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HomeMy WebLinkAboutAgenda Packet 1996/01/23 Tuesday, January 23, 1996 6:00 p.m. '. ^' n,e""'" t11at 1 ani 4 ..I f"!",~.." .....1 ~, .~t del"'Jar~ 1.ln er " - "-' 'c'~ ;0 ~~e e.....,'-' :.' C .. ' <':: ~;i' ,h,! ~ -, ~ :_~:~s'~:1 r - - " ' .. ,n ,1' - 'in Coa. d rot '"' . l' I:) ,hJ' I .' . , ' :. . - dX City !:all 01\ l ~ - '" ,,~~ ,- 'j I m ",n . ,',e ,_"~.; yif/fi-' S,(;"":lC~- l~. ; t:.. . "-- . Re.ular Meetin. of the City of Chula Vista City Council Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: Councilmembers Alevy _' Moot _' Padilla _' Rindone _' and Mayor Horton _' 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: January 16, 1996 4. SPECIAL ORDERS OF THE DAY: a. Update on Port District Matters by Commissioner David L. Malcolm. b. Proclamation commending Firefighter Gary Breton upon receiving Channell0's Leadership Award. The proclamation will be presented by Mayor Horton. c. Proclamation commending Chula Vista Cares for their dedicated support and holiday spirit. The proclamation will be presented to Sid Morris, Chairman of Chula Vista Cares, by Mayor Horton. d. Recognition of American Golf Corporation for their dedication, time and energy with respect to the Boys and Girls Club of Chula Vista 1995 Holiday Golf Tournament. Stephen Melvin, Tournament Director of the Boys and Girls Club of Chula Vista, will present an inscribed plaque to Ricke Crochet, General Manager of Chula Vista Golf Course. ***** Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now reconvene into open session to report any final actions taken in closed session and to adjourn the meeting. Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However, final actions reported will be recorded in the minutes which will be available in the City Clerk's Office. ***** CONSENT CALENDAR (!rems 5 through JO) 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 Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete the pink fomt 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. Agenda -2- January 23, 1996 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that in Closed Session on 1/16/96, Council authorized a settlement of the Chammas v. City of Chula Vista litigation in the amount of $400,000. That authority suhsequently led to a settlement of the case at that amount and it is herewith being disclosed as a reportable action of the City Council of the meeting of 1/9/96. A companion matter seeking appropriation to reimburse tbe Insurance budget by virtue of this settlement is also on this agenda. There are no other reportable actions of the meeting of either 1/9/96 or 1/16/96. It is recommended that the letter be received and filed. b. Letter of resignation from Daniel S. Way - Design Review Committee. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. 6. ORDINANCE 2660 AMENDING SECTION 10.48.030 OF THE MUNICIPAL CODE, INCREASED SPEED LIMITS IN CERTAIN ZONES, SCHEDULE IX, AND AFFIRMING TRIAL TRAFFIC REGULATION NUMBER 140 FOR EST ABLlSHING SPEED LIMITS ON FIFTH A VENUE FROM NAPLES STREET TO ORANGE A VENUE, AND ON FAIVRE STREET FROM BROADWAY TO THE CUL-DE-SAC WEST OF JACQUA STREET (second readin~ and adoption) - In July 1994, the City Engineer determined the need to establish a 30 MPH speed limit on Fifth Avenue between Naples Street and Orange Avenue, and on Faivre Street between Broadway and the Cul- de-Sac west of Jacqua Street. A traffic and engineering study was conducted by staff and it was determined that the speed limit of 30 MPH was the appropriate speed limit on the two streets. The speed limits have been in effect for eight months and action by Council will make these speed limits permanent. Staff recommends Council place the ordinance on second reading and adoption. (Director of Public Works) 7. RESOLUTION 18186 APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN CHULA VISTA POLICE DEPARTMENT AND CHULA VISTA ELEMENT ARYSCHOOLDISTRICTREGARDING THE ELEMENT ARY SCHOOL RESOURCE OFFICER PROGRAM, AMENDING THE FISCAL YEAR 1995/96 BUDGET TO ADD 1.00 POLICE OFFICERS, AND APPROPRIATING FUNDS THEREFOR - The resolution requests the approval of the increase in police sworn staffing by one officer position. The position will be used in the creation of an Elementary School Resource Officer program. The program would be jointly funded by the Police Department and the Elementary School District; the Elementary School District would supply the funding for the additional officer and the Police Department would staff another two positions with existing officer positions. Staff recommends approval of the resolution. (Chief of Police) 4/5th's vote required. 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. ') Agenda -3- January 23, 1996 9. RESOLUTION 18188 ACCEPTING A $100,000 GRANT FROM THE SAN DIEGO UNIF1ED PORT DISTRICT'S CAPITAL IMPROVEMENT PROGRAM, APPROVING THE AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE IT AND APPROPRIATING $100,000 TO A CIP PROJECT #GG155 FOR CONSTRUCTION OF A FLOW-THROUGH SEAWATER SYSTEM AT THE CIillLA VISTA NATURE CENTER - The San Diego Unified Port District has granted the Bayfront Conservancy Trust $100,000 from its Capital Improvement Program for partial funding for the construction of a seawater system at the Nature Center. The flow-through seawater system will provide continuous seawater for maintenance of exhibit animals, facilitate education programs, and allow for credible scientific research. Staff recommends approval of the resolution. (Executive Director, Bayfront Conservancy Trust) 4/5th's vote required. 10. RESOLUTION 18189 APPROVING FIRSf AMENDED AGREEMENT WITH SMITH AND KEMPTON FOR TRANSPORTATION CONSULTING SERVICES AND APPROPRIATING AN ADDITIONAL $20,000 FROM THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND - Last year, the City entered into an agreement with Smith and Kempton to provide transportation consulting services in the form of project management and advocacy services. The advocacy services portion did not include a substantial effort related to the State Transportation Improvement Program (STlP) which is proposed to include funds for SR-I25. It has become apparent that, due to competition for STIP funding, there is a need for the City to be more proactive in assuring funding and clearances for the SR-125 facility, since it is vital to the orderly development of the overall ChuJa Vista Transportation system. The proposed amendment to the contract will allow Smith and Kempton to assist the City in this regard. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. · · END OF CONSENT CALENDAR' . PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommentlation; complete the pink fonn to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual. 11. PUBLIC HEARING CONSIDERING ENACTING A GAMING PLAN PURSUANT TO SECTION 5.20 OF THE MUNICIPAL CODE - On 11/21/95, Council approved certain amendments to Section 5.20 of the Municipal Code regarding cardrooms. The changes allow any form of gambling in Chula Vista that is allowed at any other location within the state subiect to further rellU)ation under a Chuta Vista Gaming Plan. A gaming plan must be adopted by Council outlining specifics associated with wagering. The staff report only addresses Council's direction on a defined portion of the proposed gaming plan, carclrooms. The recommendations and alternatives identified were the result of a review of the gaming policies of other jurisdictions in the region and staff analysis. Staff recommends the puhlic hearing be continued to the meeting of 2/13/96. (Chief of Police, City Attorney and Director of Planning) Continued from the meeting of 1/16/96. '.--1, Agenda 12. PUBLIC HEARING -4- January 23, 1996 PCS-95-04; TENT A TIVE SUBDIVISION MAP FOR THE EASTLAKE GREENS UNIT 22, TRACT 95-04, INVOLVING 9 LOTS CONTAINING A TOTAL OF 135 SINGLE FAMILY DETACHED TOWNHOMES ON 11.68 ACRES AT THE AT THE SOUTHWEST CORNER OF NORTH GREENSVIEW DRIVE AND HUNTE PARKWAY - CALIFORNIA PACIFIC HOMES - The Tentative Subdivision Map consists of subdividing 11.68 acres into 9 lots containing a total of 135 dwelling units with 2.1 acres of interior open space, private streets. and guest parking areas. The map also includes 1.5 acres of open space which is being offered for dedication to the City. Staff recommends approval of the resolution. (Director of Planning) Continued from the meeting of 1/9/96. RESOLUTION 18175 APPROVING TRACT 95-04, A TENTATIVE SUBDIVISION MAP FOR 9 LOTS CONTAINING A TOTAL OF 135 SINGLE FAMILY DETACHED TOWNHOMES ON 11.68 ACRES AT THE SOUTHWEST CORNER OF NORTH GREENSVIEW DRIVE AND HUNTE PARKWAY 13. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-96-06; REQUEST TO CONSTRUCT AND OPERATE A WIRELESS PERSONAL COMMUNICATIONS SYSTEM AT 455 QUAIL COURT IN THE R-l ZONING DISTRICT - PACIFIC BELL MOBILE SERVICES - Pacific Bell Mobile Services is proposing to construct two 12'11" high poles with one pair each of plastic panel antennas and two 5'2" x 8'g" x 2'6 Ih" ground-mounted equipment cabinets near the northwestern comer of the property at 455 Quail Court in the R-I Zoning District. Staff recommends approval of the resolution. (Director of Planning) RESOLUTION 18190 GRANTING CONDITIONAL USE PERMIT PCC-96-06 TO PACIFIC BELL MOBILE SERVICES ALLOWING THE CONSTRUCTION AND OPERATION OF A WIRELESS COMMUNICATION FACILITY FOR A PERSONAL COMMUNICATION FACILITY AT 455 QUAIL COURT ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council's jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have beenfonvarded to them for consideration by one of the City's Boards, Commissions and/or Committees. None submitted. Agenda -5- January 23, 1996 ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, staff, or members of the general public. The items 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 available in the lobby and submit it to the City Clerk prior to the meeting. Public comments are limited to five minutes. 14. ORDINANCE 2661 AMENDING THE CAMPAIGN CONTRIBUTIONS ORDINANCE TO APPLY THE CITY'S CONTRIBUTIONS PROHIBITIONS AND LIMITATIONS TO INDEPENDENT EXPENDITURES COMMITTEES (first readin~) - 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 (1) independent expenditure committees, (2) campaign debt -- to the City Attorney for further study, report and recommendations. This report and 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 be brought back at a later time. Staff recommends Council place the ordinance on first reading. (City Attorney) 15. RESOLUTION 18191 ADOPTING COUNCIL POLICY CREATING AUTHORITY FOR APPROPRIATION TRANSFERS - On 6/27/95, Council expressed concern about not being notified of transfers of appropriations between departments and directed staff to return with a proposed policy to establish guidelines and authority fOT transferring appropriations within and between departments after budget adoption. It is recommended that a Council Policy be adopted which provides for Council approval for all transfers between departments and all transfers greater than $15,000 between summary accounts within departments, and establishes departmental control at the summary accounts level. The proposed Council Policy, as well as an Administrative Procedure, have been prepared for Council's review. Staff recommends approval of the resolution. (Finance Director and Budget Manager) 16. RESOLUTION 18192 APPROVING AGREEMENT WITH YOUMANS, BRAITHWAITE AND RECHIF, FOR THE PROVISION OF LOCKBOX SERVICES FOR SEWER BILLING AND APPROVING AN APPROPRIATION TRANSFER The Sweetwater Authority has advised the City of its intention to cease providing sewer billing services, and the two agencies have entered into a Memorandum of Understanding in this regard. It is proposed that Council approve the agreement with Youmans, Braithwaite and Rechif for lockbox services as part of the new sewer billing process and approve an appropriation transfer to allow the purchase of additional equipment to provide more efficient service to the public. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. 17. RESOLUTION 18173 APPROVING AGREEMENT WITH EYE/COMM, INC. FOR PRINTING OF SEWER BILLS AND MAILING SERVICES FOR SEWER BILLS AND OTHER CITY MAIL - In accordance with Council direction, staff circulated a Request for Proposals (RFP) for printing and mailing services for sewer billing. In an effort to reduce City expenses, as well as to improve the level of service on daily mailing, other mailing services were included in the RFP and in the proposed contract with Eye/Comm, Inc. Staff recommends approval of the resolution. (Director of Public Works and Director of Finance) Continued from the meeting of 1/16/96. Agenda -6- January 23, 1996 18. RESOLUTION 18185 APPROPRIATING $12,000 FROM THE GENERAL FUND FOR SPONSORSHIP SUPPORT TO ELITE RACING, INC. FOR THE "TOUR DE SOUTH COUNTY" BICYCLING EVENT THAT WAS HELD ON JULY 16, 1995 - The Council! Agency conceptually approved sponsorship support for the 1994 Tour de South County Bicycling event. For the July 1995 event all parties agreed to provide in-kind staff support for the event. While a formal contract was never executed, the City does benefit from the event and it was staff's impression Elite Racing had acquired adequate corporate sponsorships and did not require funding. Elite Racing is requesting reimbursement in the amount of $12,000 in sponsorship support from the City. Staff recommends approval of the resolution. (Director of Community Development, Director of Parks and Recreation and Budget Manager) 4/5th's vote required. 19. RESOLUTION 18193 APPROVING AGREEMENT WITH RICK ENGINEERING COMPANY FOR PRELIMINARY ENGINEERING DESIGN SERVICES FOR THREE INTERCHANGES ON INTERSTATE 80S, AND APPROPRIATING $550,000 FROM FUND 601-6010 FOR PROJECT TF147 - The proposed contract will retain Rick Engineering to prepare Preliminary Studies for Interchanges with 1-805 at Telegraph Canyon Road, East Orange Avenue, and Palomar A venue. Such studies are required by Caltrans prior to construction of major projects with Caltrans right-of-way. The contract also provides that Rick Engineering prepare design drawings and specifications for the Telegraph Canyon Road Interchange if Caltrans concludes that the work does not require a Project Study Report. Staff reconunends approval of the resolution. (Director of Public Works) 4/5th's vote required. 20. RESOLUTION 18194 APPROVING ENCROACHMENT PERMIT NUMBER PE-355 FOR BANNERS PLACED ON STREET LIGHT ST ANDARDS IN EASTLAKE- EastLake Development Company has requested pennission to mount cloth hanners with metal brackets on the City's street light standards io the Community of EastLake Greens and along Otay Lakes Road adjacent to EastLake's development. Staff recommends approval of the resolution. (Director of Public Works) 21. 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 the 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. Staff recommends the item be continued to the meelinl! of 2/6/96. (Director of Parks & Recreation) Continued from the meeting of 1/16/96. Agenda -7- January 23, 1996 ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council wiLl discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. Public comments are limited to jive minutes per individual. OTHER BUSINESS 22. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. b. Department Head presentation: Finance; Planning; Nature Center, Fire; and Otay Ranch. 23. MA YOR'S REPORT(S) a. Ratification of appointment to the Cultural Arts Commission - Sofia Salgado. ~~UNC~NTS~ --'<Q)41... ~ l'lStTY 24. Council member 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 1/9/96. ADJOURNMENT The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on February 6, 1996 at 4:00 p.m. in the City Council Chambers. A Special Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the City Council Meeting. Agenda -8- January 23, 1996 * * >/<I * * CLOSED SESSION Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are permitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best pro/eel/he interests of the City. The Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. 25. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 . SNMB, L.P. vs. the City of Chula Vista. . Trinidad De La Rosa vs. the City of Chula Vista. 2. Anticipated litigation pursuant to Government Code Section 54956.9 . Assessment District Delinquent Litigation. 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957 . Title: City Attorney CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 . Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employ~: Executive Management. Mid-Management. and Unrepresented. 26. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ***** COMMENDING FIREFIGHTER GARY BRETON UPON RECEWING CHANNEL 10'S LEADERSHIP AWARD WHEREAS, the purpose of Channell0's Leadership Award is to recognize individuals who focus special efforts on children, find solutions to problems, or motivate/help others; and WHEREAS, Chula Vista Firefighter Gary Breton was awarded the Channel 10 Leadership Award for developing a number of new programs for young adults to foster an interest in the fire-related and emergency medical fields; and WHEREAS, Gary's accomplishments include establishing a Bov Scout Fire Explorer Post in the Chula Vista Fire Department; proposing a Fire Science Program for Castle Park High School's Regional Occupational Program (ROP); developing and teaching in a College for Kids Program for 10-14 year old students at Southwestern Community College which provides skills such as CPR, first aid and fire extinguisher operations: NOW, THEREFORE, I, SHIRLEY HORTON, Mayor of the City of Chula Vista, California, do hereby COMMEND FIREFIGHTER GARY BRETON upon receiving Channel10's Leadership Award, and more importantly for his dedication and outstanding performance in serving the citizens of our community. t/b" / COMMENDING CHULA VISTA CARES FOR THEIR DEDICATED SUPPORT AND HOLIDAY SPIRIT WHEREAS, Chula Vista City Employees created Chula Vista Cares in 1984 to help those less fortunate throughout the community; and WHEREAS, during the last eleven years, City employees have combined their efforts to collect toys, food and cash donations during each holiday season; and WHEREAS, these donations are distributed locally to the Interfaith Shelter Network, Chula Vista Welfare Council, Project Hand, the Woodlawn Park Community Center and Thursday's Meals; and WHEREAS, the 1995 drive collected nearly $14,000 ($7,000 of which was donated by City employees), two tons of food which was used by Chula Vista Welfare Council to prepare 500 food baskets for needy families, two tons of food was distributed to Project Hand, Woodlawn Community Center which fed approximately 250 families, and 500 toys divided between Project Hand and the Woodlawn Park Community Center: NOW, THEREFORE, I, SHIRLEY HORTON, Mayor of the City of Chula Vista, California, do hereby COMMEND CHULA VISTA CARES and all of the employees of the City of Chula Vista for their continued dedication and holiday spirit. FURTHER, special recognition is extended to Sid Morris, Chairman and Berlin Bosworth, Vice Chairman of Chula Vista Cares for their endless effort, and long hours to insure this program's success. Jjc ./ Ii COUNCIL AGENDA STATEMENT Item 'It! Meeting Date. 1/23/96 ITEM TITLE: RECOGNITION OF AMERICAN GOLF CORPORATION SUBMITTED BY: JESS VALENZUELA, DIRECTOR PARKS & RECREATi~#iths Vote: Yes_ No XX) Mr. Stephan Melvin, Tournament Director of the Boys and Girls Club of Chula Vista, will present an inscribed plaque to Mr. Ricke Crochet, General Manager of Chula Vista Golf Course. Mr. Crochet and the staff at Chula Vista Golf Course are being awarded this plaque in recognition of their dedication, time and energy with respect to the Boys and Girls Club of Chula Vista 1995 Holiday Golf Tournament. Form A-113 (Rev. 11/79) l/qI;, / January 18, 1996 SUBJECT: The Honorable Mayor and city councilr" John D. Goss, City ManagerV~ ~~ city Council Meeting of January~, 1996 TO: FROM: This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, January 23, 1996. Comments regarding the Written Communications are as follows: 5a. This is a letter from the city Attorney reporting that at the Closed Session of 1/16/96, the City Council authorized a settlement of the Chammas v. city of Chula vista litigation in the amount of $400,000. That authority subsequently led to a settlement of the case at that amount and it is herewith being disclosed as a reportable action of the city Council of the meeting of 1/9/96. A companion matter seeking appropriation to reimburse the Insurance Budget by virtue of this settlement is also on this agenda. There are no other reportable actions from the meeting of either 1/9/96 or 1/16/96. 5b. IT IS RECOMMENDED THAT DANIEL S. WAY'S RESIGNATION FROM THE DESIGN REVIEW COMMITTEE 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. Please note that the following ,departments will be making budget presentations at the January 23, 1996 meeting: Finance Planning Nature Center Fire otay Ranch JDG:mab Attachments ~V~ ~~ CllY OF CHULA VISTA OFFICE OF THE CITY ATTORNEY Date: January 17, 1996 From: The Honorable Mayor and City couflJt Bruce M. Boogaard, City Attorney\~\) Revised (1-24-96) Report Regarding Actions Taken in Closed Session for the Meetings of 1/9/96 and 1/16/96 To: Re: At the City Council Closed Session of January 9, 1996, Council authorized a settlement of the Chammas v. city of Chula vista litigation in the amount of $400,000 by a vote of 3-1-1 (Rindone opposed, Padilla absent). That authority subsequently led to a settlement of the case at that amount and it is herewith being disclosed as a reportable action of the City Council of the meeting of January 9, 1996. A companion matter seeking appropriation to reimburse the Insurance budget by virtue of this settlement is also on this agenda. There are no other reportable actions of the meeting of either January 9 or January 16, 1996. BMB:lgk S:-o 276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5037 ~~~ ~ ClW Of CHULA VISTA OFFICE OF THE CITY ATTORNEY From: January 17, 1996 The Honorable Mayor and City cou14~ Bruce M. Boogaard, city Attorney~ Date: To: Re: Report Regarding Actions Taken in Closed Session for the Meetings of 1/9/96 and 1/16/96 At the City Council Closed Session of January 9, 1996, Council authorized a settlement of the Chammas v. citv of Chula vista litigation in the amount of $400,000. That authority subsequently led to a settlement of the case at that amount and it is herewith being disclosed as a reportable action of the city Council of the meeting of January 9, 1996. A companion matter seeking appropriation to reimburse the Insurance budget by virtue of this settlement is also on this agenda. There are no other reportable actions of the meeting of either January 9 or January 16, 1996. BMB:lgk 5A~/ 276 FOURTH AVENUE, CHULA VISTA' CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612 :/&,PosI.ca.s..rn,;,~~ ~ WAYCOn RECEIVE' CONSTRUCTION . DEVELOPMENT '96 JAM 12 A10 :15 .Y Of CHUlA VIS i .. il~'S OFFIC January 1, 1996 City of Chula Vista City Clerk 276 Fourth Ave Chula Vista, CA 91910 The Honorable Mayor and City Council: This is to advise you of my resignation from The Design Review Committee, effective December 31, 1995. Unfortunately, due to the instability of the economy in California, I've been working out of state. Therefore, I am unable to meet my responsibility to the Committee and The City of Chula Vista. I appreciated and enjoyed the opportunity to serve The City of Chula Vista. Sincerely, _...~ '\ A _J f..-..v) / ' Daniel S. Way k)/ I dsw;caw cc: ~'7~(lf) ~ ~---7;' < ~', ,,": .""~ ~) O-,C. ,::; ,,,-' ~" ;,r.,_, ,.." -".J1; '. L.. .~ ~ 1'~l 71-: ~7 Y~:16 5/;- / 3/30 BO/lita Road, Suite 202 . C/lU/a Vista, CA 9/9/0 . (6/9) 476-7446 Fax (6/9) 476-791\3 ( COUNCIL AGENDA STATEMENT Item ~./" Meeting Da~ 1/J..W9'6 / {? L (\\0 /' /~7? Ordinance .). ~ ~ t1 Amending Municipal1>9~ode Seclion' Y 1048030, Increased Speed Limits in Certain ~~s: Schedule IX, and Affirming Trial Traffic Regulation #140 f~S{ablishing speed limits on Fifth Avenue from Naples Street to O~~'Avenue, and on Faivre Street from Broadway to the Cul-de-S~M>est of Jacqua Street ~(,C SUBMITTED BY: Director of PUbli~ worksJ,l~ REVIEWED B>' Ci~ M,"..~j1 \y.6~1 In July 1994, the City Engineer determined the need to establish a 30 MPH speed limit, via Trial Traffic Regulation #140, on Fifth Avenue between Naples Street and Orange Avenue, and on Faivre Street between Broadway and the Cul-de-Sac west of Jacqua Street. A traffic and engineering study, as required by State Law, was conducted by staff It was determined, based on this Engineering and Traffic Survey, that the speed limit of 30 MPH was the appropriate speed limit on the two (2) streets. Prior to this Trial Traffic Regulation, the speed limit on both of these streets was not posted. The speed limits have been in effect for eight months and is before Council to make these speed limits permanent. ITEM TITLE: (4/5ths Vote Yes _ No --X.) RECOMMENDA TION: That City Council place the ordinance on first reading amending Municipal Code Section 1048.030, Increased Speed Limits in Certain Zones, Schedule IX, and Affirming Trial Traffic Regulation #144 for establishing speed limits on Fifth Avenue from Naples Street to Orange Avenue, and on Faivre Street from Broadway to the Cul-de-Sac west c: Jacqua Street, thereby making these regulations permanent. BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission at its meeting of December 14, 1995 voted MSC 5-0-2 (Commissioners Hoke and Smith absent) to approve staffs report and recommend to City Council that Council place an ordinance thereby making these regulations permanent. DISCUSSION: On May 24, 1994, staff sent to the City Council, a Trial Traffic Regulation to establish speed limits on Fifth Avenue and Faivre Street as described in the schedule below. 10.48.030 Increased Speed Limits in Certain Zones - Schedule IX Name of Street Beginnicg At Ending At Declared Prima Facie Speed Limit * Fifth Avenue Naples Street Orange Avenue 30 MPH Faivre Street Broadway Cul-de-Sac wlo 30 MPH Jacqua Street * Signs were posted on April 26, 1995. Delay due to co.1struction ~-I in the area. Page 2, Item " Meeting Date 1/16/96 Said regulation became effective when the appropriate posting of signs and pavement markings were put in place on April 26, 1995 The regulation has run for a trial period of 8 months from tlje date of such posting, at which time a review of said regulation was made to determine if it should be made permanent. A review of the traffic conditions by staff and the Police Department show that this Trial Traffic Regulation is operating effectively. Therefore, staff recommends that the Trial Traffic Regulation be made permanent. FISCAL IMPACT: The cost of signs and pavement markings is estimated to be $2,200, which includes full cost recovery factor. This work was performed as a part of the current operating budget of the Operations Division of Public Works Attachments: Exhibit A - Area Plat and Engineering/Traffic Survey for Fifth Avenue Exhibit B - Area Plat and Engineering/Traffic Survey for Faivre Street Exhibit C - Trial Traffic Regulation # 140 D\1W:Oi6U-99-CY-027 M:'HO~IE\ES'GJ:}.'EER:\GE;-..'DA\SCHEDt. LE_ TIR ~.....2... ORDINANCE NO. ~6~tJ o~ AN ORDINANCE AMENDING SECTION 10.48.030 OF THE O~~~ CHULA VISTA MUNICIPAL CODE, INCREASED SPEED 'r-'V LIMITS IN CERTAIN ZONES, SCHEDULE IX, AND.:9 AFFIRMING TRIAL TRAFFIC REGULATION #140~W' ESTABLISHING SPEED L!MITS ON FIFTH AVENUE M NAPLES STREET TO ORANGE AVENUE, AND ON~$~ VRE STREET FROM BROADWAY TO THE CUL-DE-S~QWEST OF JACQUA STREET /00\ '"b\-~ WHEREAS, in July 1994, the City Engineer determined the need to establish a 30 MPH speed limit, via Trial Traffic Regulation #140, on Fifth Avenue between Naples Street and Orange Avenue, and on Faivre Street between Broadway and the Cul-de-Sac west of Jacqua Street; and WHEREAS, a traffic and engineering study, as required by State Law, was conducted by staff and it was determined that the speed limit of 30 M.P.H. is the appropriate speed; and WHEREAS, the Safety Commission at its meeting of December 14, 1995 voted 5-0-2, with Commissioners Hoke and Smith absent, to approve staff's report and recommend to the City Council to adopt an Ordinance increasing the speed limit. NOW, THEREFORE, the city Council of the City of Chula vista does ordain as follows: SECTION I: That Schedule IX of Section 10.48.030 of the Chula vista Municipal Code, Increasing State Law Maximum Speed Limits in Certain Areas, is hereby amended to include the following changes: 10.48.030 Increased Speed Limits in certain Zones - Schedule IX Name of Street Beginning At Ending At Speed Limit *Fifth Avenue Naples Street Orange Avenue 30 M.P.H. Faivre Street Broadway Cul-de-Sac 30 M.P.H. wlo Jacqua Street * slgns were posted on Aprll 26, 1995. construction in the area. Delay due to SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption, or when the appropriate signs are erected giving no 'ce of he maximum speed limit, whichever occurs last. Pre"'o-~ - PAC KE T INFORMATI~~RST REA?ING SCANNED ~~DINANCE ON. OF THIS q/_ /~/b- 'P form J f Bruce M. Booga.r , City Attorney ~'J THIS PACE BLANK tf,,( ...... ~~ L... ._/ .'r TREE' ~ll, ~.~ i ! .J. - I -. -" '"j I r"', 1 ~..rt /~ t/...... -IE Il'> & C- o ~1 1 11111 STIIlEET ::_;. 1 I "(" 1 1 NAPLES I --. 1 ... J J Ir ~L ~..] ~ ~ i % ... ~ ~ I 4- ~ ~Um: I T A"''' [ I i- i ..... 1-1-- l-I-- I- I I OXFORD ,1 , . o , . I , " , : L- L- ... ~ I- SUBJECT AREA 11 I ~~~~ IV Exhibit A I 1 u.:. '1 ~ f- - z -- ... .. Ii: ::>> I ~- . .0 :J r -" 0 ...:. I F ....- . .,. l.' i- r I , , ~ : ..--~... o , . ! I ~ - ~ -u: ~ PLAT If... r.:J a- rot I!" ~i -... 6:"...... ~ ~ ~~=. ~ .......~ ~ - ~ I-- ...... 10- I-- ......."J, DIl_WIII " t I' L I .~/AREA , . ____ . M J,O ------- ..U" 5/12/94 ------..----- I I t I-.... ..- SPEED LIHlt - ENGlNEERlNG/TiAITIC SURVEY: StREEt: Fifth Avenue LIMITS: NavIes Street - Oran2e Avenue E.xbdng Po.ted Spud Limit: Not Mated MFH SUMMARY OF SPEED SURVEYS Sepent: Date Taken: Number Vehicles on Sample: 15th Percentile Speed: lanie of Speeds aecorded: NSDles St.- Oxford 4/6/94 100 '\R KPl-l 20-44 MPH Oxford - PalnmAT 4/6/94 100 '\~ ){1)~ 21-41 MPH P.'nm~r - nT.~iP Avp "12/94 ~O ~1 KPH 20-37 MPH .OADWAY CHARACTERIStICS Width varies 52-58 feet Number of lanes for both direction. 2 Horizontal Alignment tanj?,ent Vertical Alignment G, - +5.20. to -2.75. over 240' VC Desi2n Sceed less tha.n 35 MPr G1 - +2.00% to -6.50% over 260' VC -. TRAFFIC CHARACTERISTICS Average Daily Traffic On-Street Parking Allowed west side of roadwav nn 4690 in most ATea~. 2 hr. narkinv seament frnm N~n'p~ Street - 7:00 A m _ ~.on ~.m. on Oyfnrd ~t,.ppt Special Conditions None Accident History The accident rate on this se~ent (6.21) accidents oer million vehicle miles is hi~her than the 8vera~e rate for ~1m11ar TnAdwa.v~ in the State of 'C.liforni. of 2.28 accidents neT million vehicle mfle~_ S\.lll.VEY USULTS Study va. Praparad by Steve Smith Data 4/15/94 "commendatioD Establish 30 'MPH sneed due ~o aecldent rate which is biRher than statewide 8ver82e and vertical aliRnment. Data nc_ndadDn apprcrnd: "'/~9/f'l Iy ~""'C" ~.c~ X. 'R.~ ~,.~. Approvad 'rud limit: 30 MFH Per evc 40803. Survay Ezpire.: .4/6/99 I I , , , u_'-~\ 5 ... . I 0 I I _uuj \ , \ . I I \ : , I I . . 1 r-- , , --- ". I I I I I I I , ! I I , ... - - -.. I ~------- , . t--.. ... ... . . ~ ........ ...- I I __-1----, I I ..------ -- -..------- ~- I ---. --,--- . I I , . ___.J - .. .1- ... .. . . I .. -.. .. - - -.. -., ~-.) 0 . ~ ': 'liS I L _______ ...-----.....---.., ~--..-T-- , L.. , . . I, I J._ __.I.. ___...._. I I .. .. ___ r I r I .. .. .... -. I r-' I I -----:---_.. --., I I I .... -'.. .. .. .. , I .oJ j .. .. .. .. I I -. ---_. I t-.. .. -.. I ~ '" . . - -' .. I6l t z \. 7L c -\ . _____..J --- I , . ..--- -. c z ~ c:l f VI U Exhibit B .... < ..J Q. < L1J 0: < \ \ , j " I .... ;: SPEED LIMIT -- ENGINEERING/TRAFFIC SURVEY: STREET : LIMITS: Faivre Street Broad~av - West of JacQua Street lxi.tine po.ted Speed Limit:~ot oosted MPH StlKKARY OF SPEED SURVEYS Sepent: DeU Talten: .umber Vehicles on Sample: 85th Percentile Speed: lanee of Speeds aecorded: Broadway - West of JacQua Street 12/17/93 86 . 34 KPH 20 - 42 KPH 10AD~AY CHARACTERISTICS Width 24 - 46 Horizontal Alignment Vertical Alignment feet .umber of 1.nes for both direction. 2 Tan~ent Max ~rade less than 2% t. TRAFFIC CHARACTERISTICS Averale Daily Traffic 2.640 On-Street Parkinl Allowed Speciel Conditions Mostly industrial area without curb and lutter. Accident History The accident rate on this 8e ent (6.78 vehicle miles is higher than the average rate or 8imi ar State of California. SURVEY RISULTS Study va. Prepared by Suve Smith DaU 4/6/94 laco.mendation Establish 30 MPH loeed limit due to roadway width and Ipecial conditions. Dau rec_ndation approved: '" I"~ /91{ Iy 1!.. c<~~ x:. R~ ~..y Approved Ipeed limit: 30 MPB Per eve 40803. Survey Expire.: 12/17/98 Exhibit C l~fQEMA1'lQ~ 11'~M July 19, 1994 File: CY-021 TO: The Honorable Mayor and City Council VIA: John Goss, City Manager FROM: John P. Lippitt, Director of Public Works SUBJECT: Establishing a Trial Traffic Regulation Pursuant to the prov1s1ons of Section 10.12.030 of the Chula Vista Municipal Code, adopted by Ordinance No. 1625 on May 27, 1915, the City Engineer, with the concurrence of the Chula Vista Safety Commission, has determined that in the interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, there is hereby established : 10.48.030 SCHEDULE IX - INCREASED SPEED LIMITS IN CERTAIN AREAS Proposed Name of Street Beginning At Ending At Speed Limit Fifth Avenue Naples Street Orange Avenue 30 M.P.H. Faivre Street Cul-de-Sac wlo Broadway 30 M.P.H. Jacqua Street The City Engineer has determined the need to establish a posted speed limit in the area of Fifth Avenue described above. A traffic and engineering study, as required by State Law, was conducted by staff and it was determined that the 85th percentile speed on Fifth Avenue varies from 31 to 38 M.P.H. between Naples Street and Orange Avenue. Fifth Avenue is a 52' to 58' curb to curb residential collector street, with residences on the both sides. Based on the above mentioned traffic studies and an accident rate of 6.21 accidents per million vehicle miles which is greater than the statewide average of 2.28 for similar roadways in the State of California, and the presence of residences fronting on this street, it has been determined that the speed limit shall be posted at 30 M.P.H. The City Engineer has further determined the need to establish a posted speed limit in the area of Faivre Street described above. A traffic and engineering study, as required by State Law, was conducted by staff and it was determined that the 85th percentile speed o~ Faivre Street is 34 M.P.H. between Brc~dway and the west end of the street at its termination point wlo Jacqua Street. &'7 May 17, 1994 File: CY-027 Faivre street is a 24' to 46' wide industrial street, with several residences on the both sides. Based on the above mentioned traffic studies and an accident rate of 6.78 accidents per million vehicle miles which is greater than the statewide average of 2.28 for similar roadways in the state of California, the presence of residences fronting on this street, and the high percentage of tractor trailer traffic, it has been determined that the speed limit shall be posted at 30 M.P.H. Said regulations to become effective upon the posting of signs. The regulation shall run for a trial period of 8 months from the date of such posting, at which time a review of said regulation will be made to determine if it should be made permanent. Attachments: Area Plats Engineering and Traffic Surveys Trial Traffic #140 (C:\DENNIS\TRJNAPSP.DOC) &,..-;1) COUNCIL AGENDA STATEMENT ITEM 7 J'i'/~/' MEETING DATE 01-23-96 ITEM TITLE: Resolution to approve the partnership between Chula vista Police Department and Chula vista Elementary School District regarding the Elementary School Resource Officer program. Amend FY 1995-96 budget to add 1.00 police officer and appropriate funds therefore. n1J SUBMITTED BY: Chief of pOliceK! REVIEWED BY: City Manage~ (4/5th's Vote: Yes x No ) The Sweetwater Union Higlt--'school District (SUHSD) and the city of Chula Vista participate in a highly successful program to provide four full time School Resource Officers (SRO) to serve the 10 public secondary schools (7-12) within the city limits. The costs of this program are shared with SUHSD. It is now proposed that this successful School Resource Officer program be extended to the Chula vista Elementary School District and be titled, the Elementary School Resource Officer (ESRO) program. It would allow three officers assigned full time to serve all 27 elementary schools (K-6). The ESRO program would be jointly funded by the Chula vista Police department and the Chula vista Elementary School District (CVESD). CVESD Superintendent, Libia Gil, and the chief of police, Rick Emerson, have agreed in concept to this program. To go along with the officer the city already has to coordinate the School Safety Program, and one of the Crime Bill officers, the program would envision hiring one additional peace officer. This position would be fully funded by the CVESD. This program would significantly improve the level of service provided to the CVESD at no cost to the city. Revenues brought in by this program will offset the addition of one officer to the Department. BOARD/COMMISSION RECOMMENDATION: N/A RECOMMENDATION: Approve the partnership with CVESD. Amend the budget to add 1. 00 police officer with offsetting revenue to be provided by the Chula vista Elementary School District. DISCUSSION: The Police Department has the responsibility of providing law enforcement services to the CVESD. These services include prevention, intervention and enforcement. Traditionally those services have been reactive in nature and primarily supplied by the patrol beat officer. 7-/ COUNCIL AGENDA STATEMENT PAGE 2, ITEM 7 MEETING DATE 01-23-96 The Police Department provided a School Patrol Officer for over three decades whose function has been coordinating traffic safety around school sites. In addition, the Police Department has also provided Gang Alternative Program (GAP) training on an overtime basis. The current system has been in place for over 30 years with little or no change. During this time, the number of schools in the CVESD has grown to 33. The officer assigned to School Safety Patrol has been able to maintain the duties related to the School Patrol children but has no time to provide other needed services. The growth of the district and changing demands and needs have created the need for an improved method of providing service. The change to an Elementary School Resource Officer program is the appropriate police deployment for today's issues. The ESRO program is designed to address current needs, strengthen an existing partnership and decrease potential juvenile offenders before they enter the criminal justice system. Over the past three decades police attention to elementary school aged children has become an important local issue. Children are exposed to drugs, violence and crime at a much younger age than ever before. Children in elementary school not only know about gangs, weapons and drugs, but, are actually involved with them at an alarming rate. This trend places not only the involved children at risk but also other children, faculty and staff. Now, more than ever, preventing children from becoming involved in anti-social behavior is a high priority. The ESRO program would provide services such as o Working to continue safe, drug free and productive cam~uses o Focus on and intervene with students in at risk situatlons o Provide first response to all law enforcement matters on campus o Provide high visibility of uniform officers on campus o Other services to be provided as described in the MOU (Attachment A) . Trust and confidence in people and programs is very difficult to achieve. Buildin~ trust and confidence is almost impossible when the people change dally and the programs are delivered by whomever is available. with dedicated ESROs, who have received specialized training, and whose sole responsibility is service to the students and staff of CVESD consistency is developed. The same officer will deliver the same message each time. Consistency of police personnel creates the trust and confidence needed to deal with at-risk youth. The only existing police programs directly impacted by the ESRO program is the School Safety Patrol program. The responsibilities for this program will be divided among the three ESROs based on geographic responsibility. ? "' ,)... COUNCIL AGENDA STATEMENT PAGE 3, ITEM MEETING DATE 7 01-23-96 The additional personnel resources provided will come from the one new funded position and from one of the Crime Bill officer positions. In 1995 the City of Chula vista received funding to add four additional Community policing officers. One of these officers will be assigned to this program with the remaining three Crime Bill officers continuing their deployment in the uniform patrol division. The ESRO program would be staffed by three officers. The CVESD would fund one F.T.E. and be billed $79,974.00 for the first year of the program. This amount includes the cost of one officer, all associated equipment and vehicle maintenance and replacement. This program would be governed by a memorandum of understanding (Attachment A) between the CVESD and the Chula vista police Department. The CVESD would like to begin this program in early 1996. The CVESD is using grant funds for this program for one year. Should CVESD opt not to continue this program after the initial year the new officer position will be eliminated through attrition. FISCAL IMPACT: Revenues from CVESD will be utilized to create a new officer position. $79,974 will be provided for first year operation by CVESD. This will offset costs associated with hiring one additional sworn officer and equipment. $41,836 will be reflected in FY 1995-96 budget. This amount includes five months officer salary, retirement, flex benefit, workers compensation, and the full 12 month amount for uniform, cleaning, safety gear, auto replacement and maintenance. The remaining $38,138 will be reflected in FY 1996-97 budget documents. cym 7- J /7-1 RESOLUTION NO. IIrI Y" RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN CHULA VISTA POLICE DEPARTMENT AND CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING THE ELEMENTARY SCHOOL RESOURCE OFFICER PROGRAM; AMENDING THE FISCAL YEAR 1995/96 BUDGET TO ADD 1.00 POLICE OFFICERS AND APPROPRIATING FUNDS THEREFOR WHEREAS, there are 27 public elementary school (K-6) within the Chula vista city limits; and WHEREAS, the city provides one police officer to coordinate the School Safety Patrol program; and WHEREAS, the Sweetwater Union High School District and the city of Chula vista participate in a cooperative program to provide four full time School Resource officers to serve the 10 public secondary schools (7-12) within the city limits; and WHEREAS, the Elementary School Resource officer (ESRO) program would allow three full time officers assigned full time to serve all 27 elementary school; and WHEREAS, the ESRO program would be jointly funded by the Chula vista Police Department and the Chula vista Elementary School District (CVESD); and WHEREAS, the program would require hiring one additional peace officer which position would be fully funded by the CVESD; and WHEREAS, the other two positions would be filled by the existing School Patrol Officer and one of the already hired crime bill officers; and WHEREAS, this program would significantly improve the level of service provided to the CVESD at no cost to the city and revenues brought in by this program will offset the growth in the department. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve the Memorandum of Understanding between Chula vista Police Department and Chula vista Elementary School District regarding the Elementary School Resource Officer Program, a copy of which is on file in the office of the city Clerk as Document No. - 7-.> BE IT FURTHER RESOLVED that the Chief of Police is hereby authorized and directed to execute said MOU on behalf of the City of Chula vista. BE IT FURTHER RESOLVED that the Fiscal Year 1995/96 budget is hereby amended to add 1.00 Police Officers. Presented by $41,836 is 3864. BE IT FURTHER RESOLVED that the hereby appropriated to Police Reimbursement Richard P. Emerson, Chief of Police Bruce M. Attorney c: \rs\esro 7~~ MEMORANDUM OF UNDERSTANDING BETWEEN CHULA VISTA ELEMENTARY SCHOOL DISTRICT AND CITY OF CHULA VISTA MISSION STATEMENT: It is the mission of the Chula vista Elementary School District in concert with the Chula vista Police Department to provide a safe, secure, orderly teaching and learning environment for all students and staff within the Chula vista Elementary School District and the city of Chula vista. Ensuring the safety welfare, and best possible educational opportunities is a priority for the District and the Police Department. On-campus School Resource Officers' primary focus will be early intervention focused on services to elementary school youth and overall improved community relations. As a result, the Chula vista Elementary School District and the city of Chula vista Police Department agree to undertake the following responsibilities and expectations to achieve these mutual objectives: A. SCHOOL DISTRICT'S ROLE AND RESPONSIBILITY 1. Ensure student welfare portal to portal; 2. Develop procedures to handle campus safety issues; 3. Establish and follow procedures for referring School Resource Officer involvement; and 4. Cooperate with and support in a proactive manner the City of Chula vista Police Department School Resource Officers efforts and work with students, school personnel, parents and the community. B. SCHOOL RESOURCE OFFICERS' ROLE AND RESPONSIBILITY 1. Work with staff and community to help continue safe, drug free, and productive educational experiences for boys and girls in the District. Work with each site principal. 2. When requested, attend parent conferences/meetings. 3. Attend S.A.R.B. (Student Attendance Review Board) and meetings. 4. Refine classroom and faculty presentations related to dru~ and alcohol abuse prevention, gang alternatives, dec1sion making, conflict resolution, and other appropriate topics. 5. Create channels of communication with students and families. ATTACHMENT A ?? Memorandum of understanding Page 2 6. Focus and intervene with students in at risk situations. 7. Collaborate and plan service and support with school site principal. 8. Schedule security activities as needed. 9. Provide first response in all law enforcement-related matters as they occur during regular school hours. 10. Attend various sporting events and school activities as needed for proactive enforcement and interaction. 11. Document all incidents of crime as per department regulations. 12. Provide high visibility of uniform police officer presence on the campuses of the Chula vista Elementary School District. 13. continue to work with community agencies. 14. continue to work with parent/teacher groups as needed throughout the District. 15. continue to work with school staff and District personnel in matters of mutual concern such as education, prevention and intervention in the areas of alcohol and drug use on campus, safety of students and staff on campus, gang related violence and crime, campus intrusion, and loss and/or damage to property. C. TrME FRAME This Memorandum of Understanding shall remain in effect for 12 months commencing February 01, 1996 and ending January 31, 1997. Either party shall have the right to cancel this Memorandum of Understanding upon 90 days advance written notice during the term of this agreement. D. SPAN OF CONTROL/JURrSDrCTrON Prevention/education/training/proactive activities will take place at all schools of the Chula vista Elementary School district. The officers will remain under direction and control of the Chula vista Police Department. Requests for work assi~nment will be developed by Instructional Services and indiv1dual school sites, and will be issued to the Juvenile Sergeant of the Chula vista Police Department, who will thereafter direct the School Resource Officer to respond appropriately to the request. Offices will be jointly selected by District and Police Department staff. ATTACHMENT A ?-y Memorandum of Understanding Page 3 E. RESOURCE Resource and local management will be coordinated at: Chula vista Elementary School District 84 East "J" Street Chula Vista, CA 91910 (619) 425-9600 city of Chula vista Police Department 276 Fourth Avenue Chula Vista, CA 91911 (619) 691-5124 F. COST Two officers will be funded bI the city of Chula vista Police Department and one officer wi 1 be funded with Safe and Drug Free Schools augmentation funds from the Chula vista Elementary School District. Three officers and the associated logistical equipment will cost $239,922 for the 12 month project. Therefore, under the proposal, Chula vista Elementary School District's share will be $79,974. This Memorandum of Understanding will be effective February 01, 1996, and the Chula vista Elementary School District will pay upon execution of this Memorandum, to the Finance Director of the City of Chula vista the agreed amount of $79,974. If the agreement is canceled as herein permitted, city shall forthwith return to the District the portion of such payment allocable to the period of the term subsequent to the effective date of cancellation. G. EVALUATION Operational measures will be developed to determine baseline and post-program survey data to evaluate effectiveness of the program and provide statistical evidence for possible future grant procurement. The School Resource Officer will assist in data collection. ATTACHMENT A 7-' Memorandum of understanding Page 4 H. NO INDEPENDENT BASIS FOR LIABILITY Nothing herein shall create, by this or other Understanding between the parties, an independent basis for liability of the city to either the District or to a third party for failing to respond or for responding to a call for police services in a dilatory or negligent manner. The City's liability, if any it may have, shall be that as determined by law without regard to the existence of this Agreement. CHULA VISTA ELEMENTARY SCHOOL DISTRICT CITY OF CHULAVISTA By: By: Date: Date: ATTACHMENT A 7'/~ F COUNCIL AGENDA STATEMENT Item 15" Meeting Date 1/23/96 ITEM TITLE: Resolution /'1'1 i? Amending the FY 1995-96 Budget and Appropriating Funds from the Available Fund Balance of the General Fund to the Insurance Budget SUBMITTED BY: Director of personnel~l REVIEWED BY: City Manag~~ ~ 1J.!!). An appropriation of $400,000 from the available General Fund fund balance is required to supplement the Insurance Budget for the settlement of the Gina Chammas v. City of Chula Vista lawsuit. (4/5ths Vote: YesXNo~ 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. The funds appropriated for public liability claims in the FY 1995-96 Insurance Budget are insufficient to cover the settlement of this case and all anticipated claims costs for the year. Because settlements of this size are not predictable, they are 110t included in the budget until their impact is known. 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 expended by authorization and approval of the Finance Director in accordance with the settlement agreement. \risk.I72 8'~/ /;-2 RESOLUTION NO. /(r'/ i"? 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 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. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Chula Vista does hereby appropriate $400,000 from the General Fund to the Insurance Budget Account 100-0700-5283, and authorizes the Finance Director to authorize and approve the expenditure of these funds. Candy Emerson, Director of Personnel Presented by \risk.173 8..) COUNCIL AGENDA STATEMENT Item 9 Meeting Date 1/23/96 ITEM TITLE: Resolution Iy/rr:) accepting a $100,000 grant from the San Diego Unified Port District's Capital Improvement Program, 2) approving the agreement and authorizing the Mayor to execute it and 3) appropriating $100,000 to a CIP project #GG155 for construction of a flow-through seawater system at the Chula Vista Nature Center. SUBMITTED BY: Executive Director, B~yfront Conservancy Trust ~ /" (""" -" City Manager j j . '-11 d f:/ REVIEWED BY: (4/5ths Vote: Yes_X_No_) The San Diego Unified Port District has granted the Bayfront Conservancy Trust $100,000 from its Capital Improvement Program for partial funding for the construction of a seawater system at the Nature Center. The Chula Vista City Council approved a $400,000 grant from the State Coastal Conservancy for this same project at their December 12, 1995 meeting. Currently the aquaria and petting pool at the Chula Vista Nature Center are supplied by a recirculating seawater system that uses water trucked to the site. We now spend about $1,250 per month to import seawater. More importantly, we are unable to display several species because they are filter feeders which eat plankton. Microscopic food (phytoplankton and zooplankton) would be available to them in a flow-through system, but are never present in the required abundance in the trucked-in water. Our seawater system was designed to operate as either closed-cycle or open-cycle (with the addition of an offshore intake). We have been having difficulty maintaining our fishes and invertebrates because of thermal and chemical water quality problems that could also be solved by conversion to a flow-through system. The flow-through seawater system will provide the Chula Vista Nature Center with continuous seawater for maintenance of exhibit animals, facilitate educational programs and allow for credible scientific research. RECOMMENDATION: That Council 1) accept the $100,000 grant, 2) approve the agreement and authorize the mayor to execute it and 3) appropriate the $100,000. BOARD/COMMISSION RECOMMENDATION: The Bayfront Conservancy Trust Board of Directors has authorized and directed the Executive Director to secure funding and to construct the seawater system as soon as possible. The State Coastal Conservancy would like us to complete the project as soon as possible. 9,/ DISCUSSION: The receipt of this $100,000 grant is further evidence of our continual efforts to seek grants and donations in support of the Nature Center. The construction of the system will not only greatly improve our exhibit and educational capabilities it will reduce our annual operations expenses because we will not have to pay to truck-in water, a savings of $15,000/year. Since this grant and the one from the State Coastal Conservancy will be charged for OCT overhead expenses, they will reduce the amount of money that the BCT will borrow from the City and the Redevelopment Agency to pay for our operations and maintenance. Since 1987 the Executive Director has pushed for the construction of a flow-through seawater system and has sought grant funds and donations to fund the project. Grant funds were used in 1988 to design the seawater system and permitting activities began at that time. We plan to complete construction between September 1 and April 15, 1996 because our permits prevent construction activities during the Least tern nesting season. All permits and environmental clearances have been received. If we are unable to complete construction before April, 1996, we will plan to begin construction in September 1996. FISCAL IMP ACT: This project results in a gain of $100,000 in funding. Once the seawater system is operational, it will save the BCT $15,000 per year because we will not pay to truck-in seawater but there will be some ongoing operations costs. The grant will help to support the operation of the nature center by providing for overhead expenses and thereby reducing the amount of money loaned by the City. All of the funding for this project will come from the grant administered by the State Coastal Conservancy and funds from the San Diego Unified Port Districts' CIP program. None of the construction funds is from the City of Chula Vista's General Fund nor any other City fund. 9,.2 RESOLUTION NO. /y! ,p/~. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $100,000 GRANT FROM THE SAN DIEGO UNIFIED PORT DISTRICT'S CAPITAL IMPROVEMENT PROGRAM, APPROVING THE AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE IT AND APPROPRIATING $100,000 TO A CIP PROJECT #GG155 FOR CONSTRUCTION OF A FLOW-THROUGH SEAWATER SYSTEM AT THE CHULA VISTA NATURE CENTER WHEREAS, the San Diego Unified Port District has granted the Bayfront conservancy Trust $100,000 from its Capital Improvement Program for partial funding for the construction of a seawater system at the Nature Center; and WHEREAS, currently the aquaria and petting pool at the Nature Center are supplied by a recirculating seawater system that uses water trucked to the site; and WHEREAS, our seawater system was designed to operate as either closed-cycle or open-cycle (with the addition of an offshore intake); and WHEREAS, the flow-through seawater system will provide the Chula vista Nature Center with continuous seawater for maintenance of exhibit animals, facilitate educational program and allow for credible scientific research. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby accept a $100,000 grant from the San Diego Unified Port District's Capital Improvement Program. BE IT FURTHER RESOLVED that the City Council does hereby approve an Agreement between the San Diego Unified Port District and the City of Chula Vista to Provide Partial Funding for the Installation of a Circulating Seawater System for the Chula Vista Nature Center, a copy of which is on file in the office of the City Clerk as Document No. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement for and on behalf of the City of Chula vista. BE IT FURTHER RESOLVED that the City Council does hereby appropriate $100,000 to CIP Project #GG-155 for construction of a flow-through seawater system at the Chula vista Natur Stephen Neudecker, Executive Director, Bayfront Conservancy Trust / UBruce M. Attorney , city Presented by c: \rs\seawater 9- J /r-1 AGREEMENT BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF CHULA VISTA TO PROVIDE PARTIAL FUNDING FOR THE INSTALLATION OF A CIRCULATING SEAWATER SYSTEM FOR THE CHULA VISTA NATURE CENTER THIS AGREEMENT made and entered into this day of 19 by and between the SAN DIEGO UNIFIED PORT DISTRICT (District), a public corporation, and the CITY OF CHULA VISTA (City), a municipal corporation of the State of California. Recitals WHEREAS, The District Capital Improvement Program contains One Hundred Thousand Dollars (S100,000.00) for the installation of a circulating seawater system for the Chula Vista Nature Center; and WHEREAS, the Bayfront Conservancy Trust (BCT) is the operating entity of the Chula Vista Nature Center, located within the Sweetwater Marsh National Wildlife Refuge in Chula Vista; and WHEREAS, the Nature Center is owned by the Redevelopment Agency of the City of Chula Vista (Agency), a political subdivision of the State of California; and WHEREAS, the BCT was incorporated by the City of Chula Vista as a nonprofit public California corporation to oversee the Nature Center and to implement the City's local coastal plan's environmental management provisions; and 1...5 1 WHEREAS, the City of Chula Vista, Agency and BCT have a three-party agreement for a lease, loan and operating agreement for the Chula Vista Nature Center; and WHEREAS, the BCT has requested the District's allocated funds before the end of fiscal year 1996 which ends on June 30, 1996; and WHEREAS, the BCT will be responsible for the ongomg operation and maintenance of the seawater system at its sole cost once it is completed; and WHEREAS, the design documents for the installation of the seawater system have been completed by Enartec Consulting Engineers Inc., through a separate contract with the City, NOW, THEREFORE, in recognition of the recitals and the mutual obligations of the parties as herein expressed, the District and City hereby agree as follows: The Parties A~ 1. Construction of the circulating seawater system will be as designed by Enartec Consulting Engineers Inc., which basically specifies the materials and equipment necessary to provide a 75-gallon per minute circulating system for the Nature Center's marine exhibits. The District shall have no responsibility, control or obligations for the design, construction, maintenance or operation of the seawater system. 2. The City will advertise the project for competitive bids and award the contract and issue the Notice to Proceed to the lowest responsible and reliable bidder. 9'? 2 3. The City will provide construction management and administration of the project during construction. 4. Total cost of the circulating seawater system is estimated at Five Hundred Thousand Dollars ($500,000.00). The District will provide to City a maximum of One Hundred Thousand Dollars ($100,000.00) as follows: Sixty Five Thousand Dollars ($65,000.00) within Thirty (30) days after the date of the contract's Notice to Proceed and Thirty Five Thousand Dollars ($35,000.00) within Thirty (30) days after the date of final acceptance of the completed project by the City. Payments will be made upon written request by the City. 5. The maximum expenditure under this agreement by the District shall not exceed One Hundred Thousand Dollars ($100,000.00). Notwithstanding such payment to the City, District shall not be a party to the contract between the City and City's contractor nor have any responsibility under that contract. This agreement is made exclusively for the benefit of City and District only and not for the benefit of any third party and no third party shall have any rights under this agreement nor shall any third party have the right to enforce any provision of this agreement. 6. City will cause the BCT, at its sole cost and expense, to operate and maintain for as long as the City determines it is economically feasible. the circulating seawater system-0 There shall be no further financial participation of any kind by the District and any other costs, liabilities, expenses and change orders shall be the responsibility of the City or the BCT. 3 9'? 7. Acquisition of all necessary permits and completion of the necessary environmental review under Califorl'ia Environmental Quality Act shall be the sole responsibility of the City and the BCT. Since a portion of the project lies within District tidelands, a coastal development permit will be required from the District. The District will cooperate in processing the coastal development permit expeditiously upon submission of a completed permit application in accordance with the District's coastal development regulations. 8. City shall indemnify, defend and save District, its officers and employees free and harmless of and from all claims, demands, losses, causes of action, and liability, including legal fees, 2rising out of or resulting directly or indirectly from the planning, design, construction, maintenance or operation from the seawater system. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. DATED: ,199_ DATED: ,199_" CITY OF CHULA VISTA SAN DIEGO UNIFIED PORT DISTRICT By By By BRUCE M. BOOG dl) Approved as to form and legality By ~ jOS@ D. PATELLO 4 9~?' , - ,I I COUNCIL AGENDA STATEMENT ITEM TITLE: Item I tJ Meeting Date 1/23/96 R I. /'i'1i'9A . fi d d . h . eso utlOn pprovmg Irst amen e agreement WIt SmIth and Kempton for transportation consulting services and appropriating an additional $20,000 from the Transportation Development Impact Fee fund SUBMITTED BY: Director of Public ofWork~ REVIEWED BY: City ManageLt ~~ (4/Sths Vote: Yes-X-No_) On August 8, 1995 the City entered into an agreement with Smith and Kempton to provide transportation consulting services in the form of program management and advocacy services. The advocacy services portion did not include a substantial effort related to State Transportation Improvement Program (STlP) which is proposed to include funds for SR-125. It has become apparent to staff that, due to competition for STIP funding, there is a need for the City to be more proactive in assuring funding and clearances for the SR-125 facility, since it is vital to the orderly development of the overall Chula Vista Transportation system. The proposed amendment to the contract will allow Smith and Kempton to assist the City in this regard. RECOMMENDATION: That Council approve the resolution appropriating funds and approving the amendment to the agreement with Smith and Kempton BOARDS/COMMISSIONS: N/A DISCUSSION On August 8, 1995 the City entered into an agreement with Smith and Kempton to provide transportation consulting services. The major components of that contract involved Smith and Kempton's effort on behalf of the City: I. To pursue funding of a Federal Demonstration Project for Construction of Orange Avenue. 2. Provide comprehensive program management for planning and implementation of three 1-805 Interchanges. 3. Assure that SR-125 retains sales tax (Transnet) funding and pursue other federal/state funding options. Item 3 of the effort did not anticipate a substantial effort on other sources of funding, however recent events have changed the environment for funding. Staff is now aware of the opportunity to secure substantial funding for the SR-125 facility in the State Transportation Improvement Plan (STIP). Staff has concluded that SR-I25 is an essential facility in the orderly growth and development of Chula Vista. Studies and reports analyzing the City transportation system estimate that the City will have no remaining transportation capacity beyond approximately 2007. It) ~ / Page 2, Item / p Meeting Date 1/23/96 The State Transportation Improvement Prol!ram (STIP) The California Transportation Commission (CTC) updates the State Transportation Improvement Program (STIP) every two years. The 1996 STIP process began in the summer of 1995, with requests by the CTC for updated programming information from Regional Transportation Planning Agencies (RTPA) throughout the State and Caltrans. The STIP process is an iterative one which began in September of 1995, allowing several opportunities for adjustment based on reaction from CTC staff. The process will be completed in March of 1996 with the adoption of a new STIP. The STIP process has traditionally been an opportunity for RTPA's and Caltrans to amend projects that are already in the program and add new projects. A projected shortfall in the State Highway Account has resulted in the need for the CTC to reduce the 1996 STIP by 10 to 20 percent. Not only will this require that no new projects be added in the 1996 STIP, but the CTC has directed the R TP A's to prioritize the remaining projects identified in their 1994 STIP and anticipate that project deletions would occur for projects in the bottom 10 to 25 percent by dollar value. This will allow the CTC to delete an estimated $500-770 million of projects state-wide from the 1994 STIP. Despite these extraordinary circumstances, Caltrans has proposed the addition of $276 million in new NAFTA-related projects in the 1996 STIP. Caltrans has identified these potential additions to the 1996 STIP as "new projects with Statewide significance". This includes $125 million for SR- 125 and $17 million for Otay Mesa Road in San Diego County. If the SR-125 toll road project is canceled, it is likely that the $125 Million would be redirected to fund SR-905. Should the CTC decide to include these new NAFT A-related projects in the 1996 STIP, it would require the deletion or delay of an equivalent value of currently progranuned projects. Most of the projects that would be deleted or delayed to allow for the new NAFT A-related projects are located in Los Angeles and Orange County. The proposal by Caltrans to fund $276 million in NAFT A-related projects was discussed in depth at a Border Transportation Summit in Otay Mesa on December 8, 1995. Summit participants included federal, state, and local elected officials impacted by the border infrastructure crisis. Mayor Horton testified at this summit. While the Summit participants supported the proposal to provide $276 million in new STIP funds for the NAFTA-related projects, concern was raised over why Caltrans did not propose to program any funds to SR-905 in the 1996 STIP. Based on Caltrans' response that the segment ofSR-125 proposed for funding (e.g., north ofthe toll road project to SR- 94) had a much higher level of project readiness than SR-905 which makes it a stronger candidate for funding, the participants agreed unanimously to support the STIP recommendations. Caltrans is continuing to work with advocates for SR-905, however, to respond to their desires to provide some initial funding in the 1996 STIP for the project. Based on feedback received by CTC staff on the proposal to add these NAFT A-related projects to the STIP, it is anticipated that there will be significant opposition at upcoming CTC hearings. This includes two hearings in January and one hearing in March at which the CTC will take testimony on the 1996 STIP. /~,~ Page3, Item It? Meeting Date 1/23/96 The Contract Work Pro~ram The work program proposed to be added to the existing Smith and Kempton contract outlines a focused advocacy effort designed to support the provision of new funding for NAFTA-related projects in the 1996 STIP. The effort involves: 1. Develop a strategy for both the public hearings and subsequent meetings with CTC Staff and individual commissioners, to include presentations at the CTC hearings. 