HomeMy WebLinkAboutAgenda Packet 1996/02/06
Tuesday, February 6, 1996
4:00 p.m.
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Council Chambers
Public Services Building
Re1lular Meetim! of the City of Chula Vista
CALL TO ORDER
L
ROLL CALL:
Councilmembers Alevy _, Moot _' Padilla _, Rindone _, and
Mayor Horton _0
2, PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3,
APPROVAL OF MINUTES:
January 23, 1996 (City Council Meeting) and January 23, 1996 (Joint
City Council/Redevelopment Agency Meeting)
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Sofia Salgado - Cultural Arts Commission.
b. Proclamation commending Hector Octavio Ortiz, Karate Junior World Champion Gold
Medalist. The proclamation will be presented by Mayor Horton.
c. Presentation on Resource Plan and Imnerial Irrhmtion Nel!otiations by Mark Watton, Chair
of the San Diego County Water Authority.
d. Presentation of the Natural Resources Conservation Award from SDG&E.
*****
Effeclive 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 aclions taken in closed session and to adjourn the meeling.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeling. However,
final aclions reported will be recorded in the minutes which will be availnble in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through 14)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Form" availnble in the lobby and submit it to the City Clerk prior to the meeling. (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 that Council did not meet in Closed Session on 1/23/96.
It is recommended that the letter be received aod filed.
Agenda
-2-
February 6, 1996
b. Letter of resignation from Ken M. Clark - Economic Development Commission (Ex-officio).
It is recommended that the City Clerk be directed to post immediately according to the Maddy Act
in the Clerk's Office and the Public Libraty.
c. Letter from Monica Montgomery requesting financial assistance to attend the 1996 California
Association Peer Helping Conference in Oakland, California. It is recommended that this
request be denied.
d. Letter from Lily Garcia-Rico stating Meadowlark Avenue is in need of repair. It is
recommended that staff communicate with Ms. Garcia-Rico and assure her that the staff will be
repairing her street in consideration of overall City pavement priorities.
e. Letter from Dennis Mauricio, Director, Hilltop High Music Tech Ensemble, requesting
financial assistance for students to take trips. It is recommended that $500 of the Council
Contingency Account be granted to the Hilltop High Music Tech Ensemble in exchange for which
the group will perform at two City events within this calendar year.
6. ORDINANCE 2661 AMENDING THE CAMPAIGN CONTRIBUTIONS ORDINANCE TO
APPLY THE CITY'S CONTRffiUTIONS PROlllBITIONS AND
LIMITATIONS TO INDEPENDENT EXPENDITURES COMMITTEES
(second readin!! and adontionl - On 11/21/95, Council approved four out of
six proposed changes to the campaign contributions regulations by the
introduction of Ordinance 2654 and referred the remaining two -- related to (I)
independent expenditure committees, (2) campaign debt -- to the City Attorney
for further study. report and recommendations. This report and ordinance
responds to tbat portion of the referral dealing with independent expenditure
committee contribution regulation. More time is needed to study that portion
of the referral dealing with campaign debts which will be brought back at a later
time. Staff recommends Council place the ordinance on second reading and
adoption. (City Attorney)
7. RESOLUTION 18199 APPROVING REVISED AGREEMENT WITH THE COUNTY OF SAN
DIEGO FOR THE POLICE DEPARTMENT PARTICIPATION IN THE
CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS
NETWORK - On 12/18/90, the City entered into a five year agreement with
the County of San Diego to participate in the California Identification System
Remote Acce.-'.s Network (CAL-ID/RAN). The agreement is presented again for
approval due to the expiration of the term of the previous agreement on 6/30/95.
Staff recommends approval of the resolution. (Chief of Police)
8. RESOLUTION 18187 AMENDING THE FISCAL YEAR 1995/96 BUDGET AND
APPROPRIATING FUNDS FROM THE AVAILABLE FUND BALANCE
OF THE GENERAL FUND TO THE INSURANCE BUDGET - An
appropriation of $400,000 from the available General Fund balance is required
to supplement the Insurance Budget for the settlement of the Gina Chammas v.
City of Chula Vista lawsuit. Staff recommends approval of the resolution.
(Director of Personnel) 4/5th's vote required. Continued from the meeting
of 1/23/96.
Agenda
-3-
February 6, 1996
9. RESOLUfION 18200 AUfHORIZING PURCHASE OF OFFICE SUPPLIES FROM
CORPORATE EXPRESS THROUGH JULy 31, 1996 IN ACCORDANCE
WITH CITY OF SAN DIEGO RESOLUfIONS 78462 AND 284802 AND
APPROVING PARTICIPATION IN A COOPERATIVE PURCHASING
AGREEMENT WITH THE CITY OF SAN DIEGO FOR PURCHASE OF
OFFICE SUPPLIES IN FISCAL YEAR 1996/97 - The City of San Diego has
hid out office supplies and awarded a contract to Corporate Express. A public
agency clause in the contract allows the City of Chula Vista tn purchase office
supplies for identical terms and conditions as the City of San Diego. The office
supply contract will be rebid next fiscal year. Staff recommends approval of the
resolution. (Director of Finance)
10. RESOLUfION 18201 APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH
AMERICAN LEGION POST NUMBER 434 INC. FOR USE OF CITY
PROPERTY AT EUCALYPTUS PARK AND APPROPRIATE $27,600
FROM VARIOUS APPROVED CIP PROJECTS UfILIZING PARK AND
ACQillSITION FUNDS FOR CITY SHARE OF RENOVATING THE
PARKING LOT - On 11/14/95, Council approved the American Legion
building expansion and proposal for a cost-sharing agreement with the American
Legion for parking-lot renovation. The Department was directed to negotiate
an amended lease agreement and a cost-sharing agreement with the Legion to
renovate the parking lot and identify a funding source. Staff recommends
approval of the resolution. (Director of Parks and Recreation) 4/Sth's vote
required.
11. RESOLUfION 18202 APPROVING FIRST AMENDMENT TO AGREEMENT WITH SAN
DIEGO TRANSIT CORP. (SDTC) FOR FIXED ROUfE BUS SERVICE
FOR THE PERIOD JULY I, 1993 - JUNE 30,1996 - The First Amendment
exercises the City's option to extend the agreement with SDTC for two years,
from 7/1/96 to 6/30/98. Staff recommends approval of the resolution.
(Director of Public Works)
12. RESOLUfION 18203 APPROVING CHANGE ORDER NUMBER 3 FOR THE MEMORIAL
PARK GYMNASIUM - PLUNGE - PARKWAY COMPLEX BUILDING
RENOVATION IMPROVEMENTS, PHASE I PROJECT (PR-162) AND
AUfHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUfE
ON BEHALF OF THE CITY - On 9/19/95, Council awarded a contract in the
amount of $637,460.88 (including contingencies) to Woodburn Construction
Company for the renovation of the Memorial Park Gymnasium. Change Order
Number I, which totals $48,299.98, incorporates revisions to the plumbing and
electrical systems as well as the removal of asbestos discovered during the
demolition of the buildings. Staff recommends approval of the resolution.
(Director of Public Works)
13. RESOLUfION 18204 ACCEPTING BIDS, AWARDING CONTRACT, AND APPROPRIATING
ADDITIONAL FUNDS FOR PURCHASE OF ONE NEW SEWER STEP
VAN - The fiscal year 1995/96 sewer budget provides for the purchase of one
Forward Control Dual Rear Wheel Step Van for the sewer section of Public
Works. Staff recommends approval of the resolution. (Director of Public
Works) 4/Sth's vote required.
Agenda
-4.
February 6, 1996
14. RESOLUTION 18205 ACCEPIING BIDS AND AWARDING CONTRACT FOR PURCHASE OF
TWO BRUSH CHIPPERS - The fiscal year 1995/96 equipment replacement
budget provides for the replacement of two brush chippers for the Street
Maintenance section of Public Works Operations. On 1/12/96, the Purchasing
Agent accepted bids for purchase of two brush chippers. Staff recommends
approval of the resolution awarding the contract to Altec Industries Inc.
(Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by lnw. If you wish to
speak to any item, please fill out the "Request to Speak Form" availnble in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete
the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
15.
PUBLIC HEARING
ORDINANCE 2659
16.
PUBLIC HEARING
CONSIDERING AN AMENDMENT TO SECTION 19.54.020 AND
ADDING SECTION 19.04.197 TO THE MUNICIPAL CODE-On 10/17/95,
Council passed an emergency ordinance to exempt Residential Care Facilities for
seven to twelve residents from having to obtain a Conditional Use Permit when
those residents have been determined to belong to a protected class as dermed
in the Federal Fair Housing Law. Based on further analysis of the legal issues
related to the matter, staff is recommending amendments to the Municipal Code
that would permanently exempt such uses from the requirement for a
Conditional Use Permit, provided that any such facility is located no closer than
1000 feet to another similar facility. Staff recommends Council place the
ordinance on first reading. (Director of Plafining) Continued from the
meeting of 1/9/96.
AMENDING SECTION 19.54.020 OF THE MUNICIPAL CODE AND
ADDING SECTION 19.04.197 IN ORDER TO MODIFY THE
UNCLASSIFIED USES REGULATIONS TO ALLOW RESIDENTIAL
CARE FACILITIES IN RESIDENTIAL ZONES AS A MATTER OF
RIGHT (first readinel
DRC-94-24, APPEAL OF THE PLANNING COMMISSION DECISION TO
DENY THE INSTALLATION OF A 3 FOOT HIGH, 16 FOOT WIDE
GATE ACROSS LA COSTA AVENUE DIVIDING THE EASTLAKE
GREENS NEIGHBORHOODS KNOWN AS MASTERS COLLECTION
AND BRISTOLWOOD, BREHM INVESTMENTS INC. - The appeal
requests permission to install a 3 foot high gate across La Costa Avenue to
prevent continuous vehicular circulation between the EastLake Neighborhoods
known as Master Collection and Bristolwood, and reduce potential liability for
Bristolwood homeowners. Staff recommends approval of the resolution.
(Director of Planning)
RESOLUTION 18206 DENYING AN APPEAL OF THE PLANNING COMMISSION DECISION
TO DENY THE INSTALLATION OF A 3 FOOT mGH GATE ACROSS
LA COST A A VENUE, A PRIVATE STREET WITHIN THE EASTLAKE
GREENS PLANNED COMMUNITY
Agenda
-5-
February 6, 1996
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is not an item on this agenda for public discussion. (State lnw, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications
Form" availnble 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 lime the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form availnble in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
17. RESOLUTION 18207 EXECUTING AN AGREEMENT WITH EQUITAX FOR ENERGY
AUDITING SERVICES AND WAIVING THE BIDDING
REQUIREMENTS - As part of the City's ongoing efforts to save energy and
cut costs associated with the City's energy usage, staff is recommending
contracting with a utility auditing firm to identify potential areas of savings
through utility bill overcharges or rate structure changes. The services are set
up on a contingency basis, so there is no up-front cost to the City. Staff
recommends approval of the resolution. (Environmental Resource Manager)
18. REPORT EASTLAKE PARK ISSUES - The report addresses an unresolved park issue
associated with the processing of amendments to the EastLake Greens Public
Facilities Financing Plan (as identified in tbe GDP/SPA Plan Amendment). The
main focus of the report is to ensure that the community center identified in the
EastLake Park Agreement is financed and constructed by the EastLake
Development Company. (Director of Parks & Recreation) Continued from the
meeting of 1/23/96.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the lime the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Counci/members.
Public comments are limited to five minutes per individual.
Agenda
-6-
February 6, 1996
OTHER BUSINESS
19. CITY MANAGER'S REPORTlSl
a. Scheduling of meetings.
20. MAYOR'S REPORTISl
a. Ratification of appointment to the Civil Service Commission - James Monaghan.
21. COUNCIL COMMENTS
Councilmember Rindone
a. Reopening negotiations to consider elimination of City work furlough and returning annual pay
reductions of 1.92 % to affected employees on work furlough. Continued from the meeting of
1/23/96.
b. City participation in Hire-A-Youth program.
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) a Special Worksession/Meeting on Thursday, February
8, 1996 at 4:30 p.m. in the Council Conference Room, Administration Building, and thence to the Regular City
Council Meeting on February 13, 1996 at 6:00 p.m. in the City Council Chambers, Public Services Building.
A Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the City Council
Meeting.
A Special Joint Workshop/Meeting of the City Council/Redevelopment Agency will be held immediately following
the Joint Meeting of the City Council/Redevelopment Agency in the Council Conference Room, Administration
Building.
Agenda
-7-
February 6, 1996
*****
CLOSED SESSION
Unless the City Allorney, the City Manager or the City Council states otherwise at this lime, the Council will
discuss and deliberate on the following items of business which are permilled by lnw to be the subject of a closed
session discussion, and which the Council is advised should he discussed in closed session to best protect the
interests of the City. The Council is required by lnw to return to open session, issue any reports of JmgJ action
taken in closed session, and the votes taken. However, due to the typical length of lime taken up by clnsed
sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from
closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be availnble in the City Clerk's Office.
22. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
. Estate of Leo Albert.
. Chula Vista and nine other cities vs. the County of San Diego regarding solid waste
issues (trash litigation).
. Trinidad De La Rosa vs. the City of Chula Vista.
2. Anticipated litigation pursuant to Government Code Section 54956.9
. EastLake Development Company prospective mediation regarding EDC's park
obligations.
. Anticipated foreclosure proceedings on various assessment districts.
SALE AND DISPOSITION OF REAL PROPERTY - Pursuant to Government Code Section 54956.8
. Purchase of property from R.E. Hazard Contracting Company, 1855 Maxwell Road, Chula Vista,
CA.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE) , Police Officers Association (POA) and International Association of Fire
Figbters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
23. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
*****
COMMENDING HECTOR OCTAVIO ORTIZ
KARATE JUNIOR WORLD CHAMPION GOLD MEDALIST
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, martial arts exemplifies the best in sportsmanship and discipline
promotingpositive social attributes such as self-confidence, self-control and respect
for others; and
WHEREAS, to really excel in anyone sport, an individual must demonstrate,
in addition to a great deal of natural ability, an outstanding spirit of dedication,
enthusiasm, and hard work; and
WHEREAS, Chula Vista resident Hector Octavia Ortiz, earned the title of
National Karate Champion of Mexico in 1993, 1994 and 1995; and
WHEREAS, Hector won the 1994 World's Championship for Young Adults
in Western Australia, and in 1995, at age 17, achieved the Championship again
in Hungary:
NOW, THEREFORE, I, SHIRLEY HORTON, Mayor of the City of Chula
Vista, Califomia, do hereby COMMEND HECTOR OCTAVIO ORTIZ KARATE
JUNIOR WORLD CHAMPION GOLD MEDALIST for the dedication, proficiency
and physical conditioning displayed throughout his athletic career. FURTHER, on
behalf of the City of Chula Vista, extend this expression of pride in your
accomplishments, and our deep appreciation for the exemplary role model you
provide for our young citizens.
Jjf' )
February 1, 1996
SUBJECT:
The Honorable Mayor and City coun)(~~
John D. Goss, City Manager~ ~~~
city council Meeting of FebruarV 6~1996
TO:
FROM:
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, February 6, 1996. Comments
regarding the written communications are as follows:
5a. This is a letter from the City Attorney reporting that the
city Council did not meet in Closed Session on 1/23/96. IT IS
RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
5b. IT IS RECOMMENDED THAT KEN M. CLARK'S RESIGNATION FROM THE
ECONOMIC DEVELOPMENT 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.
5c. This is a letter from Monica Montgomery requesting a financial
contribution from the Ci~y to help sponsor her attendance at
the California Assoc':'ation Peer Helping Conference in Oakland.
The Council has in the past been very generous in granting
sponsorships of this nature and the criteria for funding
organizations or individuals as stated in Council Policy 159-
02 has been very broadly interpreted insofar as the definition
of "specific, tangible benefit" to the city. Howe'ver, in
this case it is staff's belief that Ms. Montgomery's
attendance at this conference does not meet this criteria and
IT IS RECOMMENDED THAT THIS REQUEST BE DENIED.
5d. This is a letter from B. Lily Garcia-Rico of 119 Meadowlark
Avenue indicating that the street she lives on is extremely
deteriorated and may have to be repaved. She requested that
the condition of the street be evaluated. City staff has
examined the street and determined that it will need
resurfacing within a few years. The last pavement management
program analysis was conducted six or seven years ago and
indicated that, assuming streets were maintained according to
the recommendations in the report, Meadowlark Avenue would be
scheduled for reconstruction in approximately 1998.
Unfortunately, due to insufficient funds, the city has not
been able to maintain the schedule. The city's consultant is
now in the process of finalizing the 1995 update to the
pavement management program and this update may indicate a
different priority for all streets. IT IS RECOMMENDED THAT
STAFF COMMUNICATE THE ABOVE INFORMATION TO MS. GARCIA-RICO AND
ASSURE HER THAT WE WILL BE REPAIRING HER STREET IN
CONSIDERATION OF OVERALL CITY PAVEMENT PRIORITIES.
5e. This is a letter from Dennis Mauricio, Director of the Hilltop
High Music Tech Ensemble, seeking financial support towards
travel expenses to Arizona and Nevada to perform. Based on
past practice and the criteria set forth in council Policy
'159-02, "Funding Private organizations or Individuals", IT IS
RECOMMENDED THAT $500 OF THE COUNCIL CONTINGENCY ACCOUNT BE
GRANTED TO THE HILLTOP HIGH MUSIC TECH ENSEMBLE IN EXCHANGE
FOR WHICH THE GROUP WILL PERFORM AT TWO CITY EVENTS WITHIN
THIS CALENDAR YEAR. In accordance with the council Policy,
the Music Ensemble will enter into an agreement stipulating
the specifics of their performance requirements in order to
receive this funding.
Mr. Mauricio also asks for suggestions on how to better inform
the public regarding this program. We have used the reader
board during Council meetings to make public service
announcements of this nature in the past and, if Council so
desires, a brief message giving information on the group and
their request for donations can be displayed during a meeting.
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CllY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
January 25, 1996
From:
The Honorable Mayor and City Council
Bruce M. Boogaard, city Attorney~
Report Regarding Actions Taken in Closed Session
for the Meeting of 1/23/96
To:
Re:
The City Attorney hereby reports that the city Council did not meet
in Closed Session on January 23, 1996.
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Chula Vista, CA 91910
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FAX (619) 482'6402
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Ken M. Clark
Small Business Programs Coordinator
SBDITC/SWC
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Dcccmbcr 27, 1995
Cheryl Dye, Manager
Economic Development
Community Development Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Ms. Dye:
This letter serves as my resignation from the Economic Development
Commission of the City ofChula Vista. Organizational changes and
a reassessment of proirities for 1996 in my capacity of Small Business
Programs Coordinator for the SBDITC at Southwestern College have lead to
this decision. The experience as an Ex-Officio member of your board has
provided me the special insight I need to service the Chula Vista small
business community.
The City ofChula Vista and it's Economic Development Commission can
always count on myself and the resources of the Small Business Development
and International Trade Center as needs arise.
My best to you and my fellow commissioners in 1996.
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COUNCil OffiCES
CHlIl,\ VIS lA, CA
City of Chula v~sta
276 Fourth Avenue
Chula Vista, CA 91910
Dear Members of the City of Chu1a Vista,
I am one of six high school students recently selected
attend the 1996 California Association Peer Helping
Conference to be held in Oakland, California.
The enormous influence of peers in the life of an adolescent
is obvious. Peers can be very powerful in establishing
standards of positive, socially acceptable behavior. Our
purpose is to train students to become effective listeners,
communicators and potential peer covnselors. Students will
gain an awareness of social issues and communication
techniques. Peer counselors will be able to apply their
skills confidently in a wide variety of practical, everyday
situations.
Peer helping proves every day that young people are valuable
community resources. Peer helping is about young people who
listen, care, respond, and contribute. The California
Association of Peer Programs is a nonprofit public benefit
corporation that is dedicated to the initiation, enhancement,
and promotion of youth service through quality peer programs.
I am a senior at Bonita Vista High School. My school
activities include Sound Unlimited Show Choir, Peer
Counseling, ASU President, and a member of the Senior Task
Force. I also participate in the Jr. Usher Board and youth
choir at church. I am an Alpha Kppa Alpha Debutante
Candidate. We participate in various community services which
include feeding the homeless and hosting parties for Senior
Citizens.
Unfortunately school funding is limited and in order to
attend this valuable conference we have been asked to raise
$320.00 per student by February 1, 1996. I hope that the
City of Chula Vista will consider helping me achieve this
goal.
To show my appreciation for your sponsorship, I would be
happy to provide a program on the conference and our
experience.
C:' c:
Please call me at 470-3337
you need more information.
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or Mr. Doug Howarth at 691-5784 if
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Checks should be made out to Bonita Vista High School ASB @
Peer Counseling Program and mailed to the address above
Please include my name with it.
Thank you so much for considering sponsoring me on this
wonderful opportunity for youth.
Sincerely,
Monica Montgomery
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Lily Garcia-Rico
119 Meadowlark Rue.
Chula Uista, CR 91911
(619) 426- 7070
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COUNCil OffiCES
CHUIA VISTA CA
.Y IF CHULA vlsn
~ eliftK'S OFFIC'
January 24, 1996
Dear Mayor Horton and City Council,
I recently bought a house in [hula Uista. I haue always liked
[hula Uista to Iiue in. I now haue three young children and I would
like to raise them here. When we moued we receiued a letter
welcoming us to [hula Uista. I thought that was really nice since I
had neuer receiued something like that before. I wanted to take the
time and thank whom euer was responsible for that.
In addition I would like to take this time to bring something to your
attention. Meadowlark Rue., which is the street we Iiue on, is
eHtremely deteriorated. I belieue it may haue to be repaued. I would
appreciate it if you could haue someone come and check it out. The
nice thing about it is that it is a rather small street. I hope to get a
response to this letter. I would like to thank you for your time and
attention to this matter.
Sincerely,
. ;/.)'. .
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B. Lily Garcia-Rico
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msEIDBLE
~ECEIVE'
'96 ..1M 30 P2 :15
Shirley Horton, Mayor
('hula I 'Is/a ( 't/y ( 'o!ttf(:tI Memhers:
John Moot
Steve Padilla
Jerry Rindone
Scott Alevy
276 Fourth Avenue
Chula Vista CA 91910
January 23, 1996
.Y IF CHULA 'ilIS7.
~ Cli-RK'S OFFICI/0 ([
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Dear Mayor Horton and City Council Members.
The students of the Hilltop High School Music Tech Ensemble (information on the ensemble and
myself as their director is attached) had originally been invited to perform on the steps of the
Capitol Bldg. in Washington, D.C on 3/28/96, in addition 10 a few other educationally sponsored
performances Unfortunately, the various fund raising efforts such as performing for various
groups, holding multi-media workshops for younger children, and their CD sales, are falling short
of the needed funds, therefore, an alternative trip to Arizona to visit two universities, and Nevada,
to perform and share their technology is in the process of being planned. We hope to make the
Washington trip in the Spring of 1997. as we hate for them to miss all of the educational
opportunities that the Washington area has to offer
They are now pursuing additional forms of community support At this time we would like to ask
the city council tor a donation, but we are also asking for suggestions and ideas trom the members
of the council as to how we can better get the public informed about this unique program,
including all the various things that these students have done, especially the CD - as all the music
was completely arranged, recorded, mixed and produced in their classroom studiollab until the
tinal master The cover graphics were done by two of the students.
These are dedicated, hard-working students, many of whom hope to pursue music careers in some
form. Any donations, suggestions or sponsorship would be greatly appreciated. We are looking
for a few solid "Partners in Education" to help make the program stronger.
Thank you tor your assistance with this matter
Sincerely,
(f'\ ^ '0 , .
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Dennis Mauricio, Director
Htlltop HiKh MUSIC l'ech }~ttsemh/e
Att
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Hilltop High School Music Technology 555 Claire~venue
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Chula Vista, CA 91910 (619) 585-6141
D(If 1tft
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Pertinent Facts about the Ensemble:
The Music Tech Ensemble: The Hilltop High Music Tech Ensemble from Chula Vista, California
is a nationally recognized student performing group featuring keyboards, electronic percussion, MIDI wind
controllers, electric guitars and vocals.
Their diverse repertoire includes a wide variety of musical styles and original compositions arranged by the
director, Dennis Mauricio and members of the ensemble. These arrangements, many of them now published
and used by electronic ensembles across the nation, incorporate a virtually unlimited sound palate available
from state of the art electronic music instruments.
The Music Tech Ensemble is an advanced. "live" student perfOnninll ensemble that meets for two hours each
day, The thirty members of the ensemble fonn a microcosm of the music industry with students filling the
roles of perfonning musicians, sound techs and business managers. In addition to learning a wide range of
musical repertoire, the students also learn music theory, arranging, composing and studio recording and
production. The group's sound techs handle all of the sound system responsibilities and equipment
maintenance for the ensemble. With the high level of commitment and long hours that the members invest in
the group, the ensemble works together and supports one another more like a close-knit family than a
traditional class setting.
Performinl! Exoerience:
.. Disneyland .. Sea W orid
.. State Educator Conferences .. Chula Vista Harbor Festival
.. 1995 National School Board Conference in San Francisco
(Chosen as I of only 3 musical groups to perform
for this event from across the nation)
.. Various other Community & School Sponsored Events
Director: Dennis Mauricio -
National Univenity - Master of Science in Computers in Education
Point Loma Nazarene CoUege - Bachelor of Arts in Music Composition
Co-autbor: Fundamentals of Music TechIWlogy, A Course of Study for Secondary Schools
Staff Instruttor: University of North em Colorado - Music Technology and Multimedia summer workshop,
as well as workshops at UCLA & S.D. State University.
California Musit Eduaton Association: Technology Representative
Mr. Mauricio is also an attive tomposer and arranger of works for tech ensembles published under The
Music Tech Ensembles Series. His company, M""rido M"sic, is a music technology and education resource
development and consulting business,
Hilltop High Scb.ool Music Technology 555 Claire Avenue Chula VISta, CA 91910 (619) 585-6141
Se-,2.,
council Agenda Statement
Submitted by:
Item: K" ?
Meeting Date: January 23,~996 ~~~
/"O~
Ordinance No. 2661 - AMENDING THE CAMPA~\
CONTRIBUTIONS ORDINANCE TO APPLY THE CI~~S
CONTRIBUTIONS PROHIBITIONS AND LIMITA~rONS TO
,
INDEPENDENT EXPENDITURE COMMITTEE-f)\)
Bruce M. Boogaard, City Attorneyl~
Item Title:
Agenda Classification:
( ) Consent"
(XX) Action Item
( ) Public Hearing
( ) Other:
4/5ths Vote: ( ) Yes (X) No
Referral No.
At the November 21, 1995 City Council meeting, the Council
approved four out of six proposed changes to the campaign
contributions regulations by the introduction of Ordinance No.
2654, and referred the remaining two--related to (1) independent
expenditure committees and (2) campaign debt--to th~ city
Attorney for further study, report and recommendations. This
report and attached proposed ordinance responds to that portion
of the referral dealing with independent expenditure committee
contribution regulation. More time is needed to study that
portion of the referral dealing with campaign debts, which will
brought back at a later time.
Recommendation:
The attached proposed ordinance changes the current campaign
contribution regulatory scheme by making the same contributions
limitations and prohibitions now applicable to candidates apply
to independent expenditure committees.
Our Office recommends that you place the attached ordinance on
first reading.
Alternative Courses of Action: Defer until After March Election.
It is also understood that, because of the interests of the
various parties in the pending election, there may not be
sufficient distance from the problem at this time to
independently evaluate and decide on the best course of
action, and that this matter should be deferred until after
the March election.
~ t-j
Meeting Date: 11/21/95
Page 2
Boards and Commissions Recommendation:
The Ethics Board had originally recommended applying the current
individual limits and organizational prohibitions to independent
expenditure committees.
Discussion:
A. Objective of Current Regulatory Scheme.
Past councils have adopted two essential philosophical components
in regulating campaign activity: First, "organlzatlonal"l
dollars should be kept out of the campaign process. Second, no
one individual2, other than the candidate, should be too
influential in providing funding for a political campaign.
While it was set in place before this author arrived at the City,
based on its contents, the organizational contribution prohi-
bition appears to be Lased on the philosophy, in part, that
organizations should not be entitled to participate in the
electoral process apparently because (1) they represent special
interests which are typically disassociated from the needs of
human citizens; and/or (2) organizations have a unique ability,
greater than the typical individual, to assemble capital and to
use that capital in order to advance their special needs through
the electoral process.
It also appears, based on the fact that an individual's
contribution is limited to $250 per contributor, that there
should be a broad base of low cost involvement in political
campaigns in order to assure the candidate has to appeal to a
broad spectrum of the community and not be beholden to any single
large contributor for their seat or office.
1. Please note that our ordinance distinguishes "organizational"
contributions as a broader concept than just "corporate" con-
tributions. "Organizations" include corporations, but also
include all other forms of conducting business and non-profit
activity: political action committees, trusts, partnerships,
sole proprietorships, associations, etc.
2. A corporate entity has been given the status of a "person"
for the purpose of extending various constitutional privileges.
Therefore, we use the term "individual" rather than "person" to
distinguish a human being from a corporate or other business
form.
p-:r ~ ~;;,
Meeting Date: 11/21/95
Page 3
Both components appear designed to achieve the purpose of making
the quality of decision-making of the legislative body, in their
exercise of governmental power after the successful candidates
are seated, responsive to the needs of a broader segment of the
human popultion of the community and not to special interest
organizations.
B. Legitimacy of Objective.
Such philosophical components and purpose has been recognized by
the courts as a legitimate governmental interest sufficient to
justify a regulatory intrusion into the contribution habits and
activity of the population.
The City of San Diego currently has the same philosophy
incorporated into their regulatory scheme. However, their
regulatory scheme does regulate independent expenditure
committees whereas ours is silent in this arena.3 The lack of
regulation has led to the use of independent expenditure
committees as a vehicle for the introduction of organizational
dollars into local campaigns as well as for contributions from
individuals greater than the limits allowed if made directly to a
candidate or controlled committee.
C. Existing Inconsistency.
The City Attorney's Office has been receiving complaints for
years now that there is a "loophole" in the regulatory scheme in
that no corporations, political action committees, or other types
of organizations, are permitted to contribute directly to a
candidate, but if an independent expenditure committee forms and
declines to work "at the behest" of, albeit supportive of, the
candidate, they can amass contributions from organizations and
persons in any amount completely free from the regulatory scheme
of the City's ordinances.
The Council directed that the City Attorney attach hereto such
evidence of independent expenditure committee activity in Chula
vista campaigns as is available. The contribution statements on
file with the city Clerk are attached hereto as Exhibit B.
The City Attorney's Office recommends that, if the policy reasons
for the no organizational dollar involvement and limited personal
contributions remain valid, they should be made effective and not
so easily circumvented by forming IEC's. Otherwise, the entire
3. A copy of their ordinance is attached as Exhibit A.
~6'J
Meeting Date: 11/21/95
Page 4
local regulatory scheme should be abandoned so that no candidate
conducts their campaign on a set of principles and expectations
different from another.
while this Office is not recommending it, new councils are free
to change the philosophical underpinnings and the extent to which
the local government should regulate contribution activity. upon
being so directed, the Office will provide such ame~dments as the
council may request.
But until there is some official action to change the regulatory
scheme, there appears to be an existing significant inequity in
the regulatory philosophy and scheme between the treatment
extended to a candidate's committee and a committee which claims
independence from a candidate:
There is no apparent logic that can justify precluding a
candidate's campaign from receiving "Organization Dollars" but
allowing an independent expenditure co~ittee4 unlimited access
to and receipt of such organizational Dollars. If it is
justifable to keep organizations from contributing to the
campa:~n activity of candidates (and it seems there is), it seems
justifiable to keep them out of all campaign activity regardless
of whether or not the campaign activity is sponsored by the
candidate.
The interlineations required to make th:s single philosophical
change are too numerous to identify in this report and are marked
in the proposed ordinance, attached hereto as Exhibit c.
Fiscal Impact:
The changes are to a regulatory ordinance and do not have a cost
impact to the city, other than perhaps some minor clerical
paperwork and staff time involved in answering public inquiries.
M:\home\attorney\contl13b.wp
4. Again, an independent expenditure committee is one that is not
working "at the behest" of a candidate. If a committee is working
"at the behest" of a candidate, the committee is not considered
independent, and all contribution activity of that committee must
be accounted for by the singular candidate's committee, and be
subject to contr;butions limitations.
~ t-J/
SAN DIEGO MUNICIPAL CODE
A27.2903
DIVISION 29
San Diego Municipal Election Campaign
Control Ordinance
(Added 4-10-73 by O-1I034 NS.)
~ 27.2901 Purpose and Intent
Inherent to the high cost of election campaign.
ing is the problem of improper influence, real or
potential, exercised by campaign contributions
over elected officials It is the purpose and intent of
the City Council of the City of San Diego in enact.
ing this division to preserve an orderly political
forum in which individuals may express tl:em-
selves effectively; to place realistic aud enforceable
limits on the amounts of money that may be con-
tributed to political campaigns in municipal elec.
tions; to prohibit contributions by organizations in
order to develop a broader base of political efficacy
within the community; to limit the use ofloans and
credit in the financing of municipal election cam-
paigns; and to pro\;de full and fair enforcement of
all the provisions of this division. This division is
enacted in accordance with the terms of Section 5
of Article Xl of the Constitution of the State ofCal.
ifornia and Articles II and III of the Charter of The
City of San Dieg". The provisions of Section
27,2002 of this article shall not apply to this divi.
sion.
(Amended 6--29-77 by 0-12096 N.S., effective
6-29-77.)
~ 27.2902 Citation
This division shall be cited as the San Diego
Municipal Election Campaign Control Ordinance.
(Amended 6--29-77 by 0-12096 NS" effective
6--29-77.)
~ 27.2903 Definitions
Whenever in this division the following words
or phrases are used, they mean:
(al"Broadcast station" means any person who
engages in the dissemination of radio communica-
tion as defined in the Federal Communications Act
of 1934, including any cable television system
franchised or otherwise licensed by the City.
(b) "Candidate" means any individual who
(1) is listed on the ballot for elective City office;
or
(2) has begun to circulate nominating petitions
or authorized others to do so on his or her behalf
for nomination for or election to a City office; or
(31 has received a contribution or made an
expenditure or authorized another person to
receive a contribution or make an expenditure
with the intent to bring about his or her nomina.
tion for or election to any City office; or
(4) is a City office holder who becomes the sut>-
ject of a recall ~lection. For purposes of Section
27.2903(b) (4), a City office holder "becomer, the
(84-648)
EyrJd3/1
subject of a recall election" on the date a notice of
intention to circulate a recall petition is published
pursuant to San Diego Municipal Code section
27,2704.
(c) "City office" means the offices of Mayor,
Councilmember, and City Attorney of the City of
San Diego,
(d) "Committee" means any person or combina.
tion of persof>s who for political purposes directly
or indirectly:
(1) Receives contributions totaling five hundred
dollars ($500) or more in a calendar year; or
(2) Makes expenditures totaling five hundred
dollars ($500) or more in a calendar year.
(e) "Contribution"
(1) "Contribution" includes:
(i) any payment, as defined in Section
27,2903(1); or
(ii) any loan, forgiveness of a loan, payment of a
loan by a third party, or any enforceable promise to
make a payment, except to the extent that full and
adequate consideration is received, unless it is
clear from the surrounding circumstances that it is
not made for political purposes; or
(iii) forgiveness of a debt or other obligation to
pay for goods or services rendered, or reduction of
the amount of a debt or other obligation to pay for
goods or services rendered resulting from a settle.
ment of a claim disputed by the candidate or com.
mittee, unless it is clear from the circumstances
that the amount of the reduction was reasonably
based on a good faith dispute; or
(iv) any expenditure made at the behest of a
candidate, committee or elected officer, unless full
and adequate consideration is received for making
the expenditure; or
(v) any purchase of tickets for events such as
dinners, luncheons, rallies and similar fundraising
events: or
(vi) a Candidate's own money or property used
on behalf of his or her candidacy; or
(vii) any granting of discounts or rebates not
extended to the public generally. or any granting of
discounts or rebates by television and radio sta.
tions and newspapers not extended on an equal
hasis to all candidates for the same office; or
(viii) any payment of compensation by any per.
son for the personal services or expenses of any
other person if such services are rendered or
expenses incurred on behalf of a candidate or com-
mittee without payment of full and adequate con-
sideration; or
(ix) any transfer of anything of value by a com-
mittee to another committee, unless full and ade-
quate consideration is paid.
(2) "Contribution" does not include:
(i) the transfer of anything of value ifthe trans.
fer is made pursuant to an enforceable promise, to
the extent that the amounts have been previously
reported as a contribution; or _
(ii) the cost of an event h:~j in hor.o: or behalf
of a candidate or committee when the t'JtaI cost of
11- I
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MC 2-225
~27.2903
SAN DIEGO MLl'o,CIPAL CODE
the event is no more than five hundred dollars
($5001 and the event is not held for the purpose of
obtaining contributions t~ the candidate or com.
mittee; or
(iii) any payment made by an individual for the
individual's own travel expenses if the payment is
made voluntarily and without an understanding or
agreement that they shall be directly or indirectly
repaid to the individual; or
(iv) any independent expenditure; or
(v) the rendering of volunteer personal services,
(I) "Controlled committee" means any commit-
tee controlled directly or indirectly by a candidate
or which acts jointly with a candidate or controlled
committee in connection with the making of expen.
ditures, A candidate controls a committee if the
candidate, the candidate's agent or any other com.
mittee controlled by the candidate has a signifi.
cant influence on the actions or decisions of the
committee.
(g) "Election" means any primary, general or
special election held in the City of San Diego,
including any initiative, referendum or recall elec-
tion. Primary, general and special elections are
separate ejections for purposes of this Division.
(h) "Enforcement Authority" means the City
Attorney or other special prosecutor designated by
resolution of the City Council. Nothing in this
Division limits the authority of any law enforce.
ment agency or prosecuting attorney to enforce the
provisions of this Division under any circum.
stances where the law enforcement agency or pros.
ecuting attorney otherwise has lawful aU\.;lOrity to
do so.
(i) "Expenditure" means a payment, a forg;ve.
ness of a loan, a payment of a loan by a third party,
or an enforceable promise to make a payment,
unless it is clear from the circumstances that it is
not made for political purposes. An expenditure is
made on the date the payment is made or on the
date consideration, if any, is received, whichever is
earlier.
(j 1 "Independent expenditure" means any
expenditure made by any person in connection
with a communication which:
(1) expressly supports or opposes the nomina.
tion, election, defeat or recall of a clearly identified
candidate; or
(2) expressly supports or opposes the qualifica-
tion for the ballot, adoption or defeat of a clearly
identified measure; or
(3) taken as a whole and in context, unambigu-
ously urges a particular result in a City election.
An expenditure that is made to or at the behest
of a candidate or a committ:!e supporting or oppos-
ing a measure is not an independent expenditure.
(k) "Measure" means any City Charter amend-
ment or proposition which is:
(1) submitted to a popular vote at a City elec-
tion by action ofthe City Council; or
(2) submitted or intend~d to be submitted to a
popular vete at a City election by the procedure of
initiative or referendum whether or not it qualifies
for the ballot.
The term "measure" dc" not include a recall
election.
(1) "Payment" means any payment, reimburse.
ment. distribution, transfer, loan, advance,
deposit, gift or other rendering of money, property,
Bervices or any other thing of value, whether tangi.
ble or intangible.
(m) "Person" means any individual, proprietor-
ship, firm, partnership, joint venture, Byndicate,
business trust, company, corporation, association,
committee, labor union, or any other organization
or group of persons acting in concert.
(n) "Political purpose" meanB the purpose of
influencing or attempting to influence the action of
the voters for or against the nomination, ejection,
defeat or recall of any candidate or holder of a City
office, for or against the qualification of a City mea.
sure for the ballot, or for or against the adoption or
defeat of any City measure,
(0) "Treasurer" or "Committee treasurer"
means the individual designated to perform the
duties of treasurer under San Diego Municipal
Code section 27.2912,
(p) "Vendor" means any person who delivers
goods or renders services to a candidate or commit-
tee, unless it is clear from the circume:ances that
they were not made for political purposes,
(Amended 7-11-94 by 0-18086 N.S.)
~ 27.2904 CANDIDATE AA'D COMMIT-
TEE STATUS; DURATION
For purposes of this Division, any individual
who is a candidate retains the status of candidate,
and any person or combination of persons consti-
tuting a committee retains the status of commit.
tee, until that status is terminated either:
(a) pursuant to Government Code section 84214
and all vendors granting credit for goods or ser.
vices have been paid in full; or
(b) pursuant to Section 27.2971(d) of this
Municipal Code.
(Added 7-11-94 by 0-18086 N.S.)
I 27.2905 RECAlJ.. ELECTIONS
For purposes of this Division, a recall election
begins on the date a notice of intention to circulate
a recall petition is published pursuant to SDMC
section 27.2704; and, a recall election occurs
whether voters cast ballots pertaining to the recall
or not.
(Added 7-11-94 by 0-18086 N.S.)
~ 27.2906 Reserved for Future Use
1Reserued for futuN! use 7-11-94 by 0-18086
N .3.)
,.......,
Me 2-226
;1-~).... (- t
~
SAN DIEGO MUNICIPAL CODE
~27 .2923
~ 27.2907 Reserved for Future Use
(Reserved for future use 7-1I-94 by 0-18086
NS)
~ 27.2908 Reserved for Future Use
!Reserved for future use 7-1I-94 by 0-18086
N.S)
~ 27.2909 Reserved for Future Use
(Reserved for future use 7-1I-94 by 0-18086
NS)
~ 27.2910 Reserved for Future Use
!Reserved for future use 7-1I-94 by 0-18086
N5.)
~ 27.2911 DUTY TO HAVE CAMPAIGN
TREASURER
Every candidate and every committee shall
have a Treasurer. A candidate may designate him
or herself as Treasurer. No person other than an
individual may be designated as a Treasurer.
("Duty to Have Campaign Treasurer" added 7-
1I-94 by 0-18086 NS.)
~ 27.2912 AUTHORITY OF TREASURER
J'o expenditure may be made by or on behalf of
a committee without the authorization of the 'T'rea.
surer, No contribution may be accepted or expendi.
ture made by or on behalf of a committee at a time
when the office of Treasurer is vacant.
("Authority of Treasurer" added 7-11-94 by 0-
18086 NS)
~ 27.2913 Reserved for Future Use
!Reserved for future use 7-11-94 by 0-18086
NS.)
~ 27.2914 Reserved for Future Use
!Reserved for future use 7-11-94 by 0-18086
N,5.)
~ 27.2915 Reserved for Future Use
!Reserved for future use 7-11-94 by 0-18086
NS.)
~ 27.2916 Reserved for Future Use
!Reserved for future use 7-11-94 by 0-18086
N8.)
~ 27.2917 Reserved for Future Uae
!Reserved (or future use 7-11-94 by 0-18086
N.S.)
A 27.2918 Reserved for Future Use
!Reserved for future use 7-11-94 by 0-18086
NS.)
A 27.~9J'l Reserved for Future Use
(P .se' .}fd for future use 7-11-94 by 0-18U86
N5.J
'''-'
~,~
~ 27.2920 Reserved for Future Use
!Reserved for future use 7-11-94 by 0-18086
NS)
~ 27.2921 Campaign Contribution
Checking Account
Every candidate and every committee receiving
contributions of five hundred dollars ($500) or more
shall estaLlish one campaign contribution checking
account at an office of a bank or other financial insti-
tution providing checking account services located in
the City of San Diego. Upon opening of an account,
the name of the bank or other financial institution
and number thereof shall be filed with the City Clerk
and the enforcement authority within twenty-four
(24) hours. Upon opening of an account, all contribu.
tions of money or checks, or anything of value con.
verted by such candidate or committee to money or a
check, made to a candidate, to a person on behalf of a
candidate, to a committee supporting or opposing a
candidate or a City measure, or to a person on behalf
of a committee supporting or opposing a candidate or
a City measure shall be placed in the candidate's or
committee's checking account within ten no) busi.
ness days. No contribution shall be deposited to a
campaign contribution checking account without the
receipt by the candidate or committee of that infor-
mation required by Government Code Sections
84210 and 84211 concerning the contribution to be
deposited. Any contribution not deposited ...-ithin ten
(10) business days shall be returned to the contribu.
tor as soon as possible after the tenth (10) business
day, but no later than fifteen (15) business days after
receipt of the contribution. A candidate and a com.
mittee formed solely for the purpose of acting in aid
of the nomination or election of the candidate may
establish and maintain one join: checking account
for the candidate and the committee,
(Amended 7-30-S5 by 0-16487 NS.)
A 27.2922 Disbursements
Funds shall be disbursed from a campaign con.
tribution checking account established pursuant
to Section 27.2921 hereof only by check signed by
the candidate or by the candidate's or committee's
campaign treasurer or designated agents of the
campaign treasurer. Each candidate or committee
shall maintain a written record of the payee of
each check drawn on a campaign contribution
checking account and an itemized record of the
goods or services for which each check is issued,
(Amended &-29-77 by 0-12096 N.S, effective &-
29-77.)
t 27.2923 Petty Cash Fund
Section 27.2922 notwithstanding, the candidate
or campaign treasurer or other designated agents
authorized to issue checks on a campaign contribu.
tion checking account may disbune to the candidate
or committee establishing the checking account an
amo=t not'greater than $20 per wee!: to be uAed for
petty cash purposes by the candidat2 or committee,
~ ~.,?
MC 2.227
~~7 .~~~;;
An amount not greater than $40 per week may be
disbursed to a candidate and committee jointly
establishing a campaign contribution checking
account, to be used for petty cash purpoSt,3.
(Amended 6-29-77 by 0-12096 NS. effective 6-
29-77.)
~ 27.2924 Liquidation of Accounts
In the event that payment has been made for
all goods and services furnished in connection with
the campaign of a candidate or committee, a cam-
paign contribution checking account may be liqui.
dated by paying the remaining balance in the
checking account to the candidate or committee for
his or its use in any lawful manner.
(Amended 6-29-77 by 0-12096 NS. effective 6-
29-77.)
~ 27.2925 Accountability
(a) In addition to any other requirements of
this Division, every candidate or committee estab-
lishing a campaign contribution checking account
pursuant to this Division shall maintain a record
of each of the following:
(1) any contribution offered to and refused in
whole or in part by the candidate or committee; and
(2) any contribution received by the candi-
date or committee and returned in whole or in part
to the contributor; and
(3) any contribution received by tbe candi-
date or committee and deposited in whole or in
part into the campaign contribution checking
account; and
(4) any disbursement made from tbe cam-
paign contribution checking account.
(b) The records required by Section
27,2925(a) shall include, but not be limited to, all
of tbe following:
(1) the name and address of tbe contribu.
tor; and
(2) the amount of the contribution, and tbe
date on which it was received or offered; and
(3) if the contribution is made by check, a
legible photocopy of the check; and
(4) if the contribution offered or received
consists of cash, an indication tbat cash was
offered or received, and a legible pbotocopy of the
bank deposit slip indicating that the cash :ontri-
bution was deposited into the campaign contribu.
tion checking account; and
(5) legible photocopies or originals of all
bank records pertaining to the campaign contribu-
tion cbecking account; and
(6) if a contribution is self-funded, a state-
ment disclosing the source of tbe funds; and
(7) if a contribution is of sometbir.g other
than money, a description ofwbat was contributed,
a reasonable good faitb estimate of the monetary
value oftbe contribution, and tbe basis for the esti.
mate; and
(8) fe! eacb disbursement made from or
cbeck dr..wn on tbe campaign contribution check-
Me 2-228
tf-~+
~--_._--~- ....--..--..----.----.... ---.---.--- ---.
ing account, the canceled check. the bank state.
ment showing the disbursement, the nam, of the
payee of each check, an itemized recor ' of the
goods or services for which each check is .;sued or
disbursement made, and legible photocopies or
originals of any invoices, bills, or other supporting
documents for which funds were disbursed,
(c) The records required by Section 27.2925
shall be kept by the candidate or committee trea.
surer establishing the account for a period of four
(4) years following the date that the campai..n
statement to which they relate is filed.
(dl Each candidate and committee shall
deliver, on demand, to any public officer having
autbority to enforce this Division a written autho-
rization permitting the officer to have access to all
records pertaining to the campaign contribution
checking account.
(el Each candidate and committee shall, on
demand, make available to any public officer hav-
ing authority to enforce this Division all records
required by this Division to be maintained by the
candidate or committee,
(f) Each committee that also participates in
elections other than City candidate elections shall
segregate contributions received and expenditures
made for political purposes in connection with City
candidate elections from all other contributions or
expenditures made.
(Amended 7-11-94 by 0-18086 NS.!
~ 27.2926 Campaign Contribution Trunt
Account - Establishment
(Repealed 6-0-75 by 0-11630 N.S')
~ 27:2927 Campaign Contribution Trust
Account - Disbursements
(Repealed 6--5-75 by 0-11630 NS.)
~ 27.2928 Campaign Contribution Trust
Account - Surplus Funds
(Repealed 6--5-75 by 0-11630 NS.)
~ 27.2929 Campaign Contribution Trust
Account - Confidentiality
(Repealed 6--5-75 by 0-11630 NS.)
t 27.2930 Reserved for Future Use
(Reserved for future use 7-11-94 by 0-18086
NS.)
t 27.2931 Campaign Statements and Dis-
closures
Eacb candidate and committee shall file cam-
paign statements in the time and manner required
by the Political Reform Act of 1974 as amended
(Government Code Sections 81000 et seq.). Com-
pliance with the disclosure requirements of the
Political Reform Act of 1974, as amended is
deemed to be compliance with this Section,
:'Campaign Statements and Disclosures'
amended 7-11-94 by 0-18086 N S.)
~ t,-y
'-'
SAN DIEGO MUNICIPAL CODE
~27.2943
~ 27.2943 Disclosure, Evidence and
Terms of LoaDS
(al If a candidate or committee obtains a loan
in compliance with Section 27.2942, the candidate
or committee shall comply with all of the following
requirements:
(l) The candidate or committee shall docu-
ment the loan by a written agreement that sets
forth the lender, loan amount, funding source if
different from the lender, interest rate, repayment
terms, assetis) pledged for the loan, records of pay-
mente on the loan ineluding legible photocopies of
any canceled checks, and any other promises or
conditions pertain;ng to the loan; and
(2) The candidate or committee shaJ1 file
with the City Clerk a legible photocopy of the writ-
ten agreement required by Section 27.2943\a)
within five (5) calendar days of the execution of the
~ 27.2941 Contribution Limits agreement or the receipt of the loan proceeds,
No+-e..: J (a) It is unlawful for a candidate, committee whichever occurs first; and
lJ crt \ ;>y.~( supporting or opposing a candidate, or person act- (3) The candidate or committee treasurer
~'ex ..k}ng on behalf of a candidate or committee to solicit shaJ1 personaJ1y sign a promissory note for the
"Til C"""" , or accept from any person a contribution which amount borrowed and with a specific payment sched-
n n.A ~freO'\will cause the total amount contributed by that uJe and other terms comparable to that which wouJd
1:>>"'" ~ person in support of or opposition to a candidate to be imposed by a commercial lending institution for
exceed two hundred fifty dOll~S $2&,0)for (JI',y.. sin- loans Il.llt made for political PU1JlOses;
gle election. i~~c.rt>C\ ~trW~ ':)4) The candidate or committee shall agree
(h) It is unlawful for an p son to make to to repay the loan at a rate of interest comparable
any candidate or committee supporting or oppos- to that which would be charged hy a commercial
ing a candidate a contribution that will cause the lending institution for loans not made for political
total amount contributed by that person in support purposes;
of or opposition to a candidate to exceed two hun- (5)A candidate shall not pledge security for
dred fifty dollars ($250) for any single election. the loan other than the personal assets of the can.
(c) Nothing in this section is intended to limit didate or the joint assets or community property of
the amount that a candidate may contribute to or the candidate and the candidate's spouse, except
expend on behalf of the candidate's own campaign. that other individuals may pledge security for the
(d) For purpGses fSection 27.2941(p) and (b), the loan i~ an amount no~ to exceed the monetary limo
term "committee" .neludes but is nr _limited to a its set forth in Section 27.2941; and
~ 27.2932 Campaign Statement - Con-
tents
!Repealed 6-29-77 by 0-12096 NS effectIVe 6-
29-77)
~ 27.2933 Campaign Statement - Verifi.
cation
!Repealed 6-29-77 by 0-12096 N5. effective 6-
29-77)
~ 27.2934 Campaign Statement - Filing
!Repealed 6-29-77 by 0-12096 NS. effective 6-
29-77.)
~ 27.2935 Campaign Statement - Filing
Fee
!Repealed 6-29-77 by 0-12096 NS. effective 6-
29-77.)
~ 27.2936 Campaign Statement - Excep-
tions - Declaration
!Repealed 6-29-77 by 0-12096 NS, effective 6-
29-77.)
~ 27.2937 Campaign Statement - Public
Inspection and Copymaking
!Repealed 6-29-77 by 0-12096 NS effectit'e 6-
29-77.)
~ 27.2938 Campaign Statement - Reten-
tion
Repealed 6-29-77 by 0-12096 N5. effective 6-
29-77.)
~ 27.2939 Reserved for Future Use
!Reserved for future use 7-11-94 by 0-18086
NS)
~ 27.2940 Reserved for Future Use
!Reserved for future use 7-11-94 by 0-18086
NS.)
(.........,
11--;-
committee that makes independent expenditures,
("Contribution Limits" added 7-11-94 by 0-
18086 NS.)
~ 27.2942 Limits on Loans to Candidates
and Committees
(a) Except as provided in Section 27,2942(b)
and (c), a candidate or committee may not obtain a
loan in excess of the :nonetary limits set forth in Sec-
tion 27.2941 from any person for the pr.rpose of sup-
porting or opposing a candidate in a City election,
(b) Subject to the requirements of Section
27.2943, a candidate may personaJ1y borrow any
amount of money and contribute that money to the
candidate's own campaign.
