HomeMy WebLinkAboutAgenda Packet 1994/06/21
Tuesday, June 21, 1994
6:00 p.m.
"I declare ynder penalty of perjury that I an'l
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted
this Agenda/Notice on the Builetin Board at
the Public rvi es Building and at~..
DATED. ~ ," SIGNED 8 /. ~
Council Chambers
Public Services Building
Re.ular Meetin. of the City of Chula Vista City Council
CALL TO ORDER
1.
ROLL CALL:
Councilmembers Fox _' Horton _, Moore _. Rindone _, and
Mayor Nader _'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: June 7, 1994.
4. SPECIAL ORDERS OF THE DAY:
a. Proclamation - Proclaiming Tuesday, June 28, 1994, as Lions Club Sigblfirsl Day. The
proclamations will be presented by Mayor Nader to: Barbara Wilson, President of the EastLake Lions
Club; Lowell Batterton, accepting for Chula Vista Host Lions; Chris Turner, Vice President, Southwest
Lions; Al Hooper, President, Bonita Valley Lions; Skip Knudsen, Bonita A.M. Past President; and, Dee
Okerwall, Treasurer of the Montgomery Lions Cluh.
*****
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
(Items 5 through 19)
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 fonn to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS: None suhmitted.
Agenda
-2-
June 21, 1994
6. ORDINANCE 2594 AMENDING TITLE IS OF THE MUNICIPAL CODE BY AUTHORIZING
THE CITY MANAGER TO REFUND UNEARNED PERMIT FEES IN
SPECIFIED SITUATIONS (second readin2 and adoDtion) - The resolution
appropriates a total of $120,000 from Funds 220 and 222 to correct negative
balances caused by refunds of collected fees which were in excess of
appropriated amounts. The ordinance amends the Municipal Code to allow the
City Manager to make such refunds, up to $100,000, without prior
appropriation. Staff recommends Council place the ordinance on second reading
and adoption. (Director of Public Works)
7.A. RESOLUTION 17535 ACCEPTING $50,000 IN GRANT FUNDS FROM THE CALIFORNIA
ENERGY COMMISSION (CEC), EXECUTING CEC CONTRACT FOR
$50,000 IN GRANT FUNDING, AUTHORIZING THE CITY MANAGER
TO EXECUTE CEC CONTRACT FOR $50,000 IN GRANT FUNDING
AND APPROPRIATING FUNDS THEREFOR - In November of 1993,
Council approved acceptance of grant funding from State Petroleum Violation
Escrow accounts, which was specifically legislated for the sole purpose of
sponsoring an experimental aluminum air battery (fuel cell)
research/development project. Staff has been working with scientists from
Science Applications International Corporation (SAle), the proponents of the
research project. The City may benefit in the future if/when the product is
successful and commercialized. In addition to funding the alunUnum air battery,
additional funding has been secured for staff cost reimbursement and Greenfleels
project team development, of which Council approved participation in February
1994. Staff recommends approval of the resolutions. (AdnUnistration) 4/5th's
vote required.
B. RESOLUTION 17536 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
FOR $42,953 WITH SCIENCE APPLICATIONS INTERNATIONAL
CORPORATION (SAIC) TO DEVELOP AN ADVANCED ALUMINUM
AIR BATTERY FOR ELECTRIC VEHICLES PURSUANT TO THE CEC
GRANT
C. RESOLUTION 17537 AMENDING THE FISCAL YEAR 1993/94 BUDGET FOR A .16 PART-
TIME TEMPORARY INTERN II PURSUANT TO THE CEC GRANT
8. RESOLUTION 17521 APPROVING THE FIRST AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING BY AND BETWEEN THE CITIES OF LA MESA,
CHULA VISTA, POWAY, NATIONAL CITY AND IMPERIAL BEACH
FOR PURPOSES OF A COORDINATED APPROACH TO REGULATING
CABLE TELEVISION RATES AND APPROPRIATING FUNDS
THEREFORE - On 1/4/94, Council approved a Memorandum of
Understanding (MOU) with the cities of La Mesa, Poway, National City, and
Imperial Beach for purposes of a coordinated approach to regulating Cox
Cable's television rates for the Basic Service Tier. The five cities jointly hired
Public Knowledge, Inc. to review the previous FCC worksheets subnUtted to the
cities by Cox Cable and have concluded, at the staff level, that it would be cost
effective to amend the MOU approved in January to provide for additional
consulting services to review the new FCC forms that Cox Cable will be
submitting to the cities. Staff recommends approval of the resolution.
(AdnUnistration) 4/5th's vote required. Continued from the meeting of
6/14/94.
Agenda
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June 21, 1994
9. RESOLUTION 17522 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF
DESKTOP PERSONAL COMPUTERS - On 5/6/94, bids were received for
the purchase of eleven desktop personal computers approved in the Capital
Improvement Program budget for use in the Geographic Information System
(GIS). Staff recommends approval of the resolution. (Interim Finance
Administrator) Continued from the meeting of 6/14/94.
10. RESOLUTION 17538 APPROVING CITY ACCEPTANCE OF $50,000 OF FEDERAL
INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT
(ISTEAl "PASS THROUGH" MONEYS FROM THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE
CHULA VISTA TELECENTER AND AUTHORIZING THE MAYOR TO
EXECUTE CONTRACT WITH CALTRANS, ESTABLISHING THE
TERMS OF SUCH AGREEMENT IN A FORM ACCEPTABLE TO AND
APPROVED BY THE CITY ATTORNEY AND THE CITY MANAGER,
AND AUTHORIZING THE FINANCE DIRECTOR TO APPROPRIATE
$50,000 TO THE APPROPRIATE ACCOUNTS AS NEEDED - The State of
California Department of Transportation has agreed to provide funds not to
exceed, for Fiscal Year 1993/94, $50,000 for the purpose of marketing, business
plan development and other activities directed toward the development of the
Chula Vista Telecenter. Staff recommends approval of the resolution.
(Administration) 4/5th's vote required.
11. RESOLUTION 17539 AMENDING FISCAL YEAR 1993/94 BUDGET PROVIDING FOR A
LIABILITY TRUST FUND APPROPRIATION TO THE GENERAL
LIABILITY INSURANCE ACCOUNT - The resolution provides for an
appropriation of $100,000 and authorizes the Mayor to execute documents
approved by the City Attorney for settlement purposes. Staff recommends
approval of the resolution. (Director of Personnel) 4/5th's vote required.
12. RESOLUTION 17540 WAIVING THE BID PROCESS AND APPROVING THE PURCHASE OF
COMPUTER EQUIPMENT AND SOFTWARE FOR THE HEWLETT
PACKARD AND lNLEX LIBRARY AUTOMATION SYSTEM IN ORDER
TO PROVIDE SERVICE TO THE SOUTH CHULA VISTA LIBRARY -
The library currently uses the InlexlDRA library automation system to provide
computerized services including circulation. on-line public access catalog,
cataloging and other functions. In order to provide service to the South Chula
Vista Library the system needs to be upgraded to a HP3000 Model 968 with 192
Mb memory, 5.7 Gb disk and accompanying software. The upgrade cost is
$142,268. Funds for the upgrade were appropriated in the Fiscal Year 1993/94
Capital Improvement Project for the South Chula Vista Project. Staff
recommends approval of the resolution. (Library Director)
13. RESOLUTION 17541 WAIVING THE CONSULTANT SELECTION PROCESS AND
AUTHORIZING STAFF TO SELECT A CONSULTANT TO PREPARE
ENVIRONMENT AL DOCUMENTS FOR THE PROPOSED MCA
AMPHITHEATER IN OT A Y V ALLEY WITHOUT COMPETITIVE
BIDDING - A proposal has been received to develop an outdoor amphitheater
in the Otay Rio Business Park, Otay River Valley. Staff determined an
Environmental Impact Report (EIR) would need to be prepared. Cost for
preparation of the EIR will be the responsibility of the applicant. The applicant
has requested, in the interest of reducing processing time, that the consultant
selection process be waived. Staff recommends approval of the resolution.
(Director of Conununity Development)
Agenda
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June 21, 1994
14. RESOLUTION 17542 ACCEPTING A GIFT OF $17,195 FROM THE FRIENDS OF THE
LIBRARY, APPROVING SOUTH CHULA VISTA LIBRARY CHANGE
ORDER NUMBER SIX WITH DOUGLAS E. BARNHART, INC., TO
ADD AN EXTERIOR FOUNTAIN AND APPROPRIATING FUNDS
THEREFOR -Change Order Numher 6 consists of the addition of an exterior
entrance courtyard fountain. The fountain was deleted in Change Order Number
I in order to keep within the project's original cost estimate. The Friends of the
Chula Vista Public Library have voted to pay for the cost of the fountain as their
gift to the new library. Change Order Number 6 totals $17,195. Staff
recommends approval of the resolution. (Library Director and Director of
Public Works) 4/5th's vote required.
IS. RESOLUTION 17543 APPROVING PROGRAM SUPPLEMENT NUMBER 007 TO LOCAL
AGENCY-STATE AGREEMENT FOR FEDERAL AID PROJECTS
NUMBER 11-5203 FOR THE CONSTRUCTION OF
PEDESTRIAN/BICYCLE TRAIL ALONG SWEETWATER ROAD AND
WILLOW STREET AND AUTHORIZING THE CITY ENGINEER TO
EXECUTE THE AGREEMENT ON BEHALF OF THE CITY - On
12/19/78, Council approved a Master Agreement with the State of California,
Department of Transportation (CaUrans) under the title "Local Agency-State
agreement for Federal-Aid Projects." The Master Agreement sets forth the
conditions for maintenance of Federal Aid improvements, right of way, fiscal
provisions and miscellaneous provisions. Paragraph 2 of Article 11 of the
Master Agreement require that a supplement agreement be executed when and
as appropriate. covering individual projects. Staff recommends approval of the
resolution. (Director of Public Works) 4/5th's vote required.
16. RESOLUTION 17544 APPROVING THE SUBMITTAL OF ONE APPLICATION FOR SIXTH
CYCLE FUNDS OF THE STATEILOCAL TRANSPORTATION
PARTNERSHIP PROGRAM (SLTPP) - Senate Bill 300 created the SLTPP
to identify and construct locally supported projects with a minimum of State
planning and review. Staff has prepared one application for sixth cycle funding
under the program. In order that the application for SL TPP funding may be
considered, a resolution approving the submittal of the application to the
Caltrans Local Streets and Roads is required. The City's application covers a
Capital Improvement project along Otay Lakes Road from approximately 400
feet north of East "H" Street to 200 feet south of East "H" Street. The project
involves the widening of Otay Lakes Road to accommodate dual left turn lanes
in both directions. Staff recommends approval of the resolution. (Director of
Public Works)
17.A. RESOLUTION 17513 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT REQUIRING DEVELOPER TO COMPLY WITH
CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NUMBER
16903 APPROVING A TENTATIVE SUBDIVISION MAP FOR
CHAMPIONSHIP CLASSICS II, AND AUTHORIZING THE MAYOR TO
EXECUTE SAME - On 11124/92, Council approved the Tentative Subdivision
Map for Tract 92-04. Championship Classics 11. The final map for said
tentative map is now before Council for approval. Staff reconunends approval
of the resolutions. (Director of Public Works) Continued from the meeting
of 6/7/94.
B. RESOLUTION 17514 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 92-04, CHAMPIONSHIP CLASSICS II
Agenda
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June 21, 1994
18.
REPORT
INDUSTRIAL ZONING POLICY - Council has previously directed staff to
inform them regarding land use proposals which would result in non-industrial
development of property which is zoned for industrial uses. In addition, Council
has requested staff prepare a draft Council policy to address concerns regarding
the possible economic and fiscal impacts of such land use changes. Staff
recommends Council accept the report and direct staff to refer the draft Council
policy to the Economic Development Commission and Planning Commission for
review and comment prior to final action by Council. (Director of Planning)
Continued from the meeting of 6/14/94.
19.
REPORT
PROPOSED FOCUSED PLANNING AREA CRITERIA FOR THE
MULTIPLE SPECIES CONSERVATION PROGRAM - In January 1994,
Council appointed Councilman Bob Fox to participate on a policy committee for
the Clean Water Program Multiple Species Conservation Program (MSCP). On
2/28/94, the MSCP Policy Committee requested that the participating
jurisdictions provide input regarding recommended criteria for forming a
"focused planning area," which would detine a study area for a future regional
habitat reserve system within the Clean Water Program service area. Staff
recommends Council conceptually endorse the approach to delineation of a
"focused planning area" as recommended by the City of San Diego, and
authorize its representative on the MSCP Policy Committee to recommend that
the approach be relined to be more directly applicable to Chula Vista and the
other participating jurisdictions. (Director of Planning) Continued from the
meeting of 6/14/94.
* * 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 Foro." available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green foro. to speak in favor of the staff recommendation; complete
the pink form to speak in opposition to the staff recommen(wtion.) Comments are limited to five minutes per
individual.
20.
PUBLIC HEARING
REGARDING EXISTING AND PROPOSED RATES AND CHANGES FOR
COX CABLE'S BASIC SERVICE TIER AND ASSOCIATED EQUIPMENT
On 5/3/94, Council opened the public hearing on Cox Cable's rates for the Basic
Service Tier and associated equipment and continued the public hearing to
6/21/94. The report of the City's consultant indicates that Cox Cable's rates
during the period of 9/1 /93 through 5/15/94 were higher than the maximum
rates permitted under Federal Communications Commission regulations. Staff
recommends approval of the resolution. (Administration)
RESOLUTION 17545 PURSUANT TO SECTIONS 76.933 (C), 76.936,76.940,76.941 AND 76.942
OF THE RULES AND REGULATIONS OF THE FEDERAL
COMMUNICATIONS COMMISSION DISAPPROVING THE EXISTING
RATES AND CHARGES FOR THE BASIC SERVICE TIER AND
ASSOCIATED EQUIPMENT FOR COX CABLE SAN DIEGO, INC.,
PRESCRIBING RATES AND CHARGES FOR THE BASIC SERVICE
TIER AND ORDERING A REFUND TO SUBSCRIBERS
Agenda
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June 21, 1994
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject mailer within the
Council's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the City
Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council
on such a subject, please complete the yellow "Request to Speak Under Oral Communications Fonn" available
in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name
and address for record purposes and follow up action. Your time is limited to three minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions andlor Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to jive minutes.
21. RESOLUTION 17529 APPROVING ADOPTION OF THE FINAL BUDGET FOR THE FlSCAL
YEAR BEGINNING JULy 1,1994 AND JUNE 30,1995 - Council bas beld
work sessions to consider and discuss tbe proposed Fiscal Year 1994/95 budget.
The public bearing is designed to receive additional citizen input and to adopt
tbe proposed Fiscal Year 1994/95 budget. Staff recommends approval of tbe
resolution. (Administration) Continued from tbe meeting of 6/14/94.
22. RESOLUTION 17546 APPROVING A SHORT TERM AGREEMENT WITH A&S CANTEEN
SERVICES TO PROVIDE CONCESSION SERVICES AT ROHR PARK
FROM JULY I, 1994 THROUGH OCTOBER 16, 1994 - A&S Canteen
Service submitted a proposal for exclusive rights to provide concessionaire
services for ten years at Robr Park. Tbe Department reviewed tbe proposal and
felt tbere is insufticient time to prepare a Request for Proposal to solicit otber
interested vendors prior to tbe busy summer period. The Department bas
prepared a short term agreement in the interim to assist staff in evaluating the
pro's and con's of a concessionaire on City parks. Staff recommends approval
of tbe resolution. (Director of Parks and Recreation)
23.A. RESOLUTION 17547 EXERCISE THE OPTION FOR RENEWAL OF LANDSCAPE
MAINTENANCE CONTRACT FOR OPEN SPACE MAINTENANCE
DISTRICTS I, 5, 9, AND 10 - Staff is recommending lbat tbe City exercise
its option to renew landscape maintenance contract with RC Landscape, Blue
SkiesLandscape and New Way Professional Services for Fiscal Year 1994/95.
Staff is submitting two separate resolutions. In order to avoid conflict of interest
and maximize Council's participation, it is necessary to bifurcate the resolution,
and to deliberate on the bid cluster for Open Space District I, 5, 9, and JO
separately. Staff recommends approval of the resolutions. (Director of Parks
and Recreation)
B. RESOLUTION 17548 EXERCISE THE OPTION FOR RENEWAL OF LANDSCAPE
MAINTENANCE CONTRACT FOR OPEN SPACE MAINTENANCE
DISTRICTS 3,4,8, II, 14, 15, AND 24
Agenda
-7-
June 21, 1994
24. RESOLUTION 17549 ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE
CONTRACTS FOR OPEN SPACE DISTRICTS 2,6,7,17,18,20,23,26
AND EASTLAI\.'E LANDSCAPE MAINTENANCE DISTRICT NUMBER
1 - Request for bids to provide landscape maintenance services were let out on
4/19/94 and received on 5/2/94. New agreements are required because the
previous contractor for Districts 2, 6, 7, 17, and 23 defaulted, and is no longer
in business. Additional landscape areas were included in District 20 and
EastLake Maintenance District Number I, and the City added District 23 into
the Landscape Maintenance District system. Staff recommends approval of the
resolution. (Director of Parks and Recreation)
25. RESOLUTION 17532 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE
FACILITIES TO BE MAINTAINED, APPROVING MODIFICATIONS TO
THE ENGINEER'S REPORT AND LEVYING THE ASSESSMENTS FOR
FISCAL YEAR 1994/95 FOR OPEN SPACE DISTRICT NUMBERS 1-9,
11, 14, 15, 17, 18, 20, 23, 24, AND 26, AND BAY BOULEVARD,
EASTLAKE AND TOWN CENTER MAINTENANCE DISTRICTS
CONTINGENT UPON APPROVAL OF THE BUDGETS BY COUNCIL
In accordance with Municipal Code Section 17.07, the City Engineer prepared
reports on the spread of assessments for the open space districts. The reports
were accepted and the required public hearings were set by Council at its
meeting of 4/19/94. The agenda statement includes information related to the
above districts and general information related to Open Space District 10.