2. Coordinate the actual presentations, including development of coordinated testimony to establish the overall need for this NAFT A funding 3. Provide ongoing advocacy by monitoring the STIP process with CTC staff and evaluating the impact of San Diego region testimony and other influencing factors In the development of CTC staff recommendations. 4. Attend the March, 1996 adoption hearings to monitor potential last minute events or changes. The proposed additional budget for this effort is $20,000. Should the effort be successful, Chula Vista could realize the benefit of $125 Million in needed transportation facility. Council must appropriate the funds. There are sufficient funds in the Transportation Development Impact Fee Account to fund this project. Staff has met with the major property owners, and they concur with the need for this effort, and that it is an appropriate expenditure from the TransDIF. The current Smith and Kempton contract is for $ 166,000. This amendment will raise the value of the contract to $ 186,000. Smith and Kempton had a previous contract with the City to develop a strategic plan for transportation facilities. This contract, valued at $90,000 was completed in approximately June, 1995. FISCAL IMP ACT: The cost of the program is an additional $20,000 over the original contract price. The source of funds is the TransDIF. The TransDIF account has sufficient funds available to finance this amendment. The funds should be appropriated to account number 621-6212-5201. This is the account used to pay the existing contract with Smith and Kempton. Staff costs associated with administration of the contract will be minimal. F:\HOME\ENGINEER\AGENDA \SM _ K _ AGR.CST File: 0730-95 HX-037 1I'-3;/iJ -1 RESOLUTION NO. /8'/?9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDED AGREEMENT WITH SMITH & KEMPTON FOR TRANSPORTATION CONSULTING SERVICES AND APPROPRIATING AN ADDITIONAL $20,000 FROM THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND WHEREAS, on August 8, 1995, the city entered into an agreement with Smith and Kempton to provide transportation consulting services in the form of program management and advocacy services; and WHEREAS, the advocacy services portion did not include a substantial effort related to State Transportation Improvement Program (STIP) which is proposed to include funds for SR-125; and WHEREAS, it has become aparent to staff that, due to competition for STIP funding, there is a need for the City to be more proactive in assuring funding and clearances for the S-125 facility, since it is vital to the orderly development of the overall Chula vista Transporation system; and WHEREAS, the proposed amendment to be contract will allow smith and Kempton to assist the city in this regard. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby approve the First Amended Agreement with Smith & Kempton for transportation consulting services, a copy of the Amendment is on file in the office of the city Clerk as Document No. (to be completed by the Clerk in the final document) . BE authorized to vista. IT FURTHER RESOLVED that the Mayor is hereby execute said agreement on behalf of the city of Chula BE IT FURTHER RESOLVED that $20,000 is hereby appropriated from the Transportation Development Impact Fee Fund and transferred to Account 621-6210-STM327. John P. Lippitt, Director of Public Works Presented by c: \rs\Slith&. Kel //J, ~ j;o -? FIRST AMENDMENT PARTIES AND RECITAL PAGE(S) AGREEMENT BETWEEN CITY OF CHULA VISTA AND SMITH & KEMPTON FOR TRANSPORTATION CONSULTING SERVICES This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, on May 17, 1994, Consultant entered into a one year contract with City dated May 17, 1994 in response to a Request for Proposals to provide Transportation Consulting Services, and Whereas, the initial contract was in response to a Request for Proposals for such a consultant, and Whereas, Consultant has worked with City and a developers committee to formulate a transportation strategic plan, and Whereas, The work under the initial contract is now completed and developers and City wish to proceed with the next phase of the contemplated work, and Whereas, developers and City have reviewed proposal from Consultant for continuation of the work, and Whereas, City staff has determined the proposal to be responsible and has negotiated an agreement based on the proposal, and Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) WPC M:\home\engineer\l864.94 Page 1 /~-l OBLIGATORY PROVISIONS PAGES NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: I. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A. Paragrapb 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform lill of the services described in Exhibit A, Paragraph 8, entitled " Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A. Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defmed Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Def1l1ed Services herein set forth, City may require Consultant to perform additional consulting services related to the Def111ed Services ("Additional Services"), and upon doing so in writing. if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the 'Rate Schedule' in Exhibit A, Paragraph 11 (C), unless a separate fIXed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Def1l1ed Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. WPC M:\b~t\qinecr\1864.904 It? ,.g" Page 2 F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (I) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (I) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. Wl'CW,_~18'U' Page 3 I~JI (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the .erms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, f1les and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, itetDS and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the tertns and conditions set forth in Exhibit A, Paragraph II, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. WPC ld.:\bcme\e:aliD&cr\l864.94 Page 4 /P~/O All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. 'J'erm. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defmed Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph IS, as an "FPPC flier". Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. WPC M:\bcaeWllm.cr\J864.94 Page S /tl,// B. Decline. to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a fmancial interest other than the compensation promised by this Agreement. C. Search to :.>etermine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunc~r . F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defmed Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defmed Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Page 6 WPC M:\bame\alliDeer\I864. 94 /~ ./.2. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all f!Dished or unf!Dished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. WPC M:_qu..crI186U4 Page 7 /~~/;J 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the I.greement is terminated by City as provided in this paragraph, Consultant shall be entitled to rr,;ceive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 1 J. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defmed Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as 'Permitted Subconsultants'. 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, infcrmation, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, ove~e, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. WPC M:\1Icme'wlliDMr\l864.94 IP-/'j' Page 8 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and fLIed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defmed Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties . WPC M,lbamelalo._I864." Page 9 /t). If" ., >' I' ,. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] WPC M,_,",,"~I'.U' Page 10 /tfl,/(, -' ~, SIGNATURE PAGE TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND SMITH & KEMPTON FOR TRANSPORTATION CONSULTING SERVICES IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,19_ City of Chula Vista By: Shirley Horton, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: Bruce M. Boogaard, City Attorney Dated: , 19_ Smith & Kempton By: By: Exhibit List to Agreement (X) Exhibit A ( ) Exhibit B WPC M:\bcme\qi:Deer\l864.S14 Page It J~ ' 17 EXHIBIT A TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND SMITH & KEMPTON 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula 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: form] , a [insert business ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Smith & Kempton 5. Business Form of Consultant: ( ) Sole Proprietorship (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 980 Ninth Street, Suite 1560 Sacramento, CA 95814 Voice Phone (916) 446-5508 Fax Phone (916) 449-1692 Page 1 WPC M:\HOME\ENGINEER\1865B.95 //),/1" 7. General Duties: Consultant will take the lead role in pursuing the inclusion of the Orange A venue project as a demonstration project in the National Highway System (NHS) legislation currently being considered in Washington, D.C. Consultant will also take a lead role in managing the initial project development activities associated with interchange improvements planned on I-80S at Telegraph Canyon Road, Palomar Street, and Orange Avenue. Consultant will further develop a strategy for obtaining funding for the SR-125 facility at the State and Federal level. 8. Scope of Work and Schedule: a. Detailed Scope of Work: Task 1. Federal Demonstration Proiect for Orange Avenue The Smith & Kempton team will take the lead role in pursuing the inclusion of the Orange Avenue project as a demonstration project in the National Highway System (NHS) legislation currently being considered in Washington, D.C. The identification of this project in the NHS legislation will not result in a direct allocation of funds for the project. It will, however, put the project "in line" for consideration in subsequent, annual appropriations legislation at such time that Congress decides to fund demonstration projects. The initial step in this process will be the organization of a meeting to brief Congressman Bob Filner and his staff on the project. The Smith & Kempton team will arrange the meeting on behalf of the City of Chula Vista and coordinate scheduling with all attendees. A one-page project description and area map will be prepared to summarize the project and the desired inclusion in the NHS bill. The Smith & Kempton team will also coordinate any necessary preliminary briefings with the Congressman's staff. Meeting with other congressional representatives (e.g., Brian Bilbray, Norm Mineta, etc.) will be organized as necessary. The second step in the process will be to complete the project description package needed for submission to the House Transportation and Infrastructure Committee. This package includes a summary of the regional context, project description, project history, project benefits, and responses to 18 questions. This package will be submitted directly to the Committee with the assistance of Congressman Filner' s staff. The Smith & Kempton team will then track the NHS bill with House Transportation and Infrastructure Committee staff and identify the need for presenting testimony before the committee. Should testimony be required, the Smith & Kempton team will notify City staff and suggest potential presentors. The Page 2 WPC M:\HOME\ENGINEER\1865B.95 11),/1 Smith & Kempton team will prepare presentation materials, brief the designated presentor(s), and accompany the presentor(s) as necessary. Long-range activities, which would occur beyond the passage of the NHS bill scheduled for fall of 1995, will include tracking the actions of the Appropriations Committee both in 1995 and 1996. As with the NHS bill, the Smith & Kempton team will identify opportunities that may arise to testify before the House Appropriations Committee. Timeline: Begin lmmediately.. .. .. . Task is ongoing Task 2. Program Management for 1-805 Interchanges The Smith & Kempton team will take a lead role in managing the initial project development activities associated with interchange improvements planned on I-80S at Telegraph Canyon Road, Palomar Street, and Orange Avenue. (Note: It is assumed that program management services are not required for the I-805/H Street interchange at this time.) A summary of the key activities anticipated in the project development process for the upcoming year, which are described in more detail in the following text, for the I-80S interchanges is provided below. . Activity 2a: Refine Project Development Approach . Activity 2b: Draft Traffic Report . Activity 2c: Preparation of RFQ/RFP . Activity 2d: Final Traffic Report . Activity 2e: Selection of Consultant(s) . Activity 2f: Technical Studies for PSR/PR, Telegraph Canyon and Orange Interchanges . Activity 2g: Draft PSR/PRs, Telegraph Canyon and Orange Interchanges . Activity 2h: Draft Conceptual Approval Report, Palomar Interchange . Activity 2i: Draft Environmental Document for PSR/PRs . Activity 2j: Final Conceptual Approval Report . Activity 2k: Draft PSR, Palomar Interchange . Activity 21: Final PSR/PSRs, Telegraph Canyon and Orange Interchanges . Activity 2m: Draft Design Exception, Palomar Interchange The initial step in this process will be a review of the initial project development approach described above. The review will also include a discussion of the budget that should be allocated to these studies as well as a schedule for project completion. The meeting will include an introduction to any new City staff members that will be involved in this initial project development process. Page 3 Wl'C M:\HOME\ENGINEER\1865B.';'5 /1) ,~ Once the study approach is confirmed, the Smith & Kempton team will take the lead in the following activities related to the preparation of the PSRlPR and PSR documents. . Preparation of RFQ and/or RFP documents, . Coordinate establishment of Project Development Team, . Assist City staff in evaluating cop.sulting firms for work to be performed, . Development of Implementation Team and Developer Advisory Committee meeting schedules, · Preparation of agenda statements, . Oversight of consultant work products and schedules, . Coordination between City, Consultants, and Caltrans, and . Troubleshooting problems and/or project constraints. The following technical services will be provided by the consultants hired by the City of Chula Vista and managed by the Smith & Kempton team. . Conceptual and Preliminary (pSRlPR only) Engineering . Environmental studies . Structural Engineering . Geotechnical Engineering . Right-of-way Engineering Urban Systems, under the overall direction of the Implementation team and in conjunction with the City of Chula Vista and Caltrans staff will develop the required traffic data for existing, opening, and year 2015 scenarios from available information. The traffic data which dictates design will be developed for the interchanges for which PSR or combined PSRlPR documents are being prepared. In addition, the East H Street and Otay Valley Road interchanges will be included to assure corridor and traffic data integrity. Timeline: Begin immediately. . . . Task is ongoing as indicated Task 3. SR-125 Advocacy The Smith & Kempton team will also develop a strategy for obtaining funding for the SR-125 facility at the State and Federal level. Under current ~ law, funds can not be provided to the SR-125 project if it is to be implemented as a private toll facility as currently planned. The Smith & Kempton team will monitor pending state and federal legislation for any funding opportunities that may arise through new legislation. The ISTEA legislation did provide more flexibility in the application of federal funds for toll projects by eliminating barriers to the use of Federal funds for toll projects. WPC M:IHOMEIENGINEERI1865B.95 Page 4 /~ 'c:J.! The developer advisory committee is supporting and privately funding local advocacy efforts related to the implementation of SR-125 from SR-94 to the Otay Mesa Border Crossing. These efforts are occurring separately from the Smith & Kempton work program outlined herein. The focus of the local effort involves a wide variety of entities including, municipalities, County of San Diego, community groups, citizen coalitions, SANDAG, CalTrans, and elected officials. The Smith and Kempton team will be available to facilitate these advocacy efforts when coordination is needed with state level agencies and/or elected officials. Task 3a: Develop Advocacy Strategy Smith & Kempton will develop an advocacy strategy both for the public hearings scheduled in January, 1996, and subsequent meetings with CTC staff and individual commissioners. Key presentations for the projects will occur on the following dates. January 18 - CTC Legislator's Day January 23 - CTC Southern California STIP Hearing The advocacy strategy will be based on meetings with CTC staff and individual commissioners as well as discussions with key agency and private sector staff in San Diego. It will include an assessment of the appropriate scale, approach, and speaker sequence for each presentation. Task 3b: Coordinage Presentations For Legislator's Day, Smith & Kempton will coordinate presentations to the CTC with legislators from the San Diego region. This will include the development of coordinated testimony that will establish the need for this extraordinary funding package, other efforts being undertaken in San Diego County to respond to this need, the benefits of the two projects to be funded by the CTC, and the impacts of not providing these funds. For the Southern California STIP Hearing, Smith & Kempton will work with area agency and private sector staff in San Diego to identify a focused group of elected officials and business leaders who will make presentations. Smith & Kempton will develop coordinated testimony similar to that provided for Legislator's Day for the presenters. Task 3c: Provide Ongoing Advocacy Smith & Kempton will meet with CTC staff to determine the likely impact of testimony by the San Diego region as well as other regions throughout the state on proposed elements of the STIP. CTC staff recommendations are typically released three to four weeks prior to the adoption hearing scheduled for March 27, 1996. \we M:\HOME\ENGINEER\1855B.95 Page 5 /p..2 .2- / '/ " ! Based on discussions with CTC staff regarding their STIP recommendations, a follow-up strategy will then be developed for interim advocacy efforts prior to the March adoption hearing. It is anticipated that several meetings and/or conference calls will be required to carry out an ongoing advocacy effort. Task 3d: Attend March Adoption Hearing Smith & Kempton will attend the STIP Adoption Hearing, which is planned in March, to monitor potential last minute changes in commission direction and respond appropriately. Timeline: Begin immediately...... task is ongoing Coordination Process Two standard meeting dates each month are established as part of this contract. The suggested dates and meeting purposes are summarized below. · 2nd Friday of each Month: 1. Monthly Project Development Team meetings for all three 1-805 interchanges (10:30 AM, 1:00 PM, 2:30 PM) 2. Lunch Briefings as necessary . 4th Friday of each Month: 1. Monthly Progress Meeting 2. Meetings on Funding Advocacy Issues 3. Follow-up focused troubleshooting meetings on 1-805 interchanges 4. Attendance at SANDAG Board meetings as necessary The Smith & Kempton team will coordinate a monthly progress meeting on the fourth Friday of each month as feasible and/or conference call with City staff and the Developer Advisory Committee. The team believes that two monthly meeting dates will be required, at a minimum, to adequately move forward the project development process for the 1-805 interchange projects. More frequent meetings may be required, once consultants are selected, in the early stages of the process. This will be accomplished as needed by setting meetings on the Thursday preceding the above meeting dates. These regular meetings will be augmented by special meetings in between for necessary trouble shooting and project advocacy. This coordination process is not considered a separate task, but shall be considered part of the three tasks included herein. The Smith & Kempton team will file a monthly statement of services performed outlining progress on each of the above tasks. Said statement shall be reviewed by staff and Developer Advisory Committee to determine whether satisfactory progress has been made on each task. A determination of unsatisfactory progress WPC M:IHOMEIENGlNEERI1865B.95 Page 6 IR'-2 J may be grounds for termination of this contract under paragraph 10, Termination of Agreement for Convenience of City, of the agreement. b. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement () C>ther: c. Dates or Time Limits for Delivery of Deliverables: NfA d. Date for completion of all Consultant services: Consultant services shall be completed within 12 months of the effective date of this agreement, except that, by mutual agreement, this agreement may be modified to provide for additional services, extending past said 12 month period, but not to exceed an additional period of 12 months. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. () Errors and C>rnissions insurance: None Required (included in Commercial General Liability coverage). () Errors and C>rnissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: NfA 11. Compensation: a. ( ) Single Fixed Fee Arrangement. WPC M:\HOME\ENGINEER\1865B.95 Page 7 /~ DJ.r ~ !~ For performance of all of the Defmed Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee b. (X) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defmed Services by Consultant as are separately identified below, City sh;:ll pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Budget for activities by work task are shown on Exhibit B, attached. Task Fee for Said Phase 1. Federal demonstration project for Orange Avenue $ 18,000 - payable in 12 equal monthly installments 2. Program management for I-80S Interchanges $ 109,600 - Payable in 12 equal monthly installments 3. SR-125 Project Advocacy $ 26,400 - Payable in 12 equal monthly installments $ 20,000 - Payable in 2 monthly installments c. ( ) Hourly Rate Arrangement For performance of the Defmed Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: i. ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation") . WPC M:IHOMEIENGINEERI1865B.95 Page 3 )~ -.2> ii. () Limitation without Further Authorization on Time and Materials Arrangement Category of Employee of Consultant Name Hourly Rate Principal D. J. Smith $150 Principal Will Kempton $150 Senior Vice President Bob Grandy $105 Principal Transportation Andrew Schlaefli $105 Consultant At such time as Consultant shall have incurred time and materials for each task ("Authorization Limit") as follows, Consultant shall not be entitled to any additional compensation for that task without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule WPC M:IHOMEIENGlNEERI1865B.95 Page 9 /~'~ V 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: ( ) 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: Transportation/Lodging to and from Sacramento will be compensated on an actual cost basis for Meals, Lodging and transportation costs. Transportation/lodging costs not to exceed $12,000. Total contract amount not to exceed $186,000. 13. Contract Administrators: City: Clifford Swanson, City Engineer Public Services Building 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5021 Consultant: Will Kempton Smith & Kempton 980 Ninth Street, Suite 1560 Sacramento, CA 95814 14. Liquidated Damages Rate: ( ) $ ( ) Other: per day. 15 . Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. WPC M:IHC,,>1EIENGINEERI1865B.95 Page 10 It" ~ 7 () 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 tbe regulatory, permit or licensing autbority of tbe department. () Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. () Category No.5. Investments in business entities and sources of income of tbe type which, within the past two years, have contracted with tbe 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 tbe type which, within tbe past two years, have contracted with tbe designated employee's department tu provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. () List "Consultant Associates" interests in real property witbin 2 radial miles of Project Property, if any: None. 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: Urban Systems Associates 18. Bill Processing: a. Consultant's Billing to be submitted for tbe following period of time: ( X) Monthly () Quarterly () Otber: Weekly Page 11 WPC M:\HOME\ENGINEER\1865B.95 / P ,,,)..r b. Day of the Period for submission of Consultant's Billing: ( X) First of the Month () 15th Day of each Month () End of the Month () Other: End of week c. City's Account Number: 19. Security for Performance () Performance Bond, $ () Letter of Credit, $ () Other Security: Type: Amount: $ () Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: () Retention Percentage: _ % () Retention Amount: $ Retention Release Event: () Completion of All Consultant Services () Other: WPC M:\HOME\ENGINEER\1865B.95 Page 12 /p'.2.1 COUNCIL AGENDA STATEMENT Item No. /1 Date 1/23/96 ITEM TITLE: PUBLIC HEARING: Considering enacting a Chula vista Gaming Plan pursuant to section 5.20 of the Chula vista Municipal Code SUBMITTED BY: Chief of Police City Attorney Director of Planning REVIEWED BY: r~ city Manage2; 4/sth Vote: Yes No -L staff recommends the public hearing be continued to the meeting of 2/13/96. 11-1 COUNCIL AGENDA STATEMENT Item I~ Meeting Date 1/23/96 ITEM TITLE: Public Hearing: PCS-95-04; Tentative Subdivision Map for the EastLake Greens Unit 22 Chula Vista Tract 95-04, involving 9 lots containing a total of 13 5 single family detached townhomes on II. 68 acres at the southwest comer of North Greensview Drive and Hunte Parkway - California Pacific Homes. Resolution / i' 17~proving Chula Vista Tract 95-04, a tentative subdivision map for 9 lots containing a total of 135 single family detached townhomes on 11.68 acres at the southwest comer of North Greensview drive and Hunte Parkway- California Pacific Homes. SUBMITTED BY, nIT""" of Pl~~mg ~ REVIEWED BY: City Manage~ ~~ (4/5ths Vote: Yes_No ....XJ The applicant, California Pacific Homes, has submitted an application for a Tentative Subdivision Map known as EastLake Greens Unit 22, Chula Vista Tract 95-04, in order to subdivide and develop 11.68 acres located at the southwest comer of North Greensview Drive and Hunte Parkway (see locator). The Tentative Subdivision Map consists of subdividing 11.68 acres into 9 lots containing a total of 135 dwelling units with 2.1 acres of interior open space, private streets and guest parking areas. The map also includes 1.5 acres of open space (lot A) which is being offered for dedication to the City. The Environmental Review Coordinator has determined that the project implements and falls under the purview of FSEIR-86-04 and Addendum FSEIR-86-04(B) and that no further environmental review is necessary (see Attachment 5). RECOMMENDATION Adopt attached City Council Resolution approving Tentative Subdivision Map, Chula Vista Tract 95-04, in accordance with the findings and subject to the conditions contained therein. BOARDS/COMMISSIONS RECOMMENDATION: On November 17, 1995, the Zoning Administrator approved the project design subject to conditions (see Attachment 4). /~-/ Page 2, Item J ).. Meeting Date 1/23/96 On December 13, 1995, the Planning Commission voted 6-0 to recommend approval of Tentative Subdivision Map, Chula Vista Tract 95-04 (see attachment 3). DISCUSSION: Site Characteristics The subject site is located at the southwest corner of Greensview Drive and Hunte Parkway within the EastLake Greens Planned Community. The project site, which was graded as part of the EastLake Greens mass grading program, is irregular in shape and limited to the north by North Greensview Drive, to the south and east by Hunte Parkway (20-25 ft. below) and by the EastLake Golf Course to the south (see Exhibit A). The northwest corner of the site is relatively level with the golf course to the west and North Greensview Drive. However, the streets and golf course elevations drops rapidly from this point and around the four sides of the property, resulting in an elevation difference of 10 to 30 ft. The existing building pad slopes gradually from north to south to achieve proper drainage. Zoning and Land Use Zoning Land Use Planned Community District Land Use Designation* Site North South West PC (Planned Community) PC (Planned Community) PC (Planned Community) PC (Planned Community) - Residential, Vacant - Residential, Duplexes - Open Space, Golf Course - Open Space, Golf Course RC-15 RP-8 / OS OS-4 OS-4 * See EastLake Greens Planned Community District Regulations, Exhibit B and B-l. Proposal The development proposal consists of 17 dwelling clusters, each containing 5-10 single family detached condominiums. Each cluster features a central driveway which provides both pedestrian and vehicular access to the individual homes. Each home features a fenced private patio area and a two car garage or a combination of a single garage and an assigned open parking stall. A passive open space and guest parking at a rate of 0.5 spaces per unit have also been incorporated as part of this development. / :;. -,2. Page 3, Item 1:1. Meeting Date 1/23/96 Compliance with EastLake Greens General Development and SPA Plan The project, as conditioned, is in compliance with the EastLake I (EastLake I Extension) General Development Plan (GDP) and EastLake Greens Sectional Planning Area (SPA) Plan which designates this site (parcel R-22) as Residential Medium High Density (MH 11-18 du/ac) and for a maximum of 139 dwelling units. Compliance with Planned Communitv District Regulations The subdivision has been designed in accordance with the EastLake Greens Planned Community District Regulations which designate this parcel as RC-15, Residential Condominiums (see Exhibit B) Conclusion The Tentative map is solely for the purpose of subdividing the property for sale. The individual dwelling units will be sold as air space townhomes with the underlying land held in common by a homeowners association. The purpose of subdividing the proj ect into 9 lots is for the purpose of financing and construction phasing. As noted above, the site plan layout and architectural design of the project, including the proposed density, was found to be on compliance with the EastLake Greens Planned Community District Regulations and Design Guidelines. Therefore, the project received design review approval by the Zoning Administrator. Based on the above, staff recommends approval of the project in accordance with the attached City Council Resolution. FISCAL IMP ACT: The applicant has paid for all costs associated with the processing of this tentative map. Attachments 1. 2 J.- ot .J 6 Cotlllcil Resolutions and Ordinance~ Eid.i13i.ts ~ ~o << -'(tI,...f PtUH1~~Uo Cuullu:.;,.;,ivu r,1tnl:ttss aRJ :R:~C""lllt;nn<;l ~ ~~ Z.:.nHlg ." ~mini[Jh...tv.L lA\.C Appwval ~ ~ -~ ,,-.. V" ^ Q'iI~mlRiil~ 18 F~EHt B6-84{b1~ ~~ II(.J _ .JJ ni<:l('Ir....'lr.... ~tQtpment ~ -- JJ __ _ _ _ /1 -~.....cl<~ (m:\home\planning\luis\pcs-9504.a13 1,2- J!/J.-.5 " RESOLUTION NO. 18175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHULA VISTA TRACT 95-04, A TENTATIVE SUBDIVISION MAP FOR 9 LOTS CONTAINING A TOTAL OF 135 SINGLE FAMILY DETACHED TOWNHOMES ON 11.68 ACRES AT THE SOUTHWEST CORNER OF NORTH GREENSVIEW DRIVE AND HUNTE PARKWAY. I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as Unit 22 of EastLake Greens Tentative Subdivision Map, Chula Vista Tract 95-04; and for the purpose of general description herein consists of 11. 68 acres and is located at the southwest corner of North Greensview Drive and Hunte Parkway within the EastLake Greens Planned Community ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on July 26, 1995 California Pacific Homes ("Owner") filed a tentative subdivision map application with the Planning Department of the City of Chula Vista and requested approval of the Tentative Subdivision Map for EastLake Greens Unit 22, Chula Vista Tract 95-04 in order to subdivide the Project Site into 9 lots containing a total of 135 dwelling units with 2.1 acres of interior open space and a 1.5 acre public open space lot ("Project"); and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of 1) a General Development Plan, EastLake II (EastLake I Expansion) General Development Plan previously approved by City Council Resolution No. 15198 ("GDP"); 2) the EastLake Greens Sectional Planning Area Plan, previously adopted by City Council Resolution No. 15199 ("SPA"); and 3) a Tentative Subdivision Map, previously approved by City Council Resolution No. 15200 ("TSM"), Chula Vista Tract 88-3, all approved on July 18, 1989; 4) an Air Quality Improvement Plan, EastLake Greens Air Quality Improvement Plan (AQIP); and 5) a Water Conservation Plan, EastLake Greens Water Conservation Plan (WCP); both previously approved by City Council Resolution No. 16898 on November 24, 1992; and 6) a GDP, and SPA amendment previously approved by City Council Resolution No.18159 and Ordinance 2658 on December 19,1995; and 1-2-t D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on December 13, 1995, and voted 7-0 to recommend that the City Council approve the Project, based upon the findings and subject to the conditions listed below. E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on January 9, 1995, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: n. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on December 13, 1995, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. m. PREVIOUS EIR-86-04 AND ADDENDUM FSEIR-86-04(B) REVIEWED AND CONSIDERED;~INGS;APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and approved EIR-86-04 and Addendum FSEIR-86-04(B) and therefore no further action by the City Council is necessary. IV. TENTATIVE SUBDIVISION MAP ~INGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map as conditioned herein for EastLake Greens Unit 22, Chula Vista Tract No. 95-04 is in conformance with the elements of the City's General Plan, based on the following: a. Land Use The project, as conditioned, is in substantial compliance with the GDP and SPA which designate parcel R-22 as Medium High Density Residential (11-18 du/ac) and a target density of 11.9 du/ac and a maximum of 139 dwelling units. 1.2./ /' , , b. Circulation All of the on-site streets are private. Off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the EastLake Greens Public Facilities Financing Plan and Development Agreement. c. Housing The EastLake Greens Affordable Housing Program and Agreement has been adopted and incorporated into the SPA Plan to ensure that a minimum of 10% affordable housing including a mix of housing types and lot sizes for single-family, townhomes, condominium and various apartment densities will provide a wide spectrum of housing prices for persons of various incomes. d. Conservation The Environmental Impact Report EIR-86-04 and Addendum FSEIR-86- 04(B) addressed the goals and policies of the Conservation Element of the General Plan and found the development of this site to be consistent with these goals and policies. e. Parks and Recreation, Open Space The EastLake Greens SPA Plan provides public parks, trails and open space consistent with City policies. f. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. g. Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. h. Noise Noise mitigation measures included in the Environmental Impact Report EIR-86-04 and Addendum FSEIR-86-04 (B) adequately address the noise policy of the General Plan. The project has been conditioned to require /.2-,f' that all dwelling units be designed to preclude noise levels over 45 dBA. Additionally, all exterior private open space will be shielded by a wall, and/or buildings to limit the exterior noise exposure to 65 dBA for all outside private patio areas. 1. Scenic Highway The project site is not located adjacent to a designated scenic highway. However, a decorative wall will be provided along Hunte Parkway. j. Bicycle Routes Bicycle lanes have been incorporated within the EastLake Greens Planned Community design and are presently in use. k. Public Buildings No public buildings are proposed on the project site. The project is subject to RCT fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum sitting of units for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. V. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Tentative Subdivision Map which is stated to be conditioned on "General Conditions", is hereby conditioned as follows: 1-2 - ~ A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in Tentative Subdivision Map Chula Vista Tract 96-02 and EIR-86-04 and Addendum FSEIR-86-04 (B) except as modified by this Resolution. B. Implement Mitigation Measures Developer shall diligently implement, or cause the implementation of, all mitigation measures pertaining to the Project identified in the Final Supplemental Impact Report for EastLake Greens EIR-86-04 and Addendum FSEIR-86-04 (B). C. Implement previously adopted conditions of approval pertinent to project Comply with all unfulfilled conditions of approval applicable to Unit 22 for the EastLake Greens Tentative Map, Chula Vista Tract 88-3 established by Resolution No. 15200 approved by Council on July 18, 1989 and for the amended EastLake Greens Tentative Map, Chula Vista Tract 88-3A established by Resolution No. 17618 approved by Council on August 16, 1994. Install public facilities in accordance with the EastLake Greens Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. If phasing is proposed within an individual map or through multiple final maps, submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning. The City reserves the right to conditional approval of each final map with the requirement to provide said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. D. Implement Public Facilities Financing Plan Developer shall comply with the terms set forth in the EastLake Greens Public Facilities Financing Plan (UPFFpU), as may be amended from time to time, and shall install public facilities in accordance with the PFFP or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. /,2-/P E. Design Approval Developer shall develop the lots in accordance with plans approved under the City's design review process by the Zoning Administrator. VI. SPECIAL CONDITIONS OF APPROVAL Prior to approval of the final map unless otherwise indicated, the developer shall: STREETS. RIGHTS-OF-WAY AND IMPROVEMENTS 1. Design and construct all streets to meet the City standards for private streets, or as approved by the City Engineer. Submit improvement plans for approval by the City Engineer detailing the horizontal and vertical alignment of said streets. 2. Provide decorative pavement delineating the boundary between the public and private streets. 3. Install a pedestrian ramp on the north side of North Greensview Drive opposite the southwesterly corner of the subdivision entrance. Remove existing pedestrian ramp opposite the existing temporary AC improvements and replace with curb, gutter and sidewalk. Design and construct sidewalk and all pedestrian ramps, including those on private property, to meet City standards. 4. Replace existing AC curb and sidewalk along the project northwesterly boundary on North Greensview Drive with monolithic curb, gutter and sidewalk. 5. Remove existing curb, gutter and sidewalk at project entry and replace with cross gutter. 6. Design all public monolithic curb, gutter and sidewalk and cross gutter in conformance with City standards. 7. Designate all on site sewer and storm drain facilities to points of connections to existing public facilities within public streets as private. 8. Construct all public improvements (cross gutters, curb and gutter, sidewalk, pedestrian ramps, utilities, etc) in accordance with City standards deemed necessary to provide service to the subject subdivision. 9. Present written verification to the City Engineer from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. 1.,2-/ / ,---", GRADING 10. Provide an updated soils report or an addendum to the original document prepared by a registered engineer, as required by the City Engineer. 11. Submit and obtain approval by the City Engineer for an erosion and sedimentation control plan as part of grading plans. 12. Submit letters of permission to grade for all off-site grading. 13. Show the location of existing cutlfilllines on grading plans. 14. Submit an updated hydrology report for the project. 15. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the tentative map dated October 24, 1995 or as otherwise approved by the City Engineer and Planning Director. AGREEMENTS 16. Agree that the City may withhold building permits for the subject subdivision if anyone of the following occur: a. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. b. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards. c. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City Planning Director and Public Works Director. 17. Agree to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. /.2-/,2.. 18. Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 19. Agree to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 20. Agree to provide a continuous rear yard masonry wall at least 3.5 ft. in height extending from the units 58/59 to the unit 84/85 (units 58-62, 66-69,74-78 and 83-84). prior to issuance to building permits for each phase . The wall shall be design in accordance with the fencing guidelines established in the EastLake Greens Design Guidelines. OPEN SP ACE/ASSESSMENTS 21. Offer to grant in fee on the Pinal Map open space Lot "A". The minimum width of Lot "A" shall be 10 feet. 22. Submit a list of all facilities located on open space lots to be maintained by the existing Eastlake Maintenance District No. 1. This list shall include a description, quantity and unit price per year for the perpetual maintenance of all facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, access roads, drainage structures and landscaping. Only those items on an open space lot are eligible for open space maintenance. Each open space lot shall also be broken down by the number of acres of turf, irrigated, and non-irrigated open space to aid the estimation of a maintenance budget thereof. 23. Pay additional fees as determined by the City Engineer, into Assessment District Numbers 85-2, 90-3 and other applicable assessments districts due to a change in units approved subsequent to District formation. 24. Pay additional Transportation DIP fees as determined by the City Engineer into the DIP fund due to a change in units approved subsequent to the formation of AD 90-3, which funds a portion of the Transportation DIP. 25. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands within the boundary. Request apportionment and provide a deposit to the City estimated at $25/unit/distrlct to cover costs. 1.2-IJ 26. Prepare a disclosure form to be signed by the home buyer acknowledging that additional fees have been paid into the Assessment District or the Transportation DIF Fund, and that these additional fees are reflected in the purchase price of the home for those units which have a density change from that indicated in the assessment district's Engineer's Report. Submit disclosure form for the approval of the City Engineer. EASEMENTS 27. Grant to the City a 10' wide easement for general utility purposes along public street frontage of all open space lots offered for dedication to the City. 28. Grant to Otay Municipal Water District a 10' wide easement for construction and maintenance of water facilities within open space Lot A. Provide acceptance certificate of said easement on final map. 29. Indicate on the final map future private storm drain and private sewer easements to the Homeowners' Association over the storm drain and sewer facilities within open space Lot A. 30. Indicate on the final map the existing 10 foot future street reservation along Hunte Parkway. 31. Obtain, prior to approval of any final map, an access easement from the southerly adjacent property owner to construct and be able to use the proposed overlook and pedestrian walk that connects the project with the pedestrian trail shown outside the tentative map boundaries. MISCELLANEOUS 32. Provide evidence of compliance with parkland dedication and park improvement requirements (Condition #39 of Resolution No. 15200) or pay the corresponding Park Acquisition and Development (PAD) fees, or obtain approval of waiver for PAD fees from the Directors of Parks and Recreation and Planning Department in accordance with Condition #38 (f) of the above mentioned Resolution. 33. The Declaration of Covenants, Conditions and Restrictions (CC&R's) shall include provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. The City of Chula Vista shall be named as party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. a. The CC&R's shall include language which provides for the private streets within each phase of development to be owned equally (in co-tenancy) as part of the Common Area by the individual condominium owners within the phase of development. The private streets shall not be owned by a 1.2-/'1 homeowners association. The homeowners association shall be prohibited from acting as agent to dedicate or convey for public street purposes such land held by the condominium owners in co-tenancy. b. Agree to include in the Articles of Incorporation or Charter for the Homeowners' Association (HOA) provisions prohibiting the HOA from acting as agent to dedicate or convey for public street purposes land used for private streets. 34. Submit CC&R's for review and approval by the Director of Planning prior to approval of the first final map. 35. Show on the final map, a table indicating the number of dwelling units per each lot and the total number of dwelling units for the subdivision. 36. Submit, process and record a boundary adjustment along the southerly boundary of the proposed project prior to final map approval or include the owner of the adjacent property (EastLake Golf Course) as signator on the final map. 37. Tie the boundary of the subdivision to the California System -Zone VI (NAD '83). 38. Submit copies of Pinal Maps in a digital format such as (DXP) graphic file prior to approval of each Pinal Map. Provide computer aided Design (CAD) copy of the Pinal Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 5-1/4 or 3-1/2 HD floppy disk prior to the approval of each Pinal Map. 39. Provide written evidence of agreement with the Chula Vista School District regarding the provision of adequate school facilities for the project prior to approval of a final map. 40. Comply, remain in compliance and implement the plans approved by the Zoning Administrator, DRC-96-02. 41. Prior to approval of the first final map, obtain an easement from the southerly adjacent Golf Course property owner to install and use the pedestrian linkage and view point shown in the tentative map. 42. Submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map. Improvements, facilities, dedications and construction of all improvements, including but not limited to, streets, open space and recreation areas to be provided with each phase or unit of development shall be as determined by the City Engineer and Director /,2-/f of Planning. 43. The common area designated as "passive open space" shall be developed with the first construction phase. 44. Residential construction tax (RCT) shall be paid except as otherwise modified by the EastLake Greens Public Facilities Financing Plan. 45. The overlook and pedestrian trail shown along the south property line, outside the tentative map boundaries shall be constructed before the issuance of any building permits for the final phase of the project. CODE REOUIREMENTS 46. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 47. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 48. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim Pre-SR-125 impact fee (effective January 1, 1995). e. Telegraph Canyon Sewer Pumped Flows DIF (or submit letter of credit prior to final map approval). f. Salt Creek Sewer Basin DIF. g. PAD fees. Pay the amount of said fees in effect at the time of issuance of building permits. /.2-/t, J VII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. VIII. 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. IX. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction top be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. ApP YO $ rm b Bruce M. Boogaard City Attorney Presented by Robert A. Leiter Director of Planning m: IsharedlplanninglluisIPCS-9504. CCR 1.1-)7 ATTACHMENT 2 EXHIBITS ~ /~ - /1 { '(' , .- , .~ ( PROJECT LOCATION ~ CHULA VISTA PLANNING DEPARTMENT LOCATOR ~: Callfomlo 'aeHle Home. NOIlCr DUCIIl'IlON: C) PlOJ!CT I,we. of Hunto 'arlcwar TENTATIVE SUBDIVISION MAP ADDUSS: and No, Oreonavlow Dr YO Request: 9 lots containing 5CAl.! : fU NUMIP: 135 single family detached townhomes NORTH 800' . 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"It ~ I !I!ili I I \1. r I < ~ 'I Land Use Disbicts ~roI>osed .---.. -- . -...... fESIDENT1AL ::::: -.. .... ac.,. - -- ...... 0:-. - --~--~-.- --_._- .. -Q... -. . .. -- .... __~ Ill...... - ~ ......., . . CIiIIIMIt -~"..;...-- VP..UQE CENTER i' -_.- -. -_.- -. ---- .; -, -. -. - - - -, . ,., J,.~~ ---,- ---.- ---.- ---.- ---.- -.....-- __-1'_ --- .4 tASTLAKE ~ J\AIftD CChMHTY If WII.NCI CEVI.l:lfMNr CQ -.-... ......--, -.-- M~ _a_, EXHIBIT B -~ /.....,_ 'l/, .?( ,x~ ...1..~~1.1 'ropertr De..l....~~ .t&a4a~. 1. ~t ar.. Cla aet 000'. .~an "et) 2. ~t vldth (iD f..t) caunhad pnduC't.. ill .. d1e~dC't.) J. ~ d.pth (iD f'R) 4. ~ .oy.~ag. (..~otnt) I. ftont 7ud ..t~aok, I. ~o dlreC't. tntry ,a~a,. ~o .1.a tntry ,a~a,a (.In;l. atory gar a,. ill U dl.Ulc:t) ~o m.ln re.ldenc:e a) b) ,. .1d. yard e.tbackl a) to a~jac.nt ~e.ldentlal lot (mln. total/one .1de) b) to a~jac:ant .t~..t (c:c-rn.r lot) .. ~.ar yard ..tback t. '~Ull1l\ll height, muaullI (2 1/2 atory ma.. ~, U , U dlatdcU) 10. 'arkln; apacaa per unlt U !...",~ n.. ftpmJe U &! K all . 8 J' .. .. '0 10 II It It 21 100 100 .0_1 .... 10_1 40 80 .. .. .. 20 20 20 11 10 20 .. .. .. .. .. .. 20 .. .. .. 11/1 10/1' .. .. .. 10 10 10 .. .. 20 11 .. .. .. 21' 21' 2.' .. .. 2 2 2' 1.1 1.1 (gar. ) (,ar.) l~.l~. en en a.o ap a.o ap a M...a M... UIl1 t UIl1 t a.1 ap a.1 ap . ~.. ~. UIllt . UIllt . , I Kay be aCldUltd for tunhad allLU vltlll1tt .1&11 twnw.l · U-I Dlat~lC't. only, lJ/J iD U-' Dlatrlct . Kay .. iIIona.td ~o as f..t vlth "~t .1&11 awnwal . tvo eu ,ar.,. for" .tuc:htd allL", .. au lara.. ud .... aupon I. .. auach.d unlt. (3/1/1t) %%-4 . . -.~.- ",.,' EXHIBIT B-1 / /' /1 - - .-::;-) 0( ./, ..' ,II '~~ , r~ " ~~, ", r' "".,~ '-:":::1'- ' r' ;',,- '""-" ""- ,j '-' -'" '''-.:, ,-,~'(v- r. " . ~"- :. /] "" ,,~, " , . '- . ',' ":::", .;;;;;; ::-"" ' ~"", G ~," '- '''....~ .:. "_ _ I ~ (}' @ ~~" ~~'''O-''':::-' ---.:::::::.:::::: - _. 8 .,.. 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I II II ......~..lfJl. ." " . . .' ' . ~ o ii! . .-I ~ I t,) ~ - '11= '.' I- i,j 1= .'" I~ . j~ . C"J C"J ~ I '. ~ ~ ~ ~~ ~ (; ~<. ~~ , ~' ,00 < ~ .. il I ,I I ~ I I .'h PII'II I~~!!!!~!!!!!! -#-- /~-.3-/ . [II l tt , ' ~ ""~ c , -.-. -- ---- FRONT ,.~. '\ .: , ........ ., .... :00,.......,-. 7" 0- oIjfl .... _'_~' '0(_ 'I .'11.:.:."..: ----'-~ -~~~"=-" \.\~ ~-..J\. ........ .. ~-...- a ~____ ._~ ..-- ..-- "'-- .. ---...- ..-- A__ .. ------....- ~-- --- ..- ....-:==--:=r.. ._- --- I -, . :mht?': :.~ _.. I' I I . eo -~ ' I' ~--- .. -:------.;.==:;;::1:.___ --~-~::.::.::=1 B 8' . [l " J I I I ...1 I ". I I I t I I .~ I --:L _:.1 I I eo I I .'. ." .. REAR LEFT 1W1 ~ PLAN 4 B ELEVATION EASTLAKE R-22 . II . EXHIBIT C-12 .. . . ff') .. I t,) f-I ""'" '11= '. ""'" .: . ..:. . = - ' ~ " ~ '.' j~ . ~. ~~. , II '. 'A.~.1 ~ . .,fit ~ ---.I'~ ril ,..;.)j ~ """ '1 ral ~ .11 t) < . "~.I ~ : ~. 'j)j Z ...:l , -I~: ~ ~ . ~ rn < ril C\1 C\1 I ~ . II I I !;" PIII'I ~ I!!!!!!!!!!!!! i~ - ~ - //1 "J/.. ~ /A ":__jk:-' ATrACHMENT 3 PLANNING COMMISSION RESOLUTION AND MINUTES -1!ifi- /~--:l7 RESOLUTION NO. PCS-95-04 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE TENTATIVE SUBDIVISION MAP FOR PARCEL R-22, CHULA VISTA TRACT 95-04, WITHIN THE EASTLAKE GREENS PLANNED COMMUNITY WHEREAS, a duly verified application for a tentative subdivision map was fIled with the Planning Department of the City of Chula Vista on August 30, 1994, by California Pacific Homes; and, WHEREAS, said application requests approval to subdivide 11.68 acres into 9 lots containing a total of 135 dwelling units with 2.1 acres of interior open space and private streets and guest parking, and a 1.5 acre public open space lot located along the two street frontages; and, WHEREAS, the property is located at the southwest corner of North Greensview Drive and Hunte Parkway within the EastLake Greens Planned Community and P-C Zone; and, WHEREAS, the Environmental Review Coordinator has determined that the project implements and falls under the purview of EIR-86-04 and Addendum EIR-86-04(B) and that no further environmental review is necessary; and, WHEREAS, the Planning Director set the time and place for a hearing on the tentative map and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and it mailing to property owners and tenants within 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., December 13, 1995, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, the Planning Commission has previously considered EIR-86-04 and Addendum EIR-86-04 (B) and, therefore, no further environmental action by the Commission is necessary. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution approving the Tentative Subdivision Map for Chula Vista Tract 95-04 in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. -w - ~:{-~3'%' PC Minutes -6- December 13, 1995 ITEM 2. PUBLIC HEARING: PCS-95-04; TENTATIVE SUBDIVISION MAP FOR THE EASTLAKE GREENS UNIT 22, CHULA VISTA TRACT 95-04, INVOLVING 9 LOTS CONTAINING 135 SINGLE FAMILY TOWNHOMES ON 11.68 ACRES LOCATED AT THE SOUTHWEST CORNER OF NORTH GREENSVIEW DRIVE AND HUNTE P ARKW A Y WITHIN THE EASTLAKE GREENS PLANNED COMMUNITY - California Pacific Homes Acting Senior Planner Hernandez gave a brief presentation of the project, giving the project location, proposed grading and a subdivision design. Commissioner Willett expressed concerns about the potential of Hunte Parkway to be a busy street and asked if a traffic signal was planned for the intersection of Hunte Parkway and North Greens View Drive. Senior Civil Engineer Thomas explained that if the traffic conditions at build-out warrant it, the intersection could be signalized. But he does not expect this to happen until EastLake III is built and North Greensview Drive is extended to the final phase of EastLake. John Norman, Representing California Pacific Homes, stated that he concurred with staff's recommendation and that he was available to answer questions. MSUC (Willett/Ray) 7-0 to adopt Resolution PCS-95-04 recommending that the City . Council approve the Tentative Subdivision Map EastLake Greens unit 22, Chula Vista tract 95-04, in accordance with the findings and subject to the conditions contained therein. UNOFFICIAL ~1 I ", j ,;1 <,-,I ,j PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13th day of December, 1995, by the following vote, to-wit: AYES: Ray, Salas, Davis, Thomas, Willett, Tarantino, Tuchscher II NOES: ABSENT: William Tuchscher ATTEST: Nancy Ripley, Secretary m: lhome/planning/luis/pes9504. per -M- /..;1-~) ATIACHMENT 4 ZONING ADMINISTRATOR APPROV AI.. - 22- /=/}- --:// ~(~ ~ -- -- ........ -- em OF CHUlA VISTA PLANNING DERARTMENT December 5, 1995 California Pacific Homes 9191 Town Centre Drive, Suite L-I0l San Diego, CA 92122 Subject: DRC-96-02 - Dear Applicant: The Zoning Administrator has considered the development proposal for the property located at the southwest comer of North Greensview Dr. and Hunte Parkway within the EastLake Greens Planned Co=unity (parcel R-22). The project, which consists of the construction df 135 single family detached townhomes, is in :, ')stantial compliance with the EastLake Greens Sectional Planning Area (SPA) Plan, COl.' . unity . ~ :strict Regulations and Design Guidelines. Thus, the Zoning Administrator hereby con",,( onlllly -ipproves the proposed project as described in the application, and as shown on the r"ised p1:ms prepared by BUrlon and Associates and Bassenian Lagoni Architects. Conditions are as follows: a. Approval of this project is contingent upon approval of Tentative Map, Chula Vista Tract PCS-95-04. a. The development proposal shall comply and remain in compliance with the minimum dimensions established in the attached Development Standards Matrix (Exhibit A). b. The project CC&R's shall include regulations for accessory structures, trash collection, television and radio antennas, fencing (height and design) and landscape maintenance. A copy of the CC&R's shall be IUbmitted to the Planning Department for review IDd approval prior to issuance of building permits. c. The sight distance onto North Greensview Drive IDd interior motor-court! loop road intersections shall be reviewed IDd approved by the City Traffic Engineer prior to issuance of building permits. -~- / -> '/1' / /.- /- =\ ' 276 FOU~TH AVEICHULA VISTA CA",FO~N'A 9'9'0"6'9, 691,5101 d. Trash compactors shall be standard feature in all units. e. All garage doors shall be equipped with automatic garage door openers. f. All required resident parking stalls shall be clearly identified with a unit address and the guest parking stalls labeled "guest parking only.. g. All privacy fences facing the private loop road and open space shall be decorative type. Fencing located adjacent to motor coul1s shall maintain a minimum 6 ft. separation from edge of paving. h. Decorative paving shall be incorporated within the motor courts to offset the absence of landscaping. i. Modify the open parking stalls as follows: . The compact size spaces located directly in front of units I and 2 (across the driveway) shall be 10 ft. wide . The compact size spaces located across unit 23 shall be 9 ft wide. J. A ~ntinuous rear yard masonry wall at least 3.5 ft. in height extending from the;,\Inits 58/59 lot line to the unit 84/85 lot line shaH be provided. The wall sb f) be ~ ~.1ign in accordance with the fencing guidelines established in the Ea;;tLake 0reens Design Guidelines for this parcel (units 58-62, 66-69,74-78 and 83:1\,4). k. Second story openable windows with direct line of sight of Hunte Parkway at the above units shall feature dual pane glass STC = 25 or higher (units 58-62, 66-69, 74.78 and 83-84). 1. The following items shall be submitted to the Planning Department for review and approval prior to issuance of building permits: . Development standards for accessory structures (design, treatment etc.). . A lighting plan. . A landscape and irrigation plans addressing all common areas, front yards and water management. Any areas located within a public open space district will require approval by the Parks and Recreation Department. . A development phasing plan showing that each phase provides the required guest parking. -?l?- /.,2-7(3 CITY OF CHULA VISTA . A comprehensive fencing plan addressing interior and exterior fences. Fencing plan shall be in compliance with the EastLake Greens fencing standards and design. . A revised site plan showin~ the location of mail boxes, lighting flXtures, fITe hydrants, etc. m. Any deviations from the approved site plan and architecture or product type shall be submitted to the Zoning Administrator for consideration and approval. n. Comply with all the Engineering Pepartment requirements to the satisfaction of the City Engineer (see attached lIlemorandum). o. Comply with all the Fire Department requirements to the satisfaction of the Fire Marshall (see attached memorandum). p Provide a list of units with enhanced rear and side elevations prior to or in conjunction with building permit submittal package. You have the right to appeal this decision to the Design Review Committee. A completed appeal form, along with a deposit of 2,000 must be received by this office within ten days from the date of this Jener. FOn::l. are available from the Planning Department. In the absence of said appeal, the decision of I. e Zoni1;1li; Administrator is fmal. Failure to use this permit ",: ';in one year from the date of this letter shall cause this approval to become null and void uli.it . '. a wri..l:n request for an extension is received and granted prior to the expiration date . Sincerely, ~i/(ji{Y 1. L s Hernandez At, g Senior Planner enclosures -~- /~--/7 CITY OF CHULA VISTA EXHIBIT A DEVELOPMENT STANDARDS MATRIX EASTLAKE GREENS PARCEL R-22 DRC-96-02 BUILDING RELATIONSHIPS ALL MODELS .4.CCESSORY ... STRUClVRES SETBACKS Front 27' Not Permitted (minimum distance between garage faces) Front S' Not Pennitted Building setback Building Separation 7'. N/A Side Street 10' Not Permitted (minimum distance from face of curb. . except radius area) . .. --.. Rear 1_10' S' (minimum distance to property line) PRIVATE PATIO AREA . Minimum Total Area 200 sq. ft .N/A Minimum Single Dimension 10' N/A Maximum Area N/A 40% of Patio Area . Except units 8/9, IS/16, 31/32, 46/47, S4/SS, SS/S6, 64/6S, 72/73,81/82,88/89, 92/93, 96/97, 1011102, 121/122 and 127/128 which may have a 6 ft. separation (M'_................'DRCo9602.lII) -&- /.:< -~..;- '" . 'ooJ. .. _ MEMORANDUM August 18, 1995 Pile # ZG-437 TO : VIA: PROM: ~ Wolfe, Planning Department ~ Cli~ford L. Swanson, Deputy Public Work~ Direct~ t Eng1neer pI Steve Thomas, Senior Civil Engine~ Harold Rosenberg, Traffic Bnginee~ _ A Design Review Application to install landscape trees at the entry way of Hunte Parkway, Unit #22 Detached Homes (your file no. DRC 96-05) SUBJECT : The Public Works Department has reviewed the subject proposal and our concern is maintaining sight distances at the intersection. Clear visibility must be maintained for drivers exiting onto North Greensview Drive. This should be mad~..a condition of approval of the Design Review. .....". -::--., .,.,~ ~.." JP:dv . -,... cc: Ken Lee, Planning Department ':\HOR.\INGINlIR\PRkMITS\nRAZQ437.JP -'~- /.;? --7"6 CHULA VISTA FIRE DEPARTMENT BUREAU OF FIRE PREVENTION PLAN CORRECTION SHEET AddreSSfA"'#"j"..4.. ""''''~ Plan File No. Checker~ate IlNiI -t1.'S Type Constr. Occupancy No. Stories Bldg. Area The following list does not necessarily include all errors and omissions. rl.i.lI- -; /. ~u/~_nll /~:u~ o/,M'Y~/I.h..l,,/p ..,,~- -'~~ /.I'n~ j '?/?rd J . . 7'''AA~ ,~AL/Y) ~ ~A- cld.llH'/?(f-7 ~ (lA/nr.J!.lU.Ll-IT-/J<-.J (i1l1')(.AriJ///fl//f/Yf....I J /V?f~/;'/~. -,,"..- --~ = '~:-. - -rr- FPB-29 -:g,--- / .;:? ~ -1/;7 , CHULA VISTA FIRE DEPARTMENT BUREAU OF FIRE PREVENTION PLAN CORRECTION SHEET Address E. .Lake ~@/1~ 'K-,:o Plan File No. Checker~Date Ofl-~-~ No. Stories Bldg. Area Type Constr. Occupancy The following list does not necessarily include all errors and omissions. PROVIDE AND SHOW ON PLAN: \, A m:Ii~I'\1LJr"V\ of ,!J~' ('l (ear eJy.l"ry u);doU" w~\\ Int' rt-1s;:........r4 n=l or. {...rl' U {J ~l' ~c.:;.-..,rL0.N h-Pl'llry-':" .",l;WLhp iMta..!I"d nnd t':lf'e1'a9llp PI"IOr- ~I,'~ry ,..[' "n~ ~0l'\'1~::ll.)S{..ib.J~ rll~on t'VInl-er-.r4..<:'.. FPB-Z9 - g- /~-~t' ATTACHMEID' 5 Effi.86.04(B) ADDENDUM - ~ /~---Y'r SEC01\1> ADDENDUM TO ENVIRONMENTAL IMPACT REPORT FSEIR 16-04 (B) PROJECT NAME: EastLake Greens GDP/SPA Amendment . PROJECT LOCATION: Various parcels within the EastU.lce Greens SPA between Hunte Parkway and the future SR-12S Row north of the future E. Ozange Ave. J. INTRODUCTION The environmental review procedures of the City of Chula Vista allow the Environmental Review Coordinator (ERe) to prepare an addendum to . Negative Declaration or Environmental Impact Report, if one of the following conditions is present: 1. The minor changes in the project design which have occurred since completion of the Final EIR or Negative Declaration that have not created any new significant environmental impacts not previously addressed in the Final EIR or Negative Declaration; or 2. Changes in circumstances, additional or refined infonnation :available since completion of the Final EIR or Negative Declaration regarding the potential environmental impact of the project, or regarding the measures or alternatives available to mitigate potential environmental effects of the project, does not show that the project will have or more significant impacts which were not previously addressed in the Final EIR or Negative Declaration. ". 3. The changes to the EIR made by the addendum do not raise new issues about the significant effects on the environment. D. PROPOSED PROJECT REVISIONS The Amendments proposed can be l1'Ouped in the followin, ,eneral c&te,ories: 1. Park Relocations 2. Density Transfers and Parcel BoundaIy Adjustments 3. ltemovaJ of Interim Desi&n&tion on Parcel R.26 1. Park Relocations The Neighborhood Park (Parcel P-3) in the adopted plan was partially within the SDG&E easement and contained Jess than ten acres of net useable acres for park use. The park is proposed by this amendment to be relocated southeasterly of - ~ - /"-(} .,;;li;L:. /.-.{-,? SEC01\"D ADDENDUM TO ENVIRONMENTAL IMPACT REPORT FSEIR IU4 (8) PROJECT NAME: EastLake Greens GDP/SPA Amendment . PROJECT LOCATION: Various parcels within the EastLake Greens SPA between Hunte Parkway and the future SR-125 Row north of the future E. Orange Ave. J. INTRODUCTION The environmental review procedures of the City of Chula Vista allow the Environmental Review Coordinator (ERC) to prepare an addendum to a Negative Dec1aration or Environmental Impact Repon, if one of the following conditions is present: 1. The minor changes in the project design which have occurred since completion of the Final EIR or Negative Declaration that have not created any new significant environmental impacts not previously addressed in the Final EIR or Negative Declaration; or 2, Changes in circumstances, additional or refined information llvailable since completion of the Final EIR or Negative Declaration regarding the potential environmental impact of the project, or regarding the measures or alternatives available to mitigate potential environmental effects of the project, does not show that the project will have or more significant impacts which were not previously addressed in the Final EIR or Negative Declaration. 3. The changes to the EIR made by the addendum do not raise new issues about the significant effects on the environment. " D. PROPOSED PROJECT REVISIONS The Amendments proposed can be lI'Ouped in the following general Cltegories: 1. Park Relocations 2. Density Transfers and Parcel Boundary Adjustments 3. ~emoval of Interim DesiJllAtion on Parcel R.26 1. Park RelocatloDS The Neighborhood Park (Parcel 1'-3) in the adopted plan wu partially within the SDG&E easement and contained less than ten acres of net useable acres for park use. The park is proposed by this amendment to be relocated lOutheasterly of _ ":2::t. - /. _7 - /) ~ ,~-\.~-'l-' Second Addendum to FSEIR 86-04 (B) 2 Parcel R-20 and to contain 10.0 acres net useable for park UIeS (11.8 acres &ross). This relocation deletes former residential Parcel R-21. The former location of the park is proposed to be convUiecl to Public/Quasi-Public as an expansion of existin& Parcel PQ-2. This additional 11.0 acres wi.1l be available for Community Purpose Facilities. A second park relocation involves Parcel peS, which was a Private Nei&hborhood Park between Parcels R-20 and R-21. This park is proposed to be relocated near the intersection of South Greensview Drive and Hunte Parkway adjacent to Parcel R-12. No significant chan&e in acrea&e is proposed. 2. Density Transfers and Boundary AdjustmeDu Reductions in densities are proposed in eleven residential parcels. Incrases in densities are proposed in four residential parcels. The net result of these density transfers is a 133 unit decrease in the overall residential density. Most of the density transfers are minor adjustments that reflect units achieved in the tract map and design review process. The following parcels are proposed to be changed in a more substantive way (more than 10 du): Parcel Proposed Chanre R-6 R-16 R-20 R-2l R-23 R-26 -12 +26 -37 -120 . -142 + 200 (The Adopted Plan provided this parcel with an interim density.) '" Boundary adjustments occur primarily as a result of Park relocations and are proposed to be reflected in the amended Tentative Tract Map. These adjustments result in a net loss of 11.8 acres of residential land. An increase of 11.0 acres has been added as Public/Quasi-Public (PQ) and the remaining 0.8 acres has been added as Park. The followin& shows the existin& and proposed chan&es in land use and acraae on the General Development Plan. ~.. //, ~/ -~ - /-9)" -..:~1 Second Addendum to FSEIR 86-04 (B) " ElistiDl RESIDENTIAL Lind Use Acres llullc Unlll m ~,""~~ M MIclilIIl hi.., ~..