(c) A committee may borrow any amount of
money for the purpose of supporting or opposing
the qualification of a City measure lor the ballot,
or adopting or defeating a City measure, so long as
the committee is organized solely for either of
these two purposes, and pursues no other purpose,
("Limits on Loans to Candidates and Commit,
tees" added 7-11-94 by 0-18086 NS.)
./r-r~'9
MC 2.229
~27 .2943
SAN DIEGO MUNICIPAL CODE
:AddEd 7-11-94 by 0-18086 NS.)
(6) A candidate or committee shall main.
tain copies of all loan docuraents and make legible
copies aVallable for inspection in the manner pro-
vided in Section 27,2925,
(b) Section 27.2943 does not apply to commit.
tees that are orgsnized solely for the purpose of
supporting or opposing the qualification of a City
meaSl're for the ballot or solely for the purpcse of
adopting or defeating a City measure, and that
pursue no other purpose.
("Disclosure, Evidence and Terms of Loans"
addEd 7-11-94 by 0-18086 NS.)
~ 27.2944 Payment for Goods or Services
(a) Except as provided in Section 27,2945,
each candidate or treas..!rer of a controlled commi t.
tee that supports or opposes a candidate shall pay,
or cause to be paid, each vendor upon receipt of the
vendor's goods or services in whole or in par!.
(bi Except as provided in Section 27,2945, the
treasurer of a committee that makes independent
expenditures in support of or in opposition to a
candidate shall pay, or cause to be paid, each ven.
dor upon receipt of the vendor's goods or services
in whole or in part.
("Payment for Goods or Services" addEd 7-11-
94 by 0-18086 NS.)
~ 27.2945 Extensions of Vendor Credit
(a) Vendors may extend credit to candidates
or committees in the ordinary course of business in
the same manner as extended to persons for other
than political purposes.
(b) For leases or rentals of one (1) month or
more, candidates or committees that rent or lease
real or personal property for poli tical purposes
shall pay at least one month's rent in advance of
taking possession, Thereafter, candidates or com-
mittees shall pay rent in advance.
(c) For leases or rentals ofless than one (1)
month, candidates or committees that rent or lease
real or personal property for political purposes
shall pay in full in advance.
(d) A candidate or committee that accepts
goods or services for political purposes on credit
under section 27.2945(a), shall pay for those goods
or services in full no later than ninety (90) calen-
dar days after receipt of a bill or invoice and in no
event later than ninety (90) calendar days after
the last day of the month in which the goods were
delivered or the services were rendered.
(AddEd 7-11-94 by 0-18086 NS.)
~ 27.2946 Continuing Violations
A candidate or commIttee treasurer violates
Section 27.2945(bl. (cl or (d) whenever the candi-
date or committee treasurer fails to pay any rent
or for goods or services in full within the time peri.
ods set forth in Section 27.2945. Each and every
day any obligation remaon. partially or wholly
unpaId after the time periods set farth in Section
27.2945 constitutes a separate violation.
MC 2.230
~-t
;j 27.2947 Prohibitions and Limits on
Contributions From Organizations
(al It is unlawful for a candidate. committee,
committee treasurer or other person acting on behalf
of a candidate or committee In accept a contribution
from any person other than an individual.
(b) It is unlawful for a person other than an
individual to make a contribution to any candidate
or committee, except to a committee that is orga.
nized solely for the purpose of supporting or oppos-
ing the qualification of a City measure for the
ballot, or the adoption or defeat of a City measure,
and the committee pursues no other purpose.
(c) For purposes of Section 27.2947(aJ and (b),
the term "committee" includes any committee that
makes independent expenditures, in addition to
any controlled committee.
(d) Notwithstanding Section 27.2947(a), a
committee may accept a contribution from any per-
son if the committee is organized solely for the pur-
pose of supporting or opposing the qualification of
a City measure for the ballot, or the adoption or
defeat of a City measure, and the committee pur-
sues no other purpose.
(e) For purposes of Section 272947(b) and (dJ,
a recall election is not an election on a City mea-
sure.
(AddEd 7-11-94 by 0-18086 N.S.)
~ 27.2948 Obligation to Return Contribu-
tions
(a) If a candidate, committee, or committee
treasurer is offered a contribution the acceptance
of which would constitute a violation of this Divi.
sion, the candidate, committee or committee trea-
surer shall refuse the offer.
(bJ If a candidate, committee, or committee
treasurer receives a monetary contribution the
acceptance of which would constitute a violation of
this Division, neither the candidate, committee,
nor committee treasurer shall.be subject to any
penalty for receipt of that contribution if the candi.
date, committee, or committee treasurer:
(1) does not deposit the contribution into
the campaign contribution checking account; and,
(2) returns the contribution within five (5)
calendar days of the day the contribution was
received.
(c) If a candidate, committee, or committee
treasurer deposits into the campaign contribution
c~lecking account a monetary contribution the
acceptance of which constitutes a violation of this
Division, the candidate, committee, or committee
treasurer shall within five (5) calendar days of the
date of discovery of the violation report in writing
to the City Clerk All facts pertaining to the contri-
bution, inchding but not limited to:
(1) a copy of any check(s), draft(s), or other
~-/P
~-ltJ
,_l
SAN DIEGO MUNICIPAL CODE
~27 .2959
instrument(s) by which the contribution was
made; and
(21 if made in cash, the amount and den om,
inations of currency tendered and a legible photo.
copy of the bank deposit slip; and
(3) ifby "~re or other electronic fund trans,
fer, a legible printout or photocopy of the transac-
tion; and
(4) the means of tender, delivery or coni;r.
mation of the contribution (e.g. U.S, Postal Service
or private mail. courier service, in person, etc.). If
delivered in person by the contributor or the con.
tributor's agent, the report shall include the full
name, address, and telephone number of the con.
tributor or agent.
(d) The candidate ":>T committee treasurer
shall promptly deliver an amount equal to any
monetary contribution constituting a violation of
this Division that is deposited into the campaign
contribution checking account to the City Trea.
surer. The City Treasurer shall deposit any contri.
bution or equivalent amount he or she receives
under Section 27.2948 into the City's General
Fund,
(Added 7-11-94 by 0-18086 NS)
~ 27.2949 Anonymous Contributions
Totr I anonymous contributions to a candidate
or committee which exceed in the aggregate two
hundred dollars ($200) with respect to a single
election shall not be used by the candidate or com-
mittee for whvm it was intended. To the extent
that total anonymous contributions exceed two
hundred dollars ($200) the excess shall be paid
promptly, from available campaign funds, if any, to
the City Treasurer for deposit in the General Fund
of the City.
("Anonymous Contributions. renumbered from
See, 27.2943 on 7-11-94 by 0-18086 NS)
~ 27.2950 Assumed Name Contributions
No contribution shall be made, directly or indi-
rectly, by any person or combination of persons act-
ing jointly in " name other than the name by which
they are identified for legal purposes, nor in the
name of anot her person or combination of persons.
No person shall make a contribution in his or its
name of anything belonging to another person or
received from another person on the condition that
it be used as a contribution. When it is discovered
by the campai~ treasurer that a contribution has
been received in violation of this section, the cam.
paign treasurer shall pay promptly, from available
campaign funds, if any, the amount received in via.
lation of this section to the City TIeasurer for
deposit in the General Fund of the City.
("Assumed Name Contributions. renumbered
from Sec. 27.2944 on 7-11-94 by 0-18086 NS.)
t 27.2951 Campaign E"penditures -
U"":lontrolled by Cand1dat.~ or Committee
Persons or or ganizations nf't subject to the con-
'N-<l481
1t--7
trol of a candidate or committee but who make
independent expenditures for or against a candi-
date or committee shall indicate clearly on any
material published. displayed or broadcast that it
was not authorized by a candidate or committee,
when such expenditures in whole or part would
have been covered by the provisions of this ordi-
nance if they were subject to the control of a candi.
date or committee.
(Amended ~29-77 by 0-12096 N.S, effective ~
29-77.)
t 27.2952 Advertising Rates; Service
Fees and Charges
'Ib the extent that any person sells space in any
newspaper or magazine or sells time on a broad.
cast station to a candidate or committee or per-
forms other services in connection with the
campaign of the candidate or for or against the
measure,:.he charges made for the use of such
space or time shall not exceed the charges nor.
mally made for comparable use of such space or
time by other users thereof.
(Added 4-10-73 by 0-11034 NS.)
~ 27.2953 Campaign Expenditures
Received by Communications Media -
Statement Required
(Repeau,a ~29-77 by 0-12096 NS. effective ~
29-77.)
~ 27.2954 Suppliers of Goods and Ser-
vices - Disclosure of Records Required
No person who supplies goods or services or
both goods and services to a candidate or commit-
tee for use in connection ,,~th the campaign of the
candidate C~ for or against the measure shall
refuse knowingly to divulge or disclose tv the
Enforcement Authority his record of any expendi-
tures made by the candidate or co=itlee in pay.
ment for such goods or services or both.
(Added 4-10-73 by 0-11034 NS.i
t 27.2955 Reserved for Future Use
(Reserved for future use 7-11-94 by 0-18086
N.S.)
t 27.2956 Reserved for Future Use
(&served for future use 7-11-94 by 0-18086
NS.)
t 27.2957 Reserved for Future Use
(&served for future use 7-11-94 by 0-18086
N.S')
t 27.2958 Reserved for Future Use
(Reserved for future use 7-11-94 by 0-18086
NS.)
t 27.2959 Resprved for Future Use
(Rese' .Jed for future use 7-11-94 by 0-18086
NS.)
~ t"l / MC 2-230.49
~27 .2960
SAN DIEGO MUNICIPAL CODE
~ 27.2960 ReservE'd for Future Use
rResert'ed for fut:.. 'e use 7-11-94 by 0-18086
NS,)
~ 27.2961 Duties of City Clerk
In addition to other duties required of him
under the terms of this division, the City Clerk
shall:
(al Supply appropriate forms and manuals
prescribed by the state Fair Political Practices
Commission, These forms and manuals shall be
furnished to all candidates and committees, and to
all other persons required to report.
(b I Determine whether required documents
have been filed and, if so, whether they conform on
their face with the requireme"ts of state law,
(c) Notify promptly all persons and known
committees who have failed to file a document in
the form and at the time required by state law,
(d) Report apparent violations of this division
and applicable state law to the Enforcement
Authority,
(ei Complle and maintain a current list of all
statements or parts of statements filed with his
office pertaining to each candidate and each mea-
sure.
(f) Cooperate with the Enforcement Author-
ity in the performlillce of the duties of the Enforce.
ment Authority as prescribed in this division and
applicable state law
(Amended 6--29-77 by 0-12096 NS, effectiue 6--
29-77,)
whether they conform with the requirements of
this divisio:".
(Amended 6--29-77 by 0-12096 N8. effectiue 6--
29-77.)
~ 27.2964 Reserved for Future Use
rReserued for future use 7-11-94 by 0-18086
N.S)
t 27.2965 Reserved for Future Use
rReserued for future use 7-11-94 by 0-18086
NS,)
~ 27.2966 Reserved for Future Use
rReserued for future use 7-11-94 by 0-18086
NS,)
f 27.2967 Reserved for Future Use
rReserued for future use 7-11-94 by 0-18086
NS,)
f 27.2968 Reserved for Future Use
rReserued for future use 7-11-94 by 0-18086
NS,)
~ 27.2969 Reserved for Future Use
rReserued for future use 7-11-94 by 0-18086
NS,)
f 27.2970 Reserved for Future Use
(Reserued for future use 7-11-94 by 0-18086
NS,)
f 27.2971 Penalties
(a) Any person who violates any part of this
Division, or who counsels, aids, abets, advises, or
participates with another to commit any such vio-
lation, is guilty of a misdemeanor and is subject to
~ 27.2963 Enforcement Authority - the penalties set forth in Chapter I of this Munici-
Duties, Complaints, Legal Action, Investi- pal Code.
gatory Powers (b) In addition to being subject to the penal-
(a) The Enforcement Authority shall enforce ties set forth in Chapter I of this Municipal Code,
the provisions oflhis division, any person found guilty of violating Sections
(b) Any person who believes that a violation 27.2941 or 27.2947, or both, shall be required to
of any portion of this division has occurred may file forfeit the amount received in violation of this
a complaint with the Enforcement Authority. lithe Division and pay over these funds to the City Trea-
Enforcement Authority determines that there is surer for deposit in the City's General Fund.
reason to believe a violation of this division has (c) If, after an election, a candidate or office
occurred, it shall make an investigation. When- holder is convicted of a violation of any proviaion of
ever the Enforcement Authority has reason to this Division, the election to office of such candi-
believe a willful violation of this division has date or office holder shall be void and the office
occurred or is about to occur, it may institute such shall become vacant immediately upon the later of
legal action at such time as it deems necessary to the following two (2) dates:
prevent further violations. (1) the date of the candidate or office hold-
(C) The Enforcement Authority sha:! have er's conviction; or
such investigative powers as are necessary for the (2) the date the candidate would have
performance of the duties prescribed in this divi. taken office, ifthe candidate is not an incumbent.
sion and may demand and be furnished records of In the event of a vacancy resulting from appli-
campaign contributiollB and expenses at any time, cation of Section 27,2971(c), the vacancy shall be
(d) The Enforcement Authcrity shall deter. filled in acco!dance wit}, the procedures set forth
mine whether required statements and declara- in the City Charter fcr the filling of vacant City
tions have been filed as required and, if so, offices.
MC 2-230.50 It - ~ t" / ,2, ~ (......,
Duties of the Enforcement
~ 27.2962
Authority
rRepeoled 6--29- 77 by 0-12096 NS effectiue 6--
29-77,)
::,^'".... ua.GO :\ll....ll1l'AL LUUL
:-<J.,......"oJ
(d) If a canrudat<> is com~cted oh~olating any
provision of this Division any time prior to the
election, the canrudacy shall be terminau.d imme.
diately and the person shall be no longer eligible
for election.
(e) Any person convicted of a violation of any
pro\~sion ofthis Division shall be ineligible to hold
a City elective office for a period offive (5) years
from and after the dau. of the conviction.
(0 Any limitation of time prescribed by law
within which prosecution for a violation of any
part of this Division must be commenced shall not
begin to run until the ruscovery of the violation.
("Penalties" reenacted 7-11-94 by 0-18086
N.S)
t 27.2972 Effect of Violation on Outcome
of Election
(Repealed 7-11-94 by 0-18086 N.S.)
t 27.2973 Effect of Violation on Certifica-
tion of Election Results
The City Clerk shall not issue any certificau. of
nomination or election to any canrudate until his
campaign statements required in Section 27.2931,
or, if no campaign statement is required. the writ.
ten declaration permitted under Section 84212 of
the Government Code have been filed in the form
and at the place requ;red by :he Political Reform
Act of 1974. The City Council shall not adopt a res,
olution declaring any canrudau. to be nominau.d or
elected until such stau.ments or declaration have
been filed in the form and at the place required of
the candidau. in this ruvision.
(Amended ~29-77 by 0-12096 N.s. effective ~
29-77)
t 27.2974 Rules of Construction
This division shall be construed liberally in
order to effectuau. its purposes. No error, irregu.
larity, informality, neglect or omission of any
officer in any procedure taken under this ruvision
which does not directly affect the jurisdiction of
the Councilor the City to control campaign contri.
butions and expenrutures shall avoid the effect of
this division.
(Added 4-10-73 by 0-11034 N.S)
t 27.2975 Severability
If any provision of this division, or the applica-
tion thereof to any person or circumstance, is held
invalid, the validity of the remainder of the divi-
sion and the applicability of such provIsions to
other persons and circumstances shall not be
affected thereby.
(.A.dLkd 4-10-73 by 0-11034 N.S.)
l~)
;+,1
~'/J
Me 2-230.51
~/5
, I
THIS PAC:E BLANK
t. -/Y
~
~'.'"''''
~
......
INDEPENDENT EXPENDITURE AND MAJOR DONOR
COMMITTEE CAMPAIGN STATEMENT
(Government Code Sectlom 84200,8421& 5)
Rf:(' -.
~ -.
:.-~
.--'-'
-97
JJ.i - 3
r r
;1...,
FORM 461
1990
For use by:
(t) Persons who have made IndeDendent e'Dendltures totaling
S 1,000 or more in a calendar year to support or oppose candida~:
officeholders or ballo.t measure.; or CI- ;
(2) Persons who have made e.penditure. or contributions totaling
S10,OOO or more in a calendar year directly to or at the behest of
undidatM, oHiceholders or committees,
(Type or Print in Ink)
Statement covers period 11t,,) IJ/4'i I through JVNt '1, J'f'1 I
A
OFftCLAl uSE ONI.. '(
NAME OF flUR. IINCL:JCE _51 C1I' AU. AfFLJATED EHlTTti WHOSE CQHTRaIT1ON8 - INClUDED" THS STATalEHTl 1- t I '7 '12!. J t 1.. :
C.,,/,..) MA-rl-T J,""",,,L.~'1
('.,"11/ L LTl'i.4v' 2;-5 3/'i) 1'b~ C:J.tv'!A ,1Ic)
PERMANENT ADDRESS; ..0 ....o'1111.1T on "..II z-'U)O( ......COCl(N"', TIWt ~ 'WMlU:1t
.t> -r /-. A l-ItJ/h.. /1-
PERMANENT AODRES' OF RESPONSIBLE OFFICER,
-::>
c;- ~ /2-. I
/-t;.19 'f J_'2- II Z-3
~'L.:1 If~ {,fL. /; 7/v
NAME Of RESPONSIBLE OffiCER: (IF FILER IS OTHER THAN AN INOIl/IOUAL)
MO AIiIOilMIT on
u.n
"."""
AIlIUo(.QDtJO..,tlWt~!Olu"'UIll
Ci I
TOT..... PA(iES
~
-
DATE OF EUCTION (MC),. DAY. YR.): ..~I
SUMMARY
,. ExpenditurM and contributions (including loans) made of S 100 Ot more this period (Part I)
2, ExpenditurM and contributions (including loans) under S 100 made this period (Not itemized)
3, TOTAL (Line 1 + 2)...................,..............,....,........,..............,.... ........,....,..,............,..........
s/7'1tl -
S
__r_
S /7<(('
4, Total of e.penditurM and contributiom made from prior statement, (Line S of last statement filed.
If this is the fim statement for the calendar year. enter zero.) ."."""",,,....,,,,,..,,..,,..,,..,,"",..,,'"
5, Cumul.tive e.penditurM and contributions (including loam) made to date (sin.:. January 1 of the
current year) (Line 3 + 4) ..",,,,.......,,.....",,.. ""..",,,,,,,,"" ",..,,,.,,..,,......,,..,.,,..,,.,,..........,, "."",....",..
&, Loans forgiven and loan guarantees made this period (Part II, Columm (a) and (b)) .."""..'"".."....'"...".
s of:'"
S !1ch
s
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VERIFICATION
I KAVI USIO AU UASOOIA&lO...lOIOICl . ......_ TMI5 nATU..T. '.....VI _D THI "..nllollMT oUID TO THI BIn Of lIlY IUlOWUDGI
THllllfOllMA~ COlfT_lD HW.1S T1IUI oUID ~
lal1ft _I_TV Of;I' ;;THlLAWS;~ n..nOf~ ~TTHI ~G0.6:T1IU:0~ICT/.
becutedon 5:""-2'0')- 2t L/......t.. I ~. by ,;; / I/[1 It I ^ ~-t"tt"?>-7
(DAn) (on ....DST..TE) (SI(iNATUIl Of 'NDIVIDU..... DONOR OR Il'PON"BLE OFFICER 'F
OTH'. THAN AN IHOtVIOUAl)
For inform..tion. required 10 be pro.Hied 10 you pursu.nllo Ihe/nformal,on PraClIC""ct of 1977. see Inform."on Manu.1
on C.mD<llan DIsclosure ProVISIOns 0' the PoJitial Reform Act. ........--.:
E:(iff t I r :jj
-1.
~
~ ..-If'
SUPPLEMENTAL INDEPENDENT EXPENDITURE REPORT
FORM 465
Report covers period from .Y/itJ (,I '1Ci J
through J7.lIve S; /17 I
NAME OF FILER:
10 NUMBER (It rlf<lpl~nt (om mltte.);
III. RUNG OFFICERS WITH WHOM MOST RECENT CAMPAIGN STATEMENTS HAVE BEEN FILED:
OFFICIAl. TITLE OF FIL.ING OFFICER
A.DORESS:
/JJ '7;\'7I tV
L. I1LTO/7r//YJ
:;...S-!:> 3 ~J> /llo-e.,tJU~
c:..HI-ILA VISTA- C/iLlr: 9/7/0
IV. SUMMARY:
,. Total independent expenditures made of S 100 or more this period (Part I)
S /79[) -
2. Total independent expenditures under S tOO made this period (Not itemized)
..... S
i /79t..
3, Total (Line 1 + 2)
VERIFICATION
I H"VE USED AU .E..SO.....U DLJGUICE II "E'''_ THIS sunMENT. I HAVI UVIlW1D THE sunME..T ANO TO THE .UT O' MV
0iI0WUOGE THE tN'OlW,AnON CONTAINED HIRllN IS TaUI AND cowun.
I aRT1FY UNOU: "MALTY Of 'EIUURY UNDER THE LAWS Of THI STAn Of CA
EXECUTEOON Jv/./e ~ c j.fI.'...", J//!>'T7'r cA L.-- IY
lOATI) (OTY AICl STArt)
THE fO!lJGOING ~E ....D
?: c'~.e '
OOECT .
c
A CANDlDAn. OfftCIHOLDU 01: STAn MlASUU PIIOPONINT WHO CDNl1lOLS A COW 111:1 MJST ALSQ VERIFY THE CAMPAIGN
ST" nME..T
I HAVE USED AU UASO....au DLJGEIICI AIIO TO THE liST Of IllY lNOWUDGl THE TlllASUIll. HAS USlO AU IlIASO.....U
DLJGE..a II _,..DIG THIS ST..nMENT. I HAVI UVIIW1D THE ST..nIlllNT AIIO TO THI liST Of IllY UlOWLlDGl THE
llfOOMATlON COtlT.....ED HE.EII IS nuE AIIO ~
I allT1fY U"DU I'l!IlALTY Of I'l!JUUlY UIIOEI THE LAWS Of THI STAn Of ~ THAT THI fOUGOIIIG IS TllUI llIIIl COllIfCT.
EXECUTtO ON ..T 1'1'
IDATlI Ian UIO nATt) ~n... 01 CAIiICllOATl. ~I(IM(JU)C" oa ~Mf')
EXECUTED ON ..T IY
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EXECUTED ON AT IY
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SUPPLEMENT AL INDEPENDENT EXPENDITURE REPORT
FORM 465
1990
(Government Code Sectlon 84203 5) pre 1'-' r:: r;
For U!le by a candIdate officeholder or commIttee making independent
e:ll.pendlt~res totaling $500 or more in a calendar year to support or
oppose a single candidate or a Single measure This form must be ~ed aJ,lN 3 ~ 8 t\
the same t,mes and laces as the cam al n statements filed ~ :tiolJ - , 'c
can j ate su orte or 0 Qse or a committee oman orme to
SUP'2o or oopose e measure separa e arm mus _ I ,or eac
candidate or measure beIng support~d or opposed. This form IS ~Cit ,It- l..
~ddjljon to any other tequlfed campaign statements. ell 'i' CL:' I
(Ty~ Of Print in tRill
Report cove" period -:i1tN 1,lq'f) through
FOR OFFI(lAL. uSE ONl 'f
I 0 NUM8ER\.~ 1l.t:(.Il-ok..1 (()4ooIl"",!!ltl
..O.....U\llUkl
{.II'
~lit,ll
llfl'(()ut.
"'Mot'" (OOt~OHt "UMU"
(/'€ tv' vie
NAME OF TREASURER: I~ N(,,,../III1 COMM.tlH)
PERMANENT ADDRESS OF TREASURER:
MO .ueoHM(t1
(Ill'
\TAH
lll'coo<
AMACQ(:ltJOA'l'tIMt,....()Mt HU...atll
DATE Of ELECTION: (MO, DAY, VR) lit ._I(A.ul 1 TOTAL PAGES IS THIS A CONTROLLED COMMITTEE' liS THIS A SPONSORED COMMlnEE'
:1,,)./,-'- '-I /"1 "i I 2" DYES B.NQ 0 YES ~ NO
I. NAME OF CANO~A TE SUPf'ORTED OR OPPOSED AND OFFICE SOUGHT OR HELD, OR NAME
OF BALLOT MEASURE AND BALLOT NUMBER OR LETIER AND MEASURE'S JURISDICTION:
JiM IVItiF-A: Fc/Z m/'-t Ij de. CHEC": ONE.
-
SUPPORT OPPost.
II. INDEPENDENT EXPENDITURES MADE: (Amounts may be rounded off to whole doll a,,) X
DATE NA..E ANO ADDRESS OF PAYEE DESCRIPTION OF A.MOUNT CUMU"
EXPENDITURE LATIVE
AMOUN"
-
;fflj 3 (. I1J ff r. Ti,.J . L. It L 7!.3P.t- 111 Le i -te-l'... To l~,"'; -n.4f'!1 1:
C (' I tV IY) c'''!? r .]Q ~../e L./C. '1 l.,j)S77~!) s.,l'i~O,?nN6 I btJC 1/7Yc
77 "" ~ pc;L Fo~ -
/1el/ ). ..-'; 3 ~ i) I+-v~
_~ .."..",:' '..;'-" ('Act.. cU~'" r')o)4-<'7((l...
fl(rZlf-.) ,1)1 A f..Tl r<J L- 11 L rt1.+1.' 111 Pol!..mN of f'-Jr-~
itvC-,'t.~ >Oil L e-rl-fe./L /9tl ---
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-....._ l\j.c:.fi.1 ~ ~~
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Attach additional information on a
For information r~uir~ 10 be pro.,ded 10 you pursu~nl .0 Ihe Inform~llon Pr~ct;ces Acl of 1977. see Informatio
on CamD~ian Disclosure Pro.islons of the polilical Refonn-AU,
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RECEIVED
MTTI FIl/ROOS a COMPANY
POU11CAL aEPOllTING co~
mY 17 111.16
~overnber 26, 1990
CITY OF CK.lU VISTA
CfTY CLERK'S OFFICE
City Clerk of Chula Vista
276 Four~~ Avenue
Chula Vista, California 92010
LATE CO:IT~I3:;Tlml REPO:1.T
Filer: citizens for a Strong Chula Vista
l20~ Third Avenue, 1700
San Diego, CA 92101
1.D. #903194
Independent ~x~enditure to:
1. Len Hoore
Chula Vista City Council
Date: 11/2/90
Amount: ~3,046.~3
Purpose: Mailer
Signed: Chris ~iller, Treasurer
Please forgive the lateness of this Late Contribution ~eport as a check
was made payable to the printer and the filing of the late contribution
was inadvertently not remitted.
1200 Third Avenue, SoJite 700, San Diego, California 92101 (619) 239-3061
1919 Pennsylvania Avenue NW, Suite 300, Washington, DC 20006 (202) 293-2410
;1;"' '1/
~"'
~
~
.'Li."I'.l OAI(j,i'-..A. ...-.; ......'....,
coPY OF lHr'j .O"~ 'N, T M
co'" O~ 1MI!. J-O"~ Wl1M J
"L'" .. . .. --
At-lD FILED __
..........tIII~..-
.... _ of c..r ,*>
S.cr.t.rr Of lit.u
'01"1(.1 ""fOTm O,V'l"\lon
, 0 10. "67
S.,f.m.nto, LA 'Ull.'A,?
Th.. CITy 0' (OUnt)' fll,f"ICI oM ".' ,f .",
_Il~ ...."01'1 th.. (om m il'u I' "'II,at hi, .u
Of'G,,..,1 (I ""PI"i 1'\ drlc:!O\Uf.
sut.m.nu
Form 410
1990
STATEMENT OF ORGANIZATION (RECIPIENT COMMITTEE)
Qn~ /9 ~ (Go".rnm.nt (ode SKtIOftl""O'~'OJ)
IF A.""(I;;ffMr >iT
fNTf.'O NU"'U
(T,~ or 'unt In Ink)
OCT 31 tm
FONG EU. Secr" 01 S
(
FULL NAME O~ COMMITTEE
Citizens for a Strong Chula Vista
STIltUT ADOIl:ESS OF COMM1TTU 110 UIO ,"'Ul
1201f"O ""IThird Avenue 700
MAH.ING A.OORUS (IF OIFFlIUNT) fIl(l AtIO "Mil 101.'0 tOil
A
..c_
92101
COUNTY
San Die 0
..COOt
an
ITAU
0"
'Uf.
OA n QUALIFIED AS COMMITTU CIllO Q.&1 ,a..)
Not Yet Qualified
AM"tQC)( ~..~..
A Faa OFFtClAl. USE OHL y
fO" OFFICIAL uSE ONLY
(619) 239-3061
TlU.ASURER AND OTHER I'IUNOPAL OFFICERS
POSITION ......[ ......"NG ~fS5. " OO'F[ lU N1' T><AH AIOIIt ~[.. OA Y TIME
OOf) PtoIONE NO
TllEASURER Chris ~li ller (619) 239-306
.
1
AIf"'" .oanl 01"04 I In fOTrn. tlO"l OI"I.pptop".r.1) j.t>>"" confInOl.rK)n s;...t1-
II IS 'niIS COMMITTlE CONTllOLLED IV A CANDIDA Tl, OFFICEHOLDER OR ST A Tl MEASURE "OPONENT7 (~~
definItIon and Important .nformatlon on re.erse )
o YES (Complete the follow,ng) EJ NO
. If T>'~ CO....,TTEE IS CONTROUEO'T AN omC[HO,O(R OR" CA/liOlo..Tf. TH[ ........E O' TH[ CONTROuJNG CA/lio.o..Tf OR O.F1C[HO,O[1 THE
ELECT"[ one SOuGHT OR HELO ....0 OISTR>CT "U"IER I' ANT. "UST I[ LISTEO
. If THIS 15" I"LLOT ..LA.5UR[ CO....'TTU CONTROuEO IT MOR[ TH..N ON[ CA/liOlOA.TE. THE ........[ O' [A(>< CONTROLLING c,t...olo..n , If
LlSTEO
. "TH'S co....mu IS CONTRO,LEO'T" STArt ..EASUR[ I'ItOOON[..T. THE ......[ ~ TH[ STArt ..[ASUlU I'ItOPONE"T ..USTl[ USTEO
. " THIS CO....,TTEE ..en JOINTLT WITH ANOTHER CONTROuEO CO....,TTEE. YOU "UST US'T TH[........[ ANO IOfNmlC.lTlON Nu...IfR O' TM[
OTHER CONTROuEO CO.....,TTEE
III IF 'niIS IS A IROAD lASED COMMlmE (I.. definition and important information on ,...erw), AND YOU WISH TO
MAKE CONTllJIUTlONS TO CANDIDATlS IN EXaSS OF 'niE S2,!ieO CONTllJIUTlON UMIT, YOU MUST 04ECK THE lOX
IELOW AND ENTER TWf DA 1t ON OR IEFORE WHI04 'niE COMMlmE QUAURED AS A IROAD lASED POUTlCAL
COMMITTlE. YOU MUST COMPU'Tl 'niIS SKTION ~FOR~ MAKING CONT1lJIUTlONS OVER THE $2.500 UMIT. III the
commlttM " not a br* IwIwd committM. or delft w, to make Contributionl in eaCftS of \he S2,500 limIt, do not
compl~e this M<:tion,)
o THIS COM..mu IS A 'ROAD IASEO POUYlCAl. COMM.mE THE C()MMITTIE OUAUFllOAS" .ROAD .ASEO 1'OUTlCAl. CQUMmn ON OR 'EooRE
(...,1
c,..,)
(",ontll)
.An..dI ~1OtW1 ,nlotm.DOtI on .,.",~t.~ yblrtfld conrtf'llUolOOtt...a.
~.---~
YOU MUST COMI'l..fTE 'niE "'UIRCAT:ON ON 'AGE Z
Fo<,., "'"."...~ _-.d to .... _"-<110 ,ow _ to IN __ ,.,.... Act 0' .,n. _ ..-.".", ...._' "" C......_ """'-,.-
o..lltO...:t'tftt~.'''f'O'''''~ L,
_ ,. pt. If ,;...
"'AMEO"
(0"'''' ,Tl ((
Citizens for a Stronq Chula Vista
.., IS THIS A SPONSORED COMMlmn (Refer to 1M ,n\lru(1,on. on 11'1. re.er~ "de fo' d.f,n,l,on. and rul.. ,egardlng
the Mme of a ~rnored commlll...)
G3 NO
DYES (Provld. name and addr~. of ~nw' If 11'1. com mItt" hal more Ihan one ~n.or, provide 11'1. name and
addt~' of uch ~n.or on an approproal.ly labeled atuchm.nt.)
Nam. of Sponwt:
Addr~. of Sponwr:
V IF I"IUMARJLY FORMED TO SUPPORT OR OPI'OSE SPEOFIC CANDIDATES OR MEASURES. UST SPEOFIC
CANDIDATtS OR MEASURES SUPPORTtD OR OPPOSED
CANOIO..n's N....E...EASU.E.S FUll TITLE SU'I'O.T O'I'OSE 0"'0 SOuGHT O. HELD IT CANDID" TE O. "'EASu.E.S
IOlCLUDlNG '..LlOT NU..IE. O. LETlE. JUJltSOM:TN)N (lncl\lCk> drnnct ""ft'\~', Of)' Of CCkoI"fy as appltf'ab1. )
Ten ~1oore X Chula Vista Citv Council
AtUc~ addItIonal ,nformat,on on approproate/y labeled conllnu,lf,on Iheets
VI COMMlmE'S PRINOPAL ACTIVITY IF NOT SUPPORTING OR OPPOSING SPEOF.C CANDIDA TtS OR MEASURES - ',E"SE
CHECK lOX TO INoon THE COMM1TTU.S I..EVil. 0" ACTl'~ITY 0 CITY 0 COUNTY 0 STATE
N/A
Attac~ add,t,o,..1 Informat,on on appropnat~y labeled con ti""a tion shHts.
VII YOU MUST SPEOFY WHAT DISPOSITION WlU IE MADE OF SURPLUS FUNDS IN THE EVENT OF TERMINATION.
Sur lus funds
'.
~_ an
will be dis osee o. with the then a ~r8~ri .
d
applicable laws.
VPIFlCA TION
.KAVI USIO ..U....SOII..IU _MCl. ......UtGTMlSST..nMlIIT. IKAVI"-OTMI ST..nlft.T AlIOTO TMIIIST 01..... UOWUPGI THI
.,_ no. CO.T ".10 HI.._IS TWJI AJll) cowun.
.OI1Ff UIIOII....... T'f OI.~ UIIDlI TNII.AWS 01 TNI ST..n 01 ~1-lll11~~_1S Tall AIIOtoDIt'T.
IllltunOON 10/31/'l.o"J San Dieco. CA IT ?K- tI':;::?!:f:~
Din) - ""AIIlID"AUI / ....'_OJ.......~
UI(unOON ..T IT
e,t.TU tCJT'fAIIIDI1ATI)
!CUTIO 0," ..T IT
"'''' IOn ..... I'" tl)
UICUTED ON ..T IT
...'" 10'" AIIlIDSf&lll
......T~CIJ(~~n ClJfotCIMClLDI.0II'Ta11.......,..~""'."
~T~OJCQII't~~TI CIJ'G.o..DUQIII'T:n_A~~..n
......T' . OJ ~ c.umoa.'l. OHCI~. QII ftan.......... ....o.I..n
~1J
- 2 -
California
Fair Political
Practices Commission
R~r"=:'.\/m~:"/~'J
'91 Jl 32"9~ S; ~.t~ -1
July 3, 1991
CITY:, CI':'T \,:
CITY." Cr1' :;_:
^ -, ~5
.\.... -'
Chl'is Miller
Miller/RooS and company
1200 Third Avenue, Suite 700
San Diego, CA 92101
Dear Mr. Miller:
We have received your request on behalf of citizens for a
Strong Chula vista, for Commission authorization to use a computer
gene=ated format for campaign statement Form 420, Summary Page and
S=hedules A, C, E and G. Your proposed format is APPROVED. In
or~c= to provide verification to your filing officers, a copy of
this letter should be attached to every campaign statement filed
by the committee.
commission authorizati~n for use of a computer generated
fo=mat for campaign st3tement pages is limited by the following:
Only the computer format in the sample schedule(s) submitted
are authorized f~r use hy your comr..ittee. If you wish to use
a computer generated fo~at for any other schedule, it must
also be submitted for authorization.
Any substantive changes to the format of a previously
approved schedule must be resubmitted for authorization
before it can be used.
The committee is still responsible for ensuring that its
system correctly accounts for and accurately processes all
information required by the Political Reform Act. Commission
approval does not relieve the committee treasurer of his or
her duties under the Act to maintain d~tailed accounts and to
verify and sign campaign statements.
An annual review of your computer program should be conducted
t~ ensure that all chanues to the Political Reform Act and
co~~ission regulations are incorporated.
If you have any questions please call me at (916) 322-5662.
Sincerely,
/! t
~1~ 7J(. ~~
Kim M. ~aylor /
Staff Services AnalYGt
T~;hnical Assistance &
An~lysis Division
428 J Street, Suite 800 . P.O. BOll 807 ·
Sacramento CA 95804..0807 . (916}322-56o('
pF .{If
~
.' -::
~. .'
STATEMENT OF TERMINATION
Thl' form must b<< compl.t.d by candldat.'. o/f,c.hold." Ot
r~lp'.nt commi\tu, that wIsh to t.rmlnat. pursuant to
Gov.rnm.nt Cod. ~tlon 842t4
(T,,. 01 "'fIIl In AnA)
Form .15
1990
IRECIPIENT COMMITIEE TERMINATION
A
.011 QUI(.'&\ uw. ClJIk..
COMMITTUS FILl ()fo'G'NAl. "'NDONI CO~Y OF THIHORM WITH THISICIUTARY OF sr..TI....D.1f ..""C....'I... CO" WITH THI 'OC", FIL'''G OHICI
[11. "AU
",.-
..... (Ckolt......c.u ..........
....MI OF co....,nu
Citizens for a Stron
ADOIUSS OF COMMlnu.
1200 Third Avenue, Suite 700
.......1 OF TUASUIU R
Chris Miller
I'(RMAHI"T ADOIII5S Of TRIASURIR ., _ .....,
1200 Third Avenue Suite 700
HflCTlvl 0" TI Of TUMI.... TION
Chula
110 ..., UflU 1
ta
San Dieqo CA
92101
(619) 239-3061
(If' U.alt
",,-
...... (~T ,..( ~ -.....
San Die
VERIFICATION
I H"VI USlD "LL IIASOtOUU DlUGI..CI '" 1'll1'..IlI..G THIS STATlMI..T TH'S co......nll H"S CUSlD TO 1I01V1 CO..UIIUTIO..S A..D
.....111 IJt'IIliOf'T\JIU, OOES NOT ANT.oI'A TI aIClIV""G cONn..unOtd 01 II'''' ,..INTS Of OUTST"'NCH.HG LOANS YADl TO OTHUlS 01 ...",,.
OTHU RIOII'TS 011 .....ING IUI..OOTURIS IN THI FUTUR!. H"S I....'..ATID 00 H"S DlWRID TH..T IT H"S ..0 INTI..TIO" 00 "IIUn TO
DlSCHARGI ..u DilTS. LO....S RICIIVID ....0 OTHER DILIGATIO..S. HAS ..0 SUIlP\.US FU..DS. ....0 HAS flUD AU. CA......,G.. STATIMI..TS
IIQUIllID BY THII'OUTICAL IIFOIM ACT DlSC40SING AU lll'OUUU TU..S"CTIO..S
I ORTlfY u..DER I'(....L n Of '1IUUOY U..DER THI .....wS OF THt STA TI OF CAUfOlJOI" TH
IXICUllD ON 7/31/91 ..T San Die9O. C'.A IY
ClAlll tcJ',AIIClU"UI
IXICUllD ON ..T IY
~'1I toTT AICl nAul
IXICUllD ON ..T IY
....Ul IOn ""'UTlI
IXICUTlD ON ..T IY
~nl to" AICI $lUll
fWoAA'.... Of CC)lrtlllQ ~"CMIDID"Tl.OUClNQt.Ol.Olln"l( ..u~ ~"11
""-"A'''' Of COlItTIlCLI.... (A1lICIOA1( OfltCIfIG.CUOI n.." wl.a\ol.Mt ~"'1
~IUllll Of '0.110.1.-.(, ~'f.Of-..a...o.~.0I11.'IIIIl"~ ~.f)
I
I
CANDID..TES ....0 OFFiClHOLDIRS fiLl..... OlllG'o.w. Of THIS FORM WITH THI FILl"'" OFFICIR WITH WHOM THIY filE THI OR'GII<Al.S OF THEIR CA"''',G'
ST"TI..INTS
CANDIDATE/OFFICEHOLDER TERMINATION
.......1 Of CANDID" TE OR OFflCIHO'DIO
OfFtCf SOU~MT OR MhO ~1,IQt ~OUhQ..
.lWIEIc:el.,.......II~1
IIISIDl..TlAl. OR IUSINESS ADORESS,
IIOAIIID'l.11
,..,
lTAU
",COD<
... rftN~ IIWM......
EfflCTIVI D"TE Of TIRM'....TION.
VERI FICA nON
I !lAVI USID AU. ."5OIIAIlI DUGlMCl . ....~.._G TIllS nUUIUIT. IIIAVE aUlD TO UOIVI C~S ..ND....lI
lUUIDITUllU, DO I60T ~..n ualVWG COOl~S CIa U'UIMNU Of OUTSTAJUleIG Lo....SIIADI TO OTHIIS CIa ANY OTHU
ualrTs CIa ""'lUNG IJU'tMDlTUIU . TNI NTUU, HAVI 1~"TlD CIa IIAVIDlQAAlD THAT 'HAVI 110 IlTINTION 01 ..IILITY TO
0lICKA1IGI AU. Dlln. Lo....S UOIVID A.o OTNII OIUGA T1OlIIS, HAVlIIO WllPI.US FUIlOS; A.o HAVI PUO AU. CAWAIGIl sr.. TU.INTS
UQulND IY TMll'OUTICAI. U'OIIM ..CT IllSO. Ot",e; AU. IlI'OllT ".1.1 TUNMCTlOIlS.
lalT1fY UllDII,.IIIALTY Of ,..,UlY UltDII T..I LAWS Of THI nUl Of CAU'OIM.... TIlATTHI fOIUGOlNGIS T'IIUIAaDCOUICT,
UICUTlDON..T IY
CoAlll
1'1" ....cn.'ll
~'.. :at UoIIOIOAT. OIl Of.lCI.l'ICkOl~
NOTI, ADDITIONAl. fll.ING OILIGATIONS 1M" IE '''CUIIRID If .. CANDIO..TI 01 COM"'HU 1i,,'''S IUL'SING OR S~ENDING FUNDS 00
IUCIIV~S THI FOllGIVI..I5S Of" LO..... OIIII'AYMINTS Of lO.....S MA:>E TO OTHI~ OII.u.y OTHlllUC :'TS
FOI""01AU.TIO.V IESVIlIED TO IE "'OIllDED TO YOV I'V/tSVAOIT TO THE INFO""~TIO 1'flJlCTICfS ICT Of Ifn .:.EI INFOIAU. TION "'.0 "'VAl ON
GAAI'AIGN OISaOWI ,..Ovr5lOlVS 01 THI ~L/TlCAl 11101", ACT .
K~
&
COVER PAGE 3
NON-CONTROLLED REOPlENT COMMITTEE PRIMARIL V
FORMED TO SUPPORT OR OPPOSE SPECIFIC
CANDIDATES OR OFFICEHOLDERS
(Gov.rnm.nt Cod. S.CI,oni 1I420G-1I42' 6 5)
FORM .20 (T)'~ or Print in Ink)
1990 St.t.m.nt co.." ~riod 1/1/91 through 6/30/91
CHICK 0"1 Of THE fOLLOWING lOllS TO IIOOtCATl THE TYPI Of $lAn"E"T llIIOG flllD'
O 0 su",t"'ENT.., PRE.HECTION SUll...ENT ("
==:. ..RE.ELECTION SlAiEME NT "lIn; I Supple"'."'''! Pf..E~.on St,t,,,,,nt.
I ~ SfMI.ANNUAL STATEMENT r::: ...."'n complet' Form .9S ,nd,Men 11 tc
--rJ TIa.MINATION STATEMENT 1 n IllUt,"""'t,1
ATt.ch. For~ ., ~ to thl' Form .20 S'ECIAl OOD.YEAIIt CAMPAIGN REPOn
~.,..
.. -..
. ,
.' :..:~
,
., .-
PAGE-1:- OF 2-
OfFICIA\. USE ONt. y
IMPORTANT
IEFORE COMPLEilNG FORM .20. REFER TO THE INFORMATION SHEFf AT THE FRONT OF THE FORM TO DEnRMINE WHICH
COVER SHEET AND WHICH SCHEDULES ARE APl'UCABLE TO YOUR COMMITTtE.
L 0 NUMBER
.......E Of CO...""nEE
Citizens for a Stron Chu1a vista
ADDRESS Of COMMI"EE 110 ..".O\lIUI1 (IT"
1200 Third Avenue Suite 700 San Die 0
....ME Of lRLA.$URiR
Chris Mi 11er
903194
CA
.. CDOt
92101
lTAlI
'ERMANENT ADDRESS Of TREASURER
folO 6"'0 \ll,\{'
e.l'
\1&tl
","COOl
alUa. COOt ~..T,"'I-o..( ..1,1....
IS THIS" SPONSOR-10 COMMITTEE' (SoH d~tlnrtlon on 'ewer",)
DATE OF U.EC'TION(MO. O.y."'r; (II ,ppl",CI.
11/7/90
DYES
121 NO
CANDIDA TE(5) OR OFFICEHOLDER (5) FOR WHICH THIS COMMITTEE 15 PRIMARIL V FORMED
NAME OF CANDIDATEtSl 01'< OffICEH01.DERtSI CHE CK ONE OfFICE SOUGHT
01'< HE"D
SUOOO'" 0H0Sl
An.d\ afiditiQftlf infonn.tion on .p.propryr.ty IIklfod COI'ItintaUOtl s"-Hu
VERI FICA TlON
I HAVE usm ALL REASONABLE DILIGENCE IN PREPARING THIS STATEMENT I HAVE REVIEWED THE STATEMENT
AND TO THE BEST OF MY KNOWLEDGE THE INFORMATION CONTAINED HEREIN AND IN THE ATTACHED
SCHEDULES IS TRUE AND COMPLETE
I CERTIFY UNDER PENALTY OF PERJURV UNDER THE LAWS OF THE STATE OF CAliFORNIA THAT THE FOREGOING
IS TRUE AND CORRECT.
llECUTEDON 7/31/91 ..T San Dieco. CA
1DoI-1Ij ton UICllUlIl
~/~/~
~'..., 01 'IlIAkIN'"
IY
EXECUTEO ON
..T
IT
~1~ OJ .'oI'OfIo~1 OJ'ItJ. "1I'OfIl\lND)
&\All!
IOn AAO \IAlIl
'QII fItfIo-.....,000.,r>JII4/0 10. M(WK)IO'O '0I.i,..".~1 10'" rAlO-W"'OOo~6C'7C)j "7'. W, f!!1l!....'.,...........1 DJroc.-...."'Dl'\CJ.OiV"f
...O~ OJ rloH IIOtllJCAa .'011I110 ..C- {,
..;+yf,
SUIlIlARY PAGE
FORIl 420
(ltolltl II' I, 10110.0 To 1101, ~lllrll
11101 emlom 01 Olllel IOLm iIC roITiOLLIO COIIITTlI.
iT' !Oi IITWI: CIOLI liST!
:o~rRIBUTIORS RECEIVED
). Imt", ttltrillt10~1..........
1. LoUI .."i..o..................
COLOU 1
Culllti.. lotI I
frOl ,ruiou ,er1oc11
1 1.10
1 1.10
1 1.10
LI... 1 I I
1 ...0
1 1.00
LlIn I I ,
I. 10000m em UCIIPTS..........
I. Iol-to"t.,.! c"'trilltiOll......
!. TOW com IUTIOIS IlnOOT
DroiClULI MIIl!............
i. bforclult 'rolilll(h"pt liu
fllrutlll, II! Ii" 1111101 ..
T. TOfU COI!IIIUTIOIS.............
1 1.10
1 1.10
Lml I I i
,XPENDITURES IlADE
I. h,lIItl. ................ .......
,. Lout hd.......................
10. 10mTlL.......................
I], lcmld ttpnmru'lld bllhl.
12. TOTAL llmmom.".........
I 0,00
I 0.00
I o,oe
LlIn I I !
I o.oe
1 0,00
Lml 10 I 11
COLOIII
Totll tlil rlriOO rrol
altldocllc Mlln
I '.10
ItltdlJ. 1, Lll. I
1 1.00
IcllGIlI I, LIII T
1 UO
LlIII II I
1 UO
SCIIGIJI C, Ll11 I
I 1.00
LUll I II
1 "'0
IcltdlJI O. Ll11 T
I 1.00
LI... I I i
I llUI
1,lldll. I, LlI' I
I o.oe
Sel.dl I, II, Lm T
I "Lll
Lu.. I I !
I 0,00
Sclldll. I, Lm I
I "Ul
LUll 10. II
PAGE 2 OF 3
1T111I11T COllIS 111100
IIDI i MUG!
,
111111'1 . lillO/'1
II.I, 101m
101114
COLOII e
Cull&li" to Olt.
(Cllluu II II
1 1.00
1 1.00
1 1.00
Lun I I I
1 1.10
1 I.OU
illn I I ,
1 1.10
1 0.00
LlIn I I i
I W.31
I 0,00
I 19U1
Lun I . I
I o,oe
I I'UI
Llln 10 . II
(IlOlld Iq..: Lm II
Col~" A + I)
.U ftll II YlD nan UPOn nUll ~ YlD c.u.Dl>d TI&I. all.ll8l A 80IlUl II IUU
IZCIPT roa ~J"S z.... AM>> 11(1' applicable).
STATEMENT or CHANCES XN rXNAMCXAL CONDXTXON
Cash on hand at the beginning of this period. (Enter aaount from
Summary Page, Line 17, from previous statement filed. )..... S 397.37
Cash receipts this period (Line 3, Column B above)......... 0,00
Miscellaneous increases to cash (Schedule G, Line 4)....... 0,00
Cash payments this period (Line 10, Column B above)........ 397.37
Cash on hand at end of reporting period (Lines 13 + 14 + 15 - 16 above) S P. PR
(if this is a Termination Statement, Line 17 .uat be Zero)............... bOlll cui 01 .; I 0"0
lot k I "IItl" lIout
lB. Amount of loan guarantees received (Schedule B, Part 1, Column (b))..... S 0.00
19. Cash equivalents(other assets held including outstanding loans .ade to others).
I.portant: See instructions on rever.e...... S 0.00
20. Outstanding debts (Lines 2 + line 11 of Colu.n C above)................. S 0,00
13.
14.
15.
16.
17.
BIJIlMARY FOR CAllDIDATES IN BOTH A JUNE AKD WOVDIBER ILEcrION (See In.truction. on Jenne)
21. CONTRIBUTIONS RECEIVED:
?~ EXPENDITURES MADE:
~
..)Jt- 'I?
PAGE 3 OF 3
SCHEDULE E
PAYMENTS AND CONTRIBUTIONS (OTHER THAN LOANS) MADE
FORM 420
State.ent
Pro.
01/01/91
(A.ounts May be Rounded To Whole Dollars)
Covers Period
Through
06/30/91
CITIZENS FOR A STRONG CHULA VISTA
I. D. Nu.ber (
------------------------------------------------------------------------------
803194
------------------------------------------------------------------------------
CODES FOR CLASSIFYING EXPENDITURES
If one of the following codes is used to describe the expenditure, no written
description is needed. (Note exceptions on the back of this schedule for codes
"C", "I" AND "T".) Refer to the back of this schedule and the back of page 12
for detailed explanations of each category.
"C"-MONETARY . IN-UNO CONTRIBUTIONS
TO OTHER CANDIDATES OR COMMITTEES
"I"-INDEPENDENT EXPENDITURES TO SUPPORT OR
OPPOSE OTHER CANDIDATES OR MEASURES
"L"-LITERATURE
"B"-BROADCAST ADVERTISING
"f;"-NEWSPAPER AND PERIODICAL ADVERTISING
"O"-oUTSIDE ADVERTISING
"S"-SURVEYS SIGNATURE GATHERING
DOOR-TO-DOOR
"F"-ruNDRASING EVENTS
"G"-GENERAL OPERATIONS AND OVERHEAD
"T"-TRAVEL, ACCOMMODATIONS AND MEALS
"P"-PROFESSIONAL MANAGEMENT AND
CONSULTING SERVICES
If one of the above codes does not acurately or fully describe the expenditure
leave the "Code" colulln blank and provide a written description in the
"Description of pay.ent" colu.n.
IMPORTANT: Do not itellize the pay.ent of accrued expenses on Schedule E,
Report only the lu.p SUIl of these pay.ents on Line 4 of the Su..ary section below.
: NAME' ADD:
:CODE OR DESCRIPTION:
:AMNT:
Miller/Roos . Co.
1200 Third Avenue, Suite 700
San Diego, CA 92101
Professional Services
------------------------------------------------------------------------------
$ 397.37
==============================================================================
==============================================================================
SUBTOTAL THIS PAGE:
SUMMARY
1. PAYMENTS OF $100 OR MORE MADE THIS PERIOD
(Include all Schedule E subtotals)
2. PAYMENTS UNDER $100 THIS PERIOD (NOT ITEMIZED)
3. TOTAL INTEREST PAID THIS PERIOD ON OUTSTANDING LOANS
(Schedule B, Part 2, Colu.n(d))
4. TOTAL ACCRUED Ei.PENSES PAID THIS PERIOD(Not Ite.iled)
(Schedule F, L~ne 4)
5. TOTAL PAYMENTS THI~ PERIOD(Line 1+2+3+4) Fnter here .nd
on Line 8, Colu.n B of Su..ary Page A-1 Y
S 397.37
S
$
397.37
0.00
s
0.00
$
0.00
s
397.37
@Y...