Specifics of Open Space District 10 are addressed in item n.b. on the agenda.
Staff recommends Council direct staff to tally all protests and approve the
resolution. (Director of Parks & Recreation and Director of Public Works)
Continued from the meeting of 6/14/94.
26. REPORT REVIEW OF EXEMPTIONS ON MANDATORY WEEKLY
RESIDENTIAL REFUSE COLLECTION - On 3/8/94, Council directed staff
to research and make recommendations on a Written Communications request
from Mr. and Mrs. Calvin Jackson regarding the City's Municipal Code
requirement (Section 8.24.060) for mandatory weekly residential refuse
collection. Under the current Code section, the only exemption allowed is for
self-haulers who show proof of weekly disposal at a permitted waste disposal
facility. Specifically, the City was requested to amend the Code by allowing for
more exemptions such as a resident who produces a small amount of refuse and
sets it out every two weeks. Staff recommends Council: (I) Deny the request
to change the exemption listed in Municipal Code Section 8.24.060 or to add
any other exemptions; and (2) Direct staff to research and return with a report
and reconunendations on unit-based pricing for refuse collection to be
implemented through the City's franchised hauler. (Administration)
27. REPORT STATUS OF MID-BA YFRONT NEGOTIATIONS - On 4/5/94, the status of
negotiations with Mid-Bayfront developer, William Barkett, was discussed and
staff was directed to report back in sixty days as to whether substantial progress
had been made towards completion of a Development Agreement (DA), Staff
has made substantial progress including the development of a Pre-Construction
Phasing Plan and draft DA, including resolution of all but several negotiating
issues which are outlined in the report. Staff recommends Council accept the
report and direct staff to continue to negotiate, refine and complete the
Development Agreement and related documents. (Director of Community
Development) Continued from the meeting of 6/14/94.
28. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES AND CONCEPTUAL
APPROV AL OF BUSINESS TERMS FOR TRANSFER STATION SITING
An oral report will be given by staff.
Agenda
-8-
June 21, 1994
29.
REPORT
UPDATE ON CLEAN WATER PROGRAM ISSUES - An oral report will
be given by staff.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
30. CITY MANAGER'S REPORTlSl
a. Scheduling of meetings.
31. MAYOR'S REPORT/Sl
3. Ratification of reappointments:
Commission on Aging - Anne Fabrick;
Child Care Commission - George Hartman;
Cultural Arts Commission - Archie McAllister, Coleen Scott and Lee Wheeland;
Econominc Development Commission - Patty Davis;
Growth Management Oversight Commission - Charles Peter;
Human Relations Commission - John Allen and Elsie Hashimoto;
International Friendship Commission - James Baker and Nancy Taboada;
Library Board of Trustees - Peggy Donovan and Jose Viesca;
Planning Commission - Tom Martin and John Moot;
Resource Conservation Commission - Cindy Burrascano and Joe Ghougassian;
Southwest Project Area Committee - Allen Jones and Edward LaGuardia; and,
Town Centre Project Area Committee - Jack Blakely
b. Ratification of appointments:
Commission on Aging - Ted Kennedy;
Board of Appeals - Marshall Compton;
Youth Commission - Christian Holmes; and,
Otay Valley Road Project Area Committee - Archie Hall ("at large" seat replacing A. Y. Casillas).
c. Solicitation of determination of ability to discuss in closed session the Amphitheater at Otay Rio
Business Park property.
d. Fee charged for Council minutes. Continued from the meeting 01' 6/14/94.
e. Environmentally safe, state-of-the-art air conditioning.
f. Discussion of information from Urban Ore, Inc.
Agenda
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June 21, 1994
32. COUNCIL COMMENTS
Councilman Fox
a. A November Special Election/Advisory Vote Proposal for vacancy on Council Seat Number 3.
Continued from the meeting of 6/14/94.
Councilman Rindone
b. RESOLUTION 17531
ORDERING CERTAIN OPEN SPACE AND MAINTENANCE
FACILITIES TO BE MAINTAINED, APPROVING
MODIFICATIONS TO THE ENGINEER'S REPORT AND
LEVYING THE ASSESSMENTS FOR FISCAL YEAR 1994/95
FOR OPEN SPACE DISTRICT NUMBER 10 CONTINGENT
UPON APPROVAL OF THE BUDGET BY COUNCIL - Based
upon the advice of the City Attorney, the Open Space Districts have
been separated due to conflict of interest concerns. Council should
note that agenda statement gives background information on all open
space districts in general which is applicable to the item, but does not
includ~ specific information on Open Space Maintenance District 10.
On 6/14/94, Council directed staff to revise the assessments to
minimize increases and return with a report on 6/21/94. Staff
recommends approval of the resolution. (Director of Parks &
Recreation and Director of Public Works) Continued from the
meeting of 6/14/94.
Councilwoman Horton
c. Establishing subcommittee of major retailers to discuss the affects of NAFT A on local business
including, but not limited to, represeotatives from the Chamber of Commerce, Price Club,
Jerome's, Home Depot, K-Mart.
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 pennitted by law to be the subject of a closed
session discussion, and which the Council is advised should be discussed in closed session to best protect the
interests of the City. The Council is required by law 10 relurn 10 open session, issue any reports of final action
taken in closed session, and the votes taken. However, due to Ihe typical length of time taken up by closed
sessions, the videotaping will be tenninaled al this poinl in order 10 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 Ihe minules which will be available in Ihe City Clerk's Office.
33. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
. Hummell vs. the City of Chula Vista.
. City of Chula Vista vs. County of San Diego and Aptec.
. City of Chula Vista vs. the County of San Diego (Surcharge).
Agenda
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June 21, 1994
34. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8
. Property: Potential acquisition of Bayscene Mobilehome Park, 110 Woodlawn Avenue,
Chula Vista, California.
Negotiating parties: Richard Hall/Hall Company, Community Development, and the City
Attorney's office.
Under negotiation: Purchase price and terms of payment.
. Property: MCA Amphitheater, west end of Otay Rio Business Park.
Negotiating parties: Jack Liebau or designee.
Under negotiation: Purchase price and terms of payment.
35. 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 Employee Association (CVEA), Western Council
of Engineers (WCE), Police Officers Association (POA), and International Association
of Fire Fighters (IAFF).
Unrepresented employee: Executive Management. Mid-Management, and Unrepresented.
36. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
ADJOURNMENT
The meeting will adjourn to the Regular City Council Meeting on July 12, 1994 at 6:00 p.m. in the City Council
Chambers.
An Adjourned Special Meeting of the Redevelopment Agency and a Regular Meeting of the Redevelopment Agency
will be held immediately following the City Council Meeting.
June 16, 1994
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council ~I~~
Sid W. Morris, Assistant City Manager~
City Council Meeting of June 21, 1994
This will transmit the agenda and related materials for the regular City Council
meeting scheduled for Tuesday, June 21, 1994. There are no Written
Communications on this agenda.
SWM:mab
-
COUNCIL AGENDA STATEMENT
Item
ia.-
Meeting Date 6/21/94
ITEM TITLE: Proclamation - Proclaiming Tuesday, June 28, 1994 as LIONS CLUB
SIGHTFIRST DAY
SUBMITTED BY:
Mayor Tim
Nade9filf
(4/5ths Vote: Yes NoXx )
Proclamations will be presented by Mayor Tim Nader to:
Barbara Wilson, President of the EastLake Lions Club
Lowell Batterton,accepting for Chula vista Host Lions
Chris Turner, Vice President, Southwest Lions
Al Hooper, President, Bonita Valley Lions
Skip Knudsen, Bonita A.M. Past President
Dee Okerwall, Treasurer of the Montgomery Lions Club
t'\
....,.
J/ a.. ., )
Form A-113 (Rev. 11/79)
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COUNCIL AGENDA STATEMENT
.
Item ':r" ?-
Meeting Date 6ti4i94
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f('\\~
ITEM TITLE: 1/. Ordinance .2.5"?r Amending Title 15 of the Ml&~?t ~~e by
A Authorizing the City Manager to Refund Un~ Permit Fees in
Specified Situations. s> ~
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~ ~/1'B Resolution "1..ppropriating $15,00<f.lfom the Unencumbered Balance
~I 1'1 '7 of Fund 220, Sewer Income Fund, and $70,000 from the Unencumbered
u Balance of Fund 222, Trunk Sewer Capital Reserve Fund.
SUBMITTED BY: Director of Public of w::?-f ~
REVIEWED BY: City Manager '({01 'JJ (4/5ths Vote: Yes.x. No->
In September, 1989, Appropriate Technologies II (APPTECH) was issued a permit for the
connection of a private eight inch sewer to the City's sanitary sewer system. They made
payments totalling $22,823.41 to pay back sewer reimbursement districts and paid sewer
capacity fees of $117,738.00. The permit was not exercised and was cancelled in October,
1993. Refunds of the above amounts resulted in over-expenditures in Fund 220, Sewer Income
Fund, and Fund 222, Trunk Sewer Capital Reserve Fund. Additional appropriations must be
made to these funds in order to cover other current year expenses.
RECOMMENDATION: Adopt Resolution and Approve Ordinance
BOARDS/COMMISSIONS RECOMMENDA nONS: Not applicable.
.
DISCUSSION: A construction permit for connection of a private eight inch sewer to the
Chula Vista sewer system was issued to APPTECH, 1700 Maxwell Road, in September, 1989.
The private sewer was anticipated to be constructed in order to dispose of neutralized liquid
wastes directly to the sewer rather than trucking them to a disposal site. That manner of
disposal is covered by an industrial waste permit which was issued by the San Diego Metro
system. Under this Industrial Wilste permit, APPTECH is allowed to transport their waste by
truck to San Diego's Metro Pump Station #1 and discharge it there. When they obtained the
construction permit, APPTECH made payments totalling $22,823.41 to pay back Sewer
Reimbursement Districts 42 and 51 and paid sewer capacity fees of $117,738.00.
During December, 1991, a review of outstanding permits by the City staff revealed that the
APPTECH permit had not been exercised. We wrote them a letter requesting that they inform
the City of their intention to complete the work. In a response dated October 14, 1993 they
indicated that they had decided to not go forward with the project, and requested a refund of
all fees and release of bonds. Section 15.04.250 of the Municipal Code authorizes the City
Engineer to cancel a permit in response to such a request, and that was done.
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Page 2, Item 4 ~
Meeting Date ~Y/07
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The FY 1994 budget provided $10,000 in Fund number 220 for the provision of refunds of
overpaid sewer connection fees. No other funds were appropriated from Fund 220. Fund 222
appropriations included $2,000 for refund of current year deposits and $50,000 for refund of
fees.
Refunds of the magnitude involved in the APPTECH case are very unusual and, in this
instance, they caused the respective activity accounts to be overdrawn by $12,823 and $68,513.
The City's accounting system initially prevented the refunds from being made because of the
negative budget balance generated.
The Municipal Code does not clearly provide expenditure authority to the City Engineer for
the making of refunds of unearned permit fees although, as stated above, he is authorized to
cancel or. revoke permits for which the fees or deposits were collected. Such refunds of
unearned fees are a normal business practice. As an example, the Municipal Code provides
that Residential Construction Taxes collected on building permits shall be refunded if those
permits are not exercised. Further examples exist in state legislation. Senate Bill 767
mandates the refund of unearned sewer service charges, and Assembly Bills 372 and 1600
require the refund of collected developer fees if not used within five years of their collection
unless they are committed to a specific project or the City has made fmdings justifying their
retention.
Although we have now been made more aware of the limitations placed upon us by the budget,
with the above background staff mistakenly overrode the accounting system and authorized the
repayment without an additional appropriation being approved by Council.
Nevertheless, the City had little choice about making this payment. APPTECH paid the
Capacity Fees and the Reimbursement District charges in order to utilize a portion of the City's
capacity in the Metro system and to gain access to the downstream Chula Vista sewer system.
They did not make the connection, and therefore can not use either the capacity or the
downstream system.
"""'"
Under these conditions the City Attorney believes that we are legally obligated to return
APPTECH's payments. However, the timing of the repayment and allocation of resources to
make the repayment are within the authority of the Council through the budget control process,
and staff should have solicited an appropriation prior to the repayment.
The necessity to refund fees or payments which have been collected from developers (generally
in smaller amounts) occurs from time to time. In order to clarify the authority of staff to
provide refunds in instances where permits are cancelled or the fees are in some other manner
unearned, staff has prepared an ordinance which will give that authority to the City Manager
under appropriate circumstances.
The proposed ordinance amends Section 15.04.290 of the Municipal Code by adding a ~
subsection "D" stating that the City Manager or his designee may refund fees which have been
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Page 3, Item ~
Meeting Date 4/94 %j/Jf
colIected (less costs incurred by the City in processing the permit, or in construction of
facilities) if the permit is revoked, surrendered or terminated without use, and the refund is less
than $100,000. In these situations, the City Manager may make refunds without advance
appropriations. AlJ other refunds must be authorized by the City Council.
That Ordinance is recommended for approval by Council, as is the adoption of a resolution
appropriating $15,000 in Fund 220, Activity 2200 and $70,000 in Fund 222, Activity 2220 as
discussed above. A four fifths vote is required for the latter action.
The City's computerized accounting system was and is fulIy operational in that it "kicks out"
applications for checks when the appropriation is deficient and the check would produce an
appropriation overdraft. In this case, due to the ambiguity over the applicability of the budget
limitations, staff overrode the accounting system.
FISCAL IMPACT: None. The payments to Reimbursement Districts 42 and 51 were
deposited in Fund 220 without being designated for a speciftc Reimbursement District.
Construction of the facilities under Reimbursement District No. 42 was fmanced by the City,
and while construction under District No. 51 was fmanced by the Otay Industrial Park, none
of the colIected repayment was requested by or sent on to that developer.
RID, ICY 004
F:\HOME\ENGINEEIl.\AGENDA\APREF4
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ORDINANCE NO. eJ,/"'Y j
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA .N:),?'5>\O~
AMENDING TITLE 15 OF THE MUNICIPAL CODE BY AUfHORIZI~Q;) p.v-
THE CITY MANAGER TO REFUND UNEARNED PERMIT ~ ~
SPECIFIED SITUATIONS \l.<J'-V"
. O~Q
THE CITY COUNCIL OF THE CITY OF CHULA VIST.k)SOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 15.04.290 ("Fees-Collection-Method of estimation-Verifica-
tion-Payment required- Exemptions") of the Municipal Code is hereby retitled to read:
"Fees-Collection-Methodofestimation- Verification-Paymentrequired-Exemptions-Refunds" ,and
as retitled, is hereby amended to read as. follows:
"15.04.290 Fees-Collection-Method of estimation-Verification-Payment required-
Exemptions-Refunds.
A. Fees required by this chapter shall be collected by the city engineer and deposited
with the director of finance. Such fees shall be as presently designated, or as
may in the future be amended, in the master fee schedule.
B.
No permit shall be issued, and no land development shall be permitted until the
fees applicable under this chapter have been received by the city engineer.
C.
The state or any of its political subdivisions or any governmental agency shall file
applications for permits and shall be issued permits as required by this chapter.
No fees shall be required when the work is done by persons working directly for
the state or agency.
It.
The City Manal!er. or his desil:nee. may authorize. without advance
~ronriation. the refund of fees reouired by this ChllPter to be collected. or such
pOrtion of the fees deemed l\P.Pronriate for refund by the City Manal!er (net of
costs incurred by the City in processinl: the nermit ~p"plication or unless the City
has used the fees to construct facilities for a develQpment for which the fees were
paid). if the City Man~l:er finds that the permit for which they were collected has
~ revoked. surrendered or terminated without use by the permittee and the
Ri~nd is less t\)an $100.000. All other refunds shall be authorizPJI by the City
Council.
(Ord.
. 111. 1994: Ord. 2011 U (part), 1982; Ord. 1797 U (part), 1978)."
Presented by:
~tor~
BruCe M. Boogaard
City Attorney
John Lippitt
Public Works Director
6'-/
Page 1, Item ~
Date June 21. 1994
COUNCIL AGENDA STATEMENT
19 Resolution J?S~cePting $50,000 in grant funds from the
California Energy Commission (CEC), authorizing the City Manager to
execute CEC contract for $50,000 in grant funding, and appropriating
funds therefor,
!1 Resolution 17.s:1~authorizing the City Manager to execute a contract
for $42,953 with Science Applications International Corporation (SAIC)
to develop an advanced aluminum air battery for electric vehicles
pursuant to the CEC grant.
C Resolution 11..,5j hmending the FY 93-94 budget for a .16 part-time
temporary intern II pursuant to the CEC grant.
SUBMlTfED BY: Barbara Bamberger, Environment~ ~~ Manag~
REVIEWED BY: John D. Goss, City ManageJ~ r(4/Sth Vote: Yes..!.. No->
In November of 1993, the City Council approved acceptance of grant funding from state
Petroleum Violation Escrow accounts, which was specifically legislated for the sole purpose
of sponsoring an experimental aluminum air battery (fuel cell) research/development project.
In this capacity, staff has been working with scientists from Science Applications International
Corporation (SAIC), the proponents of the research project. SAIC is a national corporation
specializing in the research and development of alternative fuel vehicle components. Per
direction by Council to promote environmental businesses, to "incubate" new environmental
technologies with future promise for commercialization and growth, and to develop a
comprehensive energy conservation program, the aluminum air fuel cell is an exciting project
which the City can assist by passing through funds legislated for this purpose to a local
business. In return, the City may benefit in the future if/when the product is successful and
commercialized. In addition to funding the aluminum air battery, additional funding has been
secured for staff cost reimbursement and Greenfleets project team development, of which
Council approved participation in February 1994. Once both contracts are approved by
Council, staff will act as the link between the California Energy Commission, the agency that
is contracting with the City, and SAIC.