~ H High ...Tala1 210.1 04 70 II'" Dol IDOl 2C.2 .". 117$ 125.4 ".,.. 1114 ".0'.27- 250 '011.7 Ie60 1&&0 3 Proposed RESIDENTIAL Lind Use '. Acro. llullc Unlll . ma... LM Lr'" ------ M ....... MH &.-It ~. H HIgh . ..TIIII _.I 04 70 .,.0 Dol 11111 .',1 .", am 100.0 1'.11. 1.... au '.27- I'D '00'" 1527 NON-RESIDENTIAL Lind Use Acres C IIo1a11 11.1 c;.c """. & MI*I. U loA R. & UII. "IF. ,... 0 Opoft-- 117.1 1'0 I'~~. ,... ,. I"arllIIRIe. _.2 Mojor c;--. :lt0 ... TIIII ,0C2.0 I!EJF.-.n UIllIIn 72.. l'IIjecl T_ :lt2,.. 3. Remonl of interim Desllnatlon ror Parcel R-26 NON.RESIDENTIAL Lind Use Acres Retail 11.1 1"01.1_. 1.1 Rn IUd Mfg.. '35.1 Open Space 117.1 I'IlbI....O"..l-PIlll. 137.1 l'er1cl & IIIe. 215.4 Mojo< Circutllion 21 U Sub- T alai 1'1i:io.2" [DFUI"ro U"..n --'::1.8 p,OjICt Teuls 2~21.1 1527 Parcel R-26 was liven an Interim Desilnation on the Adopted SPA Plan. This desilnation indicated that the density or 4.5 dulac would be subject 110 future amendment to reflect the Chula Vista Genezal Plan. The Interim Desilnltion was assigned to allow an Affordable Housinl Propam for all of Eastlalce 110 be developed. This program has proceeded and has desilnated dIis parcel as a aite to implement a portion of the Chula Vista Housin. Element requirement for Affordable Housinl. The inczease in density is proposed 110 allow this propam to be implemented. ~ /./,.. - ~ - .,( -.3. -? '/) RESIOENTIAL. .-- -. L La -. ~ -- ... .. - IOU .... ...-.- '. ...- It ..", ..... -,- '0'''' N:lN .rtSDENTlAl. ~... -- C - .... c.<> 1-' u -- .. ="'~ ,au 0 -- ,,7.1 00 -- ..1.1 , -.- "to ....- "" -,. .~ ~-- 7U -,. 'tI,~ ac -.. . ---- ....... ..---.- ....~._...------- ........ - - - -.....-- . ~ FASTLAKE A PINND CClt>MMY IV lASTl.AICE ~ co. ~Imi~ ~.!~~~ r-.~__ - ~- /J'-:.!S_1' Exhibit 1 WI WI General Development Plan Proposed RESIDENTIAl Lind Use Acres aU/Ie Unn. 1- 250.5 D-3 7., LM IM'IModium 311'.0 o.e '103 M _urn 251.1 ..". 2023 -MH Mod'urnlHi;h '00.0 ".,.. , SolI .~ Hi;h 2..3 '&-27- 110 , ...Total 1006.8 6527 . t J)N-RESIDENTJAJ..; 00 Lind Use Aeres . 'c R.taU 61.i COO ",of. & Admin. ... ~R RH & Ud. Mf;,. '3Si 0 Opt" Spice 117.' "C "WIlcIC....."ub. '''.i " Plrb & Roc. _.2 Major ~Iion 2'.7 ... Total '0012.0 I!LJ,..... UIlII" 72.i '"'ltct T_ 212U IS27 . ---.. --... ..----...................-.-..... -- ..--..--........ . ~fASTLAKE. A I'LA/'Nt) CCM.t.HlTY IV EASnNCE ~ co. ~lmim ~.!~~~ r-. ,_.... ....,.. - '~ - /:;-:.3-;/ Exhibit 1 I~ M.................... . ~j;::;:;~;~~;;;;;~;;~~;;;;:~ 'I!J IIIOOClOOOClOClOOOOClO!~~~~~~~~~ool IJJI.,~~~~~~~~~~:::~~~~~~~~~;~r;;~~~~ .) LLJ cacace.cecacccccacecccccc<<cc ~ I I iIl - C/) '" ~~ ~~~ . ~ \ h ; ./, s: _(Ii ~. . '\ \ z-= .1 i <( ~ ~~'~I.:~:i.l~t~.;~I~::~'t2;:'~.I;1 ~ .. II x.._ I'lil" flI ----w Ilj ..J -'r 0- Co . -~ I ~~~~.~..~~..~~.~~..~.~~~.~~. .." tNN...........~.~~...Nftft...... Z .......~ .. -- - · o - J ""':~_.~~"":~...~.~.lW:..,"":.."":....~.,._ - 1--. ..-.ft~...~..N--.....2D..~ft. ~ Ie( --............. .--flI---fi\l -- -- .. v N - ..J - ~ ::> ~."'.-:__._-:.-"!:,. . =..~=ft=.AN__~.~ a EJ' ~ i ~~~~ .~ i ~ 1.1 ., I IJI 1'1 III Ii I. J " fIll j . 11 I Ilrll'II',. JiJ.UJJI ) ,..If U!!!I!J ----- .- ---- _._~..- i i i ~ '7 ~r - ~ - /?"( -..:Y5 I ILJrIIIIIIIII'inilll! J il.. .UU!!II EJ' i ~fi~ ~I 1.1 I t 1 i 1\1 ,. I ill i .'1 I 1ft I I liP I I Ii .= I J i ., . ~Ol I~ M~__~~~......" ...~ . ~..~......--------- .----.- ~.................... ~...... II 11==QO=oQO=======~~~~~ ~~~~~=i i'lJ~-:'~~~~~~'!t~~~~~~~:;~~~;:;;;~:;:I;:;1; I W ! ICCCCC&CII:ClZIECCC&CCClI:ca::C&CCCCIE ~ I I l]J - ~A' ~. ,". , . '" f - i . '"7-' , ::; t l!:~tI~!!II~:~=n.~~I. at"!!-' .-..... ;#';.1 IJ -- .. - =...:If - I:i ...J ;. Q.c.. Q I "":tlo.:~.~....-:.-:~~~O!~.-. ~........... ~ .........-...................:.....:"..... = Z=-J c:> I ..........~~__eN......~ ~_.AN_ i i:: ..~.ft~.~....N.-...... ~..~~. r::::;;jjj -.........- ..-...--~.. - -.. - C:( N - ...J r= ::> J ,:::::;=~::=:~==:,'" -.-_... . II ~.. _..~;.,... .22;;~~::8SSSS8S ~ .." . ........... i . . ~~" Wl6 UJla Q::c iiS(!) ~ :.. ~_. , f . i I J r.~. --:-~...- ~~";O" ,,' ~".-....\ \. ,. ..j "' ~\..\ \ ,.' . . " ~.~~>~~. .~<., 1111\\,..; - ~- //')'7 -.:'i0 ~\ .", .. I ~ ~., .... - ..J "V ~~~ ....._,.::..~/ _I ... ~: ,~, I /6 ~,- ..~ ... 1.&- _. '\ ':: 'I {i~i'" \~\ ... J - ,; _ \.jl "... '"'i'"'::!- .tf' -.: I.~ ~JL,'-l.'e? h- - 7".::'"1..l '\ \ ~" ..!!!! '=' ... ~ J... _, \ _ ,~ _- ~ \ \ - V' \ - --~=" ~""; \ l-e~ ... ~ -;~ ~: II v I~U;/~~~~'-"'}': ~1' RESIDENT1AI. ... .J L/ 7~v'....~?'~~. - --..- !!::? I ,:............/( --~! 17 \ ... ~ - -_.._ .. I / I "~~~/"'-H I ~ ---",Y... _, __'_"_ I'I I~I\_./\;) /--.7", ~-d[ \ _ ___.._ . IV I__i\......... I '-..II "",. IIC-.o _r..__-,.__ III - \~ I~, ~ "I' ~', \ .... ___.._ .... 111 \~~O:;F~ --.J ... ~ ....-;;:. .. \ 1It...- .....,0 ......._ ...,,~ ll--Jfl!j\~ft)...._r~~"" /,- IIC-D -~ ......- . ",t, - n"-il" /. r:-f"~ " ... ''''.~ _II - .....,-_.._ . (I ::;{/- \\ " I "'l-" ''y\' ^-.J: .. ...... - .__..._ "~.~ n\ ~ '"\.......~./ __ I' R =-- 11~-.;,,.,k.,~\~~~~.;:~~)1 -. -_.... ...JJ.... <I; " \- \0'/'A'7/ \\ -, \, __ __._ V ~ ~ / //\--" , ./ #?')~' '. ..~_. CENTBl ~- ~~!!r~ ~-_.- '.-- \.', -... .}.~ ~ .............~ ,.... __ ... )11. '" ........ -~ ..... ...... --- ----. Land Use . Districts Adopted ::::: ,0; .. -"'L ~ -, -_.,- ........-- --..- --..- --..- --..- -_.,- --- . . ~ E4STLAKE A ft.NHD CiCIhMHTY If WIl.AICE CEVB.CfIhtNf co. -:m;- /d?-~;J/ ----.. ~~_._' .._~ Exhibit A ... - :::-.:.: ..--. Land Use Districts '. . PrOI)Osed - RESIOENTlAL - --..- .... - ~'-'-.-- -, --_.,- - ---..- ~'o __~ _.-__ ---....- :::::: -. - _ ~ -lIl\ . tI ..... .... ---~- .......~ _..............~ - .....,1 ......,..., -.. DIIft1 ~ C&tTER i' --.- -. ---- -. ---- .;. ..... ..... ..... - - - ...., .... .L -"l. ~ ---.- --..- ---.- --..- --..- ---.- ---,- --- . ~ E4STLAKE A I'L.NHi) Cl:lhMHTY I'l' WMICI ~ CQ ~ _ /'1 u 0' -~ /q -? 5 ==.~." .--, --..--- mfL _'M. ,.-~ lIIOIN Exhibit A Second Addendum to FSEIR 86-04 (B) . m. CHANGES IN IMPACT ANALYSIS .. The project site has be JTlded for sometime and this mmor shift in land uses and minor modifications to densities will not result in any chanae in the natural environment. the provision of public facilities was programmed in the ori&inaJ EastI.ake GDPlSPA at a specific density. The minor reduction and density shifts that pan of this proposal would not significantly impact the provision of these ae:rvices. the minor reduction in population would result in a commensuration reduction in related impacts. IV. CONCLUSION Pursuant to Section ISI64 of the State CEQA Guidelines and based upon the abOve discussion, I hereby find that the project revisions to the proposed project will result in only minor technical changes or additions which are necessary to make the previously sited FEIR adequate under CEQA. V. REFERENCES EIR-96-04 EastLake Greens EIR-96-04 (A) Addendum IS-96-04 EastLake Greens GPA/SPA Modification General Plan, City of Chula Vista Title 19, ChuJa Vista Municipal Code City of Chula Vista -Environmental Review Procedures' . --~ - /.;(1-5;1 Ft~,...__ .... ::. n,__ ... ','''''' r. ..-. .. ...:[){({if'n!trl (~Ccwlllllllnlty Sruil'f ..... ~ IOUI....EW.PID, PfUNG 'tIt.UJ!....~.....-r 'ftLl~1 ft.ZZZ2. MIA COOl III OCTO 4 799- I:J - t.'i.'.: ". ~ ~AI "1-1171 I V.I. 11&11 .' October 2, 1995' Mr. Douglas D. Reid Environmental Coordinator city of Chula Vista P.O. Box 1087 Chula Vista, CA '1912-1087 .e: ~ropose4 "eD4meDt to the A40pte4 ..stLake II GeDer.l DevelopmeDt ~l.D (GD'), .el.te4 to the ...tLake GreeDs .D4 an ".D4meDt to the "1 ~1&D, an4 the ~eDt.tive ~r.et .ap (IB-U-05). Dear Mr. Reid: The Otay Water District (OWD) would like to have ample opportu- nity to review and respond to any environmental documentation (Negative Declaration or EIR) relating to the above referenced project. OWD may have site needs for the future 711-3 reserv~~~ and other water facilities as well, thus requiring the .tte(lri:and pipeline routes to be called out on any adopted EastLake II Gt:illeral Development Plan (GDP). .. Please contact me at 670-2293 or John Garcia at 670-2213 if you need any information or have any questions with regard to water facilities or lervice. We look forward to reviewing and res- ponding to your completed environmental Initial study/Negative Declaration or Draft EIR. Sincerely, 2h:.~ H..:.:.r:: P. Environmental Specialist MFCI cp eel ~i. Stanton Jim pe..ley John Garcia Chris Craven Rebecca Patton &. ~~ . . -m- /c;/- {;,O Sweetwater UnIon Hlih School Dlstrla Admlnlscradon Center 1130 Flfdl Avenue O\ula VIsta, Callfomla 91911-2896 (619) 691-5500 :., -.:.,.:~ . DIvision ofPlJnnlnllnd Fld//des Ms. Barbara R.eld City of Chula Vista Plannlni Departmpnt 276 Fourth Avenue Chula Vista, CA 91910 Dear Ms. R.eld: Ie: Proposed East/3ke Gener31 Development P/3n Ch3n,es The Sweetwater Union Hlih School District does not ob/ect to the pr~f . sed amendments to the EastLake II General Development Plan. Community Fa.:;::tles District No. 1 (CFD No.1) was established to mltliate this pro/ect's Impact, to schools. However, thank you for the notification, It Is IOod that the district Is kept Informed of these chanies. ~ Thomas Sliva Director of P1annlnl TS/ml . - ttJi- /;;{-4/ ATI'ACIIl\IE.NT 6 DISCLOSURE STATEMENT - ~- /~- r:;.:<, APPENDIX B 'IHE crry OF arulA YJSTA DISQ.OS1J'IU! STA'I'EMENI' You are required 10 IIle a Statement of Disclosure of certain OWlIenhlp or Ilaandal IntereslS. paymenlS. or campaign contribulions. on all mallen which will require discretional)' aClion on tbe pan of lbe City Council. 'lanning Commission, and all olhcr omclal bodies. The foUowinllnformalion mUlt be disclosed: 1. Ust Ihc Dlma of all penoos bavlng a llnandallnlCresl In Ibc property w111cb II \be IIIbjecl or \be applicalion or Ibe conlract. e.... OWlIer. IppUcan\, conlractor.subconlractor. "lerillsuppUer. . F.A!=:TT ATrF. nF-VF.l.n'PM1::NT COMPANY (F.nc;) CALIFORNIA PACIFIC HOMES (CPR) ~ 2. If Iny penon" Idcntified punuantlo (I) lbove III corporallon or pannenhlp. IIslthe DImes orall individuals owning morc Iban 10'lI> of tbc sbares In Ihc corporation or OWlIinllny pannenblp Interesl In Ibe pannersbip. CPR - DONALD L. BREN TRUST EDC - BOSWELL PROPERTIES. INC. 3. If any person" Identified punuant 10 (I) above Is Don-profil orlanlzallon or I trusl. IIsllbe Dlma of Iny penon seNinlas (lireClor of Ihe non-prolil organization or as lrustee or benelldal)' or trustor of \be trusl. DONALD L. BREN T~EE 4. Have you bad more tban 5250 wonb of bUlinesslransaCled with Iny member of Ibe CII)' staff. Boards, Commissions, Comminec.5, and Coundl wilhin Ibc past twelve months? Ya_ No..!.. If yes, please Indicale penon(s): S. 'Ieasc Idcnlify eacb Ind eYel)' penon, Including Iny IlenlS, employees. consultanls. or Independcnl contraClon wilD you bave assigned 10 represenl you before Ihe City In tbis Dllller. me _ BOB SNYnER. BTLL OSTRDL r.PR _ _ ~Rf':RM JlAll~R_ ~TCRAF.l. DUNHAM. CURT STEPHENSON. PAUL NIETO JOHN NORMAN 6. HaYe you Ind/Or your ofl\cen or 'lcnlS. In lbe Igrellle. conlribuled more tUD 11.000 to I ClDullCllmember In Ibe current or precedinl eleCllon period? Vcs_ No.,L If,.. IlIIe w111cb CouIlCll_ber(s): Dalc: AItd 1ddl\Joul .... . r .'1) · · · )c \.~Q ~tc. V.() Sipalure of conlraClor/lppUcanl MICHAEL R. DUNIWI. VICE PRESIDENT - CPR -1;fiI;- / Prinl or \)'pC Dime of conlraClor/lpplicanl /-? _ (./3 " ~..*ft1-. 'Any~"""'''I>-'.-Np,joiN--~~.'''''''''''~'-'''''''''''''~~~:~~~'''''' -. · · · (NOTE: 7/26/95 COUNCIL AGENDA STATEMENT Item /0 Meeting Date 1/9/95 ITEM TITLE: Public Hearing: PCS-95-04; Tentative Subdivision Map for the EastLake Greens Unit 22 Chula Vista Tract 95-04, involving 9 lots containing a total of 135 single family detached townhomes on 11.68 acres at the southwest comer of North Greensview Drive and Hunte Parkway - California Pacific Homes. Resolution IS'? ~pproving/ Chula Vista Tract 95-04, a tentative subdivision map for 9 lots containing a total of 135 single family detached townhomes on 11.68 acres at the southwest comer of North Greensview drive and Hunte Parkway- California Pacific Homes. SUBMITTED BY: Director of Planning ;1!(c., REVIEWED BY: City Manage~ ~~ (4/5ths Vote: Yes_No--X.) The applicant, California Pacific HomesUas submitted an application for a Tentative Subdivision Map known as EastLake Greens Unit 22, Chula Vista Tract 95-04, in order to subdivide and develop 1 1.68 acres located at the southwest corner of North Greensview Drive and Hunte Parkway (see locator). The Tentative Subdivision Map consists of subdividing 11.68 acres into 9 lots containing a total of 13 5 dwelling units with 2.1 acres of interior open space, private streets and guest parking areas. The map also includes 1.5 acres of open space (lot A) which is being offered fot dedication to the City. The Environmental Review Coordinator has determined that the project implements and falls under the purview of FSEIR-86-04 and Addendum FSEIR-86-04(B) and that no further environmental review is necessary (see Attachment 5). RE(:OMMENDA TION Adopt attached City Council Resolution approving Tentative Subdivision Map, Chula Vista Tract 95-04, in accordance with the findings and subject to the conditions contained therein. BOARDS/COMMISSIONS RECOMMENDATION: On November 17, ] 995, the Zoning Administrator approved the project design subject to conditions (see Attachment 4) xr /c1- {~~ Page 2, Item _ Meeting Date l/9/95 On November 29, 1995, the Planning Commission voted 6-0 to recommend approval of Tentative Subdivision Map, Chula Vista Tract 95-04 (see attachment 3). DISCUSSION: Site Characteristics The subject site is located at the southwest comer of Greensview Dri'!e and Hunte Parkway within the EastLake Greens Planned Community. The project site, which was graded as part of the EastLake Greens mass grading program, is irregular in shape and limited to the north by North Greensview Drive, to the south and east by Hunte Parkway (20-25 ft below) and by the EastLake Golf Course to the south (see Exhibit A). The northwest comer of the site is relatively level with the golf course to the west and North Greensview Drive. However, the streets and golf course elevations drops rapidly from this point and around the four sides of the property, resulting in an elevation difference of 10 to 30 ft. The existing building pad slopes gradually from north to south to achieve proper drainage. Zoning and Land Use Zoning Land Use Planned Community District Land Use Designation" Site North South West PC (Planned Community) PC (Planned Community) PC (Planned Community) PC (Planned Community) - Residential, Vacant - Residential, Duplexes - Open Space, Golf Course - Open Space, Golf Course RC-15 RP-8 / OS OS-4 OS-4 " See EastLake Greens Planned Community District Regulations, Exhibit B and B-1. Proposal The development proposal consists of 17 dwelling clusters, each containing 5-10 single family detached condominiums. Each cluster features a central driveway which provides both pedestrian and vehicular access to the individual homes. Each home features a fenced private patio area and a two car garage or a combination of a single garage and an assigned open parking stall. A passive open space and guest parking at a rate of 0.5 spaces per unit have also been incorporated as part of this development ~ /~- 63 Page 3, Item _ Meeting Date 1/9/95 Compliance with EastLake Greens General Development and SPA Plan The project, as conditioned, is in compliance with the EastLake I (EastLake I Extension) General Development Plan (GDP) and EastLake Greens Sectional Planning Area (SPA) Plan which designates this site (Parcel R-22) as Residential Medium High Density (MH 11-18 du/ac) and for a maximum of 139 dwelling units. Compliance with Planned Communitv District Regulations The subdivision has been designed in accordance with the EastLake Greens Planned Community District Regulations which designate this parcel as RC-15, Residential Condominiums (see Exhibit B) Conclusion The Tentative map is solely for the purpose of subdividing the property for sale. The individual dwelling units will be sold as air space townhomes with the underlying land held in common by a homeowners association The purpose of subdividing the project into 9 lots is for the purpose of financing and construction phasing. As noted above, the site plan layout and architectural design of the project, including the proposed density, was found to be on compliance with the EastLake Greens Planned Community District Regulations and Design Guidelines Therefore, the project received design review approval by the Zoning Administrator . Based on the above, staff recommends approval of the project in accordance with the attached City Council Resolution FISCAL IMPACT: The applicant has paid for all costs associated with the processing of this tentative map. Attachments 1. Council Resolutions and Ordinances 2. Exhibits 3. Planning Corrunission Minutes and Resolutions 4 Zoning Administrator DRC Approval 5 Addendum to FSEJR-86.{J4(b) 6. Disclosure Statement (m :-horm 'PWuUng'.luis \pcs.9 504 ..13 ~ /,./-6~ ATTACHMENT 1 CI~ COUNCIL RESOLUTION ~f./ /.;{-0/ RESOLUTION NO. 1& 17S" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHULA VISTA TRACT 95-04, A TENTATIVE SUBDIVISION MAP FOR 9 LOTS CONTAINING A TOTAL OF 135 SINGLE FAMILY DETACHED TOWNHOMES ON 11.68 ACRES AT THE SOUTHWEST CORNER OF NORTH GREENSVIEW DRIVE AND HUNTE PARKWAY. I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as Unit 22 of EastLake Greens Tentative Subdivision Map, Chula Vista Tract 95-04; and for the purpose of general descri::;tion herein consists of 11.68 acres and is located at the southwest corner of North Greensview Drive and Hunte Parkway within the EastLake Greens Planned Community ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on July 26, 1995 California Pacific Homes ("Owner") filed a tentative subdivision map application with the Planning Department of the City of Chula Vista and requested approval of the Tentative Subdivision Map for EastLake Greens Unit 22, Chula Vista Tract 95-04 in order to subdivide the Project Site into 9 lots containing a total of 135 dwelling units with 2. I acres of interior open space and a 1.5 acre public open space lot ("Project"); and C. Prior Discretionary Approvals WHEREAS, the development of the Prbject Site has been the subject matter of I) a General Development Plan, EastLake II (EastLake I Expansion) General Development Plan previously approved by City Council Resolution No. 15198 ("GDP"); 2) the EastLake Greens Sectional Planning Area Plan, previously adopted by City Council Resolution No. 15199 ("SPA "); and 3) a Tentative Subdivision Map, previously approved by City Council Resolution No. 15200 C'TSM"), Chula Vista Tract 88-3, all approved on July 18, 1989; 4) an Air Quality Improvement Plan, EastLake Greens Air Quality Improvement Plan (AQIP); and 5) a Water Conservation Plan, EastLake Greens Water Conservation Plan (WCP); both previously approved by City Council Resolution No. 16898 on November 24, 1992; and 6) a GDP, and SPA amendment previously approved by City Council Resolution No.18159 and Ordinance 2658 on December 19, 1995; and '-~ S- /'~~0;l D. Planning Commission Record on Application WHEREAS. the Planning Commission held an advertised public hearing on the Project on December 13. 1995, and voted 7-0 to recommend that the City Council approve the Project, based upon the findings and subject to the conditions listed below. E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on January 9, 1995, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: D. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on December 13, 1995, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. m. PREVIOUS EIR-86-04 AND ADDENDUM l"SEIR-86-04(B) REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and approved EIR-86-04 and Addendum FSEIR-86-04(B) and therefore no further action by the City Council is necessary. IV. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map as conditioned herein for EastLake Greens Unit 22, Chula Vista Tract No. 95-04 is in conformance with the elements of the City's General Plan, based on the following: a. Land Use The project, as conditioned, is in substantial compliance with the GDP and SPA which designate parcel R-22 as Medium High Density Residential (11-18 du/ac) and a target density of II. 9 du/ac and a maximum of 139 dwelling units. ~.~ /~-&Lj' b. Circulation All of the on-site streets are private. Off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the EastLake Greens Public Facilities Financing Plan and Development Agreement. c. Housing The EastLake Greens Affordable Housing Program and Agreement has been adopted and incorporated into the SPA Plan to ensure that a minimum of 10% affordable housing including a mix of housing types and lot sizes for single-family, townhomes, condominium and various apartment densities will provide a wide spectrum of housing prices for persons of various incomes. d. Conservation The Environmental Impact Report EIR-86-04 and Addendum FSEIR-86- 04(B) addressed the goals and policies of the Conservation Element of the General Plan and found the development of this site to be consistent with these goals and policies. e. Parks and Recreation, Open Space The East Lake Greens SPA Plan provides public parks, trails and open space consistent with City policies. f. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. g. Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. h. Noise Noise mitigation measures included in the Environmental Impact Report EIR-86-04 and Addendum FSEIR-86-04 (B) adequately address the noise policy of the General Plan. The project has been conditioned to require 'k..==-7 /,::; - ;7 [) that all dwelling units be designed to preclude noise levels over 45 dBA. Additionally, all exterior private open space will be shielded by a wall, and/or buildings to limit the exterior noise exposure to 65 dBA for all outside private patio areas. I. Scenic Highway The project site is not located adjacent to a designated scenic highway. However, a decorative wall will be provided along Hunte Parkway. J. Bicycle Routes Bicycle lanes have been incorporated within the EastLake Greens Planned Community design and are presently in use. k. Public Buildings No public buildings are proposed on the project site. The project IS subject to RCT fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum sitting of units for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. V. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Tentative Subdivision Map which is stated to be conditioned on "General Conditions", is hereby conditioned as follows: '~.;:f( - /~ ~ 7/ A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in Tentative Subdivision Map Chula Vista Tract 96-02 and EIR-86-04 and Addendum FSEIR-86-04 (B) except as modified by this Resolution. B. Implement Mitigation Measures Developer shall diligently implement, or cause the implementation of, all mitigation measures pertaining to the Project identified in the Final Supplemental Impact Report for EastLake Greens EIR-86-04 and Addendum FSEIR-86-04 (B). C. Implement previously adopted conditions of approval pertinent to project Comply with all unfulfilled conditions of approval applicable to Unit 22 for the EastLake Greens Tentative Map, Chula Vista Tract 88-3 established by Resolution No. 15200 approved by Council on July 18, 1989 and for the amended EastLake Greens Tentative Map, Chula Vista Tract 88-3A established by Resolution No. 17618 approved by Council on August 16, 1994. Install public facilities in accordance with the EastLake Greens Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning Director may, at their discretion, modify t!-.;: sequence of improvement construction should conditions change to warrant such a revision. If phasing is proposed within an individual map or through multiple final maps, submit and obtain approval for a development phasing plan by the City Engineer and DirectC'r of Planning prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning. The City reserves the right to conditional approval of each final map with the requirement to provide said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. D. Implement Public Facilities Financing Plan Developer shall comply with the terms s~t forth in the EastLake Greens Public Facilities Financing Plan ('PFFP"), as may be amended from time to time, and shall install public facilities in accordance with the PFFP or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. ~ / ,n // " ,?( - /J E. Design Approval Developer shall develop the lots in accordance with plans approved under the City's design review process by the Zoning Administrator. VI. SPECIAL CONDITIONS OF APPROVAL Prior to approval of the final map unless otherwise indicated, the developer shall: STREETS. RIGHTS-OF- WAY AND IMPROVEMENTS 1. Design and construct all streets to meet the City standards for private streets, or as approved by the City Engineer. Submit improvement plans for approval by the City Engineer detailing the horizontal and vertical alignment of said streets. 2. Provide decorative pavement delineating the boundary between the public and private streets. 3. Install a pedestrian ramp on the north side of North Greensview Drive opposite the southwesterly corner of the subdivision entrance. Remove existing pedestrian ramp opposite the existing temporary AC improvements and replace with curb, gutter and sidewalk. Design and construct sidewalk and all pedestrian ramps, including those on private property, to meet City standards. 4. Replace existing AC curb and sidewalk along the project northwesterly boundary on North Greensview Drive with monolithic curb, gutter and sidewalk. 5. Remove existing curb, gutter and sidewalk at project entry and replace with cross gutter. 6. Design all public monolithic curb, gutter and sidewalk and cross gutter 10 conformance with City standards. 7. Designate all on site sewer and storm drain facilities to points of connections to existing public facilities within public streets as private. 8. Construct all public improvements (cross gutters, curb and gutter, sidewalk, pedestrian ramps, utilities, etc) in accordance with City standards deemed necessary to provide service to the subject subdivision. 9. Present written verification to the City Engineer from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. '~/() J~-2g GRADING 10. Provide an updated soils report or an addendum to the original document prepared by a registered engineer, as required by the City Engineer. 11. Submit and obtain approval by the City Engineer for an erosion and sedimentation control plan as part of grading plans. 12. Submit letters of permission to grade for all off-site grading. 13. Show the location of existing cut/fill lines on grading plans. 14. Submit an updated hydrology report for the project. 15. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the tentative map dated October 24, 1995 or as otherwise approved by the City Engineer and Planning Director. AGREEMENTS 16. Agree that the City may withhold building permits for the subject subdivision if anyone of the following occur: a. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. b. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards. c. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City Planning Director and Public Works Director. 17. Agree to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City. or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. ~ /v?- ;7~ 18. Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 19. Agree to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the sllbdivision. Restrict access te the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 20. Agree to provide a continuous rear yard masonry wall at least 3.5 ft. in height extending from the units 58/59 to the unit 84/85 (units 58-62, 66-69,74-78 and 83-84). prior to issuance to building permits for each phase. The wall shall be design in accordance with the fencing guidelines established in the EastLake Greens Design Guidelines. OPEN SPACE/ASSESSMENTS 21. Offer to grant in fee on the Final Map open space Lot "A". The minimum width of Lot "A" shall be 10 feet. 22. Submit a list of all facilities located on open space lots to be maintained by the existing Eastlake Maintenance District No. I. This list shall include a description, quantity and unit price per year for the perpetual maintenance of all facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, access roads, drainage structures and landscaping. Only those items on an open space lot are eligible for open space maintenance. Each open space lot shall also be broken down by the number of acres of turf, irrigated, and non-irrigated open space to aid the estimation of a maintenance budget thereof. 23. Pay additional fees as determined by the City Engineer, into Assessment District Numbers 85-2, 90-3 and other applicable assessments districts due to a change in units approved subsequent to District formation. 24. Pay additional Transportation DIF fees as determined by the City Engineer into the DIF fund due to a change in units approved subsequent to the formation of AD 90-3, which funds a portion of the Transportation DIF. 25. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands within the boundary. Request apportionment and provide a deposit to the City estimated at $25/unit/district to cover costs. "iiZ;. -I~ k) - 7--5 26. Prepare a disclosure form to be signed by the home buyer acknowledging that additional fees have been paid into the Assessment District or the Transportation DIF Fund, and that these additional fees are reflected in the purchase price of the home for those units which have a density change from that indicated in the assessment district's Engineer's Report. Submit disclosure form for the approval of the City Engineer. EASEMENTS 27. Grant to the City a 10' wide easement for general utility purposes along public street frontage of all open space lots offered for dedication to the City. 28. Grant to Otay Municipal Water District a 10' wide easement for construction and maintenance of water facilities within open space Lot A. Provide acceptance certificate of said easement on final map. 29. Indicate on the final map future private storm drain and private sewer easements to the Homeowners' Association over the storm drain and sewer facilllies within open space Lot A. 30. Indicate on the final map the existing 10 foot future street reservation along Hunte Parkway. 31. Obtain, prior to approval of any final map, an access easement from the southerly adjacent property owner to construct and be able to use the proposed overlook and pedestrian walk that connects the project with the pedestrian trail shown outside the tentative map boundaries. MISCELLANEOUS 32. Provide evidence of compliance with parkland dedication and park improvement requirements (Condition #39 of Resolution No. 15200) or pay the corresponding Park Acquisition and Development (PAD) fees, or obtain approval of waiver for PAD fees from the Directors of Parks and Recreation and Planning Department in accordance with Condition #38 (f) of the above mentioned Resolution. 33. The Declaration of Covenants, Conditions and Restrictions shall include provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. The City of Chula Vista shall be named as party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. 34. Submit CC&R's for review and approval by the Director of Planning prior to approval of the first final map. ~~ - / "7 ,/7" /3J - ./co:- 35. Show on the final map, a table indicating the number of dwelling units per each lot and the total number of dwelling units for the subdivision. 36. Submit, process and record a boundary adjustment along the southerly boundary of the proposed project prior to final map approval or include the owner of the adjacent property (EastLake Golf Course) as signator on the final map. 37. Tie the boundary of the subdivision to the California System -Zone VI (NAD '83). 38. Submit copies of Final Maps in a digital format such as (DXF) graphic file prior to approval of each Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 5-114 or 3-112 HD floppy disk prior to the approval of each Final Map. 39. Provide written evidence of agreement with the Chula Vista School District regarding the provision of adequate school facilities for the project prior to approval of a final map. 40. Comply, remain in compliance and implement the plans approved by the Zoning Administrator, DRC-96-02. 41. Prior to approval of the first final map, obtain an easement from the southerly adjacent Golf Course property owner to install and use the pedestrian linkage and view point shown in the tentative map. 42. Submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map. Improvements, facilities, dedications and construction of all improvements, including but not limited to, streets, open space and recreation areas to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning. 43. The common area designated as "passive open space" shall be developed with the first construction phase. 44. Residential construction tax (RCT) shall be paid except as otherwise modified by the EastLake Greens Public Facilities Financing Plan. 45. The overlook and pedestrian trail shown along the south property line, outside the tentative map boundaries shall be constructed before the issuance of any building permits for the final phase of the project. 46. Provicie a 2 ft. clear walk at the top of slopes between the perimeter wall and the ~ 'If ~, . /;'-/7 edge of the slope. Perimeter wall shall be constructed within the open space lot. CODE REOUIREMENTS 47. Comply with all applicable seCtions of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 48. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 49. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim Pre-SR-125 impact fee (effective January 1, 1995). e. Telegraph Canyon Sewer Pumped Flows DIF (or submit letter of credit prior to final map approval). f. Salt Creek Sewer Basin DIF. g. PAD fees. Pay the amount of said fees in effect at the time of issuance of building permits. VII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. Vill. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of ~ ~ ~,~-"" /:;( - 75 Determination and file the same with the County Clerk. IX. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction top be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert A. Leiter Director of Planning Q ^ _ --c1.0l'~ I - -' - f lj'--". Bruce M. Boogaard City Attorney m: IsharedlplanninglluisIPCS-9504, CCR ~ /~-/7 COUNCIL AGENDA STATEMENT Item: Meeting Date: /;3 01123/96 ITEM TITLE: Public Hearing: Conditional Use Permit PCC-96-06; Request to construct and operate a wireless Personal Communications System at 455 Quail Court in the R-1 Zoning District - Pacific Bell Mobile Services Resolution I KJ , ~ranting PCC-96-06 to Pacific Bell Mobile Services allowing the construction and operation of a Personal Communications System wireless communications facility at 455 Quail Court SUBMITTED BY: Director of Planning /flit REVIEWED BY: City Manager~ ~~1 (4/5ths Vote: Yes_No.lO Pacific Bell Mobile Services (PBMS) is proposing to construct two 12' 11" tall poles with one pair each of plastic panel antennas, and two 5'2" X 8'8" X 2'6'1z" ground-mounted equipment cabinets near the northwestern corner of the property at 455 Quail Court in the R-1 Zoning District. Exhibit 1 shows the location of the site; Exhibit 2 is the site plan and elevations; Exhibit 3 is the Applicant's project description. The Applicant is in the process of implementing a plan to provide Personal Communications System (PCS) service to the general public pursuant to their successful bid in obtaining a franchise from the Federal Communications Commission (FCC). Their plans include the siting of a number of cells throughout the region in order to build up a viable system which will support the customer base. This is the first of several locations PBMS will be applying for over the next several months. The Environmental Review Coordinator has determined that the project is a Class 3(e) Categorical Exemption from environmental review pursuant to Section 15303 of the California Environmental Quality Act. RECOMMENDATION: That Council adopt the resolution granting Conditional Use Permit PCC-96-06 to Pacific Bell Mobile Services. BOARDS/COMMISSIONS RECOMMENDATION: At its 12/13/95 meeting, the Planning Commission required a minor change to the Project and then voted 7-0 recommending that Council grant Conditional Use Permit PCC-96-06 based on the attached City Council Resolution and the conditions and findings contained therein. DISCUSSION: 1. Site Characteristics The site is located in a residential neighborhood zoned R-1 (Residential Single Family) on a cul- de-sac. Other detached single family residential dwellings are located to the east, north and JJ-j i Page 2, Item: I ;J Meeting Date: 01123/96 south. The 1-805 freeway is immediately adjacent to the property to the west. The parcel is occupied by a single family dwelling which was constructed in approximately 1965. Very mature landscaping exists on the parcel, which includes trees over 25 feet in height, and is the dominant feature as seen from I-80S. The landscaping along the northern property line includes six mature cypress trees at about 22 feet in height spaced approximately eight feet on-center. 2. Zonin2 and Land Use Site North South East West Zoning R-l (Residential Single Family) R-l R-l R-l R-l (Across I-80S) Land Use Single Family Residential Single Family Residential Single Family Residential Single Family Residential Freeway/Single Family Residential (Across I-80S) 3. ProDosal Pacific Bell Mobile Services proposes to construct two 12' 11" tall poles with one pair each of plastic panel antennas, and two 5'2" X 8'8" X 2'61/2" ground-mounted equipment cabinets near the northwestern corner of the property at 455 Quail Court. The site is approximately 30 feet above I-80S, which is advantageous for the siting of wireless communications facilities because it affords a longer view both north and south along I-80S. 4. Plannin2 Commission Action At the December 13, 1995 public hearing, the property owners to the north who reside at 461 Quail Court appeared before the Planning Commission in opposition to the project. They had concerns related to the visual impact the facility would have on their property and the issue of EMF. After some discussion, the Planning Commission required that the two following conditions be added to the Resolution of Approval: 1. That the applicant shall plant minimum eight foot tall shrubbery between the cypress trees along the northern property line to screen the facility from the adjoining property; and 2. That the project be reviewed for compliance with all conditions of approval after three months rather than six months which was the original staff recommendation. These conditions have since been added to the resolution of approval. I.J....;L Page 3, Item: I :J Meeting Date: 01123/96 5. Analvsis The proposed location of the PCS site is screened to a large extent from surrounding residential uses. A row of cypress trees lines the northern property line, all of which are about 15 to 20 feet tall. The poles will have little visibility from the residential area because the antennas themselves are less than thirteen feet in height and will, for the most part, be blocked by trees and the house. From the freeway, they will blend into the background because they will be smaller than most surrounding trees and because they will be flat gray in color. The small equipment boxes, not much bigger than those regularly seen along streets as part of the existing land-line telephone system, will be completely screened from the street and surrounding residences by fencing. As mentioned previously in this report, this facility is one of several the Applicant is proposing for Chula Vista. This is part of a larger overall implementation plan the Applicant is now pursuing in order to take advantage of their successful bid through the FCC to obtain the rights to broadcast in certain band widths. At present, three other applications are being processed by the Planning Department. PCS facilities, in general, are different from the other types of wireless communications systems previously brought to the City by AirTouch and GTE Mobile Net (formerly U.S. West). These cellular systems use analog broadcast technology at different frequencies and wattages and, therefore, have higher tower structures and larger equipment buildings. PCS, on the other hand, uses digital broadcast technology. Although the AirTouch and GTE Mobile Net systems require taller towers than PCS, PCS requires more facilities than these cellular companies do because their facilities do not broadcast over as wide a range as cellular does. It is expected that PCS will require anywhere from two to three times as many towers as a cellular system. PCS can also be more easily integrated into existing buildings than can cellular facilities because of the small equipment and antenna needs. SANDAG has recently completed an issues paper entitled Wireless Communications Facilities Issues Paper, which will be forwarded to the Planning Commission and City Council in the near future. This report is an important document in explaining the differences between the systems, their functioning and system requirements. Whether the PCS facility is to be at a stand-alone site or structurally integrated into an existing building, a conditional use permit is required for each site. The conditional approval of PCC- 96-06 does not, in any way, commit the City to approving future requests from any PCS company. /;...; A 13 Page 4, Item: Meeting Date: 01/23/96 6. Conclusion Based on the minimal impacts the Pacific Bell Mobile Services facility will have on surrounding residential land uses and given the requirements contained in the conditions of approval, staff recommends approval of the project. FISCAL IMPACTS All costs associated with the processing of PCC-96-06 will be absorbed by the applicant. Attachments 1. Draft Council Resolutions 2. P eso U Ion 3. Minutes from the Planning Commission of 12/13/96 4. Disclosure Statement Exhibits 1. Locator Map 2. Site Plan & Elevations 3. Applicant's Project Description (m: \home\planning\martin\pacbe1\quailct\9606a. 1 13) / j~J( RESOLUTION NO. /~/?tJ RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL GRANTING CONDITIONAL USE PERMIT PCC-96- 06 TO PACIFIC BELL MOBILE SERVICES ALLOWING THE CONSTRUCTION AND OPERATION OF A WIRELESS COMMUNICATIONS FACILITY FOR A PERSONAL COMMUNICATION FACILITY AT 455 QUAIL COURT I. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as 455 Quail Court ("Project Site"); and, B. Project Applicant WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on August 22, 1995 by Pacific Bell Mobile Services ("Applicant"); and C. Project Description; Application for Conditional Use Permit WHEREAS, said application requested permission to construct and operate a wireless communications facility for a Personal Communications System (PCS) consisting of two metal radio equipment cabinets and two pairs of plastic panel antennas at two different locations mounted on approximately thirteen (13) foot high poles; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on December 13, 1995 and voted _-_ to recommend that the City Council approve the Project in accordance with Planning Commission Resolution PCC-96-06; and, E. Notice of Public Hearing WHEREAS, the City Council set the time and place for a hearing on said Conditional Use Permit PCC-96-06 and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries (m: \home\planning\martin\pacbel\quailct\9606cc. res) 13/ Resolution No. Page #2 of the property at least ten (10) days prior to the hearing; and I;. Place of Public Hearing WHEREAS, the hearing was held at the time and place as advertised, namely January 16, 1996 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and 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 on the Project introduced before the Planning Commission at their public hearing on this project held on December 13, 1995, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator determined that the project is a Class 3(e) Categorical Exemption from environmental review pursuant to Section 15303 of the California Environmental Quality Act; and IV. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated findings to be made. I. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed Personal Communication System facility is necessary to provide and maintain a quality wireless phone system in the Chula Vista area. The system has the potential to be used by many public service providers including sheriff, police, fire and paramedics, thus enhancing emergency response. The proposed facility will provide needed channel capacity in the area that will help to ensure availability, not only for general users, but for emergency service providers. The (m:\home\planning\martin\pacbel\quailct\9606cc.res) /J-J, Resolution No. Page #3 requirement for mandatory sharing will eliminate or reduce substantially the need for future tower or antennae sites elsewhere in the immediate vicinity. 2. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. Personal Communication System communications operate on low-power radio waves. Emissions from the antennas have been shown to be below any levels that would cause hazardous biological effects. In addition, antennas emissions are so far below all recognized safety standards that they constitute no hazard to public health or safety. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. Conditional Use Permit PCC-96-06 is conditioned to require the permittee and property owner to fulf1l1 conditions and to comply with all the applicable regulations and standards specified in the Municipal Code for such use. The conditioning of PCC-96-06 is approximately proportional both in nature and extent to the impact created by the proposed development in that the conditions imposed are directly related to and are of a nature and scope related to the size and impact of the project. 4. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The granting of PCC-96-06 will not adversely affect the Chula Vista General Plan in that said project is proposed to be built in a location with little land use or visual impact. V. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-95-47 subject to the following conditions whereby the Applicant and/or property owner shall: I. Construct the Project as described in the application, except as modified herein or to accommodate one or more similar uses, and/or as approved by the Municipal Code. 2. Prior to operation of the facility, submit plans to the Zoning Administrator for review and approval of a fence to be constructed from the northeastern corner of (m: \home\planning\martin\pacbel\quailct\ 9606cc. res) /:J~? i . Resolution No. Page #4 the existing residential unit to the northern property line, and construct said fence. 3. Paint the monopoles and panel antennas galvanized gray, if said monopoles and panel antennas are not already that color. 4. Plant minimum eight foot tall shrubbery along the northern fence line between the existing cypress trees, to the satisfaction of the Zoning Administrator. The plant palette and spacing shall be reviewed in accordance with a plan approved by the Zoning Administrator prior to planting. 5. Cooperate with other communications companies in co-locating additional antenna on pole structures and/or on the tops of buildings provided said co-locatees have received a conditional use permit for such use at said site from the City. Permittee shall exercise good faith in co-locating with other communications companies and sharing the permitted site, provided such shared use does not give rise to a substantial technical level- or quality-of-service impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether permittee has exercised good faith in accommodating other users, the City may require a third party technical study at the expense of either or both the applicant and complaining user. 6. Comply with ANSI standards for EMF emissions. Within three (3) months after final inspection, Applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at subject site. The report shall quantify the EMF emissions and compare the results with currently accepted ANSI standards. Said report shall be subject to review and approval by the Director of Planning for consistency with the project proposal report and the accepted ANSI standards. If on review, the City finds that the Project does not meet ANSI standards, the City may revoke or modify this conditional use permit. 7. Submit evidence within three (3) months that the project does not cause localized interference with reception of area television or radio broadcasts. If on review the City finds that the project interferes with such reception, the City may revoke or modify the conditional use permit. 8. Provide one fire extinguisher of a type and at a location satisfactory to the Fire Marshal. 9. Obtain all necessary permits from the Chula Vista Building Department and Fire Department. The design of the equipment shelter and antenna array shall comply with the requirements of the Zoning Administrator and with the edition of the (m: \home\planning\martin \pacbel\quailct\9606cc. res) /:1"Y Resolution No. Page #5 Uniform Building Code and the Uniform Fire Code in effect at the time of issuance of any permit. 10. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. 11. This conditional use permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 12. Applicant's failure to meet ANSI standards for EMF emissions or comply with the condition relating to the interference with area television and radio reception shall constitute grounds for revocation or modification of this conditional use permit. 13. Within three months from the issuance of any building permit, submit a list of these conditions of approval to the Zoning Administrator addressing each as to how it has been implemented. The Zoning Administrator shall determine compliance. Non-compliance, as determined by the Zoning Administrator, with any condition of approval shall make this project subject to further review by the Planning Commission, said review resulting in modified conditions of approval or revocation of Conditional Use Permit PCC-96-06. 14. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Applicant's installation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Applicant/ operator shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated, below. Applicant's/operator's (m: \home\planning\martin\pacbel\quai1ct\ 9606cc. res) 13"" 1 i Resolution No. Page #6 compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all of Applicant' s/operator' s successors and assigns. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the Applicant shall execute this document before a notary public by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or Applicant, and a signed, stamped copy returned to the Planning Department. Failure to return a signed and stamped copy of this recorded document within thirty days of recordation to the Planning Department shall indicate the property owner's/ Applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner Date Signature of Representative of Pacific Bell Mobile Services Date VI. NOTICE OF EXEMPTION The City Council directs the Environmental Review Coordinator to prepare a Notice of Exemption and file the same with the County Clerk. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be aut atically re ked and of no further force and effect ab initio. Presented by Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney (m: \home\planning\martin \pacbel\quailct\9606cc. res) l:t -/0 .1 . .Y Attachment 2 Planning Commission Resolution PCC-96-06 7 /3-// RESOLUTION NO. PCC-96-06 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL GRANT CONDITIONAL USE PERMIT PCC-96-06 TO PACIFIC BELL MOBILE SERVICES ALLOWING THE CONSTRUCTION AND OPERATION OF A WIRELESS COMMUNICATIONS FACIUTY WHEREAS, a duly verified application for a conditional use permit was f1led with the City of Chula Vista Planning Department on August 22, 1995 by Pacific Bell Mobile Services (" Applicant"); and WHEREAS, said application requested permission to construct and operate a wireless communications facility for a Personal Communications System (PCS) consisting of two metal radio equipment cabinets and two pairs of plastic panel antennas at two different locations mounted on approximately thirteen (13) foot high poles; and WHEREAS, the Planning Commission set the time and place for a hearing on said conditional use permit application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property at least ten (10) 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. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends City Council approval of a Conditional Use Permit for the Project in accordance with the attached draft City Council Resolution for the Project, subject to the findings and conditions contained therein. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the applicant and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CAUFORNIA, this 13th day of December, 1995 by the following vote, to-wit: AYES: Chair Tuchscher, Commissioners Davis, Ray, Salas, Tarantino, Thomas and Willett None None NOES: ABSENT: William C. Tuchscher D, Chair Nancy Ripley, Secretary ~ /~q-/2 (m'\home\plannin'\manm\pacllellquailct\9606pc....] Attachment 3 Minutes from the Planning Commission Meeting of 12/13/95 ~ (' 13-1:]' ;' /3 - /-"/ TIllS PAGE INTENTlONAll. Y BLANK Excerpt from Draft Planninl! Commission Minutes of 12/13/95 ITEM 5. PUBLIC HEARING; CONDITIONAL USE PERMIT PCC-96-06: REQUEST TO CONSTRUCT AND OPERATE A WIRELESS COMMUNICATIONS FACILITY FOR A PERSONAL COMMUNICATIONS SYSTEM, LOCATED AT 455 QUAIL COURT IN THE R-1 ZONING DISTRICT - Pacific Bell Mobile Services Principal Planner Griffin presented the staff report, noting the project location was at the end of a cul-de-sac adjacent to the I-80S freeway. A letter had been received from an adjacent resident who had several concerns about the proposal. Staff had written a response to the resident. Mr. Griffin reported that staff felt the antennas did not represent any sort of negative visual impact, were very modest, and would not represent any type of electrical interference or electromagnetic problems. This being the time and the place as advertised, the public hearing was opened. Kirk Dakan, representing Pacific Bell Mobile Services, stated that the facility was the first system they were proposing in San Diego County. Their technology is the personal communication services, called PCS, which is a new digital technology. He explained where the system would be located and the service area. He noted the visual impact was very minor because of trees and freeways. Pacific Bell Mobile Services agreed with staff s findings and had no objection to the recommended conditions of approval. Commissioner Tarantino asked if all subsequent antennas would be located on residential property. Mr. Dakan replied that they would not; there were two other applications which would be coming to Chula Vista in the future, either for Planning Commission or for administrative approval--one at Rohr Industries with the antennas mounted on the facade of a parking structure. Commissioner Tarantino, regarding tests to be conducted six months after installation for the EMF emissions and for interference to local television and radio broadcast, asked if those readings could be taken before with a mobile unit. Mr. Dakan stated that that had already been done. Commissioner Tarantino asked if the tests could be done within a shorter period of time--rather than six months. Mr. Dakan agreed with that. Chair Tuchscher asked if he would use the system in a similar fashion as the cellular phone. Mr. Dakan stated it would be similar. The advantages the customer would notice would be the higher sound quality, because of the digital technology. The transmissions would be encoded so people could not listen in on conversations. Chair Tuchscher asked if there would be less busy cells. Mr. Dakan stated that it basically introduced competition into the market. Greg Wakefield, 461 Quail Ct., CV, lives next door to the project. He stated the antenna would be located in an Otay Water easement and would have to be moved another 5 01' 10 feet to the south. He was concerned with the EMF, and did not want the antenna in his back yard. ~ / ~' -//-J "'-/ -</ PC Minutes -14- December 13, 1995 There was a 5' fence between his home and his neighbor; there were cypress trees spaced about 10' apart. He was concerned about the aesthetics of the antennas and decrease in property value. He opposed the location, not necessarily the installation; wanted to see the study go to the property just south on Rienstra Court. He mentioned a two-story house next to 455 Quail Ct. which is a two-story house, on which it may be better to install an antenna. Chair Tuchscher asked if the Otay Water easement was an issue which had. been addressed or considered. Mr. Griffin asked the applicant if he was aware there was an easement. Mr. Dakan said Pacific Bell Mobile Services had a master agreement with the Water District to locate facilities within their easements as long as it did not interfere with their operations. Commissioner Salas stated it seemed that the object of the resident was that of an aesthetic standpoint. She asked if possibly some kind of decorative shrubbery could be installed to soften the effect of the antennas. Commissioner Ray asked if the antenna would run with the property if the owner moved. Mr. Griffin stated that as long as the project remained the same, the conditional use permit remained with the land, not the ownership. Commissioner Ray noted the agreement was signed by the owner, and asked if it had to be signed by the new owner if the property changed hands. Chair Tuchscher stated that he assumed the lease would run with the land and transfer by the recorded document. Mr. Dakan stated it ran with the property and added value to the property. Regarding the visual screening, Mr. Dakan stated that at close ranges, vegetation absorbed the frequencies. The antennas would be directed primarily down at the freeway but would also be projecting north as well. Nothing higher than 8' could be along the rear 20 feet of the property line. Commissioner Ray asked if the cypress had to be cut down to 8' as well. Mr. Dakan answered negatively. The cypress trees were tall and narrow, and by themselves were not enough of an obstruction. No one wishing to speak, the public hearing was closed. MS (ThomaslRay) to accept staff's proposal with the added condition that 8' shrubbery be planted between the cypress along the fence line. Commissioner Tarantino asked for a shorter review period of three months for the testing. The maker and the second agreed. Chair Tuchscher stated that he hoped the Planning Commission had addressed the concerns of the applicant and the neighbor by adding the 8' shrubbery. VOTE: 7-0 f>~ /..3' - /& Attachment 4 Disclosure Statement ...... 7= /Jf - /7 nm C . OF a-Il1U. VlST A DISCLOSURE S. J'EMEIo(J' You arc required to file a Stalemenl of Disclosure of certain owneBhip or financial inl.ereSts, paymenls, or campaign conlrihulillM, on all maller~ which will require discretionary aClion on the pari of the City Council, Planning Commission, and all olher official bodics. The following informal ion musl be disclosed: I. 2. 3. 4. s. 6. Date: Lisl the namcs of all persons having a financial intercst in the property which is the subject of the application or th, contract, e.g., owner, applicant, contractor, subcontractor, material supplier. ThCt:e.U Md3;Ie. Se-\-Jic.e5 ~\,l~\(a\\ A \\J'd.." t..V\o, :Y\ee, i \'")0 \ \ l-'\cke\t\z I e. Te.\e.fDM<M0.'\; (';:l{.i~ EJrov,? If any peBon. Idenlified pursuanlto (I) above is a corporal ion or partneBhip,lisllhe names of all individuals owning more Ihan 10% of the sharcs in the corporal ion or o..ning any parlnership intercst in the partneBhip. If any person. identified pursuanl 10 (I) above is non. profit organization or a Irusl, list the names of any peBon serving as direclor of the non-profil organizalion or as trustcc or benefteiary or uuslor of Ihe trust. Have you had more than 5250 worth of busincss transacted with any member of the City IIarr, Boards, Commissions, Committees, and Coundl within the past Iwelve months? Ycs_ NOA If yes, please Indicate penon(s): Please idenlify each and every person, Including any agenlS, employees, consultanls, or Independent contractors who you have assigned to reprcsent you before the City in this matter. t:\ 'a.\'u;7:lnn t-t: \ Ie 'I \ ~~~:\ ~~~'<;G- Have you and/or your officers or agents, In the agg~te, contributed more tban $1,000 to a Counc:lImember In tbe currenl or preceding elcction period? Ycs_ No If yes, IIate which Councllmember(s): (;, \~( [0 'r\.e.1{-., 0e.< ~.\'( t..~ ~_""- . ~e~~ _\,..,\,,,,- C;~\r- · · · (NOTE: A1&ad1 addiUoIIII"~~\...t. _ Signature of coDtractor/appllcaDt __~li=\'~ UA.kAtJ Print or type name of contractor/applicant ~/22/9S I · tms!!lr '*f/NtI1U: 'Any IndividM.J, fin,. <o-,.,.,-;"joiIu -. ___ _1M dub,""'" ....._.... ~..... _ _ _........... tIW ... ." 0IIw _.", <iIy .1Il <""''''>~ <iIY IfUU"<ipdliIy, tlilrk4 '" _ ptJIili<oJ adldi....... "'." 0IIw ",.., '" ~ ..... . . /111&' 1,8 -/ f Exhibit 1 Locator Map /_l-/9 r:........ \::~-. ~ - ~ .. '--- . ~ \.. 'Y; 1......, t--I ~~.~~-(~ '! ;Yf ,.; ~-" ~ ,," ~. .ro0 ~ ~~~~~t _ . :~ L-- !f .......... ->=1 ../- '-~q-"""""': _ '""""" z 1-1 '1 - ~ " -I- I /J - ~/7 l::j~ ' z_OUINOA ........-j::j:<:: - -+0/.-< 1 r- "'e~~b<~::::~~..:.{:.~;;.: ,A~ 1--- ..;~..~ "',,..,., .-; 11'3. 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",\'. __,'" . ,J,. ;, :,,_-.fI',/ ~ ,~~ /' CHULA VISTA PLANNING DEPARTMENT LOCATOR "'OJECT Pacific lell P'IIOJECr DE5C1lIPI1ON, C) APl'UCANT, Mobile ServIces CONDITIONAL USE PERMIT "'OJecT 4155 Quail Court Request: I'wmission to construct a wirelllll ADDRESS, communication facility in the R-l mne. SCAlf, fUNUMBa NORTH "00' PCC.96.06 .=~/ S~ /3 -.:f2 /) -ff Exhibit 2 Site Plan and Elevations ( II : , , .;, /1/ /5~J., TIllS PAGE INTENTIONALLY BLANK -.m-- /3.-~c1 ~ ~ ~~[F~~EI~~s~[L[L@ [R{i]@~o~@ ''''' 0 e>@!i'WO<s@@ HaMLEY ORANGE A VENUE EAST 455 QUAIL COURT. CHULA VIST A,CA 91911 80-168-02 " ABBREVIAT10NS .1 - --- - )) --- ~ - - ---- \.I...) - - . . -- - - - -- !: - = - - -- - : -. ~- -. . -- . .- - - - . - . . - - - . - = - - . :- - . . ..- - - - .- -- . --- - - I - -- . - . -.- -- - I I LBGBND I - El -- I , @--,~ I , I ~-- -- I I e-- --- I i A- , I I 0--- i VICINITY MAP SHEET INDEX PAOJI!!OT SUMMARY ~CH'T"'CT""A' ........,eANT ...... ."0:0:'. ..........,.. ........ c:-.....,.. 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J1 000. ....-........... :::!~,.:: co ..... ::::.':::.... -.._1.... ~.ClFt<II.....L" --..... ~...:...--\- - APPROVEO BY ~ .. - ~ -.- HOMLEY --- ~_..:......tI ~ . .. - ""/111 - "",. -- -,- TITLE SHEET. PROJECT DATA CONTACTS, VICINITY MAP KEY MAP -. ,. ...........e........ -. -.. T- 1 ~ " . ! , ~,t 18:,. .g! I II! z ~ !'~ II =r! >! <( I 1'1 -' Wi' 0.. ,',. I ~;,~ 1-' I' Ii! <( 'Ii! I U!l ~l ' I w ~ir 10 I' . ,... :Jln " IIi I Vi ! I I '.1 .. i ~ ~ .". ; I' fd "I lii!lil;~ , H ~; i' ~ ~: oJ ::f ;l ;~:. ~! ! ~. I. "j fi i. il, !I;! ~~~, :~ri' I tH; ;;~ ~ . . I "11 ' I.r 11- i l:'~ i:i! ihi, i: ! 1m !!~iii II;! '",. .,'1.1, ,!' '1:1 "';ll~i II: -, S st. 'I' 'I t .r~!. !..... l' tlj ;;, lillI!, " .. ,--- . ,-<t ,.-\' Q\.IJ'.~'--L- -- """""'\' --' \ ~ \\ u~~ / " " &1. '~~~ i" '\, i/~ \, I \ [:j '" . . ~ Q ~ '" ::J / C< t:l '" <t :t w . . \ \\, '\ ) =$-- : I'hpl . i' , 'f d !::~~~: "'" II .....'.. ----. c ----.-_____ '" '" '" . . [:j . 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Z~ , c I ill 5:~ ~ ii!c c o~ ..z Z w w, ~le ~ "'.. 0 ii:5 z~ ..~ o~ ii!8 li:z "0 .'" ~~ wz , z. z z 0 ,'. 0 :;: ~ ..'-... e Ii I~ s Z n 0 ;i ~" - /_::1 '76 ~r'_ _# ~ ~ 8:l. ~ I"l f ~1;!U I .J I oJ I II -, 'II i _! .'1 u,l })l Ib ~ . f ,I \:E1 ,- .A;'~" ..",,,,,, I ,- -. ~,~ n >-Il Vl I ..J wi' i ~ <( I....J t~ ~ I: ~ ,~ W I ~lil 0 I I J -j =5-'- I: ,.., 0 ;f~' .~ I - I % , iz ..J ~ , W '" ::I .... Q. I W 5 = t: - 0 o~ ~< r, 'z w, - z 0' w, i5~ .... . ~i ~ i ! i . I I W I i I I . ; z ! I I . 0 I I J I I >= l I ! l I I ~ I' Ii W l ..J ! . I . W . H . I .. . II .... ~ ~ z . , => 0 '" .. z z ....,- w, ..... ~ i "h- /3-.,;{h Exhibit 3 Applicant's Project Description /f-~7 PROJECT DESCRIPTION SD-168 (Orange) Pacific Bell Mobile Services proposes to construct, operate and maintain a wireless communication facility at 455 Quail Court, at single-family home at the western terminus of Quail Court above, and on the east side of, the 805 Freeway. The facility will consist of: 2 metal radio equipment cabinets; two pairs of plastic panel antennas at two different locations for a total of four panel antennas. The antennas will be mounted on two poles in the back yard of the home. The antennas will have a maximum height of approximately 13 feet. At this location the antennas will have transmission access to the freeway below. The equipment cabinets will be located in the rear yard as well. The proposed facility will require connection to an existing 120/240 electrical service and existing wire line telephone service. Upon completion of construction, the facility will require periodic maintenance of two visits per month. 1-g-~y PUBLIC HEARlNG a-lECK LIST' SUBJECT: . . .. ""',/ ,~. -:' ... ,'j: ."' '-',~> "/'-f:k/..:2--1.-;"?r.v// 1c:.1- L ..-- 7t~ - ?/?-. , ,- ~ . / < ",,',5,7,;;' PUBLIC HEARlNG DATE: ~. ,~.. .-- ~ ",CU, .&'~ ~:.A_rYJ4../-~~ I /1 ;'-'_::~' _.~. --- ~"~;:: ~..~. "-'"~-;:;.~-'"...,-....!. ' ,-,-")..,..._.~,........;;:(;...,.,.............~~.....,/~c-~ ; BY MAlL PUBLICATION DATE I/; / /; t:. / ' . ' PER GC ~S4992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122 LOGGED IN AGENDA BOOK J !t/ ~ t / / / ('"": . rj NO. MAlLED Y 1/ MAlLED NOTICES TO PROPERTY OWNERS COPIES TO: Planning ,/ v t/'" Administration (4) Originating Department ------ Engineering Others .- City Clerk's Office (2) POST ON BULLETIN BOARDS ) J, / ' /"./7&-' / SPECIAL INSTRUCTIONS: 7/93 ,,~a' --, /'''J ,- ~ '[? ./ ~(ft- ~ """~.......... """.....t.~ em Of CHUlA VISTA OFFICE OF THE CITY CLERK TELEFAX COVER I.EITER Te1ecopier No. (619) 585-5612 DATE: ;' //0/90 / / TO: Star News Lel!al FAX NO: (619) 426-6346 SUBJECf: rtt~ !ct L' , / -, I C.;tIQP G:;~ ;-r-i; V) or FROM: ~ " ItA 11! { C ~t1( VI 0;- f TOTAL NO. PAGES (including cover): /'} .-X:: PUBUCATION DATE: / ~~/'/h ( 7 If all pages are not received, please call Lorna @ (619)691-5041. IH"& 4~ '7 "JO' /~) ----:1 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691-5041 ~ "''''''''''-... 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 a conditional use permit for the property located at 455 QUAIL COURT. The application, filed by Pacific Bell Mobile Services, requests permission to construct and operate a wireless communications facility for their Personal Communications System (PCS) consisting of two metal radio equipment cabinets, two pairs of plastic panel antennas at two different locations mounted no approximately thirteen (13) foot high poles. The purpose of the facility is to serve Pacific Bell Mobile Services customers traveling on Interstate 805 and surrounding neighborhoods. The Environmental Review Coordinator has determined that the proposal is exempt from environmental review as a Class 3( e) Categorical Exemption pursuant to Section 15303 the California Environmental Quality Act. Any written comments or petitions to be submitted to the City Council must be received in the City Clerk's Office no later than noon on the date of the hearing. Please direct any questions or comments to the project planner, Martin Miller, Associate Planner, in the Planning Department, Public Services Building, Chula Vista Civic Center, 276 Fourth Avenue, Chula Vista California 91910, or by calling 476-5330. 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, January 23, 1996 at 6:00 p.m. Council Chambers, Public Services Building Chula Vista Civic Center, 276 Fourth Avenue At which time any person desiring to be heard may appear. Date: January 4, 1996 Case No: PCC-96-06 /) /) /_1-:5 I \ CITY OF CHULA VISTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Chula vista, CA, will hold a public hearing for the following item(s): Consideration of a CUP by Pacific Bell for the property located at 544 Quail Court to construct and operate a wireless communications facility for Personal Communications System consisting of two metal radio equipment cabinets, two pairs of plastic panel antennas at two different locations mounted to approximately 13 foot high poles. Purpose of the facility is to serve Pacific Bell Mobile Services customers traveling on I-805 and surrounding neighborhoods. Contact Martin Miller, Planning Department, 476-5330. SAID PUBLIC HEARING WILL BE HELD ON TUESDAY, January 23, 1996 beginning at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, Chula vista, at which time any interested person may appear. If you wish to challenge the City Council's action on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk at or prior to the Public Hearing. Beverly A. Authelet, CMC/AAE city Clerk DATED: January 10, 1996 PUBLISH: January 13, 1996 /1- :2 '1 - _/0", ~~~ ~~:-: ~-..;.