~. ...~~
. ..
FORM .20
'''0
COVER PAGE)
NON-CONTROllED REOPlENT COMMITTEE PRIMARIL Y ,e,a.!jf 1 0' 6
fORMED TO SUPPORT OR 0P90SESPECIFIC REC IVt:.u - ,-
CANDIDATES OR OfFlCEHOLOERS
(Government Code Sect.on' 64200-642' 6 5)
(Type or Print in Ink) '91 FEE 4 mO:1 3
Statement cover, period 1/1/90 t/'ltough 12/31/90
CHIC" ONE Of THI fOLLOWING lOllS TO INDICATl TH( "'1 Of UAU..INY lUNG fllIO: I ;
D D Su'''IMINTAl 'R(.IlICTIONSTA,no.l""l~:
PlU-(LI('TION STATEMENT tlllne _ Suppl'''"tnt.I..,.-E~C'llon StAY..rn.nt. -
SEMI,ANNUAl STATEMENT yo..i "'wit com~tt. Fo,m .95.nd .N'~ It to
"'tt Nt,mtnt.)
TERMINATION STATEMENT
An.'.... a fo'''' "'S to I""" FOfm .20 SPECIAL OOO.Y(A. CAMPAIGN IUPORT
OffiCiAL USE ONI. y
IMPORTANT
IEFORE COMPLrTlNG FORM .20. REFER TO THE INFORMATION SHEET AT THE FRONT OF nlE FORM TO DETERMINE WHIQ-
COVER SHEET AND WHICH SCHEDULES ARE AP9UCAILE TO YOUR COM MimE.
10 NUMBER
NAME OF COMMIT'TH
Citizens for a Stron Chula Vista
AOORESS OF COMMITTEE If() .,.OU.,P
1200 Th i ,d Ave:1Ue Sui te 700
NAME Of TREASuRER
903194
"..
,u.n
San Dieoo
c.t.,
"'COOt
92101
alt.l.. COOV.",QItIlI "\,1M'
19 239-3061
PElltMANENi ADDRESS Of TREASURER ..O."'Cl\TII.1f'
1200 Third Avenue Suite 700
IS THIS A SPOJtr;SORfO COMMlnE.["I (SH dftlnttton on '.v.rM)
'In
\,..n
ll' (OOi
".1_ (OOttJ".I..., -O"ot "v".
San Die 0
CA
92101
(619) 239-3061
DATE OF E.l..EC'llON (MO Oil, ""'. (if .,,:>"~O
DYES
[2l NO
11 /7 /90
CAND'OA TEeS) OR OFFICEHOLDER (5) FOR WHICH THIS COMMITTEE IS PRIMUIL Y FORMEO
NA..E OF CANDIDATEIS} ()A OHICEHOLDERIS} CHEC>< ONE OFFICE SOUG~T
()A "EcD
-, OH'OS<
.trvdt additioMl ;"t~tiorl Ott approp'''I~jy ~..IH conclnulLion JAHu..
VERIFICATION
I HAVE USED All IlEASONABLE DILIGENCE IN PREPARING THIS STATEMENT, I HAVE REVIEWED THE STATEMENT
AND TO THE lEST OF MY KNOWLEDGE THE INfORMATION CONTAINED HEREIN AND IN THE ATTACHED
SCHEDULES 15 TRUE AND COMPLETE
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAm OF THE STATE OF CALIFORNIA THAT THE FOREGOING
IS TRUE AND CORRECT. .
IY ~~/~--:L
EXECUTED ON
1/31/91
......'u
AT
c;;:In Diepo fA
ton ....1.....'11
UECUTEDON
AT
I'
'!WOU'''''' Of .VI'QIIt,,*1 Qt.",. If lI'ONWfU?1
"'11
to'" AICI .,all'
'OlI..,()lt....rlO'r.~C '0. NO.cwD'O .,ou...-s~t,O'" "C)M&.A,o.-...cnaJM:701 "" ..'.OMf.'GIto....... Glt.lCAIH..""'Dri(.jm~f
~OI""'IOf."ICAI.'OIIAll"Cl ~
. .,urr?
PAGE 2
OF 6
FORM 420 SlATEMENl COvERS 'ERIOO
FROM I tMRouG~
1/1 /90 12131/9'
NAME OJ. COMMliTH 10 NUMBlJl
Citizens for a StronQ Chula Vista 903194
N.6.ME OJ. CANDIDATE Olll OfflC(HOLDEIl: AND OffiCE CM(CK ONE AMOUN' CUMUL,..6.TIVE
DAn 'NO OR NAME o~ MEASURE AND 'ALLOT NUMBER OR LETHA THIS 'ERIOO .AMOuNTS
(XF' . OR NAME Of COMMlnu If OHolER THAN CANDIDATE, TO 0.6.1'[
OHIClHOLDEfIl OR MEASURE COMMlnu -, -'l"
CALENDAR yEAR
S 3,046.63
Len Noore/Chula Vista City Counc i 1
11/2/90 X Payment to Western Graphics-SClI. E X 3,046.63
CA~E""OAA YEAR
S
CA~E"...:;;","C; Yt..~,
S
CAJ.ENOAR YEAR
S
c.A.l.ENOAR YEAR
S
CAI.E~OAA YEAR
S
CM.ENOAR YEAR
S
CAlINDAR YEAR
S
NON-CANDIDATE ACCOUNT
ALLOCATION PAGE
'An .ind~~nd~nt ~.~nditur~. IS an ~.~ndltur~ which is not mad~ at the ~hen. und~r tN control or at the dir.ctlon
of. in _oo~ratlon. con5ul'atlon. coord't'\At,on. or conc.n with. cr with W .ppro.al of. tN CAnc:dat~ or commlnH on
whon ~half it is maJ~
iI-.>t:7
,.AGE
3
OF-L-
NON.CANDIDATE ACCOUNT SUMMARY PAGE S'TAlEMEN' (Ol/['-'S PERIC
FORM 420 FIII:OM TH.OU~~
(Amount. May h Rounded To Whole Dolla,,) 111/90 12/31/9
~AME OF COMMITTE[ 10 NUMBER
Citizens for a Strono Chula Vista 903194
CO"'U~N A NON-<.ANOIOA TE ACCl COlUMN c:
CONTRIBUTIONS RECEIVED (",""u~t,...t tOLl COLUMN' (wmvlltl.... to G.tt
"om pttYlQu' ~rlOCl' Tot.1 tt'lt't:flod trom (COIUm", A . I)
.Nch. KheClul.,
, Mon~tary contrlbutlOnr. S -O- S 3,794,00 S 3,794.00
W::",DIJ~I Ii. ~... J
2 Loans r.cel\fed -0- -0- -0-
",""Oud. ",ifill 1
3 SUBTOTAL CASH RECEIPTS S -O- S 3,794.00 S 3,794.00
",."., ",..Ul.' ~ "'! ~ ' . 1
4 Non.monetary contributions -0- -0- -0-
KMlDvu C. U"I J
S TOTAL CONTRIBUTIONS WITHOUT -0- 3,794.00
ENFORCEABLE PROMISES 3,794.00
l"U) .. .......u... ....0]..
6 Enforceable Prom,se, (Except loan
guarantee,. see Line lB below) -0- -0- -0-
"'''101.11.1 C ,I'd 1
7 TOTAL CONTRIBUTIONS S -O- S 3,794.00 S 3,794.00
..... ~ ~ . . ....11\.. .''''1"..
EXPENDITURES MADE I~O".:.tC".. ...u'
(O,u.....\.. . .'
8 Paymentl S -O- S 3,396.63 S 3,396.63
"'..IO",l! t .1....1 ,
9 loans Made -0- -0; -0-
"'..lO...lU.Ufll1
.0 SUBTOTAL -0- 3,396.63 3,396.63
UJil(II.' ",..nl. , L '''I ~. . ,
11 Accrued expense' (unpaid bdls) -0- -0- -0-
IiCJoIIOU\f '.,,*,1 S
12 TOTAL EXPENDITURES S -O- S 3,396.63 S 3,396.63
UfI(~ .. . 11 ~"B 10. II L-"\ 10_ 11
It.o.O...u,O IOua. UI'iII ':l
"IF THIS IS THE FIRST REPORT FIUD FOR THE CAUNDAR YEAR. COLUMN A SHOULD BE BLANK cO\.........~.. . 't
EXaPT FOR UNES 2. 5.' AND ", if .ppli~ble.
13
STATEMENT OF CHANGES IN FINANCIAL CON0lT10N
Ush on h.nd .t the beginnIng of thll period (Enter .mount from S
Summary Page L,ne 17 from pre.,ous satement fil~.)....,
ush receiptl this period (LIne 3. Column B .bo.e) ,
Miscell.neous incruses to c.sh ISch~ule G. Line 4)
ush paymenU th" period (Line 10. Column B .bo.e) ,
ush on h.nd.t end ofreporting period (Lines 13 + ,. + 15.16 .bove)
(If thiS iu Temunation St.tement, Line 17 must be Zero.). . . ....... ... .. .. ............. . ..
Amount of lo.n gu.r.ntees re<eillfd (Schedule B, P.rt I. Column (b)) , . . . . . . . . . . . . . . . . . . . . .
ush equiv.lenu (ot....r .sseu ....Id including ouutanding lOins m.de to OW,.).
Important: See instructions on reverse. , . . ' , , , . . . . . . . . , . . . . . . . . . . . . . . . . . . , . . . . . . . , . . . , , .
Outstanding debts (Line 2 + Line 11 of Column C .bove) . . , . . , , . . . . . . .
-0-
-0-
-0-
3,794.00
-0-
3,396.63
14
15
16
17
S 397.37
I..o-.G ""~ e: ""'''0 \..o....~c
1101'" &_"6- ,.",1.....01,1...
lB.
19
20
,_"'" fOIl "OH-<OHTaOUIO COMMmUS _..... 1 fOlUolID 10 5UI'POlIT OIl llf'POSI "'''DlDATU .. .DTH .. IU"I ""0 "DVUdU IUCTIO" (S.
rstructions or ?f.-nrs.) 1/1 Tilt... T
21, C(l"lTRIBUTI?NS IlECEIVED:
22 EXPENDITUIIES MADE:
I
r_l!!it".
.. v.. v
SCHEDULE A
MONETARY CONTRIBTUIONS RECEIVED
FORM 420
(~ountB May Be Rounded To Whole DollarB)
State.ent
Fro.
070190
Coven Period
Through
123190
------------------------------------------------------------------------------------------------
1. D. Nu.ber (
903194
CITIZENS FOR A STRONG CHULA VISTA
---------------------------------------------------------------------------------------------
Date
Rec'd
Cu..
A.ount
N..e and AddreBs
of Contributor
Occupation
E.ployer
~ount
Received
.------------------------------------------------------------------------------------------------
110290
Chula Vista Marina/RV Park
1060 Eight Ave., Ste. 405
San Diego, CA 92101
N/A
N/A
250,00 CALENDAR YEAF
250.0C
-------------
FI SCAL YEAR:
250.00
~------------------------------------------------------------------------------------------------
110290
Dick Kau Land Co.pany
3404 Bonita Rd.
Chula Vista, CA 92010
N/A
N/A
200.00 CALENDAR YEJJ
200.0C
-------------
FISCAL YEAR:
200.00
------------------------------------------------------------------------------------------------.
110290
Iwashita Properties
769 Glover Ave.
Chula Vista, CA 92010
N/A
N/A
100.00 CALENDAR YE~
100.0{
-------------
FI SCAl YEAR:
100.00
-------------------------------------------------------------------------------------------------
110190
Frederic Jack Liebau
665 Canterbury Rd.
San Marino, CA 91108
Info. Requested
Info. Requested
950.00 CALENDAR
950.01
-------------
FI SCAl YEAR:
950.00
------------------------------------------------------------------------------------------------.
Sub Total: S 1,500.00
S\OOlARY
(1) AMOUNT RECEIVED - CONTRIBUTIONS OF S100 OR MORE
(Include all Schedule A Bubtotals)....................................... a 3,200.00
(2) AMOUNT RECEIVED-CONTRIBUTIONS OF LESS THAN al00(Not ite.ized)............ a 5~4.00
(3) TOTAL MONETARY CONTRIBUTIONS THIS PERIOD
(Line 1 + Line 2) Enter here and on Line 1, Colu.n B of Su..ary Page.,... a 3,794.00
(,
~.f;L
SCHEDULE A
MONETARY CONTRIBTUIONS RECEIVED
(CONTINUATION SHEET)
FORM 420
(Allounts May Be Rounded To Whole Dollars)
Page:
~ of 6
Statellent
FrOB
070190
Covers Period
Through
123190
--------------------------------------------------------------------------------------------.----.
CITIZENS FOR A STRONG CHULA VISTA
I.D. NUllber (
903194
)
-------------------------------------------------------------------------------------------------
Date
Rec'd
Occupation
Ellployer
Allount
Re.::eived
CUll.
Mount
-------------------------------------------------------------------------------------------------
liue and Address
of Contributor
110290
Malcolll for Council
625 3rd Ave.
Chula Vista, CA 92010
N/A
Ii/A
500.00 CALENDAR YE~
500.01
FISCAL YEAR:
500.00
------------------------------------------------------------------------------------------------
110290
Robert Penner
681 Third Ave.
Chula Vista, CA 92010
Eye Doctor 250.00 CALENDAR YEA
Eye Physicians Medical Surgic 250.0
FISCAL YEAR:
250.00
------------------------------------------------------------------------------------------------
110290
Shinohara Farms
4705 Otay Valley Road
Chula Vista, CA 92011
N/A
N/A
200.00 CALENDAR YEA
200.0
FI SCAL YEAR:
200.00
------------------------------------------------------------------------------------------------
11 0290
The Phair Company
145 Willow St., Ste. 200
Bonita, CA 92002
N/A
N/A
250.00 CALENDAR YEA
250.0
FISCAL YEAR:
250.00
------------------------------------------------------------------------------------------------
110290
Toki Yano Realty, Inc.
234-A Third Ave.
Chula Viata, CA 92010
N/A
N/A
200.00 CALENDAR YEA
200.0
FISCAL YEAR:
200.0C
------------------------------------------------------------------------------------------------
110290
Wilaon and Cox Insurance Agency N/A
249 E Street N/A
Chula Vista, CA 92010
300.00 CALENDAR YEA
300.0
FI SCAL YEAR:
300.0C
------------------------------------------------------------------------------------------------
Sub Total: S 1,700.00
~
~f)
BCHEDULE E
PAYMENTS AND CONTRIBUTIONS (OTHER THAN LOANS) MADE
FORM 420
PAGE 6 OF 6
(ABounts May be Rounded To Whole Dollars)
8tatl'Bent
From
01/01/90
Covers Period
Throullh
12131/90
------------------------------------------------------------------------------
------------------------------------------------------------------------------
CITIZENS FOR A STRONG CHULA VISTA
J.D. NUBber (
903194
CODES FOR CLASSIFYING EXPENDITURES
If one of the following codes is used to describe the l'xpenditure. no written
description is nel'ded. (Note l'xceptions on the back of this achedule for codes
"C", "I" AND "T".I Refer to the back of this schedule and the back of pa!le 12
for detailed explanations of each category.
"e"-MONETARY I IN-UND CONTRIBUTIONS
TO OTHER CANDIDATES OR COMMITTEES
"I"-INDEPENDENT EXPENDITURES TO SUPPORT OR
OPPOSE OTHER CANDIDATES OR MEASURES
"L"-LITERATURE
"B"-BROADCAST ADVERTISING
"N"-NEliSPAPER AND PERI ODI CAL ADVERTI SI NG
"O"-OUTSIDE ADVERTISING
"S"-SURVEYS SIGriATURE GATHERING
DOOR-TO-DOOR
"F"-FUNDRASING EVENTS
"G"-GENERAL OPERATIONS AND OVERHEAD
"T"-TRAVEL, ACCOMMODATIONS AND MEALS
"P"-PROFESSIONAL MANAGEMENT AND
CONSULTING SERVICES
If one of the above codes does not acurately or fullY describe the expendIture
leave the "Code" coluBn blank and provide a written description in the
"Description of PaYBent" coluBn.
IMPORTANT: Do not itemize the paYBent of accrued expenses on Schedule E.
Report only the lUBp SUB of these payments on Line 4 of the Summary section belo..
------------------------------------------------------------------------------
: NAJIIE I ADD:
:CODE OR DESCRIPTION:
:AMNT:
Western Graphics
1614 Lemon Avenue
LeBon Grove, CA 92045
MAILER
13,046.63
------------------------------------------------------------------------------
Miller/Roes' Co.
1200 Third Avenue, Suite 700
San Diego, CA 92101
Professional Services
. 350.00
------------------------------------------------------------------------------
SUBTOTAL THIS PAGE:
13,396.63
SUM!WlY
}. PAYMENTS OF lIDO OR MORE MADE THIS PERIOD
(Include all Schedule E subtotals) . 3.396.63
2. PAYMENTS UNDER &100 THIS PERIOD (NOT ITEMIZED) . 0.00
3. TOTAL INTEREST PAID THIS PERIOD ON OUTSTANDING LOANS
(Sch~ule B, Part 2, ColuBn(d)) . 0.00
4. TOTAL ACCRUED EXPENSES PAID THIS PERJODINot IteBized)
(Schedule F, Line 4) . 0.00
~ TOTAL PAYMENTS THIS PERIOD(Line 1+2+3+4) int~r here and
on Line 8. Colu_n B of SUBaary Pa,e . 3.H6.63
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March 7, 1995
Memo to Fih.:
Told by Billy Cox that Chula vista police Officers PAC paid for
one-half of a political advertisement for steve Padilla on 11/05/94
at a cost of $920.00. He stated that the other one-half was paid
for by The Chula vista Firefighter's PAC. A Form 461 should have
been filed within 24 hours of the expenditure.
Numerous calls have been made to Keith Reiber in trying to obtain
compliance. His comments were that all paperwork sent to them from
our office had been turned over to their auditor. I requested on
2/28/95 that he have his auditor call me so that this could be
cleared up. As of this date he has not contacted our office.
Mr. Reiber has been told that fines could assessed for non-
compliance.
?
,;sf" 57
January 16, 1995
Richard Kieth Rieber
25323 Kerri Ln.
Ramona, CA 92065
RE: Chula vista Firefighters committee on Political Activity
Dear Mr. Rieber:
It has come to our attention that the Chula vista Firefighters
Committee on POlitical Activity, formed in 1992, is still an active
committee. The Fair Political Practices commission requires bi-
annual filings of all Recipient committees. According to our
records, the Chula vista Firefighters committee on Political
Activity has not filed with our office since organization.
Enclosed you will find a Form 425 - Semi-Annual statement of No
Activity and a Forms 415 and 416 - statement of Termination. If
you are interested in terminating the Committee, please fill out
both forms and send the or ig ina ls to the Secretary of State.
Political Reform Division, with xerox copies to our office. If you
wish to keep the committee active, you are required to fill out the
Form 425 and return it to our office by January 31, 1995. You will
also be required to fill out Form '25 bi-annually until the
committee is terminated.
If you have any questions regarding the forms please contact me at
(619) 691-5041.
Sincerely,
Vicki C. soderquist
Deputy city Clerk
enc.
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Form 420
1982
NAMI: 0" CDMMITT..;
RECIPIENT COMMITTEE
CAMPAIGN STATEMENT
(Government Code Sections 84200-84217\
.j
.'\ 1 ('
1582 ~,~ ]
"./\ 1
^,. I
1.,....', '.:
Cliy ci ~I. ','
,.
'. 9 57
For uit bv reclt),!nt committees whld'l recen" a cumulatl'le
contribution of S100 or more from a Single source.
ITypll or PT,,,, .n Inkl
Stlt.m.nt covers period from 1 -"h~;>
throu!#' 3-:>7-B;:>
I.D_ N~M.II"
,,...,..
Activity
.,. co..
92010
not received
Chu1a Vista Firefi hters Committee on Political
Calif.
714 475 2015
...00",...0" COMM'TT.C, .... ...... .,....,. el"'"
P.O. Box 697 Chula Vista
"'......"... TlII'C."'''C'''
...... c... ....... .........
c;,,....
.,...,..
.0. c...
...... co.. ........ .........
M; ....n'ru~' MC.,..+-m~n
"CJIIMA"'.....T ADO"... 0" T..C....U".,,: .... .... ''1'...'1'
1."ON50".NG O"GA"UZATION (,. .._..'c;......,
-1 -8;:> I
ALLOCATION OF CONTRIBUTIONS ANO EXPENOITURES MAOE TO OR ON BEHALF OF CANOIOATES. OFFICEHOLOEi'lS ANO
MEASURES (Allocate expenditures from Schedules E & F made to or on behalf of a candidate, officeholder or measure. Amounu ~a..,. be
rcunoed off to whole dollars.)
OF FICIAL
uSE QHL Y
C
0
E
F
2010
2
NAME OF CANDIOATE. OR OFFICEHOl..OER AND OFFICE OR
MEASURE AND BALLOT NUMBEFl OR L.ETTER
CUMUL.AiIVE
TO OA TE
.00
s
Moore for Council
Malcolm for Council
x
111.00
333.00
111.0J
333.00
x
I
I I I
I
1 I
I
1
At'tICII MiditlOff" lnfor1Nn'OfI Off .t"oP"'~r I~N cOIInnu,n"" u..a.
VERIFICATION
I declarl under pen.lty of perjury that to the best of my knowledge this stI~mtnt .nd its sd'Iedulll.r. true, corf'1C't and
compllt. and th.t I hav. uRd .11 reMOn.tHe diligtnCI in th.ir preparation. .,
Exocutodon ,3_?R_A? It r.;,,,1,, Vi ..t" r.,,1 by :JJz<~4';/' Jlct-/~.----<1~'
1..,..1 ICITT .... ~.,.:.1 ,......~u.. .. ........u...,
A candidaw or offiC8hold. who controls I committal must llso vlrify the campaign 1tIt,,""t.
I decl.re under ~lltY of perjUry th.t to the best of mv knowltdQl this Itlt,m.nt: Ind its schedul.s ar. tN', correct and
comc:M"1 Ind the trelsurer of ttlis commi"M hiS used III r.ason.ble diligence in the preparatIon of t11is stltement Ind
its schedules.
e....ecutld on
It
bV
t.....Tu.... C.....,...,.... .....c.........,
telTT ..... .,...,..1
l...,..l
For inftHmftloft .....uirld to _~..... yOL: pol........... the I..'_.......n ~ A~ 1177," "lnform.ftIon Menu" on c.mo-tf" Oitdowre ~iUo,..
of me ~n:_ A-'om! Act:' Itwt X. ,c:!J._ ' /'
-1 -.,J17 ".>
~Uc.-.
:~~ --:
~~......~
~~~~
cmOf
(HULA VISTA
OFFICE OF THE CITY CLERK
September 15, 1992
Michael Hartmen
1762 Elmhurst
Chula vista, CA 91910
RE: Chula vista Firefighters committee on Political Activity
Dear Mr. Hartmen:
It has come to our attention that the Chula vista Firefighters
committee on Political Activity, formed in 1982, is still an active
committee. The Fair Political practices commission requires bi-
annual filings of all Recipient t:ommittees. According to our
records, the Chula Vista Firefighters committee on Political
Activity has not filed with our office since 1982.
Enclosed you will find a Form 450 - Recipient Committee Short Form
and a Form 415 - statement of Termination. If you are interested
in terminating the committee, please fill out both forms and send
the originals to the Secretary of state, Political Reform Division,
with xerox copies to our office. I~ you wish to keep the Committee
active, you are required to fill out the Form 450 and return it to
our office within thirty days. You will also be required to fill
out Form 450 bi-annually until the Committee is terminated.
If you have any questions regarding the forms please contact me at
(619) 691-5041.
~n~erelY,
"J ~ ~~~(.\\L,-\
vicki C. SOder~~
Deputy City Clerk
"
PI-I. (,
276 FOURTH AVEICHULA VISTA CALIFORNIA 919101(6191 691.50"
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THIS PAGE BLANK
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);/' 7 i
~{J~
ORDINANCE NO. 2661 O~
<P
..:.,<)
AN ORDINANCE AMENDING THE CAMPAIGN CONT~iBUTIONS
ORDINANCE TO APPLY THE CITY'S CONTRIBUTIONS PJtoHIBITIONS
AND LIMITATIONS TO INDEPENDENT EXPENDITURE'J:OMMITTEES.
,-
,
The City council of the City of Chula3v1sta does ordain as
follows: _~v
~
SECTION I: That Chapter 2.52 of the Chula vista Municipal
Code is hereby amended to read as follows:
sections:
2.52.010
2.52.020
2.52.030
2.52.040
2.52.050
2.52.060
2.52.070
2.52.080
2.52.090
2.52.100
2.52.105
2.52.110
2.52.120
2.52.130
2.52.140
2.52.150
2.52.160
2.52.165
2.52.170
2.52.180
2.52.190
2.52.200
Chapter 2.52
CAMPAIGN CONTRIBUTIONS
Findings.
purpose.
Interpretation of this Ordinance.
Definitions.
Limitation on contributions from Persons.
prohibition of contributions by organizations.
written Solicitations by Candidates.
Returned contributions.
Loans.
Family contributions.
Notice Regarding Personal Funds.
One Campaign Committee and One Checking Account per
Candidate.
Prohibition on Transfers.
contents of city campaign statements.
Duties of Treasurers and candidates.
Duties of city Clerk with Respect to Campaign
Slatements.
Audits.
Disqualification and Disclosure.
criminal sanctions.
Injunctive Relief.
Enforcement.
severability.
2.52.010 Findings.
ex 1ft r3 I T ~
t..
JJi'~ ?.>"
In enacting this ordinance, the city council of the City of
Chula vista finds and declares the following:
A. Moderate monetary contributions to political campaigns are a
legitimate form of participation in the American political
process, but the financial strength of certain individuals or
organizations should not permit them to exercise a
disproportionate or controlling influence on the election of
candidates for City offices.
B. The rapidly increasing costs of political campaigns have
forced many candidates for elective office to raise larger and
larger sums from individuals or interest groups with a
specific financial stake in City matters. This can cause the
public perception that the votes of city council members and
decisions of elected officials are being improperly influenced
by monetary contributions. This perception can undermine the
credibility of the city council and the governmental process.
C. It is the policy of this City to protect the integrity of the
electoral process.
D. The best interests of the citizens of this City are served by
reducing the direct and indirect costs of campaigns.
2.52.020 purpose.
The city council of the city of Chula vista enacts this
ordinance to accomplish the following purposes.
A. To encourage public trust in the electoral and decision-making
processes of the city, and ensure that individuals and
interest groups have a fair and equal opportunity to
participate in the elective and legislative process.
B. To reduce the influence of large contributors with a specific
financial stake in matters before the City, thus countering
the perception that decisions of City officials are influenced
more by the size of contributions than the merits of proposals
or the best interests of the people of the city.
2.52.030 Interpretation of this ordinance.
Unless the term is s,ecifically defined in this ordinance or
the contrary is stated or clearly appears from the context, the
definitions set forth in the political Reform Act of 1974
(Government Code sections 81000 et. seq.) shall govern the
interpretation of this ordinance.
2.52.040 Definitions.
2
/,
),)1- 'l~
A. ..Agent..... For purposes of this section, a person is the
"agent" of the party to, or a participant in, a proceeding
involving a license, permit or other entitlement for use only
if he or she represents that person in connection with the
proceeding involving the license, permit or other entitlement
for use. If an individual acting as an agent is also acting
as an employee or member of a law, architectural, engineering
or consulting firm, or a similar entity or corporation, both
the entity or corporation and the individual are "agents".
B. "Candidate" means a candidate for any City elective office,
the candidate's campaign committee, committee(s) controlled by
the candidate, agents of the candidate, and any person acting
at the behest of a candidate. An incumbent shall be presumed
to be a candidate unless he or she files a written statement
with the city clerk stating that he or she does not intend to
be a candidate for the next election for his or her office.
C. "city Campaign statement" means the statement which, to the
extent practicable, shall be similar to or consolidated with
that required by state law.
D. "City Elective Office" means the offices held by members of
the city council and any other separately elected offices of
the City.
E. "Contributions" are defined in a manner identical with the
definition found in Government Code section 8201~ and any
related provisions in the California Administrative Code,
except that, notwithstanding anything contained herein to the
contrary, a payment by a third party to, or for the benefit
of, a councilperson made and used for the express purpose of
offsetting costs already incurred by that councilperson in the
defense of a criminal or administrative prosecutorial action
against said councilperson, and not made or used for the
purpose of aiding in the election of said councilperson, and
not made within (before or after) 100 days of an election in
which the councilperson is competing for a seat or office,
shall not be deemed to be a contribution for the purposes of
this chapter.
G. "Intermediary" means a person who delivers to a candidate or
committee a contribution from another person unless such
contribution is from the person's employer, immediate family
or an association to which the person belongs. No person who
is the Treasurer of the committee to which the contribution is
made or is the candidate who controls the committee to which
the contribution is made shall be an intermediary for such
contribution.
H.
"organization" means a proprietorship, labor union,
partnership, joint venture, syndicate, business,
firm,
trust,
3
{,
pI~ ? J
company, corporation, association, or committee, including a
political action committee.
I. "Person" means a natural individual.
J. "Political Purpose" means an action by a candidate for the
~urpose of influencing, or attempting to influence, either
directly or indirectly, the actions of the voters for or
against the election of that candidate or any other candidate
for the same City elective office.
lC "state Campaign statement" means an itemized report which is
prepared on a form prescribed by the Fair Political Practices
Commission and which provides the information required by
Chapter 4 of Title 9 of the Government Code.
L. "party" means any person who files an application for or is
the subject of, a proceeding involving a license, permit or
other entitlement for use.
M. "Participant" means any person who is not a party, but who
actively supports or opposes a particular decision ~n a
proceeding involving a license, permit or other entitlement
for use, and who has a financial interest in the decision as
described in Article 1 (commencing with section 87100) of
Chapter 7. A person actively supports or opposes a particular
decision in a proceeding if he or she lobbies in person, the
officers or employees of the City, testifies in person before
the city, or otherwise acts to influence officers of the City.
lL. "Requlated Independent Expenditure Committee" means an
independent expenditure committee as defined in Government
Code sections 82013 and 82031 which supports or opposes in
whole or in part a candidate for citv elective office if
contributions are made to said committee with the intent that
thev. or a comparable amount of funds otherwise owned bv. or
under the control of. the committee be used to support or
oppose a particular candidate for a citv elective office.
2.52.050 Limitation on contributions from Persons.
A. Time Limitation for Making contributions.
No person shall make a contribution to any candidate for City
elective offices or to anv Requlated Independent Expenditure
Commi ttee sooner than eleven months preceding an election
contest but in no event sooner than the date upon which the
holding of the election contest becomes certain, and no such
candidate or such Requlated Independent Expenditure Committee
shall accept from any person, such a contribution.
4 (, .
W' 7 ~
B. Monetary Limitation for Making contributions.
No person shall make to any candidate for city elective of-
fice, or to any Requlated Independent Expenditure Committee
and no such candidate or such Requlated Independent
Expenditure Committee shall accept from any person, a such
contribution or contributions totalling more than $250 for a
single election contest. To the extent federal law prohibits
limitations on expenditures, this ordinance is meant to be
consistent with federal law.
1. Same Day, Same Office, Multiple Election Rule.
For the purposes of this section, multiple elections
scheduled to be held on the same day for the same office,
but for different terms, such as in the case of a special
election to be held to fill a vacancy, and a general
municipal election to be held to fill a full length term,
shall be deemed to be a single election for determining
the monetary limitation. This section is deemed to be
declaratory of existing law, and shall apply to all
contributions received prior to and after the effective
date of this ordinance for if the contribution was
intended to be used in connection with the election
commencing in March, 1996. To the extent that the
operation of this section requires the return of any
contributions in excess of the limitation herein imposed,
the candidate and/or Regulated Independent Expenditure
Committee shall so return such excess contribution.
2.52.060 prohibition of contributions by organizations.
A. Prohibition.
No organization (e.g., corporation, partnership, trust,
association, committee, etc.) shall make a contribution to any
candidate. or to anv Requlated Independent Expenditure
Committee", and no such candidate or Requlated Independent
Expenditure Committee shall accept a contribution from an
organization.
B. Rule of Attribution to Organization.
All contributions made by a person whose contribution activity
is financed, maintained or controlled by an organization or
any other person shall be deemed to be made by that organiza-
tion or other person. If the contribution is deemed made by
an organization, it is prohibited by subdivision A. If deemed
to be made by another person, it shall constitute a contribu-
tion by a "committee" (a form of "organization") and thereby
also is prohibited by subdivision A.
5
(;
/if" ? ,
2.52.070 written solicitations by Candidates.
Any candidate making a written solicitation for a contribution
for his or her campaign for city elective office shall include the
following written notice in no less than ten point type on each
such solicitation:
NOTICE
ordinance No. 2298 of tbe city of Cbula vista
limits contributions to campaiqns for City
elective office. eitber to candidate
controlled committees or to Reaulated
Independent Excenditure Committees. to two
hundred fifty dollars ($250) per contributor.
Wben contributions from an individual
cumulatively amount to $100 or more, tbe
complete name, address, occupation and
employer (or name of business if
self-employed) of eacb donor must be reported
in tbe city campaiqn statement.
2.52.080 Returned contributions.
A contribution shall not be considered to be received if it
has not been negotiated, deposited, or utilized, and is returned to
the donor within ten (10) days of receipt, or no later than the
date on which the candidate is required to file a state or city
campaign statement, whichever date is earlier.
2.52.090 Loans.
A.
A loan shall be considered a contribution from the maker
the guarantor of the loan and shall be subject to
contribution limitations of this ordinance. Loans from
candidate to him or herself shall be subject to
contribution limitations of this ordinance.
and
the
the
the
B. The proceeds of a loan made to a candidate by a commercial
lending institution in the regular course of business on the
same terms available to members of the public and which is
secured or guaranteed personally and solely by the candidate
shall not be subject to the contribution limits of this
ordinance.
c. Extensions of credit, other than loans pursuant to Subse~tion
B, for a period of more than thirty (30) days are subject to
the contribution limits of this ordinance.
2.52.100 Family contributions.
6(,
pf-~t?
A. contributions by a husband and wife shall be treated as
separate contributions and shall not be aggregated where the
checks are drawn separately and signed by the spouse making
the contribution.
B. contributions by children under the age of eighteen (18) shall
be treated as contribution~ by their parents and attributed
proportionately to each parent (one-half to each parent or the
total amount to a single custodial parent).
2.52.105 Notice Regarding Personal Funds.
A. No candidate or other person. includina a Reaulated
Independent Expenditure Committee. shall expend or contribute
more than $5,000 in personal funds in connection with an
election campaign unless and until the following conditions
are met:
1. written notice of the candidate's or other person's
intent to so expend or contribute in excess of $5,000
shall be provided to the city clerk and all opponent
candidates. The notice shall be delivered personally or
sent by registered mail and shall specify the amount
intended to be expended or contributed; and,
2. All personal funds to be expended or contributed by the
candidates shall first be deposited in the candidate's
campaign contribution checking account at least 21 days
before the election. The required notice shall be given
no later than 24 hours after the date of the deposit or
21 days prior to the election whichever occurs first.
B. If sent by mail, the notice to opponent candidates shall be
sent to the last known address of the opponent candidates as
shown in the records of the city clerk.
2.52.110 One campaign Committee and One Checking Account Per
Candidate.
A candidate for city elective office shall have no more than one
campaign committee and one checking account for each election, from
which all contributions shall be accounted for, and out of which
all expenditures shall be made.
A. Same Day, Same Office, Multiple Election Rule.
For the purposes of this section, multiple elections scheduled
to be held on the same day for the same office, but for
different terms (such as in the ca&e of a special election to
be held to fill a vacancy in a Seat, and a general municipal
election to be held to fill a full length term for same Seat)
7t,
PI'!'!
shall be deemed to be a single election for the purposes of
this section.
2.52.120 Prohibition on Transfers.
A. No candidate for City elective office and no Requlated
Independent Expenditure Committee shall make any contribution
from campaign funds intended for one candidate to another
candidate running for City elective office or to a candidate
for a non-City elective office or to another Requlated
independent Expenditure Committee. This section shall not
prohibit a candidate from making a contribution from his or
her own personal funds to his or her candidacy or to the
candidacy of any other candidate for elective office.
B. No candidate or Requlated Independent Expenditure Committee
shall use or transfer contributions received for one campaign
for City elective office to any other campaign by the same
person as a candidate for the same office or any other
elective office consistent with state law, except that a
candidate eligible to compete in a consequent runoff contest
may transfer contributions received for the predecessor
election contest to that candidates campaign committee for the
runoff election contest.
C. The use of any funds which were received prior to January 1,
1989, shall be governed by the Political Reform Act
(Government Code section 81000 et seq.) and any regulations
adopted by the Fair Political Practices Commission pursuant
thereto.
2.52.130 Contents of City Campaign statements.
A.
All City Campaign statements required to
ci ty clerk pursuant to this ordinance
following information:
be filed with the
shall contain the
1.
The information required by Government
and any administrative regulations
thereto; and
2. Any information required by the city clerk.
Code Section 84211
adopted pursuant
B.
All City Campaign statements
city clerk pursuant to this
prescribed by the city clerk.
form should be similar to,
required by state law.
required to be filed with the
ordinance, shall be on a form
To the extent practicable, such
or consolidated with, those
2.52.140 Duties of Treasurers and Candidates.
8 "
H'-~ ;..
All City campaign statements filed under this ordinance shall
be signed under penalty of perjury and verified by both the
candidate and the campaign treasurer. The verification shall state
that the candidate and the campaign treasurer have used all
reasonable diligence in its preparation, and that to the best of
their knowledge it is true and complete.
2.52.150 Duties of City Clerk with Respect to campaign statements.
A. It shall be the duty of the city clerk to determine whether
required City Campaign statements have been filed. The city
clerk is hereby authorized to make that determination only
from facts and information within her knowledge, and is not
required to conduct an investigation to determine whether or
not a candidate has an obligation to file a City campaign
Statement.
B. It shall be the duty of the city clerk to determine whether
City campaign statements filed conform on their face with the
requirements of this ordinance.
C. It shall be the duty of the city clerk to accept for filing
any city campaign statement which this ordinance requires to
be filed. In those cases where the city clerk discovers in
his or her review of City Campaign statements that a candidate
has filed an incorrect, incomplete or illegible statement, or
a statement which cannot be reproduced, he or she shall
promptly notify the candidate of the error or omission.
However, no notification is required in those cases in which
the errors or omissions are minor ones which do not recur
throughout the statement. An error or omission is minor if it
does not result in omission of the amount of an individual
contribution or expenditure. An error or omission in
connection with the identification of a donor or intermediary
is minor if such person is identified by name and either
street address, occupation, employer or principal place of
business. An error or omission in connection with the
identification of the recipient of an expenditure or person
providing consideration for an expenditure is minor if such
person is identified by name.
2.52.160 Audits.
A. The city Finance Director may make, or have made,
investigations or audits with respect to any City campa~gn
statements required by this ordinance, or any campalgn
accounts for city elective office maintained by any candidate,
at any time between the last day for filing a Declaration of
Candidacy for a City elective office and one year following
the date of the election in which a candidate is elected to
that City elective office.
B. Any canC:idate whose campaign statements are subject to an
investi~ation or audit by the City shall provide the Finance
9 ~ j)f.. Y3
Director with all financial records, documents and any other
information or material required by the Finance Director.
2.52.165 Disqualification and Disclosure.
A. Disclosure of Contribution; Limit.
Prior to rendering any decision in a proceeding involving a
license, permit or other entitlement for use pending before
the City, each councilmember who received a campaign
contribution during any campaign for office in the last four
years in an amount of more than one thousand dollars ($1,000)
in the aggregate, from a party, participant, or their agents,
or officers or agents of an organization party or participant,
shall disclose that fact on the record of the proceeding.
B. Disqualification Limit.
C.
D.
E.
No such councilmember shall make, participate in making, or in
any way attempt to use his or her official position to
influence the decision in a proceeding involving a license,
permit, or other entitlement for use pending before the City
if the councilmember has willfully or knowingly received a
contribution in an amount of more than one thousand dollars
($l,OOO) in the aggregate, in any campaign during the last
four years from a party, participant or their agents, or from
officers or agents of an organization party or participant;
provided, however, that the councilmember knows or has reason
to know that the party, participant or other agents or
officers have a financial interest in the decision, as that
term is described with respect to public officials in Article
1 (commencing with section 87100) of Chapter 7 of the
Government Code.
When a councilmember runs for reelection the same disclosure
and disqualification requirements set forth in "A" and "B"
above apply during his or her current term of office for
contributions received towards his or her reelection.
Parties and participants to a proceeding before the city
council involving a license, permit, or other entitlement for
use shall disclose on the record of the proceeding any
contribution in an amount of more than one thousand dollars
($1,000) in the aggregate, made at any time during the prior
four years by the party, participant, their agents, or from
officers or agents of an organization party or participant, to
any city council member.
For the purposes of disclosure and disqualification under
subdivisions Band C, aggregation shall occur regardless of
whether the contribution activity of an organization's
officers and agents is financed, maintained or controlled or
at the behest, consent or encouragement of an organization or
another person or not.
10
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P,yy
F. The provisions of Government Code section 84308, its
implementing regulations, and the administrative
interpretations thereof by the FPPC shall be utilized in
applying the provisions of this section.
2.52.170 Criminal sanctions.
Any knowing or willful violation of any provision of this
chapter may be prosecuted either as an infraction or as a
misdemeanor at the discretion of the prosecutor.
2.52.180 Injunctive Relief.
Any candidate or other resident of the City may bring an
action, at any time, in a court of competent jurisdiction to
enjoin actual or threatened violations or, or to compel compliance
with, or to obtain judicial declarations regarding, the provisions
of this ordinance.
2.52.190 Enforcement.
A. The city Attorney shall not investigate or prosecute any
alleged violations of the chapter, but shall defend the
constitutionality and legality of this chapter in any civil
proceeding in which the city or the city council is a party.
B. Review of complaints of violation of this chapter and criminal
prosecution thereof shall be commenced only by the District
Attorney, unless the District Attorney fails or refuses to
investigate, in which case the special counsel shall be the
Attorney General. However, if the Attorney General shall fail
or refuse to investigate a bona fide allegation of the
violation of this chapter, the special counsel sh~ll be such
other qualified and independent attorney who shall be
appointed by the City Attorney, except and unless the alleged
violation of this chapter concerns or involves the city
Attorney, in which case said special counsel shall be
appointed by a majority vote of the city council. No
enforcement or prosecution or action of special counsel shall
be subject to the review or control of the city councilor the
city Attorney.
C. Any person residing in the city who believes that a violation
of this chapter has occurred may file a written complaint
requesting investigation of such violation by the special
counsel. If the special counsel determines that there is
reason to believe a violation of this chapter has occurred, it
shall conduct an investigation and may commence such
administrative, civil, or criminal legal action as it deems
necessary for the enforcement of this chapter.
D. The special counsel shall have such investigative powers as
are necessary for the performance of duties described in this
chapter and may demand and be furnished records of campaign
contributions and expendit~res of any person or committee at
any time. In the event ~hat production of such records is
11 f:pt.. B'f"
refused, the special counsel may commence civil litigation to
compel such production.
E. The special counsel shall be immune to liability for its
enforcement of this chapter.
F. The special counsel may maintain on behalf of the City, a
candidate or other resident of the city may maintain on their
own behalf, a civil action to recover personally from a
candidate any contributions received by the candidate in
excess of the contributions limits established by this
ordinance or any contributions which a candidate fails or
refuses to remit to the city clerk or return to the donor.
Any money recovered in any action maintained pursuant to this
section shall be deposited in the Campaign Enforcement Fund.
G. Any action alleging violation of this chapter must be
commenced within four years of the time the alleged violation
occurred.
H. Violations involving wilful acceptance of cumulative illegal
contributions of $2500 or more shall constitute a crime of
moral turpitude pursuant to City Charter section 303.
2.52.200 severability.
If any provision of this ordinance, or the application of any
such provision to any person or circumstances, shall be held
invalid, the remainder of this ordinance to the extent it can be
given effect, or the application of those provisions to persons or
circumstances other than those as to which it is held invalid,
shall not be affected thereby, and to this end the provisions of
this ordinance are severable.
SECTION II: This ordinance shall take effect and be in full
force and effect on the thirtieth day from and after its second
nd adopt'on.
" anr r
Bruce M. Boogaard,
ved as to form by
M:\horne\attorney\cont
1 Y Attorney
.wp
"
JIII"'Yv
12
COUNCIL AGENDA STATEMENT
ITEM
7
ITEM TITLE:
A,
18')'19
Resolution - Approving revised agreement with the County of San
Diego for the Police Department participation in the California
Identification System Remote Access Network,
Meeting Date 2-6-96
SUBMITTED BY: Chief of Police.
REVIEWED BY:
City Manager .
~ 1"
I;,
(4/5THS VOTE: YES_ NO.1LJ
At the council meeting of December 18, 1990, the City entered into a five year agreement with
the County of San Diego to participate in the California Identification System Remote Access
Network, commonly known as CAL-ID/RAN, This system is maintained by the State
Department of Justice, although allocation and funding is via the County, This agreement is
presented again for approval due to the expiration of the term of the previous agreement on
June 30, 1995, The delay in the presentation of this resolution is due to a transition of
department administration staff,
RECOMMENDATION: Adopt the proposed agreement and authorize transfer.
BOARDS/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The City previously executed an agreement with the County of San Diego in order to participate
in the CAL-ID system. CAL-ID is a statewide computer-operated fingerprint identification
system, The system provides rapid identification of criminals and solutions to unsolved crimes,
CAL-ID allows comparison of latent fingerprints obtained at crime scenes with known
fingerprints from individuals (i,e" prisoners, those applying for any type of license from the
Sheriff's Department, etc,) to identify suspects in otherwise unsolvable crimes, If a match is
not made on San Diego's local database, the state's database can then be searched, The system
also has the capability of searching the local databases of other agencies in California and the
databases of the participating ten western states,
The computers and camera equipment needed for CAL-ID were provided to eight law
enforcement agencies in San Diego County by the State of California, The eight agencies
provided with the equipment were San Diego Police, San Diego Sheriff's Office, Chula Vista,
Carlsbad, EI Cajon, Escondido, U, S, Marshal's Service and Naval Criminal Investigative
Service, The equipment is valued at $60,000 and was provided at no cost to the eight agencies,
The equipment may be used by any law enforcement agency in the County participating in the
CAL-ID system by providing their own trained staff,
')--/
Page 2, Item
7
Meeting Date 2-6-96
Funding for the CAL-ID system has been jointly provided by the State of California, the County
of San Diego, and all of the user agencies within the San Diego region, User agencies were
billed for CAL-ID operational costs for the first time in FY 1992/93 due to a change in
allocations to CAL-ID from the Fines and Penalties Trust Fund for the County, As a result of
Assembly Bills 1297 and 544, and actions taken by the Board of Supervisors on May 1992, the
Trust Fund no longer receives a fixed share of revenues and accruing interest. The reduced
allocations have resulted in the user agencies paying a higher share of the systems ongoing
operational costs than had been anticipated,
All of the participating agencies in the CAL-ID system pay a user's fee based on a formula
incorporating the percentages of County population coupled with crime statistics (see Attachment
exhibit A). The agencies participating are Carlsbad, Chula Vista, Coronado, El Cajon,
Escondido, La Mesa, National City, Oceanside, San Diego and the ten contract cities with the
Sheriff's Department. The allocation percentage for the City of Chula Vista is 6,25% of the
CAL-ID operational costs of $629,828 which amounts to $39,364 for FY 1995/96, The
allocation percentage is subject to change based on updated population and F ,B.I. Crime Index
figures.
The regional system is dependent on all agencies continued participation, The Chula Vista
Police Department uses CAL-ID for latent print identification in the cases of unsolved crimes,
as well as the Ten Print Identification process for identification of in-custody prisoners, The
Chula Vista Police Department utilizes the system extensively based on need and familiarity with
the equipment at our site,
FISCAL IMPACT:
This action provides for an apportioning of total County CAL-ID cost to participating agencies,
As a result of the decreased funding from the Fines and Penalties Trust Fund for the County,
as compared to the earlier estimates, the total program costs are anticipated to be at a higher rate
than in the past five year agreement. The Police Department currently budgeted $35,000, for
this purpose, Revised estimated costs from the County of San Diego projected the cost for FY
1995-96 to be $39,364, The $4,364 difference in the budgeted amount, and the estimated costs,
is available within budget.
?....~
RESOLUTION NO. / Y / '?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING REVISED AGREEMENT WITH
THE COUNTY OF SAN DIEGO FOR THE POLICE
DEPARTMENT PARTICIPATION IN THE CALIFORNIA
IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK
WHEREAS, at the Council meeting of December 18, 1990, the
City entered into a five-year agreement with the County of San
Diego to participate in the California Identification System Remote
Access Network, commonly known as CAL-ID/RANi and
WHEREAS, this system is maintained by the State
Department of Justice, although allocation and funding is via the
countYi ad
WHEREAS, this agreement is presented again for approval
due to the expiration of the terms of the previous agreement on
June 30, 1995.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve Revised Agreement with the
County of San Diego for the Police Department participation in the
California Identification System Remote Access Network, a copy of
which is on file on the office of the city Clerk as Document No.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby authorize the Mayor to execute the
Agreement for and on behalf of the City of Chula vista.
Presented by
Approved as to form by
Richard P. Emerson, Chief
of Police
Bruce M. Boogaard, City
Attorney
c: \rs\CAL- ID.RAN
7-;J /71
AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND
THE CITY OF CHULA VISTA FOR
PARTICIPATION IN SAN DIEGO COUNTY'S
CALIFORNIA IDENTIFICATION SYSTEM
REMOTE ACCESS NETWORK
THIS AGREEMENT, made and entered into this
day of
, 1995, is by and between the County of San Diego, a
political subdivision of the State of California, hereinafter
referred to as "COUNTY", and the City of Chula Vista, a
municipal corporation, hereinafter referred to as "CITY".
WITNESSETH
WHEREAS, the State Department of Justice maintains an
automated system for retaining and identifying fingerprints,
said system being known as the California Identification System,
and hereinafter referred to as "Cal-ID"; and
WHEREAS, the Penal Code, section llll2.l et seq. provides
for the establishment of a Remote Access Network ("RAN"),
consisting of a statewide network of equipment and procedures
allowing local law enforcement agencies direct access to Cal-ID;
and
""
, , ...>
WHEREAS, the San Diego County Sheriff's Department,
hereinafter referred to as "SDSD", is the COUNTY's proprietary
agency for San Diego County's California Identification System/
Remote Access Network, hereinafter referred to as "Cal-ID/RAN";
and
WHEREAS, San Diego County's Cal-ID/RAN is governed by the
San Diego County Local Cal-ID/RAN Board, established pursuant to
section llll2.4 of the California Penal Code, and hereinafter
referred to as "RAN BOARD"; and
WHEREAS, Cal-ID/RAN provides both tenprint and latent
fingerprint identification through the use of Local Input
Terminals, hereinafter referred to as "LIT's" and Enhanced
Verification Only Terminals, hereinafter referred to as
"EVOTts"j and
WHEREAS, the Chula vista Police Department, hereinafter
referred to as CVPD, a criminal justice agency, desires to
participate in Cal-ID/RAN; and
WHEREAS, the SDSD agrees to provide CVPD access to Cal-ID/
RAN for making tenprint and latent print inquiries; and
-2-
/-"
WHEREAS, EVOT equipment has been placed at CVPD for use by
trained Cal-ID operators from CVPD or other law enforcement
agencies;
NOW, THEREFORE, the parties hereto agree that CVPD will be
provided access to Cal-ID/RAN pursuant to the following terms
and conditions.
I. SCOPE OF SERVICE
CVPD shall be provided access to Cal-ID/RAN for making
tenprint and latent fingerprint inquiries at either:
A. SDSD's LIT site, or
B. An EVOT site.
II. COST
A. CITY shall reimburse COUNTY for its proportional
share of the ongoing operational costs associated
with Cal-ID/RAN, based upon the following
formula, which shall be adjusted annually using
the previous year's SANDAG data.
-3-
~7
CITY'S
PERCENTAGE
OF TOTAL +
COUNTY
POPULATION
ANNUAL
CAL-ID
OPERATIONAL
COSTS
ANNUAL
CAL-ID
NET
OPERATIONAL
COSTS
CITY'S
PERCENTAGE
OF FBI
CRIME
INDEX
CITY'S
CAL-ID
COST
ALLOCATION
PERCENTAGE
2
SUBTOTAL -
=
=
FINES AND
PENALTY
ASSESSMENTS
OR COUNTY
GENERAL FUND
ANNUAL
CAL-ID
NET
OPERATIONAL
COSTS
=
X
CITY'S
CAL-ID
COST
ALLOCATION
PERCENTAGE
CITY'S
ANNUAL
CAL-ID
COSTS
=
B. CITY'S percentage of total County population
shall be based on SANDAG'S most recent "Popula-
tion and Housing Estimates," which are revised
annually.
C. CITY'S percentage of F.B.I. crime index shall be
based on SANDAG's most recent issue of "Crime in
the San Diego Region," which is published
annually.
D. CITY'S Cal-ID cost allocation percentage shall
be the average of the CITY'S percentages of
total county population and F.B.I. crime index.
-4- /~Y'
E. Ongoing Cal-ID operational costs shall include
those costs needed to maintain the central
computer and supporting equipment; costs for
telecommunications operations for the cal-IDfRAN
equipment; air conditioning maintenance; tape
storage; office supplies; cost for replacing the
equipment amortized over ten years; funding for
system enhancements authorized by the RAN BOARD;
utilities; support personnel; and related costs
necessary for the operation of Cal-IDfRAN.