TITLE:
RECOMMENDATION: Approve resolutions:
1) accepting $50,000 in grant funds from the California Energy Commission (CEC),
2) authorizing the City Manager to execute $50,000 CEC contract and appropriating funds
therefor to the Energy Conservation Fund, account 280-2811, in accordance with Table 1.
3) authorizing the City Manager to execute contract for $42,953 with Science Applications
International Corporation (SAIC) to develop an advanced aluminum air battery for electric
vehicles.
4) amending the FY 93-94 budget for a .16 part time temporary Intern II pursuant to the
CEC grant.
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Page 2, Item
Date June 21.
/
1994
DISCUSSION:
As part of the City's overall effort toward development of an energy conservation and air
quality improvement program, and consistent with the City's environmental agenda, the City
applied to the State to fund the development of an aluminum air fuel cell research and
development project. As a result, the city received $50,000, which the Council accepted in
November 1993, from the California Energy Commission, the agency assigned to manage
energy related special proj ects.
The City will be funding Phase I of a two phase research and development project to be
conducted by SAIC. Staff will work with SAIC's project manager to oversee the project
through the completion of Phase I to fulfill all requirements by the California Energy
Commission.
In Phase I, SAIC will utilize an existing aluminum air fuel cell (i.e. battery) prototype, refine
the prototype and determine if it can be made commercially viable for powering electric
vehicles. The significance of this project, if successful, follows: an aluminum air powered
vehicle does not emit any pollutants and does not require electricity for its operation. It is
charged by the exchange of electrolytes, which results in power for the vehicle. The range of
an aluminum air powered vehicle is anticipated to be equal or better than a gasoline powered
vehicle. Up to now, the prototype has proven to work, but it is too expensive to be
commercially viable because the aluminum used as the "fuel" is of high quality, and is
extremely expensive for everyday use.
The SAIC laboratory experiment will focus on solving this problem by testing inexpensive
aluminum with components designed and fabricated by SAlC. The project's goal is to
demonstrate sufficient power and energy to enable a multi-cell stack to power a small pickup
truck 300 miles per charge with 60 kW of peak power capability. It is anticipated this
laboratory work will result in utilizing advanced aluminum air battery technology in vehicle
fleets and demonstrate the commercial viability of producing non polluting vehicles. More
specific details are listed in Exhibit A of the contract. SAIC will supply written results of the
experiments and demonstrate a single cell, once it is completed. The City will be funding
only Phase I of the project, but it will be receiving quarterly reports on the progress of the
research throughout phase II, and will be expected to file annual reports up to two years after
phase I is complete, in order for the CEC to track the level of success realized through the
research project.
In addition to appropriating $42,953 in grant funds to SAIC, the City will receive an
additional $5,047 for development of its Greenfleets Project Team, and $2,000 for staff cost
recovery relating to management of the contract between the State, the City and SAIC. The
specific budget breakdown is listed in Table 1 attached.
In addition, the staff is recommending approval of a part time intern II position at 24 hours a
week for a maximum internship of 9 months to assist in developing the Greenfleets initiative.
Funding for this position will come from two grant sources, the C02 Reduction Project and
this grant.
')..;..
Page 3, Item
Date June 21.
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1994
FISCAL IMPACT:
The City will receive an additional $50,000 in grant funding to be appropriated to the Energy
Conservation Fund and budgeted in account 280-2811 for an Aluminum Air Advanced
Battery Research and Greenfleets Project Team development. Of the total funds received, the
City will contract with SAIC to develop, in conjunction with CEC grant funding guidelines,
an advanced aluminum air battery and, as described in the project's budget listed in
attachment Table 1, appropriate $42,953 of the available funds for this purpose. Of the
remaining funds, $5,047 will be used to augment the Greenfleets Project Team budget, which
includes amending the FY 93-94 budget to add an intern II position for the Greenfleets
initiative, and $2,000 will reimburse staff time for contract management.
'J.J
Page 4, Item :7
Date June 21. 1994
TABLE 1- Ene'iY ConselVation Budget
280-2811
Object Item Amount
account
5105 Hourly Wages $3389
.16 Intern ($7.06 @ 24hrs
per week for 20 weeks)
5143 medicare/.0145 50
5145 pars / .0375 128
5212 printing 200
5201 SAIC Contract 42,953
5218 postage 165
5221 travel 1,115
5291 staff time reimbursement 2,000
Attachments:
A) SAIC Contract
B) California Energy Commission Contract NOT SCANNED
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Agreement between
City of Chula Vista
and
Science Applications International corporation for Advanced
Aluminum Air Battery Development Consulting Services
This agreement ("Agreement"), dated _6/21/94 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, Science Applications International Corporation
(Consultant), as part of the City's overall effort toward
development of a comprehensive energy conservation and air
quality improvement program, and consistent with the City's
Environmental Agenda, the City applied with Consultant to the
state to fund the development of an aluminum air fuel cell~ and
Whereas, as a result, the city has been awarded a grant for
Phase I of a two phase research and development project to be
conducted by Consultant under contract with the city~ 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~
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 1
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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
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.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 2 ~
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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 fo~lowing 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").
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liabilit~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.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 3
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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. Securitv 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 ~erm,
"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 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.
2pty9.wp standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 4
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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
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 terminate when the Parties have
complied with all executory provisions hereof.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 5
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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 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.
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.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 6 ~
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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
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
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 7
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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 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
2pty9.wp standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 8
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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, not to exceed the total value of this Agreement.
10. Termination of Agreement for Convenience of City
This project may be terminated for any reason set forth below:
The City may, at its option, terminate this agreement for
any reason in whole or in part, upon giving thirty (30) days
advance notice in writing to the consultant by certified
mail, return receipt requested. In such event, the
consultant agrees to use all reasonable efforts to mitigate
the recipient's expenses and obligations hereunder. Also in
such event, the city shall pay the consultant for all
satisfactory services rendered and expenses incurred prior
to such notice of termination which could not..be reasonable
efforts of the consultant have been avoided, but not in
excess of the maximum amount payable. Consultant hereby
expressly waves any and all claims for damages or
compensation arising under this Agreement for such
termination 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
~hall 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
The City of Chula Vista will claim no ownership in rights
for inventions, data, or material produced or composed in the
performance of this Agreement, however:
a. The City shall be granted a no-cost, nonexclusive,
nontransferable, irrevocable license to use or have
practiced for or on behalf of the City the subject
invention(s) for governmental purposes and for promotional
purposes. Consultant must obtain agreements to effectuate
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 9
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b.
this clause with all persons or entities obtaining ownership
interest in the patented subject inventions,
The City shall be granted the use of the technical data
first produced or specifically used in the performance of
this Agreement,
"""".
c. The City shall be granted a royalty-free, nonexclusive,
irrevocable, nontransferable license to produce, translate,
publish, use and dispose of, and to authorize others to
produce, translate, publish, use and dispose of all
copyrightable material first produced or composed in the
performance of this Agreement.
d. In the event that the first generation single cell aluminum
air battery to be developed by Consultant under this
Agreement proves to be a potentially commercially viable
product, Consultant agrees to use its best efforts to
incubate, develop, manufacture and distribute such product
from a location within the City of Chula Vista.
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, 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
2pty9.wp standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 10
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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
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
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 11
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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. Capacit~ 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.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 12 ~
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06-16-1BB4 ~l~
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JltH8-94 11IIl 9: 32
OIlY rf CHULA UISTA
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FAX NO. 5855812
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to
ACJr....nt betw.en city of Cbula Vl.ta and 8clenc. ~lloatloftIJ
tnt.matlonal COEPOratlon (sue)
f'or AdVan08d Al_1n_ Battery o.v.lopaut CGn8U1tlag '8!:Vlo..
XII WX'l'NZa.l WBRBOF. Citv and COft.U11:&ftt bava _a~ thi.
Avr._aftt 'tbar~ indicating that 1:hey bay. r.al1 anct W'ldaratoOlS
.._, anl5 indioate their tull and GOIIplata con..nt to it.. tOnsel
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Approved .. to tOZ'R1
aruce H. Boog..reI, CU:y Attornay
Dat.ed:
8018noe AppUcat:1_
:rnt:ernat.ional CoZ'pOration
(aAIC)
Byl~ ~ '
800tt aaJU.and, Con aot.
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November 2. 1..3 Paw. 13
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06-15-1894 23:03
6194585100
SAle
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JUN-I6-94 1lIll 9: 32
CllY a: CHULA UISTA
FAX NO. 5855812
P.OI
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S1gnat:ure Pafle
to
Agr....nt between City ot Chu1e Vl.~. and Scianoe &pp110etlona
%ntamatiOnA1 Corporat1on Csue)
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:EN w:r'l'HZSS WERBor. C1 t)' and Ceneul tant bava --0\11:.-4 i:.hi.
Aqra_ent ~roby inc!ic.t1Jlg that thay bav. read and unde:r.toOd
..... and indioata th.ir full and o~l.ta oone.nt to it. terme,
Datad.
. 1'94
City ot Chul. vi.t.
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Attest. .
aavarJ.y AutA.lot. City Clark
Approved .. to tora.
- Bruce M. Boog.ard, City Attome)'
O&1:.cl:
801enoe Applioatlona
Xntarnational Cozoporation
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Bxhibit Li.t to A~_ent;
( ) Exhibit A.
( ) 2lthlb1 t 8.
2ptyll.vp Stanclant POnl Two PaR)- Aqro_ent (Pourth Rev1.10n)
November 2. 1',3 Pa.. 13
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Exhibit A
to
Agreement between
City of Chula Vista
and
Science Applications International corporation (SAIC) for
consulting services,
1. Effective Date of Agreement:___6j21j94
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:
SAIC
Scott Weakland - For contract management concerns
Jeffrey Colborn - For scientific reasons
2950 Patrick Henry Drive
Santa Clara, CA 95054
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(x ) Corporation
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 1
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6. Place of Business, Telephone and Fax Number of Consultant:
For Contractual Concerns:
"""'.
Science Applications International Corporation
Scott C. Weakland
2950 Patrick Henry Drive
Santa Clara, Ca 95054
Voice Phone: (408)727-0607
Facsimile: (408) 727-8748
For Technical Concerns:
Science Applications International Corporation
Dr. Jeffrey Colborn
10260 Campus Point Drive
San Diego, California 92121
Voice Phone (619) 458-4782
Fax Phone (619) 458-3718
7. General Duties:
Consultant will complete phase one of a two phase program that will
develop and demonstrate a single cell for an aluminum air advanced
battery. The cell will be recharged with pellets of inexpensive
aluminum and will have a design goal of demonstrating sufficient
power and energy to enable a multi-cell stack to power a small
pickup truck 300 miles with 60kW peak power capability. The City ~
has agreed to sponsor a portion of this project for an amount of
$42,952.72, contingent upon receipt of State Petroleum Violation
Escrow Account Funds (PVEA) and in accordance with stated scope of
work.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Contractor shall assemble and test in the laboratory a
full-size first generation single aluminum/air cell using
the preliminary leading candidate electrolyte and
components designed and fabricated by Contractor under an
IRAD project. Commercially-available cathodes will be
used. Contractor shall demonstrate an advanced single
cell aluminum air battery and conduct cell experiments as
defined below, and according to engineering and scientfic
standards. Contractor shall suoolY vrittenresults of
the batterv cell eXJ)eriments. based uoon each
deliverable. and sketches of the oreliminary desian as
develooed bY the contractor vill be aiven to the Pro;ect
Manaaer uoon submittal of invoices based on the
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 2
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B.
deliverable 8ch~dule. This research and development
project shall be conducted in accordance with the city of
Chula vista I s California Energy C01llIllission Grant
Agreement #626-93-002, as attached. If a conflict or
inconsistency exists between the terms of this Agreement
and the California Energy C01llIllission Grant Agreement
#626-93-002, the state of California California Energy
C01llIllission Grant Agreement 626-93-002 shall be considered
controlling.
Date for C01llIllencement of Consultant Services:
(x ) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1:
9/1/94
Assemble cell, refueling mechanism and test-rig.
Contractor shall purchase and modify a special test-rig to test a
first-generation single cell in the laboratory. The test rig shall
include means for circulating the air and electrolyte, managing and
measuring the electrolyte temperature, and measuring the current
and output voltage of the cell.
Deliverable No.2: 10/1/94
Assemble and program data acquisition and control system.
Contractor shall purchase and assemble the data acquisition and
control system for the first-generation single cell. This will
include a 486-based PC compatible computer with touch screen,
labview software, labview-compatible data acquisition plug-in
boards, transducer, and cables. The data acquisition system will be
developed by consultant to be adaptable for use by the driver on-
board an aluminum/air powered electric vehicle. Consultant will
provide a readout of electrolyte temperature, air temperature, cell
voltage, cell current and cell power. The control system will
include a mechanism for automatically refilling the cell with
aluminum when needed.
Deliverable No.3: 11/1/94
Test Completed Single-Cell in laboratory
Contractor
laboratory,
shall test first generation single cell in the
including power output of cell, current efficie~cy,
2PT'i9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 3
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overall efficiency, maximum duration to electrolyte saturation,
thermal rejection requirements, and reliability of cell _.
construction. Cell parameters as a function of time during start ,
will also be measured.
Deliverable No.4: 1/4/94
Contractor will demonstrate in laboratory, a first generation
single cell aluminum air battery and submit complete report
presenting the results of Deliverable #3, including the following:
description of project, summary of objectives of project and how
objectives were pursued, findings, conclusions, recommendations for
follow-up or ongoing activities that might result from successful
completion of the project, description on future potential for
development and commercialization of aluminum cell batteries, based
upon results of Deliverables 1-3, an itemized summary of final
project costs, certification that all work has been performed and
completed in accordance with this agreement, cost analysis of the
aluminum/air battery to determine its equivalent price per gallon
of gasoline and diesel fuel, including the cost of recycling the
aluminum, marketing plan to support its projected battery sales.
D. Date for completion of all Consultant services:
_December 31, 1995
9. Insurance Requirements:
Statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000.
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).
10. Materials Required to be Supplied by City to Consultant:
(x)
(x)
(x)
( )
( )
""'"
none
11. Compensation:
A. (x) 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:
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 4
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Single Fixed Fee Amount: S42.9~2.72. ~ayable as follows:
.- Milestone or Event or Deliverable Amount or Percent of Fixed F~e
Deliverable 11 9/1/94 $19,624.72
Deliverable 2: 10/1/94 $12,638.42
Deliverable 3: 11/1/94 $ 7,282.32
Deliverable oC: 1/1/95 $ 1,259.63
Consultant expressly acknowledges and agrees that any fee payable
to city and Consultant hereunder is expressly contingent upon
receipt by City of funds sufficient to make such payment from State
Petroleum Violation Escrow Account Funds. In the event City does
not receive such funds, withstanding any provision of this
Agreement to the contrary, City will be under no obligation to make
any payment to Consul ant for services rendered hereunder.
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 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
.
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 5
J?
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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 addi-
tional 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.
'""'"
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 6
.""",.
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Rate Schedule
category of Employee
of Consultant
Name
Hourly
Rate
Staff Scientist
Jeff Colborn
S82.87
) Hourly rates may increase
rendered after [month], 19
services is caused by City.
12. Materials Reimbursement Arrangement
(
by 6% for services
, if delay in providing
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:
(x) 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:
not to exceed $ .
, .
, not to exceed $ :
.
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 7
.2}
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13. Contract Administrators:
'""" .
City:
Barbara Bamberger, Environmental Resource Manager
City of Chula vista
276 Fourth Avenue
Chula Vista Ca 91910
619-691-5296
fx: 619-585-5612
Consultant:
Jeff Colborn, Staff Scientist
Science Applications International Corporation (SAIC)
10260 Campus Point drive
San Diego Ca 92121
619-458-4782
fx: 619-458-3718
14. Liquidated Damages Rate:
( ) $ per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
( ) Not Applicable. Not an FPPC Filer.
( x) FPPC Filer
'"""
( x) Category No.1.
(
( x)
Investments and sources of income.
x) Category No.2.
Interests in real property.
. category No.3. Investments, interest in real
property and sources of income subj ect to the
regulatory, permit or licensing authority of the
department.
( x) 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
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 8
~
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.~ 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.
( x) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property
within 2 radial miles of Project Property, ~f any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
none
~ 18. Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
( ) Monthly
( ) Quarterly
( x) Other:_Upon completion of deliverables
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: 280-2811
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
~
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 9
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(x ) Retention. If this s~ac:e is checked, then
notwithstanding other prov:Ls:Lons 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:
(x ) Retention percentage: 5__'
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant services
(x ) other: comoletion of all consultant services.
and aooroval bv the California Enerav Commission
proiect Manaaer.
~
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 10
""""
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JUN~ 7-94 TUE 9:55
~"." .
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CITY OF CHULA UISTA
f'AX NU. b~bbtil~
r.ut>
FORM 730
N~ME ~/ILI~ ~ {If.
'"......,
The following summary must be completed by .11 filers. Before completing this summary
p'age, review your disclosure category, cont.inei:lln your agency's conflict of Interests code, to
aetermlne wl\at types of Interests must be reported. Instructions .re also provided for each
.chedule. If a schedule dOli not apply to your disclosure category. check the box -No
Reportablelnttrests.-
,""',
AFTER THE SIJMMAItY ,.AGE HAS IEEN COMPl.fTfD. PLEASE DISCARD THOSE S(HEDULES ON WHICH YOIl
HAVE NOMPOIITA"E INTfItESrs.