-....::--...;: .............................. -- -~ CllY OF CHULA VISTA PLANNING DEPARTMENT 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 a conditional use permit for the property located at 455 QUAIL COURT as depicted on the map duplicated on the reverse side of this notice. The application, filed by Pacific Bell Mobile Services, requests permission to construct and operate a wireless communications facility for their Personal Communications System (PCS) consisting of two metal radio equipment cabinets, two pairs of plastic panel antennas at two different locations mounted no approximately thirteen (13) foot high poles. The purpose of the facility is to serve Pacific Bell Mobile Services customers traveling on Interstate 805 and surrounding neighborhoods. The Environmental Review Coordinator has determined that the proposal is exempt from environmental review as a Class 3(e) Categorical Exemption pursuant to Section 15303 the California Environmental Quality Act. Any written comments or petitions to be submitted to the City Council must be received in the City Clerk's Office no later than noon on the date of the hearing. Please direct any questions or comments to the project planner, Martin Miller, Associate Planner, in the Planning Department, Public Services Building, Chula Vista Civic Center, 276 Fourth Avenue, Chula Vista California 91910, or by calling 476-5330. Please include the Case Number noted at the bottom ofthis 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, January 23, 1996 at 6:00 p.m. Council Chambers, Public Services Building Chula Vista Civic Center, 276 Fourth Avenue At which time any person desiring to be heard may appear. (~OMPLlANCE WITH AMERICANS WITH DlSABILmES ACT (ADA) The City of Chula Vista, in complying with the American With Disabilities Act, requests individuals who require special accommodation to access., attend andlor participate in a City meeting, activity or service request such accommodation at least 48 houl'll in advance for meetings and 5 days for scheduled services and activities. Please contact Nancy Ripley for specific information at (619) 691-5101. California Relay Sen'ice is available for the hearing impaired. Date: Case No: January 4, 1996 PCC-96-06 SEE LOCATOR MAP ON REVERSE SIDE. / -'} ..,~ ,~) -=-"L1 276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691.5101 r- \.,'>". . -r- '.. ~ ~ ~t~<<\:~:~.~:\;;:'. .I.~ t- .. I--- .... ..' ",'i. 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I \'\" -..; council Agenda statement Item: !..i Item Title: Meeting Date: January 23, 1996 Ordinance No. 2661 - AMENDING THE CAMPAIGN CONTRIBUTIONS ORDINANCE TO APPLY THE CITY'S CONTRIBUTIONS PROHIBITIONS AND LIMITATIONS TO INDEPENDENT EXPENDITURE COMMITTEEf)[) Bruce M. Boogaard, City Attorneyl~ Submitted by: Agenda Classification: ( ) Consent (XX) Action Item ( ) Public Hearing ( ) Other: 4j5ths 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 the 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. 1"/"' I 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, "organizational"l dollars should be kept out of the campaign process. Second, no one individua12, 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 based 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. /'1-.2. 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. /tf:] 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 amendments 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 committee4 unlimited access to and receipt of such Organizational Dollars. If it is justifable to keep organizations from contributing to the campaign 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 this 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 contributions limitations. 11f-'j j ORDINANCE NO. 2661 AN ORDINANCE AMENDING THE CAMPAIGN CONTRIBUTIONS ORDINANCE TO APPLY THE CITY'S CONTRIBUTIONS PROHIBITIONS AND LIMITATIONS TO INDEPENDENT EXPENDITURE COMMITTEES. The city Council of the city of Chula vista does ordain as follows: 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 Statements. Audits. Disqualification and Disclosure. Criminal sanctions. Injunctive Relief. Enforcement. Severability. 2.52.010 Findings. [JXJflt3l T ~ / /..[-1-( 9 , 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 specifically 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. :; /Jf-J.fb 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 I 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 82015 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, JLJ-~0.- I ' ',' '7 company, corporation, association, or committee, including a political action committee. 1. "Person" means a natural individual. J. "Political Purpose" means an action by a candidate for the purpose 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. K. "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 1n 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. R.. "Requlated Independent Expenditure Committee" means an independent expenditure committee as def ined 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 Committee 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. I ~-tfJ 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. 14--1.fL -) 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 the City of Chula vista limits contributions to campaigns for City elective office. either to candidate controlled committees or to Requlated IndeDendent EXDendi ture Committees. to two hundred fifty dollars ($250) per contributor. When contributions from an individual cumulatively amount to $100 or more, the complete name, address, occupation and employer (or name of business if self-employed) of each donor must be reported in the 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 Subsection B, for a period of more than thirty (30) days are subject to the contribution limits of this ordinance. 2.52.100 Family contributions. I J{-1~ .-1'" 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 contributions 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. includinq a Requlated 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 case 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) )4-'f9 :-1 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 be filed with the city clerk pursuant to this ordinance shall contain the following information: 1. The information required by Government Code section 84211 and any administrative regulations adopted pursuant thereto; and 2. Any information required by the city clerk. B. All City Campaign statements ci ty clerk pursuant to this prescribed by the city clerk. form should be similar to, required by state law. 2.52.140 Duties of Treasurers and Candidates. required to be filed with the ordinance, shall be on a form To the extent practicable, such or consolidated with, those /if -1 h .~-! :.J, i 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 Campaign statements required by this ordinance, or any campa1gn 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 candidate whose campaign statements are subject to an investigation or audit by the City shall provide the Finance 9 /l-(,-4~ ,,- , 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. 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 ($1,000) 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. C. 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. D. 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. E. 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 enccmr"oement of an organization or another person or not. 10 Il-j -2{- J ,) : 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 shall 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 expenditures of any person or committee at any time. In the event that production of such records is 11 JL{-fL \ 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. ved as to form by Bruce M. Boogaard, 1 y Attorney M:\home\attorney\cont 14--4J./ /Jf-/lf 12 SAN DIEGO MUNICIPAL CODE A27.2903 DIVISION 29 San Diego Municipal Election Campaign Control Ordinance (Added 4-10-73 by 0-11034 N.S.) A 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 and 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 provide 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 XI of the Constitution of the State ofCal- ifornia and Articles II and In ofthe Charter of The City of San Diego. 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 N.S., effective 6-29-77.) A 27.2903 Definitions Whenever in this division the following words or phrases are used, they mean: (a) "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 (3) 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 suI:-. ject of a recall 61ection. For purposes of Section 27.2903(b) (4), a City office holder "becomer. the (94-649) EYHd~/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 persons 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 basis 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 if the 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 held in hor..o: or behalf of a candidate or committee when the t.)tal cost of II - I I 'If MC 2-225 A27.2903 SAN DIEGO MUNICIPAL CODE the event is no more than five hundred dollars ($500) 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 ifthe 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 ofvolunteer personal services. (f) "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 elections 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 authority to do so. (i) "Expenditure" means a payment, a forgive- 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) "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 committ3e 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 of the City Council; or (2) submitted or intended to be submitted to a popular vote at a City election by the procedure of Me 2-226 A-~,L initiative or referendum whether or not it qualifies for the ballot. The term "measure" d"..o not include a recall election. (1) "Payment" means any payment, reimburse. ment, distribution, transfer, loan, advance, deposit, gift or other rendering of money, property, services or any other thing of value, whether tangi- ble or intangible. (m) "Person" means any individual, proprietor- ship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, labor union, or any other organization or group of persons acting in concert. (n) "Political purpose" means the purpose of influencing or attempting to influence the action of the voters for or against the nomination, election, 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 circumstances that they were not made for political purposes. (Amended 7-11-<J4 by 0-18086 N.S.) A 27.2904 CANDIDATE AND 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-<J4 by 0-18086 N.S.) f 27.2905 RECALLELECTIONS 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.) f 27.2906 Reserved for Future Use (Reserved for future use 7-11-<J4 by 0-18086 N.S.) <_9) I~-t SAN DIEGO MUNICIPAL CODE 127.2923 ~ 27.2907 Reserved for Future Use (Reserved for future use 7-11-94 by 0-18086 NS.) ~ 27.2908 Reserved for Future Use (Reserved for future use 7-11-94 by 0-18086 N.S.) ~ 27.2909 Reserved for Future Use (Reserved for future use 7-11-94 by 0-18086 NS.) ~ 27.2910 Reserved for Future Use (Reserved for future use 7-11-94 by 0-18086 NS.) ~ 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- 11-94 by 0-18086 N.S.) ~ 27.2912 AUTHORITY OF TREASURER No expenditure may be made by or on behalf of a committee without the authorization of the Trea- 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 N.S.) ~ 27.2914 Reserved for Future Use (Reserved for future use 7-11-94 by 0-18086 NS.) ~ 27.2915 Reserved for Future Use (Reserved for future use 7-11-94 by 0-18086 N.S.) ~ 27.2916 Reserved for Future Use (Reserved for future use 7-11-94 by 0-18086 N.S.) ~ 27.2917 Reserved for Future Use (Reserved for future use 7-11-94 by 0-18086 N.S.) ~ 27.2918 Reserved for Future Use (Reserved for future use 7-11-94 by 0-18086 N.S.) ~ 27....919 Reserved for Future Use (p ,served for future use 7-11-94 by 0-18086 NS.) (..-) ~rS- ~ 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 establish 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 (10) 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 within ten (10) business days shall be returned to the contribu- tor as soon as possible after the tenth l1O) 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 ofthe candidate may establish and maintain one joint checking account for the candidate and the committee. (Amended 7...;lO--<J5 by 0-16487 N.S.) ~ 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 6-29-77 by 0-12096 NS. effective 6- 29-77.) ~ 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 disburse to the candidate or committee establishing the checking account an amount not greater than $20 per wee!: to be used for petty cash purposes by the candidate or committee. /1/- ? MC 2.227 127.2923 SAN DIEGO MUNICIPAL CODE An amount not greater than $40 per week may be disbursed to a candidate and committee jointly establishing a campaign contribution chpcking account, to be used for petty cash purpoSbS. (Amended 6-29-77 by 0-12096 NS. effective 6- 29-77.) 1 27.2924 Liquidation of Accounts In the "vent 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 N.S. effective 6- 29-77.) 1 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 ofthe 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 the candi- date or committee and deposited in whole or in part into the campaign contribution checking account; and (4) any disbursement made from the cam- paign contribution checking account. (b) The records required by Section 27.2925(a) shall include, but not be limited to, all of the following: (1) the name and address of the contribu- tor; and (2) the amount of the contribution, and the 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 that cash was offered or received, and a legible photocopy 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 checking account; and (6) if a contribution is self-funded, a state- ment disclosing the source of the funds; and (7) if a contribution is of somethir.g other than money, a description of what was contributed, a reasonable good faith estimate of the monetary value of the contribution, and the basis for the esti- mate; and (8) fc~ each disbursement made from or check drawn on the campaign contribution check- MC 2-228 ing account, the canceled check, the bank state- ment showing the disbursement, the nam a 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 campaign statement to which they relate is filed. (d) Each candidate and committee shall deliver, on demand, to any public officer having authority to enforce this Division a written autho- rization permitting the officer to have access to all records pertaining to the campaign contribution checking account. (e) 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. (0 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.) f 27.2926 Campaign Contribution Trunt Account - Establishment (Repealed 6-5-75 by 0-11630 NS.) f 27;2927 Campaign Contribution Trust Account - Disbursements (Repealed 6-5-75 by 0-11630 NS.) 1 27.2928 Campaign Contribution Trust Account - Surplus Funds (Repealed 6-5-75 by 0-11630 N.S.) f 27.2929 Campaign Contribution Trust Account - Confidentiality (Repealed 6-5-75 by 0-11630 NS.) 1 27.2930 Reserved for Future Use (Reserved for future use 7-11-94 by 0-18086 NS.) J{-S" <-) SAN DIEGO MUNICIPAL CODE t27.2943 ~ 27.2943 Disclosure, Evidence and Terms of Loans (a) If a candidate or committee obtains a loan in compliance with Section 27.2942, the candidate ~r committee shall comply with all ofthe following requirements: (1) 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, asset(s) pledged for the loan, records of pay- ments on the loan including legible photocopies of any canceled checks, and any other promises or conditions pertaining to the loan; imd (2) The candidate or committee shall 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, tJ O+-e.. : J (a) It is unlawful for a candidate, committee whichever occurs first; and ., crT \?v.-t, supporting or opposing a candidate, or person act- (3) The candidate or committee treasurer "" ~ ,ti ..k.ing on behalf of a candidate or committee to solicit shall personally sign a promissory note for the "'TV C"''i\'''' cJ( or accept from any person a contribution which amount borrowed and with a specific payment sched- ^ ...A Y\'I,frefs1will cause the total amount contributed by that ule and other terms comparable to that which would \:All" \ -' person in support of or opposition to a candidate to be imposed by a commercial lending institution for exceed two hundred fifty dOll~S $21j,0).for il"'XSin- loans ~t made for political purposes; gle election. i.vJ.t~b\ p\\..trw1:S~4) The candidate or committee shall agree (b) 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 by 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 purpGBeS iSection 27.2941(a) and (b), the loan in an amount not to exceed the monetary lim- term "committee" ,ncludes but is not limited to a its set forth in Section 27.2941; and fi 27.2932 Campaign Statement - Con- tents (Repealed 6-29-77 by 0-12096 N.S. effective 6- 29-77.) fi 27.2933 Campaign Statement - Verifi- cation (Repealed 6-29-77 by 0-12096 N.S. effective 6- 29-77.) ~ 27.2934 Campaign Statement - Filing (Repealed 6-29-77 by 0-12096 N.S. effective 6- 29-77.) ~ 27.2935 Campaign Statement - Filing Fee (Repealed 6-29-77 by 0-12096 N.S. effective 6- 29-77.) ~ 27.2936 Campaign Statement - Excep. tions - Declaration (Repealed 6-29-77 by 0-12096 N.S. effective 6- 29-77.) ~ 27.2937 Campaign Statement - Public Inspection and Copymaking (Repealed 6-29-77 by 0-12096 N.S. effective 6- 29-77.) ~ 27.2938 Campaign Statement - Reten. tion ,'Repealed 6-29-77 by 0-12096 N.S. effective 6- 29-77.) ~ 27.2939 Reserved for Future Use (Reserved for future use 7-11-94 by 0-18086 N.S.) ~ 27.2940 Reserved for Future Use (Reserved for future use 7-11-94 by 0-18086 N.S.) (-) It, ~ committee that makes independent expenditures. ("Contribution Limits" added 7-11-94 by 0- 18086 N.S.) fi 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 monetary limits set forth in Sec- tion 27.2941 from any person for the purpose of sup- porting or opposing a candidate in a City election. (b) Subject to the requirements of Section 27.2943, a candidate may personally 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 for 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 N.S.) MC 2.229 /1/,'1 f27.2943 SAN DIEGO MUNICIPAL CODE (6) A candidate or committee shall main- (Added 7-11-94 by 0-18086 N.S.) tain copies of all loan docuTllents and make legible copies available for inspection in the manner pro- vided in Section 27.2925. (b) Section 27.2943 does not apply to commit- tees that are organized solely for the purpose of supporting or opposing the qualification of a City measure for the ballot or solely for the purpcse of adopting or defeating a City measure, and that pursue no other purpose. ("Disclosure, Evidence and Thrms of Loans' added 7-11-94 by 0-18086 N.S.) f 27.2944 Payment for Goods or Services (a) Except as provided in Section 27.2945, each candidate or treaSilrer of a controlled commit- 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 part. (b) 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 N.S.) f 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 political 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 N.S.) f 27.2946 Continuing Violations A candidate or committee treasurer violates Section 27.2945(b), (c) 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 remains partially or wholly unpaid after the time periods set forth in Section 27.2945 constitutes a s~parate violation. MC 2-230 I}~t ~ 27.2947 Prohibitions and Limits on Contributions From Organizations (a) It is unlawful for a candidate, committee, committee treasurer or other person acting on behalf of a candidate or committee to 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(a) 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 27.2947(b) and (d), 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. (b) 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 t.reasurer shall be subject to any penalty for receipt ofthat 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 clIecking 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 ofthe date of discovery of the violation report in writing to the City Clerk R.ll facts pertaining to the contri- bution, including but not limited to: (1) a copy of any check(s), draft(s), or other /tf-/() (......) SAN DIEGO MUNICIPAL CODE 127.2959 instrument(s) by which the contribution was made; and (2) if made in cash, the amount and denom- inations of currency tendered and a legible photo- copy of the bank deposit slip; and (3) if by wire or other electronic fund trans- fer, a legible printout or photocopy of the transac- tion;and (4) the means of tender, delivery or coniir- mati on 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 ;)r 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.) t 27.2949 Anonymous Contributions 'IbtPl 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 whum 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 Uty. iAnonymous Contributions" renumbered from Sec. 27.2943 on 7-11-94 by 0-18086 N.S.) t 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 another 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 campaign 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 vio- lation of this section to the City Treasurer for deposit in the General Fund of the City. iAssumed Name Contributions" renumbered from Sec. 27.2944 on 7-11-94 by 0-18086 N.S.) t 27.2951 Campaign E"'penditures- Uncontrolled by Candidat." or Committee Persons or organizations nnt subject to the con- (84-<148) A--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 6-29-77 by 0-12096 N.S. effective 6- 29-77.) t 27.2952 Advertising Rates; Service Fees and Charges 'lb 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, the 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.) t 27.2953 Campaign Expenditures Received by Communications Media - Statement Required (Repealea 6-29-77 by 0-12096 N.S. effective 6- 29-77.) t 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 with the campaign of the candidate c::- for or against the measure shall refuse knowingly to divulge or disclose to the Enforcement Authority his record of any expendi- tures made by the candidate or committee in pay- ment for such goods or services or both. (Added 4-10-73 by 0-11034 N.S.) 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 (Reserved for future use 7-11-94 by 0-18086 NS.) t 27.2957 Reserved for Future Use (Reserved 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.) 1 27.2959 Resf'rved for Future Use (Reserved for future use 7-11-94 by 0-18086 N.S.) )'/-// MC 2.230.49 ~27 .2960 SAN DIEGO MUNICIPAL CODE A 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 A 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 of this 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 ofthis division has occurred may file forfeit the amount received in violation of this a complaint with the Enforcement Authority. If the 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 provision 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 shall 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, if the candidate is not an incumbent. sion and may demand and be fumished records of In the event of a vacancy resulting from appli- campaign contributions and expenses at any time. cation of Section 27.2971(c), the vacancy shall be (d) The Enforcement Authority shall deter- filled in acco~dance with the procedures set forth mine whether required statements and declara- in the City Charter for the filling of vacant City tions have been filed as required and, if so, offices. MC 2-230.50 If ' ~ A 27.2960 Reserved for Future Use (Reserved for fut:....e use 7-11-94 by 0-18086 N.S.) A 27.2961 Duties of City Clerk In addition to other duties required of him under the terms of this division, the City Clerk shall: (a) Supply appropriate forms and manuals prescribed by the state Fair Political Practices Commission. These forms and manuals shall be fumished to all candidates and committees, and to all other persons required to report. (b) Determine whether required documents have been filed and, if so, whether they conform on their face with the requirements 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. (e) Compile and maintain a current list of all statements or parts of statements filed with his office pertaining to each candidate and each mea- sure. (t) Cooperate with the Enforcement Author- ity in the performance of the duties of the Enforce- ment Authority as prescribed in this division and applicable state law. (Amended 6-29-77 by 0-12096 N.S. effective 6- 29-77.) A 27.2962 Authority (Repealed 6-29- 77 by 0-12096 N.S. effective 6- 29-77.) Duties of the Enforcement whether they conform with the requirements of this divisio". (Amended 6-29-77 by 0-12096 N.S. effective 6- 29-77.) ~ 27.2964 Reserved for Future Use (Reserved for future use 7-11-94 by 0-18086 N.S.) A 27.2965 Reserved for Future Use (Reserved for future use 7-11-94 by 0-18086 N.S.) A 27.2966 Reserved for Future Use (Reserved for future use 7-11-94 by 0-18086 N.S.) A 27.2967 Reserved for Future Use (Reserved for future use 7-11-94 by 0-18086 N.S.) A 27.2968 Reserved for Future Use (Reserved for future use 7-11-94 by 0-18086 N.S.) A 27.2969 Reserved for Future Use (Reserved for future use 7-11-94 by 0-18086 N.S.) A 27.2970 Reserved for Future Use (Reserved for future use 7-11-94 by 0-18086 N.S.) /'1-/.2 <-) SAN DIEGO MUNICIPAL CODE ~27.2975 (d) If a candidate is convicted of violating any provision of this Division any time prior to the election, the candidacy shall be terminated imme- diately and the person shall be no longer eligible for election. (e) Any person convicted of a violation of any provision of this Division shall be ineligible to hold a City elective office for a period offive (5) years from and after the date of the conviction. (f) 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 discovery of the violation. ("Penalties" reenacted 7-11-94 by 0-18086 NS.) 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 certificate of nomination or election to any candidate 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 required by the Political Reform Act of 1974. The City Council shall not adopt a res- olution declaring any candidate to be nominated or elected until such statements or declaration have been filed in the form and at the place required of the candidate in this division. (Amended 6-29-77 by 0-12096 N.S. effective 6- 29-77) t 27.2974 Rules of Construction This division shall be construed liberally in order to effectuate its purposes. No error, irregu- larity, informality, neglect or omission of any officer in any procedure taken under this division which does not directly affect the jurisdiction of the Council or the City to control campaign contri- butions and expenditures 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. (Added 4-10-73 by 0-11034 N.S.) I-I A-..1 MC 2-230.51 /"1-/3 INDEPENDENT EXPENDITURE AND MAJOR DONOR COMMITTEE CAMPAIGN STATEMENT (Government Code Sections 84200-84216.5) Rt.- (' .-..,,- -..J.-, li'~.~ -', "--U FORM 461 1990 For use by: (I) Persons who have made indeDendent eXDenditures totaling $ 1,000 or more in a calendar year to support or oppose candida(ijij . officeholders or ballGl measures; or efT (2) Persons who have made expenditures or contributions totaling $10,000 or more in a calendar year directly to or at the behest of candidates, officeholders or committees. '91 JJJ -3 /'. Q. ". .'iv,,,-C (Type or Print in Ink) Statement covers period JlttJ I} 1"'1 I through :JuNe "I, J'f'f I A OFFICiAl USE ONLY NAME OF FilER: (INCLUDE _11 OF oW. AFFLlATED EN11TIES WHOSE CONTRaITIDNS _INCLUDED .. THIS STATEMEHTl (.....;,..) MA-tLT :ro>.vV~LIZ'1 tr1B (( I/fJ L A L ~ fh,.' IVJ PERMANENT ADDRESS: MC).MOSTMlT . , . - ._~ ...- , . . l -' TT If n" ~. I.- "COOI AlItA CQDEJUAY IlMll'HOHt I'IIUMIt" , STAll NAME OF RESPONSIBLE OFFICER: (IF FilER IS OTHER THAN AN INDIVIDUAL) .'ry 4~1I\}' l-. ~L-Tf)1Iv,1-1 PERMANENT ADDRESS OF RESPONSIBLE OFFICER: ~,v.,.;1l1~n r/(L 7/'l/d NO..&fCISlM.U OTY nAn z..-CODE ANACDDlJDATn'otlI'tiONlNuMalll DATE OF ELECTION (MO., DAY, YR.): Of-.cAIU' TOTAl PAGES 3 SUMMARY I. Expenditures and contributions (including loans) made of $ 100 or more this period (Part I) 2. Expenditures and contributions (including loans) undet $ I 00 made this period (Not itemized)............. ULf(J - 3. TOTAL (Line I + 2) ................................................................................................................................ 4. Total of expenditures .nd contributions made from prior statement. (Line 5 of last statament filed. If this is the first statement for the c.lend.r ye.r, enter Zeto.) ................................................................ 5. ~~;:,:~~":ri(l:d~~r:i .~~.~o.~~~~~.~.(i.~~~~~.~~~~.~~~~o.~~~~. (~.~~.~~~~~.~.~.~f.t~~... ......... $ 6. Loans forgiven.nd loan gu.r.ntees made this petiod (Part II, Columns (.).nd (b)) ................................ $ $ --- $ /7"1 t' s <'" /79(.. - -tf VIRIFICAnON 'HAVI USlDAU. RIAIOOIP,. EDllMIIIKII___THlIITATUollNT. IHAVI_DTHlITATlIiIINT AND TDTHIIIITOf MY IUIOWUDGI THI_M~TION CDIIT_HUI_1S 'RUI ANDClIMI'UTI. .allTlP'l UIlDIaPIIIAI.TY Of PIIUtIIV _ THILAWI Of THlITATlOf ~ THATTHI fOUGOIMIS 'RUI ~OIUtICT. " Executedon :7i~d.t LI..J!.. IU. by ,~'1;{' /{p (~~'''?YJ (DA TEl (OTY ANO STATE) (SlGNATUllE OF INDIVIIlUAI. DONOR OR llESPONSIBlE OFFICER IF OTHER THAN AN INDIVIDUAl) For inform.tion rec,ui~ to be pro~ided to YClU Wrsu.ntto the Information Pr.ctices Act of '977, _/nform.tion Manual on ~mtN;an Disclosure -Provisions of the POIitiaJ R.fotm Act. . EX/fit, T.1. 13 11/...6 SUPPLEMENTAL INDEPENDENT EXPENDITURE REPORT FORM 465 Report covers period from '::TAN Iv 11'1 J through JVII/e .s- , 197 I NAME OF FILER: 1.0. NUMBER (If recipient committee); III. flUNG OFFICERS WITH WHOM MOST RECENT CAMPAIGN STATEMENTS HAVE BEEN FILED: OFFICIAL TITLE OF FILING OFFICER: flJ,11<7111J L. I1LT6 ADDRESS: IV. SUMMARY: 1. Total independent expenditures madeof$l00or more this period (Part I) .................................. S /79 [) 2. Total independent expenditures under $100 made this period (Not itemized) ..........................._ S 3. Total (Line 1 + 2) ................................................................_....................................................... s / 79 t-) VERlFlCAnON I HAVE USED AU IEASONAIU _EIICE IN PlIEPA_ THIS STATEMENT. I HAVE IlEVIEWED THE STATEMENT AND TO THE lEST Of MY U10WLEDGE THE 1Nf0llMAnON CONTAIIIIED HEREIN 15 TRUE AND CllMPlm. I CERNY UNDER PENALTY Of PERJURY UNDER THE LAWS Of THE STATE Of EXECUTED ON "JI../N'e s*:r C-Hvi..t+ /I/!>nt tA c:..-- BY <<DAn} CClTTANOS'An>> ~ TH~9G01NG ~E AND RRECT. ? A CA_TE. OffICEHOLDER OR STATE MEASURE _ENT MIO CONTROLS A collr noE MUST ALSO VERIfY THE CAMPAIGN STATEMENT_ I HAVE USED AU REASOlIIAIU _EIICE AND TO. THE lEST Of MY UIOWLEDGE THE TllIASUIER HAS USED AU REASONAILE _ENeE IN __ THr5 STATEMENT. I HAVE REVIIWID THE STATEMENT AND TO THE lEST Of MY UlOWl.EDGE THE _noN CONT_ED HEIE... 15 TRUE AND co.uTE. I CERTIfY WIDER PENALTY Of PERJURY UIlOER THE LAWS Of THE STATE Of CAL.- THAT THE fOllE_ 15 TRUE AND CORIlECT. EXECUTED ON AT BY IDA'" (QTYMDSTATI) (SGrIATUM Of CAJCMDATt. OffIClMOlDlII OR ~NT) EXECUTED ON AT BY lDA'fl (CJTY.-..oSTArE) (SIGIrIATUM Of CANDCJrATE, OFftClHOlDllt OR NOPONENT) EXECUTED ON AT BY lDA'fl (OTY AND STA,m (llfilUTUAI 01 CAMMDATI. OfftCEHQlDfJl 011; PIlOf'OlittNT) - 2- I Y- /" '--'--' L INDEPENDENT EXPENDITURE AND MAJOR DONOR COMMITTEE CAMPAIGN STATEMENT FORM 461 ALT8 STATEMENT COVERS PERIOD, FROM THROUGH J t.//tle .:':> NAME Of fUR, L. LTl3 I. EXPENDITURES AND CONTRlBUnONS (INCLUDING LOANS) MADE: (AmounU may be rounded off to whole dollers.) NAME AND ADDRESS OF PAYEE cM{gla~ CUMU. DATE IND If COMMIT1II. . "'DOmON '0 COUMlnu'l NAME OF CANDIDATE' OfFICE AMOUNT LATlVE EXP.. IBUT MADE AMOUNTS MAW AHD ADDNU.IMTI".D_ NUMlIIl IlNCl~ INl9:fST OR NAME OF BALLOT MEASURE TO DATE.* oa.. NO I. D. ....... ...., MIN "'",*D. . BALLOT NUMBER OR LEnER 1"'11"': 'MAlUMn NAMlAND AODU.ll) AA .If l I CIwd _ /Y).P<nAl L. 1/ i-~N ..... ... CALENDAR YEAR: rft,C7iDN C'I= Ii"" "'" - 5 11'0 fJf I? i Nlt-pe~ t;7tJ ,~ ~?- otrlM?/!.. /f,4-'Tt:'. /It!c/&ASe FPrt. '/!,t?{illJoZ.NT ~ FISCAL YEAR, /1'1/ C'tl,)'A (/,.5711 c,t1t. e ...P. " . ,,' ~~ ~A/.i e t?1"70 tL 5 /9/J - 7i; I/,..P 1\/.-1'/)('/'_ CALENDAR YEAR, ff1J 3() /. /J') ;JllnN L. /1 C7.?lIJ-",,'J Le.j-j--e-rf-, To 7//1'7 IV /f:1Je /!. 5 /t,CC-> 'V tJuJ/iJea., ~~ tiSon"", e:.<5', Fe/!. /01/0 FDr{ ~ FISCAL YEAR, "J9/ 4/AJ /J1#I..T2-<</e~ 11;/)'\ III A-)) e ,P-':-, qiJ4JP~ 5 /~#C> .5>f"t4el? r <-OIN />'J.'9-teT CALENDAR YEAR, 2Sr ;J ~I> "h"iL 5 G jj t/L..It- II/5TH- FISCAL YEAR, ~I...,r "f J '1 II;) 5 1-~/q-'f2 7-//1.3 "'#t/~,f J//s~ 4"..<:, CAlENDAR YEAR, .... 58'/ C. :;infe"r 5 C'HJl--l+- i/15- r?'/ FISCAL YEAR' c... L J Fe ,e"J, 14- "'J, <I J tJ 5 i-6/'l..'f7b-C>/ 7? CAlENDAR YEAR, 5 FISCAl YEAR, 5 .See instructions on reverse reqardinq independent expenditures, . .Calendar year cumulative amounts are re!luired for all contributions and independent expenditures, SUBTOTAL S/77C> - Fisc:al ear cumulative am9unts are required for all ,ayments wl!ich are contributions to candidates, /}1 / offlCe~olders. or to committees whICh support ca::J:dates or offICeholders, 2 . - 99/ "- "- I ~ ...... iI.... . . ..... ~ . , . :.; : , ,...... SUPPLEMENTAL INDEPENDENT EXPENDITURE REPORT (Government Code Section 84203.5) p<:: C :~ 'V C' D For use by a candidate, officeholder or committee making independent expenditures totaling 11500 or more in a calendar year to supp:ort or oppose a single candidate or a single measure. This form must be . d a -3 A 8' U tl\e same times and laces as tne ca ai n s a emen s Ie' .i' u an I a e su 0 e or 0 ose or comml ee rlman arm 0 SUPQO or OPP<l$e e measure. separa e orm mus I or eac candidate or measure being supported or opposed. This form islt#' i!.f i. , addition to any other required campaign statements. CITY Ct . '. :, ir c (T~pe 01 Print in Ink) FOR OFFICIAL USE ONL y Report covers period -:J1trV 6)'1'1 J throughXA/ ~ ~} I 1.0 NUMBER (If RtCIPltNI COMMITlH) FORM 465 1990 AMtA COOtft'HQHl: HUM_tit NAME OF TREASURER: IIf "((IPltNI COMMITtU) PERMANENT AODRESS OF TREASURER: NO AfilDSfMftT CI1V STAll ""cOO< AM" COOtJOAY TlMl PHONt. HUMIEft Iff, DATE OF ElECTtON: (MO. DAY, VR) .tt .........'U...t) I TOTAL PAGES IS THIS A CONTROLLEOCOMMlTTEE7 liS TH~ A SPONSORED COMMITTEE? :),).1.,,_ 4. ,"I q I 2- DYES g.NO 0 YEs 21 NO I. NAME OF CAND!Q~TE SUPPORTED OR OPPOSED AND OFFICE SOUGHT OR HELD. OR NAME OF BALLOT MEASURE AND BALLOT NUMBER OR LETTER AND MEASURE'S JURISDICTION: JiM NItIP~ Fote mA'1of( CHECK ONE - SUPPORT OPPOSE II. INDEPENDENT EXPENDITURES MADE: (Amounts may be rounded off to whole dollars) X DATE NAME AND ADDRESS OF PAYEE DESCRIPTION OF AMOUNT CUMU- EXPENDITURE LAT1VE AMOUNT /fh,/ 36 17Jt1 r. r,,.} - L. h LAtlftt,' 111 Le 'fret!.. }O LIto,,,", ~M1 1, C (> IN IY).'l.RT .jQ.,,;e LIZ-"i ~'STJ'~5 .sul';~(}/?n"t /6(.00 - 1/79'0 /'19/ :2.:;-,; 3,z I) kv-e 77 '" If be/Z- Fo~ - / w." A" ..', < fii CAt.. '/1'11/) r?1~ ~ /?. '.11L- J ,,11 A It Tl ,v' L- 1/ L r6~(/ tY1 A~mN of I'-Ir~ i/Vc-(L'4'r s... L e '1+e.;L /9{) -- /991 <::'0- 0 w flie--t.. 1711tr A~'< > Folt. ,'..... I 7 ~(J CH IA..~I!..."-f~<J::!. 7""'"l" A A t. (? N.trPe.1... 5 ~~~.~I FkYVI ..... ..s.C...,t4.,/JQ.,C.1IO m Attach additional infonnation on appropriately labeled continuation sheets. For information .-quirltd to be pro~ided to you pursuant to the Information Practices Act of I9n, _Information Manual on Camoaian Disclosure Pro~isions of the Political Reform Act. /o/-/Y )S 1 . .' late Independent Expenditure Report SEE IN~TRUCTtONS ON REVERSE Type or Prirlt In Ink .."'o.....ts .....)' 1M> 'DuniHd 11) whGle dotl4iB Date S1amp RECEIVED "3'>'::";\<- '} ,:-~~':''\'''~: . fi~l ({ t.1!^' .!.t-"l ,.1.' ,..,:,("f,\! 1, "~}< >( \ . 1.: . <...........,.... 1" ~" , 'J':" .,' r J) t'!. ",1)'" l l' ,. , ~ 1~ ~ l 'I' '~l" :, ",~, : ' I . " <' A "" Off"' Use Onlll '9C .... -) AP:06 HAMl OHIlII ADDAISS DSl1lln \' 'lDNY VALENCIA P. O. BOX 120021 ARIA (OOlJPHONl to. NUMB! A (if ..ppIK.bI.) CITY CHlJLA VISTA STATE CA ZIP (001 91912 late Independent EApenditufe'1 (t.lstOnI!'C~.OI"lIotMP.sLHW'h,Fo'-m) "AMI Of CAHDIDATf SlWPOllUOOR OPOOSfO' PENNY ALLEN OI'II(E SOUGHT OR HELOJDISTRICT NO. Ml\YOR NAME OF IlAlLOT WASUllf SUPI'ORnooeOPPOSfO: .I~RTL BALlor NOAETTEA J JURISDICTION CHUIA VISTA X late ..Ktependent Expenditures Made Att.dI MlditioMJ inlotm.tion on ..pprOP';~.1y L.b~"dcontlnu.Mjon m..b DATE DES(RIPTM>NOF EXPENDITURE AMOONT .~ 06/02/94 MAILING , 5,000.00 t. "- --t:. s \ ~ ~ , '>G cS'~ , t. - -_._--~- --- IOIlIM'OW:;'tnHII(QI.lItIiO '0."10',1010 lO....OU.OMUAN' fOtHf ...'OIlM...'IONI'M("JK['j./I,(.l or 19l1. ~Ef ..'QIIMolTIONM.......AI OH()lM'.I{jIolOi\.(lO~,IRt MO..."'IQlt$nf IWI 'Ollnc.a.l"U)fl;""ACI Slate of CaliforrU fait PoIiIiql Pradices l.orn.iS5tDn i~dependent Expenditure Committee and Major Donor Committee Campaign Statement (~rnment Code SKtion.142GO-14216.S) INDEPENDENT EXI'ENUllUKe LVIVI'"IILL ''''', MAJOR DONOR COMMITTEE ST A YEMENT Trpe or pr.nl In 1nIl. D.te Stamp " ,< I',' r'i-,lJ' . l " ,,I', t !1" 1'1 t Statement cover. period from SEE INSTRUCTIONS ON REVERSE through Name/Address Of Filer NAME OF FILER (Incl..... n.me(.) of .n.llilloted entitieS whose <onlributionS .,e included in Ihis 'I.tem.nl.) Advanced Telemark PERMANENT ADDRESS (NO, AND STREET) 8001 Bent Branch Drive CITY STATE 21P CODE Irvin RfSPONSlBlE OFFICER (I iii.. is other then.n indMdu.Q TX 75063 AREA CODEIOA YTlME PHONE Mike Santry (214) 373-8662 n Naturellnterests ((amplel. _h oppIi<_ ....ion(.U o A FilER THAT IS AN INDIVIDUAL MUST LIST THE NAME~DRESS AND BUSINES51NTERE5TS OF EMPlOVER OR. IF SElF-EMPlOYED, THE NAME. ADUKESS. AND NATURE OF THE BUSINESS ....... NAME OF EMPlOVERJlUSINESS BUSINESS INTERESTS ~ ~ ADDRESS OF EMPlOYERJlUSINESS ........ [i) A FilER THAT IS A BUSINESS ENTITY MUST DESCRIBE THE BUSINESS ACTIVITY IN WHICH IT IS ENGAGED Telemarketing o A FilER THAT IS AN ASSOC....TION MUST PROVID~ A SPECIFIC DESCRIPTION OF ITS INTERESTS o A FilER THAT IS NOT AN INDIVIDUAL. BUSINESS ENTlTV.OR ASSOCIATION MUST DESCRIBE THE COMMON ECONOMIC INTEREST OF THE GROUP On ENTITY D.te olele<tlon" .ppIk.....: lMonth. O.r. VOIr) ') \\ WL'^""~ ~?"'\""'\ . ~~~,,~o II For 0111<101 use Onlr '''' 1 of l' 6/1 /94 ummary (Amounts m.r be rounded 10 wI10Ie dol.....) 1. hpenditures and contributions (including lOIns) mlde of S 100 or more this period (Part V) ..' . .. .. .. .. .. .. . .. . .. .. S 2. Expenditures and contributions (including loans) under S 100 mlde this period (Not Itemlzld) ..............,........ S 3. Total expenditures and contributions made this period (Add Lines 1 + 2) ..., SUBTOTAl S 9. 5UO .00 9.500_00 o 4. Total expenditures and contributions made from prior statement (Enter Line 5 of last statement filed. If this is the tint sta,._t for the 0 calendar year, enter zero.) ." .. .. .. . .. . .. .. .. . .. .. S 5. Total expenditures and contributions (including loans) mlde to date (since January 1 ofthecurrenlca'endaryear) TOtAL S 9.500.00 (Add Lines 3 + 4) ......................, 6. LOIns forgiven and lOIn guarantees made this period (Enter sum of Part VI, Columns (a) and (bll .. .. . .. .. .. . .. . .. . .. .. .. .. ,. s ---!1. IV Veri itation 'I I have used an reasonable diligence In preparing this statement. I have . reviewed the statement and to the best of my knowledge the information contained herein is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. EMecut.d on San Diego. California OTY AND STATE Br SIGNA Tl'RE OF INDIVIDUAL DONOR RESPONSIBLE OFFICER If OTHER THAN /IN INDIVIDUAL _ fOft....ORMATION"I~DTOIl PMMOIDTO yOU ,,",SUAHl lOTHlINfOMlA'IQNpu'(lKI\ACl Of "". UE ....OAMA'IQN MANUAL ON UM.....IGH OOtlOSUl'f: HlJVIW)N$Of 'HI PDlt1ULil,QAMAO SlIte of COIIfornllo f... ,oItk.1 ".<tk.. Comml.sIon ~ TrlHI Of prlnlln 1nIl. I~dependent Expenditure Committee and Major Donor Committee Campaign Statement IGo..,nmenl Codt 5tcIoons "zao."2 \6.51 St.tem.nt cove.. period f,om 5(( INSTRUCTIONS ON REVERSE Ih'DU9h I Name/Address Of Filer NAME OF FILER (Ine""" ".mICI) of .1I.ffili.ted .ntitieS whoM contributtonl.r. induded in this statement.) Tony Valencia PfRMANENT ADDRESS (NO. AND STREETl CITY STATE ZIP CODE RESPONSllLE OFFICER IIf Iller Is 01.... \hlll.n IndlYlclu.1) II N.turennterests F er (Cornp!eluoch .pp1ic.bIe ,.aion{s).) L.1 A FilER THAT IS AN INDIVIDUAL MUST UST THE NAME ADDRESS AND IUSINESS INTERESTS IIU OF EMPLOYER OR. IF SELF-EMPlOYED. THE NAME. ADDRESS. AND NATURE OF THE IUSINESS NAME OF EMPlOYEIIIlIUSINESS IUSINESS INTERESTS Bail Bonds ADORESS OF EMPlOYERIIUSlNESS 3318 Mendocino Ave, Santa Rosa, CA 95403 o MILER THAT ISA IUSINESSENTITY MUST DESCRIIE THE IUSINESS ACTIVITY IN WHICH IT IS ENGAGED o A FILER THAT IS AN ASSOCIATION MUST PROVIDE A SPECIFIC DESCRIPTION OF ITS INTERESTS o A FILER THAT IS NOT AN INDIVIDUAL. IUSINESS ENTITY. OR ASSOCIATION MUST DESCRIIE THE COMMON ECONOMIC INTEREST OF THE GROUP 0.. ENTITY INDEPENDENT EXPENDITURE COMMITTEE AND MAJOR DONOR COMMITTEE STATEMENT D.te Stomp RECEIVED .. "', 'j,! . A><' < ~ . . , 'l', f ~ ; J1 t ~tle ~f elertlon If .ppIko....: I~h. 0.,. 'e.,) '''' 1 of 1 ~ Jl 2t P 1:1 " ForOHic..1 Use on" f.J7/QA umm.ry Y CLERK'S OFFICE (Amounts m.y be ,ounded to whole dol.....) 1. Expenditur@s and contributions (including loans) mad@ofSl00or mor@thisperiod(ParlV) .. ...................... S 5 ,0':>0 .00 2. Expenditures and contributions (induding loans) und@l'Sl00made 0 this periOd (Not it@mized) ....................... S 3. Total @xpendlturesandcontributions madethisperiod(AddUnesl + 2) .... SUBTOTAL S-5..Dllll m 4. Total expenditures and contributions made from prior statement (Enter Une 5 of 11$1 statement filed. If this is the fint statament for the calendaryear,entenero.)........................ S ~ ~ ~ '" o 5. Total expenditures and contributions (including loans) made to dat@ (since January 1 of the current calendar year) (Add lines 3 + 4) ....................... TOTAL S" 111111 llll 6. loans forgiven and loan guarantees mad@thisperiod (Enter sum of Part VI, Columns (a) and (b)) ... .. .. . .. .. . .. . . .. .. .. .. ... S----1l--- IV Veri ie.tion " I have used all reasonable diligence I" preparing this statem@nt. I have . revi_ed the statement and to the best of my knowledge the Information contained her@in is true and complete. I certify under penalty of perjury under the laws of the 5tate of California that the foregoing is true and correct. At San Diego, Ca1ifQrnia OTY ANDSTATl Iy SIGNATURE OF INDIVIDUAL DONOR OR RESPONSIILE OFFICER IF OTHER THAN AN INDIVIDUAL 'OR INfORM...'tONNQUMIIIO 10'1 PIKMDID10 'OUI'UR5UAN1 t01H11Hf0Mt...'tONPU(lIC(\ ACI OJ 1'11. UllNfOllMAnON MANUAl ON C...MP........DlKlOWM NDVIIIDNIOf ,.. HknKAlMfOlM loCI. St.te of CalIf"!.... Fe" PGlItk.1 ".ctlee. Cornmh.1on Late Independent Expenditure Report SEE INSTRUCTK>NS ON REVERSI lype o. rrint In..... A....ollftts Ift.Y M IDl.IftHd 'QW.....du..B Date Stamp A "" OIIiclo1 UIe 00IiI -6 P2:09 '94 Ctt::l .1. VISTA IIAMI Offill. ADDRESS \' ADVANCED TELEMARKETING ....EA COOEJPHON( I.D. N.-ER (of .pplou"') (214) 830-1800 8001 Bent Branch Drive CITY Irving TX ...---.... STAT! 75063 ZIPCllOE .-.....-....-.c-. Late Independ..nt b.....nditu... (<in ~ CMwIIrM. 01_ .......... ro, 'OIm) "AMI Of CAHDlDAU ""PDIIlID O. OPPOSID' HAMI Of IAlLDT ..ASIIllI SUp_nD oa OPPOSID: Shirley Horton 0"1<< SOUGHT OR H=~~rcr NO. -I S';PORT L IALlOT NOAETTER _ _JlVltISOICTION Ute Independent Expenditures. Made Att.clt.Mtditionrll iAIot...,lon Oft .pprGpTut.~ L.bfll.dcontinuMion sltHb OA.TE OfSCR.lIONOF EXPENDITURE .I~l~~ 6/4/94 Phone Calls (In Kind) . S 9,500.00 ( in --- . ~ " ~ $ " ~ i i ( --------.-. n AMOUNT kind) ,().....(.....~.If'JN.QUlAIiD 10. l"aa"IOU) IOYau.UHUA"'" '0 'HI "uou,u,1'tON PMClI(($4'.1 Of l')U. ~[f _OIIIMoIolIONM"""AI f'Wf,NMAI61rri DI\(lO\t.( "",v.1IOtf1,ft1 110.1 'OUUl"l '~'OlII:M"(J St.l~ of Cali'orw f_ PoIiIiuI "M'KeI (om_nioft. -, , , Semi-Annual Statement of No Activity Type or print In Ink. STATEMENT OF NO ACTIVITY M5e'!'lVE 0 '01' r'" .. " ~1iIi,s;.*'<, "At'~$,~ ,,'I:'''t<. ;L;'^il!ll ",.1l ,<vt>.,~ H<-t...., (~ ? For OffiCial Use Only For use by recipient committees, except controlled committees, that have not received any contributions and have not made any expenditures during the six-month period covered by a semi-annual statement. Committees controlled by an officeholder or candidate may not use this form. NOTE: If the committee had, at any time during tile year, any outstanding loans made or received, this form may not be used for the semi-annual statement on which the . Annual Report of Outstanding loans. must be completed. '95 JI. 21 A8:( CITY OF CHULA VI'- an CLEltK'S on:i Recipient Committee Information NApilE Of cOMMlnEh. ,~.I CH/.~LA V~A /'WCE OFFW<S""~IUI'I Pa.mCAL KTrm Commrrra: ADDRESS OF COMMITTEE (NO. AND STREET) Z.7~ 4W -AlE: , CITY ~0HOil~~R NAME Of TREASURER 1.0. NUMBER liP CODE ?i<'tAN 7!<EJJL PERMANENT ADDRESS Of TREASURER l7ft1 4711 Ave CITY i!1uLA VIS'7fl AREA CODEIDA YTIME PHONE NUMBER ( ulq ) 47lp - 53?ip (NO. AND STREET) Q'?XJ170 STATE STATE liP CODE CA q(qlo CA qf(IO (u/qj erR/-51St II Period of No Activity No contributions have been received and no expenditures have been made during the period covering the dates below: Check one of the fOllowing boxes and complete the year. Ii:a" January 1, through June 30,19 qs 0 July 1, through December 31,19__ ~ ~ ~ ...... III Verification I have used all reasonable diligence in preparing this statement. I have reviewed the statement and to the test of my knowledge the information contained herein is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Exetutedon 1 J I q /qS- O'.n At C{~W.ft VI JfA I (f\ CIlY AND STAll By ~?3~~ StGNATUIlf Of TREASU'In fOA INfORMATION REQUIRED TOlE P"ovIDlO TO YOU PUftSUANllOTHE INFOIlMATlON PP.A(TI([S A(1 OF 1911, SEE INFOAMATION MANUAL ON CAMPAIGN DISCLOSURE PROVISIONS OF THE POlITICAL ftEFORM ACT State of California Fair Political Pr attices Commission Independent Expenditure Committee and Major Donor Committee Campaign Statement (Government (ode Sections 84200-84216.5) INDEPENDENT EXPENDITURE COMMITTEE AND MAJOR DONOR COMMITTEE STATEMENT ", ^"^f;IJJ ~" " ~ ~, , < p. " > ~ ~;y~ t:~ .~L, , " v , TVpe or print In ink, Date Stamp RECEIVED / of.2 f.om Statement covers period November 5 94 A FarOHicial UseOnlv SEE INSTRUCTIONS ON REVERSE th.ough November 8 94 Name/Address Of Filer NAME OF FilER (Include name(s) of all affiliated entities whose contributions.re included in this statement.) CHULA VISTA POLICE OFFICERS ASSOCIATION POLITICAL ACTION COMMITTEE PERMANENT ADDRESS (NO. AND STREET) 49 THIRD AVENUE CITY STATE ZIP CODE CHULA VISTA RESPONSIBLE OFFICER (If filer is other than an indivtdual) CA 91910 AREA CODEIDA YTlME PHONE BRYAN TREUL (619) 476-5336 II Nature/Interests 0 Fi er (Complete each applicable section(.).) O A FilER THAT IS AN INDIVIDUAL MUST LIST THE NAME. ADDRESS AND BUSINESS INTERESTS OF EMPLOYER OR. IF SELF-EMPLOYED. THE NAME. ADDRESS. AND NATURE OF THE BUSINESS ..... NAME OF EMPlOYERlBUSINESS BUSINESS INTERESTS "- , ~ ADDRESS OF EMPlOYERlBUSINESS o A FilER THAT IS A BUSINESS ENTITY MUST DESCRIBE THE BUSINESS ACTIVITY IN WHICH IT IS EN(jAGED iUa A FilER THAT IS AN ASSOCIATION MUST PROVIDE A SPECIFIC DESCRIPTION OF ITS INTERESTS Public Safety (law enforcement issues) o A FilER THAT IS NOT AN INDIVIDUAL. BUSINESS ENTITY. OR ASSOCIATION MUST DESCRIBE THE COMMON ECONOMIC INTEREST OF THE GROUP 0" ENTITY Date of election If applicable: (Month. Dav. ,...) 'a.. D-9P9:45 November 8 1994 ummary Y CLERK'S OFFICE (Amount. mav be rounded to whole dolla...) t' 1. Expenditures and contributions (including loans) madeof$l00or more this period (Part V) ........................ $ 92 0 . 0 2. Expenditures and contributions (including loans) under $100 made 0 this period (Not itemized) ....................... $ 3. Total expenditures and contributions 920 . 0 made this period (Add Lines 1 + 2) .... SUBTOTAL $ 4. Total expenditures and contributions made from prior statement (Enter line 5 of Ian statement filed. If this is the first statement for the calendar year, enter zero.) ." . . . . . . . .. . . . .. .. .. . .. $ 0 5. Total expenditures and contributions (including loans) made to date (since January 1 of the current calendar year) (Add Lines 3 + 4) ..................... - . TOTAL $ 920.0 6. Loans forgiven and loan guarantees made this period (Enter sum of Part VI, Columns (a) and (b)) ............................ $ 0 IV Veri ication " I have used all reasonable diligence in preparing this statement. I have reviewed the statement and to the best of my knowledge the information contained herein is true and complete. I certIfy under penalty of perjury under the laws of the State of California that the foregoing is true and correct. E.ecutedon 11 -09-94 At Chula Vista By ~ATE CITY AND STATE SIGNATURE OF INDIVIDUAL DONOR OR RESPONSIBLE OFFICER IF OTHER THAN AN INDIVIDUAL 'OR IN'ORMA,K>N "EOUNllD TO If PROVIDED TO YOU f'UIUUANT TO THI INfORM,. lION PAACTt((\ ACT Of 1'71, SEE INFORMATION MANUAL ON CAM,...tGN OISClO\lHU ,ROVIStONS Of 'HI: POlITICAl .'OM' ACT. State of Clllfornla Fal. PoIltkaI Practice. Commk.ion Independent Expenditure Committee and Major Donor Committee Campaign Statement (Gove,nment Code Sect,ons 84200-84216.5) INDEPENDENT EXPENDITURE COMMITTEE AND MAJOR DONOR COMMITTEE !iTATEMENT ", ." J,',' /J1I 'f",,'" L ,,> ~ ~;)~'~ ~,1 t~J~ fJ Type or print In Ink. 5EE IN5TRUCTlONS ON REVERSE Name/Address Of Filer NAME OF FILER (Include name(s) of IIl1affiliilt.d entities whose contributtons Ire included in this statement.) CI/t./-L/l i/15>7? /'O,.<:../CC O#,/C'E.RS ,l;JSSt!C//177c'Y'; t:',<.J//t'/1-t... /lOT/OM CON/lJ//rEE PER~9TAD:;;/.K'1l /lYE INO. AND STREET) CITY/} ,/" Ch't~/l I" s7?1 RESPONSIBLE OFFICER (If filer is other than an individuII) 5,fy'4N /PEIL/....- II Nature/Interests FI er (Complete each applicable Sl!ction(s).) O A FILER THAT IS AN INDIVIDUAL MU5T LIST THE NAME.!"DDRESS AND BUSINESS INTERESTS OF EMPLOYER OR. IF 5ElF-EMPLOYED. THE NAME. ADuRESS. AND NATURE OF THE BUSINE5S NAME OF EMPLOYERlBUSINESS BUSINESS INTERESTS STATE CIi liP CODE elL/It) AREA CODEIDA YTIME PHONE t/l L/7[ 5330 ADDRESS OF EMPLOYERlBUSINESS o A FILER THAT IS A BUSINESS ENTITY MUST DESCRIBE THE BUSINESS ACTIVITY IN WHICH IT IS ENGAGED ~ A FILER THAT IS AN AS~IATlDN MUST PROVIDE A SPECIFIC DESCRIPTION OF ITS INTERESTS 13suc S/JI'Erv o A FILER THAI IS NOT AN INDIVIDUAL. BUSINESS ENTITY. OR A5SOCIA TlON MUST DESCRIBE THE COMMON ECONOMIC INTERE5T OF THE GROUP On ENTITY Date Stamp RECEIVED 01" of election H applkable: (Month, Day, vel,l '9.) FEB - t P3 :4 '... 01 " For Official USI! Only //-{)S - 9</ ummary Y CLERK'S OFFICE (Amounts may be ,ounded to whole dollan.) t 1. Expenditures and contributions (including loans) madeofS100or more this period (Part V) ........................ S o 90<0. CO 2. Expenditures and contributions (including loans) under S 100 made this period (Not itemized) ....................... S 3. Total expenditures and contributions C2.:.,,,, C() d made this period (Add Lines 1 + 2) .... SUBTOTAL S 7 ~L/. )L/ 4. Total expenditures and contributions made from prior statement (Enter Line 5 of last statement filed. If this is the first statement for the calendar year, enter zero.) .' .. . .. . . . .. . . . . . .. .. ... S 5. Total expenditures and contributions (including loans) made to date (since January 1 of the current calendar year) (Add Lines 3 + 4) ....................... TOTAL S o ,~ \ -:.... "" 9.;{ooo ~ 6. Loans forgiven and loan guarantees made this period (Enter sum of Part VI, Columns (a) and (b)) ............................ S IV Veri ication " I have used all reasonable diligence in preparing this statement. I have reviewed the statement and to the best of my knowledge the information contained herein is true and complete. I certify under penalty of ~.- riyry under the laws of the !itate of California that the foregoing is true and correct. E.ecuted on O) - eN -9'5 By ~/ SIGNATURE OF INDIVIDUAL DONOR OR RESPONSIBLE OFFICER IF OTHER THAN AN INDIVIDUAL CITY AND STATE At t!rkk/l jls;?9 fO" l,.fo.MATION RfOUIfl(D TO IE 'MWIOED TO YOU puRSUANT TO TH( INJOf'MA TlON PMCTICU AU Of 1911. ~n INfORMA ltON MANUAL ON CAMPAIGN DlSCLOSUM "'OVlSK)H5. Of THI POlITKAL MfOMl ACT Stl" of ClIHo,nl1 fll, PoIItkII ',artlces Commission . Independent Expenditure Committee and Major Donor Committee Campaign Statement Type Of print In Ink. Amounts maY' be roundR 10 whole do""... INDEPENDENT EXPENDITURE COMMITTEE AND MAJOR DONOR COMMITTEE STATEMENT Statement covers period . . ! ' ) J ~ 1 > " {o:;, t i' from 05-31-94 SEE INSTRUCTIONS ON REVERSE NAME OF FILER through 06-01-94 ,... 2 of3 CHULA VISTA POLICE OFFICERS ASSOCIATION POLITICAL ACTION COMMITTEE V Expenditures and Contributions (Including Loans) Made (I(more space is needed, use additionlt' copies ofthis page forcontinulttion sheets.) NAME AND ADDRESS OF PAYEE DESCRIPTION OF EXPENDITURE NAME OF CANDIDATE AND DATE Iff COMMITTEE, IN AOOIltON TO COMMmU'S NAME ANO OR CONTRIBUTION MADE OFFICE OR NAME OF BALLOT CHECK ONE IND. CUMULATIVE "'OoafSS. ENTER 10, N\JMIUOA." MOtO_ NUMIUl.HAS IUN ClNClUOE INTEItfIT ....n. MEASURE AND BALLOT EXP,- AMOUNT AMOUNTS TO DATE. A\StGNIO. (Nnl\ lUASUIllI\'S NAME AND ADDRESS.) tfLOAN) NUMBER OR LETTER """""- ,5~ J ANDREW AND COMPANY Reimbursement Mayor CALENDAR YEAR 3/ 2159 India Street 'A for newspaper Chula Vista X X $2348.00 94 't/'t/ San Diego, Ca. 92101 advertisement Shirley Horto OTHER Star News '940953 %~ J ANDREW AND COMPANY POA CRIME Mayor CALENDAR YEAR 2159 India Street 'A MAILER Chula Vista X X $5014.00 94 San Diego, Ca. 92101 Shirley Horto OTHER '940953 J ANDREW. AND COMPANY ABSENTEE Mayor CALENDAR YEAR 2159 India Street 'A MAILER Chula Vista X X $4484.00 94 San Diego, Ca. 92101 Shirley Horto OTHER '940953 CAL'NDAR YEAR '- ~ OTHER ).., II" CALENDAR YEAR .""\f & (', : .~ OTHER .. SUBTOTAL S 11,846.00 . .See instructions on reverse regarding independent expendit"res and cumulative amounts. . ('J Independent Expenditure Committee and Major Donor Committee Campaign Statement Type or print In Ink. Amounts may be rounded to whole doll'rs. INDEPENDENT EXPENDITURE COMMI " .:': "~D MAJOR DONOR COMMITTEE STAitMENT from 05-31-94 >> ~' ~ /J '; ~, . <, 1'1 ' 5tat,ment cov,rs period SEE INSTRUCTIONS ON REVERSE NAME OF FILER CHULA VISTA through 06-01-94 ,". 3 of3 POLICE OFFICERS ASSOCIATION POLITICAL ACTION COMMITTEE VI Loans Forgiven and Loans Guaranteed (If more space is needed, use additional copies of this pa~ forcontinuation sheets.) NAME AND ADDRESS OF OFFICEHOLDER. CANDIDATE OR COMMITTEE OFFICE SOUGHT OR HELD AMOUNT OF LOANS AMOUNT OF LOANS (If COMMlflU, ENTE" THE 1.0. MUMIUOR, tf NO 1.0. NUMIER HAS IUN AUtGNfD, OR BAllOT NO.A.ETTER FORGIVEN THIS PERIOD GUARANTEED ENTEft THE TNASUMII;'S .....ME AND ADDII;nS) AND JURISDICTION THtS PERIOD DATE CUMULATIVE AMOUNTS TO DATE CALENDAR YEAR NOT APPLICABLE OTHER CALENDAR YEAR OTHER \0 CALENDAR YEAR OTHER \ ~ ....... (Enter the total of Columns (a) and (b) on Line 6, Part III. Summary) SUBTOTALS S I s -0- VII Loan Payments Received (If more space is needed. use additional copies of this page for continuation sheets.) NAME AND ADDRESS OF DEBTOR NAME AND ADDRESS OF PERSON WHO REPAID THE LOAN AMOUNT REPAID UNPAID (If THE LOAN WAS MADI TO IA COMMmn,lIST THI COMMlnu's NAME, AODIUSS lAND 1.0 (If OIfflMNT THAN DIIlORJ THIS PERIOD BALANCE \tUMIl". If NO 1.0. NUMIIII; HAS IUN ASSIGNED. LIST THE TII;ElASUMII;'S NlAMI AND ADDMSS) NOT APPLICABLE .. .' . . Report covers period SUPPLEMENTAL INDEPENDENT EXPlND,(URE Date Stamp I""" I ., . , >;t~J l~ t<0; 0 1 ' > " ,t1( ~ ~ 1 >,>,,,{~~<^~'..,~ ~ 1. y~ Supplemental Independent Expenditure Report (Government (ode Sectipn 84203.5) SEE INSTRUCTIONS ON REVERSE Type 0' print In Ink. Amounts may be rounded to whole doll.... from 05-31-94 For use by an officeholder. candidate. or committee making independent expenditures totaling S500 or more in. calenda, year to support or oppose a single candidate or a single measure. ThiS form must be filed at the same times and places as the campaign statements fil~ by the candidate supported or opposed or by II committee primarily formed to support or oppose the measure. A separate form must b@filedfor.i1chcandidateor measure being supported or opposed. This form is filed in addition to any other required cam~ign statements. th'ough 06-01-94 06-07-94 Filer Information NAME OF FILER CHULA VISTA POLICE OFFICERS ASSOCIATION POLITICAL ACTION COMMITTEE ,.. 1 of ~ For Official Use Only NAME OF TREASURER (IF RECIPIENT COMMITTEE) " Ilyana POWERS PERMANENT ADDRESS OF TREASURER (NO. AND STREET) 1.0. NUMBER (IF RECIPIENT COMMITTEE) PAC II 930270 49 THIRD AVENUE CITY (NO. AND STREET) '- ADDRESS OF COMMITTEE ~ 49 THIRD AVENUE \ CITY ~ CHULA VISTA ~ AREACODEIPHONE NUMBER (619) 476-5336 STATE ZIP CODE CHULA VISTA AREACODEIDAYTIME PHONE NUMBER CA 91910 (619) 476-5336 STATE ZIP CODE CA 91910 II Type of Committee (c/we. />oJt) III Name cifCandidate or Measure Supported or Opposed CHECK ONE NAME OF CANDIDATE OFFICE SOUGHT OR HELD SUPPORT """'" Is this a controlled committee? .... o VO. ONO SHIRLEY HORTON MAYOR XXX Is this a sponsored committee? IJI vO. ONO NAME OF BALLOT MEASURE BALLOT NOAETTER JURISDICTION w....., """'. IV Independent Expenditures Made Att.ch .dditional Information on .ppropriately I.bolodcontinu.tlonshoetJ. CUMULATIVE TO DATE I CALENDAR YEAR DATE NAME AND ADDRESS OF PAYEE DESCRIPTION OF EXPENDITURE AMOUNT (JAN. ,- DEe. 31) 5k~( I Reimbursement for J ANDREWS I AND COMPANY , 2159 India Street, Suite A newspaper advertisement in $2348.00 San Diegor Ca. 92101 Star News 515~V J ANDREWS AND COMPANY POA CRIME MAILER 2159 India streetr Suite A $5014.00 San Diegor Ca. 92101 , -~~ J ANDREWS AND COMPANY Absentee Mailer 6 ~/ 70 2159 India Street, Suite A $4484.00 $11,846.00 San Diego, Ca. 92101 fOIl. tNfOllMATION IUQUlIUD TO It P<<OVIDfD TO YOU PURSUANT TO THE INfORMATION PRACTI((\ ACT Of 1917. sn INF()Il,MATION MANUAL ON CAMPAIGN DISCLOSURE ,""OVIStONS Of THE POliTICAL NfOll.M ACT. . 1 Stat. of C.llforni. F.I, Political Pr.ctices Commission 0, ; Supplemental Independent Expenditure Report from SUPPLEMENTAL INDEPENDENT EXPENDITURE Report covers period 05-31-94 06-01-94 -', -,'.>., ' !" . , > < ~,> ,>, -; J. ~.... ~ 'Y~;~<,~~h~ ,~~>:.>~ , < -._.:~ ,,4'.,~, Type Of print In Ink. _mounts may be roundec..' to whole doll.... SEE INSTRUCTIONS ON REVERSE NAME OF FilER CHULA VISTA through P. 2 012 I.D. NUMBER (If .0"P'0"\ c....) 930270 POLICE OFFICERS ASSOCIATION POLITICAL ACTION COMMITTEE V Filing Officers Enter the official title and address of each filing officer with whom most recent campaign statements have been filed. 3) OFFICIAL TITLE OF FILING OFFICER TREASURER ILYANA POWERS ADDRESS (NO. AND STREET) 49 THIRD AVENUE 1) OFFICIAL TITLE OF FILING OFFICER PAC PRESIDENT BRYAN TREUL ADDRESS (NO. AND STREET) 49 THIRD AVENUE STATE ZIP CODE CITY STATE liP CODE CITY CHULA VISTA CA 91910 2) OFFICIAL TITLE OF FILING OFFICER PAC VICE PRESIDENT FRANK MAGOR ADDRESS (NO. AND STREET) 49 THIRD AVENUE CHULA VISTA CA 91910 4) OFFICIAL TITLE OF FILING OFFICER ADDRESS (NO. AND STREET) ~ \ ~ '" CITY STATE 21PCODE CHULA VISTA CA STATE ZIP COD.E 91910 CITY VI Summary . , 1. Total independentexpenditures made of$l()() or more this period. (Part IV.) ..! ?:~. .~'?~r. .r~P9.:r;!:.:i,~.q. ~:t::j.~)> > >.....,..... S 11,846 2. Total independent expenditures under S 1 00 made this period. (Not itemized.) ! 3. Total independentexpenditures (Add Lines 1 + 2.) ...................................................................... TOTAL VII Verification I have used all reasonable diligtnce in preparing this statement. I have reviewed the statement and to the best of my knowledge the information contained herein is true and complete. I certify under penalty of perjury under the laws of the State of Califo ia that the foregoing is true and correct. , I' hecutedon 06-01-94 At Chufa Vista, Ca. By . DATE CITY AND STAn ................................................... s -0- s11,846 ATUM OF COMMmn TfliEASUIUR.INDtVlDUAL, OR MSIONStIU OfFtCER An officeholder. candidate. or state measure proponent who controls a committee must also verify the campaign statement. I have used all reasonable diligence and to the best of my knowledge the treasurer has used all reasonable diligence in preparing this statement. I have reviewed the statement and to the best of my knowledge the information contained herein is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on At By DATE CITY AND STATE SIGNATURE Of OfFtCEHOlDER, CANDIOATE .~"'OPONlNT Executed on At By DATE CITY AND STATE SIGNATURE Of OfFlCEHOlDEll CANOtDATE . OfIipfl;OI'ONENT Executed on At By DATI CITY ANOSTATI SIGNATURE Of OfFtCEHOlDU, CANDtDATE . OA "'Of'ONENT late Independent Expenditure Report SEE INSTRUCTIONS ON REVERSE Type or Print in Ink Amounts may be rounded 10 whole dollars. Date Stamp ARiCE..V.B8y '94 .lit -1 P3:22 NAME OF FILER CHULA VISTA POLICE OFFICERS ASSOCIATION POLITICAL ACTION COMMITTEE ADDB.ESS 4~ THIRD AVENUE CHULA VISTA NO ANDSTREEtlTY OF ChULA VIST~ CA 91911n CLERK'S OFh~_ AREA (ODE/PHONE 1.0 NUMBER (if dPplicCtble) (619) 476-5331 930270 Late Independent Expenditures (LiSt OM Candidate or 8allot Measur(> Per Form) NAME OF CANOIDATE SUPPORTED OR OPPOSED: STATE ZIP CODE CITY NAME OF BALLOT MEASURE SUPPORTED OR OPPOSED: SHIRLEY HORTON OFfiCE SOUGHT OR HElDIDISTRICT NO Ma or Cit of Chula Vista Late Independent Expenditures Made Auach .dditiona' information on appropriately labeled continuation sheers DATE DESCRtPTlONOF EXPENDiTURE OPPOSE BAllOT NO /lETTER JURISDICTION SUPPORT OPPOSE "- ~ ~ - 5-31-94 Newspaper advertisement $ 2348.00 5-31-94 Campaign mailer ~ 5014.00 5-31-94 Campaign mailer $ 4484.00 $ $ S AMOUNT f 011 U~fOkMJl.1I0tl Itl (,\tllllll' 10 Ii! f'k{lJllIll' 10 ~Ol) "lIlt~UM'" 10 IItllN! OHt,l . lI()fj 1'11.1,( 110 ~ A( I Of 1':11) ~fl INfOkMAllON Mt..flluq ON (M,1PAILN OI~U O~IlRI PROVISION" 01 1111 POlllt(At RHOIIM A(l State of California Fair Politi<al Practices Commission. . -' ~ , Supplemental Independent Expenditure Report (Government Code Section 84203.5) SEE INSTRUCTIONS ON REVERSE Type or print in ink. Amounts may be rounded to whole dollars. Report (overs period SUPPLEMENTAL INDEPENDENT EXPENDITURE Date Stamp from 01-01-94 RECEIVED 'a.. 1 "j 2 For Official Use Only For use by an offICeholder. candidate, or committee making independent expenditures totaling S500 or more In a calendar year to support or oppose II single candidate or II single measure. ThiS form must be filed at the same times and places a5 the campaign statements filed by the candidate supported or opposed or by II committee primarily formed to support or oppose the measure. A separate form must be filed for each candidate or measure beIng supported or opposed. This form is filed in addition to any other required campaign statements. th.ough 05-27-94 Date of election lIapplkable: (Month, DIY. Ye..1 '94 MY 26 1111 :39 06-07-94 Cim OF CHULA VISTA Filer Information NAME OF FILER CHULA VISTA POLICE OFFICERS ASSOCIATION POLITICAL ACTION COMMITTEE \. NAME OF TREASURER (IF RECIPIENT COMMITTEE) Ilyana Powers PERMANENT ADDRESS OF TREASURER (NO. AND STREET) 1.0. NUMBER (IF RECIPIENT COMMITTEE) PAC' 930270 ADDRESS OF COMMITTE E 49 THIRD AVENUE CITY STATE ZIP CODE (NO. AND STREET) 49 THIRD AVENUE CITY ST ATE ZIP CODE CHULA VISTA CA AREACODEIDAYTIME PHONE NUMBER 91910 ~ ~ ~ ..... CHULA VISTA CA AREA CODEIPHONE NUMBER 91910 (619) 691-5221 1\ Type of Committee (check box) III Name of Candidate or Measure Supported or Opposed CHECK ONE NAME OF CANDIDATE OFFICE SOUGHT DR HELD SVPPOftT """.. Is this il controlled committee? .... DYe. ClINO SHIRLEY HORTON MAYOR XXX Is this il sponsored committee? gg Ye. DNO NAME OF BALLOT MEASURE BALLOT NOAETTER I JURISDICTION SV!tPOltT """.. ~ (619) 691-5221 IV Independent Expenditures Made Attach _lionl' info,mllion on Ipprop,ille/y ,.be,*dconlinuatlonrheets. CUMULATIVE TO DATE DATE NAME AND ADDRESS OF PAYEE DESCRIPTION OF EXPENDITURE AMOUNT ~LENDAR YEAR JAN. 1 - DEC. 31) Chula Vista Star News " 5-13-94 835 Third Ave Newspaper Advertisement $500.00 $500. . Chula Vista. Ca. 91910 J. Andrew and Company 5-24-94 2159 India st. fA Campaign Mailer $2747.00 San Diego. Ca. 92101 $2747. . fOR INF()tl.MATtON REQUIRED TO BE PROVIDED 10 YOU PURSUANT TO THE INFORMATION PRACTICES ACT Of 1977, SEE INFORMATION MANUAL ON CAMPAIGN DISClOSURE P"OVIStONS OF THE POllTlCAlNFORM ACT State of California fair political Practices Commission Supplemental Independent Expenditure Report Type or print in Ink. Amounts mar be rounded to whole dollars. SUPPLEMENTAL INDEPENDENT EXPENDITURE Report covers perlod 01-01-94 from SEE INSTRUCTIONS ON REVERSE NAME OF FILER 2 2 ,. of 1.0. NUMBER.(tt Redp.en1 Com.) CHULA VISTA POLICE OFFICERS ASSOC. POLITICAL ACTION COMMITTEE PAC 930270 V Filing Officers Enter the official title and address of each filing officer with whom most recent campaign statements have been filed. through 05-27-94 3) OFFICIAL TITLE OF FILING OFFICER I) OFFICIAL TITLE OF FILING OFFICER PAC PRESIDENT BRYAN TREUL (NO. AND STREEn 49 THIRD AVENUE TREASURER ADDRESS 49 THIRD AVENUE ILYANA POWERS (NO. AND STREET) ADDRESS ZIP CODE 91910 CITY CHULA VISTA 4) OFFICIAL TITLE OF FILING OFFICER CA STATE ZIP CODE 91910 ...... ~ ~ q CITY STATE CHULA VISTA CA Z) OFFICIAL TITLE OF FILING OFFICER PAC VICE PRESIDENT FRANK MAGOR ADDRESS (NO. AND STREEn 49 THIRD AVENUE CITY STATE ADDRESS (NO. AND STREEn CHULA VISTA CA ZIP CODE 91910 CITY STATE ZIP CODE VI Summary ,. Total independent expenditures made of $100 or more this period. (Part IV.) ..................................................... 3247.00 s 2. Total independentexpendituresunder$100 made this period. (Not itemized.) ................................................... S -0- 3. Total independentexpenditures(Add lines 1 + 2.) ...................................................................... TOTAL S 3247.00 VII Verification I have used all reasonable diligence in preparing this statement. I have reviewed the statement nd to the best of my knowledge the information contained herein is true and complete. I certify under penalty of perjury under the laws of the State Iforni that the foregoing is true and correct. , , Executed on 05-27-94 DATE M Chula Vista. California CITV AND STATE By SKiNATl.Ml:E Of COMMmu TRfASUNR.INOfVIOUAL. OR RfSPONSIIU OfFlCfIl I An officeholder. candidate. or state measure proponent who controls a committee must also verify the campaign statement. I have used all reasonable diligence and to the best of my knowledge the treasurer has used all reasonable diligence in preparing this statement. I have reviewed the statement and to the best of my knowledge the information contained herein is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ExHuted on AI By OAf( CITY AND STATE SKiNATURf Of OFfiCEHOlDER. CANDIDATE ,000PAOfON(NT executed on At By DATE CITY AND STATE SKiNAfUft( Of OffiCEHOlDER, CAHOfDAlE ,OAPROPOHfNT Executed on At By DATE CflY AND STATE SIGNATURE OF OfflCEHOlDEIl, CANOfDAn, Ofl PttOPONENT Independent Expenditure Committee and Major Donor Committee Campaign Statement (Government Code Sections 84200.84216.5) .' INDEPENDENT EXPENDITURE COMMITTEE AND MAJOR DONOR COMMITTEE STATEMENT , " .w ~ -0/1' - ~ " l~ l :;: l '...x-'. " Type Of print in ink. Date Stamp RECEIVED frOfn Statement coven period 01-01-94 SEE INSTRUCTIONS ON REVERSE through 05-27-94 06 07 94 Name/Address Of Filer NAME OF FilER (Include name(s) of all affiliated entities whose contributions are indudeG in this statement.) CHULA VISTA POLICE OFFICERS ASSOCIATION POLITICAL ACTION COMMITTEE PERMANENT ADDRESS (NO. AND STREET) 49 THIRD AVE CITY STATE liP CODE CHULA VISTA RESPONSIBLE OFFICER (If fiter is other than an individual) 91910 AREA CODEIOA YTIME PHONE CA Bryan Treul (619) 476-5336 II Nature/lnterests Of Filer (Complete each applicable section(s).) O A FilER THAT IS AN INDIVIDUAL MUST LIST THE NAME"ADDRESS AND BUSINESS INTERESTS OF EMPLOYER OR. IF SELF-EMPLOYED. THE NAME. ADuRESS. AND NATURE OF THE BUSINESS NAME OF EMPLOYERlBUSINESS BUSINESS INTERESTS ADDRESS OF EMPLOYERlBUSINESS o A FILER THAT ISA BUSINESS ENTITY MUST DESCRIBE THE BUSINESS ACTIVITY IN WHICH IT IS ENGAGED UiI A FILER THAT IS AN ASSOCIATION MUST PROVIDE A SPECIFIC DESCRIPTION OF ITS INTERESTS PUBLIC SAFETY, POLICE OFFICER BENEFITS o A FILER THAT IS NOT AN INDIVIDUAL. BUSINESS ENTITY. OR ASSOCIATION MUST DESCRIBE THE COMMON ECONOMIC INTEREST OF THE GROUP OR ENTITY "" 1 of 3 Date of election If app/kable: (Month. Day. Y.ar' '94 flAY 26 All. A Fot Official Us. Only ummary Y CLERK'S OFFICE (Amounts may be rounded to whole lars.) 1. Expenditures and contributions (including loans) madeof$1000r more this period (Part V) ........................ $ 3247.00 2. Expenditures and contributions (including loans) under $100 made this period (Not itemized) ....................... $ 3. Total expenditures and contributions 3247.00 made this period (Add lines 1 + 2) .... SUBTOTAL S -0- ~ ~ ~ ....... 4. Total expenditures and contributions made from prior statement (Enter line 5 of last statement filed. If this is the first statement for the calendar year, enter zero.) ....................... $ 5. Total expenditures and contributions (including loans) made to date (since January 1 of the current calendar year) (Add lines 3 + 4) ....................... o TOTAL S :1247.00 6. loans forgiven and loan guarantees made this period (Enter sum of Part VI, Col umns (a) and (b)) ............................ $ IV Veri ication -0- " I have used all reasonable diligence in preparing this statement. I have reviewed the statement and to the best of my knowledge the information contained herein is true and complete. I certify under penalty of perjt.ory under the laws of the State of California that the foregoing is true and correct. 05-27-94 DATE At CHULA VISTA, CA. CITY AND STATE By SIG AI INDIVIDUAL DONOR OR RESPONSIBLE OFFICER IF OTHER THAN AN INDIVIDUAL fOR INFORMATION REQUIRED TO If PROVIDED TO YOU PURSUANT TO THE INfORMATtON PRACTICES ACT Of 1971. SEE INfORMATION MANUAL ON CAMPAIGN DISCLOSURE PROVISIONS Of THE POllTtCAl REfORM ACT Stat. of C.lifornla Fair PoIltkll Practices Commission , In'dependent Expenditure Committee and Major Donor Committee Campaign Statement Type or print In Ink. Amounts ml)' be rounded to whole dollars. INDEPENDENT EXPENDITURE COMMITTEE AND MAJOR DONOR COMMITTEE STATEMENT from 01-01-94 Statlment cover, period SEE INSTRUCTIONS ON REVERSE NAME OF FILER throuvh 05-27-94 ,". 3 of 3 CHULA VISTA POLICE OFFICERS ASSOC. POLITICAL ACTION COMMITTEE VI Loans Forgiven and Loans Guaranteed (If more space is needed. use additional copies of this page forcontinuation sheets.) NAME AND ADDRESS OF OFFICEHOLDER, CANDIDATE OR COMMITTEE OFFICE SOUGHT OR HELD AMOUNT OF LOANS AMOUNT OF LOANS DATE (If COMMITTEE. ENTU THE 1.0. NUMIEfl.OA. tf NO 1.0. NUMIU HAS BUN ASSIGNED, OR BALLOT NO./LETTER FORGIVEN THIS PERtOD GUARANTEED ENTEIl. THE TlUASUMIl.'S NAME AND ADOMSS) AND JURISDICTION THIS PERIOD CUMULATIVE AMOUNTSTO DATE CALENDAR YEAR NONE OTHER CALENDAR YEAR ...... "' ~ OTHER CALENDAR YEAR OTHER (Enter the total of Columns (a) and (b) on Line 6. Part III. Summary) SUBTOTALS S I S -0- VII Loan Payments Received (If more space is needed. use additional copies of this page for continuation shets.) NAME A"tlD ADDRESS OF DEBTOR NAME AND ADDRESS OF PERSON WHO REPAiD THE LOAN AMOUNT REPAID UNPAiD (If THE LOAN WAS MADE TOA COMMmu:. LIST THI COMMlnu's NAME. ADDftESS AND 1.0. (If DiffERENT THAN OfITOR) THIS PERIOD BALANCE HUMlfllt If NO to. NUMIER HAS IffN ASSKiNED. LIST THE TREASUM"'S NAME AND ADORUS) I. NONE Semi-Annual Statement of No Activity For use by recipient oommitl<CS, CJlcepl conuolled commiuecs, that have nol received ..y allIlributions IIId have not made any expenditures during the six-month period covered by . semi-annual SlalemenL CommlllHS cOIIlroIlrd by .n olrlCtholdn or calldldale ".y not use t.1s r_. NOTE: Jr the eommillee had, at any time during the year, any OlJlSlanding loans made or received, this fonn IIIlIY ..... he used for the semi-annual statement on which the <<Annual Report or OulSlanding Loans" must be complered. I Recipient CO__U_ Information CHU~StA pQ.l - OfFICSZ~ AS50: 1."_" tx-I L 0;1 C/)mmlTT Q30110 (NO. AND SIREn) p.o. cO)( <6' 41S OTY STAlE ~uLA Vl5rA eA AREA CODE,fIHON( M.&tBER I (G,(q) 5zQ-IQQ3 lIP COIl( qlC(IL STATI!MI!NT OF NO ACTlVrrv Ywoe..-....... Dolo 5Im'4> . CALlIOK~I^ 425 \991 FORM RECEIVED A Fa 0_ Use Only '94 JAN 11 P3:5 CITY OF CHUl A vi;; CITY CLERK'S OFFIC IIAIII OF TllEAI.... l3i2.'i A N /IZalL PfINMf.NT ADOJI:SS OF tAEASlHA CNO. AHDS1AEEl) '27 v, LirA. A\!f.. . CITY STATE ~UlA \)ISlA I c.A AREA~Y11ME AiONE......R (~l9 )L\10-5301 lIP COIl( q(flo '" '" \ ~ "'" II Period 01 No Activity No contrlbullons haw been received and no expendilures have been made during the period covering the dales below: Check one 01 the Iollowlnll boxes and complete the yeer. o January 1, through June 30, 19 0' July 1, through December 31,19 ~ II V.rlflcatlon 1 have used all JellSOII8lJIe diligence in preparing this SIalemenL 1 have reviewed the statement and 10 the best or my knowledge the infonnation COIII8incd herein is true and compleJe. I ceIlify under penalty or perjury under the laws or the Stale of California that the foregoing is true and correcL Exoculedon I -10 -q4 DAlE ~~uLA VISi"A, eA ON AND SIAIE By l:5t -S2.- SlGNAIUAE Of TREAStRR FOR ItEClRMA.TIOt4 ~TO BE PAOVIOED TO YOUPlRSt..Wfl TO nE ~TION PRACTlCESM:.T OF 1917, SEE ItEORUATlnN UANlW ONr.A.UP&K1N I'lN":I rAmi: ~nF nF POtIT~ ~RlAU M':.1 SIIlI..1 C_III__ F."'I"" _1_ C__ ...... "" \ \..J ".l Semi-Annual Statement of No Activity STA1llMllNT OF NO ACTIVITY CALlIOK~'j,\ 4 5 1991 FORM '-.......... .... Dolo so..., RECEIVED '93 .lL 11 P3:52 OF ChUI r"., IS it ~~\ CllRK'S OfFICi A Fu OlliclalUso 0r0y For use by recipienl commilleeS, Utepl conuolled commiuces,lhal have IIllI received any conlributions IIICI have IIllI made any expenditures during the six-month period coveted by a semi-_uaIswemenL Commltlees controlled bl a. ofl'"lCthokltr or calldldatt maIllOt .. till, lor.. NOTE: If the commitlCC had, . any lime during the year, any OUlSlanding loans made or received, this form may not be used for the semi-annual Slatemenl 00 which the "Annual Report 01 OulSlanding Loans" musI be complrled. I Recipient Comml.... Information e:rL7LA'~;~ Pcx-ICG: oFF/CeeS -rrSS:>C-, .....-... . n1CAL 0r/ON CiDmfh/1TEE. 30'2-10 ..... OF 'I'IlIEA."". i3K>i F\~ -nZEU L ADDRESSOFcoauTTEE: CHO. AND SiREn. PEfNAHENT AOOAESS Of lAEASlHR fNO. AAOS1AEEl) ? o. od/- <643 aT\' fdULA Vi$f-A AREACOOE.AtONE Nl&IBER (ViIQ) 4'JJo-5lrE7 7-7~ LlTB AV'ENUE.. aN cAu l-A -JISlA AREA ~YTIMf PHONE Nl.JMB(A STATE lIP 00Ilf ST'" lIP 00Ilf 0A q,q/L qlftlQ ~.4 (GllJ Lnlo - 5301 II Period 01 No AcUvlty No contributions have been received and no expenditures have been made during lhe period covering the dales below: Check one 01 the IoIIowlng boxes end complete the year. g January 1,Ihrough June 30,19 q3 o July 1,Ihrough December 31,19 .. V.rlflcatlon I have used an IaSOIlIbIe diligence in preparing this SlalcmenL I have reviewed the SIaIeme1lland 10 the best of my knowledge the information COIIIained herein is bUC and allIIpIeIc. I certify under penally of perjury under the laws of the Slate of California that the foregoing is true and correcL --=- ~/ t.Y-- SGNAflH OF '.ASl.IIEA Execuled on 01/1 4/ q 3 , DATE AI C4ALA VISTA CA By DIY AND SlAtE FOR ItFOfIMAlION fEOlHO TO BE PROYIlID TO YOU JU9JANT TO THE '*Cft.IATIJN PRAC11CESN:.T OF 1971, SEE Nl'v..MTInN UANIAI (Wt".A.UD&1GN ~nq!AI: ~~ 1H= POl nr..AI ~~ ItC.T ..... .. CeIIfenII8 F_ P 1 Ilk.. PNctlc.. C.-l- '1.... Statement 0' Organization Recipient Committee (c. 'CMo_14101-14IOJ) 530270 T... .. _In I". '" ..,-..cllONlC>>t IlPEAK 1<. .37 ~ FlIo ........1IH _ ..., 01II1II form wllh: s.a-y 01 Stale PoIiIicaI aa- Divilion P.o. 80. .461 SIa_,CA931\2-.461 I Co........... ....nnaUon "Qf~..: And,lf "'pIk......IUt.... cop, of Ihls ror.. wit,,: The cily or COUIIIJ orrleor, if MY, who rcccivea IbD commiurc'. ori.inal cunpaian disc:Iooure_ CBULA VISTA POLICE OFFICERS ASSOCIATION POLITICAL ACTION COMMITTEE -,.",.n ~)HO_AHDIiT~n 395 H st. SUITE D Cf/Y SAN DIEGO . A ZPOODE CBULA VISTA .......___ IE ~nHO- AN) STfEEl OR P.O BOK CA 91910 PO BOX 848 Cf/Y CBULA VISTA ITAtE ZPCODE NEACODE.fIHONE ~ CA 91912 (619) 426-5657 -_5';:;' STAHiMI'NTOHIIHiAN';:A;r;ON ......,4. ......n....nl o Uac,*- bu, if an Amc.n&J.ucul .... eAlc,J.D. DUIRbcr: (\,li{,(\J\ 410 1', 'I r (}I<\I ~ \\ ~ ..... lJ..du:J.ldlllP RECEIVED AND FILED In ,he 0If1ce of ,... Secr.,al\' 01 SlO of the State of California MARO 31993 A fOf (NIK~ U... Qqy I Dal. ...-. .. CemnIIU... (WwIlh.Day, Y Uf) RECEIVED ARCH FONG EU. Sectelalyot 02-10-93 '93 MY 20 All' 3 OleA boa it not )'eI ..aliIicd II T.......r III1d O....r PrIne.,.1 OHlcer. tMUE Of 1AEA8I.HR: Bryan Treu1 WAl.NJ AOORES8: IIF DfiE,*NT ~HAH CCUMnfE '8. 276 4th Avenue tiN IiIAIE IIPCOOE ---~AiiAcOOiJllAy'jlW-pt~-- ~\H-8f- CHUII\ Vi:; j A LERK'S OFFICE Chu1a Vista CA NAWE AHDfIOSfIlONtF OntERfRlHCPAl OffCEttS. 91910 (619) 476-5301 Frank Maqor(VP>/I~~~na Powers-Board Member MAllIG AOORESS Cf' OIffEREHl nw. COMt.Urn( '5) 276 4th Avenue tllY STAlE llPCCOE ~C~YlMPtIONE Chu1a Vista CA 91910 (619)691-5151 Alloc.lJddilioll4l il{ormtJ'ion on appropriately labtled con,inua/ion ,lItt". . CoaIrtlIIeII C.....lt.. II"" cOlIl-'--rCG8lrolled by III offICeholder, candidlle, or _ measure propoocnI? (Stt tkJini'ion and impor/anr il{ormtJtion on rtvt"t.) o V.(C-,ldellltfallowla.> %I No . If IIIis .....-., is cOlllloUtd hy III officeholder or . CIIIdidaIe,lisllhe ......e of Ihe COllUoIlin. officeholder or cllldido/e, ahe tleclive offICe SOUlbl or held, and disuicl ........, iiia'!. If Ibis commiuee is COIIuoUed by more Ihaa 0lIe candidaIe, lilt .... _ of eacII conuolli"l candido/e. . If.... "--'In isCOIIUolJed by. SIaIe measure propoIlCIlI,lisI ahe name ol.... _ measure proponent. If Ibis cOIIlmiuee is conuollcd by more ilia. one slale measure proponeaI, IiItIlle _ ol each SIIIC measure propooeat. . If lIIis COIlI.u.ee leIS joiDIIy wilb IUIOIher cOIluolled commiuee, list ahe name and idenliflC.llion number of ahe other conuollcd commiuee. You IIl.lSl CO~81he Ver~icalion on Page 2. Allm~h mL.Jilional inJOrtlldlion 011 "pproprialely lubeJed funt;/luution sheeH. fOR NORNATKlN REOUHO TO BE F'ROVIO{O TO YWPlJRSUAUI TO TIlE NDAMATION PAACllCES ACT Of 1911 SlE Iut-UBMAIIUUMANU& UHC8Ml'AIGlI ut.illU::iUhtt'liU'I'I5IQU5.Uf lUf.P:!JiJllCAlBUUfUdACI Saaa. 01 C.lllilornla F.I.. PoUllc:.1 Pracllc::.. Com..\I..lo..... Statement of Organization Recipient Committee TWp...PMlInI..... STATEMENT OF ORGANIZA"-,- IN ... "'1_1'-001__ 1lI11,d addilional info,_'ion on approprwlely hWtl,d conl;"...won ,he,lS, ..- C6 CClIMnH, CHULA VISTA POLICE OFFICERS ASSOCIATION POLITICAL ACTION COMMITTEE IV .roM ....11 e._lIltl.. IS" d,jinilion and impo,1DIII ilflo'ftUion on re..,se) If Ihis .alll1*l baled commillee and wishes 10 make conlrilJulioRs 10 candidales ill esteal of dle $2,SOO ronllibuuoo limit in coonec.ion wilh 1 special elecuon, check lb. bos below..... _1Ile dale 011 or before which Ihc ronuoiuee quaJjf.... u a broad baled c:omllliUcC.11/ /Joe commi"ee i, nol a b,oad based commi"ee, 0' do.. nOl wish 10 "",it co/llr;,."lioItIiII """ of IIIe $2,500 limil, do nol compl.,. l/Iis ..clioll,) o ClItd Ha"'" II a ..r..... 1IaM.. committee. Enler ... ale .. ...Won wblcllllle c.....1ee qUIUIIed u 1 broad blsed comllliU..,: 1'1..110, 0." r'_J__ __ 5..-..... Cf'1ln tltl.. II d1iu SJIOlIsored c:ommillee? n Ya 0 He ISee illSl,uctions 011 ,...,se for dejinilionJ and ,ul.. rega,ding a JponJored commillU' J name.) If yes, = _1IId address of sponsor,11 Ihc c:ommiUCC.... _!ban one sponsor, povidc names Ind addresses 01\ Ipproprialely labeled llIaChmem. _Of CHULA VISTA POLICE OFFICERS ASSOCIATION ADDRESIa:SflONI(R NIlANDIJREE' CITY SIAlE IIPC()()( 395 H st. Suite D CHULA VISTA CA 91910 V I PrIMa'" .-... COlnllllt.. II primarily IIlmed 10 suppon or oppose specifu: clllldidales or measures,lisl specifIC candidale' or mcaswcs below: CANJIDO.lE'S OffICE SOUGHf OR fIOLO OR MEASURE'S .uTISOICTION CfIOCK ONE CANlmATFI_llII_'S Rll TIllE IINCLWE BAllOT NO. 011 LETTfR) (INCLWE IllSIRlCT NO., CITY OR COLffiY. AS APPlICABlE) J: I -~ '0 II ConMnllte.'. PrIan&.v AcUv1l,11 Not Prlmarl', For_II .1 IlOl suJlllOllin& or opposinl specific candidates or measwes, see inslluClions on reverse and check ONEbouoiadicalcildlisisa; Xl CITy_II.... 0 COUHTYC....lIlll.... O.TAT.e._II.. ~ IRIFUE-..nrtUlCIFN:;JMJY \ SUPPORT CANDIDATES FOR ELECTIVE OFFICE WHOSE VIEWS ARE CONSISTENT WITH THOSE OF THE SPONSORING ASSOCIATION. ~.Di.poalllen lit 1urpIu. Fund. You mUSllpCCily what disposilioo will be made of surplus lunds in dle event or lermiualilMl. PAID TO A RECOGNIZED CHARITY ORGANIZATION ;1 V.....alilNl I have used aU rf.......- dilileocc in preparinl lIIis Sllllemenl and 10 dle bell of my knowledle dle inrormalion colllailled herein is Ifue alld comple.e. I ceoily under penal.y or =:.,::Ier ~ ~~ q ~Ic 01 Clliro~em:t(~: Aelo~~~sA (AorrecL By (3 Y c~_ arr:islAlf J -SUNAIUtlEOt=iulAslitlUi ---------------------____ _ ___ ExeCUled on DAlE AI OfY AHO SlATE By SKiNAlOOf Of CONTROl. IiNGOfFlCEiO 1'ii-Il'eA.N(:MOAIE, offsi"TE WASlJUf Pll~NfNT.~ Execuled on DAlE AI cnv AN) SIAU By SlGNAIURE Of cotiHIDiIINGoH1cfll6i 1)( Ii e::Mjj)jbAIE.C>ii SIAIFMrASUlifT'IIDiUNfNr--- E )'8culed on ()AIr AI__~______ ___~ By_ CIIYW)SIAIE SlGNAltIlIl 01 CotUllllllltlGOlIIClIIOllllU CArllllllAII O/l~i"dl MIAS-lJllfl1l0l0tnm - i!> .'<1 -' Late Independent Expenditure Report LATE INDEPENDENT EXPENDITURE REPORT Type or print in ink. Amounts may be rounded to whole dollirs. Date Stamp , 'hO - ''-' .:..." " ' ~~,( ',"""d} ''','/J sJ.', ~,~"'l." ,,\., ~ <..,~ /,'1, ...~,~ >' " ,,,.. ~> /" RECEIVED for Official Use Only. SEE INSTRUCTIONS ON REVERSE NAME OF FILER ADDRESS .,. .... -2 P 3 :32 iY OF C~~N~~"T D. ~,Ct6R";S SFFICE STATE CA ZIP CODE 92126 Organizing Public Awareness Coalition - PAC AREA CODE/DA YTIME PHONE NUMBER 1.0. NUMBER (if .pplicoble) (619) 621-2660 931028 Late Independent Expenditures (LlstOneC.ndIdOleorB./loIM..,urePerForm) NAME DF CANDIDATE SUPPORTED OR OPPOSED Penny Allen OFFICE SOUGHT OR HELDIOISTRICT NO, Mayor - Chula Vista 8595 Miralan i CITY San Diego, NAME OF BALLOT MEASURE SUPPORTED OR OPPOSED SUPPORT OPPOSE X BALLOT NO.lLETTER IJURISDICTlON SUPPORT OPPOSE " Late Independent Expenditu res Made Anoch .ddition.1 inform.lion on .ppropriOlely I.beledcontinu.tion ,hee", DATE DESCRIPTION OF EXPENDITURE AMOUNT June I,' 1994 Colby Poster and Printing Company $2,165,00 printing, posting and removal of posters . . ~ ,.\ ~ ..... )1\ IHfOI\MATlON IUQUUI,fQTQ If PROVIDED TO YOU PURSUANT TO THE INfORMATION PRACTICES ACT Of 1171, ~u INfORMATION MANUAL ON CAM'AIGN DISCtOSURE PROVISIONS Of TIlf PQlITlCAllUfORM AO. State of C.lifornl. fait Politi(aI PriCtices Commission , ~. . . f RECEIVED MTI J RR/ROOS a COMPANY pounc.u. UPOR11NG co~ . rr 111 .16 ~ovember 26, 1990 CITY OF CHUlA VISTA trrY ClERK'S OFFICE City Clerk of Chula Vista 276 Fourth Avenue Chula Vista, California 92010 LATE CO~ITRI13:JTION REPO~T Filer: Citizens for a Strong Chula Vista 1200 Third Avenue, #700 San Diego, CA 92101 I.D. 11903194 Independent Sx?endi ture to:.. 1 . Len !.1oore Chula Vista City Council Date: 11/2/90 Amount: $3,046.&3 Purpose: Mailer Signed: Chris Miller, Treasurer please forgive the lateness of this Late Contribution Report as a check was made payable to the printer and the filing of the late contribution was inadvertently not remitted. 1200 Third Avenue, Suite 700, San Diego, California 92101 (619) 239.~1 1919 Pennsylvania Avenue NW, Suite 300, Washington, DC 20006 (202) 293-2410 11/"''/1 .,,/ .' @ F"E ANOR'GINAl AND ONE AND. IF APPLlCAllE. FilE ONE 1.,'/ .',-' '~ ::::.::. :':t:~.RM WITH ~::,:~~~~::R:,:'::,CO'. ",n, j PolI'I,.1 Reform O,v,"on with _'horn th. com""i11.. must hie Its , 0 loa '.67 OFIQlnal 'I"'Plllin Ch"IOIl,l" ." SacrAmentO, CA 'Slll."'7 stat'mlnts Form 410 STATEMENT OF ORGANIZATION (RECIPIENT COMMITTEE) ',90 On?, 9' / I lIAYN'5;./ T CGovtr"""ntCode hctlOn...'O'''''O]} f~ER ~D ,lU't.:IER , (Type Of 'rlnt In Ink) FULL NAME 0' COMMlnEE. Citizens for a Stron Chula Vista STREET ADDRESS OF COMMlnEE. "" ..... ".." an ~",O~l . . 120u Th1rd Avenue. #700 San D1eQO MAILING ADDRESS (IF OIFFERENT); fICl AIllO ,'.n COlt'C lOa) PAT( ..c_ CA 92101 0" 11A" DATE QUALIFIED AS COMMlnEE '''''.00'. ..., Not Yet Qualified __A A FOIl OFFICIAl. USE ONl Y .UlUCOOl (619) 239-3061 I TIlEASURlR AND OTHER P1UNO'AL OFFICERS RECEIVED AND fiLED........ ........ of.. s.....,....... of..... _ 01 c:.a. .J.. OCT 3118) FONG EU. Secrelaty 01 S ( COUNTY : San Dieqo ..c_ FOR OFFICIAL USE ONl Y POSITION NAME MAILING Al)I)IlESS.1f DIFFERENT THAN AIOYI rolEA DAYTIME ODE) PHONE NO TIlEASURER Chris Hiller (6l9) 239-306 . AR.';' .oaniOlVI m'MmatlOn on appropnat.'" I.t>>~ conr,nlJ.rJQn .....u. 1 II IS THIS COMMITTEE CONTROLLED IY A CANDIDA n. OFFICEHOLDER OR STAn MEASURl PROPONENTl (See d.finitlon.nd imporUnt inform.tlon on r.verse.) o YES (Compl.t. the following) ID NO . If THIS COMMITTEE IS CONTROLLED IV AN OFFICEHOLDER OR A CANDIDA n. THE NAME OF THE CONTROWNG CANDIDATE OR OFFICEHOLDER. THE ELECTIVE OFFICE SOuGHT OR HELD AND DISTRICT NUMIER.IF ANY. MUST IE LISTED . . If THIS IS A IALLOT MEASURE COMMlmE CONTRDLLlD IY MORE THAN ONE CANDIDATE. THE NAME OF EACH CONTROLLING CANDIDATE MUST IE LISTED . IF THIS CDMMmEE IS CONTROLLED IY A STATE MEASURE PROPONENT. THE NAME OF THE STATE MEASURE PROPONENT MUSTlE LISTED . If THIS COMMlnEE ACTS JOINTLY WITH ANOTHER CONTROLLlD COMMlnEE. YOU MUST U5T THE NAME AND IDENTIFICATION NUMIER OF THE OTHER CONTROLLED COMM,nn 'f III IF THIS IS A IROAD lASED COMMITTEE (see d.finition .nd imporant inform.tion on r....rw). AND YOU WISH TO MAKE CONTRlIUll0NS TO CANDlDAnS IN EXQSS OF THE 52.510 CONTRlIUll0N UMIT, YOU MUST OlECK THE lOX IELOW AND ENTlR THE DAn ON OR IEFORE WHIOl THE COMMITTEE OUAURED AS A IROAD lASED POUllCAL COMMITTEE. YOU MUST COMPLETE THIS SEC110N IEFORE MAKING CONTttlUll0NS OVER THE S2.5OO UMIT. (If tM committee is not . bro.cl tNtMCI committee, ~ does i'iiiIWiifl to fMke contributions in ..ceu of the 52.SOD limIt, do not complet. thiuection.) o THIS COMMITTEE IS A IROAD lASED POUTICAL COMMtmE. TIll COMMITTlE QuAUFtED AS A lllOAD lASED POuTICAL COMMITTEE ON OR IE FORE . (...onth) (oJI~) lleor) An.cII__'ifttonn.rion on __te~ ,.".l<<Icont......rion_a. YOU MUST COMPLETE THE \'EIURCA~ON ON 'AGE Z - .1. It{~r;'" For ~fom,..CiOft = ro ... 1M...." to ,.., ~ 10 IN ...~..__.... ,......, Aft 01 1177. .. ..f'larwytiaft "'ttaMl all c......1CIft D1uhM...,.. ":"'~..:J'. 'hlonriArr- . . :, -- NAME OF COMMlnEE Citizens for a St~onq Chula Vista IV IS THIS A SPONSORED COMMlmE? (Refer to the instructions on the reverse side for definitIons and rules regarding the name of a sponoored committee.) ua NO o YES (Provide n.me.nd IcldrlSS of 5J)Onsor. If the committH his more th.n one 5J)Onsor, provide the n.me .nd .usrlSs of IIch 5J)Onsor on an appropri.tely laMl1d .ttachmtnt.) Name olSponsor: AddrlSs of Sponsor: V IF PlUMARlL Y FORMED TO SUPPORT OR OPPOSE SPEOFlC CANDIDATES OR MEASURES, UST SPEOFIC CANDIDATES OR MEASURES SUPPORTED OR OPPOSED, CANDIDATE'S NAMEIMEASURE'S FULL TITLE SUPPORT OPPOSE OfFICE SOuGHT OR HELO" CANDIDATE OR MEASURE'S INCLUDING 'ALLOT NUM'E R OR LETTER IURISDICTION (Include dtltna number. CIty or county. as appltt:lble ) Len !.loore X Chula Vista Citv Council Attllch IIdc!lt,onllllMformlllion on "pprDp""lt/y IIIbeled conlinUlllion ShHU. VI COMMlmE'S PRINOPAL AcnVlTY IF NOT SUPPORnNG OR OPPOSING SPEOFfC CANDIDATES OR MEASURES - PLEASE CHECK 'OX TO INDICATE THE COMMITTEn LEVEL OF ACTIVIT' 0 CITY 0 COUNTY 0 STATE N/A Attllch IIddilionlll informllr.on on IIppropriltfiy 'libeled conrinullrion shHrs. VII YOU MUST SPEOFY WKA T DlSPOSlnON WILL IE MADE OF SUIlPLUS FUNDS IN THE EVENT OF TERMINA nON, Surplus funds, if any, will be disposed of with the then aODroryriate and applicable laws, VEllIFlCA nON I HAVE USlD AU UA'OIIAILE _lICE . _P_ T1lIS STAnMlllT, I HAVE _0 TIlE STAnlftllT oUIIl TO TIll liST Of In UIOWUDGE THI .FOUIA TlOJl COIIT 1..10 MIU.. 'nUE AMlI cowun. IQIl11fY _a"lIALn Of.~ UIIDIaTNI LAWS Of TIll STAn Of "'I ~_.'nU1 oUIIlcoauCT, EXICUTlDON 10/3l/9lJ Ai San nieco. CA ,. "-- t1'::::?f:i!~ .....R) . "'" MID iraTI) ", ......,.. Of ........IQ EXEcunD ON AT ,. CDATl) eDT'f&IIIDSlATI) EXECUTED ON AT ,. ....". lOT' AIlr 'Ulll EXECUTED ON AT ,. ....,,, lOfT MlDI1'A'll ....'uM cw: CQllfTllClu.M ~n. QHtCIMOI.GIa QlllT...n............ ~JIIn .....". QII ~ CAtilDlDATI. Qf'ClttOLDIa 01 IT.:n .....IUM NQlJOJrtl..n .....'* Of COIITJQu.M (,UDDA,lf. OHCIl4OLDIl OIl STAn....~ ~"n - 2. /II" 'I J .~i California Fair Political Practices Commission R~r::::'\!mr;':"\/~'") Chris Miller Miller/Roos and Company 1200 Third Avenue, suite 700 San Diego, CA 92101 '91 Jt 32'91', 9~.t$ -1 July 3, 1991 CITY CC :". CITY C"': '. CITY .. <, 'tin c:> . ^:l '<;5 1\.... 'J Dear Mr. Miller: We have received your request on behalf of citizens for a Strong Chula vista, for Commission authorization to use a computer generated format for campaign statement Form 420, Summary Page and Schedules A, C, E and G. Your proposed format is APPROVED. In order to provide verification to your filing officers, a copy of this letter should be attached to every campaign statement filed by the committee. Commission authorization for use of a computer generated format for campaign statement pages is limited by the following: Only the computer format in the sample schedule(s) submitted are authorized for use by your cOMfuittee. If you wish to use a computer generated format 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 detailed accounts and to verify and sign campaign statements. An annua) review of your computer program should be conducted to ensure that all changes to the Political Reform Act and COl1udssion regulations are incorporated. If you have any questions please call me at (916) 322-5662. Sincerely, ~1~ 7J(. ~~ Kim M. Taylor v Staff Services Analyst Te~hnical Assistance & Analysis Division 428 J Street, Suite 800 . P.O. Box 807 . Sacramento CA 95804..0807 II{" '1'1 . (916)322-5660 " ~."''- V' STATEMENT OF TERMINATION ThIS form must be completed by c.ndidate~, officeholderi or recipIent commltteei that Wllh to termInate pur~u.nt to Government Code Section 84214. (Tr~ Of ~inr"''''''' Form 415 1990 I RECIPIENT COMMITTEE TERMINATION A lOA Qth(LAt uw 0ltIl 'f COMMITTEES FlU OIlIGINAI. AND ONE COpy OF THIS FORM WITH THE SECRETARY Of STATE AND. If APPLlC....U. A COpy WITH THE lOCAL flll"Ci OFFICE (11' "AU " COOl 92101 NAME OF COMMITTEE: Citizens for a Stron Chu1a ADORESS OF COMMITTEE: 110 _"..., 1200 Third Avenue, Suite 700 NAME Of TREASURER: Chris Miller PERMANENT ADOIlESS OF TREASURER 110 _ "..., 1200 Third Avenue Suite 700 EffECTIVE DATE OF TERMINATIO..: t San Dieqo CA (619) 239-3061 eu, "AU " COOt ANA COOtJOAy '''ll'ttOlft JiIUIIIIIIa San D' VERI FICA TION I HAYE USED ALL IEASONAIU DLlGENCE IN PlEPAIllNCi THIS STATEMENT. THIS COMMlTTU HAS CEASED TO REO/VE CONTRIIUTIONS AND MAUEXPENDlTUIES, OOES NOT ANTIOPA TE RlOIYING CONTIIIIunONS OR REPA YMENTS Of OUTSTANDING lOANS MADE TO OTHERS OR ANY OTHER REO.rs OIl MA"ING EXPENDITURES IN THE FUTURE, HAS EI.MlIIINATED OR HAS DlClARED THAT IT HAS NO INTENTION OR AI/UT\' TO DISCHARGE AU DlITS. lOANS RECEIVED AND OTHER OllIGATIONS. HAS NO SUIlPLUS fUNDS, AND HAS FIlID AU CAMPAIGN STATEMENTS IEQU.ED IY THE POUTlCAl REFORM ACT DlSCl.OSING AU RlPORTAIU TlAN~ACTIONS. IOlnn UNDER PINAL T\' OF PlIUURY UNDER THE LAWS OF THE STATE Of CAUfOlUlIA TH EXECUTED ON 7/31/91 AT San Dieno. rA Iy ClAnl ttl'YMIOSlAIf1 EXECUTED ON AT Iy ....TlI tcnAlllDn"'ll EXECUTED ON AT IY CATII ton..,.gsu.m EXECUTED ON AT IY ~,~ Of co.'G"..c,(MDC)An,Of'QI'Q.Df.. DAllAl( ..u~ ~"ll ~,~ Of ca.mW:k."INGCAIlIDIDAI(. OffClMO.DIAQlSl.n MtAkM( No"o.U"1 .,.,nl tan AllDI'''TlI Cll(illAIUM Of COlllnGu~t.UlDlDAn.Off1ClttClllDl.OIS1.Tt MIA.... IIIIOl'OIIIlIfn I CANDIDATE/OFFICEHOLDER TERMINATION I CANDIDATES ANDOFFIClHOlDERS FIll AN ORIGINAl Of THIS FORM WITH THE FiliNG OFFICER WITH WHOM THEY FilE THE ORIGINAlS OF THEIR CAMPAIG' STATEMENTS. NAME OF CANDIDATE OR OFFICEHOlDE R: OFFICE SOUGHT OR HELD -."'" ''''''To"" MlDD61W1__a"oUfIIlUCAkll IIlSIDlNTIAI. OR IUSINISS ADOIlISS. lID .u.o ".(1 Co" 11AU " COOl ... rOOt.-...oNl.......tltll. EFFECTIVE DATE OF TERMINATION: VERIFICATION I NAYI USID AU IlASONAaI IlIUGIIICE . Nl,AIIIIG THIS STATEMENT. INAYI aASlD TO UOM ~S AND MAKE IllHIIDITUUS; DO IIOT AlllTlClPAn ua_ COII~S OII1lPAY_NTS Df OUTST~ LOAIIS MAGI TO OTHW 01 ANY OTHER UCU'TS 01 -~ LVlNDlTUIIlS IN Till PUTUU; NAYI --..TlD OIIlAYE DEa.AUD TllAT lNAVI 110 MENTION 011 A.llllY TO OOSOIAIlGI AU DEITS. LOAIIS UOMD - DYNEI ClII.I&ATIOIIS; NAYI NO su.PLUS _; _IlAVI PILID AU CAllPAIGII STATEMENTS UQUalID IY TIll POuTlCAL UfOIlM ACT "'5CI 01." AU .POllT.....1 TlAllSACTIOIIS. IOIlT1fY UNDEI PlIlAI.TY Df PlIUUIlY UllDlI YNE LAWS Df YNESTATE Of CAl.JfOlUlIA TIlAT THE FOIlGOlNGIli TMIE ANDCOIUlECT, EXECUTED ON AT IY .....'UIt ':W ~lIoa OUUHClLDlIU tDA'lI tcI'YAIilID".U) NOTE: ADDITIONAl FILING OlllGATIONS WILL IE INCURRED IF A CANDIDATE 011 COMMITTEE ....INS ....ISING OR SPENDING FUNDS OR lIlalV~S THE FOItGIVENESS Of A LOAN 011 UPAYMENTS Of lOANS MADE TO OTHE~ OIl ANY OTHEII UOIPTS FOIt _OIlIoAJlTION IIEOUIfIED TO IE PROVIDED TO rou PlJIrSUANT TO THE ""'OR"': ~ PlIIlCTIClS ACT Df "n, SEE ""'0IIMI0 TION MANUAL ON ~AIGN DlSCLOSUIIE PlIO\IIS/ONS DfTHE POLmCU IIEFORM ACT / '/'" 1/.> ; '" ~. -..- . . .. -, , .. .,. FORM 420 1990 COVER PAGE 3 NON.CONTROLLED REOPlENT COMMITTEE PRIMARIL Y FORMED TO SUPPORT OR OPPOSE SPECIFIC CANDIDATES OR OFFICEHOLDERS (Gov~rnm~nl Cod~ S~C1ion. 84200-84216, Sl (Type or Print in Ink) Statement coverl period 1/1/91 through 6/30/91 PAGE 1 OF 2...- CHIC" ONE OF THI FOUOWlNG 10"15 TO INDICAn THI TTPI OF STAnMINT IIING FILID' O 0 SUPPLEMENTAL PRE.ELECTtON STATEMENT (If PRE.ELECTION S1 A fEME NT ....ng I Suppll'ml'nta' Pr..EJ<<tlon St.t.",.nt. SEMI.ANNUAL STATEMENT you "'loIn complete form .95 and INch It to TERMINATION STATEMENT thIS ft8t.ment.) Anach. Form" 5 to thIS form .20 SPECIAL ODD. YEAR CAMPAIGN REPORT OFFICIAL USE ONL Y IMPORTANT BEFORE COMPLETING FORM 420. REFER TO THE INFORMA 1l0N SHEET AT THE FRONT OF THE FORM TO DETERMI NE WHICH COVER SHEET AND WHICH SCHEDULES ARE AP:>UCABLE TO YOUR COMMITTEE. NAME OF COMMITTEE, I. 0 NUMBER Citizens for a Stron Chu1a Vista ADDRESS OF COMMlnEE. IfO &NOUlUfl c"., 1200 Third Avenue. suite 700 San Dieqo NAME OFTREASURER Chris Miller PERMANENT ADDRESS OF TREASURER ..0 AND UIUET ,.n 903194 lTAU CA lIPCODt 92101 Atl("'C~("UM' (619) 239-306 "All Ztf'CODt ..!Ull.COOE,t)...,,'M{....()frlIlfitl,l...., IS THIS A SPONSORED COMMIl1'U? (See d~finition on r~..erM) DYES [JNO DATE OF ELECTION (Mo, 0.)' . Yr ) (If .ppl".Olt 11/7/90 CANDIDA TE(S) OR OFFICEHOLDER (S) FOR WHICH THIS COMMITTEE IS PRIMARILY FORMED NAME OF CANDIDATE(S) OR OFFICEHOLDER(SI CHECK ONE OFFICE SOUGH1 OR HELD ......,., - Arudl.ckliUoNI infOt'fNlion on .ppropr;,'.1y .belHl COI'Itin...Cioft ,....u. '! VERIFlCAllON I HAVE USED 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 PERJURY UNDER THE LAWS OF THE STATE OF CAliFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. ' EXECUTED ON 7/31/91 AT San Dieao. CA IY ~,(~./~ (DAnl (CITYAICIST.'() _ 1UNOfTM.WIllA) EXECUTED ON AT IY ....".. Of .~,*l o"'all,1f lION\lllDI 1)&1() tQ1YAIID\lA1l1 ,o-IINIOlhI.row 1tf0000Q '0. NCWIDID'O "OUl'\Ml~f 10 '" rMOMMllOJI-..c'nClS ACT 01 tl", Sff ..-.....,GliI.,.-... IMlCAlINlGNDfIO.OSUll'f ~OI 'Hf"l)t"'C.Al."ODiI.~ J'{-y" ! SUMMARY PAGE rORII 420 (lIolltl IIJ Ie Iollded To liole Dollarll 1111 OP CAIOIDATI OR OPPICI 10LDII 110 COITIOLLID COIlITTII. elTllllS POi I 1!iDle ClOLI 'ISTI CONTRIBUTIORS RECEIVED I. 'oaetarJ coltri~atiOll.......... COLUlI A ea.IJIli'e tolal lrol ,re,iotl ,eriodl I 0.00 I 0.80 I 8.00 LIlli I IZ I 1.10 I 0.00 Lilli l + , 2. Lou. recei'ed.................. 3. IUITOTAL CASH UCIIPTS.......... 4. 101-lOaetar! clllribllioll...... I. TOm com IUTIDlS IInOOT DPllICmLI PIOIIIIS............ I. hroreeable 'ruim(lmpt 1911 paruleea, lie lill 18 beloll.. T. ,om COITilIOTIOIS............. I 0.00 I 0.00 Lilli I + i EXPENDITURES IIADE 8. PlJllltI........................ I. Lolli .ade...................... 10. SOBTOTIL....................... II. Aeeraed 11pellellllpaid billll. 12. TOTAL IlPIIDITOilS............. I 0.00 I 0.00 I 0.00 LIlli ! I 9 I 0.00 I 0.00 Lilli 10 + 11 COLDII. Toltl liil reriod rrol Iltlthd Ie 11I1111 I 1.00 1e11ll1!1 A, Lm l I G.GO leledlle I, LIlI I I 1.80 LIlli 1+ 1 I 1.00 lelllllle C, Lm l I G.80 Lmll II I G.OO leledlle 0, LIII I I G.OO Lilli II i I 311.1! Itlldlle I, Llle I I 0.00 leledlle Ii, Llle I I m.l! LIlli ! I I I 0.00 leledll. P. LII. I I m.3! LIlli 10 I 11 PAGE 2 OF 3 "AI1IIIT COllIS '11100 110I i moOO! 11/01/11 : 01/30/11 11.0. nIBIl tom, COLUlI C ClIIIIli,e to dlte (ColD.. A + II I 8.80 I 1.00 I 1.00 Lilli 1+ I I 1.00 I 1.10 LIlli l +I I 1.00 I 0.00 Lmlll i I 39l.3! I 0.00 I 391.31 Lilli ! +l I 0.00 I m.31 Lilli 10 I 11 (Iiolld Iqlll Lil. 11 Co!wana A . I) en ft1l 11 ftI rIaST UPOaT P1LD roa ftI CALD1Wl BAa. Cll~ A ..xrul . _ IZCZPl ~ LI..S 2.... &XI 11(1' applicable). 13. STATKKSNT or CHANCSS XN rXNANCXAL CONDXTXON Cash on hand at the beginning of this period. (Enter ..ount fro. Su.aary Page, Line 17, fro. previous stateaent filed.)..... S Cash receipts this period (Line 3, Colu.n B above)......... Miscellaneous increases to cash (Schedule G, Line 4)....... Cash pay.ents this period (Line 10, Colu.n B above)........ Cash on hand at end of reporting period (Lines 13 + 14 + 15 - 16 above) (if this is a Ter.ination State.ent, Line 17 .ust be Zero)............... 14. 15. 16. 17. 397.37 0.00 0.00 397.37 s 8.00 hdllLeUI 01 tld Iloald lot IlIlatill 1I0llt lB. A.ount of loan guarantees received (Schedule B, Part I, Coluan (b))..... S 0.00 19. Cash equivalents(other assets held including outstanding loans .&de to others). I.portant: See instructions on reverse...... S 0.00 20. Outstanding debts (Lines 2 + line 11 of Coluan C above)................. S 0.00 SUJIJIARY I10R CAImIDATES IN BOTH A JUNE AIm IOVDIBIR ELECTION (See Instructions on Ileverse) 21. CONTRIBUTIONS RECEIVED: 22. EXPENDITURES MADE: /y-'17 . SCHEDULE E PAYMENTS AND CONTRIBUTIONS (OTHER THAN LOANS) MADE FORM 420 PAGE 3 OF 3 (Aaounts May be Rounded To Whole Dollars) Stateaent Covers Period Froa Through 01/01/91 06/30/91 ------------------------------------------------------------------------------ CITIZENS FOR A STRONG CHULA VISTA.' I.D. Nu.ber ( 903194 ) ------------------------------------------------------------------------------ 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-ItIND CONTRIBUTIONS TO OTHER CANDIDATES OR COMMITTEES "I"-INDEPENDENT EXPENDITURES TO SUPPORT OR OPPOSE OTHER CANDIDATES OR MEASURES "L"-LITERATURE "B"-BROADCAST ADVERTISING "N"-NEWSPAPER AND PERIODICAL ADVERTISING "O"-oUTSIDE ADVERTISING "S"-SURVEYS SIGNATURE 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" coluan blank and provide a written description in the "Description of pay.ent" coluan. IMPORTANT: Do not iteaize the pay.ent of accrued expenses on Schedule E. Report only the luap sua of these payaents on Line 4 of the Su.aary 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: $ 397.37 SUMMARY 1. PAYMENTS OF $100 OR MORE MADE THIS PERIOD (Include all Schedule E subtotals) $ 397.37 2. PAYMENTS UNDER $100 THIS PERIOD INOT ITEMIZED) $ 0.00 3. TOTAL INTEREST PAID THIS PERIOD ON OUTSTANDING LOANS (Schedule B, Part 2, colu.nld)) $ 0.00 4. TOTAL ACCRUED E~PENSES PAID THIS PERIOD(Not Ite.ized) (Schedule F, L:ne 4) $ 0.00 5. TOTAL PAYMENTS THIS PERIOD(Line 1+2+3+4) Enter here and on Line 8, Coluan B of Su..ary Page $ 397.37 JlI-I/Y COVER PAGE 3 NON-CONTROLLED REOPlENT COMMITTEE PRIMARIL Y FORMED TO SUPPORT OR OPPOSE SPEOFIC RE C CANDIDATES OR OFFICEHOLDERS (Government Code Section. 84200-84216.5) FORM 420 (Trpe or Print in Ink) '91 FEB 1990 Statement Coyers period 1/1/90 throull~ 12/31/90 (HECK ONI Of THE fO~OWlNG .01U TO INDICATE TH! TYPI Of STATEMENT .EING flUD: I J O 0 SU"LIMENTALPRI.ILICTiONSTATlWifIl'T1~: ~RE.ELECTION STATEMENT "lIn._ Supplem.nta' Pre-ElectIon St~.-m.nt. . SEMI-ANNUAL STATlMENT you inwst complete Form .95 and attach Itto ttnl Ntemen\.) TERMINATION STATEMINT Attach.. Fo,m .15 to thIS Form .20 SPi IAL 000. YEAR CAMPAIGN REPORT @' . -,. .. ':.# . .:: , o. .,' I V ttfE ....L- OF ..L- 4 AlO:1 3 .L; , OffiCIAL USI ONL T IMPORTANT IEFORE COMPLETING FORM 420. REFER TO THE INFORMA 1l0N SHEET AT THE FRONT OF THE FORM TO DETERMINE WHICI- COVER SHEET AND WHICH SCHEDULES ARE ",PPUCABLE TO YOUR COMMITTEE. NAMI Of COMMITTEE: 1,0 NUMBER Citizens for a Stron Chu1a Vista ADDRESS OF COMMlnEE. "0 AIlIO UlIll 1200 Third Avenue. Suite 700 NAME OF TREASURE R r:h,.is Miller PERMANENT ADDRESS OF TREASURER ~o ....O\,~{l 1200 Third Avenue Suite 700 IS THIS A SPONSORED COMMITTlE1 (See d~tinition on '''''''''M) 903194 CO" San Die~o 'tAll DPCOOI 92101 AN"C~OfttI"UMI (619) 239-3061 CA e.'y nAn ZI"COO( 92101 ....u. cOOI,'O&Yl'M( ....0"'( "'lo.IfiIjI! San Die 0 CA (619) 239-3061 DATE OF ELECTION (Mo. O.Y . Yr I (It .P;)"'.O DYES ~ NO 11/7 /90 CANDIOA TE(S) OR OFFICEHOLDER (S) FOR WHICH THIS COMMITTEE IS PRIMARILY FORMED NAME OF CANDIDATE IS) OR OFFICEHOcDER(SJ CHECK ONE OFFICE SOUGH1 OR HELO _T - . Anadli .ddit.ioMI iftfMIMtion 0tJ approp,.'''' ..'-tIN CCNIcm...Uon .....u. VERIFICAllON I HAVE USED 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 PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. . aY ~/~~~ EXECUTED ON 1/31/91 ,..n, AT S;tn niepo. CA lCJ'rfAlllOSTAfll EXECUTED ON AT IT out) ton AND '1&111 5lGU'UIIll Of Mwo.,*( l)tUClIIl." ",,*UlUl)) .or_OhIoIo'lIOfirf_o..wD ro. MOlII'IDfD'O rou'U8UA11l"O'''' _OlIIM,DlMACTlaSM:rOl "".M' "aMI.a,..-.-..., DllIc."""IGN~~OSUf//E IWOIo'SIaWS 01 ,HI: IICtl'KAl. .,CIiDf an 10/,17 ,. PAGE 2 OF 6 NON-CANDIDATE ACCOUNT ALLOCATION PAGE FORM 420 STATEMENT COVER! PERIOD FROM THROuGH 1/1/90 112/31/90 NAME OF COMMITTEE 10 NUMBER Citizens for a Strong Chula Vista 903194 NAME OF CANOIOATE OR OFFICEHOLDER AND OFFICE. CHECK ONE AMOUNT CUMULATIVE INO OR NAME OF MEASURE ANO BAllOT NUMBER OR LETTER, THIS PE RIOO AMOUNTS DATE (xp. OR NAME OF COMMITTEE IF OTMER THAN CANDIDATE. TO DATE OFFICEHOLDER OR MEASURE COMMITTEE .......n """"" CALENOAR TEAR S 3,046.63 Len r,!oore/Chu1a Vista City Council 11/2/90 X Payment to Western Graphics-Sell. E X 3,046.63 CALENOAR TEAR S CALENDAR YEAR S CALENOAR TEAR S CALE NDAR YEAR' S CALENDAR TEAR S CAUNOAR YEAR S CALENDAR YEAR S .An 'independent expenditure' is an e.penditure which is not made at the behest, under the control or at the direction of, in.ooperatiDn, consultation, coordination, or conce" with, cr with the approval of, the candidate or committee on whose behalf it is made. /'1- ft? .' I' PAGE 3 OF....2-. NON-CANDIDATE ACCOUNT SUMMARY PAGE STATEMENT COVERS 'ERIO FORM 420 JROM THROUG'" (Amounts May Be Rounded To Whole Dollars) 1/1/90 12/31/91 NAME OF COMMITTEE. I D NUMBER Citizens for a St rono Chul a Vista 903194 COLUMN A NON.(..NOIOA TE ACCT COLUMN C CONTRIBUTIONS RECEIVED C",MuLetl",e totll COLUMN B C",rnul.tlvel0 d,tl from preYtOloIlo period. Totll this l:"Od from (COlum"s A . I) attache sc.hedlolle, ,. Monetary contributions ..... S -O- S 3.794.00 S 3.794.00 KHIDULI ".UNt ) 2 Loansreceived. . . . ... .... -0- -0- -0- KMlDUL( .......f 7 3. SUBTOTAL CASH RECEIPTS. ... ....... .... S -O- S 3.794.00 S 3,794.00 LNSI.1 L_Ul.1 LI~B' .} 4. Non-monetary contributions . . . . . . . . . . -0- -0- -0- KMlDuU C. UHf l 5 TOTAL CONTRIBUTIONS WITHOUT -0- 3,794.00 ENFORCEABLE PROMISES ... .... 3,794.00 .._Ul.<I u..u).... ....U) .<11 6 Enforceable Promises (Except loan -0- guarantees. see Line 18 below) -0- -0- KH(OUL( D. ~'N( 1 7 TOTAL CONTRIBUTIONS S -O- S 3,794.00 S 3,794.00 ""l~ !l . . LINnS .fI; .ll\If~ !l . . EXPENDITURES MADE I""Dud;' ICujl,~ I."'OIl 1 COLU"'''~'' . Il 8 Payments. . S -O- S 3,396.63 S 3.396.63 KHIOuU 1, LIIIlI !o 9 Loans Made -0- -0; -0- ...... ... "'"101011,1 U. LINE 7 10. SUBTOTAL -0- 3,396.63 3,396.63 ..... ..,. ...... .. ... UNlU. , UNn.-, lINB..9 11. Accrued expenses (unpaId bills) -0- -0- -D- ... .... SCttlDultf.Ufilllf 5 12. TOTAL EXPENDITURES S -O- S 3,396.63 S 3,396.63 ...... ... ... U..U.....11 L_SIO...'1 UNB 10.11 ft.MOULOIQUAI. UIIlll1 -IF THIS IS THE FIRST REPORT FIUD FOR THE CAUNDAR YEAR, COLUMN A SHOULD BE BLANK COLuMNS'" . II EXQPT FOR UNES 2. 6. t AND I 1. ihppliCllble. STATEMENT OF CHANGES IN FINANCIALCONDmON 13. C.sh on hand at the beginning of this period (Enter amount from S Summary Page Line 17 from previous satement filed.).. . . . . .. . . . . .. 14. C.sh receipts this period (Line 3. Column B above). . . . . . . . . . . . . . . . . . . 15. Miscellaneous increases to cash (Schedule G. Line 4) .... . . . . . . . . . . . . . 16. C.sh payments this period (Line 10. Column B above). . . . . ... . . . ... . . 17. C.sh on hand at end ofreporting period (Lines 13 + 14 + IS - 16 above) (If this iu Termination Statement, Line 17 must be Zero.). . . . .. . . . . . . . . . . . . . ..... . . .. . . . . . lB. Amount of loan guarantees received (Schedule B, Part I, Column (b)) . . . . . . . . . . . ... . . . . . . . . 19. C.sh equivalents (other assets held including outstanding loans made to others). Important: See instructions on reverse. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Outstanding debts (Line 2 + Line 11 of Column C above). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -0- 3,794.00 -0- 3,396.63 S 397.37 l=iaC:_~~T~"fJo3~~o 20. -0- -0- SUMMARY fOIl NON~ONTROUEDCOMMJTTIES _..... Y fORMED TO ~ OR Df'POSE CANDID..TES II 10TH .. JUNE AIID NOYEMlU EUCTION eSe, Instructions on R.lff!rse) ,."T 21. CONTRIBUTIONS RECEIVED: 22. EXPENDITURES MADE: I 1 -' Page: 4 of 6 SCHEDULE A MONETARY CONTRIBTUIONS RECEIVED FORM 420 (Aaounts May Be Rounded To Whole Dollars) State.ent Covers Period Fro. Through 070190 123190 ------------------------------------------------------------------------------------------------- 1.D. Nu.ber ( 903194 CITIZENS FOR A STRONG CHULA VISTA ------------------------------------------------------------------------------------------------- Date Rec'd ~ount Received Cu.. A.ount ------------------------------------------------------------------------------------------------- N..e and Address of Contributor Occupation E.ployer 110290 Chula Vista Marina/RV Park 1060 Eight Ave., Ste. 405 San Diego, CA 92101 N/A N/A 250.00 CALENDAR YEAR 250.00 FISCAL YEAR: 250.00 ------------------------------------------------------------------------------------------------- 110290 Dick Kau Land Co.pany 3404 Bonita Rd. Chula Vista, CA 92010 N/A N/A 200.00 CALENDAR YEAJ 200.0C FISCAL YEAR: 200.00 ------------------------------------------------------------------------------------------------- 110290 Iwashita Properties 769 Glover Ave. Chula Vista, CA 92010 N/A N/A 100.00 CALENDAR YEM 100.0( FlSCAL YEAR: 100.00 ------------------------------------------------------------------------------------------------- 110190 Frederic Jack Liebau 665 Canterbury Rd. San Marino, CA 91108 Info. Requested Info. Requested 950.00 CALENDAR YEM 950.0( Fl SeAL YEAR: 950.00 ------------------------------------------------------------------------------------------------- Sub Total: $ 1,500.00 SUMMARY (1) AMOUNT RECEIVED - CONTRIBUTIONS OF $100 OR MORE (Include allScbedule A subtotals)....................................... I 3,200.00 (2) AMOUNT RECEIVED-CONTRIBUTIONS OF LESS THAN $100(Not ite.ized)............ $ 594.00 (3) TOTAL MONETARY CONTRIBUTIONS THIS PERIOD (Line 1 + Line 2) Enter here and on Line I, Colu.n B of Su..ary Page..... $ 3,794.00 If-.>.).. "I' 1--, SCHEDULE A MONETARY CONTRIBTUIONS RECEIVED (CONTINUATION SHEET) FORM 420 (Aaounts May Be Rounded To Whole Dollars) Page: 5 of 6 Stateaent Froa 070190 Covers Period Through 123190 ------------------------------------------------------------------------------------------------~ J.D. Nuaber ( 903194 CITIZENS FOR A STRONG CHULA VISTA ------------------------------------------------------------------------------------------------. Date Rec'd Occupation Eaployer Aaount Received Cu.. Aaount ------------------------------------------------------------------------------------------------~ Hue and Address of Contributor 110290 Malcola for Council 625 3rd Ave. Chula Vista, CA 92010 NIA N/A 500.00 CALENDAR YEM 500.0! FISCAL YEAR: 500.00 ------------------------------------------------------------------------------------------------- 110290 Robert Penner 681 Third Ave. Chula Vista, CA 92010 Eye Doctor 250.00 CALENDAR YEM Eye Physicians Medical Surgic 250.01 FISCAL YEAR: 250.00 ------------------------------------------------------------------------------------------------. 110290 Shinohara Faras 4705 Otay Valley Road Chula Vista, CA 92011 NIA NIA 200.00 CALENDAR YEA: 200.0' FISCAL YEAR: 200.00 ------------------------------------------------------------------------------------------------ 110290 The Phair Coapany 145 Willow St., Ste. 200 Bonita, CA 92002 NIA N/A 250.00 CALENDAR YEA 250.01 FISCAL YEAR: 250.00 ------------------------------------------------------------------------------------------------ 110290 Toki Yano Realty, Inc. 234-A Third Ave. Chula Vista, CA 92010 NIA NIA 200.00 CALENDAR YEA 200.0 FISCAL YEAR: 200.00 ------------------------------------------------------------------------------------------------ 110290 Wilson and Cox Insurance Agency NIA 249 E Street N/A Chula Vista, CA 92010 300.00 CALENDAR YEA 300.0 FISCAL YEAR: 300.00 ------------------------------------------------------------------------------------------------ Sub Total: S 1,700.00 p(',>) SCHEDULE E PAYMENTS AND CONTRIBUTIONS (OTHER THAN LOANS I MADE FORM 420 PAGE 6 OF 6 (A80unt. May be Rounded To Whole Dollar.) Stateaent FrOB 01/01/90 Cover. Period Throul{h 12/31/90 ------------------------------------------------------------------------------ CITIZENS FOR A STRONG CHULA VISTA J.D. Nuaber ( 903194 ------------------------------------------------------------------------------ CODES FOR CLASSIFYING EXPENDITURES If one of the following code. i. u.ed to de.cribe the expenditure. no written description i. needed. (Note exception. on the back of this .chedule for codes "C", "I" AND "T".) Refer to the back of thi. .chedule and the back of page 12 for detailed explanations of each category. "C"-MONETARY . IN-KIND CONTRIBUTIONS TO OTHER CANDIDATES OR COMMITTEES "I"-INDEPENDENT EXPENDITURES TO SUPPORT OR OPPOSE OTHER CANDIDATES OR MEASURES "L"-LITERATURE "B"-BROADCAST ADVERTISING "N"-NEWSPAPER AND PERIODICAL ADVERTISING "O"-OUTSIDE ADVERTISING "S"-SURVEYS SIGNATURE GATHERING DOOR-TO-DOOR "F"-FUNDRASING EVENTS "G"-GENERAL OPERATIONS AND OVERHEAD "TOO-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" coluan blank and provide a written description in the "Description of Payaent" coluan. IMPORTANT: Do not iteaize the payaent of accrued expenses on Schedule E. Report only the luap sua of these payaents on Line 4 of the Suaaary section below. :NAME . ADD: :CODE OR DESCRIPTION: :AMNT: ------------------------------------------------------------------------------ Western Graphics 7614 LeBon Avenue Leaon Grove, CA 92045 MAILER 53,046.63 ------------------------------------------------------------------------------ Miller/Roos . Co. 1200 Third Avenue, Suite 700 San Diego, CA 92101 Professional Services 5 350.00 ------------------------------------------------------------------------------ SUBTOTAL THIS PAGE: 53.396.63 SUMMARY 1. PAYMENTS OF $100 OR MORE MADE THIS PERIOD (Include all Schedule E subtotals) 5 3,396.63 2. PAYMENTS UNDER $100 THIS PERIOD (NOT ITEMIZED) 5 0.00 3. TOTAL INTEREST PAID THIS PERIOD ON OUTSTANDING LOANS (Schedule B, Part 2, Coluan(d)) S 0.00 4. TOTAL ACCRUED EXPENSES PAID THIS PERIODINot Iteaized) (Schedule F, Line 4) S 0.00 5 TOTAL PAYMENTS THIS PERIOD(Line 1+2+3+4) Int~r here and on Line 8, Coluan B of Suaaary Page 5 3.3ll6.63 Jlf'>~ 1.1 ''1 Statement of Organization Recipient Committee Twp. or Print In Ink. STATEMENT OF ORGANIZATION ~ SEE lNSJAUCTIONSOHREVERSE Allacll additional information on appropriately labeled continuation .dleels. NAME Of COMMITTEE {)'IA/r...i/$/<- ftrt-f"l1fvJ &.....,.,.:,11.... r>n. f?/,AiJ-. !f'../'II. h IV Broad Bas.d Co tI.. (S.. thfinilion and impo,"'nl ill/o'lM/ion on rev.rs.) If this is a broad based commillee and wishes 10 make COOIribulions 10 candida..,s in e.cess of the $2,500 conlribuUon Iimil in conneclion with a special elcclion. check the box below and coler the dale on or before which the commil..,. qualified as a broad based com", iu"". (If the commill" is IIDI a broad ba..d commill", IN doc. IIDI ",i.,. 10 .. conl,ibu/ions in uc... of lilt $2.500 limil. do IIDI compl,', 11U. ..ction.) o Check.... if this Is a b..... baMtI .ommIIlN. Ent.r \he dal. on or be'on whkh Ih. ._ilt.. qualified as a broad based eommill..: 1.......0.'. r..., V SplI"-~r.d Commltl.. Is this a sponsored commil..,.? fid Yo 0 No (S.. in.truc/ion. on rev.rs. fo, defini/ion. and ,al.. ,.gardin, .. SfIOluored commill.... _.) If yes. provide name and address of sponsor. If the commiuee has more lhan one sponsor, provide names and addr.sses on appropria..,ly labeled 8IIlIChmenl. ..... Of SFOHSOR ,-,J 2.1'6 0 ~1t1-u-y\",,,,,'o,4 Its>",-,~h '-' <If- ftR.-h~ /..cn$ ADDfISSOF~: NO ANDS''''ET 10 I:!h". 6'17 Ut,.,/c.. j,.)/-l, (ft. . 11'1/2- VI Prlmarll, Fonned Conlmltl.. If primarily fomed 10 sUpport or oppose specific caodidalCs or measures,lisl specifIC candida..sor _es below: CANDlllAlE'S OFfICE SOUGHt OR IUD ORMEASUlE-S.lJRlSlllCTION C1ECK ONE ~ CANllDATE'SNAMEORMEASUlFSRIJ. nTlEIN:lWEllAllOTNO. ORlmERI IlNClUllEllIsmICTNO.CIIYORCOLtlIY.ASAI'PlICAlllEI ~ ~ LL n COmmltt.... PrlIIUII'V AcUvltv II Nol Prlmarll, Formed II not supporting or oPposing specific candidates or measures. see: insIruclions on reverse and cbeck ONE box 10 indica.., if this is a: ,g CITY _tl.. eo 0 COUNTY Commltl.. eo U STAT. Commltl.. PflJYIlE IIRIEf DESCAFTOII a ACIMTY 01 ,:.,.,.., <'J 1 {11... u-..J2. {"'",Ie.. {j)ft., CITY c. q/7/D 8' WOOD( CI n {1_'-/)-/P"1 ~ 4'1J a" , .JL t........1"'I1 .s 4/"v,>oJr c:J- 5;-.. ~ j:Yup " 5, ~,~"'- . 'I Disposition 01 Surplus Funds You mUSl specify what disposilion will be made of surplus funds in the event of lenninatioo. ~ 1-0 .....Jl.. 2.1 ~D z/fi'o Executed on Execuled on N 1f.:IIKlt nc~' ,ORSI" N " . Statement o' Organization Recipient Committee (Govcmmcnl Code 5",....,14101.'410)) Tnt_... Print'" Ink. SEE INSlRUCllONSON REVERSE .'Ue orl&llIaland one <opy or ibis form ..llh: Sea.lary of Sllle Polilical Reform Division P.O. Dol 1467 Slcramento. CA 9S812-1467 Alld, If applicable. RIe olle copy or Ihls rorm "'Ih: 1be city or county orlicer, if UlY, who reuives &he COIIunillce's origin.. campaiaR disclosure slllemenls. I, . STATEMENT OF ORGANIZATYO~ 1" --i "....ndmen. I I (llclk boa ir., Amendmclll .nd cnle' Ul number; (\I,IOi\'\ 410 I') JI ! ()H\1 Dale Stamp ,5~l.1510 R ~ I~' 7" otIoIoI UIe Only ..... ~_, of .. D.I. qu.Utled .. C.......ll..HMUlIlh,O.y, Yc.M) ot O?:.B2- "lf2. ~V -4 r 3 . i Cil:' ;A [) Otcd; boa if not yCI qualified I ConunlUee Inlol'lllllU_ tw.I: OF COtr.IMlnEE: . C",.J"V,)h. F,r...(:',>",l-..r." u,,,,,,...It..,, 'r(.,h",I-'1 0''\ P. I ~ \-.L.J.. ADlH:SSOF COIUInEE: tl<<lT P.o_ tDC)NO. AI<<) STA:ET 90 F- "J' ::.T. COl.WIY ~~,..J p, C.VO SIA.TE lIP CODE 9/'1(~ ClIY rrt\Jc........Vt.,r-" I MU.JtGAOH:SS: elf DfHfBtllHO. AND&lIHTOR p_o BOX Po $0-,,- b17 ClIY CrlvtJr .//~JI"I ~. AREA COOEJAIONE Nl.UlER b,q- tlzz- 2b8.:. STATE lPCOOE 1('} 11.. v1" c II TreasurerandOlherPrlncIpalOHlc.... fWMO OF r~R ;.?A",rJ j(;<?-th i?e-b,r MAIl,..G AOOIISS (If OIffERENr HWfCOUOEE'S) -z.. '5'} L ~ tern w-, ~""""... LA. fil;J..., CIIY STATE llPa:lDE j)~ ,<old J 5LI.,.f-, dJ NAME AN[) POsnWJN Of OnlER mwcPAl OFFICER(St /1 )l>2. Ce.11<- >,..... ".., IMIlING AlXJfISS (If DIFFERENT It EE'S) "i.../ V. ('z...., CA-. C(Z.OI7 CIIY -- STATE lFalDE ',9- '-9, - .:>""-,-5- NfEA CCJIlEJOe' YJIWE PHONE t/7 - YJl-ZI>PN <"I?'- l(,n-2.6!;O ~ AAEA~YJAlEPHONE ~ \ ~ ...... Allach additional in/ormtJtion on approprial.ly Iobtkd colllilt....lion *.IS. .. Conlrolled Comml.te. Is lIIis commiuee conlrollcd by 11\ orflCdloldu, candidale, or SIaIC measure proponenl? (S.. d.finition and imporllln, in/ormation 0/1 r....rse.' o Yes(Compltlel\lefollowl..1 )il-No . If lIIis commillcC is coolroUed by III orflCtholder or . candidate. lisl!he name or !he controlling ofrlceholder or candidale, !he eleclive offICe sou.... or held, and districl number, if lilY. n Ibis commillcC is conbOUed by more Ihan one candidale, lisllhc name of each COli bOiling candidale. . If lIIis commiuce is conlroUed by . SIaIC measure proponenl. IiSl!he nalllC of !he Slale measure proponenL n lIIis commiuce is conb'olled by _ Ihan one SIaIC measure proponenl. IiSl!he name of eacb SIaIC measure proponcnl. . n lIIis commillcC eelS jointly willi anolher cOlItrolled commiuce, Iisl!he name and idemificalion number of !he other conbOlled commillcC. Yoollllsl co~ele lhe VerMicalion on Page 2. Atlll..h ",Jditio",d in/ormtJlion on appropriat.ly Iobtl.d continlUJ,ion .he.lS. FOANOAMATIONAEOU.nEOTOBEPROVaO TO YOU PURSUANI TO 'liE INFOAMAltONt'HACIICE5ACI (.II. 19/1, ~;t.l. IIfutIMA(tooMAtA.lAL.UN.CAWAlQUD~COCK.<O{'Jf 11-1: POII1IC.AI AFFcww.M'.I S'o'o .1 Colllornlo Fair PoIIlleal Praclleo. C-..Ion March 7, 1995 Memo to File: 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. )1,57 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 Fir~fighters 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 originals 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 f25 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. JI{-fY , , ~-:" Candidate/ Office/ 1.D. Form Date Due Date Filed Period Committee Measure Number Filed Covered Tony Va Oooose 496 06/03/94 Allen n'" ' -" 461 08/01/94 07/29/94 Chula vista Fire- 821570 420 [,' 02/01/93 07/01/92-12/31/92 Fighther's (' I( f'."" .~ ~~c 08/01/93 01/01/93-06/30/93 420 ;~/ 01/31/94 07/01/93-12/31/93 4di' , -,,' '. . ..~ ,- ;")I/~I ~1i 01/01/94-06/30/94 ,) ;, '- .,....;,-~ 01/31/95 07/01/94-12/31/94 ~- . " ".LV v.J/J.lJ/~" PAC '. ~ -- ~ \ ':t- ....... 4' Statement o' Organization Recipient CommlU_ T.... .._'In I..... STA1l!MEHr OF ORGANIZATION SEE ...IIUC_ ON IIE"_ A/lac" tIddiI"'''''' i opriDldy labtl.d cOII,iIIl1tJ1ioll slte./J. NME. a: cot.MTJEE VtIA/... 11,$1-- f,re- f,.,ftfcn (vNlM flet. "" {?/,'f, ~J- lfJ;if. h IV .rOM ..sed Co-.ilU.. (~. deji,,;,ioIe tIIId UrrporIDlt, il(o'_'",II Oil ,..,.,so) Ir Ibis is allro8d buod l:OI "- .. wishcllO make COIIIribuIions 10 candida1e5 in e.ceu of Ihe $2,500 conlribulion limit in connectioa willi a special declioo, chc:ck Ihe boa IJdow and enlCrlhe dale oa or before wIIic1ldle COlllIIlillee qualified as a broad buod rommiuee. (1f,1te commi".. is 110' II brood bawl cOlMlina, or tIou _ wisIJ 10 ""'" cOlllrilrlllioles ill eu.u of'''' $2,JOO liMb, do _ compl.,. ,1Jjs secIiOll.) o Check..... If 110. Is a .,... .... n "1ft. EIII... ... 'al. .. ... lid.. which the ._iller qualif," as a br.... buN ......mlller: 1M..... Po" r.., V Sponsored eo......... lI..is alpllUlRld rommillce1 Jif Yes 0 N. (S.. illSlrllC,iOlls Oil ,..,.,..for de/illi,iOllS tIIId ,Illes ,.,ardia, II sptHISmed crmwriu..' s _., Ir yes, provide..... and addIea of lIpOllIOr. If die rommiuec bas _,hen one sponsor,...,.,i'" names and addresses on appropoialely labeled 1IIIal:1lmeat. .-uE OF SPrHiOfI" "J 2./'0 0 ~1if.tm..J-,'oovJ.... IfH<lW-hu-, ,,,f- f1R-f;' kns. (",...Ie.. Vi~k.. (. 11510 a AEE CIlY 10 {31,.< 697 Otv/c. .jJI-t. ~. . 1/q/2- VI PrIInarllJ Formed C...l:....II.. Ir primMily fanned 10 sUpport or oppose specifIC candida..s or measures,list specifIC candida1e5 or Illlanla below: CAtOOATE'S OFFICE SOUGHt OR ItiD OR MEASUlE'S .uw.;llUl DECK ONE CNIlIOo\TE'S NAME OR loIEASlIlFS RU. lIllE lH:t.lU lW.lOT NO. OIllETTEAI (lNCllU OISlIltCT NO. CITY 011 COUflY. AS AI'l'UCAIIlEI EE .. ComIIlIU.... PrI......, Aclhrllw U Nol PrI_rllJ F_d Ir not supporting or opposing specifIC candidates or measures. see inslnlcliou oa ~vene and chc:ck ONE 110.10 indkale if lhis in: l!l CITY C ._"'.1_ _ 0 COUIITY C......ll_.. 0 aTATIi C...._...,.. PRMJE~ lJESCMI'IlNOf ACTMIY (./of ~-... <., 1 I'I/A u-p./l C. I .,J ..Jl. tarV'I>"'- <1- a'1 I 5kJ-..... tyup;;s,h'~........ .. Dlspo.lllon o. ......... Fund. Y 011 Dlust specify whal disposilion wm be made or sUlplus funds in die event or lenninalim. /?c f..,r'1 ~ j.:."...~ 2.' flO IX V.rlfle.llon I have 1IY.d aU taISOIIIIbIe dUigeIa in preparing lIIis SlalCment and 10 die beSl of my kllllwledge tbe informalion cmlained herein is IrUe and COIllplele. I catify under penaI.y of perjury under W, a,ws of Ihe S_ ofealiromia Iha~or Oing;;ZiS _ and COlTecl Executedoo /;- ~. 9 J- AI C ~_ By I lM a SP.l Exoculedoo /1 - "2. - 9'2... AI ~r'~ 'j/A//';( . C.q , DI"E IYAHDSlA ' Exoculedoo 11- ;;L -'1:L AI ~ f..., c-~.;rO,v c-A, MolE an AIm SIAU Executedoo' I/.a 92- AI ~.J.,~S;':$W 014. . lE IY SIA E By f-"..j) u eO By By StG nAil 01 CoHlIIOtt ;C".;. ~ -::.;-. ~ ~ \ ~ '" " '-':. , ,.. ...... ~ ~ . -. Recipient Committee Campaign Statement-Short Form SHORT FORM Tno. .. Prlntln I.... .'.......n. co".n perlocl OaIoS_ cALlr<1R\I'\ 450 1991 roRM _ 19 lr :2... I~h I? rl l- Da'e .. Elecllon I' .......c.b1.: IMonlh, D... Yoo.' RECEIVC:'D SEE ..,'AUCllONS ON REVERSE For ule by recipient commiueel which hn'e oot received a conttibulion Of aliter receipt which mosl be ilcmized. hpe not received or m8deloans. and. have no OU15landinllCCrued capcnses or cnforcublc promises received. "92 OCT-5 i\;~: :~ ..... .f A Fnr CMit"l U,. Only Chock _ ..Iho '.Iowlng ..... I. _.I.lho I.po ...I.I_nl "Ing HI.... o Pra.aloclion Sl"_ 0 Balo! Measura Posl-"",~Iicalion Slalomonl o Semi.onnuoI Sl.......... 0 Spacial Qdd-year Campaign Report o Supp_a1 P1a_ Slal_1 (AIlach a oompIoled Form 49510 lhis slalemenl.) )iq T _"ion 51a_ (AIlach a comploled Fonn 415 10 !his slalemonl.) I Committee InformaUon ChdA VI.!. ,-/I FI"z,c, FiQ,./f re-LS )..,oC-~L. :;4/0$'0 1Jt;?c/~/. ~to~~E11 r~Gli.A t/;sr/l Cri. C"j/712... CI STATE IPCODE (0/1- (,GO -/?.50 N1EA COOEJIltOfE tA.IIIIIIER CiTY'. ..1 " ,A...J oAJ e 10. tUIBER AJoAJti:- MANE a: lRE.ASllR:R: I'-' OtV {<:.. ~N'AOOfI.:SSOF1~R: AJ oN e ~ON Ii/ N*A C(X)EJOA'tTM PttONE tU&R (NO. AND STREEl) 51A'E IPcoo( CIN II Commltte.Tvpe (cWboxnJ Is this. conuolltd commiu.e? 0 Yo 0 No Is this . sponsortd commiu.e7 0 Yo 0 No Is this . broad butd commilke? 0 Yo 0 No In Verlflc.tlon This commillee has nol received any conlribulions, cumulalive conlribulions or miscellaneous receiplS from a single source IDlaling $100 or more which mUSI be iterniud, and \his commillee has nol made or received loans, and has no accrued expenses or oulSI8nding enforceable promises received. I have used all reasonable dmgence in preparing this SlalemenL I have reviewed Ihe slalemenl and 10 Ihe best or my knowledge Ihe informalion conlained herein is Il1Ie and complele. I certify under penally of perjury under Ihe laws of Ihe Slale of California \hal the f'r~g is Il1Ie and({/'. !!1 flJl executed on "7 - :l. S- - , 2- AI e'-' oJ '-A V/ .5 r /I By ';c)r"-...(?~ ' "",. ClN AHO STAlE lIJlEOf ffC.tr.St.:?IC"..i'- Ig'O An officeholder, candida1e, or stale measure proponenl who oonlrols a commillee muS! also verify Ihe camJ81ign SlIIemeIll ~o c.. A'- ~ I have used aU reasonable diligence n110 Ihe besl of my knowledge Ihe lre8SUrer has used all reasonable diligence in preparing \his _I. I have reviewed Ihe Slalemenl and 10 Ihe best or my knowledge Ihe informalion conl8ined herein is Il1Ie and comple\e. I cerlify uncler penally of perjury under Ihe laws or Ihe Stale of California thallhe foregoing is InIe and comet. executed on AI By "",. aN At<<) STAlE SKlNAllM1E OF (f"RCfltOlDER, CANDIDATE. PROPONENT, ORRESPONSIIl.E OfACER execuled on AI By ""IE QfY ANO STATE StGNAllAE Of OFFlCftQUER, CANOK)\lE. OR PROPONENT Executed on AI By ""IE CITY AND STAlE SlGNAl\A1E Of (f"F1CEtlOlJ)(R. CANIlIO\TE. on PnOflOHENf FOR INFORMAf04 REQUIRED TO DE ~o TO YOU PURSUANT TO THE NORMATION PRACftcES ACT OF 191" SEE ItEnRUAllON UANW CWC:&UPAr..N mc;c.1 ostlRF PAnVl~~ rE THF PO.ITICAI RFFnAI.A /JIC.T 11I.le of C.'''om'. F.'" PoII"cal Pr.clle.. Comml....... .n ~ UMMARY PAGE l Recipient Committee Campaign Disclosure Statement Summary Page VI.5: r/l Fi /Z- IE Ff C-r ( r.c/2 5 T...... PrInt In Ink. A_Ie...."... ............ I. ....1. doll.... s........nt c...,. period CO z... _ /11> I.......h (7? L CAL1[O 1A. 450 199\ F M .. A.oc4t... ~/S"0 p... 1.0. tuMlER .f NAME a COMMTTEE. Expenllllure. Mado 1. Expenditures 01 $100 or more made Ihis period............................... ...................................................................... $ 2. Expendilures under $100 (Hal ilerrized.) ................................................................... 3. SUBTOTAl EXPENDITURES MADE THIS PERIOD ................................................ ..................................AddUnes 1+2 $ 4. Total expenditures mede kom previous stalement ...................................................... (II/his is /he /irsl slalemenl (ex /he ca1end81 )'981. enler zero.) ................... Previous Summary Page. Une 5 5. TOTAL EXPENDITURES MADE TO DATE....................................... ............................................Add Lines 3 + 4 . Contribution. Received 6. MoneIary contribuliona received tml period ............................................................................. ............ ... ................................................................... $ 7. Non.monetary conlributions received this period ............................ ................................... ......... ............ ..... ................................................................ 8. Total conlribulions received !rom previous Slatement ...................................................................... .......................Previous Summary Page, Line 9 $ (II If. 'S is /he 6191 slalemenl (ex /he calendar )'981, enler zero.) 9. TOTAl CONTRIBUTIONS RECEIVED TO DATE..........................................................................................................................Add Lines 6 + 7 + 8 . Cuwenl C.sh Slale_nl 10. Begiooing cash balance ....................................................... ............................................................... ................... Previous Summary Page, Line 14 $ 11. Cash recaipts lIlis period .............................................................................................."................... .... .................................................. Line 6 abo\lll 12. Miscenaneous increases 10 cash ...... ....... ..... .......................................... .............................................................................. ..... ....... ....... ............ ......... 13. Cash expenditures this period ............................................... ..... ......... ....... ....................... ................. ............................ ................ .........Line 3 abo\lll 14. ENDING CASH BALANCE TItS PERIOD _______..................................................................-....Add Unes 10 + II + 12. /hen subtracl Une 13 . Recipient Committee Campaign Disclosure Statement. Short Form T",. .. ....nlln I..... _Ie me,........... 10 whol. doll.,.. SEE INSlRJCTIONS ON REVERSE _ (F Cot.MTTEE: Ilel_nl c..... ....... ...... /7<t z.. I"'-h /79 1..- SlfORT FORM CAlli ~IiIA 450 1991 FORM ..... el 1.0. NUMBER IV Expendltur.. ...d Contribution. MIld. (If mort space is nttdt4. IIU additional copits of ,his pagt for con/inlUJlion shttts.) DATE' _ AND AIlIJRESS OF PAYEE DESCRIPTION OF NAME OF CANOIOATE N'D IF CCMITlEE.IIADDIIIOH JOCOlAlnu'S PNIE I EXfUDTURE OFFICE ORNME OF BAlLOT CH;CKONE Nl.. AMOUNT ClMLlATlVE AIIRSS. (NlERLO. ......AOAF III 1 O..........tN II((N OR CONIRlllUlION MAllE MEA9JRE N'D BAlLOT .........' OI'J'OS( EXP. 1HS PERIllO AMCU'IITS TO DATE** . ASSDIED. EHlER tHE tAf.ASlHfn tMM: NIOAlDUSt NUMIlER OR LETTER CAu__nall 0 $ ..- $ CALI__YUII 0 $ - $ au..... 711A1l1 0 $ ..- $ CALIIIDAII .011 0 $ ..- $ CALI"_ ftAII 0 $ ..- $ ..... " \ ~ SUB.TOTAL' · Required only lor J18ymenls which are cOfIlribulions or independent expenditures. .. See instructions on reverse regarding independel1\ expenditures and reporting cumulalive amounlS. (1] .--...-:................ .........,.-,.,-.,-. I Recipient Convnillee Termination ....Of'~na. - GI-\Glt.."l v/~rt9 Fite.&l=ftrll-rL/lZ-:i ~Ofcc:umEE; pro. N<<IIIRlEQ .r;Q. 130"," /. q '7 -' DIY ~ . mlE ~~~t~5!;~ )~A II Treasurer Inlormatlon ",fW....OU_ ;LJ o~ ;Z; PlRlW€Nf ADORESlOf..... IHO.MGIIR(fl) . . ~ ,..... . ,'/ / Statement of Termination This fann mUSl be complct.ed by omccholdcrs, C8J1didales,.... recipient commitlCCJ thai wish 10 lCrIIIinale pursuanllOGovemmentCode Section 84214. Omceholders and candidates file an original of this form with the filing offICer with whom they me the originals or their cam..ign SIalemenlS. CommitlCeJ file an original or this form with the Secretary or Stale and, if applicable, a copy with the local filing offICer. I Olllceholder or Candidate Tennlnatlon ..........- -. -~... IE___QR.......ADDRUS; tt<<l NGMIIlD) DIY .WE lP<XlIIE AIU. CODU'IDIE. ......R .. Information on Olllee Sought or Held .......1OWeIn' _IIIUII UX'A1Df1f' NIU'.AILQ 1...-=t.....fFN'fUCMlQ UFlCIM:_afDUMNIl II Verlncallon 1 ha..1IICd aU .CIJOft.b1. dili,cnc. in prcpIfin,lhi. ....._.1 ha.. <cued 10 recei.. .-ibuIiona .... mab ..pcIIlIiba..; do... 1IIIIic:..... recei.in, c:onrriburions or rcpoymcnll 0( .........in,....... mode 10........ or my oIhcr rec:ci.... or makin,..pendir.... in .... ru....; haw. .\imina1Cd or .....ar.1hal1 ha.. 110 iDIcnIion or _lilY 10 dischar,. .u ckbII, ....... retci.C<\ .... oIhcr obli,,,iotlI; ba..1IO aurpIua funda; and ... filed aU campai.._ requir'" by dIo Polilical aef_ Ar:l diacloaia, all .................actiona. 'I I ccrrilJ under paWl)' 0( pcrjwJ 1UIIIer.... JaWl of.... s.... 0( California ..... .... foa+' is _ _cancel. . e....... on II. DUl 0" ..ItA. By ~O#QffICIMIIUIIAOflICMeCWI NOTE: AdlIIJonal fiIlng oIlIgallol1. ....belna.nod. .. __, r:andIdal., or r:ornrrftee begin. railing or apencIng ..... ", r_. ... IOIgivaneu 01 a loan ", rcpaytl*lt. 01 loW ..-... 0Ih.. ", .....,...... r...."... TVP.......... 1oI.,*- ~- - A FotO_u..o..Iy "92 OCT-5 .'JiC',3 CITy. CITY ; t ~ , 'J A - ." ,'.. c'iCE I LA.,;U(Mi e- lP<XlIIE '7/9/ '- .- ..- ~ ~ \ ~ ..... "" AREA CX)O(pytllE ftDlIE ........ .... By I UflClM. DA.(01 tu..M1IOIt arrNGflA. O"NG.u. ....n.lEO#CQI.IlDUJNQQfflCIttOlOIR,CNGOUI,OII.._........--1 ". II Verlllcatlon I h... ....d .11 rClJOftObl. dili,encc in ...parin,lhi. lIorcm<nL This -.mill" hu c...... 10 receive c:onIIibutiou and mac upenditures; docl notlRlk:ipate recci.ina canuibUtions or r.paJlllCllII of ..........inl ....... made 10........ or my _ recei..... or maki... upendi..... in .... futur.; has .limin..... or ........ ..... it baa 1M> inIcnrioa or .bililY 10 diachar,. ... debts, "ana ....i..... .... <MIla: obIi,lIiona; .... IM>.urpIua .......; .... hu filed .11 campai,n .....- menll requir... by .... Potilical Reform Ac:l disc"'in,"1 rcpxrabIc "IMactiona. I caliCy under penallY 01 pajury under .... Jaw. 0(.... S.... 0( C..iforni.lhal.... f"'.SOin, is :-~-:llCL'1_ ;2.5--1-v- II. ct. JI-".; vi / :>Td cA ByE~'f:.. -4. _~~tl- ~ D"_..... -- ~ PI'2-~~ /-o~c-4'- ;2., f{ 0 ExlaJlod on ". . ExlaJlod an ExlaJlod an ....t: Off ...IIA. ......1UIlIlOfCOl.MDWMIf1H~CMODAJI.OIIIIIMI......MlJIIIOf8lI' ". ..,. BV By IGNAfUIIlEOf CDnIlDUJHQ f1H1ICttQDlA, CMmDAff.. ...IlA1'l......1IMJfIOWJd ~ NOfIMTIOt REOlM1ED TO BE PROVIlED TO YOU ~T TO TtE NOfWATION PMCQCES N:,l OF '171. SEE NOAUAtKlN UANW ON r.&UPAr..N ~ nc:lItm' ~ nF n-= PnlITlr.AI Al=J:CA.I ACT a...e .. C.Uf_ F'" _..... Pnc'Jc.. c-....... Form 420 1982 NAM& 011' COMMITT&&, RECIPIENT COMMITTEE CAMPAIGN STATEMENT (Government Code Sections 84200-842171 ,:i + (' IBBZ HAl? 3 I r,t, , .j ciTy eLL:: A ,f'. 9 57. For use by recipient committees which receive a cumuiative contribution of S100 or more from a single source. (Type or Print In Inkl Statement coven period from 1 _1-H ? through 3-::>7-8::> M-i",).,aAl l-1'O'......TrlAT'I "."MAN.NT ADD"... 011' T".....U"."1 .... ..... .......,. c'"'' 1.0, NUM.I:" Poli tical Activity not received .,....,.. 1:... c... ........ c... ....... ,."..... Calif. 92010 714 475 2015 .,....,.. CI" COli. ...... CII.. ........ .......... 2010 Chula Vista Firefi hters Committee on ADO".'. OP' COMMITT.., .... ...... I"..." CI"" P.O. Box 697 Chula Vista NA". l::JP' TRCW-':I"."l OAT" 0" &L&CTION IMO., DA"', "''',II.'' ........IC.......t' -1 -8::> ALLOCATION OF CONTRIBUTIONS AND EXPENDITURES MADE TO OR ON BEHALF OF CANDIDATES, OFFICEHOLDERS AND MEASURES (Allocate expenditures from Schedules E & F made to or on behalf of a candidate. officeholder or measure. Amounts may be rounded off to whole dollars.) OFFICIAL USE ONLY C D E F NAME OF CANDIDATE OR OFFICEHOLDER AND OFFICE OR MEASURE AND SALLOT NUMSER OR LETTER CHECK ONE SuPOO" Oppose AMOUNT OF EXPENDITURES HI P FIt CUMUI.AT1VE TO DATE .00 x .00 333.00 .OJ 333.00 x M Malcolm for Council x ArtKit MJditiotNllnfo"".rion on .propri..r I.,.,M/ CDlfMUafJon ~tI. VERIFICATION I declare under penlltY of perjury that to the best of my knowledge this statement and in schedules are true. correct and complete and thlt I have used all reasonable diligence in their preparation. -~ Executed on J_?A_A? at mml R Vi ..tR ~Rl by ://2< ~4';/' l/c~ '-/:..-<Z~'- {...,.el tel"" ..... ......,.i1 Ula....""".. 0'" nt.....""..., A candidatll or offiCllhold.. who control. a commitlae must also verify 1tIe campaign StIltemant. I declare under penalty of perjury that to the best of my knowledge this statement and its schedules are true. correct and complete and the trlasurer of this committ.. hiS used all reasonable diligence in the preparation of this statement and iu schedules, Executed on by 1"."""''''..0'' C...DIO...T. O. o.....c...o~o... at tCI"'" ...... I"...,..t 10...... For informal*' ,..nd to be prow'" to you pu..... to the I..'_......ti.n ~ Act: of '.77. _ "lnfOl'l'Nlion Manu" on ea,...., 0.......,. Prowisions of the Political R.worm Act:" P.-t X. ,J ' "" - 1 - /7 -"./ ~V?- ~ em OF CHULA VISTA OFFICE OF THE CITY CLERK September 15, 1992 Michael Bartmen 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 Committees. 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. If 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, "'-.) ~ ~~~c \v..,"\ Vicki C. SOder~~ Deputy City Clerk It/-I, " 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 9'9'0/(6'91 69'-504' Semi-Annual Statement of No Activity T~po Of print in ink. STATEMENT OF NO ACTIVITY D~te Stamp q <" :t 4' :ll ~ ( <, . ~ l'( ~ > " ~'fLi<+ ~ for OffIcial U";~ Only For use by recipient committees. except controlled committees. that have not received any contributions and have not made any eXP.4'nditures during the six-month period covered by a semi-annual statement. Committees controlled by an officeholder or candidate may not use this form. NOTE: If the committee had, at any time during the year, any outstanding loans made or received, this form may not be used for the semi-annual statement on which the . Annual Report of Outstanding Loans. must be completed. RECEIVED '9S .1. Al0:49 Recipient Committee Information NAME OF cOMMmn 1.0. NUMBER NAME OF TREASURER . I ., ADDRESS OF COMMITTEE IbHTa<; (NO. AND STREET) F'Z.;~D PERMANENT ADDRESS OF TREASURER (NO. AND STREET) ft). @,(.',c CITY 1.0'1, STATE lIP CODE CITY STATE lIP CODE ....... ~ "- '> C-HlJIA v 1'7,A AREA CODEIPHONE NUMBER CA Cj2012.. AREA COOEIOA YTIME PHONE NUMBER LotS - Lf g'1 - ~ l.'-l to II Period of No Activity No contributions have been received and no expenditures have been made during tl',e period covering the dates below: Check one of the following boxes and complete the year. o January " through June 30,19 @" July 1, through December 31,19 Cj3, III Verification I have used all reasonable diligence in preparing this statement. I have reviewed the statement and to the best of my knowledge the information contained herein is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. E ..cuted on 3/13/95 DAn At Chu la Vi sta _ CA CITY AHonAn B~ 9i~/'Y4:/I~ SKiNA,TUM Of TMASUlUR \. ; \ fOAINfOAMAHOf\IIUQUflUO TOI( Pfl.OVIOIDTOVOUPURSUANl 10TH( INfORMAHON I"AACTKf\ACT Of 191" S!l INfOflMATIONNANUAl QNCAM'At(,NOISClOSUIU I'tIOVISIONSOf THI rollTKAlll;ffOAMACT Stlt. of c.liforn~ Fair PoIiticll Prldic.s Commission -,l} Semi-Annual Statement of No Activity T,,. or print In ink. STATEMENT OF NO ACTIVITY For use by recipient committees, except controlled committees, that have not received any contributions and have not made any eXf>"nditures during the six-month period covered by a semi-annual statement. Committees controlled by an officeholder or candidate may not us. this form. NOTE: If the committee had, at any time during the year, any outstanding loans made or received. this form may not be used for the semi-annual statement on which the . Annual Report of Outstanding loans. must be completed. RECEIVED Dlte Stlmp '9J 1MR'4 AlO:4 TY OF CfiULA VIST Recipient Committee Information NAME Of COMMITTEE . 1.0. NUMBER NAME Of TREASURER \?O PERMANENT ADDRESS OF TREASURER (NO. AND STREET) P.o. (?,oj( I.t,Cf1 rlty CITY STATE liP CODE STATE liP eODE ~L-'I V/':>T~ ODt:IPHONE NU Bt:R ~ q"1..OI z.. AREA eODEIDA YTIME PHONE NUMBER loA .. '-n_1...- ) I 0 '? II Period of No Activity No contributions have been received and no expenditures have been made during the period covering the dates below: Check one of the following box.s and complete the year. 0" January 1, through June 30,19 q.?) o July 1, through December 31,19 ~ ~ \ ~ "' III Verification I have used all reasonable diligence in preparing this statement. I have reviewed the statement and to the best of my knowledge the information contained herein is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. E'4Kutedon 3/13/95 DAn. At Chula Vista. CA CITY AND STAn ....----""./ //~"~ '/ By .