F. A minimum allocation of $716,000 per year from
either fines and penalty assessments collected
by the courts or County General Funds shall be
subtracted from the annual 'Cal-ID operational
costs described in Section II.E. above. The
remaining annual net operational costs shall be
shared by all the Cal-ID user agencies.
G. CITY's estimated Cal-ID costs are calculated on
Attachment A, which is hereby made a part of
this Agreement.
H. The Sheriff of the County of San Diego may, on
behalf of COUNTY, annually revise CITY's
Estimated Cal-ID Costs (Attachment A), based
upon the most recent SANDAG population and F.B.I.
-5-
'1.. 9
crime index statistics in accordance with Sec-
tions II.B., II.C. and II.D. and current
operational costs specified in section II.E.
above. Such estimate, when approved by CITY and
the County Sheriff, acting on behalf of the
COUNTY, shall be made a part of this agreement as
Attachment A.
I. CITY shall be billed quarterly based on its
proportional share of the estimated ongoing net
operational costs and agrees to pay COUNTY for
the aforementioned costs within thirty days from
the date of the invoice for such costs.
J. The first billing of each fiscal year shall be
adjusted to reflect the actual ongoing net
operational costs for the previous year.
K. COUNTY shall maintain a separate accountability
for purposes of funding Cal-ID/RAN and shall
provide a financial report at the end of each
fiscal year.
III. SYSTEM OPERATING POLICIES AND PROCEDURES
A. CVPD has been designated the recipient of EVOT
equipment by the RAN Board.
-6-
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B. While CVPD remains the recipient of an EVOT,
tenprint and latent fingerprint inquiries shall
primarily be made from that EVOT site, with
SDSD's LIT site being accessed only if the EVOT
equipment is not operational.
C. While CVPD remains the recipient of an EVOT, it
shall make the equipment available for use by
trained operators from other police departments.
D. While CVPD remains the recipient of an EVOT, it
shall submit to SDSD, by the tenth of each month,
statistical reports showing the number of
inquiries and number of identifications made
through the EVOT during the previous month.
E. Any EVOT equipment placed at CVPD shall remain
the property of COUNTY and is subject to removal
and/or relocation at any time, as conditions
warrant, at the direction of the RAN Board.
F. Should CVPD's status as an EVOT recipient
change, access to Cal-ID/RAN for making tenprint
and latent fingerprint inquiries shall be
provided either through the SDSD's LIT site or
the nearest EVOT site.
-7-
?../I
G. The primary purpose of Cal-IDfRAN shall be to
serve all law enforcement agencies in the
COUNTY.
H. Additional law enforcement agencies may be
added and users may be removed from Cal-IDfRAN
as conditions warrant.
I. Participating CITIES and COUNTY agree to abide
by all State and Federal statutes, as well as
all policies adopted by COUNTY and State or
Local RAN BOARD concerning the security, privacy
and dissemination of any and all fingerprint
identification data contained in Cal-IDfRAN.
1. Cal-ID shall be used exclusively for law
enforcement criminal or suspected criminal
fingerprint identification purposes.
2. Cal-ID shall not be used for employment,
licensing, or certification purposes.
J. Operational policy shall be established and
modified as deemed appropriate by the RAN
BOARD. This policy shall ensure that each
user is treated equitably, with primary
consideration based on each user agency's
service population and crime rate.
-8-
?~
K. Any dispute between users over operational
policies established by the RAN BOARD shall be
resolved by that BOARD.
L. COUNTY agrees to ensure the proper and effective
operation and maintenance of equipment used to
participate in cal-ID/RAN.
M. COUNTY agrees to continue submitting fingerprint
cards for all specified arrests to the Depart-
ment of Justice as required by law.
N. This Agreement incorporates by reference:
California Penal Code section llll2.l et. seq.
and any related legislation enacted thereto;
state Department of Justice Cal-ID/RAN Master
Plan and any changes thereto; state Department
of Justice Cal-ID/RAN Policy Manual and any
changes thereto; and the San Diego County Local
RAN Board operating Policies.
IV. AMENDMENTS OR MODIFICATIONS
This Agreement may only be modified, amended.or
otherwise changed as provided in section II.H., or by
an amendment in writing executed by the CITY and
COUNTY.
-9-
7../)
V. TERMINATION FOR CONVENIENCE
Notwithstanding any other section or provision of
this Agreement, either party hereto may terminate
this Agreement by giving a one-year advance written
notice of intention to terminate.
VI. TERM OF AGREEMENT
This Agreement shall take effect July 1, 1995 and
unless sooner terminated as provided for herein,
shall terminate on June 30, 2000.
VII.
INDEMNIFICATION
A. COUNTY shall defend, indemnify and hold harmless
CITY, its officers, agents, or employees from
and against any and all liability expense,
including costs and legal fees incurred in con~
nection with claims or demands for damages
of any nature whatsoever, including but not
limited to bodily injury, death, personal
injury, or property damage, arising from or
caused by the acts or failures to act of COUNTY,
its officers, agents or employees in performance
of this agreement.
-10- ;7-1"
B. CITY shall defend, indemnify and hold harmless
COUNTY, its officers, agents, or employees from
and against any and all liability expense,
including costs and legal fees incurred in
connection with claims or demands for damages of
any nature whatsoever, including but not limited
to bodily injury, death, personal injury, or
property damage, arising from or caused by the
acts or failures to act,of CITY, its officers,
agents or employees in performance of this
agreement.
IN WITNESS WHEREOF, this AGREEMENT is executed by the
COUNTY OF SAN DIEGO pursuant to action taken by the Board of
Supervisors, and by the CITY OF CHULA VISTA, pursuant to action
taken by the City Council.
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
BY
Clerk, Board of Supervisors
BY
APPROVED AS TO FORM AND
LEGALITY
APPROVED AS TO FORM AND
LEGALITY
BY
Deputy County Counsel
BY
Deputy City Attorney
-11-
?--/f
ATTACHMENT A
CITY OF CHULA VISTA
ESTIMATED CAL-ID COSTS
FISCAL YEAR 1995/96
(MAY BE ADJUSTED ANNUALLY)
CITY'S
PERCENTAGE
OF TOTAL
COUNTY
POPULATION +
CITY'S
PERCENTAGE
OF TOTAL
F.B.I. CRIME
INDEX =
.:.
SUBTOTAL
CITY'S
CAL-ID COST
ALLOCATION
2 = PERCENTAGE
5.64%
+
6.87%
=
12.51%
2 =
6.25%
ESTIMATED
FY 1995/96
CAL-ID
OPERATIONAL
COSTS
ESTIMATED
FY 1995/96
PENALTY
ASSESSMENTS
OR COUNTY
GENERAL FUNDS
ESTIMATED
FY 1995/96
CAL-ID NET
OPERATIONAL
COSTS
$1,345,828
$716,000
=
$629,828
CITY'S
ESTIMATED CITY'S ESTIMATED
CAL-ID NET CAL-ID COST FY 1995/96
OPERATIONAL ALLOCATION CAL-ID
COSTS X PERCENTAGE = COSTS
$629,828 X 6.25% = $39,364
7 -/ /,
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item ft'
Meeting Date 2/6/96
Resolution 11l'l K'? Amending the FY 1995-96 Budget and
Appropriating Funds from the Available Fund Balance of the General
Fu nd to the Insurance Budget
/"
Director of Personnel (j t:.
City Managerl.)t b~J'S~ (4/5ths Vote: YesXNo_)
SUBMITTED BY:
REVIEWED BY:
An appropriation of $400,000 from the available General Fund fund balance is required to
reimburse the Public Liability Trust Fund for the settlement of the Gina Chammas v. City
of Chula Vista lawsuit.
RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable,
DISCUSSION:
As previously authorized by the City Council, a settlement in the Gina Chammas v, City of
Chula Vista lawsuit has been reached. In order to ensure timely resolution of the matter,
the settlement payment has been paid from the Public Liability Trust Fund. Funds
appropriated for anticipated public liability claims in the FY 1995-96 Insurance Budget are
insufficient to cover the settlement of this case and all other claims costs for the year. It
is, therefore, necessary to appropriate these funds in order to replenish the Public Liability
Trust Fund to acceptable reserve levels.
FISCAL IMPACT: $400,000 is to be appropriated from the available fund balance of the
General Fund to the Insurance Budget (100-0700-5233), The total appropriated by this
action will be used to reimburse the Public Liability Trust Fund (431),
\risk. 184
'i'''' /
RESOLUTION NO.
/t'/ff?
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING THE FY 1995-96 BUDGET
AND APPROPRIATING FUNDS FROM THEA V AILABLE
FUND BALANCE OF THE GENERAL FUND TO THE
INSURANCE BUDGET
WHEREAS, due to the payment of the settlement of the Gina Chammas v.
the City of Chula Vista lawsuit, an appropriation from the available fund balance of the
General Fund in the amount of $400,000 is required to reimburse the Public Liability Trust
Fund.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of
Chula Vista does hereby appropriate $400,000 from the General Fund available fund
balance to the Insurance Budget Account 100-0700-5283, and authorizes the Finance
Director to reimburse the Public Liability Trust Fund (431) the full amount of the
appropriation.
Presented by
Approved as to form by
i' " I '-
L tLfLil<) c'):'cc; .,>,-'Z I
Candy Emerson, Director of Personnel
Bruce M, Boogaard, City Attorney
\risk. 185
? ' ,.)-.
COUNCIL AGENDA STATEMENT
ITEM -2-
MEETING DATE 2/6/96
ITEM TITLE: Resolution I r- .;1.0'0 authorizing the purchase of office supplies on a
cooperative basis with the City of San Diego.
SUBMITTED BY: Director of FinanceJ,f- '
REVIEWED BY:
City Manager
~., I'
,
; -}It!
(4/5tbs vote: Yes_NoX)
The City of San Diego has bid out office supplies and awarded a contract to Corporate Express. A public
agency clause in the contract allows the City of Chula Vista to purchase office supplies for identical terms
and conditions as the City of San Diego, The office supply contract will be rebid next fiscal year_
RECOMMENDATION: That Council adopt the resolution; 1) authorizing purchase of office supplies
from Corporate Express through July 31, 1996 in accordance with City of San Diego resolutions R-78462
and R-284802, and 2) approving participation in a cooperative purchasing agreement with the City of San
Diego for purchase of office supplies in fiscal year 1996-1997
BOARDS/COMMISSION RECOMMENDATION: Not Applicable,
DISCUSSION: Currently, office supplies are purchased on the open market on an as-needed basis.
Various suppliers are contacted for price quotes and orders placed accordingly, As a result, several orders
may be issued to different suppliers when purchasing office supplies. Separate purchase orders, receiving
reports, invoices and payments must then be processed.
The City of San Diego has an office supply contract in place which was awarded based on a competitive
procedure. Pricing is favorable and the supplier, Corporate Express, is required to provide a variety of
services which facilitates ordering, Among these services are 24 hour turnaround time on 98% of the
orders, pre-printed order forms, pack and wrap service, a customized catalog, electronic ordering and
management usage reports,
The City of Chula Vista now buys approximately half of its office supply requirements from Corporate
Express. By utilizing the City of San Diego contract, Chula Vista will receive an additional 5% discount.
Further savings will result from reduced staff time needed to bid out office supplies on a regular basis and
the corresponding effort to process the orders, The County of San Diego, San Diego Unified Port District
and the San Diego County Office of Education are among other public agencies presently buying off the
City of San Diego contract
City of Chula Vista resolution 6132 authorizes the Purchasing Agent to join with other public agencies in
cooperative ventures, The City of San Diego will rebid the office supply contract for next fiscal year (FY
96-97). The City of Chula Vista will once again have the option to exercise a public agency clause to
purchase off the City of San Diego office supply contract
?-/
Page 2, Item ~
Meeting Date 2/6/96
By committing to a single office supply distributor for the remainder of this fiscal year and next fiscal year,
the City of Chula Vista can consolidate requests, reduce costs, improve service and move closer to a
stockless office supply inventory,
FISCAL IMPACT: Approximately $85,000 is budgeted annually for office supplies, An estimated
savings of 5% will be realized by utilizing the City of San Diego contract This translates to a $2, I 25
savings through the end of July, 1996. An additional $4,000 savings should occur in fiscal year 96-97.
Further efficiencies and cost savings will result from reduced staff time and paperwork necessary to
process office supply orders,
?...~
RESOLUTION NO.
/Y.2dO
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING PURCHASE OF OFFICE
SUPPLIES FROM CORPORATE EXPRESS THROUGH JULY
3l, 1996 IN ACCORDANCE WITH CITY OF SAN DIEGO
RESOLUTIONS 78462 AND 284802 AND APPROVING
PARTICIPATION IN A COOPERATIVE PURCHASING
AGREEMENT WITH THE CITY OF SAN DIEGO FOR
PURCHASE OF OFFICE SUPPLIES IN FISCAL YEAR
1996-97
WHEREAS, the City of San Diego has bid out office
supplies and awarded a contract to Corporate Express; and
WHEREAS, a public agency clause in the contract allows
the City of Chula vista to purchase office supplies for identical
terms and conditions as the City of San Diego; and
WHEREAS, City of
the Purchasing Agent to
cooperative ventures; and
Chula vista Resolution 6132 authorizes
join with other public agencies in
WHEREAS, by utilizing the City of San Diego contract,
Chula vista will receive an additional 5% discount with further
savings resulting from reduced staff time needed to bid out office
supplies on a regular basis and the corresponding effort to process
the orders; and
WHEREAS, the County of San Diego, San Diego Unified Port
District and the San Diego County Office of Education are among
other public agencies presently buying through the City of San
Diego contract.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby authorize the purchase of office
supplies from Corporate Express through July 31, 1996 in accordance
with City of San Diego Resolutions 78462 and 284802 and approving
participation in a cooperative purchasing agreement with the City
of San Diego for purchase of office supplies in fiscal year 1996-
97.
Presented by
Robert Powell, Director of
Finance
C:\rs\coopbid.off
7'3
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item / "
Meeting Date 02/06/96
Resolution 18" ;1. () / Approving the First Amendment to the
Agreement between the City of Chula Vista and American Legion Post #434 Inc.
for use of City Property at Eucalyptus Park and Appropriate $27,600 from PR-
175 (Hilltop Park) and PR-136 (Eucalyptus Park Master Plan Study); utilizing
Parkland Development and Acquisition Funds for City share of renovating the
Parking Lot
SUBMITTED BY:
Director of Parks and R. ecrea~l
City Manager,}, bY){~\tI\
(4/5ths Vote: Yes -L No ~
REVIEWED BY:
At the City Council meeting of November 14, 1995 (Minutes attached as "A"), Council approved, in
concept, the American Legion Building Expansion and proposal for a cost-sharing agreement between
the City and the American Legion to renovate a parking lot on the upper level of Eucalyptus Park. This
is a City parking lot utilized by legionnaires to access their facility. The Department was directed to
negotiate an amended lease agreement and a cost-sharing agreement with the Legion to renovate the
Parking lot and identify a funding source.
RECOMMENDATION: That the Council approve the Resolution to:
I , Approve the First Amendment to the Agreement between the City and the American Legion and
establish a new CIP Project # PR-211 American Legion Parking Lot Renovation; and
2. Appropriate $27,600 from the following CIP projects for the City's share of the project:
a, $16,000 from the Hilltop Park Renovation Project (600-6004-PR-175); and
b, $11,600 from the Eucalyptus Park Master Plan Study (600-6004-PR-136).
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The Department has met with the American Legion's representative and negotiated the
First Amendment to the Agreement between the City and American Legion for use of City facilities and
property, The existing agreement is an optional term agreement, structured in two (2) ten (10) year
increments, After the first ten year option elapses, the City may reconsider approving another ten (10)
year option. Three years has elapsed in the first ten (10) year option term, thereby leaving a total of
seven years on the first ten (10) years. There are two important amendments to the lease agreement:
1. A revision of the lease term by combining the remaining seven years to the second option term,
thereby creating a continuous seventeen (17) year term, An extension to the lease may be
negotiated in the last year of the agreement.
[Nelwork: Al13 - amrcnlgnal3 - 011311961
16J-/
Item
Meeting Date 02/06/96
/~
2, The addition of language which articulates the pro-rata share (American Legion shares 60% of
the cost of improvement: and the City shares 40% of the cost of improvement) of parking lot
improvements and a delineation of financial responsibilities.
FUNDING: Staff proposes to fund the cost share of this project from three sources.
I. $16,000 in Park Acquisition and Development (PAD) funds from the Hilltop Park Project. This
project is completed and these funds remain in the project for re-appropriation to the American
Legion Parking Lot Renovation Project.
2, $11,600 in Park Acquisition and Development (PAD) funds from the Eucalyptus Park Master
Plan Study. The funds in the project are appropriated for use by in-house staff to develop a
master plan. A Master Plan for Eucalyptus Park was initiated, but not completed, due to the
American Legion building lease issue, which was resolved in 1994, It is anticipated that in-house
landscape architectural services can complete the plan,
However, due to workload constraints, staff has not started the Master Planning of the park. In
addition, staff will be submitting a CIP proposal for FY 96/97 for Eucalyptus Park which would
be for work in the next phase of the renovation of Eucalyptus Park. Should the Council approve
the re-appropriation of $11,600 and from the Eucalyptus Park Master Plan Study, staff would
increase the FY 96/97 proposal for Eucalyptus Park by $11,600; complete the Master Plan in
next fiscal year. If the funds are not approved, staff will narrow the scope of the Master Plan.
Conclusion: Staff believes this financial collaboration is a worthy project that will allow the City to
renovate a deteriorated parking lot at a reduced cost. Cost savings will be realized through the Legion's
donation of funds; thereby defraying the City's financial impact. Further, the American Legion will
realize benefits through an improved parking facility for their users. In addition, their lingering concern
about the City not renewing their lease after the first ten year term will now be allayed through a 17 year
term on their lease, As a side note, staff has never indicated to the Legion their term would not be
renewed. However, they were fearful that over the years, change in the City's administration and City
Council would place them at risk of losing their site. Therefore, the recommended lease term would give
them a better level of comfort.
Finally, the park users (softball players, Little League, Pony League and spectators) would enjoy the use
of a renovated parking lot.
FISCAL IMPACT: The cost of the project is estimated to be $46,000 with the City pro-rata share of
$27,600 recommended to be funded by the re-appropriation of PAD funds from various CIP projects.
Attachment:
"A" - City Council minutes of November 14, 1995
"B" - Amendment Number 1 of the Lease Between the City of Chula Vista and
American Legion Post No, 434 Inc. for the Lease of Property to Operate
American Legion Post #434
[Nelwork: AI13 - amrcnlgn.a13 -OI!3I196]
2
/1f)'.1
ATTACHMENT "A"
Minutes
November 14, t995
Page 3
12, RESOLUTION ]SIOS AMENDING CITY COUNCIL POLICY NUllffiER 465-01 "PUBLIC SERVlCE
DIRECTIONAL SIGNS ON PUBLIC STREETS" - During September t995. a request was received from a local
church. During the process of in'vestigating the request, staff uncovered several minor discrepancies between the
Policy and the current Master Fee Schedule, Staff recommends approval of the resolution. (Director of Public
Works)
13,A. RESOLUTION ISI09 APPROVING FINAL MAP OF TRACT 8S-3A, EASTLAKE SOUTH GREENS
UNIT 6, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID
MAP, REJECTING ON BEHALF OF THE CITY THE OPEN SPACE LOTS GRANTED ON SAID MAP,
ACCEPTING THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND
APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVlSION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEllffiNT - On 8/16/94. Council opproved the amended Tentative Map 88-3A for EastLake
South Greens and imposed additional conditions of approval. The amendment to the tentative map covers the area
south of Clubhouse Drive which is designated as EastLake South Greens. Staff recommends approval of the
resolutions. (Director of Puhlic Works)
B. RESOLUTION ]81 ]0 APPROVING SUPPLEMENT AL SUBDIVISION IMPROVEME!I.'T AGREEME!I.'T
REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTIONS NUMBER 15200 AND 1761S APPROVING A TE!I.'TATIVE SUBDIVISION MAP FOR
EASTLAKE GREENS, AJ\'D AUTHORIZING THE MAYOR TO EXECUTE SAllIE
Councilmember Padilla questioned if the outstanding conditions for EastLake Greens remained to be fulfilled,
MT. Boogaard responded that was correct.
14. RESOLUTION ]SJJ] ALCOHOL AND BEVERAGE CONTROL (ABC) DETERMINATION
APPROVING AN APPLICATION FOR AN ABC LICENSE DUE TO PUBLIC CONVENIENCE AJ\'D
NECESSITY _ Lucky's Store at 690 Third Avenue is moving across the street and under the ABC rules needs a
new license application. Resolution Number 17989 reflects the new procedure the Council has adopted requiring
that staff report the determination on the consent agenda. Staff recommends approval of the resolution. (Chief of
Police)
-1
15. REPORT SUPPORTING CONCEPT OF AlllERICAN LEGION BUILDING EXPANSION A!I.'D THE
PROPOSAL FOR A COST-SHARING AGREE~IE!I.'T WITH THE AlllERICAN LEGION FOR PARKING
LOT RENO V A TION - The American Legion Post 434 has requested permission to construct a 2,300 square foot I
room addition (at their expense) on the north side of their existing huilding at Eucalyptus Park, The addition will I!
serve as the Legion Women's Auxiliary building, Staff recommends Council: (1) conceptually approve a plan to
build the addition; (2) conceptually approve a plan whereby the American Legion would renovate the existing I
parking lot; (3) direct staff to negotiate a cost-sharing agreement with the Legion for the renovation of the parking I
lot; and (4) direct staff to negotiate an amended 17 year lease agreement for a lease of the property and building; \
and (5) return to Council for consideration of the amended lease agreement. (Director of Parks and Recreation) !
,
Councilmember Padilla questioned the Legion's position regarding the build-out restriction.
J
Robert McCauley responded that the Legion concurred with the staff recommendation.
. . END OF CONSENT CALENDAR. .
PUBLIC HEARINGS AND RELATED RESOLUTIONS AJI.'D ORDINANCES
16. PUBLIC HEARING PROPOSED FORMATION OF OPEN SPACE MAINTENANCE DISTRICT
NUJlffiER 33, BROADWAY BUSINESS HOllIE VILLAGE - On 10/24/95, Council approved the report on the
proposed Open Space District Number 33, Broadway Business Home Village and set 11/14/95 and 11/21/95 as the
dates for the proposed formation. This meeting shall afford all interested parties the opportunity to hear and be
beard pursuant to Section 22590 of the Streets and Highway Code. After the second public hearing, Council may
take action on formation of the Open Space District unles,; a ihird puhlic hearing is set for 12/12/95. St".f
reconunends Council place the ordinance on first reading. (Director of Public \\'orks)
//)~ J
RESOLUTION NO. I ?.2.() I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND AMERICAN LEGION POST #434 INC. FOR USE OF
CITY PROPERTY AT EUCALYPTUS PARK AND
APPROPRIATING $27,600 FROM VARIOUS APPROVED
CIP PROJECTS UTILIZING PARK AND ACQUISITION
FUNDS FOR CITY SHARE OF RENOVATING THE PARKING
LOT
WHEREAS, at the City Council meeting of November 14,
1995, Council approved the American Legion Building Expansion and
proposal for a cost-sharing agreement between the City and the
American Legion for Parking-Lot renovation; and
WHEREAS, the Department was directed to negotiate an
amended lease agreement and a cost-sharing agreement with the
Legion to renovate the Parking lot and identify a funding source.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve the First Amendment to the
Agreement between the City of Chula vista and American Legion Post
#434 Inc. for use of City property at Eucalyptus Park, a copy of
which is on file in the office of the City Clerk as Document No.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said First
Amendment on behalf of the city of Chula vista.
BE IT FURTHER RESOLVED that the City Council of the city
of Chula vista does hereby appropriate $27,600 from the following
CIP projects for the City's share of the project:
a. $16,000 from the Hilltop Park Renovation Project (600-
6004-PR-175); and
b. $7,700 from the Department of Agriculture Tree Planting
Project (600-6004-PR-189); and
c. $3,900 from the Eucalyptus Park Master Plan study (600-
6004-PR-136) .
Presented by
Approved as to form by
Jess Valenzuela, Director of
Parks and Recreation
C:\rs\aMerleg.1st
'_ '" ..1.- -~ C1' L.~ -<~7 .
Bruce M. Boqqaard, q1ty
Attorney \ )
IP..f
FIRST AMENDMENT TO AMERICAN LEGION LEASE
This FIRST AMENDMENT TO AMERICAN LEGION LEASE ("Amendment") is
made and entered into this 6th day of February, 1996, by and
between THE CITY OF CHULA VISTA, a municipal corporation
(hereinafter referred to as "Landlord"), and AMERICAN LEGION POST
#434 Inc. (hereinafter referred to as "Tenant"), with reference to
the following facts:
!'!Il'N~QQ~l'!:I
WHEREAS, the Landlord and Tenant have heretofore entered into
a lease dated November 10, 1992, (hereinafter referred to as
"original Lease") pursuant to which Landlord leased certain
premises, as more particularly described therein, to Tenant on the
terms and conditions set forth therein, for the operation of a
American Legion Post, and
WHEREAS, Section 21 of the Original Lease provides that such
lease can be amended by written agreement between Landlord and
Tenant, and
WHEREAS, the parties desire to amend the Original Lease
subject to the specific terms and conditions set forth herein to
reflect Landlord's agreement to extend the term of the Original
Lease in consideration of Tenant's sharing the cost of certain
parking lot improvements.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, and for other valuable consideration
the receipt and sufficiency of which the parties hereby
acknowledge, the parties hereby agree to amend the Original Lease
as follows:
1. section 1 of the Original Lease is hereby superseded in
its entirety and restated to read in full as follows:
Section 1. TERM:
The term of this Lease shall commence on November 1, 1992
and shall terminate on October 31, 2012, unless otherwise
extended by mutual agreement of the parties. Landlord
acknowledges that Tenant may, prior to the expiration of the
above-described term, request that the term be extended
hereunder; however, Tenant acknowledges and agrees that
Landlord shall be under no obligation to approve such a
request, and that Landlord reserves the right to disapprove
any such request in its sole discretion, for any reason
whatsoever.
2. Section 2 of the Original Lease is hereby amended to add
the following new Subsection 2.2:
/11...7
2.2 Tenant's Share of parkinq Lot Improvement Costs.
In addition to the rent payments required hereunder,
Tenant is obligated to pay to Landlord an amount equal to the
lesser of forty percent (40%) or Eighteen Thousand Four
Hundred Dollars ($18,400) of any and all Landlord's costs,
including, without limitation, Landlord's staff costs at full
cost recovery, incurred in connection with the design and
construction of certain improvements to expand the parking lot
adjacent to the premises (hereinafter "Tenant's Parking
Improvements Payment"), as such improvements are more
particularly described on Exhibit A hereto and incorporated
herein by this reference (hereinafter, the "Parking Lot
Work") . Any Parking Lot Work constructed shall be in
accordance with plans and specifications approved by Landlord.
Tenant shall be obligated to pay to Landlord Tenant's Parking
Improvements Payment by no later than the date falling ten
(10) days after Landlord's written notice to Tenant of
Landlord's receipt of bids for the performance of the parking
Lot Work.
3. In the event that Tenant fails to make Tenant's Parking
Improvements Payment, in accordance with Section 2, above, or, for
whatever reason, the Parking Lot Work is not commenced within one
year of the date of this Amendment, unless otherwise agreed by the
Landlord in writing, in addition to any and all other remedies
Landlord may have under such circumstances, Landlord shall have the
right, upon written notice to Tenant, to render this Amendment null
and void, in which case, all original terms of the Original Lease
shall govern.
4.
terms and
force and
Except as otherwise expressly provided herein, all other
conditions of the original Lease shall remain in full
effect.
IN WITNESS WHEREOF, by signing below, Landlord and Tenant
hereby enter into this Amendment effective as of the date first
written above.
THE CITY OF CHULA VISTA
AMERICAN LEGION POST
Mayor of the city of Chula vista
Attest
City Clerk
Approved as to form by
City Attorney
M:\shared\attorney\a~rcnlgn.ag1
ItJ'y
COUNCIL AGENDA STATEMENT
Item_ II
Meeting Date 2/6/96
ITEM TITLE: Resolution / lJ'dJ. Pl. Approving First Amendment to Agreement
between City ofChula Vista and San Diego Transit Corporation (SDTC) for
Fixed Route Bus Service for thc period July I, 1993 - June 30, 1996
SUBMITTED BY: Director of Public Works ~
REVIEWED BY:
City ManageL
I ~ "
,
\
\ ~
!
(4/5ths Vote: Yes_NoX)
The current three year term agreement between the City of Chula Vista and San Diego Transit
Corporation (SDTC) for Chula Vista Transit (CVT) operation and maintenance was effective July
I, 1993 and terminates on June 30, 1996. The agrecment contains an option for the City to extend
the agreement for a two-year term until Junc 30, 1998, Staff has negotiated a two year extension to
the agreement with SDTC with a rate per mile of$2.1717 in FY 1996-97 and $2.2784 in FY 1997-
98. The rates per mile for both FY 1996-97 and FY 1997-98 are based on 1,195,500 annual CVT
miles; therefore, the contract costs for FY 1996-97 would be $2,596,240 (1,195,500 miles x
$2.1717), and the costs for FY 1997-98 would be $2,723,770 (1,195,500 miles x $2.2784), Staff
recommends that Council exercise the option to extend the agreement with SDTC for CVT
opcrations and maintenance, If Council decidcs not to extend the agreement staff will issue a
Request for Proposals (RFP) for CVT operation and maintenance,
RECOMMENDATION: That Council adopt the resolution approving the First Amendment to the
Agreement between City of Chula Vista and SDTC for fixed route bus service.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The First Amendment extends the agreement between the City and SDTC for two additional years,
from July I, 1996 through June 30, 1998. Thc rate per mile for FY 1996-97 is $2.1717, a 4.8%
increase over the current fiscal year rate of$2.0713; and the rate per mile for FY 1997-98 is $2.2784,
a 4,9% increase over FY 1996-97. The following table (Table 1) shows the rate per mile for the first
three fiscal years of the SDTC agreement, the proposed rate per mile for the two year extension, and
the annual percent increase in the rate per mile over the five year period,
Table 1
Fiscal Year Rate Per Mile % Increase
FY 1993-94 $1.8929
FY 1994-95 $1.9760 4.4%
FY 1995-96 $2,0713 4.8%
FY 1996-97 ( Proposed) $2.1717 4.8%
FY 1997-98 (Proposed) $2.2784 4.9%
//-/
Page 2, Item _/ /
Meeting Date 2/6/96
The proposed rate per mile increase for the next two fiscal years of the two year option extension
are 4.8% and 4.9% respectively. This ratc increase is comparable to the annual increases during the
first thrce years of the agrccmcnt. The average rate increase over the five year period is 4.725%.
For Council's information, the SDTC rate per mile is only a portion of the total CVT system
operating cost, and does not include other transit related costs such as: City Transit staff salaries;
nontransit staff support salaries, (including Finance, City Attorney, etc.); and fuel. In FY 1994-
95, for example (the last full fiscal year for which data is available), the SDT rate per mile was
$1.976, but the total CVT cost per mile was $2.52. Table 2 shows the total system cost
comparison for FY 1994-95 for the four fixed route bus operators in Southbay: Chula Vista
Transit (CVT), San Diego Transit Corporation, (SDTC), A TClVancom, and National City
Transit (NCT). The SDTC service in Chula Vista (non-CVT contract service) is the Route 29,
which operates on Third A venue from near the border to Point Loma; A TCIV ancom is a private
company operating the Route 932 on Broadway from the border to downtown San Diego under
contract with the Metropolitan Transit Development Board (MTDB).
Table 2
SYSTEMS TOTAL COST COMPARISON (FY 1994-95)
CVT SDTC AI'C/V ANCOM NCT
COST/MILE $2,52 $4.57 $2.54 $3.39
RECOVERY RATIO 45% 45%) 58% 59%
(F ARESc-OPERA TlNG COST)
As shown in this table, in FY 1994/95 CYT's cost per mile at $2.52 was the lowest of these four
fixed route bus operators. The productivity measure used in this table, the recovery ratio, was 45%,
the same as the SDTC recovery ratio, which includes the entire San Diego Transit system bus service
in the region..
The SDTe proposed rates per mile for FY 1996-97 and 1997-98 shown in Table I include some
changes in service provision from the first thrce-year agreement term. These changes include the
following items related to labor costs, maintenance costs and service level:
an increase in the top step wage for CVT drivers and mechanics
an increase in CVT's fleet size from 31 to 33 buses (two new 35 foot buses were added to
the fleet in summcr 1995)
higher average age of the CVT fleet, which requires increased maintenance,
annual revenue miles operated has been increased in FY 1996/97 and 1997/98 from the
current 1,125,000 miles to 1,195,500 miles, or 6.3%. (The first three years of the SDTC
agreement were based on 1,125,000 annual revenuc miles; however, various service changes
and route adjustments during the past three has resulted in an increase in the annual revenue
miles.)
//....2
Page 3, Item _ II
Meeting Date 2/6/96
The following table Crable 3) contams selected line item comparative cost information in the SDTC
agreement for the current fiscal year and the two option years. (A listing of the complete line item
costs is contained in Attachment 2 to the SDTC agreement) These specific line items were selected
for discussion because they contain cost changes related to the previous mentioned labor and
operations changcs.
Labor Costs
As indicated in Table 3, labor costs, including lfinge benefits, are contained in categories 1,2,3 and
4. Salaries (excluding fringe benefits) account for about 50% (line 9) of the total cost per mile (line
8) in each fiscal year. With the addition of fringe benefits (line II) labor related costs comprise
about 68% of total costs. Although there are increases in Operator (driver), Maintenance and
Management salaries for next fiscal year (lines 1,2. 3) the total labor salary cost per mile actually
decreases from $1.1 0 per mile this fiscal year to $1.07 (line 9) next fiscal ycar and then increases to
$1.10 in FY 1997-98, the current fiscal year cost per mile, Total labor costs, including fringe
bcnefits (line II) are $1 .42 per milc in FY 1995-96 (69% of the $2.0713 SDTC cost per mile); $1.44
pcr mile in FY 1996-97 (66% oftbe $2.1717 SDTC cost per mile); and $1.50 per mile in FY 1997-
98 (66% of the $2.2789 SDTC cost per mile),
Category Current Year % (Proposed) % (Proposed)
FY 1995/96 Change FY 1996/97 Change FY 1997/98
I Operator Salaries $887.068 3,5 $918,400 3.9 $954,600
2 Maintenance Salaries $163,925 4,3 $170,900 4.2 $178,100
, Management Salaries $185.698 1,5 $188,400 1.3 $190,800
.,
4 Fringe Benefits $357,866 25,3 $448,400 6.2 $476,400
:; Materials & Supplies $239,987 28A $308,200 9.1 $336,200
6 Annual Cost $2,330,204 IIA $2,596,240 4,9 $2,723,770
7 Annual Rev Miles 1,125,000 6.3 1,195.500 0 1,195,500
S Cost/Mile $2.0713 4,8 $2,1717 4,9 $2,2784
9 Labor Cost/Mile $1.10 (2,7) $107 2,8 $1.10
(112+3c-7)
10 Fringe Benefits $0,32 15.6 $0,37 8,1 $OAO
Cost/Mile(4c-7)
II Labor & Benefits $IA2 IA $144 4,1 $1.50
Cost/Mile(9+ I 0)
12 Materials & Supplies $0.21 19,0 $0.25 12,0 $0,2
Cost/Mile(5c-8)
-,
Table 3
SELECTED LINE ITEM COST COMPARISON
//,,3
Page 4, Item J /
Meeting Date 2/6/96
The SDTC drivers assigned to CVT service are a separate operating division from regular SDTC
drivers, but are represented by the same bargaining unit, the Amalgamated Transit Union (ATU).
Mechanics are represented by the International Brotherhood of Electrical Workers (IBEW), SDTC
has signed a five year agreement with the ^TU and the IBEW, effective July 1, 1996. This
agreement contains wage increases for CVT drivers and maintenance personnel that are separate
from thc regular SDTC drivers and mcchanics. For example, an SDTC regular driver has a
maximum salary of $16.23 per hour, which did not change under the new agreement effective July
I, 1996, However, these drivers are eligible lor a $400 bonus in FY 1996-97 and a $500 bonus in
1997-98. The ATU agreement pertaining to CVT drivers includes an increase in the maximum
driver wage scale from $8,00 to $8.30 per hour effective July I, 1996, and an increase from $8,30
to $8.60 effective July 1, 1997. The starting salary, and step increases, were not changed, A driver
qualifies for thc maximum wage rate after 36 months of service. Therefore, the wage range for
drivers under the new agreement will be from a starting rate of $6.50 per hour to $8.30 per hour
through June 1997, and the progression would increase from $6,50 per hour to $8.60 per hour
through June 30, 1998. CVT currently has 51 full time drivers with 27 currently at the top step of
$8.00, Under the new agreement effective July 1, 1996, 27 drivers will receive an increase from
$8.00 to $8,30 per hour. ^ CVT mechanic's top hourly wage is currently $12,00; under the new
agreement this rate will increase to $12.45 on July I, 1996 and to $12,90 on July 1, 1997. Three of
CVT's current fivc mechanics qualify for the top step increase on July 1, 1996.
Table 4 shows an hourly wage comparison for drivers and comparable maintenance personnel for
CVT, San Diego Transit Corporation, ATClVancom (operating MTDB contract services), and
National City Transit.
WAGE RATE COMPARISONS
Chula Vista Transit San DiegoTransit A TC/Vancom National City
Corporation (MTDB Contract Service) Transit
Maximum Driver $8,30 $16.23 $10,18 $10.47
Ilourly Wage Effective 7/1/96; Effective 711/96, Last Year Last year
$8,60 plus $400 bonus. (4 yr contract) (3 year contract)
Effective 7/1/97 $500 bonus in FY
t997/98
Maximum Lead $12.45 $1733 $1437 $12.20
Mechanic Effective 7/1/96 Effective 711/96 Last year of contract Last year
Hourly Wage of contract
Table 4
The CVT and SDTC wage rates shown in Table 4 are part of the same labor agreement effective July
1, 1996. However, the labor rates for A TClVancom and National City Transit are contained in
"mature" contracts, both of which expire on June 30, 1996. These labor rates do not reflect any
changes that might be contained in a new contract.
I/~f
Page 5, Item / I
Meeting Date 2/6/96
As indicated in this table, even with the $.30 per hour adjustment to the maximum CVT driver wage
scale, long term CVT drivers (after 36 months) will still be making about half the wage rate of an
SDTC driver, approximately 22% less than an ATClVancom driver, and about 26% less than a
National City Transit drivcr.
The increase in the mcchanic's maximum wage rate trom $]2.00 to $12.45 will still be considerably
lower than a comparable mechanic at SDTC earning $17.33 per hour, lower than an ATClVancom
mechanic, and slightly higher than a National City Transit mechanic. The ATC/Vancom and
National City Transit mechanic's contract also will expire this fiscal year and may be subject to
adjustment.
In summary, the SDTC contract with the A TU and the lBEW contains an increase in the maximum
pay rate for both drivers and mechanics. The starting pay and step increases are unchanged. This
increase to the top step will bring the pay ratc for these positions closer to comparable positions at
other transit systems operating in the Southbay area, although the pay rate for CVT drivers will still
be below drivers at the three other bus systems. These wage adjustments for long term employees
also encourages retention, which has a positivc impact both on opcrations and maintenance,
Maintenance Costs
Costs associated with CVT bus maintenance arc included in line item 5, Table 3 - Materials and
Supplies. As indicated in this table, the budgeted costs for materials and supplies next fiscal year
is $308,200, up about 28% from this fiscal year. On a cost per mile basis this increase is 19%, from
$.21 per mile to $.25 per mile (line 12). This increase related to maintenance is due to the
following factors:
the addition of two buses to the CVT fleet, increasing the total fleet size from 31 to 33;
an increase in the average age of the fleet, thereby resulting in increased maintenance;
an increase in the total annual miles operated, from 1,125,000 to 1,195,500, about 6%;
rebuilding a minimum of 13 engines and 9 transmissions over the two year contract
extension. (Generally, engine/ transmissions rebuilds are needed after 300,000 miles of
bus operation. Rebuilding of these major components during the last two years of the
contract will account for approximately 1/3 of the CVT fleet),
Summary
The SDTC proposed rates per mile for the two year agreement extension from July 1, 1996
through June 30, 1998 are an annual increase of approximately 4.8%. This rate increase for the
next two years is about the same as the rate increase over the total five year agreement term,
which is 4.725%. However, this rate increase includes the following changes from the first three
years of the agreement:
an increase in maximum wage rate for drivers and mechanics, which is part of the contract
between San Diego Transit Corporation and its two unions, the ATU and the IBEW,
effective July 1, 1996;
an increase in the size of the CVT fleet, from 31 to 33 buses;
an increase in the average age of the CVT fleet; and/
//,~
Page 6, Item / /
Meeting Date 2/6/96
an increase in annual miles operated, from 1,125,000 to 1,195,500, about 6%,
FISCAL IMPACT: The proposed cost for SDTC operations and maintenance of the CVT fleet
for FY 1996-97 is $2.1717 per mile, or a total cost of $2,596,240; the proposed rate per mile for FY
1997-98 is $2.2784. or a total cost of $2,723.770, Thc total cost of this agreement is funded with
City ofChula Vista Transportation Development Act (TDA) Article 4.0 funds. No City ofChula
Vista General Fund monies are used to support CVT operations or capital expenditures. Under the
current projected TDA allocation for the next two fiscal years, sufficient funds will be available to
fund this agreement, as well as anticipated additional Transit Division operating and capital costs
included in the Transit Division budget.
File: DS-027
M:\IIOME\ENG1NEER\AGENDA\ 1 ST AMEND. WMG
//...t,
RESOLUTION NO. 18"..2.0:L
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FIRST AMENDMENT TO
AGREEMENT BETWEEN CITY OF CHULA VISTA AND SAN
DIEGO TRANSIT CORPORATION (SDTC) FOR FIXED
ROUTE BUS SERVICE FOR THE PERIOD JULY 1, 1993
- JUNE 30, 1996
WHEREAS, the current agreement between the city of Chula
vista and San Diego Transit corporation (SDTC) for Chula vita
Transit (CVT) operation and maintenance terminates on June 30,
1996; and
WHEREAS, the agreement contains an option for the City to
extend the agreement for a two-year term until June 30, 1998; and
WHEREAS, staff has negotiated a two year extension to the
agreement with SDTC with a rate per mile of $2.1717 in FY 1996-0097
and $2.2784 in FY 1997-98; and
WHEREAS, the rates per mile for both FY 1996-97 and FY
1997-98 are based on 1,195,500 annual CVT miles; therefore, the
contract costs for FY 1996-97 would be $2,596,240 and the costs for
FY 1997-98 would be $2,723,770.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve First Amendment to
Agreement between City of Chula vista and San Diego Transit
Corporation for Fixed Route Bus Service for the period July l, 1993
- June 30, 1996, a copy of which is on file in the office of the
City Clerk as Document No.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said First
Amendment for and on behalf of the city of C vista
Presented by
, City
John P. Lippitt, Director of
Public Works
C:\rs\SDTC.1st
JI. ?/~/-r
FIRST AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND
SAN DIEGO TRANSIT CORPORA nON FOR
FIXED ROUTE BUS SERVICE
This First Amendment to Agreement made this day of _ 1996, by and between the
,City of Chula Vista, hereinafter called "City" and San Diego Transit Corporation hereinafter called
"Contractor". Wherein City and Contractor entered into agreement for the operation of Chula Vista
Transit on May II, 1993 for a three year term, commencing on July I, 1993 and terminating on June
30, 19%; and
Whereas, Section 18 of the Agreement states that City has an option to negotiate an extention
to the agreement for two years beyond June 30, 1996, until June 30, 1998; and
Whereas, City and Contractor mutually agree to extend the agreement for two additional
years, and
Whereas, it is necessary to amend agreement between City and Contractor to extend the
agreement term to June 30, 1998, and to incorporate certain changes to agreement.
Now therefore, the parties hereto agree as follows.
1. Amend Section I.D to read:
"In addition to performing the Defmed Services herein set forth, City may require
Contractor to perform additional services related to the Defined Services
{"Additional Services"), and upon doing so in writing, if they are within the scope
of services offered by Contractor, Contractor shall perform same on a time and
materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph
11.A unless a separate fixed fee is agreed upon, All compensation for additional
services shall be paid monthly as billed,"
2, Amend Section 18 to read:
"The term of this agreement shall be for a period of sixty (60) months beginning on
July 1, 1993 and terminating on June 30,1998,"
3. Exhibit A to Agreement is replaced with a new Exhibit A, which is attached to this
First Amendment.
4. All of the other terms and conditions contained in the Agreement dated May 11, 1993
shall remain in effect.
(M: \bome\engincer\biJIg\ 1 stamend.BG)
/1.. ,
Signature Page
to
First Amendment to Agreement between
City of Chula Vista and
San Diego Transit Corporation
for Fixed Route Bus Service
IN WITNESS WHEREOF, City and Contractor have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete
consent to its terms:
Dated:
CITY OF CHULA VISTA
By
Shirley Horton, Mayor
Attest
Beverly Authelet, City Clerk
Dated
SAN DIEGO TRANSIT CORPORATION
By ;Lu Illo
Name of person, 1
Dated:
Exhibit List to Agreement
( X ) Exhibit A
\VPC F:\HOJ\..1E\ENGINEERffill..LG\793.93
Page 2
)/'/0
EXHIBIT A
TO
FIRST AMENDMENT TO AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
SAN DIEGO TRANSIT CORPORATION
1, Effective Date of Agreement: July 1, 1993
2. City-Related Entity:
(X) City ofChula Vista, a municipal chartered corporation of the State of California
() Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
() Industrial Development Authority of the City of Chula Vista, a
( )
Other:
, a [insert business form]
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Contractor: San Diego Transit Corporation
5. Business Form of Contractor:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6, Place of Business, Telephone and Fax Number of Contractor:
100 Sixteenth St.
San Diego, CA 92101
Voice Phone: (619) 238-0100
Fax Phone: (619) 696-8159
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1/-/1
7. General Duties:
Contractor's responsibiliti~s shall include but not be limited to;
1. Meeting all operations equipment and maintenance requirements contained in this
Agreement, and in compliance with the ADA.
2. Providing all personnel having management, operations, and maintenance expertise
necessary to operate the system and maintain CVT buses and related equipment.
3. Fare collection, accounting, and reporting,
4. Personnel administration.
5. Assisting City in marketing.
6. Scheduling and dispatching vehicles,
7. Data collection and reporting.
8, Scope of Work and Schedule:
A, Detailed Statement of Work:
See Attachment I to Exhibit A.
B. Date for Commencement of Contractor Services:
(X) Same as Fffective Date of Agreement
() Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. I:
Deliverable No.2:
Deliverable No.3:
D, Date for completion of all Contractor services:
June 30, 1998
9. Insurance Requirements:
(X) Worker's Compensation Insurance: $49,000,000
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $10,000,000,
(X) Performance Bond, $400,000
(X) Fidelity Bond, $50,000
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M:\home\engineer\billg\A.GREESDTBG
JI- / ~
10, Materials Request to be Supplied by City to Contractor: None.
II. Compensation:
A.
(X)
Mileage Rate Arrangement
City shall pay Contractor for 1,195,500 annual vehicle service operating miles at the rates
or amounts set forth in the Rate Schedule herein below and further detailed in the cost breakdown
,(Attachment 2) according to the following terms and conditions:
(1)
()
Not-to-Exceed Limitation Annual Vehicle Service Hours
(2)
(X)
Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Contractor shall have incurred time and materials equal to
maximum annual costs contained in Rate Schedule below ("Authorization Limit"),
Contractor shall not be entitled to any additional compensation without further
authorization issued in writing and approved by the City. Nothing herein shall
preclude Contractor from providing additional Services at Contractor's own cost and
expense.
Rate Schedule
Fiscal Year Vehicle Service Mileage Rate Maximum Annual
Miles Cost
FY 1996-97 1,195,500 $2,1717 $2,596,268
FY 1997-98 1,195,500 $2.2784 $2,723,828
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Contractor in the performance of services
herein required, City shall pay Contractor at the rates or amounts set forth below:
() None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges, not to exceed $
(X) Other Actual Identifiable Direct Costs: (See ~ ~ction 11 A),
IA:\home\engineer\billg\AGREESDT.BG
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Page 3
A. Special Services
Rate Per Hour
Fiscal Year
FY 1996-97 $31
FY 1997-98 $34
B. "Tripper" Services: Rate per mile applicable to Fiscal Year Rate,
c. Costs illl1 included in Agreement: Reimbursement to Contractor under the follov.ing
conditions:
1) Prior authorization by the Transit Coordinator.
2) Proper invoice must be submitted to City,
13. Contract Administrators:
City:
Bill Gustafson, Transit Coordinator
707F Street
Chula Vista, CA 91910
Phone: (619) 691-5260
FAX: (619) 691-5171
Contractor:
Sandra Showalter, Contract Services Manager
100 Sixteenth Street
San Diego, CA 92101
Telephone: (619) 238-0100
Fax: (619) 696-8159
14. Liquidated Damages
From the nature of the services to be provided, the Contractor and City agree that it is
extremely difficult to fix actual damages which may result from failure on the part of the
Contractor to perform any of its obligations herein and the resulting loss to City, Therefore,
both parties agree that the Contractor liability should be limited to and fixed at the sums
stated in this Section of the Agreement, as liquidated damages and not as penalty, to be
deducted automatically by City from Contractor invoices for the period(s) in which occurred.
The decision of the Transit Coordinator is [mal with respect to any assessment of liquidated
damages, The Transit Coordinator may rely on information supplied by Contractor, by the
public or by staff, as well as by other means in determining assessment of liquidated
damages.
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A. Liquidated damages will be assessed at the rate of one thousand dollars ($1,000) per
occurrence for failure to achieve a satisfactory rating in any category ofthe annual
California Highw~y Patrol Safety Compliance report (CHP 343),
B. Liquidated damages may be assessed at the rate of one hundred dollars ($100) per
occurrence for each unauthorized failure to operate transit routes as approved by
City,
C. Liquidated damages may be assessed at the rate of one hundred dollars ($100) per
day for each day Contractor fails to employ and assign to the services covered by this
agreement a Location Manager, Operations Supervisor, Road Supervisor, or
Maintenance Supervisor approved by the Transit Coordinator. In the event
Contractor's Operations Supervisor, Location Manager, or Maintenance Manager or
any Road Supervisor terminates his or her employment with less than two (2) weeks
notice, liquidated damages will not be assessed until the fifteenth (15th) day
following the notice oftermination.
D. Liquidated damages may be assessed at the rate of fifty dollars ($50) per day for each
incident of failure to comply with the following requirements and driver
specifications herein:
(1) Failure to clean vehicle interiors daily,
(2) Failure to clean vehicle exterior three times weekly.
(3) Failure to provide 8-hour National Safety Council Defensive Driving Course
or equivalent for each driver before that driver operates any vehicle in
revenue servIce.
(4) Failure of driver to wear presentable uniforms while on duty.
(5) Failure to have a new driver undergo a two-hour orientation to CVT system
policies, procedures, and performance standards prior to being assigned to a
CVT route,
(6) Failure to provide a minimum of 8 hours of driver instruction/route
familiarization to each driver before that driver operates vehicle in revenue
servIce,
(7) Failure to repair vehicle body damage (interior or exterior) within 21 days of
the occurrence.
(8) Failure to perfonn any required preventative maintenance procedures within
:t500 miles of the scheduled maintenance.'
E, Liquidated damages may be assessed at the rate offifty dollars ($50) per incident of
a vehicle in revenue service leaving a schedule time point prior to the schedule
departure time,
F. Liquidated damages may be assessed at the rate of fifty dollars ($50) per day for each
incident of failure to submit to City any of the following reports:
M:\home\engineer\billg\AGREESDT.BG
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(I) Driver Daily RecordslDefect Sheets, daily by 1:00 p.m, of the next working
day.
(2) ComputatiGn and Reconciliation offares collected for the week, by 2:00 p.m.
of the following Monday or first working day.
(3) SANDAG Form B-IO Items 15, 16, 17,20,21, and 22, by October 31,
January 31, April 30, and July 31.
(4) Fuel Cost and Fuel Consumption, by the 5th of each month,
(5) Road Call Reports, by 5th of the following month,
(6) California Highway Patrol Safety Inspection Reports, three days after receipt
of report by Contractor,
(7) Accident Reports, within three days after occurrence,
G, Failure of City to assert any right which it has under this contract, or to assess any
liquidated damage as provided herein, shall not act as a waiver as to the City right to
enforce the provisions of this contract, or assess liquidated damages in the future,
except as specified herein.
H. The assessment of liquidated damages and/or deductions as provided under this
contract shall in no way relieve the Contractor of his obligation to provide sufficient
service, buses or drivers, or to meet any of the terms of this contract.
1. Notwithstanding the foregoing right to assess, neither party assumes any liability
with regard to liquidated damages, for failure or delay to fulfill the terms and
conditions of this Agreement to the extent such failure or delay is caused by the
following: a) any civil or military government restrictions or limitations; b) failure
or shortage of fuel, water, fuel oil, or other utility or services; c) riot, war,
insurrection, or other national or local emergency; d) acts of God, earthquakes, fire,
explosion, quarantines; freight embargoes, or adverse weather conditions; or e)
impassibility of routes due to construction, accidents, or other reasons.
. 15, Statement of Economic Interests, Contractor Reporting Categories, per Conflict of Interest
Code:
(X) Not Applicable. Not an FPPC Filer.
() FPPC Filer
() Category No, 1. Investments and sources of income,
() Category No, 2. Interests in real property,
() Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the department.
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11'/(,
() Category No, 4, Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale of
real properlY.
() Category No, 5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
() Category No.6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the designated
employee's department to provide services, supplies, materials, machinery or
equipment.
() Category No.7. Business positions.
() List "Contractor Associates" interests in real property within 2 radial miles of
Project Property, if any:
16.