(/J-9
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CITY OF CHULA UISTA
FAX NO. 5855612
P.04
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FO RM 730 Date Illcelvad by Filing Officlll
Statement of Economic Interests
for Desl~nated Employees
A PUBLIC DOCUMENT
1993/94
.
IF YOU ARE FILING AN
EXfJANDED srI< tEMENT:
OHtceIPO,ttiOft
HI",' 0' .".",(,
TYPE OF ST A TEM ENT (SlllnstructJonson pege I):
o ASSUMING OFFICE STATlMENT
Dltt ""llmed OffiCI or, If you Ire In Appointed OffjdlllUb.
ject to confirmltion. enter the Dlte Appointed or Nominlted:
...
'"
,..
o ANNUAL STARMfNT
The period covared is I.nulry '. .HI tllto"'" Dectmller If. fJIJ.
.
o LIAVlNG OFFICE STATEMENT
Tnt period covered isJlnlll'Y f. ,,,_ tIttD4Igh the .tl you leftyourdl./tnattd pos/tlon.
Date left dl5ignatlNl position:
....
'"
,.
Ji!I 1N1TlAJ. srI. RMfNT (Compllte this section ONLY If your position hiS betn rectntly deslgnltld or if you ar.
filing under IllIl/l: Conflict of Interest Cod. for your Igel1Cl'.)
9'1.
,..
EffectivI dati of codl:
~
....
,&
..,
o CANDIDA Tf STA TlMfNT (Complete only If required by the conflict of intlrest code for the jurisdiction In whieh
yOu Ire seeking electiva office.) .
VERIFICATION
t hevI lIHd III relsonabll d1llael\CI In PNPlrlntl this nneml ent. I hive revllWlld thl tUtem, ant end to the
best Of my knOwledge the lntOnnltlon COOIfllnecI here n and In the ltulelled IIChacIII IS I' true Inti
.complete. .
I certify under penalty of perjury uncIer the IIWI of the State Of Callfornll that the foregoing I, true end correct.
beeutedon JuuL. ~ . ,. L1d It~~g..&~. &.
-......, ~/? ....-,
$IGNATURE ".#~ ~ ..2"
.
'"l.... -?P
fl2/931
'.,'
STATE OF CAUFORNJA
Gi:ANT AGREEMENT
CAUFORNlA ENERGY COMMISSION
",r. I.(ll_, ""l
This agreement is official notnlCalion of a grant award from the calirornia EBerlY Commission. The attachments listed below are
incorporated as part of tbis grantagreemcnL
.C~'" City of Chula Vista
nl;AIIT.IIM1ll>.a
626-93-002
....,..
....
....,c:,. ,
276 4th Avenue, Chula Vista, CA 91910 - (619) 691-5296
219194 - 3/31196
1-
~-
McKinley Addy, California Energy Commission
(916) 657-0833
..~,..crfIPM''''1P'IlOH
1516 9th Street, MS-45, Sacramento, CA 95814
nm CITY OF CHULA VISTA ALUMINUM AIR BATJ'ERY/FUEL CELL TECHNOLOGY DEVELOPMENT PROJECT
The city and its team led by SAJe will develop and demoDSUate an advanced single ceD alumilnlm air battery/fuel eeD to be
instaDed in a pickup truck.
CEC: $50,000.00
..
,.
SEC 6(j)(4) Chula Vista Aluminum Air Battery Development Project
....,.'Jtt...t:rlMflPJl,..n
....
........
...n
"".
$50,000.00
3002-3360- 5'03.12.
1159
1993
1993194
~
B 314 Stripper Well Expenditure Plan #21
$N/A
$50,000.00
I borelll' ....lly .pon my..... ...-1_Jedae IlloI ...,...... ,... _ _bIe Iorlbo period nd..- ...... ........
~ , "
...
~
... 10 lido .........1 ud.... _plywithlbc _.. ud ............. __IbcreJa.
CALIFORNIA ENERGY COMMISSION RECIPIENT
. AI"*-....... ...."".111 ......
..... - ...... -,
Cynthia R. Hobson 1654-5204
,.
1. Terms and Condilions
2. Work Statement
3. Budget
.4. Resolutions
S. Special Conditions
6. Project !\lanagemenl Manual
.,. Felleral O!\tB Circulars
GRANT NOT SUBJECT TO DGS APPROVt.l
PER ATTORNEY GENERAL OPINIONS
(,3 )
02')
GRANT TERMS AND CONDmONS
TABLE OF CONTENTS
GRANT AGREEMENT .............
. ... ................................
INCORPORATED BY REFERENCE
. ..... ....... .... ....... ... ... .... ......
O1HER CONDrnONS
.. ... 2
2
.... . 3
3
3
3
3
........... ... ... ...... ...... ..... ........
DUE DILIGENCE
.......... ..... ........ .......... .... ........
FUNDING SOURCES - REQUIREMENTS AND RESTRIcnONS
.... ... .... ...
Exxon Settlement . . . . . .
Stripper Well Settlement
Warner Amendment ...
State Energy Conservation Program (SECP)
RESTRIcnONS ON FUNDS - SUPPLANTING
..... ... ..... ...... ..... .........
PRODUCTS
.................. ...... ..... ......... ..................
QUARTERLY PROGRESS REPORTS
.. .... ..... ....... .....................
GENERAL TERMS
.. ..... ................. ......... .............. .....
AMENDMENTS
. ........................ ................. ...........
CONTRACTS OR SUBCONTRACTS
....................... ..........
CONTRAcnNG AND PROCUREMENT PROCEDURES . . . . . . . . . . . . . . . . . . . .
PERMITS AND CLEARANCES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TERMINATION
...... .... ....
. ........ .............. ......... ......
Event of Breach
State's Option
. . .
..
TRAVEL AND PER DIEM
.. ...... ............ ... .......... ...... .......
RIGHTS OF PARTIES
....... ........... ... ........ .......... .........
PA~ OFFtJNDS... .................. ...........................
,).~
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1
1
4
4
4 .~
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S
6
6
6
7
7
7
7
10
10
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FlN.Al. ADMINlS'TRATIVE REPORT.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .." 10
AUDITS
...................... .............. ..... ........ ................. .................
INDEMNIFICATION
.. ....................... ...... .... ................................
NONDISCRIMINATION - STATEMENT OF COMPlJANCE ... . . . . . . . . . . . . . . . . . . . .. 11
DRUG-FREE WORKPLACE CERTIFICATION
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. ..
DISPUl'ES ....................................
.............. ................. ..... ..........
Commission Dispute Resolution
Binding Arbitration ...........
.
.
lVORKERS' COMPENSATION ENS~CE ...... ............................ 15
STATEMENT OF ECONOMIC INTERESTS
...................................................... ..
POLmCAL AC11VlTY LlMlTATIONS (HATCH ACT) ..............
................ ..
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11
11
12
13
13
14
15
15
.
-...
TERMS AND CONDITIONS
GRANT # 626 - 93 - 002
Funding for this grant was authorized by
Senate Bill 314, Chapter 1159, Statutes of 1993.
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GRANT # 626 . 93 - 002
TERMS AND CONDmONS
1.
GRANT AGREEMENT
This project is being funded with a grant from the California Energy Commission.
Funding for this project was authorized by Senate Bill 314, Chapter 1159, Statutes of
1993, and consists of federal oD overcharge funds in the Petroleum Violation Escrow
Account (PVEA). It is hereby understood and agreed that this agreement shall be
governed by the laws of the State of California as to interpretation and performance.
This agreement shall be signed and returned to the Commission within 30 days.
F811ure to meet this requirement may result in forfeiture of the award
2 INCORPORATED BY REFERENCE
This grant incorporates by reference the following:
o Terms and Conditions,
o Work Statement,
o Budget,
o Resolution of the Recipient Governing Body,
o Resolution of the California Energy Commission, and
o Project MtulQgement ManlUJl.
The Office of Management and Budget (OMB) Circulars checked below are
incorporated as pan of this agreement:
X Common Rule for Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments (10
CFR Part 600, Subpart E)
Uniform Administrative Requirements for
Grants and Agreements with Institutions
of Higher Education, Hospitals, and Other
Non-Profit Organizations
10 CFR Part 600, Subpart B, Grants (Administrative rules for grants
and cooperative agreements and subawards to other than state local,
and Indian tribal governments)
OMB Circular A-11O:
FEBRUARY 1994
1
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GRANT # 626 - 93 - 002
INCORPORATED BY REFERENCE (CONTINUED)
"""
OMB Circular A-87: Cost Principles for State and Local Governments
OMB Circular A-21: Cost Principles for Educational Institutions
OMB Circular A-l28: Audits of State and Loca1 Governments
--A-_
OMB Circular A-133: Audits of Institutions of Higher Education and
Other Non-Profit Organizations
0TIiER:
NONE
3. OTHER CONDmONS
All other conditions and requirements specified in the Project MtuUJgement Manual, ~
and any federal, state, and local laWs and regulations applicable to your project not
expressly listed in this attachment are incorporated herein as part of this agreement.
4. DUE DILIGENCE
The recipient is required to take timely actions which, taken collectively, move this
project to completion. The Commission Project Manager will periodically evaluate
the schedule for completion of Work Statement tasks. If the Commission Project
Manager determines (1) the recipient is not being diligent in completing the tasks in
the Work Statement or (2) the time remaining in the funding award ~ insufficient to
complete all project work tasks not later than the project term date, the Project
Manager may recommend to the Commi~sion that this agreement be terminated, and
the Commission may, without prejudice to any of its remedies, terminate this
agreement.
FEBRUARY 1994
2
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GRANT # 626 . 93 . 002
s.
FUNDING SOURCES. REOUIREMENTS AND Rl"STRIC'nONS
It is understood and agreed upon by the parties to this agreement that:
a. Funding for this agreement is subject to the approval of the United States
Department of Energy and to any additional restrictions, limitations, or
conditions imposed by the United States Department of Energy, federal law,
federal court judgments, and/or federal agency orders which may affect the
provisions or terms of this agreement.
b. The Commission has the option to void the agreement under the 30-day
cancellation clause or to amend the agreement to reflect any reduction of
funds.
c. The funding source(s) and applicable restriction(s) checked below apply to
this grant:
EXXON SE'lTLEMENT
Grant funds may not be used to reimburse indirect charges 1.
x
STRIPPER WELL SE'lTLEMENT
Indirect charges 1 up to 5 percent are allowed if included in the
grant budget.
WARNER AMENDMENT
Grant funds may not be used to reimburse indirect charges 1.
STATE ENERGY CONSERVAnON PROGRAM (SECP)
Funding for this agreement is approved as part of the SECP
annual grant. This grant terminates on June 30 of each year
and must be extended annually.
Grant funds may be used only as approved in the California
SECP.
I Indftct damps 1ft tho# iIIcIImtl for 11..<:>1011_ or joint PUTJlO" bIIIeJftting mlft t/aQn Ofte 1ICtivity.
Emmplu WOIIId be offiu IJHI" ~ atIIblishmmllllUllfllliltte1llJn D/ the grant program. IIIId preparation
IIIId nraintmance of payroIIlIIUl relaud wage rccortls.
FEBRUARY 1994
3
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GRANT # 626 - 93 - 002
FUNDING SOURM'!: - REOUIREMENTS AND RESTRICTIONS (f.ONTINUEQ)
""""
STATE ENERGY CONSERV AnON PROGRAM (SECP) (CONTINUED)
Any projects included in SECP must submit an annual energy
savings report as specified in the Project MtuUJgement MtIIUUIl.
6. RESTRICTIONS ON FUNDS - SUPPLANTING
,
Grant funds may not be used to supplant (i.e., take the place of) previously budgeted
funds for this project, whether recipient funds or funding from other grants. This
includes budgeting for staff, ccintractors, or supplies. Funds may be used to
supplement an existing budget.
7. PRODUCTS
Unless otherwise directed, two copies of all products identified in the Work
Statement shall be submitted to the Commission Project Manager. All products are
subject to the review and approval of the Commission Project Manager.
""""
8. OUARTERL Y PROGRESS REPORTS
The grant recipient shall submit quarterly progress reports prepared in accordance
with the format specified in the Project Management MtIIUUIl. These reports shall
be sent to the Commission Project Manager and are due no later than five days
following the end of the calendar quarter.
Quarter Report Due
January - March April 5
April - June July 5
July - September October 5
October - December January 5
FEBRUARY 1994
4
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GRANT # 626 - 93 - 002
9. GENERAL TERMS
10.
.
a. The recipient, and the agents and employees of the recipient, in the
performance of this agreement, shall act in an independent capacity and not
as officers or employees or agents of the State of California.
b. Without the written consent of the Commission, this agreement is' Dot
assignable or transferable by borrower either in whole or in part.
c. Time is of the essence in this agreement.
d Any report, brochure, or product produced as a result of work funded by this
program shall not be represented to be endorsed by the Commission, and any
documents shall include the following statement:
LEGAL NOTICE
This document was prepared as a result of work
sponsored by the California Energy Commission.
It does not necessarily represent the views of the
Energy Commi~$ion, its employees, or the State
of California. The Commission, the State of
California, its employees, contractors, and
subcontractors make no warranty, express or
implied, and assume no legal liability for the
information in this document; nor does any party
represent that the use of this information wm not
infringe upon privately awned rights.
e.
The Commission reserves the right to use and reproduce all reports and data
produced and delivered pursuant to this agreement, and reserves the right to
authorize others to use or reproduce such materials. Each report becomes the
property of the Commi~sion.
AMENDMENTS
All amendments to this grant agreement must have prior written approval from the
Commission Project Manager and Grants and Loans Officer.
FEBRUARY 1994
s
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GRANT # 626 - 93 - 002
11. CONTRACTS OR SUBCONTRACTS
"""'.
The recipient shall submit any proposed contracts or subcontracts, except its standard
employment contracts for personnel, and any substitution of contracts or subcontracts
to the Commission Project Manager for approval prior to the recipient entering into
same. The Commission Project Manager shall be notified before termination of any
contract or subcontract.
Each contract or subcontract will contain a provision that further assignments will not
be made to any third or subsequent tier contractor without the consent of the
Commission Project Manager. The Comm;~sion Project Manager may require a
contractor or subcontractor to demonstrate adequate staff resources.
All contracts and subcontracts over certain amounts must be bid competitively, and
sole source contracts over certain amounts are subject to other criteria. The relevant
amounts and criteria are specified in the OMB Circulars incorporated by reference
in this grant and checked in Section 2 .
12 CONTRAC'lTNO AND PROCUREMENT PROCEDURES
The recipient is required, where feasible, to employ contracting and procurement
practices that promote open competition for all goods and services needed to '"'
complete this project. The Commission will defer to the recipient's own regulations .
and procedures as long as they reflect applicable state and local laws and regulations
and are not in conflict with the .minimum standards specified in the OMB Circulars
incorporated by reference in this grant and checked in Section 2
13. PERMITS AND CLEARANCES
The recipient is responsible for ensuring all necessary permits and environmental
documents are prepared and clearances are obtained from the appropriate agencies.
FEBRUARY 1994
6
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GRANT # 626 . 93 . 002
14. TERMINATION
This project may be terminated for any reason set forth below.
a. Event of Breach
In the event of any breach by the recipient of the conditions set forth in this
agreement, the Commission may, without prejudice to any of its legal
remedies, terminate this agreement upon five (5) dl!ys written notice to the
recipient.
b.
State's Option
The Comm;~sion may, at its option, terminate this agreement in whole or in
part, upon giving thirty (30) days advance notice in writing to the recipient by
certified mail, return receipt requested. In such event, the recipient agrees to
use all reasonable efforts to mitigate the recipient's expeIlses and obligations
hereunder. Also in such event, the Commission shall pay the recipient for all
satisfactory services rendered and expenses incurred prior to such notice of
termination which could not by reasonable efforts of the recipient have been
avoided, but not in excess of agreement maximum payable.
15. TRAVEL AND PER DIEM
For purposes of payment, recipient's headquarters shall be considered the location
of the recipient's office where the employees assigned responsibilities for this award
are permanently assigned. Travel exp!:nditures not listed in this agreement cannot
be reimbursed.
Travel shall require authorization from the Commission Project Manager. Recipient
shall be reimbursed for authorized travel and per diem on the same basis as
nonrepresented state employees.
Travel expense claims must be submitted on formally printed company letterhead and
recipient must sign and date the travel expense claim before submitting the travel
expense claim to the Com.mu;on for payment. Travel expense claims and supporting
receipts and expense documentation shall be attached to the recipient's Financial
Status Report. A vehicle license number is requ~d when cl,.;m;1\g mileage, parking,
or toll charges. Questions regarding allowable travel expenses or per diem should be
addressed to the Commission Project Manager.
FEBRUARY 1994
7
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GRANT # 626 . 93 . 002
The rates listed below will be in effect for the term of this agreement, unless and
until the state's per diem reimbursement rates for nonrepresented employees are """,.
revised.
a. For travel necessary to the performance of this agreement, recipient shall be
reimbursed as follows:
(1) Travel by common carrier, airline coach class or equivalent, in
accordance with receipts or vouchers verifying expenditure. Receipts
must be attached to recipient's travel expense claim.
(2) Travel by private or recipient-owned automobile at 24 cents per mile,
or up to 30 cents per mile if accompanied by a signed certification
stating, "For mileage reimbursement which exceeds the minimum rate,
I certify that the actual cost of operating the vehicle was equal or
greater than the rate claimed." The recipient is responsible for
retaining sufficient documentation of expenses to support the rate
claimed. If, however, travel by common carrier is more economical
than by automobile, the rate for the common carrier will be
reimbursed.