-' ----" /( "/'< t~'<_- ~ SlGNATUM Of TRfASUM"R fOft tNfORMA1K)N REQtHN:D TO If PROVIDED TOVOU I"UftSUANT TOTHE tN'OItMATtONPU.CTICIS ACT Of 1t71, SEI tNfOltMATtON MANUAL ON (AM'AKiN DtSC\O\UM PROVISION\Of THE I'OlITK..... REfORM ACT Stoto of elllforn" foir PoIitiul Proctle.. Cornmioslon Semi-Annual Statement of No Activity Type Of ",Int In Ink. STATEMENT OF NO ACTIVITY Dot. Stamp For use by recipient committees, except controlled committees, that have not received any contributions and have not made any expenditures during the six-month period covered by a semi-annual statement. Committees controlled by an officeholder or candidate may not use this form. NOTE: If the committee had, at any time during the year, any outstanding loans made or received, this form may not be used for the semi-annual statement on which the . Annual Report of Outstanding loans. must be completed. RECEIVED '95 .14 1\10:4 IIV OF CI1LJ~1 VIST Recipient Committee Information NAME OF COMMmn , 1.0. NUMBER NAME OF TREASURER ~ (NO. AND STREETI 2- \ . 0 (NO. AND STREETI PERMANENT ADDRESS OF TREASURER Po CITY l!:,Q)C \.::A, CITY STATE ZIP CODE STATE ZIP CODE ........ 't.. , " "<) LML1LA v I'?'T'A AREA CODEIPHONE NUMBER CA C'-2.-C' \ Z- AREA CODEIDA YTIME PHONE NUMBER I.n,~, ,..L('Z.L-II03 II Period of No Activity No contributions have been received and no expenditures have been made during the period covering the dates below: Check one of the following boxes and complete the year. o January 1, through June 30, 19 Gr July 1, through December 31,19 '"12.. III Verification I have used all reason'llble diligence in preparing this statement. I have reviewed the statement and to the best of my knowledge the information contained herein is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 1/1 1/Q'i DAn At r.hula Vi<;ta, r.A CITY AND \TAn By __ /" ~ _-~ .. l ~/(/ /-c,,;/<<--- 7 ~NATUM Of 1M...SUM. fOf,INfOA......TtON flIlQUlIU:D TO If PROVIOfD TO YOU PUflISUANT TO IHllNfOlMA'tON ......CTKIS ACT Of 1911. Sf( INfOAMAnON MANUAL ON (AMPAKioN DISClOSURE '''OVlStONS Of THI I'(M..lTKAl "(fOllM ACT r '\ Stot. 01 ColifOfnio Fl. PoIitiul Prlrtk.. Commission '" Semi-Annual Statement of No Activity Type or print in 1nIl. STATEMENT OF NO ACTIVITY Dot. Stomp << i" ~~ j ,', f ' <~ ; ~ For use by recipient committees. except controlled committees. that have not received any contributions and have not made any exflt'nditures during the six-month period covered by a semi-annual statement. Committees controlled by an officeholder or candida te may not use this form. NOTE: If the committee had, at any time during the year, any outstanding loans made or received. this form may not be used for the semi-annual statement on which the . Annual Report of Outstanding loans. must be completed. ECEIVED for OffiCIal Use Only "95 1M 14 A10:49 elT OF CHUl.A VIST . Recipient Committee Information NAME Of COMMmu 4 1.0. NUMBER NAME Of TREASURER -tl PERMANENT ADDRESS OF TREASURER (NO. AND STREET) ~o - l2,O)( CITY loq7 CITY STATE ZIP COOE STATE ZIP CODE .w-l~\.A v , SlY\. A ODEIPHONE NUM.fR LA <:1 L01 L AREA CODEIDA YTlME PHONE NUMBER ~Iq- 41-2.. - I \O~ II Period of No Activity No contributions have been received and no expenditures have been made during the period covering the dates below: Check one of the following boxes and complete the year. g January 1, through June 30, 19 C\"L o July 1, through December 31,19 ~ \ ~ ...... III Verification I have used all reasonable diligence in preparing this statement. I have reviewed the statement and to the best of my knowledge the information contained herein is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Ex.cuted on 3/13/95 o....n At Chula Vista. CA CITVANO\TAf[ By /---7 /(/~2<-c?'~~- SlGNATUN. Of TN..SUMJl; fOIl. INfo.MATKHt IUQUIRlD TOlf "OVIDlo TO YOU f'U1t\UANT TO THllNfOflMATtON 1'M{lI{U ACl Of 15111, \U INfORMATION MANUAL ON (AMPAt(,N OI\ClO\UIU PflOIlI\tONiOf THI 'OllTKAL IUfORM ACT Stat. of California fa. PoIitic.1 Pr.ctic.s Commission T,pe II< ",Int In Ink. Independent Expenditure Committee and Major Donor Committee Campaign Statement (Govtrnment Code Sect.onsl4200-14216.5) SEE IN5TRUCTION5 ON REVERSE St.tement cowr. period fr_ I,~ 4'1 throuth NO'l 9'1 Name/Address Of Filer NAME OF FUR (Include ".mee,) of .1I.ffili.ted entities whow contributfons .r. included in this st.tement.) Q.t\.V\ VtSrA F,n..u:I~f1LJ2..S PERMANENT ADDRESS L(){.A I 0 (NO. AND 5TREET) fb. CITV 5TATE liP CODE I 5> 1'A RE5PONSIBLE OFFICER (If ti.., is othtor than an individual) ;J ...., C-,> HILJJl- 2.. . II Naturellnterests FI er (Complete each opplico"" section").) O A FILER THAT 15 AN INDIVIDUAl MlI5T LI5T THE NAME ADDRE55 AND BlI5lNESS INTERE5T5 OF EMPlOYER OR. IF 5ElF.EMPlOVED. THE NAME.ADDRE5S. AND NATURE OF THE BlI5lNESS ..... NAME OFEMPlOYERlBlI51NES5 BU51NESS INTERESTS '" \ " ADDRESS OF EMPLOYERlBlI51NE55 " o A FILER THAT 15 A BlI51NES5 ENnTY MlI5T DESCRIBE THE BU51NESS ACTIVITY IN WHICH IT IS ENGAGED '. . o MILER THAT 15 AN A5SCIClATION MlI5T PROVIDE A 5PECIFIC DESCRIPTION OF iAlNTEREST5 :& 1l~1S J o A FILER THAT 15 NOT AN INDIVIDUAL. BlI51NES5 ENTlTY~ OR AS50CIA TION MUST DESCRIBE THE COMMON ECONOMIC INTEREST OF THE GROUP On ENTITY , , oL.....;. INDEPENDENT EXPENDITURE COMMITTEE AND MAJOR DONOR COMMITTEE STATEMENT D.te Stomp RECEIVED "" 'r"" . ., '.'" f~ l t )~ r '... \ 01 \ D.te 01 election If .pplko....: (Month. D.,. V.or) A For Offici.' Use Only MR'4 A10:49 NOY CI'-I umma~ L (AmountlmO'beroundedto..ca~~K'S OFFICE << I. Expenditures and contributions (including loans) madeofSIOOor S ~fs~. LO more this period (Part V) ........... . . . . .. . . . .. .. - 2. Expenditures and contributions (including loans) under S 100 made this period (Not itemized) ....................... S s rff/ /V 3. Total expenditures and contributions made this period (Add lines I + 2) .... SUBTOTAL 4. Total expenditures and contributions made from prior statement (Enter line 5 of last statement filed. If this is the fint statement for the calendaryeer, enter zero.) ........................ S 5. Total expenditures and contributions (including loans) made to date (since January I of the current calendar year) rd F / 0 (Add lines 3 + 4) ....................... TOTAL S ,. ~ 6. loan5 forgiven and loan guarantees made this period (Enter sum of Part VI, Columns (a) and (b)) .. .. . .. .. .. .. .. .. .. .. .. .. ... S IV Ven icatlon " I have used all reasonable diligence In preparing this statement. I have revl_ed the statement and to the best of my knowledge the information contained herein is true and comDlete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. .\rl E_utedon '3-1.~,qS~ 1~~ At 0..11"'" V IS 1'01\ cP. CITY AND ST ATE o INDIVIDUAL DONOR OR RE5PONSIBLE OFFICER IF OTHER THAN AN INDIVIDUAL fOflINFOIIMATION MOU-D TO" MOVIDID 10 'tOU PUIlISUANt TO 'Hl"'ORMATION NAcncn An Of 'In, Kl WtfOMlA'ION Ma..L&1 0fIf CAM'AIGN DtKlMUM: PMWIIIDNI Of ,.. POlITICAl.,'" ACt 5tote'" C.1l.......,1Ir PGIIIIAI Practke> r:_...h...... r,\ - 5\ Semi-Annual Statement of No Activity Typo 0< print in ink. STATEMENT OF NO ACTIVITY Oilt. Stilmp . . Of v,'; ~ j...,.. ,(' ,*,;6 ~ for Offltiill Use Only For use by recipient committees. except controlled committees, that have not received any contributions and have not made any expenditures during the six-month period covered by a semi-annual statement. Committees controlled by an officeholder or candidate may not USl! this form. NOTE: If the committee had. at any time during the year, any outstanding loans made or received, this form may not be used for the semi-annual statement on which the . Annual Report of Outstanding Loans' must be c.ompleted. JL 12 1\11 :14 ifY OF CHULA Vb ClERK'S om Recipient Committee Information NAIjlEOf COMMITTEE . C/N'LIi t/iS TJt ffl'(jf(;/iT,-X:f ? (JiIT/01 L /1c:.1/V/ J14 ADDRESS Of COMMITTEE &tJ"", , TlL.' d 1.0. NUMBER )]-7)7 03tL NAME Of TREASURER /f! IC 1:> T/t f; C1'5LoX- PERMANENT ADDRESS OF T~EASURER (NO. AND STREET) (NO. AND STREET) C-;(. ZIP CODE 9 ~o6 r IS-I)I> lJ/j-v/S t:.U'/, .t.J ;:rJ fo)/ IP'i7 CITY STATE CITY t/1M h.JJ/1) U{. AREACODEIDAYTIME PHO~E NUMBER STATE ZIP CODE C lJilL.A 1//.5 7J4 . I AREACODEIPHONE NUMBER 92-ot.r ~ /7 - y,l J - 91 () 3 t/9- 7//-06/0 II Period of No Activity No contributions have been received and no e.penditures have been made during the period covering the dates below: Check onl! of thtt following boxes and complete the year. OJ 00 January 1, through June 30,19 7 D July 1, through December 31,19._ ~ , ~ ...... III Verification ,. I have used all reasonable diligence in preparing this statement. I have reviewed the statement and to the best of my knowledge the information contained herein is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. r; ~ /.V't eli / . /I E.eCU.f-J on II '1 I At ~A4-"tI- f rfI' 0 E tl1'YAND\TAT'i /J CP. By.g .//~J~ \lGNATUN Of TNA\UMIl fOR lNfORMA'tON lUQUWO TO IE PllO\lIDfD TO YOU PUIt\UANttOTH( INfOltMATtON I'UCTt((\ ACt Of 1911, "(INfOItMATION MANUAL ON CAMPAIGN DI\ClmUIU P~O\lI\tON\Of THE POUTKAlltffOltM ACT State of c.lifornio fa. PoIiticol PrOdkts Commission Semi-Annual Statement of No Activity Typo or print in ink. STATEMENT OF NO ACTIVITY Doto Stomp ~ '>' '" 7. ~ ). ,~ ,'~Iil i > ~ , . For OfficII Use Only For use by recipient committees, except controlled committees. that have not received any contributions and have not made any ex~nditures during the six-month period covered by a semi-annual statement. Committees controlled by an officeholder or candidate may not use this form. NOTE: If the committee had. at any time during the year, any outstanding loans made or received. this form may not be used for the semi-annual statement on which the . Annual Report of Outstanding Loans. must be completed. RECEI '95 III 1. 1\10:48 Recipient Committee Information NAME Of COMMITTEE , 1.0. NUMBER NAME Of TREASURER Cqv'-A v/';''''' ADDRESS OF COMMITTEE 'ZlgD PERMANENT ADDRESS OF TREASURER (NO. AND STREET) Po CITY (?,.ex (oCt..., CITY STATE ZIPCOOE STATE ZIP CODE "- ~ \ ~ J",q, LjqC;' ~ 'l41o 0il "" \ ~ c-'HVlA v I,>,A AREA CODEIPHONE NUMBER fA L11-C'1 '2- AREACODEIOAYTIME PHONE NUMBER Period of No Activity No contributions have been received and no expenditures have been made during the period covering the dates below: Check one of the following boxes and complete the year. 0'January 1, through June 30,19 C14 o July 1, through December 31,19 III Verification I have used all reasonable diligence in preparing this statement. I have reviewed the statement and to the best of my knowledge the information '. contained herein is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and corr...t. he<.uted on 3/13/95 At Chula Vista, CA CITY...MOUAT( "--'4'T, /~ '// By' - .' "\. ~--;. -c..d~ SKiNATlJR( Of TJtlASUMA OAT( f~I;. NMATION fIlEQUlIUD TO IE PftOVIDID TO YOU PUIIlSUANf TO THE tNf~"'TION H.ACTK[S ACT Of 1171. Ul INfOftMATION MANUAL ON CAMPAIGN D!KlOSUIl.( f'IIIIOVI~ Of THE POlITKAL REfORM ACT \) Stot. of Colifornlo foi, PoIiti(ll P,odic.. Commi..ion COUNCIL AGENDA STATEMENT ITEM TITLE: / f"J n Resolution Adopting Council Policy creating authority for appropriation transfers .... Item I'> Meeting DatI' 1/23/95 SUBMITTED BY: Finance Director~ Budget Manage~ City Manage&" (4/5ths Vote: Yes_NoXX) REVIEWED BY: At the June 27, 1995 City Council meeting during discussions related to adoption of the FY 1995- 96 Budget, Council expressed concern about not being notified of transfers of appropriations between departments and directed staff to return with a proposed policy to establish guidelines and authority for transferring appropriations within and between departments after budget adoption. It is recommended that a Council Policy be adopted which provides for Council approval for all transfers between departments and all transfers greater than $15,000 between summary accounts within departments, and establishes departmental control at the summary accounts level. The proposed Council Policy as well as an Administrative Procedure have been prepared for Council's review. RECOMMENDATION: That Council approve the proposed Council Policy which will provide improved information to Council and greater operational flexibility to departments. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Prior to FY 1995-96, the City Manager and the Director of Finance were jointly authorized to approve transfers of appropriations between line item accounts within departments, and, transfers of appropriations between departments for employee services accounts only. As an historical note, the policy of allowing administrative transfers between departments for employee service accounts began in FY 1983-84 when the city first began to reduce the budget to account for an estimate of salary savings as a result of turnover, and to budget salaries at actual levels rather than Estep. With this practice the larger departments absorb reductions to their actual budgeted salaries, with no reduction in the smaller departments. Transfers were authorized to deal with cases where actual turnover varied from departmental estimates. As part of the Council discussion related to adoption of the FY 1995-96 Budget, Council expressed concern about this transfer policy and directed staff to return with a proposed new policy to establish guidelines and authority for transferring appropriations after budget adoption. /f;/ Page 2, Item 15 Meeting Date 1/?1/Q"i The proposed policy makes several changes to the previous practice. 1. Establishes budgetary control at the summary account level within a department, i.e. Employee Services, Supplies & Services, Capital Outlay, giving departments the flexibility to manage within broader limits, rather than controlling at the individual line item account level. (See detailed discussion that follows under Rl1tlgf't~ry C.ontrol) 2. Requires Council approval for transfers of appropriations between departments, regardless of amount. 3. Requires Council approval for transfers of appropriations greater than $15,000 between summary accounts within a department. 4. Delegates authority to the City Manager for approval of transfers of appropriations for amounts up to and including $15,000 within summary accounts within the same department upon certification by Director of Fi!lance that appropriations are available. 5. As part of the quarterly status reports to Council required by Charter section 504(t), the Director of Finance will provide actual vs. budgetary comparisons by department, as well as projections for the fiscal year. Rl1tlg"t~ry C.ontrol Although the annual budget has been constructed and deliberated upon by Council at the line item expenditure account level (Salaries and Wages, Overtime Postage and Office Supplies), the final budget resolution includes only total appropriations by department. Currently, staff continuously monitors actual expenditures against the adopted budget at the individual line item level. The proposed policy recommends that monitoring of actual expenditures compared to the budget estimates take place at the summary account level. For example, the line item accounts of Salary and Wages, Overtime Wages, and Workers Compensation are all within the summary account of Employee Services, while the line item accounts of Postage, Utilities, and Office Supplies fall within the summary account of Supplies and Services. Controlling expenditures at the summary account level will allow departments to overspend specific line item accounts as needs change during the year. This can be done without requesting additional appropriations or budget transfers, as long as there are sufficient appropriations within each summary account. For example, Department X may spend more than is budgeted for postage as long as they have under-utilized the other line item accounts (Utilities, Office Supplies, etc.) within the summary account of Supplies & Services in an amount sufficient to cover the over 15" ;J- Page 3, Item / f Meeting Date 1171/Q'i expenditure in the Postage account. If there are not sufficient appropriations to cover the needs within the specific summary account, then the appropriation transfer provisions of the policy must be considered. If the transfer amount per each transaction can be covered by other appropriations within the department, and is up to and including $15,000, it would be subject to City Manager approval. If the transfer amount is greater than $15,000 or must be obtained from outside the requesting department, it would require City Council approval. Slll11ry Sllving< During annual budget preparation, staff calculates an appropriate amount of salary savings for large departments. This amount is based on projections of historical data. The term "salary savings" describes the amount of savings from salary and benefit accounts which should occur as a result of normal position turnover. More specifically, the City expects that a certain percentage of employees will leave their jobs for a variety of reasons. From the time the job is initially vacant and a personnel recruitment process is begun, to the time it is permanently filled the city is accruing savings. Rather than assume that we will have full staffing throughout the year, and to budget at that level, we have chosen to identify the likely city-wide turnover amount and apply this reduction to the larger departments, but not the small departments. The total amount reduced city-wide for FY 1995-96 is $532,610. While this budget technique has served us well since it was first initiated in 1983, it is not an exact science. The turnover sometimes occurs differently than we have estimated for each department, while the city-wide total is appropriate. Historically staff has used transfers between departments to correct this problem. However, this option was used very infrequently and is therefore recommended to be suspended on an interim basis. Staff is recommending that we closely monitor the impact of requiring Council approval for all transfers between departments and that we return during FY 1996-97 if there are problems which may need to be addressed. A 1tp.m~tlvp. Optinn~ Staff believes that the proposed policy meets the desires of the Council, departments, and sound financial management practices. If there are further concerns which have not been addressed in this proposed policy, staff will refine this recommendation to meet those concerns. Since it is believed that this recommendation meets the needs of all participants in the budget and finance process, it is not recommended that alternatives to this policy be pursued at this time. Staff will continue to monitor how well this new policy is working and will report on its effectiveness as part of the quarterly fmance report and in the proposed FY 1996-97 budget. Adminidrntivp.. PrnrprlnTp. Attached is a proposed Administrative Procedure to provide additional clarity to staff regarding the implementation of the proposed Council Policy. The Budget Adjustment Request form has 15" ) Page 4, Item Meeting Date 1171/9":' 15 also been revised in order to provide better clarity of requests. FISCAL IMPACT: There is no direct impact with this proposed action. There will be some printing costs associated with the reproduction of new policies and forms which will be absorbed within the existing budget. It is anticipated that with implementation of this policy staff will reduce the number of transfers processed and therefore create staff time efficiencies for all departments. c:\wpdoc8\bdcntrl.a13 /5"f -' RESOLUTION NO. ) nllJ ..-----....... '. \ \ ~ '. II, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING COUNCIL POLICY CREATING AUTHORITY FOR APPROPRIATION TRANSFERS \~J ,~):) --- WHEREAS, at the June 27, 1995 City Council meeting during discussions related to adoption of the FY 1995-96 budget, Council expressed concern about not being notified of transfers of appropriations between departments and directed staff to return with a proposed policy to establish guidelines and authority for transferring appropriations within and between departments after budget adoption; and " )y WHEREAS, it is recommended that a coun~;;;OliCY be adopted which provides for Council approval for transfers between departments and all transfers greater fuan $15,000 within departments, provides for Council notification of any transfers between departments, and establishes departmental control at the summary accounts level; and WHEREAS, the proposed Council Policy and Administrative Policy have been prepared for Council's review. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vistq does hereby adopt the Council Policy creating authority for appropriation transfers attached hereto and incorporated herein by reference as if set forth in f~ 1. APP7ed 1 t,o ~1~ by ( Presented by Y Bruce M. Attorney Boogaa d I\.~/ City Robert Powell, Director of Finance c: \ rs\ budget x . fer 1J',fff-? . .~ . . ,..--:- COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Financial Reporting and Transfer Authority ADOPTED BY: Resolution No. \ ~\ 'll POLICY NUMBER _ I} "Vl _ ();).. I DATED: EFFECTIVE DATE \ ' \\~:, C-.~ PAGE I /:1- \\ '0>. 0,\ c,'" PURPOSE To clarify the authority for budget transfers which may be required to fund needed services in each city department within a given fiscal year. Reference City Charter Section 504.c - The Finance Director shall... have control over all expenditures to insure that budget appropriations are not exceeded... Section 504.f - Submit to the City Council through the City Manager a quarterly statement of a1I receipts and disbursements in sufficient detail to show the exact financial condition of the City... POLICY It is the intent of the City Council that the budget authorization be maintained and that transfers should be limited, and used only when it is necessary to continue the effective operations of the City. This policy shaI1 establish guidelines for detennining the authority level for transfers within departments and among departments. It is the City Manager's responsibility to maintain the integrity of the adopted budget and to allow transfers only as a means for continuing the programs and policies of the City Council as approved via the budgetary process. Department Heads sha1l be held responsible to exercise adequate financial controls to ensure the accomplishment of scheduled work programs within available appropriations. Departments sha1l maintain budgetary control at the summary account level rather than by line item to give increased flexibility of operation. Toward this end, the following guidelines are established: 1. Budgetary control sha1l be established at the summary account level, i.e. Employee Services, Supplies & Services and Capital Outlay, giving departments the flexibility to manage within broader limits, rather than controlling at the individual line item account level. 15'/ i "....-,..... SUBJECT: COUNCIL POLICY CITY OF CHULA VISTA POLICY NUMBER EFFECTIVE DATE PAGE ADOPTED BY: I DATED: 2. Council approval shall be required for all transfers of appropriations between departments, regardless of amount. 3. Council approval shaI1 be required for transfers of appropriations which are greater than $15,000 between summary accounts within a department. 4 The City Council delegates authority to the City Manager for approval of transfers of appropriations up to and including $15,000 between summary accounts within the same department upon certification by Director of Finance that appropriations are available. 5. The City Council shall receive a quarterly status report [required by Charter section 504(f)], from the Director of Finance which provides actual vs. budgetary comparisons by department, as well as projections for fiscal year. Included in this report will be notification of any transfers 9$f'-. !ell departments. evIL ,-" A:I(DH95)\POLICY.FIN (WPWIN60) I~r iir / ADMINISTRATIVE PROCEDURE DATE: January 17, 1996 SUBJECT: ADMINISTRATIVE PROCEDURES FOR APPROPRIATION TRANSFERS I. PURPOSE This procedure describes how the City Council policy on appropriation transfers will be implemented and will provide further administrative regulation of certain specified line item accounts. II. DEFINITIONS A. Summarv Account Cateqories Summary categories of expenses include Employee Services (objects 5101-5199), Supplies & Services (objects 5200-5499) and Capital Outlay (objects 5500-5599). B. Intra-Departmental Summary Account Transfers - Transfer of appropriations within a department from one summary Account Category to another Summary Account Category. Transfers may be from one division to another within the department and still be considered intra-departmental transfers. For example, a transfer of $5,000 from 100- 1040-5201 to 100-1030-5144 would be an intra-departmental summary account transfer since it is between two divisions of the Police Department and from the Supplies and Services summary account category to the Employee Services summary account category. C. Inter-Departmental Transfers A transfer of appropriations between departments. Since it involves more than one department, preparation prior to seeking the City Council approval should involve the Administration and Finance Departments. D. Special Administrative Control Accounts - While City Council Policy provides for budgetary control of expendi tures at the Summary Account level, Administrative Procedure provides additional control for certain designated budgeted line items. For Salaries and Wages (5101); Overtime (5103 or 5104); Hourly Wages (5105); and Travel, Conferences and Meetings (5221), overexpenditure of appropriation will not be allowed for these detail line items. Expenditure beyond the initial appropriation will require a budget transfer approved by the City Manager prior to committing the funds. 15..1 I -' -2- III. PROCEDURE A. For appropriation transfers requiring city Council approval, the department will prepare the appropriate City Council agenda item in sufficient time to secure the approval before any funds are committed. The statement of fiscal impact must indicate that the Director of Finance has determined that the appropriations requested are available. City Council approval is required for the following: 1. Intra-departmental transfers greater than $15,000. 2. All Inter-departmental transfers. B. All requests for appropriation transfers shall be submitted on the Budget Adjustment Request form. 1. Complete the departmental portion of the form, including the Department Head Approval signature. Leave the Finance Approval and Administration Approval sections blank. If City Council has approved the transfer, include the Resolution Number in the space provided on the form. Submit the form to Finance for verification that appropriations are available. 2. Finance will complete the Finance Approval portion of the form indicating if funds are available or not. If funds are available, Finance will forward the form to Administration for approval. If funds are not available, Finance will return the form to the requesting department. 3. Administration will approve or disapprove the request. if approved, Administration will separate the copies and distribute as designated on the form. If disapproved, Administration will return all copies of the form to the requesting department. C. Finance will update the accounting system for all approved budget adjustment requests. 15~J~ CITY OF CHULA VISTA BUDGET AD USTMENT RE UEST DATE: Reminder: Manager approval up to $15,000; if over $15,000, Council approval is required. DEPARTMENT: CONTACT PERSON: TRANSFER FOR: (BriefTitle) FUND DEPT/DIV. OBJECT PROJECT From (-) To (+) JUSTIFICATION/URGENCY: ~ ~ TOTAL DEPARTMENT HEAD APPROVAL: RESOLUTION #: Dismbution - A raval: White: Admin. (BudgetAdjuetment File) Yellow: Recpesting Department He.!. Pink: Finance Director FINANCE APPROVAL (Availability of Funds) ADMINISTRATION APPROVAL D Approved D Disapproved Date: Comments: Director of Finance D Approved D Disapproved Date: Asst. City Mgr./City Mgr. Comments: FonnA-136Rev.8/95 COUNCIL AGENDA STATEMENT SUBMITTED BY: Item / " Meeting Date 1/23/96 R I. Irlj,z,A . A . h Y B 'th . eso utlOn pprovmg greement Wit oumans, ral waite and Rechif, for the Provision of Lockbox Services for Sewer Billing and Approving an Appropriation Transfer Director of Public Works ~ ITEM TITLE: REVIEWED BY: City Manager (4/5ths Vote: Yes_NoX) fl ~-tl :r b On May 9, 1995, staff submitted a report to the City Council discussing a proposed assumption of billing responsibility for sewer service by the City. This proposed assumption of billing was initiated because of the Sweetwater Authority's expression, over a period of years, to the City of its intention to cease providing this billing service. Council's direction on May 9 was to pursue the establishment of this billing operation, and a Memorandum of Understanding on the subject between the City and the Sweetwater Authority was subsequently approved by both agencies. Part of the billing operation included contracting out lockbox services. RECOMMENDATION: That Council approve this resolution approving an agreement with Youmans, Braithwaite and Rechif for the provision of lockbox services for sewer billing and approving an appropriation transfer. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable, DISCUSSION: As discussed in the May 9, 1995 Council Agenda statement, the City currently does not have the staff or equipment necessary to perform the tasks associated with remittance processing (lockbox services) for the approximately 15,700 City customers currently billed for sewer service by the Sweetwater Authority, The lockbox service includes the tasks of opening remittance envelopes, processing payments, balancing payments against billed amounts, delivering deposits to the City's bank and submitting reports on the amounts collected. It was estimated at that time that annuallockbox services would cost $28,880 and that start-up costs would be about $1500. A Request for Proposals (RFP) was prepared for the performance of lockbox services for sewer service billing. Three firms submitted proposals and were interviewed by the selection committee, which consisted of Louie Vignapiano, Director of Management and Information Services; Nadine Magee, Collections Supervisor; Elizabeth Chopp, Civil Engineer; and Christl /~,/ Page 2, Item I V Meeting Date 1/23/96 Reisch, Principal Customer Service Representative of the Helix Irrigation District. The interviewed firms were ranked on the basis of (1) expertise and experience in performing similar work, (2) qualifications of key personnel, (3) ability to fulfill contract requirements, (4) strength of presentation, and (5) cost of contract. Their ranking was as follows, along with the City in which their offices are located and overall cost of proposal as adjusted to provide comparable items: I. FiServ Solutions, Inc. (FiServ): Main offices in Brookfield,Wisconsin, Regional offices in San Diego, work to be done in San Diego. Annual cost =$35,232. 2. First Interstate Bank (1st Interstate): Main offices in Los Angeles, work to be done in Los Angeles. Annual cost=$60,060. 3. Youmans, Braithwaite & Rechif (YBR): Offices in Chula Vista (Bonita), work to be done in Bonita. Annual cost=$21,144 (in their original proposal). In an updated proposal, as discussed below, the annual cost would be $28,260. Because of staff's inexperience with this type of project, we placed a high priority on the expertise and directly related experience of the contract service providers. Based on this concern, YBR was originally rated lower than FiServ and First Interstate, even though these two proposals reflected higher costs. Both FiServ and 1 st Interstate have lockbox operations as primary interests and both are well known to be reliable in this area. The original proposal of Youmans, Braithwaite & Rechif contained the lowest cost at $0.12 per item processed. However, all the costs involved (such as per check bank charges and post office box charges) were not included. In an updated proposal, as noted above and further discussed below, the cost of the project has increased to approximately $28,260. This cost is still significantly lower than that of either FiServ or I st Interstate. YBR initially was not rated as highly as the other two proposers because of the following: 1. Expertise. Most of YBR's lockbox services have been for hospitals, and have not involved a large ongoing customer database the size of the City of Chula Vista's sewer customers. 2. Timeliness. Staff was initially concerned after interviewing the company representative that it would be very difficult for them to consistently process all remittances within 24 hours. However, they have subsequently indicated that same-day processing is reasonable for them and will commit to that level of service. We understand from two of YBR's current clients for whom they provide lockbox services that these services are reliable and timely. However, the clients' demands for processing time are in the range of one week rather than same day. It ,;2. rJ - , Page 3, Item / V Meeting Date 1/23/96 3. No automated processing. All data is proposed by YBR to be manually input, rather than through optical scanning. This was considered to be less efficient and staff was concerned that it would result in a greater number of errors. However, our volume of items to be processed was also lower than the threshold for automated processing by 1st Interstate, and their proposal also included manual processing. During negotiations with the first rated firm (FiServ), several issues arose in which agreement was very difficult to achieve. These issues included FiServ's insisting upon the payment of liquidated damages to the vendor in the event the City canceled their contract for convenience of the City, the Fair Political Practices requirement contained in the agreement as a standard City clause, and responsibility for the items to be processed (checks, payment coupons and reports) while in the custody of the courier. After approximately ninety days of working with FiServ to try to reach an agreement, staff decided to suspend those negotiations. Staff inquired, on January 3, 1996, as to the willingness of 1st Interstate and YBR to extend the effectiveness of their proposals. 1 st Interstate was willing to extend its proposal. However, they were not willing to provide a lower processing rate than was originally offered, which resulted in their $60,060 initial proposal. Negotiations with 1st Interstate were therefore suspended because of their high cost. YBR submitted an updated proposal, which we received on Jan.8, 1996. This updated proposal includes a revision in costs based on their commitment of resources, which were excess at the time of their original proposal, to other projects. The revised YBR proposal provides for a cost per payment -to-be-processed of twenty cents per unit of one check and payment coupon if their own personnel or a non-bonded courier can provide courier services. With this revision, their proposal provides for an annual cost of approximately $28,260. This amount includes per check charges which the City will be charged by our bank for encoding of the payment checks from the sewer users. The cost of renting a post office box (approximately $450 per year) would be additional with this proposal, as it would have been with either of the other proposals which were submitted. In checking the references provided by YBR, staff was advised that this firm has been reliable and timely in providing similar services to other clients. While these clients generally have smaller numbers of items to be processed, the work is similar to that involved in Chula Vista's sewer billing. We believe that YBR's small size will provide a more flexible working relationship than we have encountered with either of the higher rated proposers, and as a local firm, they are also very accessible. The recommended agreement with YBR has a term of one year, with an option for the City to extend it for up to four additional one year terms. It also provides for increases in compensation with each extension of the agreement to as much as the Consumer Price Index, up to a maximum of 5 % . This proposed agreement also provides that it may be canceled for the convenience of the City upon thirty day notice with no penalty or liquidated damages, as well as providing for termination for cause with five day notice. In the event that such I" rJ !').f' Page 4, Item I" Meeting Date 1/23/96 cancellation should become necessary, staff could assume the work on a temporary basis until a new contractor could be identified and retained. Based on staff's projected volumes of items to be handled annually (as shown in the RFP), the annual estimated cost the first year would be $28,260. Actual costs will depend on the number of bills to be processed per month. The original estimate of costs for this contract, provided to Council with the May 9, 1995 report on sewer billing, did not include costs associated with post office box rental. We now understand this cost to be $450 per year, but it was assumed by staff when the earlier report was prepared that the cost of the post office box would be included in the per-remittance processing cost. Consequently, the annual contract amount of $28,260 plus $450 ($28,710) is slightly lower than the amount of $28,880 estimated in May 1995. While the lockbox contractor will be handling all mail-in payments, the Finance Department will be accepting walk-in payments and the Engineering Division will be processing these payments for customer convenience. The Finance Department currently has mainframe terminals at its front counter but no microcomputer at that location. Without a microcomputer to access the sewer billing program, citizens trying to pay their sewer bills without their account numbers or payment stubs would wait in line at the Finance Front Counter to pay, only to learn that they needed to go to the Engineering Division to get their account information and then come back to Finance to pay their bills. A transfer of appropriations of $2,000 from Account 225-2250-5202 to Account 225-2250- 5560 is therefore recommended to purchase a microcomputer for the Finance Department front counter. This equipment would increase overall efficiency and greatly enhance customer service for those citizens paying their sewer bills in person. These funds were originally appropriated for the lockbox contract but are no longer needed because of the later than anticipated start date. Approval of this contract will not affect any customers of the Otay Water District or any of the City's customers who are presently billed for sewer service on their tax bills. FISCAL IMPACT: A total of $1000 in start-up costs and $28,900 for annual costs has been appropriated from Fund 225 (Sewer Revenue Fund) in Account 225-2250-5202. Since no startup costs are required with this contractor, the contract will cover approximately four to five months in Fiscal Year 1995-96 at an estimated cost of $9,420 to $11,780, and the appropriation transfer carries a one time cost of $2,000, sufficient funds are available in this account. M:lhomelengineeringlagendaIYBR2.113; (KY081-0790-55) REV. Jan. 17, 1996 It.-t( RESOLUTION NO. ) n, :z RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT WITH YOUMANS, BRAITHWAITE AND RECHIF, FOR THE PROVISION OF LOCKBOX SERVICES FOR SEWER BILLING AND APPROVING AN APPROPRIATION TRANSFER WHEREAS, on May 9, 1995, staff submitted a City Council discussing a proposed assumption responsibility for sewer service by the City; and report to the of billing WHEREAS, Council directed staff to pursue the establishment of this billing operation, and a Memorandum of Understanding on the subject between the City and the Sweetwater Authority was approved by both agencies and part of the billing operation included contracting out lockbox services; and WHEREAS, a Request for Proposals (RFP) was prepared for the performance of lockbox services for sewer service billing with three firms submitting proposals who were interviewed by the selection committee; and WHEREAS, these firms were ranked as follows: 1. FIserv Solutions, inc. (FIserv) 2. First Interstate Bank 3. Youmans, Braithwaite & Rechif (YBR) WHEREAS, YBR submitted an update proposal which was received on January 8, 1996 which proposal includes a revision in costs based on their commitment of resources, a cost per payment- to-be-processed of twenty cents per unit of one check and payment coupon if their own personnel or a non-bonded courier can provide courier services; and WHEREAS, with this revision, their proposal provides for an annual cost of approximately $28,260; and WHEREAS, in checking YBR's references, staff was advised that this firm has been reliable and timely in providing similar services to other clients and recommends a one year agreement with YBR with an option for the city to extend it for up to four additional one year terms. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve an Agreement with Youmans, Braithwaite and Rechif for the provision of lockbox services for sewer billing, a copy of which is on file in the office of the City Clerk as Document No. It -f' 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 sum of $2,000 is hereby reappropriated from Account 225-2250-5202 to Account 225-2250-5560 to purchase a personal computer for the Finance Front Counter in order to increase overall efficiency and greatly enhance customer service for those citizens paying their sewer bills in person. Presented by John P. Lippitt, Director of Public Works C:\rs\fiserv.sew It 'I- Agreement between City of Chula Vista and Youmans, Braithwaite & Rechif for Remittance Processing Services This agreement ("Agreement"), dated January 23, 1996 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the City of Chula Vista issued an RFP in July, 1995 for remittance processing services associated with sewer billing; and, Whereas, Consultant was able to provide the services included in this contract at the lowest cost of any of the respondents and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) M:\HOME\ENGINEER\SEWER\YBOAGT 001 REV. JAN. 17, 1996 Page 1 /~-? Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services M:\HOME\ENGINEER\SEWER\YBOAGT 001 REV. JAN. 17, 1996 Page 2 It~8'" In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categor- ies, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage") M: \HOME\ENGINEER\SEWER\YBOAGT. 001 REV JAN. 17, 1996 Page 3 ;" - j If<J Errors and Omissions insurance, in the amount set forth in Exhibit AI Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated M:\HOME\ENGINEER\SEWER\YBOAGT.OOl REV. JAN. 17, 1996 Page 4 /~-/P "r" by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"], then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a M: \HOME\ENGINEER\SEWER\YBOAGT. 001 REV. JAN. 17, 1996 Page 5 It. ./1 basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall be for a term of one year commencing on the effective date of agreement. The contract may be extended for up to four additional one year terms at the option of City with the concurrence of Consultant. Should Consultant not concur with such extension, Consultant shall provide City with six months written advance notice of intention to terminate. 5. Liquidated Damages M: \HOME\ENGINEER\SEWER\YBOAGT. 001 REV. JAN. 17, 1996 Page 6 II, "./~ The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the Consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. M:\HOME\ENGINEER\SEWER\YBOAGT 001 REV. JAN. 17, 1996 Page 7 IJ ,./:J , , 1/ 7 Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property M: \HOME\ENGINEER\SEWER\YBOAGT. 001 REV, JAN. 17, 1996 Page 8 I/' -Ii{ which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, M;\HOME\ENGINEER\SEWER\YBOAGT 001 REV. JAN. 17, 1996 Page 9 ~-/~ agents, or employees. not be limited by any Consultant. Consultants' indemnification of City shall prior or subsequent declaration by the 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other M: \HOME\ENGINEER\SEWER\YBOAGT. 001 REV. JAN. 17, 1996 Page 10 It ,-If, materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services M:\HOME\ENGINEER\SEWER\YBOAGT 001 REV. JAN. 17, 1996 Page 11 j~-I? required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement M:\HOME\ENGINEER\SEWER\YBOAGT 001 REV. JAN. 17, 1996 Page 12 /~-/~ , j of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. M: \HOME\ENGINEER\SEWER\YBOAGT. 001 REV. JAN. 17, 1996 Page 13 /J. -/7 'j E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] M: \HOME\ENGINEER\SEWER\YBOAGT. 001 REV. JAN. 17, 1996 Page 14 JJ, '"lP .' , , '. Signature Page to Agreement between City of Chula Vista and Youmans, Braithwaite and Rechif for Lockbox Processing Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: 19 City of Chula Vista by: Shirley Horton, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: Bruce M. Boogaard, City Attorney Dated: Youmans, Braithwaite and Rechif By: Richard H. Rechif, Jr., General Partner M: \HOME\ENGINEER\SEWER\YBOAGT. 001 REV. JAN. 17, 1996 Page 15 II, ',;../ I,') Exhibit List to Agreement (X Exhibit A. (X Exhibit B: Remittance Processing Services M: \HOME\ENGINEER\SEWER\YBOAGT. 001 REV. JAN. 17, 1996 Page 16 /J. ~)... -/ -~-' Exhibit A to Agreement between City of Chula Vista and Youmans, Braithwaite & Rechif 1. Effective Date of Agreement: January 23. 1996 2. City-Related Entity: (X ) City of Chula 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: [insert business form] , a ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Youmans, Braithwaite & Rechif 5. Business Form of Consultant: ( Sole Proprietorship (X Partnership ( Corporation M: \HOME\ENGINEER\SEWER\YBOAGT. 001 REV. JAN. 17, 1996 Page 17 /~;~J 6. Place of Business, Telephone and Fax Number of Consultant: 4045 Bonita Road, Third Floor Bonita, CA 91908-0605 Voice Phone (619) 479-8728 Fax Phone (619) 479-2505 7. General Duties: Consultant will provide lockbox remittance services to perform processing of sewer payment service charges as billed by the City of Chula Vista. 8. Scope of Work and Schedule: A. Detailed Scope of Work: See Exhibit B B. Date for Commencement of Consultant Services: (X ) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Deliverable No.2: Deliverable No.3: D. Date for completion of all Consultant services: See Term, Section 4 of Agreement 9. Insurance Requirements: (X ) Statutory Worker's Compensation Insurance M: \HOME\ENGINEER\SEWER\YBOAGT. 001 REV. JAN. 17, 1996 Page 18 M~{ (X ) Employer's Liability Insurance coverage: $1,000,000. (x) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage) . Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage) . () Bonded Courier Service (X) Fidelity Bond $1,000,000 10. Materials Required to be Supplied by City to Consultant: N/A 11. Compensation: A. ( ) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee B. Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth . Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless M: \HOME\ENGINEER\SEWER\YBOAGT. 001 REV. JAN. 17, 1996 Page 19 ~,~~ , City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3 . $ C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: 1. () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation") . 2. Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. M: \HOME\ENGINEER\SEWER\YBOAGT. 001 REV. JAN. 17,,1996 Page 20 It "',1." )/- Rate Schedule Category of Employee of Consultant Name Hourly Rate Hourly rates may increase by 6% for services rendered after [month], 19 ,if delay in providing services is caused by City. D. processed the scope (x) Other: Reimbursement shall be $0.20 per check and deposited. This covers all services included in of work except as indicated in Section 12 below. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: () 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: M:\HOME\ENGINEER\SEWER\YBOAGT 001 REV. JAN. 17, 1996 Page 21 ~~~? P.O. Box, not to exceed $37.50jmonth: 13. Contract Administrators: City: Elizabeth Chopp, Civil Engineer, Dept. of Public Works Consultant: David R. Braithwaite, Partner 14. Liquidated Damages Rate: ( $ per day. (X Not Applicable 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict. of Interest Code: (x ) Not Applicable. Not an FPPC Filer. FPPC Filer Category No.1. income. Investments and sources of Category No.2. Interests in real property. Category No. property and regulatory, department. 3. Investments, interest in real sources of income subject to the permit or licensing authority of the Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. M: \HOME\ENGINEER\SEWER\YBOAGT. 001 REV. JAN. 17, 1996 Page 22 /~',,2.r Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Category NO.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: Courier Service 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (x Monthly ( Quarterly ( Other: B. Billing: Day of the Period for submission of Consultant's ( ) First of the Month ( 15th Day of each Month ( End of the Month (x Other: First week of the following month M: \HOME\ENGINEER\SEWER\YBOAGT. 001 REV. JAN. 17, 1996 Page 23 /J, ; ,2.1 (/ C. City's Account Number: 225-2250-5202 19. Security for Performance Performance Bond, $ Letter of Credit, $ Other Security: Type: Amount: Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: Retention Percentage: % Retention Amount: $ Retention Release Event: Completion of All Consultant Services Other: M: \HOME\ENGINEER\SEWER\YBOAGT. 001 REV. JAN. 17, 1996 Page 24 /J,..JP ) EXHIBIT B REMITTANCE PROCESSING SERVICES In accordance with the terms of this Remittance Processing Agreement with City of Chula Vista (City), to which this is Exhibit "B", Youmans, Braithwaite & Rechif (Consultant) will furnish remittance processing services to City with the procedures described below. 1. COLLECTION OF LOCKBOX REMITTANCES On each business day (excluding Saturdays, Sundays, and holidays), Consultant will collect from the U.S. post office box and drop box located on City's premises (hereinafter collectively referred to as "lockbox") the contents in conjunction with this Agreement. The lockbox contents shall be collected and delivered to Consultant's premises by 10:30 a.m. of the same business day unless advance notice is provided to and concurred in by City. Consultant will open the envelopes contained in such lockbox, remove, and inspect the enclosures (payment "coupons" and payment "checks") in such envelopes and, after such inspection, process such enclosures as provided below and in the remaining Sections of Exhibit "B" of this Agreement. All envelopes received each business day will be processed that same day. All items returned to City will be delivered to the City by 10:00 a.m. the following day and will become the responsibility of the City. Payments shall be processed in accordance with the following stipulations: processed deposited a.) MISSING DATE: as of the date they by Consultant as an All undated checks will were collected from the acceptable payment. be lockbox and b.) POSTDATED CHECKS: Checks dated after the date they are collected from the lockbox, or postdated check(s) that would not be paid on presentation, will be processed and deposited by Consultant as an acceptable payment. M: \HOME\ENGINEER\SEWER\YBOAGT. 001 REV. JAN. 17, 1996 Page 25 Ii. ~ J I c.) STALE DATED CHECKS: Checks dated six months or more prior to the date they are collected from the lockbox will be processed and deposited by Consultant as an acceptable payment. d.) DIFFERING AMOUNTS: Checks on which the written and numeric amounts differ will be processed and deposited by Consultant by the numeric amount of the check only. They will be considered acceptable payments. e.) SIGNATURE MISSING: Checks which do not bear the drawer's signature and do not indicate the drawer's identity will be processed and deposited by the Consultant as an acceptable payment. f.) DIFFERING CHECK AND COUPON AMOUNT: Checks which are found to be written for amounts which differ from the amount listed on the enclosed payment coupon will be processed at their written value (numeric) and deposited, except when the written amount is more than twice the amount listed on the payment coupon, the check and payment coupon will be returned to City. g.) CITY CORRESPONDENCE: Any envelopes collected from the lockbox which contain correspondence will be sent to City for handling. The enclosed payment coupon and check will be processed and deposited by Consultant. h.) CASH REMITTANCES: All payments made partially or wholly in cash will be returned to City with the associated coupon and envelope and a note of the cash amount signed by two Consultant staff members. I) DIFFERING PAYEES: Checks which are made payable to a party other than (list of DBA or acceptable names to be provided) will not be deposited, and instead returned to City. 2. PROCESSING ACCEPTABLE PAYMENTS From the payment coupons collected from the lockbox by Consultant, Consultant shall retrieve such payment information as may be necessary for the proper accounting of the payments and M: \HOME\ENGINEER\SEWER\YBOAGT. 001 REV. JAN. 17, 1996 Page 26 I~-J~ shall transmit this information, through the telephone lines or by such other means as City and Consultant may agree to, to City's data processing system by 10:00 a.m. on the business day following the receipt of such items unless advance notice is provided to and concurred to by the City. 3. PROCESSING OF ACCEPTABLE CHECKS From the payment checks collected by Consultant, Consultant shall balance payment checks to payment coupons. The checks will then be deposited to City's bank account or accounts on the same business day that such payments are collected and received by Consultant. 4. COURIER SERVICE The parties hereto acknowledge that it will be necessary to make arrangements for the transport of items, records, and other data from City to Consultant, from the Post Office to Consultant, from the Consultant to City's bank, and after Consultant has provided the SERVICES, selected items, records, and data must be transported from Consultant to City. The parties further acknowledge that the cost of such transportation shall be the sole responsibility of Consultant. It is understood and agreed that Consultant shall have liability and responsibility for such items, records, and data from the time they have left the Post Office or City's premises until the time that the acceptable checks have been deposited at City's bank and the remaining items, records and data have been delivered to City. 5. POST OFFICE BOX City shall be named on post office rental agreement. Consultant will be authorized as its agent for pick-up from this post office box. M: \HOME\ENGINEER\SEWER\YBOAGT. 001 REV. JAN. 17, 1996 Page 27 ~rJJ ,I ~I 6. PRICE SCHEDULE ADJUSTMENTS The price set forth in Exhibit "A" may be subject to adjustments effective On the effective date of each extension to the agreement. The maximum of such adjustments shall be the rate of growth, over the previous twelve (12) months, in the Consumer Price Index for all Urban Households -- San Diego, published by the United States Department of Labor, Bureau of Labor Statistics, up to a maximum of five percent (5%) 7. Checks shall be marked in a manner that will enable them to be matched to the account for which payment is being made. This information will needed in the event that the payment check and payment coupon become separated. A check imprinted with the same address as the billing or service address or the account number written on the check by the payer are sufficient for meeting this requirement. M:\HOME\ENGINEER\SEWER\YBOAGT.OOl REV. JAN. 17, 1996 Page 28 /t'~'f Agenda Item Meeting Date /'7 1/23/96 COUNCIL INFORMATION DATE: January 18, 1996 Honorable Mayor and city co~ncil ~I John D. Goss, city Manager-..J4 bvX'iJ'1J\ Robert W. Powell, Director of ~inance~. ~ John Lippitt, Director of Public Works ~ TO: VIA: FROM: SUBJECT: CONTRACT FOR PRINTING AND MAILING SERVICES During the regular Council meetings on January 9, 1996 and January 16, 1996, there was considerable discussion of this item which recommends awarding a contract for printing and mailing services to Eye/comm, Inc. At both of those meetings, another proposer, Matmail, Inc., distributed revised cost figures which were somewhat lower than those included in their official proposal, and asked tc be awarded the contract based on the lower figures and the fact that they are located in the South Bay. Staff's response has been that the revised cost figures submitted by Matmail were flawed leaving Eye/Comm as the proposer offering the lowest cost and also rated as best qualified to provide quality service to the city. Council asked that staff further review these materials, hold additional discussions with Matmail, and return with the results. Staff continues to support the selection committee's recommendation to award the entire contract to Eye/Comm since subsequent review has not disclosed any shortcomings in the evaluation process. Although staff is sensitive to the idea of favoring local businesses when all other factors are considered equal, we have concluded that all other factors, i.e. experience, cost, etc., are not equal in this case. The remainder of this report includes additional information which we hope will assist the Council in making an informed decision on this issue. Proposed Cost Staff again met with two representatives of Matmail on Wednesday, January 17, 1996. Attachment I is a schedule which reflects the cost figures that both staff and Matmail agree are an accurate representation of their proposal after a $5,400 reduction for obvious errors in their interpretation of certain request for proposal requirements. These figures continue to show that Eye/Comm's is the lowest cost proposal by approximately $3,845. The postal rates used to compute the postage costs for the Daily Mail category in the schedule are reflective of the actual mail aCLivity for the month of August, 1995, ~nich consisted of 88.3% First Class Presort, 2.3% First Class - Cfrrier Route, 8.6% Flats, /7-1- ( I >..t CITY MAILING PROCESS - 2 - January 18, 1996 and 0.8% UPS. There was no mail that qualified for the less expensive DDU rate during this month, but it was verified that either vendor chosen could qualify for such a rate. Since the issue was raised last week, only the First Class - Carrier Route mail category, comprising only 2.3% of the mail for August would be delivered directly from Chula Vista, and not have to be routed first through the Postal Service processing center in the Carmel Mountain area of San Diego. In any event, either proposer could deliver this type of mail directly to the Chula vista Post Office, so this is not considered a factor in the evaluation. Another important cost consideration and a requirement listed in the request for proposal that bears mentioning is the ability of the city's service provider to continue to qualify for the lowest available postage rates. In simple terms, there is currently a Postal Service proposal referred to as "reclassification" which would allow only the most automated companies to qualify for the lowest postage rates. If this proposal were to be implemented today, Zipsort, the subcontractor included with Eye/Comm's proposal, would qualify immediately. Although Matmail was not penalized in the evaluation for not meeting this criteria, in order for them to qualify for these rates on the daily mail and meet the same day service requirement, they would have to make a substantial investment in new equipment and gain experience in it's use. Oualitv of Service As previously discussed, cost was only one of several criteria considered by staff in arriving at a recommendation for this service contract. The other c:iteria all focused on the proposer's ability to provide a consistently high level of service, and included such considerations as number and experience level of employees, experience in providing like services to other entities, and quality of references from other entities for which they have provided like services. Attachment II is an excerpt taken from the request for proposal which lists the selection criteria considered by the selection committee. Since the City is venturing into unknown territory in taking over the sewer billing process which will impact some 15,000 city residents, there is very good reason for the heavy emphasis on experience and expertise in the printing and mailing aspects to be covered by this contract. Eye/Comm, Inc., the proposer submitting the lowest cost proposal, was also rated by the selection committee as the proposer most likely to provide the highest level of service to the city. Their top level managers have a combined total of 60 years in printing and direct mail experience and all references reported excellent service. Eye/Comm is proposing to subcontract the daily mail processing to zipsort, Inc., the largest mailing contractor in the region, who also received excellent references. 17-/-,;1" ~ ,J ..-.,~ CITY MAILING PROCESS - 3 - January 18, 1996 Matmail was rated last by the selection committee as the proposer least likely to provide a high level of service to the city. This rating was based on their lack of successful long-term experience in the data management and printing functions, as well as relatively poor references on their mail processing. since Matmail has been handling the City's outgoing mail since February, 1994, we also are well aware of their capabilities in mail processing. While the City has saved money on postage during this period, we have also experienced an unacceptable level of problems with mail delivery, directly attributable to Matmail. The major complaint from departments and the public has been the untimely receipt of time sensitive mail, such as public hearing notices. Although per agreement, mail is to be postmarked and delivered to the post office the same day as picked up by Matmail, this has all too often not been the case. Although several meetings have taken place with Matmail to inform them of these problems, little improvement has been noticed. wi th this less than impressive track record in processing the City's mail, which is the function with which this company has the most experience, the committee was justifiably reticent to rate highly their ability in the relatively new functions of data management and printing. Other There were also several comments made during the January 16 discussion of this item indicating that awarding the contract to another firm would be taking current business away from Matmail. For clarification, it should be noted that the contract under consideration includes five different items, only one of which, the daily mail, is currently under contract with Matmail. with the exception of the sewer billing, which is new, the business licenses, Chula Vista Quarterly, and Open Space District meeting notifications are all done currently by companies other than Matmail. Dl: \dA!.:l \memos \direclor\mAj]6. c c l7-1-~ ATTACHMENT 1 PRINTING , MAILING PROPOSAL COST EVALUATION SUMMARY SEWER BILLING one-time set-up supplies , Services Estimated postage Total Sewer Billing BUSINESS LICENSE RENEWAL services Estimated postage Total Business Licenses CHULA VISTA OUARTERLY services Estimated postage Total Quarterly OPEN SPACE DISTRICT MTGS POSTCARDS supplies , Services Estimated postage Total Postcards LETTERS supplies , services Estimated postage Total Letters Total open Space DAILY MAIL First Class up to 3 oz. Flats (first class, bulk) Other Classes , Misc. Total Daily Mail TOTAL ANNUAL PROPOSAL (assumes same postage rate except daily mail) EYE/COMM MATMAIL WESTERN GRAPHICS 150 23,191 23.927 o 19,028 23.927 250 30,133 23.927 $54,310 $47,268 $42,955 504 3.151 483 3.151 572 3.151 $3,655 $3,634 $3,723 2,544 $15.600 3,600 $15.600 $19,200 2,849 $15.600 $18,144 $18,449 412 1.790 250 1.790 1,366 1. 790 $2,202 $2,040 $3,156 836 2.580 1,620 2.580 1,232 2.580 $3,416 $4,200 $3,812 $5,618 $6,240 $6,968 83,652 81,829 83,652 27,381 37,697 27,381 4.590 2.598 4.590 $115,623 $122,124 $115,623 $190,308 $194,153 $199,073 17-1-1 ATTACHMENT 1 VI. CONTRACTOR SELECTION The City has developed an oli>>jective evaluation criteria to assist in the evaluation and selection of this contractor. The evaluation criteria includes. but is not limited to the following (no particular order): A. Ability to fulfill the requirements of the requested Scope of Contractor Services. B. References and experience. C. Qualifications and expertise of key personnel. including subcontractors if utilized. D. CostlFee Schedule. E. Completeness of the proposal and responses to the items presented in this Request for Proposal. F. Company Iteam stability. The City may request additional information during the evaluation process. 17-/ - 5 ATTACHMENT 2 ATTACHMENT 2 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: Item L Meeting Date 01/23/96 RESOLUTION /8'If'S'APPROPRIATING $12,000 FROM THE GENERAL FUND FOR SPONSORSHIP SUPPORT TO ELITE RACING, INC. FOR THE TOUR DE SOUTH COUNTY BICYCLING EVENT THAT WAS HELD ON JULY 16, 1995 SUBMITTED BY: Director of Community Development ( _'7 . Budget Manager Director of Parks and Recreation REVIEWED BY: City Manage~~~ (4/Sths Vote: Yes -X- No_) BACKGROUND: In February 1994, Elite Racing, a professional sports marketing and management company sent a request to the City to fund a bicycling event for the South County, the "Tour de South County" in the amount of $12,000 in sponsorship support and $3,000 for in-kind benefits. The bicycling event would be similar to the successful North County event, the "Tour de North County". The request was conceptually approved by a joint Council/Agency meeting on March 15, 1994 and finally approved by Council/Agency on March 22, 1994 (Attachments "A" and "B"). For the July 1995 event, all parties involved agreed to provide in-kind staff support for the event. Elite Racing set up initial meetings with the Police Department, the Parks and Recreation Department, and the City's Public Information Coordinator. Elite Racing was meeting weekly with Parks and Recreation staff to coordinate the event. During this process Elite Racing did not bring up the issue of a City funding donation for the 1995 event. A formal contract was never executed by either party. Staff has requested that Elite Racing provide information to the Council regarding the issue of proceeding with the 1995 race event even though funding for the event was not approved by the City. Given that the "Tour" was held on July 16, 1995, and Elite Racing is now requesting a donation in the amount of $12,000 for sponsorship support, staff requested clarification from Elite Racing as to their understanding of the issue (Attachment "C"). Staff was under the impression that Elite Racing acquired adequate corporate sponsorships and did not require funding. Obviously, this was not the understanding of Elite Racing. RECOMMENDATION: That the Council adopt the Resolution approving funding retroactively in the amount of $12,000 for Tour de South County and appropriating funds therefor. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Elite Racing, Inc., a professional sports marketing and management company conducted a large- scale, family oriented bicycling event which was held on July 16, 1995. The ride was a fund 1<6-{ Page 2, Item Meeting Date 1/23/96 ralsmg event, and one of the sponsors, McMillin Development Company, donated $5,000 to support At-Risk Youth Programs sponsored by the Chula Vista Youth Coalition. Elite Racing is the firm that has successfully coordinated the Arturo Barrios \OK at the Bayfront since 1990, and has a proven track record for conducting other successful sporting events around the country, several of which are televised nationally each year. The "Tour de South County" event is organized and conducted similar to another event that has been conducted by Elite Racing for the past nine years in Vista, the "Tour de North County". The north county event has raised more than $180,000 for community charities in the past nine years. Staff expects that, should the event continue to be successful in the South County, that the city's youth-serving agencies would continue to benefit on an increased level during future years. The "tour" ride is designed as a family-oriented fun cycling event, and is not a bicycle race. There is a choice of 5, 12, 25, 50, and 75 mile tours, in addition to an off-road mountain bike course. All rides start in the eastern portion of the City and move along routes in various areas of the City. The event culminates with a large celebration, including entertainment and refreshments, at the finish area. Elite Racing confirmed that approximately 1,500 individuals participated in the event this year. The event was promoted through the distribution of entry forms, and by way of local and regional newspaper, radio, and television converge. Elite Racing received a sponsor commitment from McMillin Development Company for $20,000 and almost $25,000 from other contributors. The Chula Vista Youth Coalition supported the operation of the event in 1994 and 1995. The Youth Coalition emphasized their support through the participation of a large number of individuals volunteering at the event. The City benefits from this event in several ways. The event, by nature, attracts participants from all over Southern California, exposing them to the beauty of the eastern areas of the City. The City is also listed as a major event sponsor on all event publicity, entry forms, participant bibs, T-shirts, etc. The public gains an awareness of the EastLake Business Center, Chula Vista's Rancho del Rey Commercial and Business Center, and the Olympic Training Center. Post race events provided an opportunity for many local groups to display information regarding available services, such as youth-providing services and community social service agencies. Initial meetings with the sponsor have involved the Police Department, the Parks and Recreation Department, and the City's Public Information Coordinator. All parties involved have voiced support for the event. Ideally, this "tour" ride would become an annual event, requiring similar funding each year. However, during the 1995/96 budget cycle Elite Racing did not come forward to request sponsorship funding for this event and therefore was not budgeted. Elite Racing was meeting weekly with Parks and Recreation staff to coordinate the event. Staff was under the impression that Elite Racing acquired adequate corporate sponsorships and did not require funding. The income and expense statement (see Attachment "C") indicates that the event had a net loss of $13,032. I~-;( Page 3, Item Meeting Date 1/23/96 This recommendation to fund this event at the previous year's level is based upon the possible misunderstanding that may have occurred regarding the funding process, and to prevent the "tour" from being discontinued. The recommended action would help preserve this event for the future, as another excellent way to promote the City of Chula Vista within the region. FISCAL IMPACT: Elite Racing is requesting reimbursement from the General Fund in the amount of $12,000 in sponsorship support. Other options would be to fund at a lower amount, or if it is Council's desire to deny the request, no action will need to be taken, and there will be no impact on the General Fund. Attachments: A Minutes of March 15, 1994 Joint City Council/Agency meeting B Minutes of March 22, 1994 Joint City Council/Agency meeting C Letter from Elite Racing and Income and Expense Statement 1~-3 ~~ . "' I,' Attachment A MINUTES OF A JOINT MEETING OF THE REDEVELOPMENT AGENCY/ CITY COUNCIL OF THE CITY OF ClillLA VISTA Tuesday, March 15, 199.. 