HomeMy WebLinkAboutAgenda Packet 1996/01/23
Tuesday, January 23, 1996
6:00 p.m.
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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
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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
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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
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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
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20-44 MPH
Oxford - PalnmAT
4/6/94
100
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21-41 MPH
P.'nm~r - nT.~iP Avp
"12/94
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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
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Approvad 'rud limit: 30 MFH
Per evc 40803. Survay Ezpire.:
.4/6/99
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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%
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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{
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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.
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(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.
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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.
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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.
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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.
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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.
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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 .
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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.]
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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(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
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PROJECT
LOCATION
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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' . PCS-es-04
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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
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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
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ATIACHMENT 4
ZONING ADMINISTRATOR APPROV AI..
- 22- /=/}- --://
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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.
-~-
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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)
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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.
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cc: Ken Lee, Planning Department
':\HOR.\INGINlIR\PRkMITS\nRAZQ437.JP
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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.
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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:
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ATTACHMEID' 5
Effi.86.04(B) ADDENDUM
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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
- ~ - /"-(}
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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
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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.
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Second Addendum to FSEIR 86-04 (B)
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RESIDENTIAL
Lind Use Acres llullc Unlll
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NON-RESIDENTIAL
Lind Use Acres
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NON.RESIDENTIAL
Lind Use Acres
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1"01.1_. 1.1
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Open Space 117.1
I'IlbI....O"..l-PIlll. 137.1
l'er1cl & IIIe. 215.4
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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.
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Development
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RESIDENTIAl
Lind Use Acres aU/Ie Unn.
1- 250.5 D-3 7.,
LM IM'IModium 311'.0 o.e '103
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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'
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OCTO
4 799-
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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
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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.
~
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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.
'~/()
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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.
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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.
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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.
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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
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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
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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
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Bruce M. Boogaard
City Attorney
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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
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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.
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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.
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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
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/ 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
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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
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Resolution No.
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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
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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
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Resolution No.
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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
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Resolution No.
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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
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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
~
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Attachment 3
Minutes from the
Planning Commission
Meeting of 12/13/95
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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.
~
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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:
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Attachment 4
Disclosure
Statement
...... 7=
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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\\
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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
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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):
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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
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Exhibit 2
Site Plan
and
Elevations
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ORANGE A VENUE EAST
455 QUAIL COURT. CHULA VIST A,CA 91911
80-168-02
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Exhibit 3
Applicant's
Project
Description
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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.
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PUBLIC HEARlNG a-lECK LIST'
SUBJECT:
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PUBLICATION DATE
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PER GC ~S4992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK J !t/ ~ t
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NO. MAlLED Y 1/
MAlLED NOTICES TO PROPERTY OWNERS
COPIES TO:
Planning
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Administration (4)
Originating Department
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Engineering
Others
.-
City Clerk's Office (2)
POST ON BULLETIN BOARDS
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SPECIAL INSTRUCTIONS:
7/93
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CHUlA VISTA
OFFICE OF THE CITY CLERK
TELEFAX COVER I.EITER
Te1ecopier No. (619) 585-5612
DATE:
;'
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TO: Star News Lel!al
FAX NO: (619) 426-6346
SUBJECf:
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TOTAL NO. PAGES (including cover):
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PUBUCATION DATE:
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If all pages are not received, please call Lorna @ (619)691-5041.
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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
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/_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
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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.
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C) APPLICANT' CONDITIONAL USE PERMIT
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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.
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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,
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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.
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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.
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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.
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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)
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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
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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
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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
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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
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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
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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
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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
'.
~
--
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.......
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".;. ~
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~
~
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,
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......
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. -.
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
.......
~
"-
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AREA CODEIPHONE NUMBER
CA
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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..
,
"
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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
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(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.
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\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'/
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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
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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
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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.
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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
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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.)
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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
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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")
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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
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"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
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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
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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.
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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
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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,
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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
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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
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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
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, 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.
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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.]
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.'
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'.
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
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I,')
Exhibit List to Agreement
(X Exhibit A.
(X Exhibit B: Remittance Processing Services
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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
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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
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(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
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,
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.
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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:
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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.
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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
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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:
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)
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.
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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
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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.
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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.
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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.
/~-~
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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..../
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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?''(
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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
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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
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.' .
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
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"/
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
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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
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FILE NO -
. PE. !J 55
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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
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..
....
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.
~
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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
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Date:
Date:
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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
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ITEM TITLE:
COUNCIL AGENDA STATEMENT
Date
REPORT: EASTLAKE PARK ISSUES
SUBMITTED BY: Director of Parks and Recreation
REVIEWED BY:
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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.
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13UDGE'f l'RESEN'fA110NS
JANUARY 23, 1996
FIt'lANCE
FLANNlNG
NA'fURE CENTER
FIRE
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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
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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.
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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
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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.
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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.
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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.
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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
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PLANNING DEPARTMENT
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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
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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
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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
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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
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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
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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!
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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
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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
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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 ,...
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CHULA VISTA NATURE CENTER
ORGANIZATIONAL CHART
BA YFRONT CONSERVANCY TRUST
BOARD OF DIRECTORS
CITY MANAGER
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'-. EXECUTIVE DIRECTOR
BCT
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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,..;
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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
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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'"
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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
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FIRE DEPARTMENT
STATEMENT OF PURPOSE
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I THE PURPOSE OF THE CHULA VISTA FIRE DEPARTMENT IS TO
.~
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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
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FIRE DEPARTMENT
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ADMINISTRATION
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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
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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
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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
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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
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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
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CHULA VISTA
POST OFFICE BOX 697
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FIRE FIGHTER
CHULA VISTA, CA 9191
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LOCAL 2180, I.A.F.F.
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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,
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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.
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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
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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
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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
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. 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.
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C SA \'FRONT CONSERVANCY TRUST 1'"
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CHULA VISTA NATURE CENTER
ORGANIZATIONAL CHART
BA YFRONT CONSERVANCY TRUST
BOARD OF DIRECTORS
CITY MANAGER
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VOLUNTEER
COORDINATOR ADMINISTRATIVE
SECRETARY
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MAINTENANCE ADMINISTRATIVE BOOKSTORE NATURE CENTER
SPECIALIST OFFICE AQUARIST MANAGER AIDE
ASSISTANT II (1100 hrsfvaar) (785 hrs/vaar)
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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
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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.
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C IAYFRONT CONSERVANCY TRUST t996
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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
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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
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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.
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OTAY RANCH PROJECT TEAM
CITY
MANAGER
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SPECIAL PLANNING PLANNING
PROJECTS MANAGER DEPARTMENT
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SENIOR SENIOR CIVIL ASSOCIA TE PLANNING SUPPORT
PLANNER ENGINEER PLANNER TECHNICIAN STAFF
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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
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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.
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. To submit and assist in the processing, before LAFCO and the appropriate
committees, our comprehensive annexation application.
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. 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.
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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.
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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.
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. 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.
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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,
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PETE WILSON
Enclosures
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STATE CAPITOL. SACRAMENTO, CALIFORNIA 95814 . (916) 445-2841
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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.
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