(3) Travel by private car to and from the common carrier will be
reimbursed at 24 cents per mile, or up to 30 cents per mile if certified
as stated above. ""'"
(4) Travel by rental car, if less expensive than taxi service. Receipts must
be attached to recipient's travel expense claim. Note: insurance
coverage is not reimbursable. The following companies must be used
unless not available in the area in which you are traveling: Able Rent
A Car, Alamo Rent A car, Budget Rent A Car, Dollar Rent A Car,
Enterprise Rent A Car, National Rent A Car, or Thrifty Rent A Car.
(5) Parking fees, taxi fees, and public transit fees may be reimbursed,
without receipt, for any amount of $6.00 or less. Amounts over $6.00
must be validated with receipts for actual expenses.
b. Per diem rates apply to travel more than 50 miles away from recipient's
headquarters. The date and time of departure aDd returD must be indicated
on recipient's travel expense claim in order to establish appropriate per diem
rates. Travel expense dAim!l submitted for reimbursements of per diem
FEBRUARY 1994
8
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GRANT #> 626 - 93 - 002
without date and time of departure and return will be reduced by the amount
of per diem invoiced Per diem is reimbursable as follows:
(1) For a trip of less than 24 hours, recipient sball be reimbursed for
actual costs up to the maximum allowance for breakfast, dinner, and
lodging according to the following table if the recipient's travel time
meets the criteria outlined below. Lodging expenses over $25.00 must
be substantiated with a receipt.
Breakfast
Dinner
Lodging
Up to $ 5.s0
Up to $17.00
Up to $79.00 plus tax
.
Breakfast may be claimed if the trip began one hour before recipient's
regularly scheduled workday. Dinner may be claimed if the trip ends
one hour after recipient's regularly scheduled workday. Note: Lunch
will not be reimbursed on a trip of less than 24 hours.
(2) For trips lasting 24 hours or more, recipient will be reimbursed actual
costs up to the maximum allowance for meals, lodging, and incidentals
according to the following table for each complete 24-hour period,
beginning with the time of departure. Lodging expenses over $25.00
must be substantiated with a receipt.
Breakfast
Lunch
Dinner
Incidentals
Lodging
Up to $ 5.50
Up to $ 9.50
Up to $17.00
Up to $ 5.00
Up to $79.00 plus tax
For the last fractional part of a travel period of more than 24 hours,
recipient will be reimbursed the authorized allowance for meals
provided that the expense was incurred and the travel time meets the
following requirements:
Breakfast:
Lunch:
Dinner:
may be claimed if travel terminated at or after 9 a.rn.
may be claimed if travel terminated at or after 2 p.rn.
may be claimed if travel terminated at or after 7 p.rn.
.
FEBRUARY 1994
9
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GRANT /I 626 . 93 - 002
16. RIGHTS OF PARTIES
.-.....
The Commission will claim no ownership in rights for inventions, data, or material
produced or composed in the performance of this grant, however:
o The Commission shall be granted a no-cost, nonexclusive, nontransferable,
irrevocable license to use or have practiced for or on behalf of the State of
California the subject invention(s) for governmental purposes. Grantor must
obtain agreements to effectuate this clause with all persons or entities
. obtaining ownership interest in the patented subject inventions,
o The Commission shall be granted the use of the technical data first produced
or specificaDy used in the. performance of this grant,
o The Commission shaD be granted a royalty-free, nonexclusive, irrevocable,
nontransferable license to produce, translate, publish, use and dispose of, and
to authorize others to produce, translate, publish, use and dispose of all
copyrightable material first produced or composed in the .performance of this
grant.
17. PAYMENT OF FUNDS
The recipient shall request payment from the Commission as reimbursement. All """"
payment requests must be made in accordance with the requirements specified in the
Project Ma1UJgement Manual.
Funds in this award have a limited period in which they must be expended The
recipient must expend all funds prior to the approved project term end date.
18. FINAL ADMINISTRATIVE REPORT
A draft administrative report shall be submitted to the Commi~sion Project Manager
no later than 60 days prior to the end of the project term and must be prepared in
accordance with the format specified in the Project Ma1UJgmrnrl Manual. The draft
administrative report wiD be reviewed by the Commi~ion Project Manager. The
recipient will incorporate comments and submit the final administrative report (the
original and two copies) to the Commi~ion Project Manager prior to the end of the
project term.
FEBRUARY 1994
10
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GRANT # 626 - 93 - 002
"e 19. AUDITS
The Commission or any other agency of the state or the federal government reserves
the right to make on-site inspections and audits of recipient's records during the term
of this agreement and for a period of three (3) years thereafter. Upon written
request from the Commi~sion, the recipient shall provide detailed documentation of
all expenses at any time throughout the project
20. INDEMNIFICATION
The recipient agrees to indemnify, defend, and save harmless the state, its officers,
agents, and employees from any and all claims and losses accruing or resulting to
recipient and to any and all contractors, subcontractors, materialmen, laborers, and
any other person, firm, or corporation furnishing or supplying work, services,
materials, or supplies in connection with the performance of this agreement, and
from any and all claims and losses accruing or resulting to any person, firm, or
corporation who may be injured or damaged by the recipient in the performance of
this agreement
e
21. NONDISCRIMINATION - STATEMENT OF COMPLIANCE
a. The recipient's signature and dating of this agreement shall constitute a
certifiC!ltion under penalty of perjury under the laws of the State of California
that the recipient has, unless specifically exempted, complied with Government
Code Section 12990 and California Code of Regulations, Title 2, Div. 4, Ch.
5 in matters relating to the development, implementation, and maintenance
of a nondiscrimination program. The recipient agrees not to unlawfully
discriminate against any employee or applicants for employment because of
race, religion, color, national origin, ancestry, physical handicap, medical
condition, marital status, sex, or age (over forty).
b. During the performance of this agreement, the recipient and its contractors
and subcontractors shall not deny the agreement's benefits to any person on
the basis of religion, color, ethnic group identification, sex, age, physical or
mental disability, nor shall they discriminate unlawfu1ly against any employee
or applicant for employment because of race, religion, color, national origin,
ancestry, physical handicap, mental disability, medical condition, marital status,
age, or sex. The recipient shall ensure that the evaluation and treatment of
employees and applicants for employment are free of such discrimination.
e
FEBRUARY 1994
11
11
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GRANT # 626 - 93 - 002
NONDISCRIMINATION - STATEMENT OF COMPLIANCE (CONTINUEO)
c.
The recipient shall comply with the provisions of the Fair Employment and
Housing Act (Government Code, Section 12900 et seq.), the regulations
promulgated thereunder (California Administrative Code, Title 2, Section
7285.0 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3,
Title 2, of the Government Code (Government Code, Sections 11135-11139.5),
and the regulations or standards adopted by the awarding state agency to
implement such article.
"'"'"
d. The recipient and its contractors and subcontractors shall give written notice
of their obligations under this clause to labor orgllni7Ations with which they
have a collective bargaining or other agreement
e. The recipient shall include the nondiscrimination and compliance provisions
of this clause in all contracts and subcontracts to perform work under this
agreement
22. DRUG-FREE WORKPLACE CERTIFICATION
By signing this grant, the recipient hereby certifies under penalty of perjury under the
laws of the State of California that the recipient wm comply with the requirements
of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) "'"'"
and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance is
prolubited and specifying actions to be taken against employees for violations
as required by Government Code Section 8355(a).
b. Establish a Drug-Free Awareness Program as required by Government Code
Section 8355(b) to inform employees about all of the following:
.
(1) The dangers of drug abuse in the workplace;
(2) The person's or orgJ'ni7J1tioo's policy of maintaining a drug-free
workplace; .
(3) Any available counseling, rehabilitation, and employee assistance
programs; and
FEBRUARY 1994
12
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23.
GRANT # 626 - 93 - 002
DRUG-FREE WORKPLACE CERTIFlCATION (CONTINUED)
(4) Penalties that may be imposed upon employees for drug abuse
violations.
c. Provide, as required by Government Code Section 83SS(c), that every
employee who works on the proposed grant:
(1) Will receive a copy of the company's drug-free policy statement; and
(2) Will agree to abide by the terms of the company's statement as a
condition of employment on the grant.
Failure to comply with these requirements may result in suspension of payments
under the grant or termination of the grant or both, and the recipient may be
ineligIble for award of any future state grants if the department determines that any
of the following has occurred: (1) the recipient has made false certification, or (2)
violates the certification by failing to carry out the requirements as noted above.
DISPUTES
In the event of a dispute or grievance between recipient and the Commission, the
following two-step procedure shall be followed by both parties:
a. Comnrl~sion Dispute Resolution
The recipient shall first discuss Jhe problem informally with the Commission
Project Manager. If the problem cannot be resolved at this stage, the
recipient must direct the grievance together with any evidence, in writing, to
the Commission Grants and Loans Office. The grievance must state the issues
in the dispute, the legal authority or other basis for the recipient's position,
and the remedy sought. The Commission Grants and Loans Office and the
program Office Manager must make a determination on the problem within
ten (10) working days after receipt of the written communication from the
recipient. The Grants and Loans Office shall respond in writing to the
recipient, indicating a decision supported by reasons. Should the recipient
disagree with the Grants and Loans Office decision, recipient may appeal to
the second leveL
FEBRUARY 1994
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GRANT # 626 - 93 - 002
DISPUTES (CONTINUEQ)
The recipient must prepare a letter indicating why the Grants and Loans
Office decision is unacceptable, attaching to it the recipient's original
statement of the dispute with supporting documents, along with a copy of the
Grants and Loans Office response. This letter shall be sent to the Executive
Director at the Commission within ten (10) working days from receipt of the
Grants and Loans Office decision. The Executive Director or designee shall
meet with the recipient to review the issues raised. A written decision signed
by the Executive Director or designee shall be returned to the recipient within
twenty (20) working days of receipt of the recipient's letter. The Executive
Director may exercise the option of presenting the decision to the Commission
at a business meeting. Should the recipient disagree with the Executive
Director's decision, the recipient may appeal to the Commission at a regularly
scheduled business meeting. Recipient will be provided with the current
procedures for placing the appeal on a Commission business meeting agenda.
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b. Binding Arbitration
At the option of the parties, binding arbitration of a dispute or grievance may
be sought. Each party shall provide written notice to the other of an intention
to exercise this provision. Both parties must agree to submit to arbitration.
The dispute or grievance shall be resolved by a panel of three (3) experts in
the particular field of dispute. Each party shall have the right to select one """,,,
(1) panelist. If a party does not exercise that right within ten (10) working
days after written agreement to submit to arbitration, the other party may
select one (1) additional panelist. The selected panel will then select a third
member.
The panel shall set a hearing date, time, and place convenient to the parties
within thirty (30) working days of panel selection. Each party shall submit a
written statement to the panel and the opposing party which presents the
issues and arguments to be presented five (5) working days before the hearing
date. The hearing shall be informal with an opportunity for both parties to
present their arguments. A court reporter may be present at the expense of
the requesting party. The panel shall provide the parties with a written
decision within thirty (30) working days of the hearing. This decision shall be
binding on the parties.
The costs of the arbitration panel shall be borne equa11y by the parties. At
the option of the parties, these costs may be deducted from any balance of
FEBRUARY 1994
14
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GRANT # 626 - 93 - 002
DISPIITES (CONTINUED)
contingent award funds. Both parties must agree, in writing, to utilize
contingent award funds to reimburse the arbitration panel.
24. WORKERS' COMPENSATION INSURANCE
25.
Recipient hereby warrants that it carries Worker's Compensation Insurance for all
of its employees who will be engaged in the performance of this agreement, and
agrees to furnish to the Commission satisfactory evidence of this insurance at any
time the Commission may request. Recipient hereby warrants it is either permissively
self.insured or that it has coverage for the purposes of Worker's Compensation
Insurance for all of its employees, and those of its subsidiaries, who shall be engaged
in the performance of this agreement and agrees to furnish to the Commission
satisfactory evidence of this insurance at any time the Comm;~$ion may request.
STATEMENT OF ECONOMIC INTERESTS
Recipient shall submit to the state a completed Fair Political Practices Commission
Form 730, "Statement of Economic Interests" for each consultant directed by the
Commission to file a statement.
26.
POLmCAL ACJ'IVlTY LIMITATIONS (}lATCH AC'(J
a. Except for an officer or employee of an educational institution or system, as
defined in 5 U.S.c. Section 1501 (4) (B), an employee or officer of a state or
local governmental agency or subdivision, as defined in 5 U.S.c. Section 1501,
which receives loans or grants funded by the United States or a federal
agency, or which receives United States or federal agency funds as payment
under a contract, may not:
(1) Use or attempt to use his or her official authority or position to
interfere with or affect the result of an election or nomination for
office;
FEBRUARY 1994
15
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GRANT # 626 - 93 - 002
POLmCAL AcrIVITY LIMITATIONS (flATCH AC'Q (CONTINUED)
(2) Cause or attempt to cause a state or local employee or officer to
provide or contnbute anything of value to any person or organization
for policitcal purposes; or
(3) Be a candidate for elective office except in a non-partisan. election as
defined in 5 U.S.c. Section 1503.
-.,
b. Subsection (a)(3) of this section does not apply to:
(1) The Governor or lieutenant Governor of a State or a person
authorized by law to act as Governor;
(2) A duly elected head of an executive department of a state or
municipality who is not classified under a state or municipal merit or
civil-service system; or
(3) An individual holding elective office.
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FEBRUARY 1994
16
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Wark Statement
Grantee: City of Chula Vista (Aluminum/Air Battery Project)
This project shall be conducted in accordance with the Grantee's Stripper Well grant application
as approved by the Department of Energy and this grant agreement. The Grantee's Stripper Well
application (Plan No. 21) attached is incorporated as part of this agreement. If a conflict or
inconsistency exists between the terms of this grant agreement (and its incorporated documents)
and the Grantee's application. the grant agreement shall be considered controlling.
Specific wks. products and due dates are as follows:
TASK 1:
Establish a separate ledger account for the receipt and disbursement of
Commission funds and provide wrinen documentation to that effect. Work can
not begin until the written documentation specified above is submitted to the
Commission.
Product Description:
Product Due Date:
Ledger Account Documentation
May 31. 1994
TASK 2:. Submit written justification to the Commission Project Manager for the selection
of SAIC as contractor to develop the aluminum air banery as presented in the
proposal. The justification should explain:
. the selection process
. the selection criteria
. reason why the particular vendor was selected
Product Description: Contractor Selection Justification
Product Due Date: June 30.1994
TASK 3:
Negotiate and sign with Science Applications International Corporation (SAlC),
the contractor of record with the City of Chula Vista for the Aluminum/Air
Banery project. the contract awarding funds and submit executed copy to the
Commission Project. Manager.
Product Description: Copy of Executed contract with the contraCtor
Product Due Date: June 30,1994
TASK 4:
Submit a copy of the City of Chula Vista's plan to implement fleet conversion and
other alternative fuel strategies using the aluminum air banery.
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Product Description: City of Chula Vista Plan to implement
alternative fuel strategies and fleet conversion using
aluminum air battery.-";
Product Due Date: July 30.1994
TASK 5: Have contractor demonstrate an advanced single cell aluminum air battery and
conduct cell experiments as defined below. and according to engineering and
scientific standards. Details of the tasks to be performed are incorporated by .
reference to the contractor's statement of work submitted by fax on April 28. 1994.
Make available to the Commission Project .Manager. written results of the battery
cell experiments and sketches of the preliminary design as developed by the
contractor.
5.1 Assemble cell. refueling mechanism and test-rig.
5.2 Assemble and program data acquisition and control system.
5.3 Test completed single-cell in laboratory.
TASK 6: Have contractor submit complete report presenting the results of Task 5. The
report shall include the contents listed in subtask 4 of the contractor's revised
statement of work submitted by fax on April 28. 1994.
Product Description: Report of Single-cell Aluminum/Air Battery
Design. Demonstration and Testing
Product Due Date: No later than October 31.1994
.......,
TASK 7:
Prepare and submit Quarterly Progress Reports
A. The grantee shall prepare quarterly progress reports to discuss all work performed under
Work Statement Tasks 1 through 9 and include but not be limited to the following:
1) A summary of the status of all progress during the preceding calendar quarter. This
summary shall discuss:
. the accomplishments. including the results or conclusions reached regarding the technical
and economic feasibility of. the project and its future impacts on advancing the use of
electric vehicles. and progress towards the overall project goal.
. the current status of each project activity including any schedule changes different from
the annual plan. problems. their causes. effect on the project and the proposed solutions.
and the likelihood of project implementation:
.
any unresolved issues or items that require action by the Commission. DOE and/or the
grantee; and
.......,
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the work planned for the next quarter.
Product Description: Quarterly Report
Product Due Dates: As specified in the Grant Terms and Conditions
TASK 8:
Prepare and submit Annual Energy Savings Report
8.1 The grantee shall prepare and submit AMual Energy Savings Reports for three 0(3) years
after completion of this project. The report will describe the energy aaved in BTU per
gallon-equivalent of diesel and gasoline displaced as a result of W()rk done on this project.
The report shall be due 30 days after each calendar year.
Product Description: AMual Energy Savings Report
Product Due Dates: One. year after single-cell aluminum/air battery
demonstrated - estimated to be June 30. 1995
Two years aftersingle-cell aluminum/air battery
demonstrated - estimated to be June 30,1996
Three years after single-cell aluminum/air battery
demonstrated - estimated to be June 30. 1997
TASK 9:
Prepare and submit final (administrative) report.
9.1 The grantee will submit a Final Report to the Commission Project Manager. The draft
report shall be made 60 days Prior to the completion of the project for review and
approval. Upon completion of review and approval by the Commission Project Manager.
the grantee shall submit a final report no later than 30 days after project completion. No
final payment will be made until the final report has been received and approved by the
Commission Project Manager. The final report shall incorporate the contents of the final
report submitted by the Grantee's contractor, and include the contents below:
1) A statement describing the project/program:
2) A brief summary of the objectives of the project/program and how these objectives were
accomplished:
3) Any findings. conclusions. or recommendations for follow-up or ongoing activities that
might result from successful completion of the project/program. Findings shall include
but are not limited to information gathered from the demonstration of the single-cell
aluminum/air battery. capacity to meet the overall project goal of propelling a Chevy S-10
pickup for at least 300 miles.