10:47 p.m. Ci ty Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Members/Council Members Horton, Fox, Moore, Rindone, and ChainnanI Mayor Nader ALSO PRESENT: 10hn D. Goss, Director/City Manager; Bruce M. Boogaard, Agency/City Attorney; and Beverly A. Authelet, City Clerk 2. APPROVAL OF MINUTES: March I, 1994 CONSENT CALENDAR (Item pulled: 5) MSC (HortonlFox) to continue the balance of the agenda, as il was nol time sensitive, to the meeting of MardI 22, 1994 as it was pasll0:30 p.m. Approved 4-1 with Moore opposed. 3. WRITTEN COMMUNICATIONS: None Submitted. 4. AGENCY RESOLUTION 1390 ADOPTING THE REDEVELOPMENT AGENCY BUDGET FOR IT 1993- 94 AND APPROPRlA TING FUNDS THEREFOR-The FY 1993-94 Redevelopment Agency Budget was reviewed as part of the City budget approval process. As the Redevelopment Agency is a separate legal entity, it is necessary to approve the budget separately as required by California Community Redevelopment Law. The formal Agency adoption of the budget bad been delayed in order to determine the full impact of State budget resolutions and to complete the evaluation of staffing needs for the Economic Development function in the Community Development Department as directed by City Council during and subsequenl to the City's budget review process. Staff recommends approval of the resolution. (Community Development Director) [4/SIhs Vole Required] Continued to the MardI 22, 1994 meeting. 5.A COUNCIL RESOLUTION 17411 APPROVING CITY SUPPORT FOR A BICYCLING EVENT ON JULY 10, 1994, AUTHORIZING A WAIVER OF FEES IN THE AMOUNT OF $3,000 FOR CITY.PROVIDED SERVICES, AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VlSfA AND ELITE RACING, INC.-Elite Racing, a professional sports marketing and management company, bas approached the City with a proposal to conduct a large-scale fundraising bicycling event entitled Tour de South Counly scheduled for 7/10/94. Elite Racing is requesting funding from the City in the amount of $15,000 and staff recommends an amount of $12,000 to help offset the costs of the event which are estimated to be $65,400. Staff recommends approval of the resolutions. (Director of Parks and Recreation) Pulled from the Consenl Calendar. B. AGENCY RESOLUTION illl APPROVING AGENCY SUPPORT FOR A BICYCLING EVENT ON JULY 10,1994, AND APPROPRIATING $U,OOO IN IT 93/94 FROM REDEVELOPMENT AGENCY FUNDS TO OFFSET OPERATIONA~J EVENT COSTS [4/Slhs Vole Required] IS--i Minutes March 15, 1994 Page 2 Council/Agency Member Rindone questioned if it was a non-profit promoter and wbat the basis was for using tax dollars for a profit-making promoter. J~3S Valenzuela, Director of Parks & Recreation, responded that it was not a non-profit promoter. Chris Salomone, Director of Community Development, stated th~ basis for the City to be involved in the event was the same as for being involved in the Arturo Barrios Race, i.e. City staff was not capable of going out and getting the sponsorships, riderships, etc. In effect what the City was doing was hiring a promotional agency to put on an event that would generate economic development, attract people to the City that would not normally come on an annual basis, and created exposure through the media in ways the City was not able to do which would reverberate economically. Mayor/Chairman Nader stated the staff report indicated that $5,000 would be donated to a youth organization, but the Jetter from Mr. Murphy stated a guaranteed minimum of $5,000 would be donated. Tim Murphy, representing Elite Racing, responded they wanted to raise more and would continue to improve on an annual basis. They had fixed costs of over $50,000 and it was hard to say in the beginning what it would be. During the second year of the Arturo Barrios Race they lost money, but the charity still received their money. Mayor/Chairman Nader stated their projected costs indicated a potential loss of $400 net on the event including the $5,000 contribution from charity. He questioned if the projections were based on a certain number of participants in the event. Mr. Murphy stated that was correct and was also based on a certain number of incremental sponsorships. Mayor/Chairman Nader stated if there were more that the anticipated number of participants if the $400 loss could turn into a profit. Mr. Murphy responded that was correct. Mayor/Chairman Nader questioned if that happened if there wOllld be a corresponding increase in the charitable contributioD. Mr. Murphy responded that was correct. The easiest way would be to set aside an incremental amount, i.e. so much per participant that would go to the charities. He would be agreeable to that. Council! Agency Member did not feel there was any debate that it would be a premier activity for the City, but he was wrestling with the ethical question of using taxpayer dollars for the support of a profit-making promoter. He felt it would set a precedent for other promoters. Option 3, page 5-4, could accomplish both efforts; not only have the event but eliminate any reality or perception that lax dollars were funding a profit-making company. Staff should be directed to provide the in-kind services and seek the balance of the $12,000 from additional sponsors. MS (RindonelHorton) to approve Option 3, in.kind services support only ($3,000); DO additional funding. Direct staff to discuss with Elite Racing the possibility of obtaining the $12,000 from its CWTef1t sponsors, or additional outside sponsors. Council/ Agency Horton stated there was a tremendous benefit to some of the developers in the eastern territories of the City by having the race. She wanted to see staff or Elite Racing contact the Baldwin Company, EastLake, and other developers in the area regarding sponsorships. It was a family event and she felt the concept was exciting and a great way to promote the City. Mayor/Chairman Nader slated the fact that Mr. Murphy represented Elite Racing, . for-profit adventure, did not in and of itself preclude City support if there was a return on that investment for the public. The City contracted with for- profit vendors all the time. It was done with the justification that the City was getting something for it 1~-5 '.' I Minutes March 15, 1994 Page 3 that was worth the expenditure of tax dollars, The justification was the economic impact on the City and the contribution of funds to the youth charity. The appearance of spending $12,000 to gel a $5,000 return did not appear to be a fantastic investment, but Ithe principal of using a for- profit firm to put on an event to benefit the City did not necessarily bother him. He fell be could support more than Option 3 if it w"" tied to what the City expected to gel back. City ManagerlDirector Goss suggested that as an alternative the City submit $6,000 and challenge the other developers to match it. Councill Agency Member Horton suggested that Option 3 be tried and wait to ..,., what the outcome was. Councill Agency Member Rindone stated it was an event be wanted to see in the City and it would have benefits other than the dollar amount, but if they could raise sponsors and not use tax dollars then it would be an even more improved situation. He felt that should be explored first. Greg Cox, representing Elite Racing, stated the Arturo Barrios Race was a partnership between the City, the Port District, and Elite Racing to bring a world class event to the City. It would be a first year event and there would be a lot of capital costs that may not be there in future years. They bad solicited support from some of the people in the community that was predicated on it being a partnership with the City. The Star News bad indicated they would commit a media package whicb was probably worth $30,000 in advertising. The McMillin Company bad committed to be the title sponsor for the event, but bad also made some constraints, i.e. any child under ten that was accompanied by an adult would be able to ride free. That would come at additional costs to the event with every rider that participated in the program. Sllarp Community Hospital agreed to donate $2,500 and they were working with other companies. The first year was the big risk and if there was not that mucb support Mr. Murpby was still on the line for a significant amount of money, upwards of $50,000. They felt that because McMillin agreed to be the title sponsor and their tieing it into the opening of SPA ill in the Rancbo del Rey project there would be additional advertising, special bicycle related iJandouts to participants, etc. The support of the City was critical because it was the first year. He felt thene was a real advantage to the City from the marketing standpoint. Council/Agency Member Fox felt if the Council/Agency was going to be asked to sponsor an event for a for-profit organi2ation they should be informed that the organization was for-profit. Council/Agency Member Moore felt it was the b4nefit was the promotion of the City and the effort was there. The amateurs and non-profit entities could not put on the same type of event or media exposure. Many times the only way to promote the City, with guarantees, Was througb a profit-making organization. Council/Agency Member Horton stated sbe did not bave a problem with it being a for-profit organization as they bad done a very good job with the Arturo Barrios Race. Sbe originally felt confident that the monies could be raised from the other developers, bowever, if in fact McMillin was the major sponsor and using the race for their open bouse to promote their product sbe Was not SUre the other developers in the eastern territories would want to support it. In ligbt of that, sbe would reconsider ber position on the item. Mr. Murpby stated the City would get back a lot more than the $5,000 donation to a youth charity. It would be an event that bad a first year budget of $65,000 and most of that Was in marketing, printing, and advertising. They were bringing to it nine years of experience with Tour de North County whicb was the single best bicycle tour in all of Southern California. Council/Agency Member Horton questioned if staff could identify any other way, other than casb funds, to off-set the City's participation in the event. Mr. Valenzuela responded that staff felt they bad identified as mucb as they could regarding staff support. I~-~ Minutes March 15, 1994 Page 4 SUBSTITUTE MOTION: (HortonlFox) adopt the financing alternatives in Option I, Redevelopment Agency funding support in the amount of SU,OOO, as requested by Elite Racing, and in-kind services support for police services and equipment, and staff support from Parks & Recreation ($3,000). Council! Agency Member Rindone questioned if staff had talked with Elite Racing the possibility of obtaining $12,000 from current sponsors or outside additional sponsors as included in Option 3. Mr. Valenzuela stated that had not been done. Council/Agency Member Rindone question if the item had been brought to Council without that having been done first. Mr. Valenzuela stated it was an option to direct staff to do that. Council/Agency Member Rindone stated he supported the event in the City and there were a number of benefits. He felt all options should be explored. If staff had come before l1\e Council! Agency after doing that and stated they had been =ful he could accept it. He was disappointed that had not been done. Council/Agency Member Fox stated the AIl3 indicated McMillin was donating $20,000 and the hospital was donating $2,000 and be questioned bow it was reflected in the presented budget. Mr. Murphy responded the budget bad been submitted before there were any cash sponsors. At that point they did not bave a penny but were willing to go ahead. They had been working very hard on soliciting sponsors as per Option 3. Council! Agency Member Fox stated he was prepared to vote for the motion because it was a July event and he felt the benefits were there for the City and f..lt it would be an on-going effort. The benefits to the City were Dot just for the at-risk youth but intangibles as well. He wanted to vote for the motion, but also wanted to look at an accurate budget. He questioned if the item could be continued ooe week so Mr. Murpby could return with an amended budge. Mr. Murphy stated he would do that. He would not be able to attend the meeting as he had a presentation before the Carlsbad City Council. What they had signed was $20,000 in sponsors. Something they did in all their events even though it had not been publicized was to provide free entries for children through the Parks & Recreation Department, Boys & Girls Cluh, YMCA, and school system. It was a working budget. They had also committed in advertising $3,000 over the $7,000 that was in the budget on 1111193. They were taking all the financial risk and making a guarantee to the youth charity. Council/Agency Member Horton stated they had identified their sponsors and questioned if their request was approved in concept, and they received more sponsors for the event, if they could off-set the amount the City was putting into the race. Mr. Murphy stated that was not the way it generally worked. It had been his practice that when more sponsors were obtained eacb year for an event he would invest the money back into the event whicb resulted in a premier event. That was what he would do with the proposed event. He had a track record of not taking the sponsor's or city's money and putting it in his pocket, but of building events and creating value for the community and city. Council/Agency Member Horton questioned whether the sponsors and amounts were disclosed. Mr. Murpby stated that was generally not done, but be would share everything 00 the budget. If the City wanted to say they would give him the money, and he give the City the budget after the event, have the City audit the budget and if they felt he had made a profit and wanted more of it back, he would be happy to do it that way. It was a first year event and was tougb to put On. All the in-kind services were not reflected in the budget.. The City I<? ~7 . ,II : Minutes March IS, 1994 Page 5 would be having over a $100,000 event in the first year for a $12,000 investment with $5,000 for a youth charity. SUBSTITUTE MOTION: (Fox) approve Option I, in concept, with staff returning next week with the item. Mr. Murphy is to submit a working budget for Council/Agency rev:ew. Mayor/Chairman Nader questioned what was meant by a working budget. CounciJl Agency Member Fox stated be did not want an audited budget, but there were substantial deviations between the AI13 and the proposed budget, i.e. the sponsorships and the way they would be charging for children. He wanted those differences to be resolved. MOTION SECONDED: (Nader) CouncillMember Rindone stated the merit of the event was not the issue. Staff was saying that other sponsors bad not been solicited and the promoter was saying they bad. He was not sure what the case was. He felt the CounciJl Agency had a responsibility to make sure they bad gone the extra mile to obtain all outside sponsors to cover it. He was not expecting the promoter to take a loss but if they bad not tried to obtain all the sponsors possible the Council! Agency bad not done their bomework. If they could not obtain other sponsors then the item sbould be brougbt back for consideration. Mayor/Chairman Nader stated the motion wO\lld include information on potential additional sponsorships. VOTE ON SUBSTITUTE MOTION: approved 4-1 with Rindone opposed. · · END OF CONSENT CALENDAR · · PUBLIC HEARINGS None Submitted. ORAL COMMUNICATIONS None ACTION ITEMS 6. AGENCY RESOLUTION 1392 APPROVING FIRST AMENDMENT TO THE AMENDED PALOMAR TROLLEY CENTER DISPOSITION AND DEVELOPMENT AGREEMENT AND AUTHORIZING CHAIRMAN TO EXECUTE SAME-Oo 7/23/93 the Agency approved the Amended Palomar Trolley Center Disposition and Development Agreement (DDA) for the development of an approximately 190,000 square foot higb- vol\lme retail center in two phases on 18 acres on Palomar Boulevard between lodustrial Boulevard and Broadway. This First Amendment to the Amended DDA incorporates specific mutual efforts to provide a day care facility near the o,.,ter. The Ameodmetlt also clearly restates the understanding of the parties regarding extent of mutual exposure to poteotiallitigation costs associated with condemnation suits and freezes the existing rate of City fees which will be applicable to Phase 2 of the prqject. Staff recommends approval of the resolution. (Community Development Director) Continued to the meeting of March 22, 1994. /~-~ ,.-- ATTACHMENT B Minutes March 22, 1994 Page 5 Director/City Manager Goss stated there was an election on April Uth and it was their plan to have a short agenda. He questioned if it could be four weeks. Agreed to by the Maker and Second of the Motion. He felt the important thing was for staff to take the time and really present a well thought out plan and forecast. 5.A COUNCIL RESOLUTION 17411 APPROVING CITYSUPrDRT FOR A BICYCLING EVENT ON JULYlO, 1994, AUTHORIZING A WAIVER OF FEI}S IN THE AMOUNT OF $3,000 FOR CITY-PROVIDED SERVICES, AND APPROVING AN AGREE~NT BETWEEN THE CITY OF CHULA VISI'A AND ELITE RACING, INC.-Elite Racing, a professional sports marketing and management company, has approached the City with a proposal to conduct a large-scale fundraising bicycling event entitled Tour de South County scheduled for 7/10/94. Elite Racing is requesting funding fro.., the City in the amount of $15,000 and staff recommeods an amount of $12,000 to help offset the costs of the eveot which are estimated to be $65,400. Staff recommends approval of the resolutions. (Director of Parks and Recreation) Pulled from the Consent Calendar. B. AGENCY RESOLUTION I39I APPROVINGAGENCY SUPPORT FOR A BICYCLING EVENT ON JULY 10,1994, AND APPROPRIATING $12,000 IN tv 93/94 FROM REDEVELOPMENT AGENCY FUNDS TO OFFSET OPERATIONAL EVENT cosrs [4/5ths Vote Required] · Greg Cox, 3130 Bonita Road, Suite 200, Chula Vista, CA, representing Elite Racing, stated the title sponsor for the event would be Rancho del Rey and with that they were planning on having the eveot be the focus of their kick-off for Phase III of the project. They had committed an extraordinary amount of resources and would be providing shuttle buses for people. A commitmeot bad been made so that every child under .the age of ten that was registered for the event, accompanied by an adult, would ride free. That cost componeot had beeo included in the revised budget. · Tim Murphy, 10509 Vista Sorrento Parkway, San Diego, CA, represeoting Elite Racing Inc., utilized overheads to review the proposed race. They were planning on printing 110,000 entry forms. Ageocy/Council Member Rindone stated the estimated economic benefit to the North County was $600,000 and questioned what the estimate would be for the Souih County. Mr. Murphy estimated a minimum of $175,000. Ageocy/Council Member Rindone stated their conaern at the previous meeting was in relation to the beoefits of a for-profit versus a non-profit organization. It was . one year contract and there were a number of beoefits to the City. He recommeoded that prior to the renewal of the contract the Ageocy/Council revisit the program to eosure that there was a return to the City. He hoped that when the bicye1ists finished the race there would be an opportunity to obtain feedback. Mr. Murphy stated that had Dot been planned, but felt they could do a survey as was done for the North County race and would do that for the City. RESOLUTIONS 17411 AND 1391 OFFERED BY AGENCY/COUNCIL MEMBER FOX, reading of the text was waived, passed and approved unanimously. · · END OF CONSENT CALENDAR. . PUBLIC HEARINGS None Submitted. 1~-7 ! j FROM ELITE RACING PHONE NO. 619 4506905 Jan. 11 1996 11:00AM P2 ATTACHMENT C .///,. .-:.- F~ T~'oJ::!:t!i. 'M ""i:iE.~ Tl!,,_G-~ 'i-d.-JU1 A.lf.E:MIi"l'lIL ~(Q)~Y January 11, 1996 Sid Moms Assistant City Manager City ofChula Vista ').76 4th Avenue Chula Vista, CA 91910 Dear Sid, As you are aware, after several succeasfu1 years oftbe Arturo Barrios Invitational, in 1994 the City of Chulll Vist9.and Elite Racing created the Tour de South County. It W9.8 very successful and the feedback from tho community was very positive. As we started to plan for the 1995 event in February, J spoke with Jess Valenzuela who told me that this was a difficult budget yt:Rf and that City funding tor the 1995 Tour de South County would be put in the budget and we would see what happens. Throughout the montha leading up to the July event, we worked with the City Parks lInd Recreations department on the event and wct"e never told that there w811 a problem or that we would not have funding for the event, Only after the event was I told that there was no funding from the City of Chul9. Vista. If I had known that the item had been taken out or not put in the budget, I obviously would have lobbied the Mayor and the City Council to consider funding this community event, As you know, we have been dealing with the City of Chula Vista for seven yeara and have never had a problem. We assumed that like the Arturo :Barrios Invitational, the funding for the second year was put in the budget without going in front ofthe Council. The 1995 Tour de South County was very successful. nespite some unexpected rain, the participants were very happy and told us thllt it was one of the best events of all time. We really believe we delivered on the goal of producing a positive community event that shows off the City of Chula Vista and bolsters Chula Vista's image as lin exceptional community. And of course if you do events at the highClit quality level, you do build community pride. 10500 VISTA SORRENTO PAAKWAY, SUITE 102. SAN DIEGO, CA 82121 . B18/45G6510. FAX 819/450-8805 1<6-- /2) FROM ELITE RACING PHONE NO. 619 4506905 Jan. 11 1996 11:01AM P3 We created this event to mirror the highly successful Tour de North County that is 12 years old and draws 4,000 riders. We are on track based on my e1Cperience to exceed the draw and prestige of the North County event. For the ] 995 Tour de South County, we contracted with McMillin as the Major Sponsor and from their $20,000 commitment, $5,000 was designated and paid directly to the Chula Vista Youth Coalition. As I stated earlier, it's obvious that I should have appeared before the City Council a year ago with this request and I would have done so ill knew that the funding was not in place. Please consider that in the seven years of producing positive community events, that we have raised over $95,000 for local charities like the Chula Vista Library, the Boys and Girls Club, and High School Scholarship programs. Per your request, enclosed is tM financial results from the 1995 Tour de South County. I hope that you and the City will look favorably on my request for funding. I also hope that you will keep in mind Elite Racing's track record in building the image of Chula Vista, promoting the positive economic climate and developing visitor spending. Thank: you for your consideration. Best Regards, - 1).--- Tim Murphy I~-I/ lNCOME EXPENSES [ 1 I j I 1995 TOUR n)!: SOUTH COUNTY FINANlCIAL RESULTS McMillin Other Sp~msors Entry Income BQcOths Total Income Advertising ArtITypesetting/Filllil Banners/Signs EastLake High School Chula VISta Youth Coalition Direct Mail Entry DistrIbut!on Elite Racing Staff and Costs Insunince ShirtsfJ erseya Medical/Ambulance Printing Rentals Refreshments Data ProcessinglLabels Other Miscellaneous Total Expenses Net Profit Loss $ 20,000 $ 4,950 $ 18,543 $ 600 $ 44,093 $ 6,126 $ 3,174 . $ 896 $ 200 $ 5,000 $ 2,093 $ ],957 $ 17,858 $ 1,280 $ 7,480 $ 300 $ 7,220 $ 1,160 $ 594 $ 1,230 $ 557 $ 57,125 $ 13,032 10509 VlSTASORRENmPARKWAY. SUITE 102. SAN DIEGO. CA92121 .619/450-6510. FAX 619/450-6905 I<&--/~ RESOLUTION NO. I't'/ i'~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $12,000 FROM THE GENERAL FUND FOR SPONSQRSHIP SUPPORT TO ELITE RACING, INC. FOR THE "TOUR DE SOUTH COUNTY" BICYCLING EVENT THAT WAS HELD ON JULY 16, 1995 WHEREAS, in February 1994, Elite Racing, a professional "for profit" sports marketing and management company, sent a request to the City to fund a bicycling event, the "Tour de South county," in the amount of $12,000 in sponsorship support and $3,000 for in-kind benefits which event would be similar to the successful "Tour de North County"; and WHEREAS, funding was approved by a joint Council/Agency meeting on March 23, 1994; and WHEREAS, for this year's event, Elite Racing set up initial meetings with the Police Department, the Parks and Recreation Department, and the ci ty' s Public Information Coordinator and all parties involved agreed to provide in-kind staff support for the event; and WHEREAS, Elite Racing was meeting weekly with Parks and Recreation staff to coordinate the event and during this process Elite Racing did not bring up the issue of a city funding donation for the 1995 event; and WHEREAS, a formal contract was never executed by either party and the "Tour" was held on July 16, 1995 and Elite Racing is now coming to request a donation in the amount of $12,000 for sponsorship support. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby appropriate $12,000 from the General Fund for sponsorship support to Elite Racing, Inc. for the "Tour de South County" Bicycling event that was held on July 16, 1995. Presented by Approved as to form by V---~ ~ Chris Salomone, Director of community Development Bruce M. Boogaard, City Attorney c: \ I"'s\elite /8'/13 COUNCIL AGENDA STATEMENT Item /1 Meeting Date 1/23/96 Resolution I ~ /, .JAPproving agreement with Rick Engineering Company for Preliminary Engineering Design Services for three interchanges on Interstate 805, and Appropriating $550,000 from Fund 621-6210 therefor SUBMITTED BY: Director of Public O~W. s ~ REVIEWED BY: City Manage~ (4/Sths Vote: YesX-No_) ~ In working with the developers in coming up with a strategic plan to assure that growth can continue in the eastern area without violating the Growth Management Ordinance it was determined that one of the more critical items is to upgrade three I-80S freeway interchanges. ITEM TITLE: The proposed contract will retain Rick Engineering to prepare Preliminary Studies for Interchanges with I-80S at Telegraph Canyon Road, East Orange Avenue and Palomar Street. Such studies are required by Caltrans prior to construction of maJor projects within Caltrans Right of Way. The contract also provides that Rick Engineering Company will prepare design drawings and specifications for the Telegraph Canyon Road Interchange if Caltrans concludes that the work does not require a Project Study Report. RECOMMENDATION: That Council approve the Resolution appropriating funds and approving the agreement with Rick Engineering Company. BOARDS/COMMISSIONS: N/A DISCUSSION: On November I, 1995, the City issued a request for proposals to provide preliminary design services for three interchanges with I-80S (Telegraph Canyon Road, East Orange A venue and East Palomar Street). The design services are specifically to prepare Project Study Reports/Project Reports (PSR/PR) for Telegraph and Orange, a Project Study Report for Palomar Street and construction plans for Telegraph Canyon if the project can be done under Caltrans permit provision. Such studies are required by Caltrans prior to construction of major projects within Caltrans Right of Way. The PSRlPR studies are required for any project with an estimated cost (within Caltrans Right of Way) in excess of$1 million. In the case of the Telegraph Canyon Road interchange improvements, it is likely that the project can be performed for less than the $1 million cap on permits and threshold for requiring studies of this nature. In that event, the contract allows the City to direct the consultant to prepare final plans, specifications and estimates (PS&E), the contract documents that the City would use for soliciting bids from contractors. The City could then cause the work to be performed under an encroachment permit from Caltrans. A pre-proposal meeting was held with all prospective proposers on November 13, 1995. 19..../ // Page 2, Item -.!J Meeting Date 1/23/96 Eight proposals were received by the deadline, November 29, 1995. A selection committee consisting of Cliff Swanson, City Engineer; Steve Thomas, Senior Civil Engineer (City); Keith Ploettner, Senior Civil Engineer (Caltrans); and Bob Grandy of Smith and Kempton, (the City's consultant managing the project) reviewed the proposals and established a short list of four consultants for interviewing and further discussions. The selection criteria included the following: . Cost . Experience with similar projects . Adequacy of staff . Project understanding . Resources . Past performance Listed below are the eight submittals received. Firm Name Proposal Cost Basis Rick Engineering (San Diego) $502,070 Boyle Engineering Corp. (San Diego) $480,500 Daniel, Mann, Johnson, &Mendenhall (San Diego) $503,336 Parsons, Brinkerhof (San Diego) $1,086,632 Greiner, Inc. (San Diego) $578,296 De Leuw Cather & Co. (San Diego) $701,129 Howard, Needles, Tammen, Bergendoff(Irvine) $399,903 Carter &Burgess, Inc. (Irvine) $734,905 The committee's final ranking of the four qualified firms selected for interviews is as follows: I. Rick Engineering 2. Boyle Engineering Corp 3. Daniel, Mann, Johnson, &Mendenhall (DMJM) 4. Parsons, Brinkerhof It should be noted that the selection committee reviewed the lowest cost proposal, from Howard, Needles, Tammen, Bergendoff (HNTB) very carefully, and concluded that the proposal did not demonstrate a clear understanding of the project, and did not demonstrate significant experience with the types of studies requested. The selection committee established 13 criteria to weigh all proposals on an equal basis. The committee rated the HNTB proposal as 7th of the 8 original proposals, based on weaknesses in experience with processes and procedures used by Caltrans, lack of experience in these specialized studies, lack of familiarity or experience with local Caltrans staff, and lack of familiarity with local traffic problems. The consensus of the selection committee was /9"';" Page 3, Item 17 Meeting Date 1/23/96 that HNTB's proposal, in spite of the low cost, was so weak that they should not be considered further. The top four firms were invited to make presentations to the selection committee. After the presentations, the selection committee rated Rick Engineering highest, based on evaluation of each consultant's experience, track record, subconsultant experience, and "team" resources. During discussions among the selection committee, it was noted that while Boyle had the apparent lowest bid, based on the total program, Boyle assumed no Preliminary Engineering Design Services would be required for Telegraph Canyon, and did not include that in their cost proposal. Rick, on the other hand, had included that item. The RFP explicitly stated that proposals should include costs for both situations. Staff believes that the PSR/PR will not be required, and that with the Rick proposal a savings of$64,450 could be realized in that situation. Caltrans' regulations allow projects to be done under their permit procedures without a PSR/PR if the construction cost of the work within their right of way is under $1 million. However, if the work exceeds that figure they require the PSR/PR procedures to be followed. Boyle has agreed that, should a PSR/PR be necessary, they would perform the studies at no additional cost, but there would be no cost reduction. Based on this, and staffs belief that the PSR/PR can be avoided, Rick's proposal would be lowest of the responsive proposers, since the cost of their contract would be $437,420 (502,070 less $ 64,450). The Boyle proposal would still cost $480,500. The DMJM proposal was just slightly higher than the Rick proposal. Staff had concerns about the DMJM proposal, since it presumed that the projects would receive Environmental Categorical Exemptions (except for the Palomar Project, which would not receive an environmental clearance at this stage). DMJM, therefore, did not include any environmental studies in their scope of work. Staff s concerns were that, if exemptions were not obtained and additional studies were to be required, there would be an additional cost. Staff believes that the budget for environmental studies in the Rick proposal is adequate. The proiect: The consultant is proposed to be retained to perform project study reports/project reports for two existing interchanges and a project study report for one new interchange (Palomar Avenue). The improvements for Telegraph Canyon Road involve providing an additional eastbound lane under the bridge. It is anticipated that these improvements will be under construction in early 1997, and are currently in the CIP. Current traffic studies indicate that the East Orange Avenue improvements will be needed in approximately year 2000. Completion of the PSR/PR will allow the improvements to be designed and constructed on this timetable. With respect to East Palomar, staff believes that this road might not be needed until 2008-2010. At this point, a project report, with associated environmental analysis would be premature, however the project study report (which is more preliminary), includes processes for obtaining approval of the new interchange from the State and the Federal Highway Administration (FHW A). The Contract: Telegraph Canyon Road The contract calls for the consultant to analyze projected traffic volumes, accident data and possible alternatives for improvements consisting of adding an eastbound through lane on /9~.J " " ,. ~"..; "1 Page 4, Item /1 Meeting Date 1/23/96 Telegraph Canyon Road. If the estimated cost is under $1 Million, or is acceptably close, Caltrans will allow an encroachment permit process for construction of the improvements. Since a PSRlPR will not be required for the encroachment permit, The consultant will be directed to prepare final plans and specifications. East Orange Avenue The contract calls for the consultant to analyze projected traffic volumes, accident data and possible alternatives for improvements consisting of upgrading the interchange to accommodate the future 6 lane prime Arterial roadway in accordance with the General Plan. To do so will likely involve widening the overpass and possibly providing wider on/off ramps. The consultant will analyze alternatives to design of the interchange and the interrelationship with the adjacent interchanges. The work involves preparation of preliminary cost estimates and environmental studies necessary to obtain environmental clearance for the project. East Palomar Avenue The contract calls for the consultant to analyze projected traffic volumes and possible alternatives for improvements consisting of providing a new interchange in accordance with the General Plan. The new interchange is anticipated to be a "Half Diamond" interchange with on/off ramps from/to the north only. Caltrans requires that a full interchange also be studied, as well as the potential impacts from not having any interchange. The contract calls for the consultant to study all three possibilities. In addition, the consultant will prepare the formal request to Caltrans and FHW A, including necessary environmental and technical studies, for a design exception to allow a variance from Federal requirements which prohibit half diamond interchanges. The contract also requires the consultant to identifY and process applications for design exceptions, which are situations where the design cannot confrom to Caltrans', FHW A standards. Although the Council has awarded a contract to Smith & Kempton to assist us in managing the interchange program, which this work is a part, t he projects have been components of the TransDIF for several years. As such, this portion of the project (preliminary design) has been anticipated, but not included in the City's CIP budget, since accurate figures for this cost were not available. The source of funding for the proposed contract is the Eastern Area Development Impact Fees for Streets (TransDIF). The TransDIF has programmed the following amounts for interchange improvements: Telegraph Canyon Road Orange Avenue. Palomar Street $1,814,000 (this includes previous improvements) $4,064,000 $2,673,000 Funds are available in the City's TransDIF Fund account, however, $550,000 should be appropriated to cover the cost of the contract ($502,070) and staff time ($47,930) and a new CIP project (STM327) be setup. I?''( \ .' -'-<~ ,I Page 5, Item /7 Meeting Date 1/23/96 The proposed contract will provide preliminary design, which is eligible for TransDIF funding. FISCAL IMP ACT: The direct financial impact to the City will be minimal. The cost of this contract is $502,070 and, with staff time, the project total is estimated at $550,000. All of the costs associated with this contract will be funded from TransDIF fees. There are sufficient funds in the TransDIF account to pay for the project, however Council must appropriate the funds ($550,000) to account 621-6210, project number STM327. Most administration and management of the project will be performed by Smith and Kempton, the City's consultant, through a contract approved and funded last year. City staff will be involved in oversight, coordination and direction and those costs will be paid by the TransDIF. Staff cannot perform the work due to lack of available staff time and lack of expertise to efficiently deal with Caltrans requirements and processes. Attachment: Agreement 0735-10 STM-327 :CST F:\HOME\ENGINEER\AGENDA\A113 _ RFP. CST /1-/ ;f-r-? RESOLUTION NO. 18"1 f;J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA .APPROVING AGREEMENT WITH RICK ENGINEERING COMPANY FOR PRELIMINARY ENGINEERING DESIGN SERVICES FOR THREE INTERCHANGES ON INTERSTATE 805, AND APPROPRIATING $550,000 FROM FUND 601-6010 FOR PROJECT TF147 WHEREAS, in working with the developers in coming up with a strategic plan to assure that growth can continue in the eastern area without violating the Growth Management ordinance, it was determined that one of the more critical items is to upgrade the I- 805 freeway interchange; and WHEREAS, the proposed contract Engineering to prepare Preliminary Studies for 805 at Telegraph Canyon Road, East orange Street; and will retain Rick Interchanges with I- Avenue and Palomar WHEREAS, such studies are required by Caltrans prior to construction of major projects within Caltrans Right of Way; and WHEREAS, the contract also provides that Rick Engineering Company will prepare design drawings and specifications for the Telegraph Canyon Road Interchange if Caltrans concludes that the work does not require a Project Study Report. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve an Agreement with Rick Engineering Company for Preliminary Engineering Design Services for three interchanges on Interstate 805, 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 Agreement for and on behalf of the City of Chula vista. BE IT FURTHER RESOLVED that the amount of $550,000 is hereby appropriated from Fund 601-6010 for Project T 47. rvel ':0 Presented by John P. Lippitt, Director of Public Works , City C:\rs\rick.eng /~.. ? Agreement between Parties and Recital Page Agreement between City of Chula Vista and Rick Engineering COLlpany for Engineering Design Services This agreement ("Agreement")I, dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph I is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the fol1ov.ing facts: Recitals Whereas,on November I, 1995, the City issued a request for Proposals for engineering design services; and, Whereas,Rick Engineering Company submitted a proposal in response to the request: and, Whereas,staff has determined that the proposal is responsible and has negotiated an agreement based on the proposal; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City ithin the time frames herein provided al1 in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) Page 1 /7-1 .~ ObligatoI')' Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all ofthe services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, \vithin the time frames set forth therein, time being of the essence ofthis agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services", Failure to complete the Defined Services by the times indicated does not, except at t'Je option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement, Upon doing so. City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction, D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Page 2 /7-/1/ Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises ov.ned or rented by Consultant. which names City and Applicant as an Additional Insured. and which is primary to any policy which the City may otherwise carry ("Primary Coverage"). and which treats the employees of the City and Applicant in the same manner as members ofthe general public ("Cross-liability Coverage"). Errors and Omissions insurance. in the amount set forth in Exhibit A. Paragraph 9. unless Errors and Omissions coverage is included in the General Liability policy. G. Proof oflnsurance Coverage. (I) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required. prior to the commencement of services required under this Agreement. by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. Page 3 19'11 H. Securitv for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Perfonnance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney2 which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach ofthe terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event ::-tat Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation Page 4 /9'1-'- City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, dat?, items and materials set forth on Exhibit A, Paragraph] 0, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared biJling from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph II, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the biJling to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A. Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. Page 5 / ?,/:J ]t is acknowledged by both parties that time is of the essence in the completion ofthis Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Serv;ces within the alloned time period specified in this Agreement shall res:!lt in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be rt:quested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions oftime, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shov,'Jt that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15. as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determinea by the City Anomey. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way anempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. Page 6 J~"'lf D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitutt' a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will imn'lediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently haye any interest, directly or indirectly, whatsoever in any property which may be the subject maner of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance ofthis Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement. except with the written permission of City. 7. Hold Hannless A. With regard to Consultant's performance in connection with or incidental to the project, but excluding it's performance of professional services and the indemnification and hold harmless provisions of Paragraph B below, Consultant agrees to defend, indemnify, protect and Page 7 19'15 hold harmless the City, its elected and appointed officers and employees, from and against all claims, demands, causes of action, damage, cos~s, expenses, losses and liabilities, (including without limitation attorneys' fees), in law, in equity or otherwise, of every kind or nature whatsoever, including, but not limited to, injury to or death of any person or persons and damage to or destruction of any property, threaten, brought or instituted, arising out of the performance (except as stated above) of the Consultant's services, or the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. B. With regard to Consultant's performance of professional services, Consultant agrees to defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims, demands, causes of action, damage, costs, expenses, losses and liabilities, (including without limitation attorneys' fees), in law, in equity or otherwise, of every kind or nature whatsoever, including, but not limited to, injury to or death of any person or persons and damage to or destruction of any property, threaten, brought or instituted, arising out of the peTformance (except as stated above) of the Consultant's services. or the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its o\\n expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultant's indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. Notwithstanding the foregoing,Consultant's liability hereunder shall not exceed the proceeds of any applicable insurance plus 10% (ten percent) of the contract amount. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate Page B 19'11- .' . this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event. all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other mater;als up to the effective date of Notice of 1 ermination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific wrinen notice to Consultant of such termination and specifying the effective date thereof. at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City. become City's sole and exclusive property. If the Agreement is terminated by Cit)' as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties prroduced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part Page 9 19'/1 under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none ofthem shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits. worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement. against the City unlt,S a claim has first been presented in wTiting and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 ofthe Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include. Page 10 1'-/ r "/ or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in "'Titing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. Page 11 /9'1,/ F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto ~s possible. Venue for this Agreement, and performance hereunder, shall be the City ofChula Vista. [end of page. next page is signature page.] Page 12 /9',2~ , . Signature Page to Agreement between City of Chula Vista and [Name of Consultant] for IN WITNESS WHEREOF, City and consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 19 City of Chula Vista by: Tim Nader, Mayor Attest: Clerk Dated: [Name of Consultant] By: [name of person, title] By: [name of person, title] Page 13 19',2/ . " ",I} Exhibit List to Agreement Exhibit A. Exhibit B: Page 14 19....)1. Exhibit A to Agreement between City of Cbula Vista and Rick Engineering Company 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ("City") 3. Place of Business for City: City ofChula Vista. 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Rick Engineering Company 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 5620 Friars Road San Diego, California 92110-2596 Voice Phone (619) 291-0707 Fax Phone (619) 291-4165 7. General Duties: Consultant will take the lead role in preparation of and coordinate review of Project Study Reports for two freeway interchanges (Telegraph Canyon RoadlI-80S and East Orange A venuell-805) and a Project Report for The East Palomarll-805 freeway interchange. If directed, Consultant shall additionally prepare Contract documents (plans, Specifications and Estimates) for the Telegraph Canyon RoadlI-80S freeway interchange. Rick A.cst January 16, 1996 Exhibit A Page 1 1".2:J 8. Scope of Work and Schedule: A Detailed Scope of Work: TELEGRAPH CANYON ROAD This interchange project includes ramp widening, intersection widening, and traffic sign?! modifications on the south side of Telegraph Canyon Road. It represents the final phase ofa three phase project at the interchange. The first phase improvements involved a modification of the median channelization for westbound through movements on Telegraph Canyon Road. The second phase improvements involved the installation of dual right turn lanes, in addition to two westbound through lanes, from westbound Telegraph Canyon Road to the northbound on-ramp. The Phase 3 project is expected to involve a widening of Telegraph Canyon Road to provide a second eastbound through lane under the bridge structure. It may also include the closure of the median break on Telegraph Canyon Road at the adjacent intersection at Halecrest Street and the installation ofa new traffic signal on Telegraph Canyon Road at an existing mid-block median break between Halecrest and Crest Streets. Although these improvements are outside of the Caltrans right of way, it is expected that the need for this potential improvement will be addressed in the traffic section of the combined Project Study ReportlProject Report (PSRlPR) document due to its proximity to the interchange. Consultant will attend monthly Project Development Team (PDT) meetings and separate technical topic meetings as necessary. The consultant shall notifY City staff of the purpose, date and time of any technical topic meetine> that are scheduled with outside agencies. The PDT meetings will be combined meetings addressing all three interchanges at the same monthly meeting. The consultant will attend up to three community meetings to assist the City in providing project updates and alternatives to the public. Phase 1 (preliminary Geometries and Cost Estimate) The initial work task for the consultant involves an assessment of the need to prepare a combined PSR/PR for the interchange (Phase 2). This will be accomplished by preparing preliminary geometries and a preliminary cost estimate for the improvements. If review of the preliminary cost estimate establishes that it exceeds the $1 million threshold for permit work established by Caltrans, the consultant shall proceed with the preparation of a combined PSRlPR. If the work to be accomplished is either estimated to cost less than $1 million or can be logically divided into individual phases which do not exceed $1 million, the consultant shall proceed with the preparation ofPS&E documents (Phase 3). The following is a breakdown of work tasks for this Phase: A Compile and evaluate daily and peak hour intersection traffic data to assist in the determination of preliminary geometries. Rick_Acst January 16, 1996 Exhibit A Page 2 /9 ,.,}. 'f B. Review and evaluate available accident data from City and Caltrans sources. C. Perform traffic analysis of alternative design concepts as follows: I. Retaining existing median break at Halecrest. 2. Eliminating the median break at Halecrest and providing a new traffic signal mid-block between Halecrest and Crest Streets. 3. Eliminating the median break at Halecrest without a new mid-block signal location. 4. Eliminating the median break at Halecrest, but retaining a signal to provide a phase allowing traffic out of Halecrest (right only). D. Compile levels of service using Caltrans IL V method and HCM procedures for all design options, including ramp intersections and adjacent local street intersections. Traffic signal interconnect and queuing will be analyzed using computer simulation models for all design alternates. E. Prepare up to three preliminary geometric alternatives that provide for traffic capacity needs identified. These alternatives include evaluation of lane and shoulder widths. as well as potential median closures and/or signal modifications, as appropriate. F. Evaluate retaining wall options for the added eastbound lane beneath the freeway and ramp bridges. G. Prepare preliminary cost estimates for the alternatives. Evaluate possible design exceptions that could save costs without decreasing safety. Cost estimates will differentiate items of work that are within Caltrans right-of-way versus City right-of-way. H. Obtain concurrence from City and Caltrans on geometries and cost estimates. Phase 2 (Combined PSR/PR Document) . A. Review existing traffic data and forecasts provided by City and incorporate into project documents along with any required decision-related traffic analyses as appropriate. This shall include an assessment of the need for the closure of the median break on Telegraph Canyon Road at the adjacent intersection at Halecrest Street and the installation of a new traffic signal on Telegraph Canyon Road at an existing mid-block median break between Halecrest and Crest Streets. B. Develop and analyze several alternative geometric plans for modification of the interchange. Exhibit A Page 3 Rick A.cst January 16, 1996 /'1;';'> \ , . . Base mapping shall be provided by the City. The plans shall be prepared to meet current Caltrans requirements for PSRlPR purposes. Analysis of the design alternatives shall include the following: 1. A full set of preliminary eqgineering plans including plan, profiles, and superelevations as required JY Caltrans for the PSRlPR document. 2. Up to two (2) alternative designs, plus a preferred plan, will be studied. 3. All design alternatives shall conform to Caltrans design standards. Analysis of alternative designs that do not conform to Caltrans design standards shall be supported by appropriate justification including traffic capacity, safety, cost, right of way, and environmental analyses; to show that the lesser standard best satisfies the concerns of the situation. 4. Additional right of way requirements, if necessary, shall be shown for each design alternative. The appropriate information shall be incorporated into a Right of Way Data Sheet. 5. Construction staging plans, as applicable, shall be ShO\\l1 for each design alternative. 6. Traffic management plans, if necessary, shall be ShO\\l1 for each design alternative. 7. A design exceptions report (fact sheet) shall be prepared that describes needed exceptions and documents the reasons for the exceptions. Additional exhibits, cost estimates, analysis, and drawings that may be requested by Caltrans to be included with this report shall be done on an as needed basis and shall be paid for as extra work. 8. A detailed cost estimate and cost analysis for each design alternative shall be prepared. Consultant shall use the Caltrans format for providing a summary of the preliminary project cost estimate. C. An Advanced Planning Study shall be prepared, as needed, for any non-standard retaining wall systems. Preliminary cost estimates for the structural work shall be prepared as input to the overall cost estimate for each design alternative. D. The consultant shall prepare all environmental studies that are necessary as input to completing an Environmental Document for the project. It is anticipated that these technical studies will include traffic, geology, hazardous materials (lSA), noise, air quality screening. and visual for the walls. The environmental analysis of the design alternatives shall include the following: Rick A.cst January 16, 1 996 Exhibit A Page 4 19;,,2" .[' 1. Traffic - TIlls technical study will identify impacts at opening and design years due to forecast volumes. Forecast volumes will be evaluated using both Caltrans IL V procedures and HCM operations procedures. Ramp meter or traffic signal interconnect studies will be conducted to identify special signal phasing or queuing impacts. Adjacent impacted city street intersections will also be included in the analysis. Constru~tion impacts will also be addressed and any required traffic control identified. 2. Geotechnical - This technical study will include review of available, pertinent geologic and geotechnical literature including previous reports, as-built project plans and specifications, geologic maps, and existing steroscopic aerial photographs; performance of a geologic and geotechr.ical site recormaissance; compilation and analysis of the data obtained from our review and recormaissance; and preparation of a wrinen report presenting the results of the study for inclusion in the combined PSRlPR. 3. Hazardous Waste Initial Site Assessment (ISA) - This technical study will include a review of current lists from the follo\\1ng agencies: U.S. Environmental Protection Agency (EPA); State ofCalifomia Department of Health Services (CDHS); State of California Regional Water Quality Control Board (CRWQCB); San Diego Department of Environmental Health Services (EHS); and California Integrated Waste Management Board (CIWMB). Lists will be reviewed for the presence of know hazardous substance sites within 1,000 feet of the interchange site; review of readily-available regulatory agency records (assumes a maximum of six addresses) to locate sites where potentially hazardous materials have been used or stored. locations of landfills, and locations which utilize underground storage tanks; review of historical aerial photographs, including one photograph from each decade begirming with 1928, if available; review of available maps and reports pertaining to the subject site; performance of a site recormaissance to locate possible areas of contaminated surficial soil or surface water, improperly stored hazardous materials, possible sources of polychlorinated biphenyls (PCBs), and potential risks of contamination from activities at the site and adjacent properties; contact the San Diego County Department of Environmental Health Services, Underground Storage Tank (UST) Division, and the San Diego Fire Department UST unit for site information; and prepare a Hazardous Waste Initial Site Assessment (lSA) report documenting our findings and providing recommendations regarding potential environmental impacts at the interchange. 4. Noise - ConsultaI7t will prepare an acoustical study evaluating the potential noise impacts associated mth the proposed interchange improvements and up to two alternative designs, as well as the mdening of Telegraph Canyon Road. The acoustical study will be prepared in accordance with the Federal Highway Rick A.cst January 16, 1996 Exhibit A Page 5 /7'.27 Administration's and California Department of Transportation's Noise Abatement Criteria as well as the City ofChula Vista's Noise Element guidelines. The FHWA and CAL TRANS noise guidelines require that the noise study identify noise sensitive receptors in the area, quantify existing noise levels, project future noise levels and compare future noise levels with the applicable noise abatement criteria. An initial site visit will be made to identify existing noise sensitiv~ receivers located adjacent to the project site. An existing ~4-hour noise measurement wiil be conducted at one location along Interstate 805. Up to approximately 5 short-term noise measurements will also be conducted along the site to establish the ambient noise level. The exact location of the measurement sites will depend on the project design plans. The noise measurements will be conducted using AND! Type I and Type 2 calibrated integrating sound level meters. Using the proposed geometries for the alignments and future traffic volumes and speeds, the post-project noise levels will be determined using Caltrans SOUND32 computer noise prediction model. Potential noise impacts will be evaluated on the basis of compliance with FHW A, CAL TRANS and City of Chula Vista noise criteria. Mitigation measures will be determined, as necessary. Short-term construction noise impacts will also be addressed. The results of the assessment will be presented in a technical study. 5. Air Quality - The air quality micro-screening analysis will be completed for the project based on traffic data for each alternative. Project inclusion in the Regional Mobility Plan, the Congestion Management Plan and the Regional Transportation Improvement Plan will be determined. Technical guidance will be based upon the Caltrans Air Quality Technical Analysis Notes (AQTAN, 1988). Using existing documentation, summarize recenl air quality trends and existing meteorologic and air quality conditions in the area. Applicable goals, policies, and attainment programs of state and local agencies including the San Diego Air Pollution Control District's (SDAPCD's) 1991 Regional Air Quality Strategies and 1994 Ozone Attainment Plan will be discussed. Any sensitive air pollution receptors will be identified. Project construction and operational emissions of criteria air pollutants will be estimated using EP A emission factors and project traffic data. Estimates ~ill be made for existing, future base-case, and project-case roadside emissions of CO on those road segments or intersections affected substantially by project traffic, if any. This analysis will utilize one prototype roadway impact. 6. Visual Quality/Landform Alteration - Consultant will identify potential sensitive visual receptors and will work with the City of Chula Vista and Caltrans staff to identify up to two view locations for preparation of conceptual visual simulations. The existing views of the interchange will be depicted in photographs and described and then compared with the anticipated future views after project implementation. Impacts on sensitive visual receptors and the anticipated change in the landform due to the proposed project will be evaluated. Mitigation programs incorporating Exhibit A Page 6 Rick A.cst January 16, 1996 19' ~r landscaping and special concrete treatments will be described and shown in visual simulations, if necessary. The visual quality study will be signed by a registered landscape architect. 7. Consultant's environmental team members shall meet with City and Caltrans environmental staff assigned to the project to. discuss a refmed work program for the interchange project. Consultant shall prepare an environmental checklist based on these initial meetings and a review of the project alternatives. 8. Consultant shall determine the level of environmental clearance required. It is anticipated that a Categorical Exemption/Categorical Exclusion will be sufficient for the PSR/PR documents. The consultant shall evaluate the need for a Negative DeclarationlFinding of No Significant Impact (Neg.DEC./FONSI) for the Telegraph Canyon interchange. 9. Consultant shall prepare NOP and NOI for issuance by City ofChula Vista. 10. Consultant shall prepare the Draft Environmental Document (DED). Consultant may be required to attend a public hearing to present the results of the Draft PSR/PR and DED. Consultant shall provide a Final Document incorporating responses to all wTitten and verbal comments received during the DED review period. E. The consultant shall prepare an Administrative Draft PSR/PR for submittal to the City for review. After receipt of comments, a Draft PSR/PR shall be prepared for review by Caltrans and FHWA. Consultant shall prepare a Final PSR/PR, incorporating all comments received on the Draft PSR/PR. Consultant shall provide 15 bound copies and an unbound reproducible of each of the reports. Phase 3 (PS&E Documents) Consultant shall prepare Plans, Specifications and Estimates (PS&E) for the construction of the improvements for the 1-805rrelegraph Canyon Road interchange as identified in Phase I. All design documents shall conform to Caltrans metrication design requirements. The City shall provide Consultant with all necessary base mapping for the preparation of PS&E documents. Consultant shall prepare all necessary documents including the following: A. A full set of PS&E documents shall be prepared for the roadway, drainage, utility, traffic signal, and other improvements. This shall include, but not be limited to, a title sheet, project layout, plans, profiles, cross-sections, and superelevations as required by Caltrans. Documents to be submitted for review 30%, 75%, 90% and 100% levels of completion. B. Preparation of Materials Report (project Design Report) in accordance with Caltrans Exhibit A Page 7 Rick A.cst January 16, 1996 /9...).9 requirements and a foundation report for the retaining wall presenting findings, conclusions and recommendations regarding the proposed roadway improvements. The reports will include Log of Test Borings, detailed descriptions for the subsurface exploration, laboratory testing, site conditions, groundwater conditions, and geologic conditions encountered at the site. The reports will also include evaluation and recommendation concerning embankment construction, embankment foundation preparation, retaining '",all foundation design, liquefaction potential, corrosion, faulting and seismicity, pavement section design, groundwater control, earthwork, and other special construction considerations. Performance of subsurface evaluation will include the excavation, logging and sampling of four exploratory borings with depths ranging from 20 to 50 feet. A Caltrans encroachment permit ""ill be required for this work. It is assumed that there will be no fees incurred by consultant in obtaining this permit. C. Design surveys will be conducted to supplement the provided metric mapping with accurate paving elevations adjacent to areas to be widened. A Caltrans encroachment permit will be required for this work. It is assumed that there will be no fees incurred by the consultant in obtaining this permit. D. Plans. specifications and estimates shall be prepared for tie-back retaining walls below the southbound I-80S to eastbound Telegraph Canyon ramp bridge. Plans will be prepared on Caltrans Division of Structures format sheets. along with the required structural calculations. Attendance at a type selection meeting in Sacramento is not anticipated as it is likely to be waived. E. Construction staging plans, as applicable, shall be prepared. F. Traffic management plans, if necessary, shall be prepared. G. Detailed specifications shall be prepared. H. A detailed cost estimate and cost analysis shall be prepared. Consultant shall use the Caltrans process and format for providing a detailed engineers estimate. ORANGE AVENUE INTERCHANGE This interchange project includes bridge widening or installation of a new parallel structure, ramp widening, intersection widening, and the installation of traffic signals. The study approach for this interchange project involves the preparation of a combined PSRlPR. The PSRlPR document will address the potential for implementing a phased project which would involve the installation of traffic signals and minor widening of the off-ramps prior to widening of the overpass. Exhibit A Page 8 Rick_A.cst January 16, 1996 17'JI/ Consultant will attend montWy Project Development Team (PDT) meetings and separate technical topic meetings as necessary. The consultant shall notify City staff ofthe purpose, date and time of any technical topic meetings that are scheduled with outside agencies. The PDT meetings will be combined meetings addressing all three interchanges at the same monthly meeting. The consultant will attend up to three community meetings to assist the City in providing project updates and alternatives to the public. The following is a breakdown of work tasks for this interchange: A. Compile and evaluate daily and peak hour intersection traffic data to assist in the determination of preliminary geometries. B. Review and evaluate available accident data from City and Caltrans sources. C. Perform traffic analysis of alternative design concepts. D. Compute levels of service using Caltrans IL V method and HCM procedures for all design options. including ramp intersections and adjacent local street intersections. Traffic signal intercolU1ect and queuing will be analyzed using computer simulation methods for all design alternates. E. Prepare up to three preliminary geometric alternatives that provide for traffic capacity needs identified under threshold scenarios. These alternatives would address implementation of a phased project. F. Evaluate bridge structure alternatives consisting of widening or a new parallel structure. If widening is considered, evaluation of the existing structure will be made to determine ifit meets appropriate seismic criteria. If there is a need for a retrofit, as determined by this Advanced PlalU1ing Study, consultant will work on behalf of City to determine the scope. cost and funding responsibility for this work. G. Prepare preliminary cost estimates for the alternatives. Evaluate possible design exceptions that could save costs without decreasing safety. H. Obtain concurrence from City and Caltrans on geometries and cost estimates. I. Prepare PSRlPR and Environmental work with the same scope of work as that for Telegraph Canyon Road - Phase 2, with the following exceptions: 1. The Advanced Planning Studies will be for bridge alternatives, rather than retaining wall systems. Rick A.cst January 16, 1996 Exhibit A Page 9 /9' J/ 2. It is not anticipated that any exceptions from standards will be needed. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Geometries and Cost Estimate for Telegraph Canyon Road. Deliverable No.2: Project Study ReportlProject Report (PSRlPR) for Telegraph Canyon Road. Deliverable No.3: Plans, Specifications and Estimates (PS&E) for Telegraph Canyon Road. Deliverable No.4: Access Approval Report (AAR)for East Palomar Street. Deliverable No.5: Project Study Report (PSR)for East Palomar Street. Deliverable No.6: Project Study ReportlProject Report (pSRlPR) for East Orange Avenue. D. Date for completion of all Consultant services: January ?3. 1997 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: 1. Main Line, Interchange and arterial ttaffic Projections Rick A.cst January 16, 1996 Exhibit A Page 10 /9<J;' 2. Digital format base mapping topographic data II. Compensation: A. () Single Fixed Fee Arrangement. For perfonnance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: ,payable as follows: Milestone or Event or Deliverable Amount or Percent afFixed Fee B. ex) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated ",ith each phase of Services. in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase. unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Phase Fee for Said No. Phase 1 Geometries and Cost Estimate for Telegraph Canyon Road. $20.150 2 Project Study ReportJProject Report(PSR/PR)for Telegraph Canyon $92.960 Road. 3 Plans, Specifications and Estimates (PS&E) for Telegraph Canyon $138.750 Road. 4 Access Approval Report (AAR)for East Palomar Street. $50,400 5 Project Study Report (pSR)for East Palomar Street. $78,960 6 Project Study ReportJProject Report (PSR/PR) for East Orange $104,720 Avenue. 7 Expenses $17,180 Rick_A.cst January 16, 1996 Exhibit A Page II /f-JJ c. () Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (I) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) () Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation \\ithout further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's O\\TI cost and expense. Rate Schedule Category of Employee of Consultant Name Hourly Rate ( ) Hourly rates may increase by 6% for services rendered after [month], 19 , if delay in providing services is caused by City. Exhibit A Page I 2 Rick A.cst January 16, 1996 /9'Y( .,'-. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: () 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 $ () Other Actual Identifiable Direct Costs: 13. Contract Administrators: City: Bob Grandy, Smith And Kempton 980 Ninth Street, Suite 1560, Sacramento, CA 95814 Consultant: Kai Ramer, Rick Engineering Company 5620 :-riars Road. San Diego, CA 92110-2596 14. Liquidated Damages Rate: ( ) $_per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No. I. Investments and sources of income. ( ) Category No.2. Interests in real property. Exhibit A Page 13 Rick_A.cst January 16,1996 19--3.>' () Category No.3. Investments, interest in real property and sources of income subject to the regulatory, JPermit or licensing authority of the department. () Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. () Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: ------------------------------------------------------------ ------------.------------------------------------------------ ------------------------------------------------------------ 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: 1. Helix Environmental 2. Urban Systems Associates 3. Ninyo and Moore 4. McDaniel Engineering 5. JANMAC, Inc. 6. KTU&A Landscape Architects 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: Rick A.cst January 16, 1996 Exhibit A Page 14 )9"J~ (X ) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: (X) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: 19. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ (X ) Retention.]f this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner. :he City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Ew"t. listed below, has occurred: (X ) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services (X) Other:Satisfactory Completion of Deliverable Exhibit A Page 15 Rick_A.cst January 16, 1996 /~'.Jl COUNCIL AGENDA STATEMENT Item ~f) Meeting Date 1/23/96 Resolution I [(J 9'/ approving Encroachment Permit No. PE-355 for banners placed on street light standards in EastLake SUBMITTED BY: Director of Public WOrksj~~ REVIEWED BY: City Manage~ ~6:ti) (4/Sths Vote: Yes_NoX) EastLake Development Company has requ~ed ;rmission to mount cloth banners with metal brackets on the City's street light standards in the Community of East Lake Greens and along Otay Lakes Road adjacent to EastLake's development. In accordance with Chapter 12.28 of the Municipal Code, Council must authorize the issuance of the permit. ITEM TITLE: RECOMMENDATION: That Council adopt the resolution authorizing the City Engineer to issue the subject encroachment permit, with conditions. BOARDS/COMMISSIONS RECOMMENDATION: No Boards or Commissions action is required for this matter. However, the Planning Department staff has reviewed the request and their comments are included in the discussion. DISCUSSION: By letter dated December 4, 1995, EastLake Development Company applied for an encroachment permit to allow it to mount banners on the City's street light standards. Two types are proposed (refer to Exhibit "A"): A. Double banners (one on each side of the light standards) on 55 street lights within the medians in: I) Otay Lakes Road from EastLake Parkway to Hunte Parkway 2) EastLake Parkway beginning at Fenton Street in EastLake Business Park extending south to a point south of Clubhouse Drive in EastLake Greens 3) Hunte Parkway from Otay Lakes Road south to future East Orange Avenue B. Single banners on light standards along: 1) All of Clubhouse Drive 2) North and South Greensview Drive A total of 55 single banners are planned for these streets. dt' ~/ Page 2, Item ~ () Meeting Date 1/23/96 The size of the banners will be 30 inches wide by an adjustable length from 48 to 60 inches. The cloth banner will be held in place by two fiberglass horizontal poles mounted on cast aluminum brackets held in place by bands encircling the street light standard. Windspill, the proposed supplier of the banners, guarantees against rusting of any of its materials. The banners proposed for Otay Lakes Road will display an Olympic and ARCO Olympic Training Center theme almost year-round. The designs have been approved by the Olympic Training Center and the U.S. Olympic Committee. The banners may be changed infrequently to seasonal themes. The banners within the EastLake Greens community will have only seasonal themes, being changed approximately three times a year. Staff recommends that the following conditions be added to the encroachment permit, if approved: A. A seasonal banner program outlining different seasonal events and banner design for each event shall be submitted to staff for final review and approval. B. There will be no advertising on the banners. C. A color and materials sample board for each design shall be submitted to staff for review and approval prior to mounting. D. All banners are to be mounted at a uniform height on the street light standards. E. The permit can be revoked at any time (without cause) and the banners will be removed by the permitee at their expense. Included within the encroachment permit is a maintenance and removal agreement providing the City with the means to ensure that the banners are kept in good repair. If Council desires, staff will monitor the success (or failure) of the banner program in EastLake and possibly return with a policy on similar encroachments requested by developers in the future. This would avoid the need for Council's consideration on each and every request. FISCAL IMP ACT: The encroachment permit fee has been paid compensating the City for processing this permit. The cost of the banners and any maintenance done on them is the sole responsibility ofthe permittee. Materials attached: Exhibit "A" showing placements of banners Exhibit "B" showing design of OTC theme banner (taken from sketch submitted) Exhibit "c" letter from Eastlake 12/4/95 Resolution approving encroachment Copy of Encroachment Permit No. PE-355 ,)1)'.).. / J() -J( RESOLUTION NO. /8'/'11( RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ENCROACHMENT PERMIT NO. PE-355 FOR BANNERS PLACED ON STREET LIGHT STANDARDS IN EASTLAKE WHEREAS, EastLake Development Company has requested permission to mount cloth banners with metal brackets on the city's street light standards in the Community of EastLake Greens and along Otay Lakes Road adjacent to EastLake's development; and WHEREAS, in accordance with Chapter 12.28 of the Municipal Code, Council must authorize the issuance of the permit. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve Encroachment Permit No. PE- 355 for banners placed on street light standards in EastLake subject to the following conditions: A. A seasonal banner program outlining different seasonal events and banner design for each event shall be submitted to staff for final review and approval. B. There will be no advertising on the banners. C. A color and materials sample board for each design shall be submitted to staff for review and approval prior to mounting. D. All banners are to be mounted at a uniform height on the street light standards. E. The permit can be revoked at any time (without cause) and the banners will be removed by permittee at their expense. BE IT FURTHER RESOLVED that the City Engineer is hereby authorized to issue Encroachment Permit No. PE-355 for banners placed on street light standards in EastLake bject the above conditions. for:y Presented by John P. Lippitt, Director of Public Works City C:\rs\encroach.per ~P-~fO -(; H LE6ENO o. S/A/IJU 8AN#e/lS ..OtJU8L.E 8Alt/NEItS NOTE: TN/s eXH/I!J/r IUP/Z6SBNTS ONI.Y A $CNelrl,AT/(; ANO OOB $ A/OT lZe~LEc.T,A Tltl/e e.OI/NT Of!: 8AAlAle/i!S. FILE NO. PE- 355 OWN BY: J H DATE: '/9/'~ EXHIBIT '~ II c2tJ -- / iJI :ii 1 ~ i !II I. 1 I II I " I' i ~ I I i i I' Il OWN BY: J 1./ DATE: l/~/% I LJ * HOLIDAYS L...J I' I FILE NO - . PE. !J 55 eXI-I/8/ T HB 1/ ~[)- g' 071v ,'10' f't, 355 December 4, 1995 John Hardesty, Permits Engineer Office of the City Engineer P.O.Box 1087 Cbula VISta, CA. 91912 RE.: ENCROACHMENT PERMIT, CITY COUNCn. APPRaV AL Permits: This is to request an en<:1'll8Chment permit for installation ofbanner standards on city lamp poles as dcscnbed on the enclosed map. The standards to be installed are the usua1 two-arm variety constructed ofbeat_ted cast aluminum with fiberglass pole arms. Width dimensions are thirty inches and length is 8(ljustable from forty-eigbt to sixty inches. Insta1lation of the standards would take place in Janwuy 1996 at the same time that bannen would be hung. Standards for the loop roads ofF..,T ...k~ GIeens. including those sections of Hunte Parkway and S. Greensvicw Drive DOt yet open. may be installed in spring 1996. Total number of double standards: 55; total number of single standards: 55. The banners to be hung on Clay Lakes Road will be with an Olympic and Arco Olympic Training Center theme and have been approved by the OTC as wdlas the U.S. Olympic Committee. It is anticipated to use the Olympic theme banners almost year-round with an occasional change to a seasonal banner. Banners to be hung on EastLake Parkway, Hunte Parkway and within the EastLake Greens community will be seasonable banners and will be changed approximately three times per year. Anticipated materials c:osts for the banner standards are app"',.;""'t~1y $6,500.00. Enclosed, please find EastT ~k~ Development Company check in the amount of $250.00 as required for encroachment permit fee. Thank you in advance for your prompt attention. Please contact me directly if you require any further information. Sincerely, ~~ Assistant Project Manager ~f)-f I:.. .. .... fASTLAKE OEVROPMENT COMPANY 900 lone Avenue Suite 100 Chula Vista. CA 91914 (619) 421-0127 ~AX (619) 421-1830 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ENCROACHMENT PERMIT NO. PE-355 FOR BANNERS PLACED ON STREET LIGHT STANDARDS IN EASTLAKE WHEREAS, EastLake Development Company has requested permission to mount cloth banners with metal brackets on the City'S street light standards in the Oommunity of EastLake Greens and along otay Lakes Road adjacent to EastLake's development; and WHEREAS, in accordance with Chapter 12.28 of the Municipal Code, Council must authorize the issuance of the permit. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve Encroachment Permit No. PE- 355 for banners placed on street light standards in EastLake subject to the following conditions: A. A seasonal banner program outlining different seasonal events and banner design for each event shall be submitted to staff for final review and approval. B. There will be no advertising on the banners. C. A color and materials sample board for each design shall be submitted to staff for review and approval prior to mounting. D. All banners are to be mounted at a uniform height on the street light standards. E. The permit can be revoked at any time (without cause) and the banners will be removed by permittee at their expense. BE IT FURTHER RESOLVED that the city Engineer is hereby authorized to issue Encroachment Permit No. PE-355 for banners placed on street light standards in EastLake bject the above conditions. John P. Lippitt, Director of Public Works o fOJ Presented by City C:\rl,.ncrOlch.per 010-/0 Recording requested by and please rerum to. City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 [ X] This document benefits permittee. Recording fee required. T (This space for Recorder's use, only) T AUTHORIZA nON FOR ENCROACHMENT IN CITY RIGHT OF WAY Permit No. PR_~"" Application Fee: Receipt No.: Inspection Fee: Receipt No.: !t?~0 00 147R94 !t~4R 00 Pursuant to Chapter 12.28 of the Chula Vista Municipal Code, permission is hereby granted by the City of Chula Vista (hereinafter "CITY") to: RASTT.AKR nRVRT.OPMF.NT rOMPANV (hereinafter "PERMITTEE") to do work within a ponion of right-of-way belonging to the City of Chula Vista. All terms and conditions of this permit as to the PERMITTEE shall be a burden upon permittee's land and shall run with the land. All conditions apply to PERMITTEE and all his/her/their heirs, assigns, successors or transferees. Whereas, the PERMITTEE has requested the permission from CITY to encroach on said CITY's right-of-way for the direct benefit of the EastLake Community. PERMISSION IS HEREBY GRANTED to do the following work: Mount banners on CITY's street light standards within the EastLake community in accordance with the attached sketch (hereinafter "ENCROACHMENT"). Now, therefore, in consideration of their mutual promises, and other good and valuable consideration, the parties hereto agree as follows: Page I JfJ -II Permission is hereby granted PERMITTEE to install the above-mentioned ENCROACHMENT on the real property of CITY described above in accordance with the following conditions: I. ENCROACHMENT shall be installed and maintained in a safe and sanitary manner as determined by CITY. ENCROACHMENT shall, in no way interfere with the maintenance of street trees or operation of any existing utility, including but not limited to water meters, CATV and telephone pedestals, public storm drain and sewer lines. Any costs arising from changes of or to any facility due to the ENCROACHMENT shall be the sole responsibility of PERMITTEE. 3. Maintenance, removal or relocation of ENCROACHMENT shall be the sole responsibility of PERMITTEE, and/or PERMITTEE's lessee, should there be any, at no expense to CITY, 4. A seasonal banner program outlining different seasonal events and banner design for each event shall be submitted to staff for review and approval. 5, There will be no advenising displayed on the banners. 6. A color and materials sample board for each design shall be submitted to staff for review and approval prior to mounting. 7. All banners are to be mounted at a uniform height on street light standards. This permit is revocable without cause upon thirty (30) days written notice to the permittee, and upon such notice, the installation must be removed or relocated, as and when specified by CITY, at PERMITTEE's cost. If PERMITTEE fails to remove or relocate ENCROACHMENT within the period allotted, CITY may cause such work to be done and the cost thereof shall be imposed as a lien upon PERMITTEE's property. PERMITTEE shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the PERMITTEE, or any agent or employee, subcon- tractors. or others in connection with the execution of the work covered by this Agreement. except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees, PERMITTEE's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or nol. Further, PERMITTEE at its own expense shall, upon wrinen request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. PERMITTEE's indemnification of City shall not be limited by any prior or subsequent declaration by the PERMITTEE, PERMITTEE hereby agrees to and shall defend CITY, its elective and appointive boards, officers, agents and employt:es against any claim, and in any suit or proceeding, at law or in equity, for damages caused, or alleged to have been caused, by actions taken or alleged to have been taken under this permit by PERMITTEE directly or by hisiher/their agent(s), contractor(s), or agents or employees of same. PERMITTEE further agrees to' and shall indemnify and hold harmless CITY, its elective and appointive boards, officers, agents and employees, as indemnitees, for any claim, suit or proceeding submitted, brought or instituted against CITY as a result of actions taken, or alleged to have been taken, under this permit, including, but not limited to, any asserted liability for loss of or damage to property or for personal injury, including death. ~ d( t:J - /.2 ;- r" The undersigned PERMITTEE hereby accepts the foregoing encroachment permit upon the terms and conditions stated herein aild agrees to comply with all stated terms and conditions and with all applicable laws, including any applicable provision of the Chula Vista Municipal Code. It is further agreed that if any pan of PERMITTEE's ENCROACHMENT or PERMITTEE's rights under this encroachment permit should interfere with the furore use of the CITY's right of way by the general public, it must be removed or relocated at PERMITTEE's expense and such right shall be terminated as and when indicated by CITY. In the event of a dispute arising as to the terms or interpretation of this permit, the City Engineer shall resolve said dispute in his sole and unfenered discretion, reasonably applied. (End of page. Next is S,gnature Page.) Page i ~O-/3 SIGNATURE PAGE CITY OF CHULA VISTA: Permit approved by: Clifford L. Swanson Deputy Public Works Director/City Engineer (City Clerk to attach acknowledgment to next page.) PERMITTEE: (No/ary /0 al/aeh aeknowledgmen//o next page.) ADDroved as to form: Bruce M. Boogaard, City Attorney ~-" ~o-/~ Date: Date: r~ PI.. /\1> . '- r I \.... ".....J MEMORANDUM January 22, 1996 File No. 0710-40-PE-355 FROM: Honorable Mayor and City Council C- II John Goss, City Manager~ If).,:!\();jj.\ John P. Lippitt, Director of PUblicCwJork:~ TO: VIA: SUBJECT: Encroachment Permit for banners to be mounted on street lights in EastLake to be considered at Council meeting of 1/23/96. :".,:,~,~~.,.;;:,~~~~;~;:~~::::~;;~:;:;;:;;;:;;;~~~:~~r;:;~~~Q~;~;~Q:r:;:~;:~:;:;~':'Z~~:;~:~:r:;;;:;~ii::?:q~Q~~~::~~;):i;;::;~::'~~;:::~~:t~~::;;;;t,~";::;::::?~:t':;;;;<:,~~~~=~=,:;~~:~,=~",~::::m~".;;;;:-;::;'W~~:::!,t't~'i1~~r~~~:~;:;;;J;r.==:;~::::(:::~::m;;; The subject encroachment permit is scheduled to be considered by Council at its meeting on Tuesday, January 23rd. This memo is to advise you that Item A.1) on Page 1 of the agenda statement regarding the subject encroachment permit is incorrectly described. The double banners on Otay Lakes Road are proposed' to be easterly from the westerly subdivision boundary (as indicated on Exhibit "A") and not from EastLake Parkway, as stated in the agenda statement. JWH /, /' /- .. -(:../ -- __ ~1 ITEM TITLE: COUNCIL AGENDA STATEMENT Date REPORT: EASTLAKE PARK ISSUES SUBMITTED BY: Director of Parks and Recreation REVIEWED BY: /~ city Manag~ 4/sth Vote: Yes Item No. 1/23/96 No --X-. Staff recommends the item be continued to the meeting of 2/6/96. .2/'/ .2/ ,- // l/~ v I '--- J .~;;L 13UDGE'f l'RESEN'fA110NS JANUARY 23, 1996 FIt'lANCE FLANNlNG NA'fURE CENTER FIRE OTIS RANCll dJ~/ ~ ,~~ -~~ ~ ! .~~ DEPARTMENT OF FINANCE STATEMENT OF PURPOSE TO ASSIST THE COUNCIL AND CITY MANAGER IN MAINTAINING PUBLIC CONFIDENCE IN THE FISCAL INTEGRITY OF THE CITY BY ACCOUNTING FOR, CONTROLLING, AND REPORTING ON THE CITY'S RESOURCES IN ACCORDANCE WITH SOUND PUBLIC FINANCIAL MANAGEMENT PRACTICES DEPARTMENT OF FINANCE I DIRECTOR II I I I I REVENUE & OPERATIONS PURCHASING PRINT SHOP RECOVERY (12.2 Positions) (5 Positions) (1.5 Positions) (5.5 Positions) General Accounting Purchasing Offset Printing Daily Revenue Payroll Accounting Central Stores Bindery Work Collection Assess. District Acctg Salvage Delinquent Accts ~ash Management Business Licenses Budgetary Control Cost (Project) Asset Control Accounting Debt Management Fee Schedule Maintenance /} /1 I, c;;.~ ~ j BUDGET FY1995-96 GENERAL FUND BUDGET ....................$1.4 million FY1995-96 PARKING METER FUND BUDGET ...........$294,490 FY1995-96 DEBT SERVICE BUDGET .....................$15.4 million STAFFING ....... 24.2 Positions (23 full-time, 1.2 part-time) Professional - 11 positions Clerical & Other - 13.2 positions ORGANIZATION OPERATIONS (12.2 positions) - General accounting (>200 Funds), employee payroll ($1.5 million biweekly), contract & vendor disbursements ($300,000 weekly), cash management ($85 million), budgetary control ($103.3 million). PURCHASING (5 positions) - Centralized procurement of materials and supplies for both control and efficiency, supplies inventory management, asset disposal (salvage) operations. PRINT SHOP (1.5 positions) - Citywide printing services for such items as weekly Council Agendas, Transit schedules, informational flyers, etc. REVENUE AND RECOVERY (5.5 positions) - Revenue collection and enhancement, with emphasis on business license taxes, transient occupancy taxes, parking citation penalties, utility users taxes, franchise fees, dog license fees, and delinquent accounts. Also, cost (project) accounting to facilitate and maximize reimbursement of General. Fund costs from all other revenue sources, and coordination of the master fee schedule to ensure fee levels are maintained on a current basis. -' ~d'-~ DEPARTMENT OF FINANCE OPERATIONS STATEMENT OF PURPOSE Professionally and prudently serve as fiscal stewards for the City of Chula Vista providing fiduciary functions, acting as official financial record keeper and fulfilling special financial research and reporting requests. SAMPLE OBJECTIVES * Prepare annual operating budget in accordance with Council direction and appropriation limits, and monitor actual performance of both revenues and expenditures. * Provide support to the City Council, City administration, other City Departments, citizens and outside entities with special financial research and reporting requests. * Invest idle cash for all Funds to meet the goals of security, liquidity and yield in accordance with the official City investment policy. SAMPLE PERFORMANCE MEASURES * Total budgeted revenues and appropriations * Number of special requests Icompleted (example: trash rates) * Average amount of investment portfolio and yield ~ j_4 l'~)(-~~ ,/ DEPARTMENT OF FINANCE PURCFlASING STATEMENT OF PURPOSE To maximize City resources by providing centralized procurement service in a timely manner and in accordance with existing governing policies and established business practices. SAMPLE OBJECTIVES * Respond to departmental requests for goods and services in a prompt and appropriate manner. * Procure goods and services for all City functions as efficiently as possible. * Improve communications with customer departments. SAMPLE PERFORMANCE MEASURES * Percentage of requisitions processed within an acceptable time frame. . Number of new City-wide oontracts issued. * Number of training and infonnational meetings held. /1/) /' "7(,/ - {p , ' DEPARTMENT OF FINANCE PRINT SHOP STATEMENT OF PURPOSE To provide all City departments with high quality, cost effective, printing services. SAMPLE OBJECTIVES . Complete all requests for service within requested time frame. . Continue to maximize City resources by providing cost effective printing servIces. SAMPLE PERFORMANCE MEASURES . Percent of all request for services completed within requested time frame. . Cost of Print shop operation as compared to number of print impressions. 'l./} J =I.,.{ - DEPARTMENT OF FINANCE REVENUE & RECOVERY STATEMENT OF PURPOSE To provide customers with prompt courteous service and accurate information in person and over the phone while enhancing and maximizing City revenues. .1 SAMPLE OBJECTIVES * Assist customers over the phone and in person with all transactions promptly, courteously and accurately. * Bill, collect and deposit all City revenue and reimbursements at the rates specified by ordinance, res01ution, contract or grants in a timely and accurate manner. * Decrease bad debt and non-collectibles through the City-wide past due receivables collection program. * Maximize revenue from existing programs, including inter-fund reimbursements. SAMPLE PERFORMANCE MEASURES * Percentage of customers successfully helped on the first contact. * Number of invoices generated annually from all revenue sources. * Amount ofrevenue received in past due receivables accounts. * Completed update of the Master Fee Schedule by January 31, 1997. JI /1 n (') .~.~-,5 DEPARTMENT OF FINANCE RECENT ACCOMPLISHMENTS + Refinanced $24,100,000 of Redevelopment Agency Tax Allocation Bonds. + Refinanced $23,400,000 of Assessment District Bonds for five different districts. + Implemented changes required to payroll processing in order to facilitate work furlough program. + Purchased furnishings for new South Chula Vista Library worth $1.25 million from eight different vendors. + Implemented billing and collection system for the newly approved fire inspection fees. + Initiated contract with the City of Lemon Grove to process their dog licenses. + Participated on negotiating teams for property tax sharing agreement on the proposed Otay Ranch annexation and the proposed construction and operation of a solid waste transfer station. MAJOR CHALLENGES + Assisting the City Manager in formulating a balanced proposed budget for FY 1996- 97. + More pro-actively monitoring the fiscal status of all City Funds. + Maintaining positive cash balances in all operating Funds during this era of increasingly difficult fiscal conditions. + Implementing an in-house sewer billing collection process for past due accounts as a result of implementation of an in-house sewer billing system by Engineering with no increase in staff. + Consolidating procurements for office supplies, custodial products, etc., under master agreements in order to reduce costs, inventories, and response times. ",-2;(- f CITY OF CHULA VISTA PLANNING DEPARTMENT STATEMENT OF PURPOSE To plan for the future well-being of Chula Vista and its citizens by advising decision makers, implementing their direction, and providing for the general health, safety, and welfare of the City through recommendations which promote orderly growth and a desirable physical framework which balances environmental, social, and economic concerns. GENERAL INFORMATION (Excluding Otay Ranch Pla:J.ning Division): FY 1995-96 Budget $1,611,930 Full-time Employees 23.5 Temporary Employees 1.5 BOARD AND COMMISSION SUPPORT: . Planning Commission . Design Review Committee . Resource Conservation Commission . Growth Management Oversight Commission -", /)- //) u\,y{ /~, PLANNING DEPARTMENT ~ \S I ~ DIRECTOR OF PLANNING ADVANCE PLANNING OTAV RANCH - General Plan I Community Planning COMMUNITY PLANNING - Growth Management ---------------- - Open Space & Parl< Planning - Information Systems ADMINISTRATIVE - Budget I Accounting ASSISTANT PLANNING DIRECTOR - Clerical Support - aWL I Training CURRENT PLANNING DEVELOPMENT PLANNING ENVIRON MENTAL EASTERN CHULA VISTA - Zoning & Subdivisions - Project Environmental Review COMMUNITY PLANNING - Design & Landscape Review - Mitigation Monttoring - Eastlake - Public Information I Counter - Federal & State Permit Coordination - San Miguei Ranch ADVANCE PLANNING DIVISION STATEMENT OF PURPOSE The Advance Planning Division is responsible for implementing the City's General Plan, which is a long-range plan for the orderly physical development of the City, and contains policies guiding future growth, public facilities, and the conservation of open space and natural resources. This division also provides primary staff support to the Growth Management Oversight Commission (GMOC). GOALS 1) Maintain a comprehensive and up-to-date General Plan, and coordinate processing of all General Plan amendments. 2) Implement General Plan programs and special projects which address both citywide and neighborhood planning issues. 3) Maintain an effective Growth Management Program, including annual monitoring of threshold standards by the GMOC, and review of development projects to ensure compliance with growth management policies. 4) Represent the City in major regional planning and growth management programs, including: . SANDAG Regional Growth Management Strategy . Multiple Species Conservation Program . Otay Valley Regional Park Planning Program. 5) Maintain effective annexation policies and procedures. 6) Continue to implement a llomprehnesive open space and park planning strategy for the Ci~y, in coordination with the Parks and Recreation Department. 7) Develop and maintain Geographic Information System (GIS) applications, as well as population and housing forecasts and estimates, for use by the Planning Department, other City departments, and the general public. PERFORMANCE MEASURES . Completion of plans, reports, and snecial projects in accordance with approved work programs and ~chedules /. /7 //J -"1""l'-/.", CURRENT PLANNING DIVISION DEVEWPMENT PIJ.ANNING SECTION STATEMENT OF PURPOSE The Development Planning Section is responsible for: . administering the City's Zoning Ordinance, and processing all applications for zoning approvals and permits, including conditional use permits and variances; . processing applications for tentative subdivision maps; . implementing the City's Design Review and Landscape Review Programs; and . providing information to the public regarding all City planning and zoning programs. This section also provides primary staff support to the Planning Commission and Design Review Committee, and coordinates the annual Beautification Awards Program. GOALS 1) Maintain effective and up-to-date zoning and subdivision regulations, as well as an efficient plan review process. 2) Provide effective and timely review of all design review and landscape review applications. 3) Provide quick and courteous responses to public requests for planning and zoning information. 4) Continue to hold neighborkood meetings, early in the review process, on proposed projects which may be controversial. 5) Continue to utilize "project review teams" to provide expedited processing of high priority economic development and redevelopment projects. PERFORMANCE MEASURES . Number of permits and approvals processed . Percentage of permits and approvals processed within established timeframes . Number of requests for information I response times _$/I_/q ,....,.x --./ CURRENT PLANNING DIVISION ENVIRONMENTAL PLANNING SECTION STATEMENT OF PURPOSE The Environmental Planning Section is responsible for providing information to decision makers regarding the environmental impacts of proposed projects, and processing erjvironmental documents and permits, in accordance with the California Environmental Quality Act (CEQA), as well as other Federal, State, and local laws and regulations. This section also provides primary staff support to the Resource Conservation Commission. GOALS 1) Maintain updated environmental review policies and procedures. 2) Process all requests for environmental review in accordance with State-mandated and locally established timeframes. 3) Implement mitigation monitoring programs for development projects in accordance with applicable laws and regulations. 4) Provide staff assistance to other City departments on Federal and State environmental permits. 5) Assist in the City's implementation of the Multiple Species Conservation Program and other regional conservation programs. PERFORMANCE MEASURES . Number of initial studies, EIR's, and other environmental documents and permits prooessed . Percentage of above which are processed within established timeframes -r/j /,,-1 .=(->{ - '/ CURRENT PL~G DIVISION EASTERN CHULA VISTA COMMUNITY PLANNING STATEMENT OF PURPOSE The Current Planning Division coordinates the review of all general development plans, sectional planning area plans, and master tentative maps for master planned community projects in Eastern Chula Vista, and provides assistance to the Otay Ranch Community Planning Division. GOALS 1) Continue to coordinate the review of master planned community projects through a "team approach" which includes: . project managers and interdepartmental/interagency staff teams to review and process proposals . effective citizen input through the use of public forums and/or special citizen committees . workshops and briellings with City Council, Planning Commission, and other boards and commissions throughout the planning process. 2) Complete processing of speciijc proposals which are currently filed with the City, including EastLake III and San Miguel Ranch, during FY 1996-97. 3) Continue to provide staff support and review for the Otay Ranch project. 4) Review status of previously approved master plans, such as Salt Creek Ranch and Sun bow II, and work with property owners in the future to update those p~ans as necessary. PERFORMANCE MEASURES . Processing of Eastlake III and San Miguel Ranch plans in accordance with adopted work programs and schedules "~,q -~~ RECENT ACCOMPLISHMENTS . Child Care Element was IIdopted by City Council; received "Outstanding Planning Award" from San Diego Section of American Planning Association . Updated Design Review Mapual was adopted by City Council; received recognition from San Diego Section of American Planning Association . Updated Landscape Manual was adopted by City Council; recognized by Otay Water DIstrict for water conservation efforts . Expedited pl'O"'.....<ring of economic development and redevelopment projects: o MCA Amphitheater o Wal-mart shopping center o Rancho del Rey Business Park projects . "Hightech - Biotech Zone" was adopted for Eastlake Business Park . An Automated Project Tracking System was implemented to monitor the status of all project applications . Otay Valley Regional Park draft concept plan was prepared by Planning Department staff in cooperation with City and County of San Diego . Multiple Species Conservation Program subarea plans have been prepared for the Chula Vista Planning Area . Wireless Communication FlHlilities Issue Paper was prepared by a SANDAG technical committee chaired by the Chula Vista Director of Planning, to be used by Chula Vista and other cities in updating their zoning regulations for these facilities . An Affordable Housing Program for the Eastlake master planned community was prepared by the Planning Department and Community Development Department, and adopted by the City Council . Neighborhood meetings were effective in bringing together residents and developers to I'esolve zoning and design issues, and allow a 60,000 square foot Lucky grocery store to be constructed at 3rd A venue and J Street .:?~ -Ii? CHALLENGES PLANNING ISSUES . Otay Ranch Plan Implement!ltion . Eastlake m Community Plalll Update . San Miguel Ranch Community Plan . Expedited prOC('S.'ling of economic development and redevelopment projects . Update of zoning regulations: o conditional use permits o wireless communication facilities o home occupations . General Plan implementatiOlll programs, such as: o Southwest Chula Vista Economic / Planning Study o Child Care Element implementation o Housing Element implementation o Central Chula Vista planning studies . Open Space and Park Planning Programs: o Park Implementation Plans o Multiple Species Conservation Program o Otay Valley Regional Park Plan o Citywide Greenbelt and Trails Master Plan . Growth Man!lgement Program . Office Automation / Geographic Information System Projects BUDGET / ORGANIZATIONAL ISSUES . Cost Recovery . Priorities for Expedited Processing . Priorities for Special Projects . Boards and Commi""ions . Training and Organizational Development A;{-/7 -- Mission Statement Bayfront Conservancy Trust and Chula Vista Nature Center The specific purposes of the Bayfront Conservancy Trust and the Chula Vista Nature Center include, preserving land for scientific, ecological, recreational, and scenic opportunities; engaging the restoration, enhancement and preservation of the Sweetwater Marsh National Wildlife Refuge; receiving and holding dedications of land; and increasing public knowledge of and support for natural resource conservation. . . A public-benefit, nonprofit corporation established by the Chula Vista City Council in 1985. . Formed to ensure the restoration, enhancement and preservation of Chula Vista's invaluable natural resources, as a major attraction and as mitigation for midbayfront development. . Funding for the operation and maintenance of the Nature Center is supposed to come from a beneficial tax assessment district. ChuLl v.. City c.-.ril J__1713, ,. C BA \'FRONT CONSERVANCY TRUST 1996 .,;J.,;:? - /J! cv_c..... The Chula Vista Nature Center . The Nature Center is a nationally- recognized, living museum which exhibits the diversity of plants and animals which inhabit the Sweetwater Marsh National Wildlife Refuge and the San Diego Bay. . The Chula Vista Nature Center received full accreditation from the American Association of Museums (AAM) in 1992. . Since July 4, 1987, more than 525,000 persons have visited the Center including more than 125,000 students. ChulaViI:.atyc-dIJ--1J 2.\ ~M C BA \'FIlONT CONSEIlV ANCY TIlUST 1996 dA'/-/1 v__. The Role of the Nature Center . We are a focus of efforts to restore, enhance and conserve Chula Vista's most valuable assets, its natural resources. . We educate the public on the importance of natural resources and enlist their support for conservation. . We develop and implement restoration and enhancement projects. . We support and promote tourism and recreation. . We help Chula Vista to be recognized as a progressive and well-informed community which values its environment. . We interpret complex environmental and scientific issues to the public. Chu.. v...QtJ CoundIJ.....ry 23, 19M C SA l1'RONT CONSERVANCY TRUST1996 ~~-.:; v --"" BeT . Our 1995 - 96 budget is $470,980 . Our budget has decreased for the past two years and will decrease further this year. . There are 6.93 FTE in our department. . We depend on about 125 volunteers to run the Center. Volunteers gave 21,669 hours in 1994-95; 10,845 hours so far this fiscal year and 107,806 hours since 1987. . The Department has two divisions the Nature Center and the Bookstore. ilNII v... CIty CoundIJMU." 23, 1'" o SA \'FRONT CONSERVANCY TRUST ,... .?f1;Z -.;1/ CHULA VISTA NATURE CENTER ORGANIZATIONAL CHART BA YFRONT CONSERVANCY TRUST BOARD OF DIRECTORS CITY MANAGER ~ \ ~ '-. EXECUTIVE DIRECTOR BCT t VOLUNTEER COORDINATOR ADMINISTRATIVE SECRETARY , , , , MAINTENANCE ADMINISTRATIVE BOOKSTORE NATURE CENTER SPECIALIST OFFICE AQUARIST MANAGER AIDE ASSISTANT II (1100 hrsfvear) (785 hl'sfyear) 34 G.-.....a.;o.w. Major Goals . To operate the Chula Vista Nature Center as a world-class museum according to the standards of excellence established by the American Association of Museums. . To increase annual attendance at the Nature Center. . To provide interactive, hands-on science field trips for students. . To protect, restore and enhance the natural resources of Chula Vista found in the Sweetwater Marsh National Wildlife Refuge. . To maximize revenue to support operations prior to receipt of tax revenues from the Beneficial Tax Assessment District. . To operate the Bookstore as a profit-center. QnI" Vii. CJtr Coundl J-..y 23, t'" C BA \'fRONT CONSERVANCY TIlUSTl,..; /}/] -1/, -?(v\ - '^ 3 ....~. Performance Measures . To serve 50,000 visitors in 1996 -1997. . To serve 10,000 persons in outreach programs by June 3D, 1997. . To provide interactive, hands-on science field trips for 5,000 students from the Chula Vista City School District by June 3D, 1997. . To provide interactive, hands-on science field trips for 1,500 students from other school districts by June 3D, 1997. . To provide 35 public programs at the Nature Center by June 30,1997. ON" V.to. eM)' Council ,.......,. 23. 1996 o BA YFRONT CONSERVANCY TRUST 1996 '" /; -'I ;; ~/A-~ #/ 1oIIjoo."....,...... Major Accomplishments 1994 - 95 . Constructed and opened a bilingual interpretive trail system on Gunpowder Point. . Received a $400,000 grant for a flow-through seawater system. . Became the first museum in San Diego County to post a HomePage on the World Wide Web. . Opened Shuttle Bus Station as a presence on the Bayfront. . Opened Sea Reflections gyotaku exhibition. . Bred and released a clutch of Burrowing owls, a species of Special Concern. . Began construction of Phase I of the Clapper Rail Exhibit. 0.',,, Villa City eow.dl J--.,.13,. 1996 C BAYFRONT CONSERVANCYTRUSTt'" "/1 /1_ ~~.-{ -.:f- ") W+..........-. Challenges o Generate more external funding for the Nature Center. o To do more with less. o To complete the Clapper Rail exhibit. o To construct the seawater system. Qw.1a Va. CIty Coua. 11 ,__". U 1'" C BAYFRONT CONSERVANCY TRUST 1996 'I/} .-1 f 01q - ;( <?' FIRE DEPARTMENT STATEMENT OF PURPOSE \, ~ I THE PURPOSE OF THE CHULA VISTA FIRE DEPARTMENT IS TO .~ ~ SERVE AND SAFEGUARD OUR DIVERSE COMMUNITY THROUGH A PROFESSIONAL, EFFICIENT, AND EFFECTIVE SYSTEM OF SERVICES WHICH PROTECT LIFE, ENVIRONMENT AND PROPERTY. FIRE DEPARTMENT GENERAL STATISTICS BUDGET FY 1995-96 General Fund Budget Number of Employees $7,261,550 89.30 FTE ORGANIZATION Fire Suppression Fire Prevention Training Administration Disaster Preparedness FTE 79.0 6.0 1.0 2.8 0.5 BOARD SUPPORT International Friendship Commission 1995 EMERGENCY RESPONSE$ Medical Aid False Alarms Fires Citizen Assists Hazardous Conditions All Other 5775 828 798 582 235 34 Total 8252 1995 FIRE LOSS $2,671,690 INSURANCE SERVICE OFFICE (ISo) RATING 3 FIRE INSPECTIONS PERFORMED 5,206 /j /] "',1 ,;?(0'-~- FIRE DEPARTMENT ..~ \ ~ ~ ADMINISTRATION I I I I I FIRE FIRE EMERGENCY TRAINING PREVENTION SUPPRESSION MANAGEMENT I I I I EMERGENCY DISASTER SAFETY INSPECTIONS MEDICAL PREPAREDNESS I I I I PERSONNEL FIRE PUBLIC TRAINING INVESTIGATIONS SUPPRESSION EDUCATION I I I NEW HIRE PUBLIC PROCESSING EDUCATION INSPECTIONS 1995 PHOENIX FIRE DEPARTMENT NATIONAL SURVEY TYPICAL 100,000 POPULATION CITY Total personnel: 169 Number of personnel on-duty per shift: 40 Number of Stations: 7 Number of Engines: 7 Number of Ladders: 2 Engine Staffing: 4 personnel Ladder Staffing: 4 personnel Total calls for one year: 8,801 Fire - 1,205 EMS - 5,561 Total fire department budget: $9,884,000 Fire loss for one year: $2,566,000 ';1", /J") ,Ad -,:)<::" FIRE PREVENTION STATEMENT OF PURPOSE The Purpose of the Fire Prevention Bureau is to provide fire inspection, fire investigation and public education services which will ensure the highest level of safety to the residents of our community. Samole Obiectives . To ensure that construction conforms with minimum fire and life safety standards contained in the adopted fire and building codes and city ordinances. . To investigate all suspicious or incendiary fires which include any or all of the following preliminary elements: fire loss of $50,000 or greater, suspect information, injury or death. . To complete inspectior~ of all commercial occupancies according to city ordinances. . To provide an effective fire safety education program for the citizens of our community. Sample Performance Measures . Number of fire inspections performed . Number and types of fire investigations performed . Annual fire loss statistics . Number of fire safety education programs conducted; numbers of children and adults contacted . :!.;? -,:J / FIRE SUPPRESSION STATEMENT OF PURPOSE The purpose of the Fire Suppression Division is to extinguish fires and provide first response within Chuta Vista for: medical aid, resuscitation, rescue, hazardous materials assessment, flooding, and other related emergencies. In addition, Fire Suppression personnel respond to calls for and mutual and automatic aid for emergency assistance to surrounding jurisdictions. Specially trained personnel within the Fire Suppression Division participate in the national Urban Search and Rescue Team. Samole Obiectives . To respond to all fire, medical or related emergencies within the City of Chula Vista. . To meet or exceed the Fire Response Time Threshold Standard. . Respond to emergencies outside our jurisdiction based upon existing San Diego County and State of California Master Mutual Aid Agreements. . Perform all tasks both emergent and non-emergent in a safe and established manner. Samole Performance Measures . Percentage of calls meeting or exceeding the Fire Threshold Standard . Number of overall emergency calls for service . Number of EMT-Defibrillation calls '7'7_/f-1 .?(..-:?( <--/~ FIRE TRAINING DIVISION STATEMENT OF PURPOSE The purpose of the Training Division is to schedule and provide training for all Department personnel. This includes safety, emergency medical, fire prevention, fire suppression, rescue, hazardous materials, incident command, and vehicle operations. In addition, the Training Division coordinates new-hire and promotional testing with the Personnel Department. The Training Officer also serves as the Department safety officer and is responsible for review of injuries and accidents involving Fire Department personnel and equipment. Sample Obiectives . To provide or schedule all mandatory training for Fire Department personnel. . To provide or schedule training for Department personnel in the area of career development or skill enhancement. . To provide safety officer functions at all incidents when dispatched. . To review all Fire Department vehicle or personnel injury incidents. Sample Performance Measures . Number and types of Fire Department training hours . Number of new-hire interviews . Number of promotional tests . Number of accident review boards . Numbers and types of on-the-job injuries dA -~,"-7 FIRE ADMINISTRATION STATEMENT OF PURPOSE The purpose of the Fire Administration Division is to direct the administrative functions of the Department including: budget preparation, fire department facilities planning, fire department program review, and personnel selection, promotion and assignments. In addition, personnel within Fire Administration are responsible for the city-wide emergency management coordination. Sample Obiectives . To budget and manage funding for Fire Department programs and facilities. . To plan for future fire facilities and resource needs. . To recruit, promote and manage Fire personnel. . To communicate Fire Department information to all Department personnel, other city employees, and the general public. . To coordinate training and preparation for citywide emergency management activities. Sample Performance Measures . Number of Emergency Management training sessions/exercises conducted . Measurement of overall fire department performance Fire Loss Response Times EMT-D statistics Fire Service delivery costs v:?~- _:J / FIRE DEPARTMENT ACCOMPLISHMENTS . The Chula Vista Fire Explorer Program City-wide CPR Training Positive interventions with Junior and Senior High Schools . Citizens Adversity Support Team (CAST) 33,000 hours of volunteer time on behalf of Police and Fire Departments Immeasurable emotional support to Chula Vista residents . Partnership with Hartson Medical Services for Emergency Medical Assistance Model public/private partnership dating back to the 1970's Continues to provide Chula Vista residents and visitors with emergency medical assistance at the lowest rates in the County . Fire Safety House Trailer Hundreds of training hours in effort to prevent fire deaths and injuries State-of-the-art training tool Has greatly improved our communication with elementary schools . Aerial Ladder Truck Purchased and placed into service this past fiscal year State-of-the-Art Fire Apparatus Greatly improved fire and rescue service delivery . New Fire Station #4 - Relocation to Rancho del Rey Negotiations completed with McMillin to construct 4,000 sq. ft. , 2-bay station in late 1997/early 1998 (East 'H' StreeVPaseo Ranchero). Agreement also provides partial funding for the purchase of a new fire engine. . Fire Department Infectious Disease Control Plan Completed this past year in cooperation with Risk Management Division The program sets clear guidelines for protecting fire personnel from potentially harmful environments . Installing computers in all Fire Stations This has greatly improved the accuracy of data collection Improved communication between Department officers Enhanced efficiency in producing and disseminating vital management information . Women's Restroom Remodel CIP project Completed this past September Has significantly improved accommodations for female employees II II ,-;;'1 -'1/ I-~. 1 - _:i~ FUTURE FIRE DEPARTMENT ISSUES . Computer-Aided Dispatch System/BOO MHZ Communication System Issue Essential for Fire Threshold compliance Essential for Fire Department communication efficiency Important to identify funding mechanism for project . Rancho Del Rey Fire Station Design and construction of new station Construction to begin in latter part of 1997 . Update Fire Station Master Plan Document Established as a guideline for GMOC report Identify permanent Fire Station 6 Location . Public Education Enhancement Need to investigate alternate funding sources for staffing Fire Safety House. Alternate funding for local Juvenile Firesetter Program Look at overall ways to improve and expand fire safety message to the public. . Equipment Purchase or Upgrade Need to look at upgrade of certain Fire Department safety equipment: Includes SCBA's and wearing apparel (for firefighting and medical) Establish specifications for new fire apparatus for RDR Fire Station .:?/,'- efe. CHULA VISTA POST OFFICE BOX 697 o FIRE FIGHTER CHULA VISTA, CA 9191 ~._--.._-_. [~ @ I~ /I \U ff, LOCAL 2180, I.A.F.F. rn .. 2 3 I!Ri .,' IlL! ~W COUNCil OffiCES CHUlA VISTA CA TO: Mayor Shirley Horton FROM: Steve Miller, President LATF, Local2l8~ DATE: January 22, 1996 SUB]' Self Contained Breathing Apparatus Upgrade The Breathing Appliances that the Chula Vista Fire Department is presently using are in need of an upgrade to provide a higher degree of safety on the fire ground, The upgrade consists of replacing the belt mounted regulator, which utilizes a low pressure hose from the regulator to the mask, with a Mask Mounted Regulator (MMR) that attaches directly to the mask utilizing a high pressure hose from the regulator to the air cylinder. The ~ problems that presently exist with the belt mounted regulators are as follows: The low pressure hose while performing many of the tasks associated with Structural Firefighting is easily pinched, cutting off the air supply partially or completely, This poses a life threatening situation to the Firefighter. Recently, it has been documented that the spring associated with the exhalation valve on the mask is easily unseated causing the exhalation valve to remain open, This allows contaminated air to enter the mask posing a risk to the Firefighter. The advantages of the upgraded system: Allows the user to communicate effectively while the mask is being worn. The MMR allows the breathing air to be disconnected while keeping the mask on providing the user with eye protection if needed, Mask provides the user with 40% more viewing area, MMR allows the user to put on the mask en route to the incident This enables the user to decrease the amount of time needed after arriving on a scene to put on the breathing apparatus, This increases our ability to provide a quicker fire attack, minimizing property loss, ,,,,,~j /J';/ /)/4 <--'\/1'--:1 Most importantly it enables the user to conduct a search for victims faster, reducing the risk for the loss oflife. Estimated Cost The cost of this upgrade is approximately $54,752.00 This win purchase 38 regulators and 86 masks. This cost includes an $8,680.00 credit for all of the department's old masks and regulators The cost of purchasing an entirely new system would be wen more than $100,000.00. This upgrade must be purchased completely due to the requirements for individual masks for every user. Summary Firefighter safety is a priority that should not be overlooked no matter what the cost. This upgrade provides a level of safety that we presently do not have. This upgrade allows the Firefighter to do his or her job more effectively. This will enable us to serve the public in a more effective manner. Your interest in this matter is greatly appreciated, Thank you. '1/1 :2 (/ ./>0: - _I <5 --- Mission Statement Bayfront Conservancy Trust and Chula Vista Nature Center The specific purposes of the Bayfront Conservancy Trust and the Chula Vista Nature Center include, preserving land for scientific, ecological, recreational, and scenic opportunities; engaging the restoration, enhancement and preservation of the Sweetwater Marsh National Wildlife Refuge; receiving and holding dedications of land; and increasing public knowledge of and support for natural resource conservation. . A public-benefit, nonprofit corporation established by the Chula Vista City Council in 1985. . Formed to ensure the restoration, enhancement and preservation of Chula Vista's invaluable natural resources, as a major attraction and as mitigation for midbayfront development. . Funding for the operation and maintenance of the Nature Center is supposed to come from a beneficial tax assessment district. aw.. Vii. City Coundl J--ry 23. 1996 o BA YFRONT CONSERVANCY TRUST Ift6 /j /- 2~J" c:L:(-_J' r:v_c.... The Chula Vista Nature Center . The Nature Center is a nationally- recognized, living museum which exhibits the diversity of plants and animals which inhabit the Sweetwater Marsh National Wildlife Refuge and the San Diego Bay. . The Chula Vista Nature Center received full accreditation from the American Association of Museums (AAM) in 1992. · Since July 4, 1987, more than 525,000 persons have visited the Center including more than 125,000 students. ChuLl v... City eo..ndIJ_.!J 13. 1'" C BA YFRONT CONSERVANCY TRUST t996 'I 'I ~L//) A./f 7' 'Y_~ The Role of the Nature Center . We are a focus of efforts to restore, enhance and conserve Chula Vista's most valuable assets, its natural resources. . We educate the public on the importance of natural resources and enlist their support for conservation. . We develop and implement restoration and enhancement projects. . We support and promote tourism and recreation. . We help Chula Vista to be recognized as a progressive and well-informed community which values its environment. . We interpret complex environmental and scientific issues to the public. Chull v... City c-dl Junwy 23,. 1'" C BA \'FRONT CONSERVANCY TRUST 1996 ~:.; _/// ~ftI_Wo BeT . Our 1995 - 96 budget is $470,980 . Our budget has decreased for the past two years and will decrease further this year. . There are 6.93 FTE in our department. . We depend on about 125 volunteers to run the Center. Volunteers gave 21,669 hours in 1994-95; 10,845 hours so far this fiscal year and 107,806 hours since 1987. . The Department has two divisions the Nature Center and the Bookstore. Ow" v... CIty Coundljanu.".13, '''' C SA \'FRONT CONSERVANCY TRUST 1'" v::? v:l- ~ .::< CHULA VISTA NATURE CENTER ORGANIZATIONAL CHART BA YFRONT CONSERVANCY TRUST BOARD OF DIRECTORS CITY MANAGER ~ I ~ ~ '-.. EXECUTIVE DIRECTOR BCT t VOLUNTEER COORDINATOR ADMINISTRATIVE SECRETARY , , , , MAINTENANCE ADMINISTRATIVE BOOKSTORE NATURE CENTER SPECIALIST OFFICE AQUARIST MANAGER AIDE ASSISTANT II (1100 hrsfvaar) (785 hrs/vaar) 34 GooIo"'~ I Major Goals . To operate the Chula Vista Nature Center as a world-class museum according to the standards of excellence established by the American Association of Museums. . To increase annual attendance at the Nature Center. . To provide interactive, hands-on science field trips for students. . To protect, restore and enhance the natural resources of Chula Vista found in the Sweetwater Marsh National Wildlife Refuge. . To maximize revenue to support operations prior to receipt of tax revenues from the Beneficial Tax Assessment District. . To operate the Bookstore as a profit-center. Chu" Vii.. City c.u..dl J--..,.1.\ tW6 C BA YFRONT CONSERVANCY TRUST '906 d..{--I1I .................... Performance Measures . To serve SO,OOO visitors in 1996 -1997. . To serve 10,000 persons in outreach programs by June 3D, 1997. . To provide interactive, hands-on science field trips for 5,000 students from the Chula Vista City School District by June 3D, 1997. . To provide interactive, hands-on science field trips for 1,500 students from other school districts by June 3D, 1997. . To provide 35 public programs at the Nature Center by June 3D, 1997. .~. aw.ko v.. at)' eo..dl J--.,. ~ 19M C IAYFRONT CONSERVANCY TRUST t996 ~.:! - --1- 'S- .....A--,.-.. Major Accomplishments 1994 - 95 . Constructed and opened a bilingual interpretive trail system on Gunpowder Point. . Received a $400,000 grant for a flow-through seawater system. . Became the first museum in San Diego County to post a HomePage on the World Wide Web. . Opened Shuttle Bus Station as a presence on the Bayfront. . Opened Sea Reflections gyotaku exhibition. . Bred and released a clutch of Burrowing owls, a species of Special Concern. . Began construction of Phase I of the Clapper Rail Exhibit. Ow" v... City eo..d! J-.". 13" 1996 C BAYFRONT CONSERVANCY TRUST 1996 /i/I_L/&> ,~~~ 7"< ....................... Challenges o Generate more external funding for the Nature Center. o To do more with less. o To complete the Clapper Rail exhibit. o To construct the seawater system. Owla Vilta at)' Quad) J......,. Z3,. 1996 C BA YFRONT CONSERVANCY TRUST 1996 ';;.2, - JJf ~ i *- ~ AWARDS . 1993 Helen Putnam California Cities Award for excellence in the category of "Economic and Community Partnerships". . 1993 Transportation Project ofthe Year Award by the Institute of Traffic Engineers. . 1994 San Diego Section American Planning Association Award in the category of "Comprehensive Planning Award for a Large Jurisdiction". . 1994 Ahwahnee Community Design Award by the Local Governmental Commission in the category of "Creating More Livable and Walkable Communities" . . 1994 California Chapter American Planning Association Award of Merit in the category of "Comprehensive Planning Award for a Large Jurisdiction". . In 1996 we intend to submit the Sphere off nfluence Report, the SPA One Plan, Overall and Village Design Plans, the PFFP and several other reports for award consideration by several professional organizations. ~ \ ~ OTAY RANCH PROJECT TEAM CITY MANAGER I I I SPECIAL PLANNING PLANNING PROJECTS MANAGER DEPARTMENT I I I I I I SENIOR SENIOR CIVIL ASSOCIA TE PLANNING SUPPORT PLANNER ENGINEER PLANNER TECHNICIAN STAFF ~ I ~"'-::, ri ~\ ~ CITY COUNCIL ........... BOARD OF SUPERVISORS CITY PLANNING COMMISSION ..............COUNTY PLANNING COMMISSION JOINT CITY COUNCIL........BOARD OF SUPERVISORS SUB-COMMITTEE CITY COUNCIL SUB-COMMITTEE EXECUTIVE POLICY COMMITTEE TECHNICAL COMMITTEE PROJECT TEAM ~ "-" I , ;.J\ '" ST A TEMENT OF PURPOSE The purpose of the Otay Ranch Project Team is to implement the Otay Ranch General Development Plan and the General Plan for the City, by processing the necessary discretionary actions required by the City and County before the City, LAFCO, MTDB, San Diego County, State and Federal Resource Agencies and other agencies having approval and/or review authority on the development and preservation of the Otay Ranch Project. 1996-97 PROJECT TEAM GOALS . To complete the plans, programs and studies as required by the GDP/SRP, EIR and Findings of Fact. . To complete the processing of SPA One Plans and Master Tentative Map with the required associated documents, plans and environmental review. ~~ ~ . To submit and assist in the processing, before LAFCO and the appropriate committees, our comprehensive annexation application. , I,\<, .~ . To begin the processing of SPA Two Plans and the required associated documents, plans and tentative maps with the necessary environmental . review. . To develop a program and time line to phase out the special Project Team sta ff. . To implement the requirements and conditions imposed upon SPA One approval. OBJECTIVES - PERFORMANCE STANDARDS . Submit application and complete the processing of the comprehensive annexation of the western parcel inverted "L" and the Mary Patrick Estate by Summer of 1996. . Revise all the required plans, such as open space conveyance and funding program for the POM, public facilities, Public Facility Financing Plans, parks, housing, village design, land use, etc. to reflect City Council approval. . ~ ~ I '~, I ""', . Prepare the required agreements to implement SPA One, such as transit facilities, housing, reserve fund, POM funding program, congestion management funding plan, annual fiscal review and update to the FIND model, project phasing update, indemnification agreements, monit{)ring of the mitigation monitoring program, etc. Prepare a work program to complete the reports and studies required by SPA One, such as annual reports. . Prepare and process amendments to the Otay Ranch General Development Plan (GDP) with Environ- mental Review to implement the Multiple Species Conservation Plan by October, 1996. . Begin to prepare and process, for City Council approval, SPA Two plans and associated documents (PFFP, FIND, EIR, GDP, RMP III, VDP, etc.) by January, 1997. . Develop a program and time line to phase out the special Project Team staff, and incorporate, to the greatest extent possible, the existing and future responsibilities of the Project Team into the planning, parks and engineering operations of the existing City functions and offices by January, 1997. \) ;"..\ ~ 1 ~ ~ MAJOR ACCOMPLISHMENTS IN FY95-96 . City Council approval of SPA One and EIR.* . LAFCO approval of the Sphere of Influence.* . City Council authorization to proceed with annexation of the western parcel. . City and County approval of amendments to the Master Property Tax Agreement.* . City Council approval of master tentative map.* . Specific reports completed: . Affordable Housing Plan - SPA and Ranch Wide . Master Drainage Plan . Non-Renewable Energy Conservation Plan . Overall Design Plan . Parks, Recreation, Open Space and Trails M aster Plan . PC District Regulations . Public Facilities Financing Plan . Regional Facilities Report . Resource Management Plan Phase II . Sectional Planning Area (SPA) One Plan . Sewer Service Overview . SPA One Environmental Impact Report . Sphere ofInfluence Update Study and Final Program EIR . Subarea Master Plan for SPA One . Village Design Plan . Water Conservation Plan *Pending MAJOR OTA Y RANCH ISSUES TO BE ADDRESSED IN FY96-97 . The processing of SPA One, EIR, RMP II, and associated documents with possible multiple ownerships. ~ .~ \ I .).\ VI . The processing of GDP amendments to accommodate new locations for the high school and community park. o The continuing planning of Otay Ranch with possible multiple ownerships. . The amendment to the GDP to bring into compliance with the MSCP Sub-Area Plan as adopted by Council. . Open Space Preserve coordination with the MSCP Program. . Establishing the process with the City/County for the implementation of the Biota Monitoring Plan and Preserve Owner Manager responsibilities. ..~. [, @ I, n WI [, ,1ii11 JAN 17 mn '~i Ci" ~'~ClL DfilCfS I I (}j,::.' ',I!Sf:\ u\ ! ir, ': D I ',)1 , ~ ii ! I " ~ i ,i ! GOVERNOR PETE WILSON January 11, 1996 The Honorable Shirley Horton Mayor of Chula Vista Post Office Box 1087 Chula Vista, California 91912 Dear Mayor Horton: As you may know, on January 8, 1996 I delivered the annual State of the State Address before a joint session of the State Assembly and Senate in which I outline my policy agenda for the coming year. I have enclosed a fact sheet on a key policy area for your review. Public safety has been a top priority for my Administration and must continue to be at the forefront of issues that government addresses. We've all worked together over the past few years to significantly reduce the number of violent offenders on our streets. But our work is not yet complete. Like the rest of the nation, California faces an undeniable crisis of juvenile violence; we must not ignore this threat to California's future. All levels of government must join together in addressing the state's juvenile crime problem. If your community shares this growing concern, I welcome your support of the attached resolution. Should you wish to discuss this further with a member of my staff, please feel free to call Michael Magee in my San Diego Office at (619) 525 - 4641. Sincerely, ~ PETE WILSON Enclosures .)3b.,/ STATE CAPITOL. SACRAMENTO, CALIFORNIA 95814 . (916) 445-2841 5 .~ . SAMPLE RESOLUTION January 5,1995 (6l Whereas, recent data indicate that juvenile arrests for violent offenses have increased at more than three times the rate of adult arrests since 1987; and, Whereas, juvenile arrests statewide are projected to soar 62 percent by 2004; and, Whereas, nine out often young wards presently in the California Youth Authority (CY A) will eventually be arrested as adults; and, Whereas, with gang crimes increasing 20 percent since 1994 and gang membership in Los Angeles tripling in just twenty years, violent street gangs are a growing threat to California's future; and, Whereas, all levels of government must cooperate in order to fulfill their collective obligation to protect the residents of California; and, Whereas, in his 1996-97 budget, Governor Pete Wilson has continued his commitment to public safety with a comprehensive program to reduce juvenile crime and dismantle violent street gangs; and, Whereas, this program includes tough proposals to punish serious offenders as well as constructive measures aimed at preventing juvenile crime and helping delinquents; and, Whereas, Governor Wilson's budget also includes proposals to establish the Civil Gang Injunction Fund and reauthorize the Street Terrorism Enforcement and Prevention Act, which, together, will enable law enforcement officials to control gangs and protect the public; and, Whereas, the Governor's plan gives local government the latitude, discretion and authority it needs to address the issues of juvenile crime and gang violence effectively; and, Whereas, our combined efforts to combat crime since 1991 have resulted in the most sustained decrease in the state's crime rate since 1952, Now, therefore, I, [NAME], [POSITION], join elected officials, community leaders and citizens throughout the state in declaring [MY\OUR] support for Governor Wilson's 1996-1997 anti-crime agenda, which, if enacted, will build on the considerable accomplishments of the past five years and make California a safer place to live, work and raise a family. e2:Jb -~ , :1 < ~