( )
Contractor is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
18. Bill Processing:
A. Contractor's Billing to be submitted for the following period of time:
ex ) Monthly
() Quarterly
() Other:
B. Day of the Period for submission of Contractor's Billing:
() First of the Month (fixed montWy cost)
(X ) 15th Day of each Month for prior month services
() End of the Month (hourly rate cost for service operated)
( ) Other:
C. City's Account Number: 402-4020-5203
M:\home\engineer\billg\AGREESDT.BG
Page 7
1/'17
COUNCIL AGENDA STATEMENT
Item l:l
Meeting Date 02/06/96
ITEM TITLE:
Resolution J? ,,2.~J Approving Change Order No.3 for the Memorial Park
Gymnasium - Plunge - Parkway Complex Building Renovation Improvements,
Phase I Project (PR-162) and authorizing the Director of Public Works to execute
on in behalf of the City 'OM/
Director of Public Works /ffv
Director of Parks and Recrt'tI~'
City Manager,J~ \~J ,~~l (4/5ths Vote: Yes _ No-.XJ
SUBMITTED BY:
REVIEWED BY:
On September 19, 1995, the City Council, by Resolution No, 18035, awarded a contract in the amount
of $561,750.88 (plus contingencies 15%, $75,710,88) to Woodburn Construction Company for the
renovation of the Memorial Park Gymnasium - Plunge - Parkway Complex Building Renovation
Improvements, (Phase I). The work includes remodeling of the gymnasium restrooms and dressing
rooms, including ventilation and heating of gym and dressing areas, Also, renovation of pool lobby,
restrooms, and dressing rooms, including heating and ventilation; compliance with all new ADA and
UBC requirements: modifications to spectator seating, and storage and check-in areas, as well as other
miscellaneous work.
Change Order No, 3, which totals $32,213.70 incorporates revisions to the electrical systems, as well
as structure modification determined necessary during the demolition of the buildings.
RECOMMENDATION: That the City Council approve Change Order NO.3 and authorize the Director
of Public Works to execute it on behalf of the City,
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: The renovation of the Memorial Park (Parkway) Gymnasium and adjacent buildings
began on October 23, 1995. The contractor, Woodburn Construction Company is working diligently to
complete the project. During the demolition phase of the construction activities. it became necessary to
revise the electrical systems proposed for the project. Staff has negotiated a change order with the
contractor ((1 accomplish the necessary revisions,
Change order #001 and #002 were for the removal of asbestos, installation of structural steel, minor
masomy walls and flooring, Change order 1 and 2 totaled $9,336.63 and were approved at the staff
level.
The change order, proposed for approval totals $32,213,70, and will provide for lower maintenance costs
and an enhancement to the functionality of the buildings. The scope of the work is as follows:
/..2'" /
Item / ;2
Meeting Date 02/06/96
Electrical
Electrical modifications include an upgrade to comply with new codes and safety requirements, and the
following items: Replacement of the original (1954) underground 600 Amp main switch hoard which
is contained in an underground vault and presents a signiticant danger to anyone who works on it. A
new 800 Amp witch hoard and panel upgrade needs to he installed ahove ground to eliminate dangerous
underground conditions, when the electrical contractor looked at the old switch board, they refused to
make the necessary modification needed to power up the huilding. City staff had hrought this to the
attention of the Electrical Engineer at the time the plans were heing drawn up. He was unwilling to
design a new system as he felt it was not in his scope of work. Staff believes it would be easier to handle
the change during construction with a change order rather than process a change in scope of the design
contract.
ADD: $ I 5,064.40
Structural Moditications
It is important to rememher that in any re-model unexpected conditions can he found. During the
demolition of some walls, it was t'lUnd that three steel studded walls had rusted out from the foundation.
These walls are located in the mechanical room were there was a lot of water on the floor. Drains have
been installed to prevent this form reoccurring, It is critical that these walls he replaced with modern
materials, These existing walls are not attached to the floor as they rusted out and could fall. Two
additional ceiling are to he replaced due to the rusting condition,
ADD: $9,270,30
The existing hollow metal doors and frames are to he replaced due to deterioration from rust and 40 years
of hard use. The Architect had labeled these doors 3' X 6'8", but in reality the openings are 3' X 7"
and 4" X 7', The Architect failed to add several doors and changed out the existing door locking
hardware to meet A.D,A, standards and City requirements,
ADD: $7,879,00
Changes that add value and would have been our cost if included in the contract are considered valid
costs to he paid for hy the City. However, costs that are a result of errors or omissions made by the
Architect, cost hut do not add value, should he costs paid t()r by the Architect. Staff believes a portion
of the costs for the structural modifications are a result of non-value added error and City should seek
reimhursement from the Architect or his insurance carrier. Staff will work with the City Attorney's
Office to claim this reimhursement.
2
/..2 ' .,).
Item 1,,2
Meeting Date 02/06/96
FISCAL IMPACT: The proposed Change Order NO.3 totals $32,213,70. Sufticient funds to cover
this increase are availahle in the projects contmgency fund, The increase will revise the total contract
((1 $603,300.33.
Attachment:
RS:DT\dh
Exhihit A - Agenda Statement, Council Meeting of Septemher 19, 1995
(M :\hOlne\engineerlagend.ll\( :hgPR 162.2-6)
File No. 073S-1O-PR-162
3
/2-J //)-1
RESOLUTION NO. /8"2 d 3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CHANGE ORDER NO. 3 FOR
THE MEMORIAL PARK GYMNASIUM - PLUNGE- PARKWAY
COMPLEX BUILDING RENOVATION IMPROVEMENTS,
PHASE I PROJECT (PR-162) AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO EXECUTE IT ON
BEHALF OF THE CITY
WHEREAS, on September 19, 1995, the city Council, by
Resolution No. 18035, awarded a contract in the amount of
$561,750.88 (plus contingencies 15% $75,710.88) to Woodburn
Construction Company for the renovation of the Memorial Park
Gymnasium Plunge Parkway Complex Building Renovation
Improvements, (Phase I); and
WHEREAS, the work includes remodeling of the gymnasium
restrooms and dressing rooms, including ventilation and heating of
gym and dressing areas and renovation of pool lobby, restrooms, and
dressing rooms, including heating and ventilation; compliance with
all new ADA and UBC requirements; modifications to spectator
seating, and storage and check-in areas, as well as other
miscellaneous work; and
WHEREAS, change Order No.3, which totals $32,213.70
incorporates revisions to the electrical systems, as well as
structure modification determined necessary during the demolition
of the buildings and will provide for lower maintenance costs and
an enhancement to the functionality of the buildings.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve Change Order No. 3 for the
Memorial Park Gymnasium - Plunge - Parkway Building Renovation
Improvements, Phase I Project (PR-162) in the amount of $32,213.70.
BE IT FURTHER RESOLVED that the Director of Public Works
is hereby authorized to execute Change Order No. 3 on behalf of the
City of Chula vista.
J]
Presented by
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
C:\rs\meRpark.co3
/.2 -5' };;-{,
CITY OF CHULA VISTA
CHANGE IN CONTRACT
CHANGE ORDER NO:
DATE:
JOB II
CONTRACT:
CONTRACTOR:
03
January 31, 1996
PR-162
Memorial Park Gymnasium- Plung- Renovation
Woodburn Construction Co.
The following addition shall be made to increase the contract
executed September 12, 1995 between the City of Chula Vista and
Woodburn Construction Co.
REMARKS AND DETAILS: Changes in plans and specifications at an
agreed upon price. Change order II 03 includes several proposals
which are all requested by either City staff or by the Architect
to enhance the remodel project at the Memorial Park Gymnasium-
Plung- Renovation. An itemized breakdown follows:
SEE ATTACHED DOCUMENTATION
ORIGINAL CONTRACT AMOUNT
$ 561,750.00
9,336.63
$ 571,086.63
$ 32,213.70
$ 603,300.33
PREVIOUS CHANGE ORDERS TOTAL
PREVIOUS CONTRACT AMOUNT
THIS CHANGE ORDER NO. 003
REVISED TOTAL CONTRACT
It is agreed by the undersigned that all extra work shall be
performed and material furnished in accordance with the original
contract and in accordance with the statement,if any, attached
hereto.
APPROVED BY:
ORDERED BY:
flLALJ 1-'1 ~
Richard M. Thompson
Building Project Supervisor
City of Chula Vista
John Lippitt
Director of Public Works
City of Chula Vista
APPROVED BY:
APPROVED BY:
Sunny Shy
Deputy Director of Recreation
City of Chula Vista /.2' ?
Thomas O. Woodburn Jr.
Woodburn Construction
President, CFO
,1/
,:.-
Electrical Modifications
Electrical revisions include provisions for an upgrade to
comply with new codes and safety requirements, and following
items: Replacement of the original (1954) underground 600
Amp main switch board which is contained in an underground
vault and presents a significant danger to anyone who works
on it. A new 800 Amp switch board and panel upgrade needs to
be installed above ground to eliminate dangerous underground
conditions. When the electrical contractur looked at the old
switch board he refused to make the necessary modification
needed to power up the building. the City staff had brought
this to the attention of the Electrical Engineer at the time
the plans were being drawn up. He was unwilling to design a
new system as he felt it was not in his scope of work. We
felt it would be easier to handle it in the field with a
change order rather that arguing with the Engineer.
ADD: $15,064.40
structural Modifications
It is important to remember that in any re-model you are
likely to uncover conditions not expected. during the
demolition of some walls, it was found that three steel
studded walls had rusted out from the foundation. These
walls are located in the mechanical room were there was a
lot of water on the floor. We have installed drains to
prevent this from recurring. It is critical that these walls
be replaced with modern materials. These existing walls are
not attached to the floor as they rusted out and could fall.
Two additional ceilings were replaced due to rusting
condition.
ADD: $9,270.30
The existing hollow metal doors and frames are to be
replaced due to deterioration from rust and fourth years of
hard use. The Architect had labeled these doors 3' X 6'8",
but in reality the openings are 3' X 7' and 4' X 7'. The
Architect failed to add several doors and change out the
existing door locking hardware to meet A.D.A. standards and
City requirements.
ADD: $7,879.00
In conclution it would appear that the Architect may have
caused some error/omissions with no value added. City staff
will consult with the City Attorney on this issue.
/,2-8'"
r:!/
COUNCIL AGENDA STATEMENT
1:1
Ileffi_
Meeting Date 02/06/96
ITEM TITLE:
R 1 t. /r~I)'IA . b'd d' d' .
eso u Ion cceptmg 1 s, awar mg contract, an appropnatmg
additional funds for purchase of one new Sewer Step Van,
SUBMITTED BY:
Director of Public W ork~, ~
City Manager (\'v: }(~})\HS vote:
YesXNo_)
REVIEWED BY:
,
The FY95-96 sewer budget provides for theipurchase of one Forward Control Dual Rear Wheel
Step Van for the sewer section of Public Works.
RECOMMENDATION: I) That Council appropriate an additional $16,244 from the sewer
fund (225) and authorize the purchase of one step van.
BOARDS & COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
This item was first bid in October 1995. At that time only one bidder responded, Non-responsive
bidders indicated they did not have 1996 pricing information from manufacturers. Consequently,
the item was rebid in December 1995. Bids were opened for the purchase of one (1) step van on
January 12, 1996. Bids were mailed out to ten (10) prospective bidders with only two (2)
responding. The lowest bidder is Victor Buick GMC Truck. A summary of the bids received is
listed in the table below,
Bidders Unit Price 7 % Sales Tax Trade-In Net
Allowance Amount
Victor Buick $39,480 $2,763.60 N/A $42,243.60
Miramar GMC $41,962.00 $2,937.34 N/A $44,899.34
The bid meets all specifications, therefore, Public Works Operations Staff recommend the purchase
from Victor Buick GMC Truck, The purchase cost for the Step Van is $42,243.60 including sales
tax. This is a new purchase approved in the FY95-96 budget witb no trade-in,
The FY96 Budget included $26,000 for purchase of this van. It appears that the budgeted amount
was based on the price of a similar step van purchased in 1991. That price, however, was only for
the step van shell and did not include any of the equipment in the van, such as; a generator,
washing station, shelving, & storage compartments. The price for the new van covers a fully
11'1
!tern.!.;)
Meeting Date 02106/96
equipped van and has increased due to intlation of the price on the stripped van as well as inclusion
of all of its equipment.
AL TERNA TIVE FUEL
Due to its type, this piece of equipment is not appropriate for consideration of conversion to
alternative fuel.
FISCAL IMPACT:
Only $26,000 is hudgeted in the sewer fund Account 225-2250-5568 for the purchase of the new
sewer van. The cost for the new Sewer van is $42,244, therefore additional funds ($16,244) need
to he appropriated from the sewer fund (225).
JD:mp
C:\\VINWORD\DA VE\STI'V AN.DOC)
/;1,.:1.
RESOLUTION NO. / 8'';;'''~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS, AWARDING CONTRACT
AND APPROPRIATING ADDITIONAL FUNDS FOR
PURCHASE OF ONE NEW SEWER STEP VAN
WHEREAS, the FY95-96 sewer budget provides for the
purchase of one Forward Control Dual Real Wheel Step Van for the
Sewer Section of Public Works; and
WHEREAS, the following two bids were received on January
12, 1996:
7% Sales Tax
Trade-In
Allowance Net Amount
Bidder
unit Price
victor Buick
Miramar GMC
$39,480
$41,962
$2,763.60
$2,937.34
N/A
N/A
$42,243.60
$44,899.34
WHEREAS, the low bid meets all specifications, therefore,
Public Works Operations staff recommends awarding the bid to victor
Buick GMC Truck.
NOW, THEREFORE, BE IT RESOLVED the city council of the
city of Chula vista does hereby accept the two bids and awards the
contract for the purchase of one new Sewer step Van to victor Buick
in the amount of $42,243.60.
BE IT FURTHER RESOLVED that the Purchasing Agent of the
city of Chula vista is hereby authorized and directed to execute
said contract for and on behalf of the city of Chula vista.
Presented by
BE IT FURTHER RESOLVED that the
hereby appropriated from the Sewer Fund 22
Account 225-2250-5568.
John P. Lippitt, Director of
Public Works
C:\rs\sewer.van
/.1-;J
COUNCIL AGENDA STATEMENT
Item_ty
Meeting Date 02/06/96
SUBMITTED BY:
I r ,;J.d5'
Resolution Accepting bids and awarding contract for
purchase of two Brush Chippers
Director Of Public Work~ f1/
,
\," ",', \
City Manager Ii ,\ \!\ \" f-' ) ,,\
(4/5ths Vote: Yes_NoXJ
ITEM TITLE:
REVIEWED BY:
The FY95-96 equipment replacement butlget provides for the purchase of two
replacement brush chippers for the Street Tree Maintenance section of Public Works
Operations, On January 12, 1996, the Purchasing Agent accepted bids for purchase of
two brush chippers,
RECOMMENDATION: That Council award the contract to the lowest responsible
bidder, Altec Industries Inc" who met all required specifications,
BOARDS/COMMISSIONS RECOMMENDATION:
Not Applicable
DISCUSSION: The FY95-96 equipment replacement budget provides for the
replacement of two brush chippers for the Street Maintenance section of Public Works,
Bid packages were mailed to six (6) vendors with two (2) responding on January 12,
1996, The lowest responsive bidder is Altec Industries Inc, No trade-in offer for the
replaced units was requested, It was the opinion of the Fleet Manager that a higher
price for these units could be obtained by selling them at the County of San Diego
Cooperative Auction, A summary of the bids received is listed in the table below.
Bidders Unit Price Extended 7% Sales Tax Net
Amount
Altec Industries Inc, $16,807 $33,bI4 $2,352,98 $35,966,98
Vermeer-California lne. $17,777.02 $35,554,04 $2,488,78 $ 38,042.82
ALTERNATIVE FUEL
Due to their type, thesc pieces of equipment arc not appropriate for consideration of
conversion to alternative fuel.
/t!. /
Page 2, ltem_!r
Mceting Date 02/06/96
FISCAL IMPACT: Sufficient funds (520,160 each, $40,320 for 2) are provided in the
FY95-96 equipmcnt replaccment budget for purchase of the brush chippers, The total
amount for the purchase of the two brush chippers including thc 7% sales tax is
$35,966,98,
The existing brush chippers have an annual maintenance of $2,232 and a fuel cost of
$ 165, The future maintenance cost will diminish significantly for the first fcw years,
while the cost for fuel is estirnated to rcmain the same. The savings will be reflected
in equipment charges, account 100-1450-5269.
/ljr.}
RESOLUTION NO. I~~d~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR PURCHASE OF TWO BRUSH CHIPPERS
WHEREAS, the FY95-96 equipment replacement budget
provides for the purchase of two replacement brush chippers for the
Street Maintenance Section of Public Works; and
WHEREAS, the following two bids were received on January
12, 1996:
Bidder
Unit Price
Extended
7% Sales Tax
Net Amount
Altec Industries, Inc.
Vermeer-California, Inc.
$16,807.00
$17,777.02
$33,614.00
$35,554.04
$2,352,98
$2,488.78
$35,966.98
$38,042.82
WHEREAS, the low bid meets all specifications, therefore,
staff recommends awarding the bid to Altec Industries, Inc.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby accept the two bids and awards the
contract for the purchase of two Brush Chippers to Altec
Industries, Inc. in the amount of $35,966.98.
BE IT FURTHER RESOLVED that the PurChasing Agent of the
City of Chula vista is hereby authorized and directed to execute
said contract for and on behalf of the city of Chula vista.
John P. Lippitt, Director of
Public Works
ved as
~
Presented by
Bruce M.
Attorney
C:\rs\bruschip.bid
11/,.3
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item
IF
Meeting Date 2/6/96
Public Hearing: Considering an amendment to Section 19,54,020 adding
Section 19.04,197 to the Chula Vista Municipal Code
Ordinance .lj,ff Amending Section 19.54,020 of the Municipal Code
and adding Section 19,04.197 in order to modify the unclassified uses
regulations to allow residential care facilities in residential zones as a
matter of right
Director of Plannin, g, 1/tc.
City Attorney (( }~\ }, .
City Manage~l L'\JJI\ (4/5ths Vote: Yes_No-X)
, J
In October 1995, the City Council passed an emergency ordinance to exempt Residential Care
Facilities for between seven and twelve residents from having to obtain a Conditional Use Permit
when those residents have been determined to belong to a protected class, as defined in Federal
Fair Housing Law. At the same time, Council directed staff to a prepare permanent ordinance
addressing this matter. This item was continued from the January 9, 1996, City Council
Meeting at the request of the Chula Vista Chamber of Commerce.
The Environmental Review Coordinator has determined that this code amendment as a
procedural amendment is exempt from environmental review and is not subject to CEQA.
RECOMMENDATION: Adopt the ordinance approving the Code amendments in accordance
with the attached draft City Council Resolution and Ordinance and findings contained therein,
BOARDS/COMMISSIONS RECOMMENDATION: On December 13, 1995, the Planning
Commission voted 4-3 to not approve the proposed ordinance amendment (Resolution
PCA-96-04), The Commission's recommendation, if sustained by the City Council, would retain
the requirement for a CUP in order to establish a residential care facility for between 7 and 12
residents who are members of a protected class, as defined in Federal Fair Housing Law,
DISCUSSION:
When this matter was originally brought before the City Council in October, staff informed
Council that the Department of Housing and Urban Development of the US Government had
alleged that the City may have unknowingly violated the Federal Fair Housing Law. One of
HUD's contentions was that the City by requiring a Conditional Use Permit for the establishment
/~I
Page 2, Item 1.5
Meeting Date 2/6/96
of a Residential Care Facility for individuals who are members of a protected class the City was
discriminating against people so classified, in violation of Federal Fair Housing Law.
The City of Chula Vista had acknowledged that approval of such facilities for the
accommodation of six persons or less, regardless of presence or absence of disabilities, is
preempted by State law, and thus permitted as a matter of right. However, the City had
considered facilities for more than six residents similar to nursing homes, convalescent homes
or homes for the aged, They were thus considered to be Unclassified Uses, requiring a
Conditional Use Permit, and thus subject to the scrutiny and approbation of neighbors, Other
municipal jurisdictions in the County trcat Residential Care Facilities similar to Chula Vista.
The City of San Diego for example requires Residential Care Facilities to obtain a Conditional
Use Permit. However, they are presently allowing such facilities to locate in residential zones
as a matter of right. The City of San Diego has taken this position based upon ongoing
litigation. Additionally, the City of San Diego is drafting model legislation for the Federal
Government's consideration which would return some level of local control over Residential
Care Facilities. If such legislation is adopted, the City of Chula Vista ordinance could be
amended at a future date.
The Department of Housing and Urban Development has, in other jurisdictions, successfully
brought suit to remove the requirement for a Conditional Use Permit. There are also several
test cases pending, and, in a number of cases where the Conditional Use Permit requirement was
invoked and then the permit denied, HUD has sued the jurisdiction in question on behalf of the
applicant, in some cases incurring great financial expense to the jurisdiction. The Department
of Housing and Urban Development made clear to the City of Chula Vista that it considered
discretionary permits an invitation to neighboring residents to discriminate. In the opinion of
BUD, by allowing neighbors an opportunity and forum to express their prejudice, the City may
be seen to be condoning such statements.
The City may have the right to retain Conditional Use Permit authority over Residential Care
Facilities for residents belonging to a protected class. However, the ability to impose
meaningful conditions is essentially preempted by Federal law. Staff has concluded that
retaining the Conditional Use Permit process has the potential for invoking public controversy
and increasing the potential for liability, while providing the City with no real measure of
control over such facilities,
The State determines which facilities are suitahle to be licensed. Their requirements include
limitations on numbers of people per sleeping room and minimum size of rooms to accommodate
more than one resident. The State also requires that the local Fire Marshal ascertain that the
facility meets certain minimum safety standards.
These licensing standards have the effect of limiting the number of residences which could be
converted into Residential Care Facilities for more than six individuals, The Department of
/ >',,2.,
/..5
Page 3, Item _
Meeting Date 2/6/96
Housing and Urban Development, however, has agreed that providing for a maximum number
of twelve residents will still have the effect of providing what it considers "reasonable
accommodation", and thus is an acceptable limit.
In order to ensure that no area receive an overconcentration of such facilities, the ordinance calls
for Residential Care Facilities to be located 1,000 feet distant from other similar facilities, The
Department of Housing and Urban Development believes that such facilities should not be
located in just one area, and therefore encourages their location throughout the residential
community, The 1,000 foot separation would serve that purpose, while more than providing for
these facilities to locate in the City.
The City of Chula Vista has thus recognized that it is in the best interests of the City to allow
those facilities meeting the rather narrow definition delineated in this ordinance to be established.
By clearly defining Residential Care Facilities and removing the requirement for them to obtain
a Conditional Use Permit, that objective is achieved.
As evidenced in the attached Planning Commission minutes, Commissioners were split over
whether or not to endorse the proposed ordinance amendment to allow residential care facilities
as a matter of right. The majority of the Planning Commission concluded that the City should
retain its present ordinance which would require applicants for these types of facilities to go
through the public hearing process and to be subjected to specific conditions imposed by the
City, The minority of the Commission concurred with the staff recommendation and the analysis
of the City Attorney's office to amend the code. Please note that should Council choose to
sustain the action of the Planning Commission and retain the City's right to impose the
conditional use permit requircment ovcr these types of residential care facilities, the present
settlement agreement with HUD would be null and void. It should also be noted that it is both
the opinion of the Planning staff as wcll as the City Attorney's office that the retention of the
conditional use permit process which would require a public hearing on applications before the
Planning Commission and City Council could invoke significant legal challenges under the
Federal Fair Housing Law and scverely limit the City's ability to impose effective conditions.
At the City Council Public Hearing on this proposed amendment to the ordinance, held on
January 9, 1996, a representative of thc Chula Vista Chamber of Commerce voiced that
organization's concern about aspects of the proposed amendment. The Chamber of Commerce
requested a continuance in order to allow board members to meet and discuss this issue. Since
that time, the Chamber's board has met and drafted a letter outlining its position in opposition
to the proposed Ordinancc Amcndmcnt. The Chamber letter indicates their concern that
households of up to 12 residents should be considered a business and thus requests that
consideration of this issue be delayed. However, the Federal Fair Housing Law states that
residential care facilities for up to 12 arc to be considered single family uses and the courts do
not treat these types of uses as businesscs. That letter should have been received by the City
Council by the continued Public Hearing,
/5'J
/
/.7
Page 4, Item _
Meeting Date 2/6/96
Notice of the public hearing was sent to Mr. Frank Riley of the U.S. Department of Housing
and Urban Development, along with a copy of the draft ordinance and a request for any
comments.
FISCAL IMPACT: Failure to adopt the ordinance as proposed leaves the City exposed to
potential legal issues which could result in a substantial fiscal impact.
Attachments
1. Minutes of January 9, 1996 City C()UllCi! Meeting
2. Minutes of October 17, 1995 City Council Meeting
3. Planning Commission Resolution PCA-96-()4
4. Exhibit "A"
5, Exhihit "B"
6. Minutes of December 13, 1995 Planning C(lmmissiol1 Meeting
7. City Council Ordinance
M :\home\planning\ann\pca9604a.113
15".y
ORDINANCE NO. .J~..5'9
AN ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL
AMENDING SECTION 19,54,020 OF THE CHULA VISTA MUNICIPAL
CODE AND ADDING SECTION 19,04,197 IN ORDER TO MODIFY THE
UNCLASSIFIED USES REGULATIONS TO ALLOW RESIDENTIAL CARE
FACILITIES IN RESIDENTIAL ZONES AS A MATTER OF RIGHT,
WHEREAS, the term 'Residential Care Facility' is not defined in the Municipal code,
and
WHEREAS, such facilities have been considered to be nursing homes, an Unclassified
Use, and
WHEREAS, the Municipal Code requires that a Conditional Use Permit be obtained to
establish a nursing home or other Unclassified Use, and
WHEREAS, the Federal Government has maintained that, when such facilities are for
the accommodation of members of a protected class as defined in Federal Fair Housing Law,
it is a violation of such law to subject the facilities to closer scrutiny than other residential uses
would receive, and
WHEREAS, the City has initiated a request to amend the Municipal Code to define
Residential Care Facilities and to permit them as a matter of right in residential zones, and
WHEREAS, on the Planning Commission voted to adopt
Resolution No, PCA-96-04 and thereby recommend that the City Council enact the proposed
amendments to the Municipal code, and
WHEREAS, the City Clerk set the time and place for a hearing on said application and
notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the city at least to days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as advertised, namely
_ in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing
was thereafter closed.
NOW, THEREFORE the City Council of the City of Chula Vista does hereby find,
determine, and ordain as follows:
SECTION I:
That the public necessity, convenience, general welfare and good zoning
practice justified the amendment and that the amendment is consistent
with the City of Chula Vista General Plan,
/f:. .5"'
SECTION II: That Section 19,54,020 is amended to read as follows:
19.54.020
Designated - Limitations and standards.
The following uses may be considered for location in any zone, subject
to the provisions set forth herein, and additional conditions set forth in
Chapter 19,58 (references indicated for uses):
A, Borrow pits and quarries for rock, sand and gravel;
B. Campgrounds: See Section 19,58.040;
C, Cemeteries: See Section 19,58,080;
D. Colleges, universities, private schools, elementary and secondary
public schools;
E. Columbariums, crematoriums and mausoleums, provided that these
uses are specifically excluded from all R zones unless inside a
cemetery: See Section 19,58,080;
F. Churches: See Sections 19,58,110;
G, Dumps, public or private;
H. Hospitals, included, but not limited to emergency, general,
convalescent, psychiatric, etc.; rest homes, nursing homes (for the
aged, cri['l['lled, mentally retarded of all ages, etc,), ['lsychiatric,
etc,: See Section 19.58,110, However, excludcdfromreview,artd
permitted as a matter of right, are residential cai;e facilities which
meet the following conditions:
Fmther that ap['lroval shall flot be grllflted uRtil the follmviRg
fiRdiflgs cafl be made (homes for mentally retarded childrefl):
1.5' ~
I. Tfle size of tile Ilarcel to be 1I3ea sllall Ilrovide adeqllate
jigllt and air in proportion to tile HlJmber of residents,
2, The location of wineo'ils ane open play arcas shall Be so
sitttated as to not adver:;e1y imllact adjoining t1ses,
3, Spacing bet'.veen these facilities shall Be Stich that the
charaeter of the tleighborhooe is not affected by the
grollping of tllese homes,
SECTION Ill: That Section 19.04.197 is added as follows:
19;04.197
Residential Care Facility
SECTION IV: This Ordinance shall take effect and be in full force and effect on the
thirtieth day from and after its adoption,
Presented by
Approved to form by
. A
(re M. il<m_d
City Attorney
JJ
Robert A, Leiter
Director of Planning
In . \home\planning \ann \pca9604. ord
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PUBLIC HEARNGS AI'.'D RELATED RESOUJTIOSS AI'.'D ORDINANCES
9. PUBLIC HEARNG CONSIDERING AN AMEI'.'DMEI'.. TO SECTION 19.54,020 AJI.'D ADDING
SECTION 19,04,197 TO THE ~fUNICIPAL CODE - On 10/17/95, Council passed an emeriency ordinance 10
exempt Residenlial eare Facililies for seven to twelve residents from having 10 obtain a Conditional Use Permit
when Ihose residents have been determined 10 belong 10 a protected class as defined in Ihe Federal Fair Housing
Law, Based on further analysis of Ihe legal issues related to Ihe matter, staff is recommending amendments 10 the
Municipal Code Ihat would pennanenlly exempt such uses from Ihe re<juirement for a Conditional Use Permit,
provided that any such facility is localed no closer than 1000 feet to another similar facility, Staff recommends
Council place Ihe ordinance on first reading. (Director of Planning)
..
ORDNANCE 2659 AMENDING SECTION 19,54,020 OF THE MUJI.'1CIPAL CODE AJI.'D ADDING
SECTION 19.04,197 IN ORDER TO MODIFY THE UNCLASSIFIED USES REGULATIONS TO ALLOW
RESIDEI'..IAL CARE FACILITIES IN RESIDEI'..IAL ZONES AS A MA TIER OF RIGHT /fjr.;t """din21
Ken Lee, Assistant Planning Director, stated the City had been informed last year by the Department of Housing
and Urban Development that they Cit)' may bave unknowingly violated federal bousing law by re<juiring a CUP 10
establish residential care facilities 10 house 7-12 individuals of a prolecled class, HUD fell it was discriminatory
on the part of the City. In October 1995, Council passed an urgency ordinance and direcled staff 10 return witb
a permanent ordinance. The Planning Commission voted 4-3 with the majority voting in favor of retaining Ihe
present CUP process as Ihey were concerned with the lack of local control regarding land use decisions if Ihe
ordinance was adopted, It was Ihe opinion of the Planning staff and City Attorney thatlhe Cily was preempled by
federal law, Therefore, staff recommended Ihat Council adopt the ordinance,
Mayor Horton queslioned if there was a legal opinion regarding Ihe number 12, i,e, maximum individuals allowed.
Mr. Lee responded thallhere was not a clear cut case regarding the number. In lerms of existing cballenges that
had come forth Ihe City Attorney's office was comfortable wilh that number.
Mr, Boogaard replied Ihat 12 was Ihe number HUD would use in the adminislration of the Jaw, i.e. the point at
which Ihey would stand down from litigation. He fell it was Iheir determinalion Ihat 12 was the dividing line
between a large family and a business, Because the City was re<juired hy law 10 Ireal such uses as a large family
the City would have 10 say thaI large families of X number or greater could not reside in Ihat location. Unless Ihe
City was prepared 10 state that families of a smaller number could not reside Ihere Ihe number 12 was generally
accepted as Ihe pro!",r number.
Mayor Horton queslioned how Ihe City would know if a facility was in compliance with the 1,000 ft, re<juirement
if there was no review required.
Mr. Lee responded that the facility would bave to be licensed by Ibe State, and Ihe City received notificalion of the
license re<juests througb lbe Fire Department. Staff would th", respond whether or nottbey were in cor"pliance
with City regulations,
Council member Rindone questioned bow many other public agencies in San Diego had adopted a sjmilar ordinance.
Mr. Lee replied that it appeared all other agencies were requiring a CUP at lbe presenl lime. There was some
variation as 10 whelher it was limited 10 single family areas or whether Ihey were required to be in a multi.use area
before they could apply for the CUP, At lbe present lime, Ihe City was faced with Ihe threat of litigation and
seulement agreement, The City of San Diego was reviewing their ordinance, butlhey were not under a separate
suit by HUD,
M,: .Boo~aard staled while the City of San Diego required a CUP it was Iheir operating practice 10 allow such a
faCIlity WIthOut comphance of that requirement.
15"IP
This being the lime and place as advertised, Ihe public hearing was declared open,
. Rod Davis, 233 Fourth Avenue, Chula VistJ>. CA. representing the Chula Visla Chamber of Commerce, slaled
Ihey did not feel they were in a position to support or oppose Ihe ordinance and r<<juested a three week delay in
order to obUiin more information. II appeared to them that other municipalities and agencies were not going to
adopt similar regulations, and if the Ctty did adopt the ordinance it would be inviting all of the people that wanted
to open residential care facilities, without having to GO throURh any Cit)' checks or COil troIs, to come to Chula Vista.
They felt it was a regional issue.
. Patty Davis, 1375 III 7 ~lIejon Montefrio, Chula VisUi, CA, r<<juested Ihat Council either defeat Ihe amendment
or postpone il. To increase the number from 6 to 12 was allowing a business entity to operate in a single family
residential zone without due process for Ihe citizens of Chu1a Visla. Citizens had the right 10 know wbat was
happening and address their concerns before the facilities went into their neighborhoods, There was a need for sucb
facilities, but tbey needed to fit into a neighborhood and not become a nuisance. She did not believe the
r<<juirement of a CUP to increa.. the number of patients was discriminating against a rlass of people, When a CUP
was in place tbe City bad leverage to correct any unforeseen problems, without a CUP Ihere was no City control
or accounUibllity, She felt more research needed to be done at Ihe federal level to see what could be done. Other
cities were not adopting similar amendments and, Iherefore, there would be an open door to Ibe City of Chula Vista,
There being no further public testimony, Ihe public haring was declared closed.
Mr. Boogaard informed Councillhat due 10 the impending litigation and legal risks the item had been noticed for
Closed Session.
Mayor Horton stated'she was not comfortable taking action on Ihe item and preferred 10 continue Ihe item for 3-4
weeks.
Mr, Boogaard questioned if Ihere were any further pending applications,
Mr. Lee responded that there were none.
Mr. Boogaard stated Ihere would not be a problem with a Ihree week continuance, If a problem arose staff would
return 10 Council with an urgency ilem. If it was Council's intent 10 continue the item he recommended Ihat Ihere
not be significant discussion.
MS (HortonlRindone) to continue the item to 2/6/96.
Councilmember Moot stated il might be helrfullo supplement the report with legal analysis. but he would leave
it up tQ tbe City Attomey's discretion, The <.ity of Escondido was involved in a lengthy and expensive lawsait over
a similar problem and be felt some background from Ihe City Attorney would be helpful. Information regardint
the kind of litigation other cities had faced and related costs when they had resisted sucb challenges would also be
helpful. The Council wanted 10 do the right thing but they needed to be mindful of the potential fiscal impacts,
Mr. Boogaard responded that be r4d submitted . CODfidential1e~al memo and analysis to Council. He questioned
if Council wanled him 10 make a public disclosure of Ibe pending litigation throughout the state,
Councilmember Moot fell it would be belpful for the members of Ihe public to be apprised of the fiscal impact the
Council would be r<<juired 10 consider,
VOTE ON MOTION: approved 4-0-1 "ith Padilla absent.
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ACTION ITEMS
21, ORDINANCE 2650 ADOPTING AS AN INTERIM AND EMERGENCY MEASURE FOR A PERIOD
OF 90 DAYS, AN ORDINANCE AMENDMENT TO MUNICIPAL CODE SECTION 19.54.010 TO EXEMPT
RESIDENTIAL CARE FACILITIES FOR '-12 RESIDENTS FROM OBTAINING A CONDITIONAL USE
PERMIT IN RESIDENTIAL ZONES, AND FROM THE PROVISIONS OF CHAYI'ER 19.54 IUl'l!ency
ordinance) _ The Planning Department is preparing amendments to the Zoning Code and will be preparing
implementing ordinances which will allow Residential Care Facilities for '-12 residents which are protected by the
Federal Fair Housing Act to locate in residential zones as a matter of right. The purpose of the moratorium is to
avoid tbe risk of the City incurring monetary damages should its actions under the current wning standards conflict
with the rights of individuals protected by the Fair Housing Amendments Act. Staff recommends Council adopt
the urgency ordinance. (Director of Planning and City Attorney)
Councilmember Rindone questioned if the local land use decisions of a charter city could be usurped by the federal
government. He noted tbere would be impacts on the rights of the neighborhood and other residents and questioned
if the City bad any options available.
Mr, Boogaard stated he could answer the question publicly. but if Council wanted to dwell on the legal aspects he
recommended Council go into Closed Session. The Council did have an option of trying to create a conditional use
permit system. All land uses tbe City tried to regulate fell within three categories, i.e. 1) absolutely prohibited;
2) allowed as of right; and 3) conditionally permitted. The City had the legal authority to squeeze those types of
uses into the conditionally permitted use categories but tbe City could not pick a condition tbat in any way focused
OD the federally protected features of a group. In essence, the City became preemptive because if the City could
not focus on those legally they could not regulate the use differently from a large family,
Councilmember Rindone questioned if there were any regulations regulating the size of the family. His concern
was that the density of any single family residence Dot be excessive or negatively impact a neigbborhood,
Mr. Boogaard stated the City did not try to regulate family size througb the zoning code, it was regulated througb
Health & Safety codes and was based on people per square footage volume of space. The problem was that the
federally protected uses fully qualified, There were three basic conditions that could be legally imposed, i,e, 1)
parking constraints, but the City had to offer reasonable accommodation; 2) number of people per room constraint,
but tbey easily qualified under the current licensing standard; and 3) legally impose a separation requirement. whicb
staff was proposing to do as a matter of rigbt. Council would be submitting themselves to a lot of aggravation wben
Congress bad basically preempted their rigbt to regulate the use. Staff felt it was federally preempted from any
sincere effort at regulation and tbat if the public had a concern they should focus their attention on federal
representatives not through tbe local City representatives. HUD and the Department of Justice focused on 12 as
the dividing line as to wbat could constitute a large family and what constituted a commercial use, He did not
believe efforts by the City could witbstand constitutional scrutiny and, therefore, be recommended that the Council
Dot even try.
ORDINANCE 2650 PLACED AS AN URGENCY ORDINANCE BY COUNCILMEllmER MOOT, reading
of the text was waived, passed and approved unanimously.
/y1.3 /j~-;5
RESOLUTION NO, PCA-96-04
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN
AMENDMENT TO SECTIONS 19,54,020 AND 19,94,197 OF THE
MUNICIPAL CODE RELATING TO RESIDENTIAL CARE FACILITIES,
WHEREAS, the term 'Residential Care Facility' is not defined in the Municipal code,
and
WHEREAS, such facilities have been considered to be nursing homes, an Unclassified
Use, and
WHEREAS, the Municipal Code requires that a Conditional Use Permit be obtained to
establish a nursing home or other Unclassified Use, and
WHEREAS, the Federal Government has maintained that, when such facilities are for
the accomodation of members of a protected class as defined in Federal Fair Housing Law, it
is a violation of such law to subject the facilities to closer scrutiny than other residential uses
would receive, and
WHEREAS, the City has initiated a request to amend the Municipal Code to define
Residential Care Facilities and to permit them as a matter of right in residential zones, and
WHEREAS, the Planning Commission set the time and place for a hearing on said
amendment and notice of said hearing, together with its purpose, was given by its publication
in a newspaper of general circulation in the city at least ten days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as advertised, namely
December 13, 1995, at 7:00 p.m, in the Council Chambers, 276 Fourth Avenue, before the
Planning Commission and said hearing was thereafter closed, and
WHEREAS, the Commission found that the proposal, asa procedural amendment, is
exempt from environmental review and is not subject to CEQA,
NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED
AT THE HEARING, THE PLANNING COMMISSION recommends that the City Council enact
an ordinance amending Section 19,54.020 and adding Section 19,04,197 of the Municipal Code
based on the findings contained therein and as shown in Exhibit "A" and Exhibit "B",
That a copy of this resolution be transmitted to the City Council.
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PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this by the following vote, to-wit:
AYES:
,NOES:
ABSENT:
ABSTENTIONS:
William Tuchscher, Chairman
A TrEST:
Nancy Ripley, Secretary
M :\home\planning\atUl\pca9604p.res
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EXHIBIT A
19.04.197
Residential Care Facility
'ResideDllaI Care Facility' is llllY buUiling Qrpl;iCC;, wbiQll,is 1!l<lij1t>hit>4 mid operatedw pmvide ~eepihg
ace<', "" "ldations, food servjee or kltQhen facilities, mid liSSistance willi daily iivID$. SuCh II il!cility Sel:l'es as a
permanent residence fur the occupants and is licensed by the Stale or other authority, '"
m:\horne\plannirJ&\Iu:m\pca9604.lXl
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EXIllBIT B
19.54.020
Designated - Limitations and standards.
The following uses may be considered for location in any zone, subject to the provisions sel forth herein,
and additional conditions set forth in Chapter ]9.58 (references indicated for uses):
A. Borrow pits and quarries for rock, sand and gravel;
B. Campgrounds: See Section ]9.58.040;
C. Cemeteries: See Section ]9.58.080;
D. Colleges, universities, private schools, elementary and secondary public schools;
E. Columbariums, crematoriums and mausoleums, provided that these uses are specifically excluded from all
R zones urdessinside a cemetary: See Section 19.58.080;
F. Churches: See Sections ]9.58.110;
G. Dumps, public or private;
H. Hospitals, included, but uot limited to emergency, geueral, convalescent, psy<:ltiatric. eK.; rest homes,
nursing homes (for Ill. ages, cripples, lBeulllllj' relafsea sf all ageD), ps)'llIlialfiG, etc.: See Section
]9.58.110. However, excluded from review, and pennitled as a malter Of rigbt. ar<; reSidential care
facilities which meet the following conditions: . .
I. The Residential Care Facility is fur the accomodation of dwse individ11a1$ whoa", conSidered to
= ~taof7::):~:.~~:fi=~=I=t~:~~t.;:w (11ii:' .F~( Hoosiilg
3. The ~sidentia1 Care Facility is located at .least. one thousand feeidlstant fmm iWotber .residential
care facility meeting these cmem.
4. The facilities are located in any R litln<; orresidentialIY~U$edprt>perty.
Yl:lrther that ~'3f8':al shall Bet Be gFaBtea HBtil tllli! feIlEJ".T:ieg fiadiags eaB Be made fl1slBes fef meIHall~'
reWaea ekilarsa):
1. The size of the flaresl tEl Be used skall flfsvil:te aaeijuate ligkt aae air in IU8fJ8FtisB 18 the BUHlssr
sf resia8Bts.
2. The les!Hi8B af -.\qRGSi':S aRB speR plaj' afaR!) shall Be SEl simateEl as 18 liet aeversely .i::mfJaet
REljeiBiag Hses.
3. Sfjaeiag eet'.T:esa these faeilities shall Be SHSH that the eHamster sf the aeigBe8:rh.eml is eRst
afrestee by the grBHfliag sf these BeEBBs.
m:\home\plauniug\ann\pca9604.lxl
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Excemt from 12/13/95 Planning Commission Minutes
ITEM 1;
PUBLIC HEARING: PCA-96-04; CONSIDERATION OF AN AMENDMENT
TO SECTION 19.54.020 OF THE MUNICIPAL CODE TO ALLOW
RESIDENTIAL CARE FACILITIES FOR RESIDENTS WHO ARE MEMBERS
OF A PROTECTED CLASS, AS DEFINED IN FEDERAL FAIR HOUSING
LAW - City Initiated
Assistant Planner Pedder-Pease presented the staff report outlining the history of the proposed
ordinance amending to establish residential care facilities for up to 12 residents, who are
members of a protected class under the Federal Fair Housing Law to locate within residential
zoned areas of the city, as a matter of right. Ms. Pedder-Pease noted staff recommendation that
a 1,000 ft. separation requirement be included as part of the ordinance consideration.
Assistant City Attorney Moore provided further details regarding the office of Housing and
Urban Developments (HUD) allegations that the City's current ordinance is discriminatory. Ms.
Moore pointed out the City was not in agreement with those allegations. However, as a result
of other court decisions that have resulted in large monetary damages awarded against cities, the
courts have established the fact that cities need to treat group homes, as described, similar to
other residences. Ms. Moore further explained that while cities have the right to retain CUP
authority over these residential care facilities, the City's ability to impose conditions is essential,
prompted by Federal law. Because of the preemption, staff has recommended adoption of the
ordinance as drafted.
Commissioner Davis indicated that she had a couple of concerns; 1) that without requiring a
CUP, the City would be allowing what she considers to be a commercial business in a residential
zone, and 2) without requiring a CUP, what would control the review of the 1,000 ft. spacing
requirement? She also expressed concerns over not being able to impose adequate parking
requirements and questioned what the City of San Diego was doing to address similar facilities
in their jurisdiction.
Assistant Attorney Moore explained that in respect to distance requirements, two different court
decisions have come down - one in support of imposing a distance requirement as being
reasonable, and the other decision in opposition to a distance requirement. It is the City
Attorney's opinion that the 1,000 ft. distance requirement being suggested for the City ordinance
would be defensible on the basis that such a requirement would not impose any hardship in the
ability for someone to locate a facility within the City of Chula Vista in compliance with those
standards. In response to what the City of San Diego is doing, it is my understanding that the
City Council has decided to pursue the idea of regulating these types of facilities through the use
of a conditional use permit against the advice of their City Attorney's office. This is not the
direction that the City Attorney's office in Chula Vista would recommend. Ms. Moore noted
that the City of San Diego is involved in a lawsuit at the present time wherein one of the
allegations is that the City is in violation of the Fair Housing Law.
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PC Minutes
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December 13, 1995
Commissioner Davis asked if there was any opinion from the League of California Cities
recommending how this type of ordinance should be addressed. Assistant City Attorney Moore
responded that there are a number of opinions written by attorneys that work for the League and
are in basic agreement with the position taken by the Chula Vista Attorney's office. She
indicated she was not aware of any official position taken by the League itself.
.In response to an earlier question, Assistant Planner Pedder-Pease responded that the staff was
not concerned regarding a parking issue with these types of facilities based on the information
received from the State Licensing authority indicating that the residents do not drive and that
typically there are not more than 2 staff persons on duty at anyone time.
In a further response to Commission's questions, Assistant Attorney Moore stated that every city
in the County, as well as any city in the United States, has to follow the same Federal law, but
at this point in time, we do not know how many cities are actually being pursued by HUD in
terms of potential violations. She went on to explain that retaining the CUP process which
requires a public hearing can lead to specific problems relating to testimony from residents
indicating they do not want certain types of housing and/or certain kinds of individuals in their
neighborhood. Those types of comments will likely lead to discrimination lawsuits against
individuals as well as the city.
Commissioner Ray indicated that he was uncomfortable relating to not having enough
information at this point to adequately weigh the results of the implications of the Federal law
and its repercussions vs the retention of the present City ordinance requirements. He questioned
whether or not it would be better to hold off on any sort of amendment at this time. Assistant
City Attorney Moore noted that their office strongly recommends that some action be taken at
that meeting, keeping in mind that the ordinance only pertains to a use permit that is presently
required for facilities that house 7-12 residents since the housing of 6 residents or less is
currently allowed as a matter of right. She also pointed out that the City has reached a
settlement agreement with HUD in which we have committed to pursuing an ordinance
amendment; therefore, without acting on an ordinance, that settlement agreement would be in
jeopardy.
Commissioner Ray questioned whether or not the City Council could be asked to take action on
the ordinance if the Planning Commission were unable to come to an agreement. Assistant
Director Lee replied that staff would move forward with the ordinance for Council consideration
with an explanation but that it would be necessary to move the item forward since the present
emergency ordinance which was enacted by the Council is set to expire very shortly. Therefore,
we would not want to place the Council in a predicament of not having either an emergency or
permanent ordinance in place in conformance with Council's directive. It was, therefore, Mr.
Lee's recommendation to Planning Commission to either approve or deny the staff
recommendation.
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PC Minutes
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December 13, 1995
Chairman Tuchscher opened the public hearing. Noting that there were no speaker slips and no
response to his request for anyone from the public to address the Commission, the hearing was
declared closed.
MSF (Willett/Salas) 3-4 (Commissioners Ray, Tuchscher, Thomas & Davis against) that the
Planning Commission adopt the Resolution PCA-96-04 as presented by the staff and recommend
-that the City Council approve the code amendment as drafted, noting that his research had
indicated that staff's recommendation was in concert with both the California League of Cities
and prevailing legal opinion.
SUBSTITUTE MOTION
Motion by Commissioner Thomas to send the item forward to City Council without a
recommendation; motion seconded by Tuchscher with notation that he requested an added
statement that item be taken forward with maximum expediency taking into account
procedural issues.
The maker of the motion Commissioner Thomas agreed with the modification. Vice Chair
Commissioner Ray stated that he was now in more of the opinion that the ordinance change
should not be approved. Commissioner Davis also agreed that the City would be giving up due
process and would be precluding the public an opportunity to provide input if a CUP were not
required.
Commissioner Thomas stated he would like to withdraw his motion and that he had no
problem with his original no vote; Vice Chair Ray suggested a motion that Resolution
PCA-96-04 be denied but said he had no problem with approving Item A of the Resolution.
Assistant City Attorney Moore said it would was possible to separate the items, voting no on
A and yes on B. Chairman Tuchscher stated, however, he did not feel there would be any
benefit in separating the issues.
Commissioner Thomas made the motion that no changes be made to the ordinance relative
to PCA-96-04. The intent of the motion was clarified by Moore; she believed the motion was
in effect retaining the current city ordinance as it is, thus requiring a CUP for residential care
facilities. Commissioner Thomas concurred with that analysis and the motion was seconded
by Commissioner Davis.
VOTE: 4-3 (opposed by Commissioners Tarantino, Salas and Willett)
15' -2.5)0{ ~ )'iJ
61'3267E:3~D l'ICIIlLLRII BDIIITR
I!.!JL..!lI.Ul.
09 January, 1996
Ms. Shirley Horton and
Council Members
City of Chula Vista
276 4th Street
Chula Vista, California 91 91 0
Dear Ms. Horton and Members of the City Council:
372 F'02 JRt--j 10 ' 9E, 12: [J3
I am writing this correspondence in support of issuing
Conditional Use Permits for Residential Care Facilities in the city of
Chula Vista. The city's view of the permit process is essential in
evaluating and monitoring the impact of care facilities in
residential neighborhoods.
I am strongly opposed to a change in the increase of patients
permitt(,j to live in Residential Care Facilities, However, I would
support the increase if the Residential Care Facilities were being
operated in a multi-residential neighborhood.
Residential Care Facilities are certainly needed in our
community and I am not opposed to there existl::nce. However, they
are businesses that are operating presently in single family
neighborhoods without permits. As a homeowner, I am required by
the City of Chula Vista to have a license to operate a business from
my home. Therefore, it would be reasonable to permit Residential
Care Facilities. It is my understanding that there are strict
requirements to operate a business out of the home. These
requirements include parking and employee restrictions. It is only
prudent that Residential Care Facilities have equal restrictions.
There is a Residential Care Facility in my neighborhood. I was
not informed by the city or state regarding it's operation. The
neighborhood has been impacted. We have more cars coming and
going from that property. We have had the police department answer
a call at that address.
JY,2'
61'~2t,7t:34iJ IICI'11 LLRt I BCIII I TR
372 PiJ3
JRN 1iJ '96 12:iJ4
2
The issues that accompany Residential Care Facilities
placement and operr.tions, are daunting, I c:m certain. I appreciate
your consideration in rethinking the permitting process and increase
changes of these facilities,
Since rely,
~_K,
{/Julie K. Danielson
54 Whitney Street
Chula Vista, California 91 91 0
lyJO
From the Office of the city Attorney
City of Chula vista
Memorandum
Date:
February 6, 1996 D,\l
Bruce M. Boogaard, City Attorney\f)~
Honorable Mayor and Councilmembers
From:
To:
cc:
John Goss
Bob Leiter
Re:
Residential Care Facilities
Item 15 on Tonight's Agenda
At the request of Councilmember Alevy on Monday, who recalled a
recent newspaper article a week or so ago in the Union Tribune
indicating that Mayor Golding was going to talk to Senator Boxer's
Office about legislative relief from the federal laws relating to
Residential Care Facilities, we have done a last minute check of
federal legislation.
It appears that Congressman Bilbray introduced in the House, last
Thursday, H.B. 2927, a copy of which is attached herewith along
with a press release about the legislation.
His Office reports that
Corrections Day. His
prospects for passage.
Congressman Gingrich might carry it on
Office was fairly enthused about its
Of course it will require Senatorial approval, and Senator Boxer's
and Senator Feinstein's Office haven't taken a position on the
matter yet. Boxer's Office reports a meeting with Mayor Golding
occured at the time reported in the U.T.
I have conferred with Bob Leiter about the pending recommendation,
and we concur that the new recommendation should be:
Defer adopting the ordinance for 6 weeks to see if we can
get federal relief. However, do not reject the second
reading at this time to continue the benefits of the de
la Rosa agreement if the federal relief fails.
We will advise as the legislation progresses.
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From CongressmaJl Brian DUbray
fOR IMMEDIATE RELBA5B
Pebruaty I, 1996
CONTACT; Mcli.tSA Dollaihm
;2021226-:2040
BILBRAY lNTROJ>uCES LEGISLATION 1'0 cLARIFY
THE FEDERAL FAIR HOUSING ACf
WuhiDgtoD, D. C. __ COIl~,Sm8Il Brim BUbray (It - SWI Diego). joined by the entire bi-partisan
SaD Dieio delegatioIl, toclaY introduced legislation to alter the federal gcvemment'i ability to
restrict state aod local gove!'ll1'l\etlr s llbiIity to tegulate :resiQt.ntial care facilities. These filcilit1es
llre established Wldc:r the Federal Fair Housing Act. bUt administeNd by the variOU.!l ~tes.