4) A statement of future intent to maintain or further develop the project/program;
5)
An itemized summary of final project/program costs; and
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6)
A consolidated list of contractors and subcontractors. Include the name, address, concise
statement of work done. period and value of each;
........
7) Certification that all work has been performed and completed in accordance with this
agreement.
Product/Deliverable Description:
Product Due Date.
Final (Administrative) Report
Draft due 60 days before the con~ end '
date
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-. Budget
mM COST CEC GRANT
COMPONENT
Contractual $43.000 $43.000
City of Chula Vista 5.000 5.000
Technical Advisory Team Participation *
Manage Contract with SAlC * 2.000 2.000
TOTAL $50.000 $50.000**
* (Combined personnel and travel expenditures for one Environmental Resource Manager and
other staff essential to project implementation not to exceed a labor rate of $26.oo/hr. in-state
or project-related travel to U.S. destinations at standard travel rates allowed in the Project
Management Manual and project-related meeting and workshop participation fees. approved
. by the Commission Project Manager.)
**The full cost of p!1ase one of the development and demonstration project is $272. 375. The
remainder of the price including personnel and other operations costs will be funded by other
sources: (local and private).
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STATE
OF
CALIFORNIA
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STRIPPER WELL
EXPENDITURE
PLAN NO. 21
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TIIE CITY OF CHUIA VISTA
ALUMINUM AIR BATTERY/FUEL CELL TECHNOLOGY
DEVELOPMENT PROJECf
JANUARY 1994
l
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PETE WILSON, GOVERNOR
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STATE OF CALIFORNIA
STRIPPER WELL EXPENDITURE PLAN NO. 21
THE CITY OF CHULA VISTA
ALUMINUM AIR BATTERY/FUEL CELL TECHNOLOGY DEVELOPMENT PROJECT
A. pROGRAM OVERVIEW
The City of Chula Vista, in collaboration with a team led by Science
Applications International Corporation (SAIC), proposes to use $50,000 in
Stripper Well funds to implement the Aluminum Air Battery/Fuel Cell Technology
Development Project. The goal of this project is to save energy by displacing
petroleum based fuel through the development and demonstration of an advanced
energy efficient aluminum air .battery/fuel cell powered pickup trcck that can
be refueled in 30 mi nutes and has a range of 300 mil es. A 1 umi num air
batteries/fuel cells are refueled by feeding aluminum in pellet, ribbon, or
plate form into the cell which contains potassium hydroxide. The resulting
chemical reaction produces energy, thus powering the electric vehicle's
drivetrain. The short charge time and extended vehicle range are dramatic
improvements over traditional electric vehicle technology.
This goal will be attained through the' successful execution of three year-long
phases as described below:
1. First year activities will be (1) to demonstrate an existing aluminum air
battery/fuel cell powered van, (2) to formulate the fuel cell electrolyte
to enable use of inexpensive aluminum fuel, (3) to demonstrate an advanced
single cell based on this technology, and (4) to complete preliminary
design of the aluminum air battery/fuel cell power system, to be installed
in the pickup truck.
2. Second year activities will be (1) to refine the aluminum air battery/fuel
cell through full scale design and subsystem testing, (2) battery/fuel
cell construction, testing, and refinement, and (3) truck conversion.
3. Third year activities include (1) infrastructure installation and (2)
truck performance demonstration and marketing.
The successful demonstration of this aluminum air battery/fuel cell. pickup truck
will advance the displacement of petroleum as a transportation fuel in
California by increasing.demand for electric vehicles.
B. ENERGY SAVINGS
The initial market for the aluminum air battery/fuel cell powered pickup truck
is California fleet users. The annual energy savings expected for a typical
fleet vehicle which consumes 750 gallons of gasoline is estimated at 65 million
Btu. The City of Chula Vista projects 10,000 annual aluminum air battery/fuel
cell power vehicle sales in the near future, producing annual energy savings of
23 53
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650 billion Btu. In addition to the projected energy savings, the aluminum air
battery/fuel cell powered pickup truck will improve local area air quality
because it is a zero emission vehicle for criteria pollutants. ~
C. PROGRAM FUNDS AND MILESTONES
The program budget is S298,250; S50,OOO in Stripper Well funds and S248,250 in
leveraged funds and in-kind services.
Project milestones are as follows:
1. Execute grant between the California Energy Commission and the City of
Chula Vista (February 1994).
2. The City of Chula Vista will execute contract with SAIC (Harch 1994).
3. Complete written plan to implement fleet conversion (June 1994).
4. Complete first phase of project (June 1994).
5. Complete second phase of project (June 1995).
6. Complete third phase of project (June 1996).
D. RESTITUTION/TARGETED POPULATION
California has received in excess of S375 million in PVE funds. These funds ~
allow California to finance a variety of programs which provide restitution and
energy conservation benefits to its citizens. California has developed a well
balanced and multi-faceted PVE program which benefits each of its economic
sectors. Expenditure of Stripper Well funds for the City of Chula Vista
Aluminum Air Battery/Fuel Cell Technology Development Project will not only
benefit those citizens of the City of Chula Vista, but also the citizens of
other municipalities which can benefit from Cnula Vista's experience. This
project will reduce the cost of owning and operating an electric vehicle by
increasing fleet buyer options when the vehicle becomes available in 1996.
E. PROGRAM AUTHORIZATION
This project was approved by the Legislature and Governor of the State of
Cal Hornia in Senate Bill 314, Chapter 1159, Statutes of 1993, and is in
compliance with the Stripper Well Settlement Agreement, Case M.D.L. No. 378,
Section II.B.3.f.
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F. COGNIZANT AGENCY/CONTACT PERSON
The cognizant agency for this p~ogram is the California Energy Commission. The
administrative contact is Susan Aronhalt, Administrative Services Division,
(916) 654-4204. The technical contact is McKinley Addy, Energy Technology
Development Division, (916) 657-0833.
G. CERTIFICATION
In preparing the State of California's Stripper Well Expenditure Plan No. 21,
the state has complied with all the terms and condi.tions set forth in the
Stripper Well Settlement Agreement, Case M.D.L. No. 378.
D"" ~h
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RESOLUTION NO: 94-0105-01
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STATE OF CALIFORNIA
STATE ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
RESOLUTION
WHEREAS. SB 314 (Ch. 1159, S::;ts. 1993) included appropriations irom the
Petroieum Violatation Escrow Account to the California Energy Commission for twenty-two
(22) legislatively mandated projects (described on the attached list); and
WHEREAS. the Commission intends that these le!!islativeiv mandated !!rants ior the
- . -
fiscal year are approved and executed on a timely basis;
"""""
THEREFORE BE IT RESOLVED, that the grants identiried on the attached list be
subject to the following. procedures:
I. The Executive Director shall conduct a technical and economic analysis for each grant
to ensure that the grant is a reasonably appropriate use oi public runds relative to
Commission experience with comparable projects' and shall advise the appropriate policy
comminee(s) oi the conclusions oi this review prior to execution oi the grant: and
, Ii this review identities advisable improvements to the grant. the Executive Direc:or
shall advise the appropriate policy committee(s), and the committee(s) will decide whether to
approve the grant. If the policy committee decides not to approve the grant. the Executive
Director. shall communicate this conclusion to the grantee and the sponsoring member. The
policy committee may bring the grant beiore the full commission ior approval.
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. ~ _ 3. On completion of this process, the Executive Director shall execute each grant
.:. approved pursuant to this resolution.
. 4. The Executive Director shall ensure that any.subslaiiiive revisions to a grant are
- 7 approved by the Budget and Management Committee.:. ~
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5. Any amendment, including time-extensions and modifications in the grant terms and
conditions, shall be reviewed and approved by the commission project manager, provided
that the amendment does not constitute a substantive change in the grant.
DATED:
Januarv 5. 1994
CHARLES R. IMBRECHT
Chairman
ENERGY RESOURCES
CONSERVATION AND
DEVELOPMENT COMMISSION
Attachments
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RESOLUTION NO. 17438
JI:.p..
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE CITY MANAGER TO PREPARE Il-LL
NECESSARY DOCUMENTS FOR COUNCIL APPROVAL OF A
GRANT AGREEMENT WITH THE CALIFORNIA ENERGY
COMMISSION TO IMPLEMENT AN ALTERNATIVE FUEL
RETROFIT PROGRAM FOR $SS.OOO AND AN ALUMINUM AIR
BATTERY RESEARCH AND DEVELOPMENT PROJECT fOR
.SO,OOO
,.........
WHEREAS, as part of the.City's overall effort toward development of a comprehensive
energy conservation and air quality improvement program. and consistent with the City's
Environmental Agenda. the City applied for grant funding from the State of California's Energy
Conservation Program: and,
WHEREAS. as a result. the City received a total of $1 OS.OOO to implementtwo energy
conservation and transportation reduction program; and.
WHEREAS, in order to proceed with a contract. the California Energy Commission
requires a resolution which authorizes staff to proceed with contract negotiations. in
accordance with the Energy Commission's grant application guidelines.
NOW. THEREFORE. BE IT RESOLVED the City Council of the City of Chula Vista doe~
hereby authorize the City Manager to prepare all necessary documents for subsequent Count
approval and Mayoral execution of a grant agreement with the California Energy Commission
to implement an alternative fuel retrofit program for $SS,OOO and an Aluminum Air battery
research and development project for $SO.OOO.
~~~
Barbara Bamberger
Environmental Resource Manager
Bruce M. Booga r
City Attorney
Presented by
""'"
32 ~~
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. -
.
)
PASSED, APPFlOVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 5th day of April. 1994, by the following vote:
- .&?.
YES: Councilmambers: Fox. Horton, Moore, Rindone. Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
"M~
Tim Nader. Mayor
ATTEST:
~L'Jt () a~ Il ~
Beverly A/. Authelet, City Clerk
.
STATE OF CALIFOFlNIA I
COUNTY OF SAN DIEGO I ss,
CITY OF CHULA VISTA I
t, Beverly A. Authelet, City Clerk of the City of Chula Vista. California, do hereby certify that
the foregoing Resolution No. 17438 was duly passed. .approved. and adopted by the City
Council at a regular meeting of the Chura Vistl City Council held on the 5th day of April,
1994.
Executed this 5th dlY of April. 1994.
Beverly A. Authelet. City Clerk
.
~J
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,
-I
Special Conditions
1.
Contractor demonstrating aluminum/air battery van, conducting battery cell
experiments as well as preparing preliminary design for the aluminum/air battery is to
provide to the Commission Project Manager a plan for carrying out these project
activities,
"'"'"
2. Contractor shall submit a detailed cost analysis of the aluminum air battery to
determine its gasoline and diesel fuel equivalent prices per kilogram and per'liter of
aluminum fuel. The analysis should include the cost of recycling the aluminum.
3. Contractor shall submit a detailed marketing plan to support ita projected battery sales
in the proposal on which the City of Chula Vista's funding request is based.
Contractor shall meet these special conditions no later than March 31. 1995,
""""
........
34~(
1'~~
RESOLUTION NO. / ?5~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $50,000 IN GRANT FUNDS
FROM THE CALIFORNIA ENERGY COMMISSION (CEC),
EXECUTING CEC CONTRACT FOR $50,000 IN GRANT
FUNDING, AUTHORIZING THE CITY MANAGER TO
EXECUTE CEC CONTRACT FOR $50,000 IN GRANT
FUNDING AND APPROPRIATING FUNDS THEREFOR
WHEREAS, in November of 1993, the City Council approved
acceptance of grant funding from state Petroleum Violation Escrow
accounts, which was specifically legislated for the sole purpose of
sponoring an experimental aluminum air battery (fuel cell)
research/development project.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept $50,000 in grant funds from
the California Energy Commission and approves a $50,000 contract in
grant funding from the California Energy Commission to fund an
Aluminum Air Advanced Battery Research/Development Project and
Development of Greenfleet Project Team, a copy of which is on file
in the office of the City Clerk as Document No. (to be
completed by the city Clerk in the final document.)
BE IT FURTHER RESOLVED that the City Manager of the city
of Chula vista is hereby authorized and directed to execute said
agreement for and on behalf of the city of Chula vista.
BE IT FURTHER RESOLVED that the City Council does hereby
appropriate $50,000 to the Energy Conservation Fund Account 280-
2811 in accordance with Table 1 of the Council Agenda st ement.
C:\rs\battery.cec
Bruce M.
Attorney
Presented by
Barbara Bamberger, Environmental
Resource Manager
7/9 -/
~o
RESOLUTION NO. /7.5j~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT FOR $42,953 WITH SCIENCE
APPLICATIONS INTERNATIONAL CORPORATION (SAIC)
TO DEVELOP AN ADVANCED ALUMINUM AIR BATTERY
FOR ELECTRIC VEHICLES PURSUANT TO THE CEC
GRANT
WHEREAS, in November of 1993, the city Council approved
acceptance of grant funding from state Petroleum Violation Escrow
accounts, which was specifically legislated for the sole purpose of
sponsoring an experimental aluminum air battery (fuel cell)
research/development project; and
WHEREAS, in this capacity, staff has been working with
scientists from Science Applications International Corporation
(SAIC), the proponents of the research project; and
WHEREAS, SAIC is a national
the research and development of
components.
corporation specializing in
alternative fuel vehicle
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve a contract with Science
Applications International Corporation (SAIC) to develop an
advanced aluminum air battery for electric vehicles, a copy of
which is on file in the office of the city Clerk as Document No.
(to be completed by the city Clerk in the final
document) .
BE IT FURTHER RESOLVED that the city Manager of the City
of Chula vista is hereby authorized and directed to execute said
contract for and on behalf of the City.
Barbara Bamberger, Environmental
Resource Manager
Boo
"I
Presented by
C:\rs\SAIC
?{I'/
RESOLUTION NO. J?.>)?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 93-94 BUDGET FOR A
.16 PART-TIME TEMPORARY INTERN II PURSUANT TO
THE CEC GRANT
WHEREAS, in addition to appropriating $42,953 in grant
funds to SAIC, the city will receive an additional 45,047 for
development of its Greenfleets Project Team, and $2,000 for staff
cost recovery relating to management of the contract between the
State, the City and SAIC; and
WHEREAS, staff is recommending approval of a part time
intern II position at 24 hours a week for a maximum internship of
9 months to assist in developing the Greenfleets initiative.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby amend the FY 93-94 budget for a .16
part-time temporary intern II pursuant to the CEC rant.
Presented by
OV1
to form
Barbara Bamberger, Environmental
Resource Manager
Bruce M.
Attorney
C:\rs\salc
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.
COtlRCIL AGENDA STATBKBIlT
Item
K"
.-6, .1.4/94 -<.:./zl/,,4
lIeeting Date
SUBMITTED BY:
Resolution 175,;;./ approving the First Amendment
to the Memorandum of Understanding by and between
the Cities of La Mesa, Chula vista, Poway, National
city and Imperial Beach for purposes of a
coordinated approach to regulating cable television
rates and appropriating funds~erefore.
Deputy City Manager .;pomson ~ I
City Manager 1(; -b- JI ("'5ths Vote: Yes-L No_)
ITBK TITLE:
REVIEWED BY:
.
On January 4, 1994, the City Council approved a Memorandum of
Understanding (MOU) with the cities of La Mesa, Poway, National
City and Imperial Beach for a coordinated approach to regulating
Cox Cable's rates for the Basic Service Tier. After going through
a Request for Proposal process, the cities jointly selected Public
Knowledge, Inc. to conduct the initial rate review analysis for
each of the five cities. On May 3, 1994 the City Council
considered the Public Knowledge, Inc. report on Cox Cable's rates
in Chula Vista, and continued the public hearing until June 21,
1994, at Cox Cable's request.
The above rate review process pertains to Cox Cable's rates from
September 1, 1993 (when the initial Federal Communications
Commission regulations became effective) until May 15, 1994. On
March 30, 1994, the FCC issued new cable television rate
regulations that became effective on May 15 and July 15, 1994.
These new FCC regulations are significantly different than the
previous regulations and are intended to further reduce cable
television rates for regulated services. Cox Cable will be
required to submit a new set of FCC forms and worksheets to the
cities for their analysis as the next phase of the rate regulation
process, and the resulting rates will become the base line for
future adjustments to the rates for regulated cable television
service.
.
The five cities that have jointly hired Public Knowledge, Inc. to
review the previous FCC worksheets submitted to the cities by Cox
Cable have concluded, at the staff level, that the most cost
effective approach would be to amend the MOU approved in January to
provide for additional consulting services to review the new FCC
forms that Cox Cable will be submitting to the cities.
RECOMMENDATION: That Council adopt the resolution approving the
First Amendment to the MOU among the five cities and appropriating
$9,000 from the unappropriated balance of the General Fund, of
i ~ CI'th?
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~
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Meeting Date
which $6,000 will be reimbursed from the other four
BOARD/COMMJ:SSJ:ON RECOMMENDATJ:ON: Not applicable.
DJ:SCUSSJ:ON:
As indicated in the attached January 4, 1994 ouncil Agenda
statement, staff from the five cities jointly co ucted a Request
for Proposal process to obtai~ consulting assist ce and expertise
regarding cable television rate analysis. A ter reviewing the
seven res onses received from the RFP, a co ttee of staff from
the five c ies interviewed three firms afte which the committee
unanimously ecommended Public Knowledge, nc., to provide the
initial cons ting services to review Cable's initial rate
submittals.
In order to admi ister the contract wi h Public Knowledge, Inc.,
the cities entere into the MOU to ovide a framework for the
relationship among he cities and d signated Chula vista as the
administering agency for the contr ct. As administrator, Chula
Vista staff negotiate the contra with Public Knowledge, Inc., ~
submitted it to the otn r cities or approval at the staff level,
and monitored and made pa ents t the consultant. The cost of the
original consultant cont ct s for an amount not to exceed
$6,200. The actual amount a ged was $5,879.15, which was split
equally among the five citie resulting in each city's share of
the cost being $1,175.83 for t e initial contract.
Under the First Amendment 0 the MOU, the proposed new contract
with Public Knowledge, In . to rev'ew the new FCC forms is for a
not to exceed amount of 7,500, so ach city's share would be a
maximum of $1,500. As was the case or the previous contract,
Chula vista will make H yments to the co sultant and be reimbursed
by each city for its hare of the cost. The consultant contract
itself, taking into ccount both the ori "nal contract and the
proposed new contrac , is within the contract uthority of the city
Manager (up to $25, 00), if the appropriatio is approved by the
City Council.
Although the proposed new consultant contract is r a maximum of
$7,500, staff is recommending that $9,000 be appr riated. The
contract does not include the consultant attendin any of the
public hearings conducted by any of the five cities, so staff is
recommending that an additional $1,500 be appropriated to provide
the ability to have the consultant attend Chula Vista City Council
meetings or public hearings if that is necessary or important. _
since there have been a number of issues to date where the "'
8'--..2..
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.
.
.
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~
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F,/' tn4 <./,dctt..{
consultant and Cox Cable have disagreed about Cox Cable's rates,
staff believes that the City should have this ability to have the
consultant attend selected Council meetings to provide testimony
and respond to questions from the city council.
FISCAL XMPACT: It is recommended that $9,0~0 be appropriated
from the unappropriated balance of the general fund, of which
$6,000 will be reimbursed from the other four cities. The maximum
net cost to the city is thus $3,000.
~.3
.
.
.
RESOLUTION NO. 17 ~ J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO
THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN
THE CITIES OF LA MESA, CHULA VISTA, POWAY,
NATIONAL CITY AND IMPERIAL BEACH FOR PURPOSES
OF A COORDINATED APPROACH TO REGULATING CABLE
TELEVISION RATES AND APPROPRIATING FUNDS
THEREFOR
WHEREAS, on January 4, 1994, the city Council approved a
Memorandum of Understanding (MOU) with the cities of La Mesa,
Poway, National City and Imperial Beach for a coordinated approach
to regulating Cox Cable's rates for the Basic Service tier; and
WHEREAS, after going through a request for proposal
process, the cities jointly selected Public Knowledge, Inc. to
conduct the initial rate review analysis for each of the five
cities; and
WHEREAS, on May 3, 1994, the City Council considered the
Public Knowledge, Inc. report on Cox Cable's rates in Chula Vista,
and continued the public hearing until June 21, 1994 at Cox Cable's
request; and
WHEREAS, the above rate review process pertains to Cox
Cable's rates from September 1, 1993 (when the initial Federal
Communications commission regulations became effective) until May
15, 1994; and
WHEREAS, these new FCC regulations are significantly
different than the previous regulations and are intended to further
reduce cable television rates for regulated services; and
WHEREAS, Cox Cable will be required to submit a new set
of FCC forms and worksheets to the cities for their analysis as the
next phase of the rate regulation process, and the resulting rates
will become the base line for future adjustments to the rates for
regulated cable televisions service; and
WHEREAS, the .five cities that have jointly hired Public
Knowledge, Inc. to review the previous FCC worksheets submitted to
the cities by Cox Cable have concluded, at the staff level, that it
would be cost effective to amend the MOU approved in January to
provide for additional consulting services to review the new FCC
forms that Cox Cable will be SUbmitting to the cites.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council
of the city of Chula vista does hereby approve the First Amendment
1
8'" .r
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V
"
.1,
~~
to the Memorandum of Understanding by and between the Cities of La
Mesa, Chula Vista, Poway, National City and Imperial Beach for ......",
purposes of a coordinated approach to regulating cable television '
rates, a copy of which is on file in the office of the City Clerk
as Document No. (to be completed by the City Clerk in the
final document).
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Amendment for and on behalf of the city of Chula vista.
BE IT FURTHER RESOLVED that the amount of $9,000 is
hereby appropriated from the unappropriated balance of the General
Fund into Account 100-0210-5202, of which $6,000 Jo'ill be reimbursed
from the other four cities.
Presented by
James R. Thomson, Deputy
City Manager
C:\r8\Cable1..ou
2
8'''''
Appro ed as{ to f
/ Lv-LA Ik .
. ~~ce M. Boog~rd,
Attorney (
.-.-/
by f'j
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'""'"'
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.
.
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mY OF
QUA VISTA
MEMORANDUM
ITEM #8
June 14, 1994
TO
The Honorable Mayor and City Council
John D. Goss, City Manag4 /.':"
Jim Thomson, Deputy City {{anager II
New Rates Announced by Cox Cable
VIA
FROM
SUBJECT
On Monday, June 13, 1994, staff received the attached formal notification from Cox Cable
regarding the rates that Cox Cable will be charging starting in July of 1994. In addition to
the rate schedules that Cox Cable provided to staff for Chula Vista, staff has obtained and
attached similar rate schedules for the other cities, as well as the county, with which Cox
Cable has franchises in the San Diego region.
The rates Cox Cable is announcing for Chula Vista are those that would be reviewed by the
consultant under the agreement that is included as Item #8 on the City Council's agenda at its
June 14 meeting.
Attachments
B,I(n)IRATES.COX
/
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--.. I - ,..0;:,
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,
.,69 F_,o' Boulovord
Ban Diogo, CA 82' 05'~8S
ToL(SI8) 283.8251
,
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Cox Coble
Son Oiego.lnc.
110M" MoR.""
Sr. Vice Pre.idenVGeneral Manager
June 10, 1994
Mr. Jim Thompson
Deputy City Manager
City ofChuIa Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mr. Thompson:
Pursuant to Section 76.964 of the FCC Rules, Cox is hereby notifying you that its rates for Basic,
CPS and equipment will be modified effective July 14, 1994. A copy of the notices that will be
'Sent to all customers is attached. The rate will be reflected in bills received in July 1994 and will
result in an overall reduction of 6.7% for Basic and CPS combined, as specified in the attached
schedule. However, adjustments allowed for inflation, new channel additions, programming
. costs and equipment may offset this reduction.
We have made every effort to insure that the new rates and schedules comply with both the
wording and spirit of the Cable Act. Should you have any questions about this information, call
me at 266-5353.
RMc/ks
cc: Sandra Murphy
.
..
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. "
'.
.
.
New Rate Schedule
2212b
National City, Imperial Beach,
Chula Vista, Santee
Monthly Service OLD RATE NEW RATE
. Basic $7.91 $7.47
. CPS (Cable Programming $14.51 $13.84
Services)"
. Basic + CPS $22.42 $21.31
- Savings $ -- [$1.11]
- Savings % -- [5.0% ]
. Remote Control $.27 $.45
. Converter Rental $1.05 $1.61
. Addressable $1.88 $2.80
Decoder Rental
" only available with Basic Service
/
6-'1'
."
'.
.
.
New Rate Schedule
2217b
National City, Chula Vista
(Multiple Dwelling Units)
Monthly Service OLD RATE NEW RATE
· Basic $7.91 - $7.47
· CPS (Cable Programming $10.04 $10.48
Services)-
· Basic + CPS $17.95 $17.95
. Cost Change -- ..()..
· Remote Control $.27 $.45
.
· Converter Rental $1.05 $1.61
· Addressable $1.88 $2.80
Decoder Rental
. only available with Basic Service
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ne IoIIowlfta chulMlliMup dIana- wW IAka pIaCII over the IIiict 30 clays:
. IX, 1M MW JIDa N~k c\wIMI, II _ .nlIabI.CIft chIMe161.
. MiDlt.... Ifl".., u..I....., IMSM wlll_ fru\ chIllMl" to...... 69
011 Jtdy 1. 111M. I '
" GIMS w111_t Ircm c\wIMI tlflO dlaMelM 011 July 5. 1~,
,ChaNllU IIIded 11/ICI1iIp__l, 1m Indude CoIUtTV. W!lU.
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:ox Cablt _ bit CMnp LetI8r - UN " 11" - Il1C1lor 12-sId. .. tl>>11h
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2216b
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Areas 01 the City Ie Cowdy of San Diego
Upp-aded from a 36 to 70 Channel Capacity"-
Monthly Servlre OLD RATE NEW 'RAn .
. .. . .
· Basic 512.85 ssm ..
.. ... .....-
. CPS (Cable Programming $9.28 n $17.14
Services).
. Basic + CPS 522.13 525.16
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. Addressable S1.88 $2.l:lU
Decoder Rental .. .
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.
.. mly evallable with Ba5k: Sl:rW:cl
.
.. Clwmels added above Ch. 36 include ICBNT /EWTN, La Cadena Deportiva.
International Channel, BET, A&ti, Bravo, CNBC, The Weather Channel, TNN,
VH-l, Niclce1odeon/Nick-At-Nite, Comedy Central, F.!, Cartoon Network..
Faith &: Values, C-SPAN fi, Prewe Network. Sci-Fi Channel, Sneak Prevue.
Continuous Hits, Hot Choice, Showtime2, HB02, Cinemax2, CMT. Encore,
Court TV. Mind F.lCteJ1sion Universlty, MTV Latino and CEMS.
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i,'~.l ;,;10
.
tocl 010
New Rate Schedule .
2214~
Oty Ie CountY of San Diego
.- CNDl\-upgraded Areas) ..
Monthly S...-vIC'C! OLD RATE - NEWRATE '
.
. Basic -- $12.85 .- $12.17 ....
,
....
· CPS (Cable Programming -- $9.28 .- .. ..- $8.72 ....-.
Services)"
. Basic + CPS $22.13 . . .~ ,- $20.89 " ..
.... .
- Savings $ -- [$t.24)
- Savings % -- (5.6% )
. Remote Control $.27 $.'15
l.t...~..::. t....;} . ~.... 'c;; Co ~ ~ s .~ E;;- .
".... --- ...... ..
. Converter Rental $1.05 $1.61
. ..,
. Addressable S1.88 $2.80
Decoder Rental
:"-1'.;.0';' ~
.. Gftly.IIlII\abIe with Ilatie ServIce
00:310 IINS ..Il '.00
.-
/
~S151 Cl-90-~&Sl
~'-13
2212.
,',
CAX
~~Inc.
5159 Federal Boulevard
San Diego. CA 92105-5486
Tel. (619) 262,1122
'.
Dear Customer:
The Federal Communications Commission (FCC) recently ordered all cable
companies to review their rate schedules in accordance with the 1992 Cable Act.
This is the second phase of rate regulation ordered by the Commission, The first was
in September 1993 and resulted in 82% of Cox Cable customers receiving a rate
decrease while 18% saw a rate increase.
The new rate chan~es are effective with bills received in July 1994 and result in a
reduction of 6.7% on Basic + Cable Pro~rammin& Services, However, adjustments
allowed for inflation, new channel additions, programming costs ,and equipment
may offset this reduction. After these factors are taken into consideration, more than
half of Cox Cable customers will see a modest rate decrease and fewer than half will receive a
slight rate increase. Your new and existing rates are listed on the reverse side of this notice.
. In addition, as the result of the new FCC rules, there may be another rate
adjustment this September. At this moment we do not know what impact these
adjustments might have on bills as the FCC has not yet completed its final
rulemakings,
Should you wish to voice your opinion against the new rates for Cable
Programming Services, you have the right to file a complaint with the FCC within 45
days of receiving your first bill reflecting these changes. The FCC's Cable Services
Bureau may be reached at 1919 "M" Street, N.W" Washington, D.C. 20554, (202) 416-0856.
We have made every effo~ to insure that the new rates and schedules comply
with both the wording and the spirit of the new Cable Act. Should you have any
questions about this information, please call us at 262-1122,
Sincerely,
. @iL
Robert McRann
General Manager
./
8- ~ 1,/
2212c
SPECIAL NOTICES
Cox Cable is required by a variety of local, state and federal laws and regulations to provide you with the following
information once a year.
.
. .OW CABLE WORKS
The process begins at a central receiving station in EI Cajon where Cox collects signals from a variety of sources.
These include signals from as far away as a satellite orbiting 22.500 miles above the earth, or from as near as Cox Cable's
studios next door.
Cox uses the signals from these satellites to bring you services like HBO, ESPN and superstation TBS. Public access and
other local origination (L.O.) programming are produced at the studio. Cox also uses giant television antennas on Cowles
Mountain to pick up local network and independent stations, and a microwave relay system to bring in Los Angeles channels.
All of these signals are proci!ssed and prepared for delivery through cable lines which are laid underground or on
telephone poles. These cable lines eventually connect to your home and to the back of your television set.
.
INSTALLATION & MAINTENANCE
You own, and are responsible for maintaining, the cable wiring within your home. (Cable wiring is defined as the internal
wiring located within a customer's premises or dwelling unit.) In addition. you may install and maintain additional cable
outlets. Cox Cable may also install and lor maintain additional outletlsl, or you may hire another vendor to do so.
Cox will perform repair service at no charge if the problem is related to our equipment or to cable lines located outside your home.
However, you will be charged for repair visits when the problem is related to your own equipment or to conditions within your home.
Examples include education on how to use electronic equipment, problems caused by defective elcctronic equipment
which you purchased, improper alterations you may have made to the original cable installation, etc.
While most cable problems can be corrected over the telephone, a minimum fee of $31.50 will be assessed if an in-home
A;ervice appointment is required. Estimated fees will be quoted over the phone at the time an appointment is scheduled and
.will also be reviewed by the field service representative prior to proceeding with the actual corrcction.
CUSTOMER SERVICE
.
Cox Cable has established, as a minimum, customer service standards which alrfJldy meet or exceed standllrds established by the FCC:
1. Cox will maintain toll-free phone availability, 24-hours-a-day, seven days a week. During normal business hours,
trained representatives will be available to respond. Cox's automatic response unit (ARUl will respond at other
hours and has the capability of helping a customer complete many transactions.
2. Under normal operating conditions, telephone answer time by a Cox representative will not exceed 30 seconds
once a connection is made; transfers will take no more than 30 seconds; and a busy signal should be heard less than
3% of the time. These standards will be met at least 90% of the time, under normal conditions.
3. Cox will maintain six customer service centers which are open during normal business hours.
4. Under normal circumstances. standard cable installation will be performed within seven days. Cox will begin work
on outages promptly, but no later than 24 hours after learning of a problem, unless conditions are beyond its
control. For other problems, Cox will begin corrective actions by the next business day. Cox offers "appointment
windows" of two-hour time blocks for all repairs and installations. If the Cox representative is running late. he or
she will call to reschedule. However, Cox will not cancel an appointment later than the clo,", of business on the
business day prior to the scheduled appointment. These standards will be met at least 95% of the time.
5. Once a year, all customers will receive specific information relative to their use and enjoyment of cable service. This
will cover, among other things, channellincup information, company service and pricing policies, information
about billing and complaint resolution issues, and addresses and phone numbers of regulatory agencies. Normally
30 days notice will be given for changes in channel position, pricing or other significant changes in areas described
in this paragraph.
6. Bills will be clear and itemized to show the basic services and other services being received and will delineate all
activitv for the billing period. Cox will respond to a billing complaint within 30 days or sooner.
, /
(continued on ret'Cl'Se)
~
9 ~ /.j
2212d
BILLING PROCESS
The first bill you will receive when you initiate service with Cox Cable extends from the first day of cable service until
the beginning of your billing cycle, and then one month forward. (Cox bills one month in advance.) It also includes any
, .ne-timc charges such as installation and security deposits, as well as payments made at the time of installation.
. Billing on your first bill, and beyond, itemizes charges for "Basic" cable service, "Cable Programming Services" (CPS),
premium scrvice(s), remote control(s), cable boxes, Total TV and any other services or equipment you may have. After the
first bill, your bill will always be equal to your monthly rate, unless you have made any changes to your service level or have ordered
IJny pay-per-view events.
, .
You lire encouraged to pay your bill on or before the scheduled due date. If you do not pay your bill on a timely basis, you
will receive a delinquent notice and will be subject to a $7.50 late fee and/or disconnection of service.
COMPLAINT PROCEDURES
Have a complaint about your cable service? Please call us at 262-1122. If for any reason you feel Cox Cable's
representativC5 are not adequately addressing your concerns, however, you may contact the local franchise authority for
your area listed below:
City of Chula Vista
City Manager's Office
276 Fourth Ave.
Chula Vista, CA 91910
691-5031
City of Lemon Grove
City Manager's Office
3232 Main 51.
Lemon Grove, CA 91945
464-6934
City of San Diego
City Administration Building
202 "C" St.
San Diego, CA 92101
570-1700
City of EI Cajon
City Manager's Office
200 East Main St.
EI Cajon, CA 92020
441-1716
City of National City
City Manager's Office
1243 National City Blvd.
National City, CA 91950
3364200
. City of Santee
City Manager's Office
10601 Magnolia Ave.
Santee, CA 92071
258-4100
.
City oflmperial Beach
City Manager's Office
825 Imperial Beach Blvd.
Imperial Beach, CA 91932
4~3oo,x7
City of Poway
City Manager's Office
P.O. Box 789
Poway, CA 92064
679-4347
County of San Diego
Cable 1V Review Commission
5555 Overland Ave., Bldg. 1
San Diego, CA 92123
694-2620
City of La Mesa
Dept. of Community Services
4975 Memorial Dr.
La Mesa,CA 91941
667-1300
.
8~/b
.
.
.
COUIICIL AGDDA 8TATBIlB1lT
?