"Thig legislatiOll will clarify and reflIle the intml. of fedcrallaw, while protecting against
dbcri~tion," Bilbny said, "It will also allow N~dentll to expnlssl&llitimate concems ab01lt
Lwd use in their nelghbothDods. Fedemllaw silnply should not sg,perllcde these bll.SLc diibtl of
our citizens,' .
Residential care facilities 11ft desigcated homes for di~..bled persons. Under lQI'Tflnt federal law.
"disabled" pmQnA who may nt!lde in these falliIilies are dBfined as 'those pCUOllll with physical
and. me:nW hondlatps, IS well as recoverl1lg .ubstmcc: a'auaetS, fjalons ordered to spcmd t:i.me ig,
"hali-way houses. lIS pl!rt of cally release programs, und registered sex offendera. Communities
Bl'Ound the pa:jon have expressed serious concexns with the fair houslng law as it relates to \hl:ir
ability to ttview and ilIqllement land use NgulatwN for TeSidential care facilities, 115 well as the
Qcc1.lp8Iltll of these facilities.
Bilbrly's legislation tetuIns greata colltl:Ol to communities w~ the residEn11ial care facilitie:;
are located. The legislalion will allow commwl.ti~ to ~el\'li8e "rtlIlSonable" zoning Illd o1her
1e.nd use regulations in determinina the location llfld midential make-up of these care fal:ll.itiei.
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3 sex offeJ;ldcr, or ree<>'1~.ritlr Qllg adcllcl. .All used in thi~
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S int or place that i~ miillltained and operated to provide
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AN
INVESTMENT IN
THE FUTURE
BOARD OF DIRECTORS
President
Chris LewlS
President Elect
Dave Ward
Vice Presidents:
Patricia Barnes
JC,,A,n;.e Clay't,:)r;
C33.:, \crdstrorn
E'a~v','.!s:)r
Members:
Renee Bute
JC'3e :')c;~la
~.',~>: S:,:::''''
SJsa~, HE.rne'y'
Tc,r; LkAncrel'.'s
LEG r.1=:ore
See;; Mosher
Pot'crt Pen~er. MD
Be'l Richardson
Frar.k Scott
Mary A:1ne Stro
Sut', ~hor-ia~,
Jc,rj Uish
Executive Director
<=;cj Slavls
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. rrVE YEAAS
CHULA VISTA
CHAMBER
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ACCREDITED
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January 31, 1996
The Honorable Shirley Horton
Mayor City of Chula Vista
Members of the City Council
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor and Members of the City Council:
The Chamber is very appreciative of the time and effort spent by
City Attorney Bruce Boogaard in explaining the nature and the history
of the proposed Residential Care Facility Ordinance. We are also
appreciative of Director of Planning Bob Leiter's time in explaining
this issue from his perspective. The Chamber now understands the
nature of the federal preemption of local control. We are very
concerned with this trend.
The establishment of a business in a residential neighborhood
may adversely impact both existing businesses in commercial areas
and the expectation of what constitutes a residential neighborhood.
We urge the City ofChula Vista tojoin with other California
cities in questioning the interpretation of this law and to request our
legislators to clarify their intent. With no application for these
facilities pending, we feel the council has the latitude to delay
enactment pending clarification.
Sincerely,
Chula Vista Chamber of Commerce
~~
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. Executive Director
RFD:ce
; 3 3 ~ 0 U H T H A V [ N U E . C H U l A \' 1ST A C ;, L F H t, I A 9 1 9 1 0 . TEL ( 6 1 9) 4 2 0 . 6 6 0 J
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COUNCIL AGENDA STATEMENT
Item
It.
Meeting Date
2/6/96
ITEM TITLE: Public Hearing; DRC-94-24 - Appeal of the Planning Commission
decision to deny the installation of a gate across La Costa Avenue
between the EastLake Greens neighborhoods known as Masters
Collection and Bristolwood - Brehm Investment Inc.
Resolution 18':J.'''Denying an appeal of the Planning Commission
decision to deny the installation of a gate across La Costa Avenue, a
private street within the EastLake Greens Planned Community.
SUBMITTED BY: Director of Planning /~
REVIEWED BY: City Manager 'It i', '".)\\ (4/5ths Vote: Yes_No~)
In 1989. the Design Review Committee approved a development plan (Masters Collection) for
parcel R-17 of the EastLakc Greens planned community (see Exhibit A). The project involved
the construction of 214 dwelling units (107 duplexes) along a single private street. The
developer built]] 8 of the 214 dwelling units (59 duplexes) on the eastern one half of the
parcel and sold the remaining land to Brehm Investments, Inc.
In 1994, the Zoning Administrator considered a development proposal known as Bristolwood
for the remaining portion of Parcel R-l7 (western one half of the parcel). The proposal
involved the construction of 96 single family detached homes with a gate across La Costa
A venuc to prevent through traffic between the two neighborhoods. The Zoning Administrator
approved the development proposal, but required that the above mentioned gate be deleted (no
appeal of this decision was filed).
On July 20, ] 995. Brehm filed a ORC application requesting that the gate previously deleted
from thc development plans by the Zoning Administrator be considered again. The applicant
stated that the gate was necessary to reduce potential conflicts and possible litigation between
Master Collection and Bristolwood residents.
The Environmental Review Coordinator has determined that the project IS exempt from
environmental review as a Class 3(e) exemption.
RECOMMENDATION:
That the City Council deny the appeal based on the findings listed in attached City Council
Resolution.
/~"'I
Page 2, Item I V
Meeting Date 2/6/95
BOARDS/COMMISSIONS RECOMMENDATION:
On September 11, 1995, the Design Review Committee considered the above mentioned
request and, after hearing staff s presentation and public testimony, denied the request by
unanimous vote (see Attachment 3).
On November 29, 1995, the Planning Commission, after hearing staff presentation and public
testimony, denied the request by a 6-0 vote (Chair Tuchscher absent) (see Attachment 4).
The applicant has filed an appeal of the Planning Commission decision which is now being
presented for Council consideration.
DISCUSSION:
I. Site Characteristics
The proposed gate is to be located across La Costa Avenue/Torrey Pines between the
residential developments known as Bristolwood and Masters Collection. These two
EastLake Greens neighborhoods are located on the south side of Otay Lakes Road
between EastLake Parkway and Hunte Parkway (see locator/Exhibit B). La Costa
A venue is a private street serving both neighborhoods (Masters Collection and
Bristolwood) with access to and from North Greens View and Masters Ridge Road. The
street has no other connecting streets.
2. Proposal
The project consists of the installation of a 3 ft. high emergency access gate across La
Costa A venue with a hammerhead ("T") turnaround area on each dead end side. The
gate is intended to eliminate continuous vehicular circulation, but allow pedestrian
access between the two neighborhoods. The turnaround on the east side of the gate
(within the "Masters Collection" subdivision) is proposed to be located within the 30
ft. common open space/utility easement adjacent to 2496/2498 and 2497/2499 La Costa
A venue (see Exhibit C). Four mature Jacaranda trees and 684 sq. ft. of lawn area would
have to be removed in order to accommodate the proposed vehicle turnarounds.
The turnaround on the west side of the gate (within the "Bristol wood" subdivision)
would be located within the front yards of 2490, 2492, 2493 and 2495 La Costa
Avenue (see Exhibit C). Both turnaround areas are proposed to be paved with
decorative paving.
I&,' ~
Page 3, Item I~
Meeting Date 2/6/95
3. Analvsis
Parcel R-17 is an inverted "L" shaped parcel that limits the subdivision design to a
single street. The street. which is private, was designed to provide continuous
circulation to and from North Urccnsview Drive and Masters Ridge Road. The
continuous circulation system was also designed under the precept that the siie would
be developed as a single neighborhood, well integrated within the community fabric,
rather than as a divided project.
It is important to note that several landscape islands along the street provide adequate
vehicular turn around at several points along the street. However, these turnarounds
occur some distance away from where the gate is proposed to be installed and
consequently a turn around area on each side of the gate is necessary to provide
cmergency vehicles turnaround areas.
The applicant has indicated that allowing traffic from the easterly adjacent residential
neighborhood (Master Collection) through the l3ristolwood segment of La Costa Avenue
would result in additional wear on the street as well as an increase in liability for
Bristolwood residents.
In support of the proposal, The Masters Collection Homeowners Association and certain
homeowners from the Masters Collection neighborhood as well as home buyers from
the new Bristolwood residential development have expressed desire to have the
proposed gate installed (see Public Input Attachment 5).
In correspondence received by the Planning Department, several area residents and
public agencies that provide cmergency and other services in this area expressed
conccrns about the installation of a gate across La Costa Avenue. According to them,
the gate would make it di rticult to patrol and confusing for those delivering goods and
services for area residents.
Specifically, the Metropolitan Transit Development Board (MTDB), which typically
provides input on all circulation related issues, has indicated that the placement of the
gate at the proposed location would form an artilicial barrier between the two
neighborhoods, restricting continuous vehicular circulation along La Costa Avenue, and
that such action would be contrary to the efforts made at all levels of government to
create more interactive, livable communities. In addition, the proposed hammerhead
turnarounds have not been well integrated within the overall plan to reduce disturbance
to property owners and aesthetic impacts.
The Police Department has indicated that the proposed gate would create a barrier, and
would limit police patrol and increase emergency response time. The Fire Department
/ t -;>
Page 4, Item If
Meeting Date 2/6/95
has indicated that although the time required to gain access through the gate would not
be significant, it may be critical in certain situations.
In stairs review, it was determined that both residential developments have about the
same number of dwelling units and the dividing line is about half the length of the
street. Based on this, it is easily assumed that the number of vehicles crossing the
subdivision boundaries in either direction would be about the same from each side.
Consequently, the street wear on each side would be reciprocally caused by residents
of both sides.
With regard to the liability issue, staff is of the opmlOn that any liability for the
residents of Bristolwood may exist with or without the proposed gate because the street
on each of the neighborhoods is not restricted at the access points. Thus, Masters
Collection residents as well as the general public could have unrestricted access to both
segments of the street.
Based on the concerns expressed by the area residents and input received from the Fire
and Police Department, and other agencies, staff recommended that the proposed gate
not be allowed, and the Design Review Committee and the Planning Commission both
denied the request.
4. Conclusion
For the reasons listed above, staff recommends that the appeal be denied and that other
solutions such as the installation of multiple lines of speed bumps across the street to
discourage trips across neighborhood boundaries, or a reciprocal access and street
maintenance and liability agreement between the two neighborhoods associations, be
explored. Should Council decide to approve the request, the gate design, turn-around
areas, and landscaping should be installed in accordance with the design submitted to
the Design Review Committee.
FISCAL IMPACT:
The applicant has paid for all costs associated with the processing of this appeal.
Attachments
City Council Resolution
2. Exhibits
3 DRC Minutes and Resolullon
4 Planning Commission Minutes and Resolutions
5 Public Input
h. Disclosure StOltcmcnl
(m:\homc\planning\Luis\DRC-9424 _A] 3)
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RESOLUTION
I r .2.P"
RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF
CHULA VISTA DENYING AN APPEAL OF THE PLANNING
COMMISSION DECISION TO DENY THE INSTALLATION
OF A 3 FT. HIGH GATE ACROSS LA COSTA AVENUE, A
PRIVATE STREET WITHIN THE EASTLAKE GREENS
PLANNED COMMUNITY
I. RECITALS
A. Project Site
The gate is proposed to be located across La Costa Avenue/ Torrey Pines
between the EastLake neighborhoods known as Bristolwood and Masters
Collection. These two neighborhoods and the approximate location of the
proposed gate is diagrammatically represented in Exhibit B attached hereto and
incorporated by this reference and identified as " Project Site; and,
B. Project; Application for Discretionary Approval
WHEREAS, on December 8, 1995, Brehm Investments Inc.("Developer") filed
an appeal of the Planning Commission decision to deny the installation of a 3
ft. high gate across La Costa Avenue, a private street within the EastLake
Greens Planned Community ("Project"); and,
C. Prior Discretionary Actions
WHEREAS on September 11, 1995, the Design Review Committee considered
the above mentioned request and after hearing staff s presentation and public
testimony denied the request by unanimous vote; and
WHEREAS On September 25, 1995, the applicant filed an appeal of the Design
Review Committee decision to deny the above mentioned request. Subsequently,
on November 29, 1995, the Planning Commission, after hearing staff
presentation and public testimony, denied the request by a 6-0 vote.
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised hearing on said project
on November 29, 1995 and voted 7-0 to upheld the Design Review Committee's
decision to deny the installation of a gate across La Costa Avenue.
The proceedings and all evidence introduced before the Planning Commission
at the public hearing on this project held on November 29, 1995, and minutes
and Resolution therefrom, are hereby incorporated into the record of this
proceedings.
/~'f
E. City Council Record of Applications
WHEREAS, the City Clerk set the time and place for a hearing on said appeal
application and notice of said hearing, together with it purpose was given by its
publication in a newspaper of general circulation in the City and its mailing to
property owners within 1000 ft from the exterior boundaries of the property at
least ten days prior to the hearing; and,
WHEREAS, at the same City Council meeting, at which this Resolution was
adopted, February 6, 1996, the City Council of the City of Chula Vista denied
the appeal.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
find, determine and resolve as follows:
II PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission
at their public hearing on this project held on November 29, 1995, and the
minutes and resolutions resulting therefrom, are hereby incorporated into the
record of this proceeding.
III. CERTIFICA TION OF COMPLIANCE WITH CEQA
Whereas the Environmental Review Coordinator has determined that the project
is exempt from environmental review as class 3(e) exemption.
IV. NOTICE OF DETERMINATION
The City Council directs the Environmental Review coordinator to post a notice
of determination and file the same with the County Clerk.
V FINDINGS
A. The lot configuration and circulation system within Parcel R-17 was
planned and designed under the precept that the site would be developed
as a single neighborhood, well integrated within the community fabric,
rather than as a self-contained project. The private street within the site
was intended to tie the public street system providing continuous
circulation to and from North Greensview Drive and Masters Ridge
Road. The proposed gate contradicts the original design and, in staff's
opinion, is not a good urban design solution.
B. La Costa Avenue/ Torrey Pines Road has been designed in accordance
with public loop road standards and does not meet public cul-de-sac
design standards. If the gate is installed, each segment of La Costa
Avenue would exceed the 500 ft. maximum length allowed for Public
cul-de-sacs by virtue of each segment being over 2,200 ft in length.
/t .,t
C. The proposed hammerhead turnarounds have not been well integrated
within the overall plan to reduce disturbance to property owners and
aesthetic impacts. The dead end streets and hammerhead turnarounds
reduce the front yards and existing landscape/ open space areas of four
lots (two lots of each subdivision), and creates a less than attractive dead
end street condition.
D. The Police Department has indicated that the proposed gate would create
a visual barrier and would limit police patrol which could increase
emergency response time.
E. The Fire Department has indicated that although the time required to gain
access through the gate would not be significant, it may be critical on
certain situations and it would be preferable to provide uninhibited access
throughout the project.
F. Installation of the gate would be confusing for delivery services as well
as residents' guests.
G. The Design Review Committee and the Metropolitan Transit
Development Board (MTDB) have indicated that the placement of the
gate at the proposed location would form an artificial barrier between
two halves of the same neighborhood restricting continuous vehicular
circulation along LA Costa Avenue, and that such action would be
contrary to the efforts made at all levels of government to create more
interactive, livable communities. The DRC and MTDB have
recommended against placing a gate across La Costa Avenue.
H. Other solution such as the installation of multiple lines of speed bumps
across the street to discourage trips across neighborhood boundaries or
a reciprocal access and street maintenance and liability agreement
between the two neighborhoods associations have not been fully
explored.
v
ADOPTION OF RESOLUTION
In light of the findings above and the public testimony presented at the hearing,
the City Council hereby denies the appeal.
as to fi
i
by
Presented by
Robert A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
l\1:\hom\:\planning\luis\PCM-9('()7_(;cr
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PUBLIC HEARING aiECK LIST
SUBJECT:
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PUBLIC HEARlNG DATE:
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SENT TO STAR NEWS FOR PUBLICATION h BY FAX~ BY HAND_, BY MAlL
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PUBLICATION DATE
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MA1LED NOTICES TO PROPERTY OWNERS
NO. MAlLED ~ ;0
PER GC ~54992 Legislative Staff, Construction Indusrry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK
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COPIES TO:
Administration (4)
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SPECIAL INSTRUCTIONS:
7/93
.55.
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NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE
CITY COUNCIL of the City of Chula Vista, California, for the purpose of considering an
appeal of the Planning Commission decision to deny the installation of a 3 ft. high 16 ft. wide
gate across La Costa Avenue between the neighborhoods known as Bristolwood and Masters
Collection. The neighborhoods are located on the south side of Otay Lakes Road between
EastLake Parkway and Hunte Parkway within the EastLake Greens Planned Community (see
the map duplicated on the reverse side of this notice). The appeal was filed B-EDC17, L.P. c/o
Brehm Investments Inc.
Any written comments or petitions to be submitted to the City Council must be received in the
Planning Department no later than noon on the date of the hearing. Please direct any questions
or comments to Project Planner J. Luis Hernandez in the Planning Department, Public
Services Building, Chula Vista Civic Center, 276 Fourth Avenue, Chula Vista California
91910, or by calling (619) 691-5090. Please include the Case Number noted at the bottom of
this notice in all correspondence
If you wish to challenge the City's action on this application 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 described in this notice. A copy of the application and accompanying documentation
and/or plans are on file and available for inspection and review at the City Planning
Department.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL ON
Tuesday, February 6, 1996 at 4:00 p.m.
Council Chambers, Public Services Building
ChuIa Vista Civic Center, 276 Fourth Avenue
At which time any person desiring to be heard may appear.
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA)
The City of Chuta Vista, in complJing with the American With Disabilities Act, requests individuals who relluire
sJlecial accommodation to access, attend and/or participate in a City meeting, activity or service request such
accommodation at least 48 hours in advance telf meetin~s and 5 days for scheduled sen'ices and activities.
Please contact Nancy Ripley for specific information at (619) 691-5101. California Relay Service is available
for the hearin~ impaired.
Date:
Case No:
January 23, 1996
DRC-94-24
SEE LOCATOR MAP ON REVERSE SIDE.
\ .--11
PROJECT
LOCATION
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CHULA VISTA PLANNING DEPARTMENT
~ APPLICANT. Bristolwood @ Eastlake PROJECT DESCRIPTION:
Greens DESIGN REVIEW
ADDRESS: La Co.ta Ave. &: Mute" RJdge Modification of plans to construct
SCALE: FilE NUMBER: 32 ft wide emergency gate.
NORTH 1" = 400' DRC - 94 - 24
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CITY Of
CHULA VISTA
OFFICE OF THE CITY CLERK
TELFFAX COVER LETIER
Telecopier No. (619) 585-5612
DATE:
~'//7?~
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TO: Star News LeS!:a1 / Martha
FAX NO: (619) 426-6346
FROM:
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SUBJECf:
TOTAL NO. PAGES (including cover):
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PUBllCATION DATE:
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If all pages are not received, please call Carla @ (619) 691-5041.
276 FOURTH AVENl'E . CHULA VISTA. CALIFORNtA 91910 . (619) 691.5041
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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;
An appeal of the Planning Commission decision to deny the installation of a 3 foot
high 16 foot wide gate across La Costa Avenue between the neighborhoods known
as Bristolwood and Masters Collection. The neighborhoods are located on the south
side of Otay Lakes Road between EastLake Parkway and Hunte Parkway within the
EasiLake Greens Planned Community. For further information call Luis Hernandez
in the Planning Department at 691-5090.
If you wish to challenge the City's action on these matters 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,
February 6, 1996, 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: February 24, 1996
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Attn: Bob Hyberger
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James F. Kell, Treasurer
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Chula Vista, CA 91915
EastLake II Master HOA
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Master Collection HOA
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N.N. Jaeshki
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San Diego, CA 92124
Iva l. Butler
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T~;$tar-News
Direct Payments to: P.O. Box 1207, Chula Vista, CA 91912
(619) 427-3000
INVOICE & STATEMENT
18579
~'r
Mail Address:
835 Third Ave, Chula Vista, CA 91911
Date:
Acct No.
1-27-95
cvsossoc
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* PLEASE RETURN ONE COPY OF STATEMENT WITH YOUR REMITTANCE
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FORM SO" 14
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CHULA VISTA STAR-NEWS * NATIONAL CITY STAR-NEWS ~ IMPERIAL BEACH STAR-NEWS
.
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and
a resident of the County aforesaid; I am
over the age of eighteen years, and not
a party to or interested in the above-
entitled matter. I am the principal clerk
of the printer of the STAR-NEWS,
CHULA VISTA, a newspaper of gener-
al circulation, published TWICE-WEEK-
LY in the City of Chula Vista, and the
South Bay Judicial District, County of
San Diego, and which newspaper has
been adjudged a newspaper of general
circulation by the Superior Court of the
County of San Diego, State of
California, under the date of April 23,
1951, Case Number 164327; that the
notice, of which the annexed is a print-
ed copy (set in type not smaller than
nonpareil), has been published in each
regular and entire issue of said news-
paper and not in any supplement there-
of on the following dates, to-wit:
Jk.',IU1\.R7 27,
all in the year 1996
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at CHULA VISTA
California, this -. ~- day of
.,1996
Signature ;l/;b,;"/--:c:.- /-J;;-t~",-,
PRINCIPLE CLERK
-
This space is for the County Clerk's Filing Stamp
....~7", -: ... 'I
Proof of Publicaton of:
_ _ _ _ _ _ _ _-c-;;. :.~..-:;,;: _-:-_'': _ .';__-'_:., t"_7_ ''::: _ _ _ _ _ _ _ _ ~. _ _ _ _ _ _ _ _ _ _ __
NOTICE OF PuBLIC
HEARING BY THE CHULA
VISTA em coONCIL
CHuLA VlSfA,
CALIFORNIA
NOTICE IS HEREBY 0>
VEN THAT'THECHULA
VISTA CITY COUNCil will
hold a public h~ing to
consider tha follOWIng:
An ~a1of the Planning
CommIssion decision' to
deny the installation of" a 3 I
foot high 16 foot wide gate I
across La Costa Avenue be- '
tween the neighborhoods
I known as Bristolwood and
, Masters Collection. The
; neighborhoods are located
i on the south side of Omy
Lakes between EastLake
Parl<way and Hunte Park.
way within the, EastLake
Greens Planned Commun-
ity, . For fur1herinfl?rmatio~
call Luis HemSiiaez. in the
Planning Deparfment at
691-5090.
"'l
If you wish- J4chal1enge
the City's action [Ill, this IT!at-
tar in court, YOu' may be IIl:n-
ited to raisingonlY,-those IS-
sues you or someone. else
raised at ths;,public ,heann.g
described"in;this'no1ice, or In
written cofrespondence de-
livered to the City Clerk's 0,1-
flee at or prior to the. publiC
hearing.
SAIO PUBLIC HEARING
WILL BE HELD BY THE
CITY COUNCIL on Tues- I
day, Februmy 6, 1996, 3;1 I,
4:00 p.m. in the Co~nClI I
Chambers, Public Services !
Building, 2~6 .Fourth
Avenue, at whICh lime any
person desiring to be heard
may appear.
DATED: February 24,
1996
CV07137
1/27/96
"77"
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THE Bu:HM. COMPA..1\JIE<;
Fcb. 5, 1 ~96
Honornbic Mayor and City Council
City of Cliula VISta
Plallldllj; Dep"nlllont
276 FOllnh Alelluc
('hu!.t Vista, CA ~ 1 ~ 10
re; Request [or COlltlnuallce to DRC YJ.2-l for Feb. 6. Aj;enda Bristolwood nnd Mustcrs Collection at
E<tsthkc Gn;cns
Dene HOlJornblc Mayor And City Councll;
As a rcsuit of Oar meeting \\11h City StafT last week we request nddition:1.llimc to prcpnrc <In acceptable
prop,,,,, I Plc;"c ilCCCpt thl\ ICqli~St to hJIC tlic City Cvunci! CVlllltlue Iltc abolc \\1;111\:(,
Thunk )UU U1\l..:(; ag:"I:1l Cor )UJf l\lUp~rlllliJll and 1 iijJologll.C for the deb)'
Sin\:erel) .
~ ~~
Eli\: R. Rcynold.
Project :>1:l":lgcr
Copies Distributed to:
City Council
City Manager
City Attorney
City Clerk
/
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FEB~02-96 02:49 PM
BREHM COMPANIES
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THE BmHM:.COMPANIES
Feb 2, 1996
Ken Lee
Cily of Chula Vtsta
Planning Dcp.1lUnenl
27(, Fuurth Avenue
Chula Vl~ta. CA 9191Q
rc: RC(JlIcst fur COlllil\uancc lO ORe ,)~.2+
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Dear Ken;
Please acceplthis request to hJ\'c the City Council continue the .lbovc mattc:r. Brehm will require
3dditionallimc to prepare an acceptable plOposJI
Thank YOll once ;1&<110 for your cooperation ;lnd 1 apolC1gi:!c fOT the dday
StIlccre1y.
.E
Eric R. Reynolds
ProJecl Mallacor
Date: February 6)1996
page1, Item 7
COUNCIL AGENDA STATEMENT
Resolution J ~;it? ZaiVing competitive bidding requirement for energy
auditing services and executing an agreement with Equitax for same.
SUBMITTED BY: Barbara Bamberger, Environmental ~f.~rce Manag~r 'i-oo ':- ':',
REVIEWED BY: John D Goss, City Manage~ ~~Xl5th Vote: Yes_ NO-1L)
As part of the City's ongoing efforts to save energy a~,lcut ~osts associated with the City's
energy usage, staff is recommending contracting with a utility auditing firm to identify
potential areas of savings through utility bill overcharges or rate structure changes. The
audit will examine the City's water, gas and electric bills for the past three years. These
services are set up on a contingency basis, so there is no up-front cost to the City.
TITLE:
Recommendation: Approve resolution to execute an agreement with Equitax for energy
auditing services.
Boards/Commission Recommendations: n/a
Discussion:
There are two ways in which the City can reduce its utility bills. One is to cut costs by
conserving energy, which the City is aggressively pursuing. The other is often overlooked,
and that it to conduct a utility audit. Utility audits examine the rate structure and purchasing
habits of the City's utilities to determine if the City is getting the least expensive rates, and
to look for utility overcharge errors. An auditing firm can determine whether the City is
receiving the lowest rate available to it. Staff has pursued rate change opportunities and
have moved forward with those recommended by SDGE; however the audit will provide a
more extensive addition to rate changes already identified. It may uncover other savings by
closely scrutinizing the City's bills due to faulty meters including fluctuations resulting in
overcharges, failure to reset the demand indicator, or the wrong 'constant' (which is the
number the meter is set at) may be applied to meter readings. If an incorrect meter
constant is discovered, an overcharge occurs, and the City is entitled to a refund.
The City conducted an informal bid and met or spoke with three auditing companies. All
the companies perform a free analysis and operate on a contingency basis with a 50-50
shared split between the auditor and the client. Because the arrangements were identical
for each company, staff chose Equitax, a company staff felt to be the most reliable,
professional, and successful - in terms of auditing results. To confirm this decision, staff
sent out a quick questionnaire to 6 Equitax cities/clients requesting information about the
/7-/
Date: February 6,1996
page2, Item J 7
clients' experience. Equitax received excellent recommendations. The results are
catalogued below
Equitax will utilize software designed to examine all possible scenarios, setting up database
profiles based on a facility's unique usage patterns. The firm's analysts can also draw on
an assembled library of rates, tariffs and codes for all West Coast cities. Once potential
savings have been identified, the documentation has been reviewed and verified, Equitax
will commence negotiations with the utility on the City's behalf.
Equitax claims that it finds refunds for 70% of its clients. The contract between the City
and Equitax is a contingency arrangement that requires no up-front fee. IF Equitax cannot
identify cost savings from the utility bills, then the City pays nothing. If they do identify
savings, the savings is shared with Equitax after the City receives the savings (either in the
form of a refund or lowered energy bills, or both). Equitax would receive 45% of the energy
cost saving identified from refunds, and an equal fee for uncovering rate structure changes
for a period of two years.
Examples of Other Agency Experiences with Equitax based upon survey results:
Staff polled other cities and counties that have used Equitax's services. A questionnaire
was sent to six clients. Responses are as follows:
The City of Dublin, located in the San Francisco Bay area commented that Equitax found
an error on past bills that amounted to a $25,000 refund for the City. The refund was a
result of a rate schedule error that occurred when the City took over a facility from another
agency. They stated they would never have found it themselves, as the bills were in the
prior agency's possession Dublin had a 50%-50% split and a two year contract with
Equitax.
City staff commented that even though they had to pay Equitax 50% of the refund, it more
than paid for the staff time needed to locate and copy bills for review. They stated that
initially, there was staff time required to provide several years' worth of utility bills. This
included copying the bills and spending time looking for other, older records. They also
commented that the annual savings on current bills was only $4,000 a year. The annual
savings occurred as a result of finding a more economical rate.
Air Force Village West Retirement Community commented that the process did not impact
staff time to a large degree. The area of largest savings identified for Air Force Village
West came from a negotiated change in their electrical rate. The complex received
$17,000 in refunds, of which 50% was paid to Equitax.
The County of Sonoma were very pleased with their results. The Facilities Operations
Manager stated that Equitax's audit found charges on bills from a non-existent meter at one
of their detention facilities, resulting in an $80,000 overcharge rebate and a reduced
17"~
Date: Februarv 6,1996
page3, Item 17
monthly billing, of which Sonoma County had a 50-50 split with Equitax
Locally, Health Care Group, a skilled nursing and retirement home management group
based in Kearny Mesa recently used Equitax. They received refunds of approximately
$25,000 from sewer overcharges, identified savings from incorrect electric rate schedules at
many of their various facilities and identified faulty meters. Health Care Management had a
three year contract with a 50-50% split.
La Jolla Cancer Research Foundation (LJCRF) stated that working with Equitax required
very little staff time. Their net savings will average $4,500 year. LJCRF had a three year
contract with a 40%-60% split. The largest savings came from a change in the electric
rates every 19 months to maximize seasonal differences in rates. They also stated, as
others did, that they would not have identified the area of savings without the Equitax audit.
Fiscal Impact: There is no upfront fiscal impact. Approval authorizes appropriate payments
from the utility accounts. If overcharges have been determined and agreed upon by all
parties, Equitax will receive 45% of the savings identified for two years from the date the
City receives the savings.
Attachment:
Equitx contract and addendum
News articles about Equitax
17,;1/; 7~1
RESOLUTION NO.
/ T2.() ')
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EXECUTING AN AGREEMENT WITH
EQUITAX FOR ENERGY AUDITING SERVICES AND
WAIVING BIDDING REQUIREMENTS
WHEREAS, as part of the city's ongoing efforts to save
energy and cut costs associated with the City's energy usage, staff
is recommending contracting with a utility auditing firm to
identify potential areas of savings through utility bill
overcharges or rate structure changes; and
WHEREAS, these services are set up on a contingency
basis, so there is no up-front cost to the City; and
WHEREAS, if Equitax cannot identify cost savings from the
utility bills, then the City pays nothing; and
WHEREAS, if they do identify savings, the savings is
shared with Equitax after the city receives the savings (either in
the form of a refund or lowered energy bills, or both; and
WHEREAS, Equitax would receive 45% of the energy cost
saving identified from refunds, and an equal fee for uncovering
rate structure changes for a period of two years.
NOW, THEREFORE, BE IT RESOLVED the City council of the
ci ty of Chula vista does hereby waive any requirements in the
Purchasing Ordinance for competitive bidding of this consultant
service.
BE IT FURTHER RESOLVED that the city council does hereby
approve the Agreement with Equitax for energy auditing services, in
such final form as may be adjusted and approved by the city
Attorney, a copy of which will be placed on file in the office of
the City Clerk as Document No.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vista.
BE IT FURTHER RESOLVED that the city Council does hereby
appropriate payments required under this agreement during this
fiscal year to be made from the unspent balance in the utility
accounts which is the subject matter of this agreement which have
been benefitted by the efforts of Equitax by the generation of any
savings. The Finance Director is authorized to designate the
specific accounts.
Barbara Bamberger,
Resource Manager
C:\rs\equitax
Environmental Bruce M.
Attorney
/7-s;17-r;
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Presented by
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'If:' Crt',lll \lk, 1;1\(1. ~lIlli' j).1
1111(11'" ..Wh-l~h--:-qIHI
January 10, 1996
\i:llo'(
Barbara Bamberger
City of Chula Vista
City Manager's Office
276 Fourth Avenue
Chula Vista, CA 91910
Dear Barbara:
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'>(,<wlc
As discussed, our normal contingency arrangement is for three years on a SO/50 basis.
As a concession for cities and counties, we discount our fees by a third and do a two
year contract. In speaking with my supeIVisor, we can reduce our fees to 45%, but no
lower.
Our client list for San Diego is too extensive for me to list, but among the businesses
are:
Collins Company
Asset Management
Somerset Suites
Good Nite Inns
Radisson Hotels
Fitness Advantage
La Quinta Foods
A La Francaise
Western Insurance Company
Calloway Golf
St. David's Episcopal Church
Chase Health Care Management
Con-Am Management
Horizon Hotel
Bay Club Hotel & Marina
Radelow/Gittins
Calcitek
Chateau La Jolla Inn
KFMB AM & FM
Holiday Inns
Church of Nativity
Community Hospital of La Mesa
St. Mark's Episcopal Church
The Bristol Court Hotel
As an update, we recently obtain a $28,000 electric refund for one of the cities I gave
you as a reference, the City of Dublin.
Naturally, call me with any questions.
Sincerely,
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Robert Lansburg
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ry ) \LJ f} ( I 'i f\
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enclosures
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CLIENT:
CITY OF CHULA VISTA
ADDRESS:
276 FOURTH AVENUE
CONTACT:
BARBARA BAMBERGER
CHULA VISTA, CA
TELEPHONE:
91910
THE UNDERSIGNED HAS ENTERED INTO AN AGREEMENT WITH EOUITAX TO SERVE AS CONSULTANT AND AGENT
FOR THE UNDERSIGNED IN CONNECTION WITH THE FOllOWING UTILITY BillS:
[X] GAS
[XI ELECTRICITY
[Xl WATER
@~ SEWER
EQUITAX AGREES TO EXAMINE CLIENT UTILITY ACCOUNTS FOR THE PURPOSE OF DETERMINING OVERCHARGES
WHICH MAY NOW EXIST OR HAVE PREVIOUSLY EXISTED, AND OTHER RELATED AREAS OF SAVINGS. EOUITAX Will
PREPARE DOCUMENTATION NECESSARY TO NEGOTIATE WITH APPROPRIATE UTILITY COMPANY(S) TO HAVE
OVERCHARGES REMOVED, INITIATE SAVINGS AND OBTAIN REFUNDS AND/OR CREDITS FOR PAST OVERCHARGES.
RECOVERED CHARGES
CLIENT AGREES TO PAY EOUITAX FORTY-FIVE PERCENT (45%) OF All RECOVERED OVERCHARGES IN THE FORM
OF REFUND(S) OR CREDIT(S). PAYMENT SHALL BE DUE WITHIN 10 DAYS FROM THE DATE THE CREDIT FIRST
APPEARS ON BilLING OR 10 DAYS FROM RECEIPT OF REFUND.
FUTURE BilLING REDUCTIONS
WITH REGARD TO FUTURE BilLING REDUCTIONS, CLIENT AGREES TO PAY EQUITAX FORTY-FIVE PERCENT (45%)
OF THE CUMULATIVE SAVINGS FOR A TWENTY FOUR (24) MONTH PERIOD BEGINNING THE DATE THE SAVINGS
FIRST APPEAR ON CLIENT'S BilL. All FEES ARE DUE WITHIN 10 DAYS OF BilLING. BilLING Will BE MADE
QUARTERLY.
IN CONJUNCTION WITH THIS AGREEMENT EOUITAX WILL REQUIRE A ONE-TIME NON-REFUNDABLE PROCESSING
FEE OF $~.
IN THE EVENT THERE IS NO REFUND OR CREDIT, OR NO REDUCTION IN THE MONTHl V CHARGES, THERE Will
BE NO FEES BEYOND THE PROCESSING FEE.
AGREED:
TITLE
DATE
ACCEPTED:
EOUITAX
DATE
/7'8"
1-29-1996 d,04PM
FROM ACCOUNTING 408 578 7970
P.2
90 Great Oaks Blv<l.. SuIt. 204
Phon" 408-578-790U
QUIT""
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San I"". r,l,omi. 95119
Fax: ~08-578-7970
5ln Jose [os Angele.: Sedtt/e
ADDENDUM
"The Consultant, eaUITAX acknowledges and agrees that the City's willingness to
enter into this contract is based upon the assumption that throughout the duration of
this contract, the City will continue to receive electronic and gas power (collective.ly,
"city power") from SOOE pursuant to the delivery system in effect as of the date of
this contract.
In the event that (a) there Is a material change In all or any portion of regulatory
structure which governs the delivery system and ourrent rates applicable to all or any
portion of City Power, or (b) the City. in its sole discretion. decides to purchase all or
any portion of Its power from SDGE pursuant to a materially different delivery system,
or from a source other than SDGE, the City, in its sole discretion, upon written notice
to Consultant, shall have the right to terminate this contract. The termination notice
shall specify the effective date of such termination, which date shall be no sooner than
the date 30 days after the date of such notice. Such tennination will be at no cost to
the City, and in the event of such a termination, neither party shall have any further
obligations hereunder.'
17,1
QUIT/j
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San !oSt' fo,<;Angplp\ Scatt!e
ADDENDUM
Changes in the utility rates which are the result of routine rate adjustments by SDGE
do not constitute a basis for termination.
EQUITAX will not participate in savings which are the result of a change in utility
suppliers.
EQUITAX will not participate in savings which are the result of reduced consumption.
EQUITAX will initially analyze the following accounts for the purpose of determining
refunds. Upon notice by the City at a future date, EQUITAX will further analyze said
accounts for the purpose of determining future billing reductions.
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CllY OF
CHULA VISTA
DEPARTMENT OF PUBLIC WORKS
OPERATIONS DIVISION
Mr. Bob Hope; Account Executive
San Diego Gas & Electric
8306 Century Park Court
San Diego, CA 92123-1593
Dear Bob:
January 24, 1996
The city would like to implement the change of the rate structure for ihe
following Buildings:
ADDRESS
452 CST.
276 4TH AVE
276 4TH AVE
276 4TH AVE
385 PARKWAY
707 F ST.
1420 LOMA LANE
361 F ST.
260 GUAVA AVE
METER #
07-4370-2497-0 I
07-4369-3100-0 I
07-4361-3110-01
07-4361-3245-01
07-4355-8046-00
08-4441-2906-00
11-4623 - 7720-01
05-4320-4505-00
07 -4361-3200-00
OLD RATE
AD
AD
AD
AD
AD
AD
AD
AD
AD
NEW RATE
ATOU
ALTOU
ALTOU
ALTOU
AL TOU
ALTOU
ALTOU
ALTOU
ALTOU
Please review these locations and ensure that these are the best possible rate
structures for the city at this time. These requests are based on information
supplied to the city in October 1995 by San Diego Gas & Electric, that the city
would, at these locations, save on their utilities' bills over the period of a year. If
you have any information please telephone me at 691-5110.
s~'n/ '
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Rick atZ~
Acting Building Services Superintendent
cc: Dave Byers
John Lippitt
George Krempl
Bob Powell
Barbara Bamberger
RM:nr (sdge)
/7.-1/
707 F STREET CHULA VISTA. CALIFORNIA 91910.(619) 691-5027
EQUITAX
90 GREAT OAKS BLVD, SUITE 204
SAN JOSE CA, 95119
800-359-0010
WHO WE ARE
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EQUITAX is a highly specialized utility cost
auditing company. We do utility cost reductions
for property owners and businesses on a pure
contingency basis. Our fee is tied directly
to results. If you don't receive refunds and
YOUR PART
You simply provide copies
of your gas, electric, water,
sewage and property tax bills
for one year. Submit these
to EQUITAX along with your
signed agreement and
authorization sheets.
CHIEF AUDITOR
& NEGOTIATOR
Dy now, all the documentation
has been reviewed and
verifications have been
completed. A final review
of your completed file is
performed. EQUHAX's Chief
Auditor commences
negotiations with each of
the individual utilities
on your behalf.
J
APPROVAL &
NOTIFICATION
When negotiations wilh
each utility arc completed,
you are sent a report by
EQUITAX advising you of
each and every money saving
change and refund. Included
as part of the report are
our copyrighted charts and
graphs illustrating yOUf
l'tlVings.
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or reductions, there is no fee. The following
flow chart outlines the path your audit will
take from receipt of bills until you receive
your refunds and cost reductions. A typical
audit will require 3-6 weeks to complete.
PROCESSING
All documentation is reviewed
and all relevant information is
organized and entered into our
computers. It is critical to
provide all requested papetwork
to ensure the speedy processing
of your application.
AUDITING
Based on OUf auditor's
comprehensive knowledge
of rates, tariffs, codes
and other cost reduction
methods we thoroughly
analyze each of the four
utilities for savings and
refunds. Your profites arc
then compared with similar
users to explore possibilities
of additional refunds or
reductions.
FOLLOW. UP
You will receive yOUf ref uods
in a matter of weeks and cost
reduclions shortly thereafter.
Vou will be billed at the end
of each quarter, after you have
had use of the savings for a
full three months. At the end
of each year a complete review
of the year's activity will be
done for your business to
assure all of the utilities
are in compliance with the
cost savings instituted by
EQUITAX. Fine tuning and
adjustments are performed
as required.
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DATABASE PROFILE
EQUITAX sets up database
profiles based on your
facility and your unique
usage patterns using our
proprietary software.
Our representative will
interview your site
manager and conduct on-
site investigations where
necessary.
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WE APPRECIATE THE OPPORTUNITY TO SERVE YOU.
SOME OF THE CLIENTS WE HAVE REPRESENTED INCLUDE:
Catholic Diocese of Santa Rosa
City of Albany
City of Clayton
City of Lafayette
City of Los Altos
City Of Monterey
City of Palo Alto Housing Corporation
City of Pittsburg
City of San Pablo
City of Sebastopol
City Team Ministries
Counly of Amador
County of Colusa
County of Mendocino
County of Santa Clara Housing Authority
County of Sonoma
County of San Luis Obispo Housing Authority
Naval Weapons Community Federal Credit Union
Poor Sisters of Nazareth
Resolution Trust Corporation
Salvation Army
Sulphur Springs Union School District
West Valley Mission Community College
YMCA
YWCA
-
17'1'>
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 2/6/96
ITEM TITLE:
Report: EastLake Community Center Negotiations between City and EastLake
Development Company
Director of Parks and Re~f:~'
City Manager~ \o..j ~
On December 12, 1995, Council considered the Sectional Planning Amendment (SPA) and Public
Facilities Financing Plan (PFFP) for EastLake Greens. Although Council approved the SPA and PFFP,
they deferred a final decision on the PFFP language dealing with the community center until a resolution
could be reached on the financing and construction of this facility. EastLake Development Company's
(EDC) position has been that the community center is no longer their obligation because they have spent
in excess of $2.6 million dollars on the community park. However, staff cited the EastLake Park
Agreement as the as the legal basis for requiring EDC to build a community center (Attachment A).
Council re-considered this item on December 19, 1995. Unable to reach closure on this issue, the City
Council directed staff to negotiate with EDC. This report will address the status of these negotiations.
SUBMITTED BY:
(4/5ths Vote: Yes_No_XJ
REVIEWED BY:
RECOMMENDATION: That Council approve staff's negotiated position Deal Points (one through six)
and authorize the use of the Deal Points in the text of the Public Facilities Financing Plan.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The EastLake Park Agreement required EDC to build: 1) a 14.9 acre park; 2) a
gymnasium; and 3) a community center. Since the Agreement was approved by the Council in ]989,
the park has been constructed. In addition, the financing of a gymnasium is guaranteed in the EastLake
III Agreement (Trails, Vistas, Woods and Business Center). Funds for constructing the gym will be
available upon the approval of the first tentative map of the Trails. The two remaining obligations
include the community center and a $500,000 cash security deposit, which was to have guaranteed the
provision of an additional 5 acres of land in EastLake III. The City is also holding $500,000 of
EastLake's money, plus interest, which was to have been returned to them upon completion of the
Community Park.
NEGOTIATIONS
Since the above-mentioned Council meeting, a series of negotiations were held with EDC to reach closure
on EDC's public facility obligation - the Community Center. Staff involved in the negotiations included
the Assistant City Manager, Deputy City Manager, George Krempl and the Director of Parks and
Recreation. The negotiators from EDC included Bruce Sloan, Bill Ostrem, and Katy Wright.
EDC has interpreted the EastLake Park Agreement construction estimate of $2.6 million dollars as
limitation (or cap). EDC also maintains that if this City requirement is upheld by the Council, EDC
should be entitled to receive 100% of the construction cost in the form of future park credits.
[NETWORK: -A13-ELCTRNEG.A13 February 1, 19961
IF-I
Page 2, Item _
Meeting Date 2/6/96
Conversely, staff believes the park construction estimate was an amount that would be refined once the
construction documents were completed. Moreover, EDC is required to build the community center, and
park credits for the community center should be allocated based on a proportionate share that EastLake
Greens is to the total EastLake Project. Simply stated, the cost of the facility should be spread based on
the number of units built (population demand) in each phase of development (EastLake I & II & III),
rather than being "backloaded" into future developments.
Within a general context, staff has moved considerably from its original position. Throughout the
negotiation process staff made significant concessions towards achieving a "win-win" agreement. Despite
considerable movement, both parties have reached an impasse. To understand EDC's current position,
see Attachment "A", and Deal Points I-I] beginning on page three of this report. This has resulted in
a greater degree of negotiable distance between EDC and the City. To illustrate this point, the following
narrative will explain the original position of both parties in December, staff's counter offer based on the
Council's parameters and EDC's final offer.
ORIGINAL POSITION PRESENTED TO COUNCIL ON DECEMBER 9. 1995
CITY'S ORIGINAL POSITION EASTLAKE'S ORIGINAL POSITION
Deal Point 1: EastLake is required to finance and build a Deal Point 1: EastLake has met its park
Community Center in accordance with the EastLake Park obligation by constructing a community park in
Agreement. excess of $2.6 millon dollars.
Deal Point 2: The $2.6 million dollar estimate for the Deal Point 2: The $2.6 millon dollar estimate
community park served as a financial parameter for Park was the maximum dollar amount for
and Facility construction. It was the intent of both parties constructing the park and recreation facilities.
to utilize future "park credits" in EastLake I, EastLake Since the project cost was approximately $2.6
Greens and EastLake 1II if the cost of the project million dollars, EastLake is willing to pay
exceeded the construction estimate. $309,865 for the Community Center.
[NETWORK: -A13-ELCTRNEG .AU .-February 1, 1996J
/f -d-.
Page 3, Item _
Meeting Date 2/6/96
CITY'S ORIGINAL POSITION EASTLAKE'S ORIGINAL POSITION
Deal Point 3: The Community Center is estimated to Deal Point 3: (a) EastLake is not obligated to
cost one million dollars, excluding plan development, plan finance (in its entirety) or build a community
check and inspection fees. center because it has met its obligation through
the provision of a $2.6 millon dollar park.
(a) Recognizing that EastLake is still obligated to finance Therefore, the company should not be required
and build the community center, EastLake must bond in to bond for $700,000 dollars.
the amount of $700,000 (+ $309,865 in interest earned),
to ensure the construction of the community center. (b) EastLake is willing to commit $309,865 in
interest collected from the security deposit used
(b) EastLake must address any shortfall in improvement for Chula Vista Community Park. The
monies between to total amount of park fees that would shortfall of approximately $700,000 should be
have been paid by the Greens Project at build-out the obligation of other development companies
compared to the amount of park improvements credited in the City that have paid or will pay park
through their public park construction and credits for funds in Chula Vista.
private parks.
Deal Point 4: The construction of the Community Center Deal Point 4: Approximately $309,865 dollars
could be funded from the following sources: interest in interest collected from the security deposit
accrued from the security deposit for the Community for Chula Vista Community Park could be
Park, possible park obligations from the "land swap" programmed with other monies from non-
parcel or future PAD Fee obligations from EastLake EastLake Developments.
Development.
Deal Point 5: The City would allow returning the Deal Point 5: EastLake is entitled to receive
principle amount of the deposit, $500,000, and keep the $500,000 dollars in a Park Reimbursement for
interest earned (approximately $300,000). EastLake meeting its park obligation for the construction
would then bond $800,000 towards the cost of the of the Community Park. The funds would be
Community Center. reimbursed once the interest collected from
these monies was transferred to the PAD Fee
Account. The interest ($300,000) would then
go towards the construction of the Center.
This amount would satisfy EastLake' s
Community Center obligation.
[NETWORK:-A13-ELCTRNEG.A13-February 1, 19961
IK~3
Page 4, Item _
Meeting Date 2/6/96
CURRENT COUNTER OFFER AS OF THE COUNCIL MEETING OF FEBRUARY 6.1996
(The Items with Asteriks Represent Areas of General Agreement. All Items will be Discussed in Further Detail in the Staff
Analysis)
CITY'S COUNTER EASTLAKE'S COUNTER
* Deal Point I: City to allow EDC to receive $2.6 millon * Deal Point I: Staff believes EDC will accept the
dollar park credit on the construction of Chula Vista $2.6 million dollar park credit.
Commuuity Park. This has a valuc of $75,000 dollars.
* Deal Point 2: The City will refund $787,000 to EDC. * Deal Point 2: EastLake will accept money.
* Deal Point 3: EastLake to bond for construction of the * Deal Point 3: EDC bonds for $800,000 dollars
Community Center in the amount of $800,000 dollars with "Principle obligation" of the Community Center. Bond
an annual inflation factor tied to the Engineering News is reissued every two years in principle amount and
Record (ENR). The City would apply park credit to the ENR index inflation from original bond date.
amount of funds created by the ENR Inflation Factor in the
same manner as the principle obligation.
* Deal Point 4: The City would not call for the * Deal Point 4: EastLake will build a turnkey
commencement of construction of the Community Center Community Center (commence construction on July 1,
earlier than 1999. Eastlake will build a turnkey Community 1999) or later, if agree to by the City.
Center, at the City's option.
Deal Point 5: EDC to receive Park development credit Deal Point 5: Upon completion of Community Center,
based on the proportionate share that EastLake Greens is to EDC would like to apply $ 500,000 in credits to
other EastLake developments. This is estiamted to be 40% EastLake III or Land Swap or market the credits to
or $320,000. other developers.
* Deal Point 6. The City will waive the bonding * Deal Point 6: EDC provides 5 acres per EastLake
requirement for the five acre park land obligation. III Development Agreement and have no current
(Estimated savings to Eastlake - $10,000 - $20,000 per security obligations for this facility.
year).
[NETWORK: -A13-ELCTRNEG.A13-February 1, 1996]
16-1
Page 5, Item _
Meeting Date 2/6/96
ADDITIONAL DEAL POINTS PROPOSED BY EDC
EASTLAKE'S NEW COUNTER OFFER CITY'S COUNTER OFFER
Deal Point 7: EDC's financial obligation for the Subject to further negotiations,
Community Center's including but not limited to fees, this Deal Point could be resolved with EDC.
permits Construction Management and hard cost is a
maximum of $800,000, plus ENR inflation to the
construction date. Declare EDC's Green's Park Obligation
satisfied and release $787,161 (plus) currently held.
Deal Point 8: Agree to a construction schedule for (ED C) Subject to further negotiations.
Greens future parks and agree that current bonds for thesc This Deal Point could be resolved through
facilities are adequate to allow interim Greens development more flexible language.
to proceed.
Deal Point 9: Agree that future park facilities in the EDC This EDC language could be modified
Greens currently planned are adequate to satisfy park with alternative language that would
obligations of EDC Greens SPA and tentative map. be favorable to the City.
Deal Point 10: Agree to apply excess Park Acreage in DENY EDC'S DEAL POINT
Greens to EastLake III or land swap requirements as
requested by EDC in the future. (Put a formula in the
Agreement so not interpretation required).
Deal Point 1l: Allow EDC to receive $500,000 in Park DENY EDC'S DEAL POINT
Crcdit when the Center is completed. Allow EDC to
"market" these credits to other Chula Vista projects that are
faced with paying Pad Fees.
POINTS OF MUTUAL AGREEMENT
Deal Points 1-4, appear consistent with staff's position. For Council's information, staff will explain each deal point
and their impact to the City.
Deal Point 1: City acknowledgement of a $2.6 millon dollar expenditure by EDC for constructing the
Community Cenier
Chula Vista Community Park was dedicated to the City in January of 1995. The park was constructed as a
"turnkey" project by EDC in accordance with the EastLake Park Agreement. The Park and Community Center was
estimated to cost $2.6 millon dollars. While closing out the construction project, EDC contended they spent over
[NETWORK: -A13-ELCTRNEG.A13-February I, 1996]
Ik.5
Page 6, Item _
Meeting Date 2/6/96
$2.6 millon dollars for just the park. Staff audited the construction expenditures and found expenses not usually
considered part of a turn-key project, e.g. Otay Water District annexation fees and Telegraph Canyon drainage fees.
Accordingly, staff approved an expenditure of $2.5 million dollars for the Community Park.
Therefore, in the first deal point, the City will acknowledge an EDC expenditure of $2.6 millon dollars. This is
an important concession by the City because staff believes that certain fees should not be included in a turn-key
project. However, in an attempt to achieve closure on the Community Center negotiation, staff is willing to concede
to the $2.6 millon dollar expenditure. Although EDC has not formally responded to this deal point, staff is
confident that it would be acceptable to EDC. Approximately $74,380 dollars of Park Credit would be formally
acknowledged by the City as a legitimate EDC park expenditure.
Deal Point 2: Refund $787,000 to EDC
This deal point represents considerable movement by the City to reach an agreement. Staff's initial starting point
was to keep the cash deposit because EDC never paid the $500,000 cash security deposit for the five acres of
parkland lost in the EastLake ! (EDC owed per EastLake Park Agreement one million dollars in cash security
deposits for the construction of the park 1$500,000] and five acres of land [$500,000]. We then agreed to let
EastLake satisfy the guarantee of the five acres of land through posting of a bond. Finally we dropped that
$500,000 bond requirement altogether in the interest of reaching an agreement (See Deal Point #6 below). In lieu
of cash, for the Community Center, the City would require EDC to bond in the amount of $800,000 toward
community center construction. EDC would receive a cash reimbursement and a conditional delay in their financial
obligation to build the community center. EDC is in agreement with accepting the funds.
Deal Point 3: $800,000 Bond for the Community Center
There is no major disagreement between both parties on this deal point. Basically, EDC will bond for community
center improvements and assume the financial responsibility of any inflationary construction cost over the next few
years. The minor difference in this deal point is that EDC wants to reissue the bond every two years. Staff has
no problem with this counter-offer.
Deal Point 4: Construction Timetable
No disagreement exist on this deal point. This particular issue deals with the party responsible to construct the
facility. In this case, the City will have the authority to require the construction of the facility on (or Later than)
July 1999. Further, the facility will be built by EDC.
Deal Point 5: Distribution of Cost
Staff's position is to distribute cost is based upon the number units built or to be built in all phases (EastLake !, 11
and 1II). EDC wanls the tOO% of the cost to borne out of future EastLake development phases. The problem with
allowing EDC to collect credit on future phases is the unknown impact that it would have on the developer's future
park obligations. In other words, we could end up with a shortage of park funds for East Lake III residents because
we used the money to finance the community center.
Deal Point 6: Reimbursement of Park Fees Collected/Waiving of Bond Reqnirement
These deal points represent significant movement by the City. As noted in the original City position, EDC would
not receive a reimbursement of their park construction security deposit because EDC never met their $500,000
dollar security deposit obligation for the five acres of parkland that was lost (due to privatization) in EastLake I.
LNETWORK:-A13 ELCTRNEG.A13-February 1, 1996]
/8-10
Page 7, Item _
Meeting Date 2/6/96
The funds that were collected came from a parks impact fee from EastLake I.
However, staff has waived the $500,000 cash security deposit and waives the bonding requirement for the 5 acres.
Staff is confident that the City will not lose acreage on this concession because it is called out as a requirement in
the Eastlake III Agreement. In this staff concession, EDC would save money because they wouldn't have to bond
for the park.
POINTS OF DISAGREEMENT
Although staff characterizes this section as points of disagreement, it does not rule out the possibility that some of
the deal points can be negotiated. Listed below is a breakdown of additional deal points offered by EDC.
EDC's Deal Point 7: Release of Park Obligation
This EDC deal point can be broken into two parts: I) EDC to receive full credit for construction - related fees and
construction management; and 2) a City declaration that EDC's Greens Park obligation has been satisfied.
First, staff does not support allowing EDC to receive credit for all their fees, permits and construction management
because it would draw down on the amount of funds allocated for the hard cost of construction. However, there
could be City movement on this deal point. Staff does not have a problem with EDC receiving credit for developing
the construction plans, City plan check and inspection related costs. The unacceptable cost would be things like
water district annexation fees, drainage fees, etc. Second, their request for the City to declare their Green's
obligation satisfied is unacceptable based on the fact that they have other unfulfilled park obligations in the Greens.
Specifically, they must perform on the 10 acre neighborhood park; submit park plans for the private park to
determine if the park is eligible for park credits; and construct a trail and "lookout" points around the EastLake Golf
Course.
Based on past park development history with EDC, there are no guarantees the park will be 10 acres. For
example, site conditions and adjoining land uses have sometimes dictated the size of a park. ]n the case of the
community park, it was reduced from 14.9 acres to 12.9 acres because of these unforeseen circumstances.
Therefore, staff believes it is advisable to remain non-committal on the language suggested by EastLake.
EDC's Deal Point 8: Agreement to a Construction Schedule and Current Bonds
Although staff is not completely adverse to agreeing to a construction schedule, staff wants to ensure that there are
contingencies in the schedule to ensure the City has adequate resources to maintain additional acres of parkland.
Accordingly, the City should not be forced to commit to a schedule that is not in sinc with its financial resources.
On the subject of park improvemenl bonds and their acceptability, staff would need more time to review their
adequacy.
EDC's Deal Point 9: Satisfaction of EDC Park Obligation in the Greens
In this deal poiot EDC wants the City to agree that all park facilities contemplated in the Greens satisfy city park
requirements. Similar to Deal Point 7, staff believes it is premature to acknowledge that EDC has met its park
obligation in the Greens. Acknowledgement that a developer has met their park obligation occurs when a park or
recreation center is delivered, and not during the planning stages.
EDC's Deal Point 10: Application of "Excess" Park Acreage Credit to Future Developments
[NETWORK:-A13-ELCTRNEG.A13-February 1, 1996]
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Page 8, Item _
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Staff must iterate the analysis stated in response 7 & 9. It is too premature to acknowledge EDC has delivered
"excess" park acreage, particularly when they have not completed a 10 acre neighborhood park, a Golf Course
Trail/lookout nodes and design plans for the private neighborhood park.
EDC's Deal Point 11: City allows EDC to receive $500,000 in "Cash" Park Credits and Marketing the
Credits to other homebuilders in the City.
Apparently, the homebuilders who purchase the park credits from EDC would use them to mitigate their park
obligation.
EDC should be entitled to receive park credits if they meet their community center obligation. However, credits
would be applied proportionate to each development phase: EastLake I, II, and III. Secondly, EDC's proposal to
market the credits is inconsistent with the City's Parkland Dedication Ordinance. It could result in park deficiencies
in other parts of the Community.
CONCLUSION
The negotiation process concerning the parks and recreation center can be best characterized as a protracted process
that has lasted for over a year-and-a-half. Both parties strived to resolve multiple park issues without having to
involve the Council. On the positive side, many issues concerning the construction of the community park and the
maintenance turnover to the City have been settled through mutual agreement. Obviously, the only item requiring
resolution is the Community Center.
For the most part, staff believes the core of the issue dealing with community center funding has been resolved.
EDC has agreed to fund a majority of the project at a cost of $800,000. In addition, under the current negotiated
position, the City would need to come-up with an additional $200,000 - $300,000 dollars to fully fund the project.
With respect to EDC's counter offer (Deal Points 7-11), there could be some flexibility in staff's position,
contingent upon further Council direction.
As noted earlier, City staff and EDe are at impasse in the community center negotiation process. Three options
are available to the Council in making a final determination on this issue:
I) Require EDC to build the Community Center in accordance with the PFFP. (This is staff's recommended
option)
With respect to the EastLake Park Agreement, Council envisioned a community park, gymnasium and
community center. To understand the intent of all three agreements, staff has attached past Council Agenda
Statements addressing the intent of the three agreements (Attachment C, D, & E).
2) Support EDC's position that the Community Center is no longer their obligation because they built a park
that cost in excess of $2.6 millon dollars. If the PFFP language is supported, they may apply future park
credits or use excess credits from future phases of development.
3) Resolve the issue through binding arbitration Of mediation as suggested by EDC. It is not known what the
fiscal impact would be for this service. If Council chose this option, staff recommends EDC pay for the
cost, and the decision be non-binding.
FISCAL IMPACT: It will cost approximately one mill on dollars for the construction of the Community Center,
excluding fees, permits and construction management. EDC has proposed an $800,000 financial commitment to
[NETWORK:-A13-ELCTRNEG.A13-February 1, 1996]
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Page 9, Item _
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the Community Center, plus any inflationary cost based on the Engineering News Record. The City will be
responsible to pay the remaining amount of $200,000, $300,000 towards the Community Center construction. Once
the facility is constructed, there will be a financial impact to operate and maintain the Center. These cost have not
been established yet.
Attachment,
A "Information Item/Council Agenda Statement dated December III 1995
B "EastLake letter addressed to Mr. Sid Morris dated January 17, ] 996
C "Staff Report on EastLake Park Agreement"
D "Staff Report on EastLake Greens Agreement"
E "Staff Report on EastLake III Agreement"
[NETWORK:-A13-ELCTRNEG.A13-February 1, 1996]
/J' -~'i-II
Attachment Al
MEMORANDUM
December 14, 1995
Subject:
The Honorable Mayor and City Council C I
John D. Goss, City Manager,J~ '0Q~\
Jess Valenzuela, Director of Parks and ReCreatiOn~
DIFFERENCES BETWEEN STAFF'S POSmON AND EASTLAKE
DEVELOPMENT COMPANY'S POSmON ON TIlE FINANCING AND
CONSTRUCTION OF A COMMUNITY CENTER L~ EASTLAKE GREENS
To:
Via:
From:
As a follow-up to last week's consideration of the Council Agenda Item, "Eastlake Public
Facilities Financing Plan - EastLake Park Issues," staff is presenting the major differences
between staff's position and EastLake Development Company's position concerning the fmancing
and development of a community center. Attached to this memorandum is a delineation of both
parties' position and a copy of last week's Council Agenda Statement.
[NETWORK.1V-MEMOS-PF. ?NFO.ITM.Dcambcr \0, 1995]
~-I{)
PUBLIC FACILITIES FINANCING PLAN
PARK ISSUES
Attachment A2
PRACTICAL DIFFERENCES
STAFF'S POSITION EASTLAKE'S POSITION
I. EastLake is required to fmance and build a Community 1. EastLake has met its park obligation by
Center in accordance with the EastLake Park Agreement. consuucting a community park in excess of $2.6 millon
dollars.
2. The $2.6 million dollar estimate for !he community park 2. The $2.6 millon dollar estimate was !he maximum
served as a financial parameter for Park and Facility dollar amount for consuucting the park and recreation
consuuction. It was !he intent of both panies to utilize facilities. Since !he project cost was approximately
future 'park credits' in EastLake Greens and EastLake m if $2.6 million dollars, EastLake is willing to finance
the cost of !he project exceeded !he consuuction estimate. o~y a ponion of !he eonstrUC!ion of the Community
Center.
3. The Community Center is estimated to cost one million 3. (a) EastLake is not obligated to finance (in its
dollars. entirety) or build a communiry center because it has
met its obligation through the provision of a $2.6
(a) Recognizing that EastLake is still obligated to fmance millon dollar park. Therefore, !he company should not
and build the community center, EastLake must bond in the ~ obligated to bond for $700,000 dollars. _______
amount of $700,000 (+ $309,865 in interest earned), to ("
ensure the construction of the community center. (b) EastLake is willing to commit $309,865 in interest
evllected from the security deposit used for Chula Vista
(b) EastLake must address any sbonfall in improvement Community Park. The shonfal! of approximatelv
monies between to total ~;nount of park fees that would have :.700,000 should be the obligation of other development
been paid by the Greens Project at buildout compared to the \ i ompanies in the City that have paid or will pay park
amount of park improvements credited through their public : "LIis in Chula Vista.
park consuuction and credits for private parks.
4. The consuuction of the Community Center could be 4. Approximately 5309,865 dollars could be
funded from !he following sources: interest accrued from !he programmed with other monies from non-EastLake
security deposit for the Community Park, possible park Developments.
obligations from the 'land swap' parcel or future PAD Fee
obligations from EastLake Development.
5. The City should continue to negotiate with EastLake on 5. EastLake is entitled 10 receive $477,296 dollars in a
!he return of !he $477,296 dollars previously collected park Park Reimbursement for meeting its park obligation for
impact fees. EastLake is proposing 10 submit a bond in place the construCtion of the Community Park. The funds
of !he cash deposit. According to the EastLake Park would be reimbuned once the inleresl collected from
Agreemenl, approximately $477,296 collected in Impact !hese monies was transfetTed to !he PAD Fee Account.
Fees would be released upon !he exeeution of !he
consuuction documents for the Park. II is ltaff's position
that EastLake never fulfilled a different obligation in !he
Park Agreement 10 deposit an additional $500,000 dollars to
serve as security for the (5) acres of parkland lost in
EastLake I. In lieu of this unmet obligation, the City is still
holding the $500,000 of ::JIjlac1 Fees deposited from
EastLake 1.
(1tt....ORX-JV.ELPTFP.ICTS.o.cember 2... 1"5]
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Attachment A3
COUNCIL AGENDA STATEMENT
Item
Meeting Date 12/12/95
SlJBMITIED BY:
Report: EastLake Park Issues
Director of Parks and Recreat~
City Manager
(4/5tbs Vote: Yes _ No .xJ
ITEM TITLE:
REVIEWED BY:
This report addresses an unresolved park issue associated with the processing of amendments to the
EastLake Greens Public Facilities Financing Plan (as identified in the GDP/SPA Plan Amendment). The
main focus of this report is to ensure that the community center identified in the EastLake Park
Agreement is financed and constructed by the EastLake Development Company.
Over the past year, staff has been negotiating with EastLake to settle their remaining park obligation for
the community park in East Lake Greens. The obligation entails the construction of a community center
at Chula Vista Community Park. The obligation was negotiated as a result of the loss of public parkland
in EastLake I (Hills and Shores) and the privatization of said land. Although the community center will
not be constructed in the near future, staff wants to ensure that this obligation is not forgotten. At the
core of our discussions has been whether Eastlake met its park and recreation obligations in EastLake
I and EastLake Greens. Although EastLake has co'1Structed and met its community park obligation
(Chula Vista Community Park), they haven't met their facility obligation. Described below are the
viewpoints of both parties.
City Staff Position: EastLake Development Company is required to build a community center at Chula
V ista Community Park at some future date in accordance with the Eastlake Park Agreement (See Section
3.2 [B] Developer's Commitment and EastLake Park Master Plan - Attachment "A".)
EastLake Development Company's Position: EastLake believes they have fulfilled or exceeded their
$2.6 million dollar park obligation through the provision of a community park in EastLake Greens.
Further, EastLake believes the obligation to build a community center is a city-wide obligation that should
be shared with the other developers in the City. EastLake has proposed some alternative language to the
Public Facilities Financing Plan (see attachment "B").
STAFF RECOMMENDATION: That Council adopt the General Development Plan and SPA Plan
Amendment, and the amended language in the Public Facilities Financing Plan as presented by staff.
BOARDS/COMMISSIONS RECOMMENDATION: None
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1
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Attachment A4
Item
Meeting Date 12/12/95
DISCUSSION:
Park Historv in EastLake
To understand the park issues associated with the processing of these documents, it is important to explain
the historical sequence of events and past actions the Council has taken in EastLake I (Hills and Shores),
the EastLake Park Agreement, the EastLake II (Greens) Development Agreement and the EastLake III
(Trails, Woods and Vistas) Development Agreement. All three Agreements compliment one another with
respect to parkland and recreation facility allocation, financing and construction.
In 1985, the City Council approved the General Development Plan and Specific Plan for EastLake Hills
and Shores neighborhoods, which included approximately 2,384 dwelling units and various parks and
open space facilities. Some of the facilities were deemed exclusively private and others opened to the
general public but maintained by the EastLake Homeowners Association. In 1988, EastLake residents
expressed concern to the Council about continued use of these privately maintained park facilities by the
general public.
In December of 1988, staff returned to Council with options on how these public facilities could reven
back to private ownership. At that time, Council adopted the following reconunendations: 1) accept the
concept of returning 5 + acres of public park facilities in EastLake Shores to private domain in
exchange for comparable park acreage and upfront development funds to build a community park,
2) prepare a . esolution of intention to vacate certain public service easements, 3) process an
amendment to the EastLake 1 SPA declaring said park facilities as strictly private facilities for
EastLake home owners, and 4) prepare an agreement with EastLake which required them to finance
a community park in one phase in exchange for future park land acquisition and development
credit. Council also directed staIT to add the 5 acres of park land that was lost due to privatizing
the common area around the lakes into future developments. On a side note, the five acre obligation
was added to the Eastlake III (Trails, Woods, Vistas) Development Agreement.
Staff informed the Council that the Conununity Park (Chula Vista Conununity Park) would include a
conununity center and gymnasium. Funher, under the fiscal impact statement, staff informed the Council
that $1.5 million dollars would pay for the complete development of the conununity park (based on
current cost estimates [1988 costs]), with a caveat that final credit would be based on actual construction
costs. These cost estimate was later refined to the amount of $2.6 million dollars.
EastLake Park Agreement. In 1989, staff returned back to Council with the EastLake Park Agreement
and a park master plan. The plan called for a 14.7 acre park, containing a conununity center and
gymnasium.
The Agreement also called out that the City would return to EastLake the $500,000 in cash that was
collected as park development impact fees in EastLake 1. These funds were to be placed in an interest
bearing account and have not been returned to EastLake. In addition, EastLake was required to deposit
$500,000 in cash to serve as security for the 5 acres of park land that was lost in EastLake 1. The
(M:IJiOME\P ARKSRED.A113\ELPRARK.A13]
2
/9- /,3
Attachment AS
Item
Meeting Date 12/12/95
financial obligations identified in this particular Agreement playa significant role in EastLake's proposal
before you tonight. This issue will be discussed in detail further on in this report.
Another item addressed in the staff report dealt with facility size. The gym was initially scheduled to be
3,500 square feet and the Community Center 5,500 square feet. Staff informed Council that the gym was
too small to adequately conduct sports activities. Consequently, the council directed staff to plan a larger
gym. The specifics of the agreement are listed below:
(b) Developer shall construct a 14.7 acre park ("Community Park") adjacent to the proposed
EastLake High School within twenty-four (24) months of the effective date of this
Agreement. Upon completion of the construction of the Community Park and the
expiration of a normal maintenance period for public facilities, Developer shall convey
the Community Park site to the City.
Community Park improvements shall be as described in the Wimmer Yamada &
Associates Master Plan Estimate (see Attachment "C"). It is estimated that the total
improvements will cost $2,605,043. Developer shall be entitled to park credits for its
actual cost in constructing the improvements. Actual costs shall include only the
following:
I) Construction costs inclUding site preparation, grading, soil te.~ting and
comoaction costs;
2) Landscaping, architectural and engineering costs;
3) Labor and material costs;
4) Insurance, fees and pennit costs
City shall retain the right to approve all construction plans and deny credit for any costs
deemed unreasonable by the City.
This credit shall be applied against Developer's future park acquisition and development
obligations for EastLake Trails portion of EastLake II.
Smaller Park: Subsequent to the ] 989 action noted above, two significant turn of events occurred in
1990 while the construction plans were being formulated: I) The Community Park became smaller, and
2) a recognition that the cost of the park and facilities, were going to exceed the $2.6 million dollar
estimate if the gym was enlarged.
EastLake Development Company reported to the Department that the park's size was reduced to
approximately 12.9 acres. According to EastLake, this reduction was attributed to the alignment of
EastLake Parkway, the engineering of the varsity baseball field at the high school and an unusable slope
condition surrounding a portion of the park. To make up for this reduction, the City Council approved
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Attachment A6
Item
Meeting Date 12/12/95
adding two ?cres of parkland to the EastLake III Agreement, thereby bringing the total owed for parks
to 7 acres (privatizing the area around the lakes [5 acres] plus the smaller park [2] acres equals 7 acres).
The EastLake III Agreement will be discussed in more detail later on in this report.
Construction Estimate: In the early part of 1990, staff and EastLake began to fine tune the construction
estimate for the Parks and Recreation facilities. It became quite evident that $2.6 millon dollars estimated
for this project was not going to be sufficient to finance a larger gymnasium. As a result, a decision was
made to bu;ld the community center and park in one phase, and construct the gymnasium in a later phase.
In lieu of the gymnasium, a cement slab was envisioned to serve as either an interim volleyball court or
basketball court. The City agreed with Eastlake to add language that called for Park Acquisition and
Development (PAD) Fee advances to finance the gymnasium's construction ($1,522,000) into the
EastLake III Agreement.
I
,
As EastLake proceeded with the development of EastLake Greens and EastLake m, two development
agreements were approved by the Council: EastLake II and Eastlake III Development Agreements. In
addition to addressing both development projects, the agreements also contained important park and
recreation facility requirements.
EastLake II and III Agreements. In April 1990, the City Council approved the EastLake II (Greens)
Agreement. The EastLake II Agreement stipulated that EastLake advance funding and construction of
the community park, which included lighted softball and soccer fields, and a community center. The
Council also approved enlarging the size of the gymnasium. The Agreement took into account the
limitation of the $2.6 millon dollar park estimate in the EastLake Park Agreement, added the "cement
slab" language and set a target date for park and community center construction.' Excerpts from the
Agreement are noted below:
6.4 Parks In consideration of the vesting provisions of this Agreement, Developer agrees
to dedicate land, construct or fund parks and recreation facilities in the manner required
by the SPA. With reference to the EastLake Parks Agreement approved by the City
Council by Resolution No. 15225 on August 8, 1989, it is the intent of the Parties that
the construction of a concrete slab for a future gymnasium may be accepted by City in
lieu of the gymnasium described in the above mentioned Agreement, provided that the
cost of the Park, including the slab, shall not exceed the limitations set forth in said
EastLake Park Agreement (Section 3.2[B]). City further agrees to accept the
development of 12.9 useable acres of park land for purposes of satisfaction of the
requirements of the SPA as it pertains to EastLake Community Park, the Financing Plan
requirements and this Agreemenl. City, in conjunction with said undertakings, will agree
to waive the requirement of the payment of any and all Park Land Acquisition and
Development Fees (PAD Fees) for the Project.
Since there was some concern about placing a cap on the $2.6 million dollars, both parties agreed
to use "park development credits" for anything in excess of the $2.6 million dollar estimate.
[M:\HOMEIP ARKSREC\A113\EI...PRARK.At3]
4
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Attachment A7
Item
Meeting Date 12/12/95
6.10 Acceleration of Park Develooment In further consideration of the vesting provisions
of this A$reement and City's perfonnance of its duties and obligations under this
Agreement, Developer shall construct the first and second phases of the Conununity Park
(as defined except for the required maintenance period in the EastLake Parks Agreement
described in Section 6.4) as a single phase of development by August 1991.
The EastLake III Agreement served as the "catchall" Agreement for the following park issues: 1) the loss
of 5 acres of park land due to the privatizing of the area around the lakes (EastLake I), the loss of (2)
acreS of park land at the Conununity Park (EastLake II) and $1,522,009 to pay for and construct a larger
gymnasium at the Conununity Park (EastLake II).
The Council had agreed to use the 7 acres of park land (Five acres EastLake IlTwo acres EastLake II)
as either supplementing a Conununity Park or neighborhood park in EastLake III. The gymnasium
financing ($1,522,000) is keyed into the approval of the first tentative map in the EastLake Trails
Neighborhood. The specific language is noted below:
(i)
Developer shall make a PAD Fee Advance in the amount of One Million Five
Hundred Twenty-Two Thousand Dollars within sixty (60) days following the
City's written request therefore, which request may be made at any time
following City's approval of the first Tentative Map within the EastLake Trails
neighborhood.
(iii)
Pursuant to the terms and conditiuns of a separate agreement between Developer
and City, the "EastLake Parks Agreement" which was adopted by the City
Council on August 8, 1989 pursuant to Resolution No. 15225, Developer shall
dedicate an additional five (5) useable acres of improved park area which may,
at City's election, be developed as a separate public neighborhood park in
accordance with City standards or an extension of the conununity park referenced
hereinabove in Subparagraph (i). In either case, the park area will be improved
to comply with the standards established in the City's Park Dedication Ordinance
for neighborhood parks; and
(iv)
In addition, the Developer shall dedicate an additional two (2) useable acres of
improved park area, to city standards, which may be either, at City's election,
part of the five (5) acre neighborhood park referenced in Subparagraph (iii)
above or an extension of the conununity park referenced in Subparagraph (i)
above, to make up for the loss of two (2) acres in the EastLake Greens
Conununity Park. In either case, the usage of the improved park area will be
detennined by the Parks and Recreation Conunission and Director of Parks and
Recreation;
In January of 1991, the design of the Conununity Center and Gymnasium was approved by the City
Council. Staff infonned the Council that the project would be built in two phases: Phase I included the
[M:\HOME\P ARKSREC\A113\ELPRARK.A13 )
5
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Attachment AS
Item
Meeting Date 12/12/95
Community Center, the area directly beneath the staff office and men's an women's restrooms; Phase II
included men's and women's locker ro('ms and the gyrrmasium.
Phase I construction plans entailed temporarily utilizing the area for the gymnasium as a sand volleyball
court (already installed) versus installing a cement slab. In general, the program included a 9,700 square
foot commurtity center (as opposed to the original 5,500 square foot building) and 11,600 square foot
gym (as opposed to the original 3,500 square foot gymnasium).
During the 1992-1993 budget process, staff informed the Council that the commurtity center cost would
exceed the original cost estimate by $1 millon dollars. It was evident at that time the amount identified
for this project had escalated in cost due to increases in construction Cost and the expanded building
program. In addition, the original estimate provided by EastLake's design consultant was far too low
of an estimate to accomplish what had been called out in the construction program.
In any event, due to budgetary constraints, the City at that time was unable to finance the operation and
maintenance of a new community recreation center and the facility Was deferred. The deferral also
created the opportUnity to explore further and develop adequate funding to build the entire commurtity
center at once, including a gyrrmasium.
SECURITY DEPOSIT AND PARK DEVELOPMENT FEES
Earlier in this report staff mentioned that EastLake was required to deposit $500,000 security for the 5
acres of land lost in the privatization of the common area around the lake. Likewise, the City had a
requirement to rerum $500,000 of Park Impact Fees (plus interest) back to EastLake once the construction
documents for the park was executed.
Although the construction documents were executed a couple of years ago, staff held on to the Park
Development Fees ($500,000 plus interest $300,(00) because EastLake failed to deposit cash security for
the 5 acres of park land owed to the City. The funds have remained in a separate Park Development
Account and have not been spent.
WHERE DO WE GO FROM HERE?
Since the gynmasium already contains a financing mechanism in the EastLake Greens Agreement, the
only recreation component left to deal with is the community center.
The proposed amended Public Facilities Financing Plan (PFFP) language submitted by staff holds
EastLake accountable to their previous obligation to the City - financing and constructing a community
center. The PFFP states the following:
"As the Community Center Was not constructed nor guaranteed, EastLake will be required to
bond $700,000 for the Center. In addition, the City may require EastLake to address any
shortfall in improvement monies between the total amount of PAD fees that would have been paid
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6
/8-/7
Attachment A9
Item
Meeting Date 12/12/95
by the Greens Project at buildout compared to the amount of park improvements credited through
turnkey public park construction and private park credits. The PAD fees credit shall be those
fees in place at the time of final maps for the Greens are approved.
The construction of the community center could be funded from a variety of sources including
but not limited to future PAD fee obligations, interest accrued that the City is holding from
earlier park fees paid for construction of the EastLake Community Park, and park obligations
from the "land swap" parcel that EastLake will be developing in the future as well. Future
interest accrual on any monies the City is holding for EastLake Park may also be used for the
Commurtity Center construction. "
As noted earlier in this report, EastLake is opposed to the language in the amended PFFP and has
suggested this language:
As the Community Center was not constructed nor funded by a specified advance, future projects
within the vicinity of EastLake (EastLake III) and other area properties, will be considered a
potential sources of funds for the Community Center.
The construction of the Community Center will be funded from extstmg and future Park
Development Fee receipts. The use of the City's current Park Development Fee fund is
progranuned as shown in Table 1 (attached). Future updates of this progr.~'11 will identify the
gym and Community Center as improvement program components. The City currently hold
$309,865 in interest earned on the EastLake Park Development Reimbursement account. While
the principal amount of the deposits in the reimbursement account ($477,296) is owed to
EastLake Development Company the aforementioned accrued interest will be deposited into the
PAD Fee account and progranuned with other funds to construct the Community Center in the
future. A park development reimbursement to EastLake of $477,296 will occur at the time of
the transfer of the accrued interest to the PAD Fee account.
Basically, EastLake believes they have met the park obligation for the Community Park. The fact that
the park cost is slightly less than the $2.6 million dollars has relieved the Company of their community
center obligation. Furthermore, EastLake believes that the Center should be shared with other developers
paying park fees.
EastLake has proposed the City utilize the interest earned on the fees collected in EastLake I ($309,865)
as their contribution to the Center. Staff believes EastLake has not met this center obligation as noted
in the aforementioned development agreements. Further they are attempting to allocate this financial
responsibility to other builders and landowners in this City. This was not the intent of previous City
Councils.
Therefore, staff recommends that EastLake bond for $700,000 (to serve as security for the Community
Center) and allocate $300,000 in interest earned toward the construction of this facility.
fM:IJ-IOMEIJ' ARKSRED.A113\E.lJ>RARX..A13]
7
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Attachment AlO
Item
Meeting Date 12/12/95
FISCAL IMPACT: In the future, when the Community Center is constructed, there will be a financial
imT)act for the operation and maintenance of this facility. Howe,er, there may not be an additional
impact to the City for facility construction as the facility will be guaranteed by bonds and funded through
a variety of techniques in the EastLake Greens and East Lake III. If the Council accepts the applicant's
language, the facility could be funded through Park Development Fees, however, the amount of Park
Development Fees collected may not be adequate to fmance the facility.
Attachments: A-
B-
C-
Letter from EastLake Development Company dated November 17, 1995
East Lake Master Plan from Wimmer Yamada & Associates dated June 27, 1988
East Lake Park Master Plan
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ReVlsed 7/14/b~
EASTLAKE PARK AGREEMENT
Attachment All
THIS PARK AGREEMENT ("Agreement") is 'entered into on
.1 oJ 11:;/ 08-08, 1989 by and between .EASTLAKE DEVELOPMENT COMPANY, a
Californla general partnership, comprised of corporations
("Developer") and THE CITY OF CHOLA VISTA, a municipal
corporation having Charter power ("City"), collectively referred
to hereinafter as "the Parties".
ARTICLE I - RECITALS
1.1 Background. The City has previously approved a
development known as EastLake Bills and EastLake Shores
("EastLake I"). EastLake I included private parks which would be
maintained by EastLake I homeowners while allowing limited access
to the public at-large. It is now the desire of the Parties to
remove public access to these privately maintained parks and to
substitute other park lands and improvements for the loss of this
public access.
1.2 Intention of the parties.
Parties intend to:
By this Agreement, the
(a) resolve the open space and park land obligations of
Developer for EastLake II
(b) agree that the obligations of the Developer with
respect to the Development Agreement relating to the
provision of public parks or public access or the
payment of fees in lieu thereof, are satisfied;
(c) define certain additional public park
beyond those listed in the original
Agreement; and
obligations
Development
(d) provide assurances to the City that the Developer
will give 5 additional acres of park land to compensate
the City for the loss of access to the neighborhood
parks in EastLake I.
1.3 Benefits to the City. By this Agreement, the City will
gain additional park space and earlier park improvements to
compensate for the loss of public access in the neighborhood
parks in EastLake I.
1.4 Benefits to Developer. This agreement will relieve
Developer of the responsibi1itY to provi~e for public access to
the neighborhood parkS in EastLake I.
-1-
1[,,;)0
NOW, THEREFORE, in consideration
agreements set forth herein, the considerations
recitals 'and other valuable consideration,
sufficiency of which are hereby acknowledged,
as set forth below.
01
set
the
the
t.ne Jj,L..:t.ual.
forth. in the Attchmnt A12
recelpt and
Parties agree
ARTICLE 2 - DEFINITIONS
2.1 "~ssociation" shall mean EastLake I Community
Association, that private, non-profit corporation which has an
ownership interest in various park and open space areas in the
EastLake I community (EastLake Bills and EastLake Shores),
including, but not limited to, the trail surrounding the
pe~imeter of the EastLake Shores Lake ("Lake Trail").
2.2
and the
portion
-Develooer" shall mean the EastLake Development Company
legal persons to which or to who it may assign all or any
of its rights under the Agreement.
2.3 -Effective Date"
above-written.
shall mean the day and year .first
2.4 "Property" shall mean the following real property: (i)
real property commonly known as EastLake I which consists of
neighborhoods known as the EastLake Hills, EastLake Shores,
EastLake Village Center and the EastLake Business Park, all as
more particularly described in Exhibit "~" attached hereto and
incorporated herein; (ii) real property commonly known as
EastLake II which consists of the neighborhoods to be known as
the EastLa~e Greens and EastLake Trails, all as more particularly
described in Exhibit "B" attached hereto and incorporated herein~
and, (i11) certllin undeveloped real property commonly known as
the balance of the EastLake planned CommLlnity, as !:lore
particularly described in Exhibit "C" attached hereto and
incorporated herein. .
ARTICLE 3 - DEVELOPER'S OBLIGATION
3.1 Condition precedent. Developer shall use its best
efforts to deliver, or cause to be delivered, to City a deed
conveying all right, title and interest in the existing trail
encircling the EastLake Shores Lake within EastLake I. The
actual delivery to City of such a deed and final City action to
amend the EastLake specific Plan shall be a condition precedent
to Developer'S obligations hereunder with the exception of
Section 3.2(b) regarding the 14.7 acre park.
3.2 Developer'S Commitment.
following:
(a) Developer shall construct twelve
benches meeting the standards approved
major public trail system components
months of execution of this agreement.
Developer agrees to ~o the
(12) lake trail
by the Ci ty for
within six (6)
-2-
IK-'dI
(b) Developer shall construct a 14.7 acre parK
i"community park") adjacent to the proposed EastLake
High School within twenty-four (24) months of theAtchmnt AU
effective date of this Agreement. upon comple1:ion of
the construction of the Community'. Park and the
expiration of a normal, maintenance period for public
facilities, Developer shall convey the Community Park
site to the City.
Community Park improvements shall be as described in the
Wimmt:r Yamada " Associates Master Plan Estimate,
attached as Exhibit aha. It is estimated that the total ~
improvements will cost $2,605,043. Developer shall be 7t
entitled to park credits for its actual cost in
constructing the improvements. Actual costs shall
include only the following:
1) Construction ~osts including site preparation,
grading, Bcil testing and compaction costs:
2)
Landscaping,
costs;
architectural
and
engineering
3) Labor and material costs;
4) Insurance, fees and permit costs.
City shall retain the right to approve all construction
plans and deny credit for any costs deemed unreasonable
by the City.
This credit shall be appl ied against Developer's futur;-J
park acquisition and development obligations for
tastLake Trails portion of EastLake II. -
(c) Developer shall fund the construction of lighting
for 6 tennis courts to be built in conjunction with the
proposed EastLake High School. (The referenced six
tennis courts 'are in addition to the two courts required
for funding as a condition in the EastLake Greens
Tentative Map approval). Developer shall provide such
funding within sixty (60) days of the execution of
contracts for the construction of the lighting.
(d) Developer shal provide five (5) extra acres of
fully improved park land to the City. These additional
five (5) acres of park land shall not be credited
against any future park acquisition and development
obligations of the Developer. City will deposit
$500,000 in impact fees previously collected frol'l1
Developer to be used for the purpose of constructing the
.3-
Iff ~~;J.-.
improver;,ents set forth in Exhibit ",,". Developer shall
cl~posit with the City, $500,000 as sec!.!rity for its clutYAt: hmn 1
to provicle the five extra acres of fully improv~cl park c t: A 4
lancl. Developer shall cleposit this amount within sixty
(60) clays of the clate of this agreement.
,
ARTICLE 4 - CITY OBLIGATIONS
4.1 City Commitment. City agrees to the following:
(a) upon receipt of the deecl for the Lake Trail, City
shall maintain the Lake Trail at City expense.
(b) Within seven (7) days after the effective date of
this Agreement, City shall deposit, in an
interest-bearing account if possible, $500,000 in impact
fees previously collected from Developer to be used for
the purpose of constructing the EastLake Community Park
improvements. This sum, plus interest accrued thereon,
if any, shall be released to Developer upon the
execution of contracts for the construction of the
Community Park. City agrees tha Develo ers
previously p1edge~ 1nanclal security for the
~o~~~~ion or tnese improvements may be reducecl by
th1-S--!'mount. a 1t onal EastLake I impact fees
collectecl from Developer to be used for the purpose of
constructing the EastLake Community Park improvements
shall be released to Develper within sixty (60) clays of
the execution of contracts for the construction of the
five (5) acres of park land described in section 3.2(c:1)
of this Agreement.
(c) City hereby waives any and all requirements with
respect to park lancl dedication or the payment of in
lieu fees thereof or both contained in the Deve10pnenc
Agreement for EastLake I and by this Agreement provides
Developer with the written acknowledgment of such waiver.
(d) City agrees to remove, by means of a quitclaim
or otherwise, the public access easement to
neighborhood parks in EastLake I while retaining
requirement that these lands be used as open space.
deed
the
the
DATE:
DATE:
~HE CITY OF CHULA VISTA,
a municipal corporation
EASTLAKE DEVELOPMENT COMPANY,
a California general partnership
comprised of corporations
By
Mayor
Vista
By
5804a
-4-
/!-e}.3
November 1 7..19'):'
Mr. George Krempl
Deputy City Manager
City ofChula VlSta
276 Fourth Avenue
Chula VIStA. CA 91910
Attachment A1S
RE: Amended PufT Jllre Greens Public Facility FUIIllce Plan - Park Section
Dear George:
,
EastLake Development Company has received the attached memorandum (Exhibit I)
'dated November 14, 1995 from less Valenze1a outlining recommended language for
the amended EastLake Greens Public Facility Fanance Plan (pFFP). Please be advised
that we do not entirely agree with the proposed language. By this letter we request
that the alternative language provided in the attached Exhibit 2 be considered in lieu
of paragraphs 2 and 3 in less's memorandum, '. We understand that staff may not
support EastLake's position in this matter. . Should that be the case. we would
respectfully request that our language be presented as an alternative for the City
Council to considec in the approval of the amended PFFP. The basis for this
modification is that EastLake Development' Company has fulfilled its (EastLake ....
Greens) Community Park obligation (last amended by the EastLake Greens ~
Development Agreement) by funding and constructing the facility that is current:y in
place and operated by the City. We support the concept of fully implementing the EASTLAKE
EastLake Community Park Plan by constructing a gymnasium/community center ~~EN1
('.()mplex within the EastLake Community Park. If desired by the City in the future,
EastLake Development Company would enter into an agreement to "turnkey" build
the gymnasium/community center. Under such an agreement, the funding source
would be as described herein after and within the amended SPA text.
B
...
The interest earned on the EastLake Development Company reimbunement account
($309,865) can be used to partially fimd the community center. EastLake's support
for using the acaued interest for this purpose is provided with the understanding that
the City will accept I IUrety bond in lieu of ~ $500,000 cash deposit IS IOCUrity for
the provision of the seven (7) 1c:t'CS of improved park land required under paragraphs
6. I. I (Iii) and 6.1.I(rv) of the EastLake m Development Agreement.
OeoIgc, eYe:D tMo~ we have yet to find . .........ny lifulble resohltion to this
matter, I want you to bow that I Iiucerdy IJ>preciate the time and effort you and
your Itaff have deYoted to our project. If you have any questions please do DOt
hesitate to caIl me.
ENSIgmo
J.H.~),ments
~..4.:' ._lw1t111t- ".,. ....a-.
~ L.croe__
...,.. 100
. 0llJ0 \1sta. CA ~9\.lI
(619) .c21.o127
'M)( (619) G1-18S:l
/!".,~t//t)~ c))/
.I
~O~DUM
NOV 1 ~ 199~
Attachment A16
November 14, 1995
.'
!
PLAN;W'\8
TO:
I
.I
FROM:
SUBJECT:
Luis Hernandez. Senior Planner (J
Jess Valenzuela, Director of Parks and R~
Proposed Addition to Eastl,.ake Greens Public Facility FinaLce Plan - Parks
Section .
The following is recommended by Parks and Recreation for consideration with the EastLake
Greens SPA Amendment as laDguage to be placed in the amended Public Facilities Finance Plan
text:
"The O1ula VISta Community Park Master Plan contemplated the construction of
a community center and g)m. With the FY 1992-93 budget, the City decided to
defer the construction of those facl1ities and proceed with the balance of the
community park construction at an improvement level of $2.6 million. It was
further agreed that tbe iroplemenUition of a gymnasium would be paid for through
an advance of Park, Acquisition and Development (PAD) Funds witb the first final
map of Eastlake Trails in an amount of $1.5 million. This requirement is further
documented in the EastJake m Development Agreement dated May, 1990.
As the Community Center was not constructed nor guaranteed, Eastlake '\\111 be
required to bond $700,000 for the Center. In addition, the City may require
Ea,stLake to address any shortfall in lmprovcment monies between the total amount
of PAD fees that would ha\'e been paid by the Greens Project at buildout compared
to the amount of park improvements credited through turnkey public park
construction and private park credits. The PAD rees credit shall be those fees In
place at the time fmal maps for the Greens are approved.
The construction or the commumty center could be funded from a Tariety or sources
Indudin:but Dot limited to future PAD fee obligations, Interest aecrued that the
City Is boldin: from earlier park fees paid for constnlction 'of th~ Eastlake
Commnnlty Park, and park obligations from the "land swap" parcel that Eastlake
1'I'iII be developing In the future as wen. Future Interest acuual on any moDles the
City Js holding for ~ Park may also be used for the CommUDlty Center
construction.'"
c:c: John D. Goss, City MaDager
George Xrempl, Deputy City JdaDager
Martin ~1.mldt. Parks and Recreation' JlM..scIpC Arehltcct
plE'I'Ii'ORX~"V-.lV~GNOS.&OU:BIIS.Y."IoUi" ....14, If9$)
Emibit 1
/t,,~~
Attachment A]?
SUBSTITUTE LANGUAGE
FOR PARAGRAPHS TWO AND THREE
OF PFFP PARK SECI10N
& the Community Center was not COnstn.lcted nor funded by a specified advance, future projects
within the vicinity of EastLake (EastLake mi and other area properties, will be considered as
potential sources of funds for the CommunitY Center.
The construction of the Community Center will be funded from existing and future Park
Development Fee receipts. The use of the City's c:urrent Park Development Fee fund is
programmed as shown in Table 1 (attached). Future updates of this program will identify the gym
and Community Center as improvement program components. The City c:urrently holds S309,865
in interest earned on the EastLake Park Development Reimbursement account. While the
principal amount of the deposits in the reimbursement account (S477,296) is owed to EastLake
Development Company the aforementioned accrued interest will be deposited into the PAD Fee
account and programmed with other funds to construct the Community Center in the future. A
park development reimbursement to EastLake of $477,296 will occur at the time of the transfer of
the accrued interest to the P AD Fee aCCOU'lt
E~ti.b1 t 2
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Attachment A18
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51
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Attachment A19
"........t ...._..... ".SL. Il..."ecl
CWIMMEJ{. UMADA &c./lSSOCIATES
LANDSCAPE ARCHITECTURE. LAND PLANNING
EASTLAKE a:lMM.lNITY PAA!<
pnase=l-Constr.U~1on (Revised)
June 27. 1988
1. Mobilization
2. Si~e grading (fine)
3. Soil preparation
4. Drainage
5. Road/parking area
6. Curbs
7. Concrete Walks
8. Special concrete areas
(at ball fields only)
9. OG path
10. Signwalll"serpent"
11. picnic tables/pads (18)
12. picnic shelters (5)
13. MOlIC urbs
14. Bike racks (2)
15. Removable bollards (9)
16. Benches (6)
17. Trash receptacles (8)
18. Play area equipment
19. Infields
20. Backstops
21. Fencing I sidelines
22. Base pads'
23. Soccer seals
24. Irrigation
25. l.awn
26. Slope planting
27. Trees
28. Restroom/storage
29. East-half field lighting
30. Electrical (stub up
remaining fields)
31. >Maintenance
TOT AI.. :
15~ CONTINGENCY:
GRAND TOTAl..:
S 10.000.00
S 29.500.00
Sl47.500.00
S 25.000.00
.S 27.200.00
S 9.600.00
S..39'000.00
S 47.185.00
S 1.600.00
.. S 40.000.00
S 13.500.00
S 33,750.00
S 1.000.00
S 1.000.00
S 1.800.00
S 4.200.00
S 2.700.00
S 37.87.5.00
S 12.400.00
S 30,000.00
S 1.260.00
S 600.00
.S 6.000.00
S267,000.00
S 21.265.00
S 31.700.00
S 37.930.00
SlZ7 .500.00
S 50.000.00
S 30.000.00
S 35.400.00
--------=
$1.114.415.00
S 167.162.00
--- .
$1.281.577.00
Note: Park develolJllent fees of ~ -----...
S82.500.00/acre x 15.6 acres .~1,287.000.00 "J
~SE"H T. 'rAMADA, ,.....S,L...... ..... IONA.L.O S. 115M"""". A.S.L.A.. "lNC"'LS
$16 'IrT)04 ..,(NU(tS,AN OI(GO, c,..lIfoOlNlA "'011("91 n2.~
']!1, l.A~t THQM.A$ to,..t' '10"..otN11, ....IZONA 15016/16011 .56-""
c-.. ..._ 1511 __ ,US6
/f"df
Page Two
EASTLAKE a:lMM.lNITY PARK
Phase I Construction (Revised)
June 27. 1988
Attachment A20
The following items are not inclUQed in Phase I and would be installed in
future Phases II & III:
1. Community center/multipurpose gym area.
2. Outdoor patio & furnishings.
3. Tot lot. trellis & seatwall.
4. Trash enclosure.
S. West-half ball field lighting - poles & fixtures only.
6. Bleachers. I
7. Exercise course.
8. Voll eyball court.
If.,~ 7
Attachment A21
CWIMMEJ{. Y.4MADA &c./lSSOCIATES
LANDSCAPE ARCHITECTURE. LAND PLANNING
,..........., ...._...... '.Sl- PI'Olf!CI
EASTLAKE a:lMMUNITY PAA!<
Master Plan Estimate of Anticipated Construction Company
June 15. 19BB
ITEM: QUANTITY : UNIT a:lST:
1. MOBILIZATION/START-UP a:lSTS .
a) AllOllance LS S10,000.00
2. SITE GRADING/PREPARATION
a) Fi ne grad~ ng 590.000 s.f. .05
b) Soil prep./amending 590,000 s.f. .25
c) Drainage systems LS 25,000.00
TOTAL :
S 10.000.00
S 29.500.00
S147.500.00
S 25,000.00
3.
PAVING a:lNSTRUcrION
a) Road/parking asphalt
bl Concrete curbs
c) Broom fin. concrete walks
d) Salt fin. col. conc. paving
e) Deccmposed granite path
f) C1ty logo medallion
16,000 s.f.
BOO 1. f.
20.000 s.f.
30,500 s.f.
16,000 s.f.
550 s.f.
1.70
12.00
1.50
2.50
.10
2.50
S 27.200.00
S 9,600.00
S 30,000.00
S 76.250.00
S 1.600.00
S 1,375.00
4. MISCELLANEOUS CONSTRUCTION
a) Sand placement (12" depth):
1. Tot lot area 45 c.y. 13.00 S 585.00
2. Pl ay area 195 c.y. 13 .00 S 2.535.00
3. Vo~ leybal 1 area 130 c.y. 13.00 S 1.690.00
b) Retai ning walls (concrete) 210 1. f. 30.00 S 6.300.00
c) Signwall/serpent LS 40.000.00 S 40.000.00
d) Conc. picnic table on pad 18 ea. 750.00 S 13,500.00
e) Concrete picnic tabl e 6 ea. 600.00 S 3,600.00
f) Metal prefab shelter roof
(325sf) on concrete columns
w/ concrete sl abs & B8Cl grl1ls 5 ea. . 6.750.00 S 33.750.00
g) Kiosk 1 ea. 1.5 S 3.000.00
h) Mowcurb '250 1. f . 4.00 S 1.000.00
1 ) Fl agpoles GO'ht. ) 3 ea. 2,000.00 S 6,000.00
j) Bike racks 2 ea. 500.00 S 1.000.00
k) Tree grates . 48 ea. 500.00 S 24,000.00
1 ) Removable bollards 51 ea. 200.00 S 1.800.00
III) Concrete benches 8 ea. 700.00 S 5.600.00
n) Trash receptacl e 12 ea. 300.00 S 3.600.00
0) Park info.ldirectory signage 1.S 5.000.00 S 5,000.00
JOU'!'1 T. ..."""""c;.;. f.... ,$..l.... _ IONAl.O 1. TUM'....... ....1L.A.. "INCIPMS
514 ,.In.... .....(NL:f:~N OIIC':" 'AlI"O'NIA '71011('''12~''...oo'
2S1i; lAST THOU....s ro.-CI .10; '.-c[NI~. ....110N... ,~"I(.oT. U"''2,9
c.,... a...., .521 -"Cl .i"~e
1ft 3D
Page Two
EASiLAKE COMMJNITY PMK
Master Plan Estimate of Anticipated Construction Company
June 15. 1988
ITEM:
QUANTm:
s:- RECREATIONAL MEA CONSTRUCTION
a) Tot lot equipment:
1. Spray porpoise (w/pumps'
and basin)
2. Spring riders
3. Spinner
4. Saddle slide
5. Climbi ng castl e
6. Shovel/seat
7. Wood deck
b) Pl ay area equipment:
1. Play structure w/shock mats LS
2. Arch swing 1 ea.
3. Tree climber 3 ea.
4. Castle climber 2 ea.
5. Spring toys 4 ea.
6. Concrete posts 9 ea.
7. Seat walls (concrete) 135 l.f.
c) Volleyball posts/net 1 ea.
d) Exercise course (7-statlon) 1.S
e) Crushed brick infields 62,000 s.f.
f) Arch backstops 4 ea.
g ) S 1 deli ne fe nc i ng (3') 360 1. f .
h) Base pads 4 sets
1) Movablescx:cergoals 4 sets
j) Bl eachers 8 ea.
LS
4 ea.
1 ea.
.1 ea.
1 ea.
1 ea.
50 s. f.
6. PLANTING/IRRIGATION CONSTRUCTION
a) Irrigation
(w/computer c:lntroll .522.000 s. f.
b) 1.awn (seed) 425.300 s.f.
c) Slope shrubs . 3,870 ea.
d) Slope trees:
1. 5-gall 200 ea.
2. 15-gal1on 250 ea.
e) Sycamore trees (loB") 38 ea.
f) Cottonwood trees <36") 20 ea.
g) flame ~rees (24") 40 ea.
hl Queen Palms Cl4'ht.) 20 81.
7. AROHTECTURAL. CONSTRUCTION
a) Community Center
b) Trelli s/a rbor
c) Multi-purpose gym
d) Storage/restroom
",) Trash enclosure
5,500 s.f.
1.500 s.f.
3.500 s.f.
1,500 s.f.
100 s.f.
l,f..~/
UNIT a:lST:
2.400.00
537.00
850.00
1.200.00
1.700.00
250.00
23.00
17.350.00
2.400.00
2.000.00
1.700.00
2.150.00
200.00
35.00
200.00
4.BOO.00
.20
7.500.00
3.50
150.00
1.500.00
2.000.00
.51
.05
5.00
1B.00
75.00
1.500.00
693.00
269.00
500.00
100.00
16.00
90.00
5.00
20.00
,"- -
Attachment A21
TOTAL:
$ 2.400.00
$ 2.150.00
$ 850.00
$ 1.200.00
$ 1.700.00
$ 250.00
$ 1.150.00
I
$ 17.350.00
$ 2.400.00
$ 6,000.00
$ 3.400.00
$ 2.150.00
$ 1.800.00
$ 4,725.00
$ 200.00
$ 4.BOO.00
S 12.400.00
$ 30.00(1 00
$ 1,260.00
$ 600.00
$ 4,000.00
$ 16,000.00
$267.000.00
$ 21.263.00
$ 19,350.00
$ 3.600.00
$ 18.750.00
$ 57,000.00
S 13.860.00
$ 10,760.00
S 10.000.00
S550.000.00
$ 24,000.00
$315,000.00
$127.500.00
$ 2,000.00
Attachment A22
Page Three .
EASTLAKE a:lMMJNITY PAAK ;,~
Master Plan Estimate of Anticipated Construction Company 'J~
J~ne 15, 1988 \
ITEM: auANTITY: UNIT a:lST: . TOTAL:
8. ELECTRICAL a:lNSTRUCTION
a) Walk/parking area lights
b) Ballfield (2-soccer/
ZSD-football cluster)
LS
60,000.00
oS 60.000.00
\
\.
2 ea.
50.000.00
S1.00.000.00
\
9. MAINTENANCE
a) 90-day
b) 270-day
C~~r
.06
~
I
TOTAL: S2.265.255.00
15~ CONTINGENCY: S 339,7B8.00
_===c_=ac===
..
GRAND TOTAL: S2.605.043.00
Note: 1) Estimate does not include costs to light 1/2 of High School
s~'ool tennis courts. Estimate is S60,000.00 to light 6 courts.
2) Estimate does not include costs to construct 1/2 of High School
tenni s courts. Estimate is S120,000.00 to construct 6 courts
w/fencing.
/?3~
.-
tJ/~;" ! i ::U \ uLLlj .i!' '1! ...dl... j .........
.~~.v~) ,.~ lvw~
January 17, 1996
yJA FACSIMTLE (willI connrmation by US Mail)
Mr. Sid Morris
Deputy City Manager
City of Chula VISta
276 Fourth Avenue
Chub. VISta. CA 91910
Ite; Amended EastLake G1-eens Public Facility FInancing Plan-Paries Section
Dear Sid:
At the council meeting of December 19, 1995 we were directed to resume
negotiations between city sl81f Bnd EastLake Development Company In an cff'ort
to define park section language within the amended EastLake GTeens PFFP which
is acceptable to botb parties. Even though extensive meetings and discussion have
occurred, Ea.stLake and sulff remain in disagreement over the PFFP language in
question. The purpose of this letter is to outline EaslLake's position with regard
to the park language.
Our previous position offered a $309,865 cash comribution(the intcre~ =amed on
the EastLake part fee deposit account held by the oity) towards the eventual
construction of the community center at the community park in the EastLake
Greens project. This <:ash contribution was conditioned upon the Greens park
obligation being declared satisfied, the acceptance of a S500,OOO bond in lieu of
cash as security for a lUtu", obligation to provide 5 acres of parlcland in EastLake
ill and the return to EastLake Development Company of the $477,296 in park fees
previously collected by the city. When this position was detailed in our letter to
George Kremp1 of Nov. 17, 1995, we felt we were extending ourselves well
bcyond our actual obHgation as prescribed by the EastLake Park Agreement and
amended by the E-~stl alee Greens and EastLake ill Development agreements.
Through the course of our discussion with sta1l; several alternative positions bsve
beoo offered by both parties in an attempt to reach an amicable solution. We are
unable to agree with staffs current position primarily due to the limitation It
prescribes f(.lT the amount of parl< fee tndits that will accrue to BastLake for the
eventuallUnding and construction of the community center. We feel that 100% of
the lUnds we eqIClId in constructing the future community center should be
available lIS future paJk fee credits. The staff position is that a reduced credit on
the order of 30 to 40"10 of the total expended would be estab1ished by EastLake's
funding of tho tBcility.
/f-$3
I VU...
Attachment Bl
~
..
.
fASTLAKE
CEVELOI'MlNT
COM'ANY
900 lalli> Avenue
Suire 100
ChulO YOlO. CA 9191A
(619) A21-l:\127
FI>JI. (619) 4l21-1a))
JAr;. -11' %I\\'EIJI 11:42 tA~ILAhL
ILL:blj qd lOJU
~. UUJ
Attachment B2
Me. Sid Morris
January ) 7, ) 996
Page Two
In order to resolve this issue BastLe.ke is prepared to accept modified language within the park
section of the PFFP that references the IIpproVlll of a subsequent park agreement in lieu of the
conditions currently prescribed by the staffversion of the PFFP. I have attached 1UI outline of'thc
provisions which would be contained in the subsequent park agl'CCment. W c ask that you forward
this letter to counCil with your staff'report. Be advised that it would be E8stLal::e's desire that
should the oounoil find the attached outline of conditions unacceptable that this issuo bo refereed,
to either binding arbitration or mediation for resolution. nastLake Development Company will
honor any decision made by council with regard to tbis matter, but would likc it understood that
either the acceptance of the attached cxmditions (without modification) or reference to
mediation/arbitration ere the two alternatives which will receive our support.
Your efforts to bring closure to this issue were appreciated. If I can answer any additional
questions please do not hesitate to a:ontact me.
Sincerely,
Bruce N. Sloan
Vice President
BNS/gmo
l:o.....u~"""
f:Omlll\wiowonflsloan\palksid.doo
1117/96
;t.. .31/
Attachment B3
OUTLINE OF SUBSEQUENT
PARK AGREEMENT PROVISIONS
EDe RESPONSIBILITIES
- ,
1. EDC provides five (5) acres of plll'lc (in the future) per EutLake m Development Agreement
and has no current security obligations for this filcility thereby eliminating the $500,000 cash
deposit obligation presoribed in theEastLake Park Agreement dated July 14,1989.
2 EDe bonds for the S&OO,OOO "principal obligation" of the community center. The bond is
reissued every two years in the principal amount plus ENR index inflation of the principal
from original bond date.
3. EDC builds a turnkey community center (commencing construction on July 1, 1999 or later if
agreed to by City).
4. EDC's financial obligation for the cost of community cc:nter including, but not limited to, fees,
permit" construction management and hard cost is a maximum of S800,OOO plus ENR
inflation to the construction commencement date.
CITY RESPONSIBILITIES
1. City declares EDC's Greens' park obligation satisfied and releases the $787,161 (Plus) park
fee deposit currently held.
2. City agrees to a construction schedule for the two remaining future parks in the Greens and
agrees that the current bonds for these facilities are adequate to allow intetim Greens
development to proceed.
3. City agrees that future park facilities in the Greens, as currently planned, are adequate to
satisfY the parks obligation of Greens SPA and tentative map.
. 4. City agrees to apply ClCCCSS park acreage created in the Greens to ELIll or landswap
requirements as requested by Ene in future. A formula based on the number of units
eventually built in the Greens will be established so no fUture "interpretation" will be requJred
to establish the excess parle acreage available fur use in the ELm or 1andswap areas.
5. City will establish EDe park credits totaling S500,OOO when EDe completes tbe community
cente:r QOTlStruction. Those credits can be: traIW'erred to other developers, used in ELm or
used in the EastLaIce landswap area at EDe's request. The credits will be in NCW" form and
will be used to satisfy the fiIll PAD fee requirement of the units to which they are applied.
..
f.oroulJl"inworlol...\pNbid.doo
1/17/96
/g...3~
Att...:ilmeA-t c~ 1
no, TInE: .)
COUNCIL AGE/TATOlENT
r&-~";)
Rt'~olutlol'1 \ 'v "'00"0...11'19
[ntL._~ tClllrllJnlty O,rk
COI'I'..pt
plan,
It~....h.........t
....t'"IjID.tt.~
l',
'J
Rnolut101'1
Di,..,lor of P,rts ,nd
.P01"0..1"19 ttlt' ['StLlh
",
ll.c,...ttol'l~
fe/Still Yot..: '.'_"02-)
Pu; A9r~nt
5UeMlmo BY:
.nIEWED BY:
City ",n.~'i9
The [UU..l:.t I SPA CStonlon,1 Planning "P'''') Ph". ,porond by ttK- CHy
Council 'n ....1, 1985, 1nCllldrd ".'1'1""1'1'1' to th future MYfl0pmrl'lt of . 15
Ie,.. COIIII'Iunft)' p.rt in ttl. [asU,t. GI"I!'t'I'I' "'U. .. (DI'I,.ptu.l phn ~or tlw
PI'" _1$ fnc1",ded in tn. SPA Phil, with the Iolnderst.ndfng th,t tilt' put woull'1
W dtd1c.ttd to the CHy fn conjll""tton with I SUpplf'l!ltnl,1 SPA plln for ttlt
[uU.k. Gruns '''fl. [uU.k.. Of'tt'1oplllfnt ComP'I'Il hh't'd the I.ndsupt'
Il"Ch1UctlJr.1 ff~ Qf WU to <Iesfgn tI'll' p.rl:.. with input '1"01II t~ CCWIt!IJn1ty
,nd Cfty Stiff,
[At t'" OK....r 20. 1988 Council "HUnll. t~ Chy COUncil dirKte-d luff tu
pre-p.rt In 'V"'ffIIt'nt wfth th, Ou,lope-r to proy1d, for fundln9 up. front !.o
tOlftpl.t. COnltructlon of the COlIIIIun1ty P'" fn OM ph.... Ind t~ I)I"'Oyh10n of
In Iddh10ntl fiv, IC,.., of I)U~1fC plrthnd, in ..Chlnge for futur, PI"
Acquhhfon Iftd o.y.lopr.ltnt (PAO) (" C~djt .nrl ,..tu"n1n!il S+ IC~I of pUblfc
p."t fldltttfl in [uU.t. Hills .nd ShOrtl to prh.t. d~1n.
ItCMEICOATJON: Thlt the- City COunc11 .1 .dopt th. I"fl0lutfOn 'PProY1n9 tl'lt'
COnC.pt ..stu 1'1.1'1 fo" th. [uti.t. CClfIIIlUnfty ',rt, with I condition th.t .
lIr-g.r t)'Wlu1t,n be proyld.d 0" th, sft', to th, ut15hct10n of th, IH,..ctof'
of ""*1 .nd RKI'utfOfl; 'nd bl'dOPt tn, ,""solut1o" 'PPl'Oving th. (utl,h
PI" Igl"HQfnt.
IOARDS/C(NUSSIClrtS HCDllfll:NDATIOfII: TM ""'s 'l'Id Rt'C"..Uon C~hl1on
,ppl'Oy.d the "It." phn It its Jun. 16. 1988 ..tfn9. wUtl .ddltfonl1
",ffftMltPlts Ipproved It its Junl' 15, 1'8' !:It'.tfn9. Th, COIIIIhllon 'PPro'n'd
tItt propond PI" .,,....,"t .t fts July 20. 1'119 ""ttn!!.
DlstunlOll:
"'" C~ntt1 pll'll. IS '"roved 11'1 the SPA J 'hn. wt1l b, dntloPfd with tflf
[utL.i, Hflt! School II . Jotnt use '.ctllty. City st.ff. the Drnlo~r '1'1I\'
1.ndSC:"r. .rochtt<<t hid "y.",l ~ttng, .ttt ~,1c1font' of hstL.t.. .ftd
offtc1l . f,.. the Swtot'twltt" Unton Htgh Scflool District to cln,lop . PI"
,1... ttl.It wil1 ...t t_ futu,.. ....d, of the C~l'Ift1.
If..3l,
'.'
Attachment C-2
"gf 2, It" N. t
M..tl"9 DIt(~
Att.thtd IS "'tUc~nt A is II COP1 of thf M41Hf'1'" ph" "('pO,.t ~I[1\ outlinl's
the publlc invoh...nt pl"'og".m, poulblr COIIIponf'nts of . ,I'IHf'd un '9~"t
Wtw<<n the Cfty .nd School district. lll, pu'k ""U.I'" ph", det.n.e: dr.wings
of 'nlarg.d It'ct1on, of tM 0""" phn, .nd P"'''lllfn,.., cost rstl...t.s.
Th. Muttr Phn e.lls for *w.l0pltlPnl of . U. 7 .c~ Plrt. sHf'. containing
four n1ght-lfgllt.d softb,ll fieldS .ftl'! (Our socc.,. (feld ow.,.1"s, Of,ntctt",
,.,flfths, two h"9f ph, '''P'', Jogging pIth with ,xPr'cfst SUllon" . "nd
yol1tyb.ll cou,.t, 1)'/"t1n9. ,..stl'"OOlll hc111tlu .nd . I"llIltl-pufl)OU
tylIlnUfllll/CCllIIIIUnfty ctnl,I'", Th. ph, .rt'u cont.1n . unlqilt' ultctfon o( ph,
)""f"""tI'PP"'t'" IS "ul1,. f. th. ,,,.f,.. ,,,I.,., I. "is ...,,,t. ':(
The propOUd COIIIIlUIl1ty 'fntrr/gywmu1U11l "'fllt)' ts CUfT.ntly Shown IS . ,.~
sq. ft. hC111ty. witll 5.500 IQ. 't. foro the cente,. .nt! J.SOO se.. ft. foro thr
i)"ll. The P.rkl .nd Recl"l'Ufon Oep,,.tmrnt would p"eh,. , h"ge,. IY"nlSh~. to
, ,ccOIIrIOd.te. full Sfle buketbal1 cou,.t. .nd would like to work w1t1l tht
l Dt,elope,. du,.hg du1gn 6e,eloplllpnt to design. h"ge,. f.CI11t,.
f-- [uU,.ke OnelopIWnt Company hll '9~pd to constl"llct the .nth.. c-...rn1ty p.rt.
in one phue. A p.,.k Igr-e..nt hIS ",en d,..fted to outlln. th. Oft,.l"Df'r's
f"uponsfbfl1ths for this p,,.k const"uctlon. IS wll IS tM ..ailS fo,. the
tuMling o'er of Mfghborl'lOOd pins In hstl.ke J to P"'"t. uu, fn ...Ch."~
for 5 IC~S of 6enlOptd public p.rk fn 'utu~ [IS U.k. c1f..lo~nts.
Attlthtd IS Attac'-'nt I 11 th(l proposed p.rk 'gre~nt. IlIfcal1y. t~
Un.10ptr .gI"HI to flllt.ll 12 p.rk benChes ""ouM the hke for tht public
ulfng the t,..f1 Iyltf'<<'l; constl"llct thlP IPnt1r"t 14.7 "r. cDI"Illunlty plrt. f'l the
G,.IP.ns. tnclud1ng .11 llIIClro....l'IIPnts. SUCh IS ~h. COlIW!lUll1ty c.ntN/~1' .nd
nfght-lfghtfd b.lIffe1ds; .nd pl"'O,1dlP fh, .ddition.l .er" of full)' 1l11f>l"'O.td
public p.l'tland 1n thf futu",. In ,,,ch.ng. for then c1f'lPloplPr ob11qnions.
th. City w111 ..Int.fn the l.klP Tr.11 .t City ..p""s.. tu"n O'lIP,. f':(""ooo 1'1
pr'nlous1, cOllKt.d fHS f,., [utl.k. tow,rd thf ".'lUI-~ ty part.
constrvctlon, f"eIIO'I. the pvbTfc ICcess "SIP...nt to th. prfv.t. nl'I"'bo~OO<1
Plrts ftl [utl.ke I; .nd Ifn plrt: c~dt t to th.. .....lOPlPr fo,. thIP .ctu.l
cosu of constr'VCttnll the Ca.lllnlty PI"k.
Upon 'ppl"O'I,l of the PI"" COftC.pt phn .nd ""t .g,.....,nt. tht hl'MtlClpe
l~h1ttct wlll kgfn df'nlop-.nt of const""..tfon 4<<'_nts for t'" "rt
hlPro'lfllfnh. Oft.tl.d ph tiS wOI .ho be ..d. for th. Coe'JIlUnfty lklt1dfno
'1'14 rtstl"OOlltS. .Mch .111 tJrleIl be' prUI'tlted to the o.sfgll _..t.. c..ftttt.
,.rt. .ncl RfCrt.tton C0.1Is1otl 'nG Cfty Councfl for c:onSfdt"uton.
TN '.rts .tld lecrt.tfon o."r_nt is cur""tltl, wort1ng .ith stiff f,.. tN
SChool distr1ct Oft . Jo'tlt VSf' 'gl"f',-"t for !~.rtn9 of f.c1lfths .rtd costs
Of cotlStNCtfng/..1nttfnlng t~u hcl1ltffS. Joftlt-uu it... .., 1ftC1udf'
nt9ht~1tght~d btlnis courts. bu~.tb.ll courts. 1)I"tfng lot .1'111 .Vdttorf.. Clfl
tM school pro,.rty .1'14 1>.11f1.10,. soccer fit1ds .nd c""""tlHy c.nt.r on t~
Ctt,y- ,.rt PI"OPff"\y. Consf.w"'tfon is betng ,I'llPOI to hIYe UtI' Clt'fO......lo,.r
PI}' for COtlst"'ctfon of on.~h.1f of thf t,""is cou"ts .tld tlfg!'lt.1tghttng of
.t"'t of tht t.""h courts. St.ff phns to p~"f'nt . ,hlr'f'd un '9"HlIIIP0I1 10
C04.IftCtl for cOfl,ht"",tfon f... 1M 1'1".1 '.... "(lOIt",. ."1(" "'ult .ls0 l'll' 'tlN'O,,"
by thlP Ois1rfC1 lo.rd.
jt: 31
Attachment C-3
.
P've 3, tt81~
.....tt"'Dlu~
FlStAL l..ACT: Jt h estlNted thlt tn. tot.1 C~"ity ptrt t~r-o',,"u
,,111 cost 'PPl"'Ol1..tely $2.6 ~1111on. The 0.,('10"" will ","(the PAC c,""e1ft
for the .(luIl cost in constructing the llltpr-o"..nts. 1M eltl will Otpostt
$500,000 tn fllp.ct fH' pl"'e,+,louly colhctecl 11"'0," tM 0.",,10"" to be und for
C01lStNCtton of tnI' p.l1"t.
When tM p.r1I ,nd c-.,n1t.y ctnte,-/i,Y1I'I .~ construcUd ,nd WI"'N'c1 0.,." to the
Cfty, th.... ,,01 "' .ddlt1oM' optr.tlng costs for It."1l'l9 .nd .,1nl.","<.. of
t1Iue hct1fths.
WPC 1011R
;g.. 3(
Attacnment L-'1
.
Jl:ESOLOTION NO.
RESOLUTION 0' THE CITY COUNCIL 0' THE CITY 0'
CHULA VISTA APPROVING THE CONCEn PLANS POR
IASTLAK! CO""UNITY PAR~
The City Council of the City of Chula Viat. doe. hareby
r..olv. .. tollow.:
"HtflIAS, the !.UtlAlle SPA (Sectional
Plan, .pprovad by the City Council In ..rly
reterence to the future developlllent of . 15 acr.
in the !..t~k. Gr..n. .r.., and
PlannIng Ar..)
1985, included
co_unity p.tll;
VA""!AS, . conc.ptual plan for tn. p.rk wa. included in
the SPA Pl.n, with the underatanding that the p.rk would be
dedicated to the City in conjunction with . 'uppl'~nt.l SPA plan
for the 1..tLak. Gr..n. .r.., and
W"IJI!AS, hntAke DeovelopllleM
landacape archItectural firlll of NYA to
.input troll the eo..u~ty and City u.rr.
NOW, ~RERE'OR!. 8E If R!SOLVEO th.t the City Councilor
th. City or Chula Vi.t. do.. her.by approve the concept plan. tor
E..tLake Co..unity 'ark.
COllpany
1'1.1191"1 tn.
hired
park.
.r..ented by
Approved .. to tor. by
ft'nuel A. "ollln.~o, Dir.ctor
ot 'arke and Reer..tion
ttornf!y
011I..
l/OO.
ty
,
~
1043.
/5'--35
the
with
Attachment C-5
.
It!SOLOTION NO.
It!SO!.t7TION 0' TH! CITY COUNCIL 0' THE C:TY 0.. CflCLA
VISTA APPROVING AGREl~!N7 BETWEEN THE CITY 0' CAULA
VISTA AND U,STLU! DEVELOP"!N'%' COJi"lPANY POll IASTLAI\t 'AU
ACIl:!EMENT. AND AOTHORIZINC THt "'AYOII TO EXECUTE JArD
ACIt!!"'!"T
Th. City Council of the City of Chull Viltl do.. hereby
resolve a. follove:
WHtRtAS, t..U..ke Oevelop",ent COlllpany hi' 19r.." to
conltrucl the entire co.",unlty pitt In one ph... and the Ittaehed
I;r..",.nt outlin.. the Developer', r..ponllbl11tl.. tor thl. park
eonatructlon, .. veIl.. the ...na (or the turnln; oVlr or
neJ;hborhood pirkl in t..ttAke I to privatI u.., In Ixehln;_ for
5 acr.. of developed public park in future t..lLlte dlvelop.lntl,
NOM, THIREPORl. It IT Jl!SOLVED by ttlt' City Counr:il of
U.e City of Chula Viata that that r:ertain alj1r.e~erlt b.tw.en TH!
CITY 0.. CRULA VISTA, . .unir:ipal corporation. and !ASTLAU
DEVELOP~ENT DEVELOP"ENT COMPANY, for EaatLa.e Park Alj1r....nt.
dateCl the Clay of . 198 . a copy ot which 18
attach.C1 "ereto anCl incorpoatetl her.in, the aa.e aa thoulj1h fullY
..t forth heretn b., and the .a~e i. h~reby approved.
IE IT 'ORrKER RESOLVED t"'at the "ayor of the CIty of
Chula VI.ta be, and he ta hereby authorhed .nd directed to
...cut. aaid .'t....nt tor and on b.half ot the City of Chula
Vlata.
.r...nt...:. by
Approved a. to forlll by
W.nu.l A. "ollln.do, Dlr.ctor
of 'arta and a.cr.ation
60448
ty ttarney
,..;:"""'"'-
l
JC- tf 0 It'd'?
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L
.
r"ll.l.O-""II,IC;1I \.. .... '-'
I
EASTLAKE COMMUNITY PARK
Master Plan
East/ake Development Company
Wimmer Yamada & AssocIates
~!~
:;~~
O&~
JUHE U"
ft- VI
r.
I
I
I
I
I
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I
I
Attachment C-7
'W/MMEI{ ~ .uCSSOClATES
~""l>In~(....-o~.."""
-.....-..\...--
EASTVO<( aMUUTY ..-
Cft}' of ~..1. "n... tit:)' Counctl FI".anUt'on o..rtllN
,J"l)' U. lJN
1. Ift1t:hl Cio&h and Con5tratnUl
A. 15 ~ waul. .tu.
B. Jotnt... .tt" hi", a.c:IloOl.
2. 'roc."1
A. 11u'_ ~flttJ h...ol_nt _n1"9S U ,..1" ~ll
1. Rllport 1ft "'.ncI-ovt..
2. .....,.,.r art-tcl. tn a~d-ovt.
I. Stta cb.~1
1. Htf'l Kf'Iool eqians10n
2. c-.fttty c"-l"'C:hl Ul nor-VI
Th. Mut.M "&Ill
A. lIIt1'J.-.d ,.r..ll'liQ (5.500 ..f.),
eo ec-,fttty c.aUr lS.SOO ...f.llG,. A.r.. U.SOO ...f.l.
C. "a'ltctng .~.
D. '.11".hl ~1"'1
1. SU,....'''-u.. tl.500 ..f.1
2. Accas
J. e.c...tops
t. o..l"h, ".10
5. Ltltlttag
6. 11..,..."
t. rlaat.111g:
1. T.--.... lMrl
2. S1__
,. PUhI
G. wrch..,...
H. Tot lot
1. Pl., a,..
~. Sir ..11
..
Co CoIttftllPl\..'ftSll
A. ... I\&ftd-out
'0 c-,.rta. .ttl'l eor-eo T...1.,..1o
c. "'aM 1 ,.......
S. .,....,.1
-_._.....__.,.._.~.. -.."
....__._.,......, "'- ......-;.....-. ..0- ,.,......
...,..__._o..,-:;.,~._. .....0; .'....'
ItJ"'I~
Attachment C-8
I
I
I
I
1
I
.
I
LUTt.A.Kl PMJ(
ruUIC INVCLVEHZHT nOOJt.AH
Intro~uct1on
E..~~. o.velop~.nt Company 1. bU11GLn; a P~..d, planned
cc.muntty on t~ ...tarn ed;. or the City of Chula Viata. An
tAtevre! part Of the plan ta . .yatem or p8rka and recr..tien
.r.... varyLng in 81.. and function.
Dna .1~nt in thi. .y.t~ 1. the .C~unlty park-, two
of Which ar. planned for the t.atLake ~~unlty. Thi. report
I. concernad with the Plann1ng ot . 15-aer. community >>ark to
be ~ul1t in &Onjunctlon with. naw high .choot.
11\. parlt .~.d achooJ. wl11 be lOCated 1n E..tLaka Greene
and V111 ..rv. the futura r..ldanta of I..tt.ka .. wall..
provide apeel.lt..d racr..1Lon :8c111t10. tor the City of
Cbuh Viat..
Th. planning. develOPment and long-term auppOtt of the
perk 1_ . COOperativ. attoat of ~. t.aeL_It. Devalopeant
Campany, ~he C1~y ot Chul_ V1.t_ Perk. ~ ~ecre_~1on Dep_r~nt,
~. .w"~v.~.r High School n1.~r1c~ and t~ "OPI. Of Chyla
Vi.u.
The parle'. plan 11 bUed on . progna of Public 1nvDlve_
"n~ and 1.aye _n_ll.1. ~h.~ helped to idontity need, and
r.'olYa eone.rn.. Th1. progr_~ 1. d..tribed in _Ore _et.il
klov.
/f-Y3
Attachment C-9
L\!iT1,AJl;E PAJl.K
Pt1B1.IC IN'VOLVEH&tlT PJtOGJUI"I
In'trO~I.Ic:t.1Dn
E..tLa_. o.velopmant Ccepany 1. building I ph...d. planned
community on the ...tarn edge of the City of Chull Vilt.. An
intlgral part of the plan 1. . ay.tam of p.r.. and recr.ation
.1'.... varying in .1al and funetion.
On. alIment 1n th1a .y.t~ 18 the .eo~unlty park-, two
of Vhleh ar. planned tor the 1..tLaka e~unlty. Th1a ,.aport
1. concernad with the plann1ng of . l'-acrl ecmaunlty park to
be built in conjunction with. nav high achool.
The park and Ie-hool will" locu.ed 1n E..tLaka Cr..n.
and vIil ..rva the tutur. realdanta of &..~k. .. VIII..
provide .paelall&ed ,.aer..tion tacLlltIo1 tor the City of
ChYh Vilu.
The planning. development and long-term .u,port at the
park 1. . cooperative .ffoat of ~. a.atLakl Development
Company. the City or Ch~la Viaca .arka ~ _~r..t1on ~p.r~.nc.
~he Sweec.aCer Kigh Sehool Di.crlet and ch. people ot Ch~l.
Vi.t...
The park'. plan is ata.ad on a provr.. ot pYbl ic '.nvol ve~
..nt. and ia.we anely.ie that helped t.o identity n.ed. and
re.olva eone.rn.. Thi. provr.~ i. ...cribed in .or. d.~.il
belov.
(J'- if'!
Attachment C-10
~~
Attachment C-11
J~-Ift,
Attachment C-12
';t~ y 1
Attachment C-13
/fJV(
Attachment C-14
It--Jlfj
Attachment C-15
~~
Attachment C-16
/i"t?
Attachment C-17
Jg...t'~
Attachment C-IB
/ f..r 3
Attachment C
-19
/8-rl-
Attachment C-20
/r"~S-
<WIMMER.. Y.iMALM "ufSSOC1ATES
~_01oCA..(;IlC""(CTu.(.\.,.."o"."",,,,~
-...-......--
IASTtW ~IT\' 'M1<
....t.,. Plen htt..te of AIltlctp.tecI CoftUrUC'tlon C-pany
J.... 15. IHI
"", QU.wrIT'I' I
1. IGlILIZATlOfVSTAAT-uP COSTS
a' Allcw.ne. LS
2. 1m GRADIM6IPREPAAATION
al "t~ end1n; 590.000 ..f,
" So11 ,,..,./"'''1I1ng no.OOO ..f.
e' O""~,. .ylt.. LS
UNIT CDST I
TOTAl I
110.000.00
S 10.000.00
.0'
S 29.500.00
.25
25.000.00
1147.100.CO
S 25.000.00
3. PAYUG CXlNSlRUC'tIOH
.1 RoaCl/pll'1dnll uph_1t 16.000 ..f.
II) Conc,..U curb. 1001.'.
e) lroal f1n. CON;r.u ..lks 20.000 ..f,
Ol hlt fin. eol. cone:. Ph'1"Q 30.500 ..f.
.) Oecca.POHd gT"anlh ~tn 16.000 ..f,
f) C1t)' logo _cl..llfon SSO ..f.
1.70
12.00
1.50
2.50
.10
2.50
S T1.2ClO.OO
S 9.600.00
S 30.000.00
S 76.250.00
S 1.600.00
S 1.375.00
a. NISCEl.LMEaJS Q)H$T'JIJCTIOH
al Janel p1a~t 111" .ptll)s
1. Tot lot .,... a, c.y. 13.00 S 515.00
2. Play.,... .., c.y. u.ac s 2.5lS.00
J. Yolleyball .,... 1]0 c.y. 13.00 S 1.65tO.OO
" "'tllntn; .., h h:onCNU) 210 1.1. 30.00 S 6.300.00
eJ Sf"l'Iulllnr,.nt LS 40.000.00 S "0.000.00
" eo... p'cnle tule on p.1l 10 ... 750.00 S 13.500.00
aJ CoII:rft. plcnfc table . .a. 600.00 S 3.600.00
fl "'t.l ,,..1.0 Melt:er roc'
U25." on concrete cohanl
., COl'ICrete 11.01 & B8Q, Iilr1111 , a.. 6.750.00 S 33.750.00
II kto.k 1 e.. LS . 3.000.CO
hi Mo.cl,lrb no 1.f. 4.00 S 1.000.00
" Fla"ole. (30'M.> 3 ea. 2.000.00 S 6.000.00
JI It.e rack. 2 e.. 500.00 S 1.000.00
kl T,... "r'UI ., e.. 500.n!') S 2..000.00
1) "-eN.tlle boll.rd. , e.. 2DO.UiJ S 1.100.00
01 ConcNU ..ftdle. a e.. 700.00 S 5.600.00
01 Tr.." "ecept.:le 12.,. JOO.OO S 3.600.00
., ,.rk tflfo.l.tr~ol")' """P LS 5.000.00 S 5.000.00
.l'~ . ..... "~., __D. '._ .... _._,
-....... ..~u.........c......... ....~n_
.,.-.................... ..:;........ .".......
/fJS1o
Attachment C-21
. AttachmRnt Dl
COUNCIL AGENDA STATEMENT
Item
Meeting Date 2/6/90
ITEM TITLE:
Public Hearing: PCS-88-3, Consideration of a Development
Agreement for EastLake Greens
Ordinance Adopting
Development Agreement
SUBMITTED BY: Deputy City Manager Krempl ~ ~
the
EastLake
Greens
REVIEWED BY:
City tlanager
(4/5ths Vote: Yes___No~)
On July 11, 1989, the City Council approved EastLake Greens with varying
voti ng majori ti es on va ri ous sub items of the project. The Ci ty Council
deci ded that they di d not want to cons i der the draft development agreement
until after the EastLake III and the Olympic Training Center General
Development Plans were resolved.
RECOMMENDATION: Accept staff version of the Development Agreement.
BOARDS/COMMISSIONS RECOMMENDATION:
Commi ss i on (6-0 wi th one member
development agreement per staff.
On January 17, 1990, the Planning
absent) recommended approva I of the
DISCUSSION:
1. General
The benefit to the City in entering a Development Agreement is the
requi red part i ci pati on by the Developer to finance and construct vari ous
public facilities either over and above what the City could require under
the law or in advance of when the City could require the improvements in
order to better serve the community. The developer is required to finance
and construct those facilities normally associated with and required to
support the development. The publ i c facil i ti es taken into consi derati on
with the agreement are those that are in excess of the normal requirements
or where the developer 1 s accel erati ng the compl eti on of the improvement
to the benefit of the City and the community. While removal of the
contingencies on the Olympic Training Center site is an overriding benefit
of this agreement, it is primarily a factor in the EastLake III agreement
being considered as a companion item.
Examples of the publ ic facility benefits to the City from the EastLake
Greens agreement are as follows:
1.
Advance fundi ng and constructi on of the Phase II communi ty park
improvements including lighted softball and soccer fields, a
community center and a gymnasium ($2.6 million). The agreement
provides for a small gym which could be built, but staff
recommends that the gym proposed be enlarged and be constructed
later with monies which ::astLake agrees to provide for this
facility under the EastLakA III Development Agreement.
__.---I
/l'~7
Accacnment D2
Page 2, Item
Meeting Date 2/6/90
2. Advance funding and construction of Telegraph Canyon Road
widening to a full 6 lanes instead of only 4 lanes.
3. Advance funding toward construction of a new branch library
($1.3 million).
4.
Advance funding of downstream drainage improvements to
Canyon Drainage Channel, in part to mitigate
deficiencies ($3.0 million).
5. The dedi cati on of ri ght-of-way for future SR *125 as a freeway
pl us interchanges.
Tel egraph
existing
These improvements total about $6.9 million in value.
In return for the above benefi ts. the Ci ty woul d vest the ri ght of the
developer to develop and maintain his project for the uses and densities
set forth in the EastLake Greens SPA Plan. In addition, where the
applicant pioneers certain public facilities he will be credited against
future development impact fees and/or subject to reimbursement. Al so, in
terms of improving certain transportation facilities beyond current need,
the City woul d use its best efforts to reserve capacity for the EastLake
Greens Project to the extent feasible as stated in the Agreement.
It shoul d be noted that EastLake will be subject to all SPA and Tentative
Tract Map conditions as well as all of the environmental requirements and
mitigation. Further, EastLake Greens is subject to the City's Thresholds
Standards Ordi nance. East Chul a Vi sta Transportati on Phasing Plan, the
City's future Growth Management Program and the Public Facilities and
Finance Plan. The City has the right to stop issuing building permits as
occurred with EastLake 1, if cumulative dwelling unit totals and traffic
threshold provisions are exceeded at any particular phase. The format of
the development agreement is generally patterned after the City's mDst
current development agreement which is for Rancho Del Rey. Growth
management is one of the most important cons i derati ons and is di scussed
below.
2. GrDwth Management
The sections of the agreement on this subject are Secti ons 4.12 through
Section 4.15, p. 10 and p. 11, of the Draft Development Agreement.
Secti on 4.12 Appl i cati on of a Pendi ng General Plan Growth lolanagement
Element - This section recognizes that the City is preparing a Growth
f.Ianagement Element text and plan/program and spec; fies that when adopted
it automatically becomes a part of the agreement.
Section 4.12.1 Project Timing and Phasing Requirements - The section
poillts out that the project phasing is tied to meeting the thresholds and
the provisions of needed public improvements so long as it doesn't effect
the developer I s mi nimum project rate assurance di scussed subsequently in
Section 4.13.
/t--S'I
Page 3, Item~ent D3
Meeting Date Zlb/~U
Section 4.12.2 Limitation on Further Regulations - Aside from the
references to the General. Plan, Growth Management Element, the Financing
Plan, the Draft Transportation Phasing Plan, the Quality of Life
Thresholds and the balance of the Agreement, this Section notes that
nothing else is intended by the parties to regulate the phasing and timing
of development.
Sect.;on 4.13 Minimum Project Development Rate Assurances - The intent of
thlS section is to establish a floor or minimum authorization for the
issuance of buil di ng permi ts for the project as long as all of the other
provi s ions of the document are met. Thi s wi 11 be di scussed in greater
depth in the next section of the staff report.
Section 4.14 Modifications.to the Municipal General Plan - This section
acknowledges .the ongoing study by the General Plan Task Force, the
preliminary action by the Council on Sections 4.0 through 6.3 of the
General Plan Policies, November 21, 1989, and the outstanding referral to
a further cl ari fi cati on of the cl uster poli cy. The final acti on on th1 s
pol icy automati cally beCDmes part of the agreement. EastLake however, in
any case, is assured of no less than 1,267 dwelling units in the Greens.
(The Greens was propDsed for 3,609 units and reduced by the CDmmission and
Council to 2,774 dwelling units. The 1,267 units represent the single
family lots wi thi n the project whi ch recei ved tentative map approval in
July 1989, and these are not affected by the Policy changes.)
Secti on 4.15 "Comrni tted" Development Increment - Thi s secti on embodi es
the concept that if a particular development increment has fully met all
of its publ i c facil i ty infrastructure requi rements, the development of
that increment can proceed. Amendments to the Growth Management
Element/Plan shall not be retroactive to tha. element but shall pertain to
all "uncommitted" development increments.
3. l'linimum Project Rate Assurances
PrDposa1 s
SectiDn 4.13 makes reference to Schedule "A" attached. EastLake, through
the 7-year term of the agreement, wants assurance as to a minimum assured
number of dwelling units. Staff would ideally prefer to wait until the
Growth Management Plan is fully developed to address the issue. However,
based predominantly on the uniqueness of the Olympic Training Center
Proposal and the need for this agreement to move forward, staff feels that
the concept of a "safety net" or minimum development assurance can be
imp1 emented at thi s time. It must be approached in a very conservative
way to the ultimate long-term protection of the City and the public
interest. Staff has major disagreement with EastLake, as to both the time
frame for a minimum assurance and the number of dwelling units affected.
/f--!1
Page 4. Item Attachment D4
Heeting Date 2/6/90
The EastLake Proposal and the alternate staff recommendation are shown in
Schedule A attached as Exhibit 1 and 2. EastLake's rationale is discussed
in their attached position paper. EastLake would like to vest and assure
their ability to develop the 1,645 dwelling units which constitute Phase I
of the Greens through December 31, 1991. In subsequent years, they would
like assurance to develop at 484 dwelling units per year. They would also
like the ability to carry forward any units not developed in anyone year
to subsequent years at the rate of 100 percent not to exceed 200 dwelling
units per year. Both EastLake and the staff agree that low and moderate
income housing and custom lots should not be counted on in the
consideration of any such assurance program.
Staff's position is that only 1,250 dwelling units total should be assured
rather than the total buil dout of the Greens sought by EastLake (2,774
currently approved. 3,609 desired through subsequent amendment). Staff
feels that any assurance should be for only 3 years instead of 7.
Finally. the rate of assurance by staff is suggested at 450 units in
1990-91 versus the approximate 800+ units sought by EastLake (1,645 units
for 90-91) and 350 un; ts in 1992 versus EastLake' s 484 for that year as
well as subsequent years of the agreement.
Staff Rationale
Staff feels that any "safety net" cDncept has to be looked at in the
cDntext of at least six factors.
a. Relationship to the Transportation Phasing Plan and the SR *125
threshol d.
b. Precedent and impact on other developers in the Eastern TerritDries.
c. Historical rate of development for Chula Vista.
d. Protection of community character and quality of life.
e. Ability of all agencies - City, school, water. utility - to provide
services in a timely fashion and not be overwhelmed in any short
period of time by a "record" development pace.
f. Ultimate growth management policy/program.
With regard to the TPP (Transportation Phasing Plan) and SR #125, it
appears that the threshold requirement for *125 will occur well in advance
of the seven year life of EastLake's Development Agreement (which can be
extended under certain circumstances to 10 years). This will be a major
development constraint for Chula Vista in the future and to go beyond it
in terms of any development assurance would be imprudent. Second, it is
obvious that there is more development potential being sought cumulatively
by the various developers than can be accommodated prior to the need for
SR *125. Using information in the TPP, current project approvals and
/ r"' /,lJ
Attachment DS
Page 5, Item
Meeting Date 2/6/90
proposals, there appears to be almost twice the demand as available
roadway capacity would dictate at acceptable levels of service. This also
does not take into account the Otay Ranch potential development. Put
another way, Rancho Del Rey, Sunbow and others coul d probably absDrb all
the capacity without any further EastLake development. Or EastLake
Greens/Trails and Rancho Del Rey could develop to the exclusion of
everyone else (i.e., about 8,000 dwelling units). So, a balancing act is
important to protect the City's development opti ons, phasi ng and facn i ty
impacts, and pendi ng growth management program. Thi rd, the histori cal
rate of development in Chul a Vi sta has been about 1,400-2,000 dwell i ng
units per year. Barring evidence to the contrary, this appears to be an
acceptable benchmark. Finally. intertwined with any rate decision are
character impacts, qual i ty of 1 ife impacts, and servi ce impacts from too
rapid development. The rates advanced to staff are felt to be reasonable
ones in light of all of the above factors. It should be pointed out that
the higher allocation in 90-91 may be appropriate as EastLake and Rancho
Del Rey will be the predominant players with product ready to develop with
perhaps the additional start-up of Sunbow or Salt Creek I. Also, the Otay
Water Di strict all ocati on program will temper development in the short
range. As one goes beyond '92, more and more developers will be
theoretically vying for a shrinking pie. Also, the fDurth "barrel" water
pipeline is expected to be completed around this time. The city's growth
management p1 an will be addressing the facil ity phasing and development
phasing issue for the balance of the 90's.
In conclusion, allocating EastLake 350-450 permits over a 3-year period or
17% to 23'l. of the City's historical annual rate of developmellt, is a
conservative position. With the water allocation program, the City's
other control s and the stage that most other projects are with General
Deve 1 opment Pl ans, SPA Plans and so on the ri sks to the Ci ty can be
minimized. Development agreements for other projects should follow
adoption of the Growth Management Program.
4. Density Transfer EastLake Hills/Shores to EastLake Village Center
A final issue raised by EastLake is the transfer of 156 units authorized
within EastLake I but never used by the various merchant builders.
EastLake would like to recoup those units and add them to the 405 dwelling
uni ts al ready approved for the Vi 11 age Center (see page 6 of EastLake
Posi ti on Paper Di scussi on). On September 18, 1989, EastLake requested
that the amendment be approved administratively. On October 18. 1989,
EastLake was advi sed that this request was potenti ally si gni fi cant and
beYDnd administrative discretion. Staff concluded that environmental
review, a SPA Plan amendment applicatior, and Precise Plan were in order.
We are still of that opinion. The transfer issue should be evaluated on
its merits at that time and not be a consideration with this agreement.
FISCAL IMPACT: $6.9 million to the City in public improvements.
WPC 7156P
It.." I
Attachment El
COUNCIL AGENOA STATEMENT
Item 2./
Meeting Date 2/6/90
ITEM TITLE:
Public Hearing: GPA-90-5, Consideration of a
A9reement for EastLake III
~
Development
OrdinanCe 2356
Agreement
Adopting the EastLake III Development
SUBMITTED BY: Depu"ty City 11anager Kremp1,4"'(~ f;(
REVIEWED BY: City Manager r (4/5thS Vote: Yes_NO~l
On Oecember 5, 1989, the City council approved the EastLake 111 General
Development Plan subject to various conditions. A Development Agreement Oraft
was not yet available at the time those hearings were conducted.
RECOt+\ENDATlON: Accept the Development Agreement subject to the following
conditions:
1. Delete Section 4.4.1, the e.e1usion on Low or floderate Income Housing
provisions.
2. Add a third provision to Section 4.9.1 which states that project timing
and phasing is subject to the City's transportation phasing plan as
finally adopted, in addition to the Threshold Standards and the Growth
lia..dgement Plan.
3. Change Section 12.8, the term of the agreement, fro~ 10 years to 7 years.
BOARDS/COI>IMISSIONS RECOM1~ENDATlON: On January 17, 1 g90, the P1 anni ng
Commission (6-0 with one absentl recommended approval of the Oeve10pment
Agree~ent subject to condi ti ons. The P1 anni ng Commi ss ion 1 eft the exc1 us ion
on Low and l.\oderate Income 1I0using provisions in the 19reement and left the
term at 10 years.
On January 18, 1990, the Parks and Recreation Commission considered EastLake's
request for approval of the park layout for the Green'S Community Park as well
as the reduction in the community Park s1ze from 14.9 acres to 12.9 acres.
The Commission approved the modified park design layout but rejected the
reduced park size.
DISCUSSION:
General
The EastLake 111 Agreement generallY followS the same format as the EastLake
Greens Agreement. It is, however, at a more general level of detail and
entitlement. For example, those sect10ns in the EastLake Greens Agreement
relating to final maps and building permits have been deleted from the
/l~~
Attachment E2
Page 2, Item ;)1
Meeting Date 2/b/90
EastLake 111 agreement since EastLake 111 has not yet gone through a SPA Plan
or Tentative Map process. Likewise, while the EastLake Greens Agreement
addressed the rate of development, the EastLake 111 Agreement only addresses
land use density and intensity.
The benefits to the City in entering the agreement are as follows:
1. EastLake will remove all contingencies on the Olympic Training Center
site including its obligation to donate the 154 acre site, provide $3
million in 'capital contributions and $8 million in infrastructure
improvements to the San Diego lIational Sports Foundation or the USOC
(see Section 7, p. 12).
2. EastLake will advance the appropriate PAD fees (estimated at about
$3,657,000) or provide park improvements of equivalent value (see
Section 6.1.1 Parks on pages 9 and 10).
These monies will allow EastLake or the City to construct needed improvements
such as a 9ymnasium and other community serving public park facilities early
in the development process.
What EastLake 1 s tryi ng to achi eve wi th the agreement 1 ncl udes the foIl owi ng
assurances:
1. A vested ri ght to proceed wi th the development of the property to the
land use densities and intensities as approved by the General
Development Plan; and
2.
A right to have futur. discretionary reviews and approvals of the
property to become for purposes of the agreement, existing project
approvals.
Parks and Recreation
The Parks and Recreation requirements for EastLake are contained in three
documents-EastLake Park Agreement on the private parks in EastLake 1; the
EastLake Greens Agreement, and the EastLake 111 Agreement. The following
discussion shall tie those three elements together.
1. EastLake Park Agreement - On August 8, 1989, Council approved the EastLake
Park Agreement converting certain public parr.s in EastLake I to private
parks and approving the concept plans for the EastLake Greens Community
Park. With that agreement, the City received the following:
a. 12 lake trail benches.
b. Construction of the EastLake Greens communi ty Park, subject to
certain master plan improvements estimated at $2.6 million.
c. Construction of six lighted tennis courts to be built in conjunction
with the EastLake Greens High School.
d.
Provision of five extra acres of fully-improved parkland in a
subSequent phase of the EastLake development.
~
/t,1tJ.3
Attachment E3
Page 3, Item :i 1
Meeting Date 2/0/9U
2. Eas tLake Greens Development Agreement The draft Eas tLake Greens
Development Agreement incorporates by reference the August 1989 Eastl.ake
Park Agreement. The EastLake Greens Development Agreement goes on to
state that EastLake shall construct the first and second phases of the
EastLake Greens COlII1Iunity Park as a single phase of development. Further,
that single phase of park construction is to be accelerated and completed
by August, 1991. The Greens Agreement also clarifies that the net usable
acreage of the EastLake Greens Community Park is 12.9 acres (the 14.9
acres previously, minus 2.0 acres in SR125 slopes. The 2.0 acres is being
added back into" EastLake 11 as further discussed below). Finally, two
more lighted tennis courts are being added for a total of 8 lighted tennis
courts.
3. EastLake 111 Agreement _ The EastLake 111 Agreement includes a number of
park considerations (see Section 6.1.1, pages 9-10).
a. The EastLakc Trails Community Park will be increased by 2.0 acres or
a nei ghborhOod park in EastLake 111 will be increased by 2.0 acres.
at the City's option.
b. The additional five acres of improved park area (1.e.. open play
fields) will be provided at the City's choice added to either the
acreage of one of the neighborhood parks or as additional acreage
added to the EastLake Trail s Community Park. Thus, that communi ty
park could be increased from 17 usable acres to 22 usable acres
potentially.
c. The developer will advance approx'.,ately $1.5 million in PAD fees or
construct equivalent park improvements which could include a full
gymnasium in the EastLake Greens Park. The City may request that
money within 60 days of approval of the first tentative map in
EastLake Trails.
d. The developer will advance approximately $2.1 million in PAD fees, or
construct equivalent park improvements at the City's option, for
neighborhOod or community park facilities in EastLake 111.
With the above, and the parkland dedications called for by the EastLake 111
General Development Plan, EastLake will have fulfilled its PAD fee obligations.
Conclusion
As with EastLake Greens, EastLake 111 shall be subject to all environmental
requirements and mitigation of the General Development Plan approval.
EasUake Ill, as conditioned, will be is subject to the City's Thresholds
Standards ordinance, East Chula vista Transportation Phasing Plan, General
Plan and pending Growth Management Element and Program. Future SPA and
Tentative Map consideration will stipulate that the City has the right to stop
Issuing building permits If cumulative dwelling unit totals and traffic
threshold provisions are exceeded at any particular phase.
The provision of LOW and Moderate Income Housing will be dealt with in the
context of the overall EastLake Planned Community and should not be excluded
from consideration of EasUake 111 which is a. part of the overall community.
/f""Y
Attachment E4
Page 4, Item J 1
Meet1ng Date 2/6/90
Poss1ble amendment requests on EastLake Greens as well as SPA Plan and
Tentative Map Appl1cat10ns for EastLake 111 and eventually EastLake IV w1ll
supplement the requ1rements made 1n EastLake I to prov1de a complete package
address1ng the C1ty's hous1ng needs.
The term of the agreement should rema1n at 7 years l1m1t1ng the amount of t1me
the C1ty is comm1tted and sim1lar to the term of other development agreements.
In summary, EastLake 111 w1ll fully comply w1th the C1ty's Growth Management
Program and the 1 terns enumerated above. We be11 eve the benef1 ts to the C1 ty
are s1gnif1cant and warrant entering 1nto the agreement.
FISCAL IMPACT: Removal of OTC contingenc1e' plus $3.6 m1llion in advance
park 1mprovements or fees.
WP~ 7155P
/~-~
Memorandum
DATE:
December 6. 1995
TO:
The Honorable Mayor and City Council
FROM:
John D. Goss. City Manager
Candy Emerson. Director of Personnel C'-E
VIA:
SUBJECT: CIVIL SERVICE COMMISSION VACANCY
In accordance with the City Charter (see attached) nominations were received from the
Classified employees of the City for names of individuals to fill the current Civil Service
Commission vacancy.
Ballots were distributed to all eligible employees who subsequently voted. The results
of that vote are:
James Monaghan
66
David French
52
It is now the Council's prerogative to appoint the individual that they deem best
qualified to fill the vacancy.
If I can be of assistance in this process, please let me know.
IAK-I\CEM.353J
.2~4. - I
Sec. 609.
Civil Service commission.
There shall be a civil Service Commission consisting of five
(5) members to be appointed by the City council from the qualified
electors of the City, none of whom shall hold any salaried City
office or employment.
The members of the Civil Service Commission shall be nominated
and appointed in the following manner:
Two members shall be appointed by the city council from a list
of four (4) persons to be nominated by election of the employees in
the Classified service, two (2) members shall be appointed by the
city council directly, and the fifth shall be appointed by the City
council from a list of three (3) persons nominated by the four (4)
thus appointed. The successor of any member of the Commission
shall be nominated and appointed in the same manner as such member
was nominated and appointed.
The term of the members of ~he civil service commission shall
be four (4) years. Members shall hold office until their
respective successors are appointed. The terms of members shall
commence on the first day of July and as soon as practicable upon
the appointment of three (3) members after ratification of this
amendment, the civil Service Commission shall organize by electing
one of its members to serve as chairman at the pleasure of the
Commission. All proceedings of said Commission shall be open to
the public and a majority vote of the entire membership of such
commission shall be necessary for it to take action.
Sec. 610.
civil Service Commission: Powers and Duties.
I
I
I
I
I
I
I
I
The Civil Service Commission shall have power and be required
to:
(a) Recommend to the City council after a public hearing
thereon, the adoption, amendment or repeal of civil service rules
and regulations not in conflict with this article;
(b) Hear appeals of any person in the Classified service
relative to any suspension, demotion or dismissal;
(c) Conduct any investigation. which it may consider desirable
concerning the administration of personnel in the municipal service
and report its findings to the City Council; and
(d) Such other duties and powers as the City Council may, by
ordinance or resolution, confer upon the Commission in order to
carry out the principles of civil service in accordance with the
laws of the State of California and this Charter and to assist in
the implementation of proper employer-employee relations.
.2t1~~'1
COUNCIL AGENDA STATEMENT
Item
-</6
Meeting Date. 2/6/96
ITEM TITLE: City participation In Hire-A-Youth program
SUBMITTED BY: Councilman Jerry R. Rindone~~
(4/5ths Vote: Yes
NO~
A discussion under
on the part of the
program.
Council comments to determine if there is interest
Council to support or participate in the Hire-A-Youth
Form A.113 (Rev. 11/79)
.;1./ b - /:iIIY-:2
HOW TO HIRE A YOUTH
Hire-A- Youth Internships 1996
WHAT
Make a commitment to support one or more youth internships.
. Hire youth interns for six weeks this swnmer ($1,270 each)
. (Youth are matched to jobs in their career interest area)
. Sponsor internships through a corporate contribution
How
. Call231-HlRE
WHO
. Youth prepared to work
. Ages 16 - 21
WHEN
. Commitments confirmed within five days
. Employer orientation in March
. Youth intern interviews scheduled for April and May
. Youth interns begin work in June and July
. Program concludes in September
WHY
Since 1983, the Hire-A- Youth program has placed more than 92,000 San Diego County youth in
summer jobs. Federal funding, which previously supported this program, has been virtually
eliminated. The response is a new model, based on local private and public sector support.
We are responsible for our future, including our youth. We need to commit money and jobs to
place at least 4,000 youth this summer. Thank you for helping.
'i) /, _ ~,
-~ y~'
A partnership program of the San Diego Consortium & Private Industry Council
and the Employment Development Department
1551 Fourth Avenue, Suite 600 . San Diego, CA 92101
1996
HIRE-A- YOUTH SUMMER
INTERNSHIPS PROGRAM
PARTNERS
San Diego Consortium & Private Industry Council
Employment Development Department
Metropolitan Transit Development Board
County of San Diego
City of San Diego
South Bay Court
Service America
Manpower Temporary Services
TOPs Staffing Services
Leon L. Williams' Foundation
KNSD-TV Channel 7/39
City of Po way
City of Chula Vista
City of Santee
San Diego City Schools
· Clairemont High School . Mission Bay High School
· Crawford High School . Morse High School
· Hoover High School . Scripps Ranch High School
· Kearny High School . Mark Twain Jr.lSr. High School
· Lincoln Preparatory High School . YO.D. Secondary School
· Madison High School . Garfield High School
· Mira Mesa High School . The Charter School of San Diego
Sweetwater Union High School District
· Southwest High School . Sweetwater High School
Escondido Union High School District
Escondida High School
Grossmont High School District
· Mount Miguel High School . Valhalla High School
Santana High School
Poway Unified School District
Poway High School
San Marcos Unified School District
San Marcos High School
Vista Unified School District
Alta Vista High School
g: \jondavid\winwordlhaYlpartners.doc
SAN DIEGO CONSORTIUM & PRIVATE INDUSTRY COUNCIL
HIRE-A-YOUTH INTERNSHIPS 1996
MESSAGE PLATFORM
CRISIS (a vital youth program is at risk)
For 13 years, we have found summer Jobs for youth
No Federal funding anticipated in 1996
What will happen to our youth?
1995: 6,000 Youth had jobs
92,000 Jobs since Hire-A-Youth began
everyone starts somewhere
Remember your first summer job?
Good for youth
connects school with work
builds workplace skills
learning the value of earning
productive summer activity (off the streets, out of trouble)
Good for employers
immediate value-added (routine tasks, slow time)
long-term value-added (future workforce)
good for community (economic development)
easy to participate (231-H IRE)
Good for Community
more than "just summer jobs for youth" - its our Workforce, our Future
about us as a community taking charge; while Washington debates.
preparing our youth now for their. ours and San Diego's future.
we'll do it ourselves (and if funding is restored that s great too)
We will do it because it is the right thing and the smart thing to do for our youth,
ourselves, our community.
New funding model
Local public and private sector responsibility
Strategic, proactive approach for 1996 and beyond
Any federal funding would only enhance the program
Call to action
We are responsible for our future, including our youth
We need to commit money and jobs
Here's how you can help
. Hire youth interns for six weeks this summer ($1,270 per youth)
. Sponsor youth internships through a HAY contribution ($1,270 per youth)
. Donate to help recruit & prepare youth for internships ($600 prepares three youth)
. Participate in a vendor/supplier outreach strategy (They fill out a commitment card)
ja/g/wlnword/message _doc