1./ '1. \ 10.'4-
Item
Meeting Date n~/ll/34
Resolution ) 7~Ot Accepting bids and awarding
contract for purchase of desktop personal computers
8UBMITTBD BY: Interim Finance Admi~rato~
IlBVIBWBD BY: city Manager 1(; 1z 'JI, (4/5THS Vote: Yes_No_X..J
Bids were received and opened on May 6, 1994 by the Purchasing Agent
for the purchase of eleven desktop personal computers approved in the
Capi tal Improvement Program. budget for use in the Geographic
Information System (GIS).
XTBM TITLB:
IlBCOMMBHDATIOII: That Council accept the bids and award the
contract to Dell Marketing L.P.
BOARDS 6 COMMI8SIOII IlBCOIIMDDATIOII: Not applicable
DI8CU8SIOII:
Bid proposal forms were mailed to five prospective vendors with three
submitting-the following bids:
VENDOR
AMOUNT
INCL. TAXES
$44,383.11
Price Club
Chula Vista
Dell Marketing L.P.
Austin Texas
48,386.62
53,544.06
Comp USA
San Diego
The bid submitted by Price Club was on computers available through
their local store and was not in compliance with specifications and
therefore was rejected. The PC'. required by the G.I.S. operation
need larger monitors, greater hard drives, tape back up., Ethernet
adapter cards and two floppy drives that are not available through
the Price Club stores. All the optional equipment was not bid.
The bid of Dell Marketing L.P. _eets specifications and the Director
of Information systems recommends the purchase from this vendor.
I'I8eAL DlPACT:
Funds are provided for in the CIP budget. Seven computers are
budgeted in the GIS CIP budget, three for Engineering and four for
Planning. Four computers are budgeted in the Engineering Automation
CIP budget for use in Engineering.
9-1/9-2
SL.. ~/N/i1 ~
'~~~
~~
-
.
.
e
RESOLUTION NO.
I ?.5':2~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR PURCHASE OF DESKTOP PERSONAL
COMPUTERS
WHEREAS, bids were received and opened on May 6, 1994 by
the Purchasing Agent for the purchase of eleven desktop personal
computers approved in the Capital Improvement budget for use by the
Geographic Information Systems (GIS) Division; and
WHEREAS, the following three bids were received:
VENDOR AMOUNT INCLUDING TAXES
Price Club $44,383.11
Chula Vista
Dell Marketing L.P. $48,386.62
Austin, Texas
Comp USA $53,544.06
San Diego
WHEREAS, the bid submitted by Price Club was on computers
available through their local store and was not as specified in the
specifications in that the PC's required by the GIS Division need
larger monitors, greater hard drives, tape back ups, Ethernet
adapter cards and two floppy drives that are not available through
the Price Club stores; and
WHEREAS, the bid ~f .Dell Marketing L>P> meets
specifications and the Director of Information Systems recommends
the purchase from this vendor.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
section 1. That the Council does hereby reject the bid
of Price Club as non-responsive to the bid specifications for the
reasons set forth hereinabove, and on the basis of such evidence as
was presented at the meeting at which this item was considered.
section 2. That the City Council does hereby accept the
bid of Dell Marketing L.P. as responsive.
Section 3. The city Council awards the contract for
purchase of desktop personal computers to Dell Marketing L.P. in
1
9.:1
.)~
['\/
JA .
\.
-..
the amount of $48,386.62, the lowest responsible bidder which
submitted a responsive bid to the approved specifications. ~
section 4. The Purchasing Agent of the City of Chula
Vista is hereby authorized and directed to execute said contract
for and on behalf of the City of Chula Vista.
Presented by
Susan B. Merrill, Interim
Finance Director
Bruce M.
Attorney
C:\r8\pcbid
"'"""I
""""
2
" -.y
Page 1, Item
Date June 21.
/-()
1994
TITLE:
COUNCIL AGENDA STATEMENT
Resolution /?.5J'roving City acceptance of $50,000 federal
Intermodal Surface Transportation Efficiency Act (ISTEA) "pass
through" moneys from the State of California Department of
Transportation for the Chula Vista Telecenter and authorizing the Mayor
to execute contract with CalTrans, establishing the terms of such
Agreement in a form acceptable to and approved by the City Attorney
and the City Manager, and authorizing the Finance Director to
appropriate $50,000 to the appropriate accounts as needed.
SUBMITTED BY: Barbara Bamberger, Environmental Resource Manage~----'
REVIEWED BY: John D. Goss, City Managerf~~ (4/5th Vote: Yes.,L No~
The State of California Department of Transportation has agreed to provide funds not to
exceed, for Fiscal Year 93-94, $50,000 for the purpose of marketing, business plan
development and other activities directed toward the development of the Chula Vista
Telecenter. These funds are from federal Intermodal Surface Transportation Efficiency Act
(IS TEA) "pass through" moneys, of which the State wishes to have a regional traffic demand
management program including the development of new technologies such as the telecenter,
and the evaluation of telecenters and their potential to impact transportation mode shifts.
Because these funds are being "passed through" from CalTrans' budget from FY 93-94, the
contract must be approved by June 30th, 1994, the end of this fiscal year, or the funding
request process will start over again in FY 94-95 and the City risks losing the funds.
RECOMMENDATION: Approve resolution authorizing the Mayor to execute a contract
with CalTrans not to exceed $50,000 for the purpose of marketing and developing
partnerships for the Chula Vista Telecenter project and authorizing the Mayor to establish the
terms and enter into such agreement in a form acceptable to and approved by the City
Attorney and City Manager and authorize the Finance Director to appropriate $50,000 to the
appropriate accounts as needed.
DISCUSSION:
On June 15th, 1994 staff was notified by CalTrans staff that the City's request for an
additional $50,000 in funding to assist in marketing the telecenter had been approved. Due to
the contracting process used by CalTrans, staff was informed that the contract needed to be
signed and approved by June 30, 1994; and if the contract was not signed by June 30th, the
City must resubmit its request for funding, and go through the approval process again.
In order to secure $50,000 in grant funding, staff is recommending approval of a resolution
that will authorize the Mayor to execute a contract on behalf of the Council in a form
acceptable to the City Manager and City Attorney. The funds will be placed in a newly
established activity account within the Energy Conservation Fund, earmarked Telecenter II,
account 280-2806. Once the funds have been appropriated, staff will return with an
/1/ - I
~.
Page 2, Item
Date June 21.
It)
1994
information item to Council with an update on the status of the budget. These funds have
been earmarked by CaITrans for the purpose of developing and implementing a
comprehensive marketing and business plan, identifying the feasibility of specific partnerships
and securing those partnerships ("partnerships" are defined as using the telecenter for a dual
purpose that will assist in eliminating trips and making the telecenter self-sufficient. i.e:
distance learning, telemedicine, video conferencing, etc).
FISCAL IMPACT:
Upon execution of the contract between CalTrans and the City, the City will receive an
increase in the Telecenter budget of $50,000. These funds will be placed in the Energy
Conservation Fund in a newly established activity account for Telecenter II #280-2806.
Funds will be provided by CalTrans to the City upon receipt of initial billing from the City.
All reporting requirements must follow state and federal reporting requirements for ISTEA
funds. With receipt of this $50,000 the total telecenter budget will be $329,750.
I~ ,,2...
IU
"
/
RESOLUTION NO.
/75Jr
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CITY ACCEPTANCE OF
$50,000 FEDERAL INTERMODAL SURFACE
TRANSPORTATION EFFICIENCY ACT (ISTEA) "PASS
THROUGH" MONEYS FROM THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR THE CHULA
VISTA TELECENTER AND AUTHORIZING THE MAYOR TO
EXECUTE CONTRACT WITH CALTRANS, ESTABLISHING
THE TERMS OF SUCH AGREEMENT IN A FORM
ACCEPTABLE TO AND APPROVED BY THE CITY
ATTORNEY AND THE CITY MANAGER, AND
AUTHORIZING THE FINANCE DIRECTOR TO
APPROPRIATE $50,000 TO THE APPROPRIATE
ACCOUNTS AS NEEDED
WHEREAS, as part of the city's overall effort toward
development of a comprehensive energy conservation and air
quality improvement program, and consistent with the City'S
Environmental Agenda, the City applied for funding from the State
of California Department of Transportation (CaITrans); and,
WHEREAS, CalTrans and the city pursuant to Streets and
Highways Code Sections 114 and 130, are authorized to enter into
a Cooperative Agreement for improvements to State highways within
the San Diego County metropolitan area; and
WHEREAS, the CalTrans wishes to have a regional Traffic
Demand management program which includes the research and the
evaluation of new technologies such as telebusiness work centers
and their potential to impact transportation mode shifts; and
WHEREAS, up to $50,000 in federal Intermodal Surface
Transportation Efficiency Act (ISTEA) "pass through" monies from
CalTrans will be given to the City of Chula vista to assist in
the development of the Chula vista Telecenters; and
WHEREAS, the City will receive a total, not to exceed
$50,000 to implement the Chula vista Telecenter Project; and,
WHEREAS, the Agreement between the City and CalTrans
will address the use of residential area-based telebusiness work
centers and development of partnerships therein; and
WHEREAS, marketing, business plan development and
feasibility assessment must be performed as a first step toward
implementation of the Telecenters;
1
/~, J
WHEREAS, in order to proceed with a contract between
the City and CalTrans, CalTrans requires a resolution which
authorizes the Mayor to proceed with contract negotiations, in
accordance with the CalTrans ISTEA Funding guidelines.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby authorize the Mayor to
execute a contract with CalTrans establishing the terms of such
an Agreement in a form acceptable to and approved by the City
Attorney and the City Manager.
BE IT FURTHER RESOLVED that the Finance Director is
hereby authorized to appropriate $50,000 to a newly established
activity account within the Energy Conservation Fund, earmarked
Telecenter II, Account 280-2806. ~
,/
Appr ed
~
a"vI:
by
Presented by
Barbara Bamberger, Environmental
Resource Manager
Bruce M. Boogaa d,
Attorney
C:\rs\tctr.bb
2
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JUN-09-1994 12'12
If"'^'" ~""'"
619 688 3368
P.El2
\FT
DRAFT
COOPRRATXVZ AGRBBKB~
DRAFT
11-S0-VA!!.
P.M. VAR
EA 995196
Agreement No. 11-4239
'1'~ 1 ,:l!~~n.t:.~r s:r.udv
THJ:5 AGREEMENT. ENTERED INTO ON
STATE OF CALIFORNIA. acting by and
Transportation, referred to herein as
, is between the
through its Department of
STATE, and
City of Chula Vista, a
bOdy politic and a
municipal corporation of
the State of California.
. 'l'1i,.""'....._. ,_,4i."P.d.;.....,~-""~~.....i"..." ' "'-,.;.:..Jifi~'u'..._( \~:~;;.!,':',l...~;~~~;~y.;.;'~'<f..,a:..fa.r'~e..d....~, t.o. ';l"be:r.eJ..n,l ..,as'
.:-....~I-0?-~.~F.4 ~ ";'" :.? CITY. r,1::' S!,""'~: ~~t38 .~, (.''?
.';',,;,..'
.........~...." ,,"
!UICITALS
1. STATE and CITY pursuant to streets and HighWays Code Sections
114 and 130. are authorized to enter into a Cooperative Agreement
for improvements to State highways within the' san, Diego County
metropolitan area.
2 . STATE wishes to have a regional Traf fic Demand 'management
( TOM ) program 'which includes, but is not limited to development
r'
, '.
of TDM researchand:the evaluation of; new technologies such as
telehusiness work centers and their potential to impact
transportation mode shifts. Thi A Aoreement adre""F!" the use of
resi~entiR.l araa-bi!LR~d tp:lf:!hHlQin~as work ~~nt.P-Tg. M'ar:ket.ina.
hllAi.n~u::g nl}(a'f1 develnnme.nt: An.d feasibilir.v .t:IR~ARm.ent must he
perf9rm@d as first sten This work 1S hp.n~Aforth r~fp-rrp-d to
herpin AA l,qrpfmY1.
t
3. CITY is willing and able to perform STUDY and STATE is
DRAft ONLY
Not for: lIxecv.tiol1
1
/'
/ /) '..J>
Jl..JN-1il9-1994 12' 12
619 688 3368 P.El3
I
,
11-4239
agreeeable to this.
'.
,"
4. SubsemlAnt: ohases t n thE! devp.: 1 nnM~nt of a t: fl!Ilebusiness work
cent:8r or cent.ArA in t:hp- ~it:v Of Chllla. Vi.:ta. in~lnd;na
I
!Ii~'
ImolamAntatinn and Eva.luat.ion ~ould be ~hf!!! sub;ect of future
Aa"'eement:s.
5. STATE and CJ:TY provide benefits to the public by Oll1eviating
trips and traffic congestion in the San.Diego County metropolitan
area, thereby mitigating the negative impacts on air quOllity,
... ._.... .....,:w,.A.;;_.. \';"". ,;....... .r'>""'~'~ ....,.. :':;'... .,. .,.~,,,",,, .." " ,~. ,., .. ..~
~'-'''1I'fave'''1! tTme~ and energy consumption associated with silCll''''l ....'1'f'
".. ~"~
congestion.
6. The funding source under this Agreement for STUDY is the
Intermodal SlJIface Transportation Efficiency Act ( ISTEA ) 23 use
SEC; 146.
7.
1 '.. ~.. l' I
STATE and CITY mutually desire to 'Cooperate and jointly
~, : : , ' 1 '
participate in STUDY and desire to specify herein the terms and
conditions under which the STUDY is to conducted, financed,and
administered.
:'
SII:CTIOIiT J:
CITY AGR.BBS.
1. To carry out the Work ~ for STUDY as specified in
Attachment I of this Agreement.
2. To provide, from local, non-federal SOlJIces, at least twelve
per cent Cl::lIld of the total STATE contribution as matching
funds in support of STUDY
DB" OHL Y
Hot ~or BxeautioQ
2
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JUH-09-1994 12:13
619 688 3!68 P.e4
: ~
'"
11-4239
3. TO begin the work described in A~~a~hmAnt I of thi~ ~oreement
not later than July 1, 1994. or uoon AXe~lr.;on of this Aareement.
whi~hAVA'" is later
4. To Ruhmit: ~n initial hi'lina for s:Ttmv A'Y'1"\AnditureR dAa~,...ibad
'II~I'
"
in At:ta~hmAn~ T of this Aar@~mant within ~htrtv (3D) dayS of
the exeCllt. i 01"1 of this AaT'AfmlAnt.
5. TO nrovide ~T~TE monthlv rennrts of aatua1 p-xo@nditures for
COlliDa.l'is".. .' ao!i iI'I'St" t::TieaCi~a~il' ......"""i'lt'"; "b ,,"... , , ,
,:':,,'(I-~?~'4 ~~r;~.,f} ~ c,~C' ';C-;: -....~l:r '=.?"A,
6. To provide STATE with monthly written reports beginning August
1. 1994 describing the results of activities undertaken pursuant
to the approved Work Plan 1'01" STUDY.
7. '1'0 meet inforinally with STATE at least bi-mOI'lthly or more
freCnlent lv if mUtually' agreee.;.upon, :i:il order to monior progress
of STUDY.
8. To account for all costs of STtIDY"to be paid by STATE pursuant
to this Agreement.
9. To retain or cause to be retained for audit by STATE or other
government suditors for a period of three ( 3 ) years from date
of final payment, all records and accounts relating to STUDY.
SBC!T':rOH ~~
Q'1'ATB AGRIIRB 1
1. To d$nnsit with C:rTY within twen~-fiv~ ( ?~ ) davs of
r~~.int nr. initia~ hillina a~ amount no~ ~o P~CA~ S 50.0aOto
DRAFT on y
1IT0t for Ex.OUt:tOD
3
/p'7
JUH-09-1994 12'14
619 688 3368 P.e5
l:;
,t'
11-4239
SUDDOrr ~h~ ~ctivitiAA descrihAn in At~achm~n~ I of this
AareAmAn~. or ot.hp-'l" e.~tivitiF.!R as m.av be 1I11.1t:llA11y aarep-d-unnn.
2 To work with ~rTY to BRRure that TP-miired St.ate and F~deral
nT~Qdur8A are followed.
3. To nrov-i,de oromnt: T"AVi~ Ann ~PDi""oVAlg. AQ .q't""'~ooriat.e. of
Ruhm;tt.ala hv' CTTV and co ~nanArate in t:imAly nrOCf!RRina of
STUDY
IlIBC!'1'XOJr X:tl
~:'r . ~~,"-' 'J,...., ~V-.1~u~L y:,,~"~tlR.D I:
....' '.~ .,-- ,_. .... .. ~ .'
, ...~..;" ..;...,~
,........l1;
..,,'.............. . ..;.'.
17',1C") s,...-:: -";;:p
p..~o:;
1. All obligations of STATE under the terms of this Agreement are
subject to the appropriation of reso~ces ~ the Legislature and
the allocation of reso~ces ~ the California Transportation
. Commission. .
..; .-.
.,
" ,,~l ::l
2. STATE shall designate a cqntrac:t ~ager and CITY shall
designate a rep~es~ntative tqrough w~m all. communications
between the two ,a,gencies shall be channeled. The inital STATE
Contract Manager is. MICHELE FELL-CAS~E and the initial CITY
'{_
representative is BARBERA BAMBBRGBR. .
!.
3. Neither STATE nor any officer or employee thereof is
responsible for any damage or liability occurring ~ reason of
anything done or omitted to be done ~ Local Agency under or in
connection with any work, authority or j~isdiction delegated to
local agency under this Agreement. X.t is understood and agreed
that, p~suant to Government Code se~ion 895.4. local agency
shall fully defend. indemnify and save harmless the State of
DRA:r.l' on Y
Hot for Bx.CI~tlOft
4
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JUN-09-1994 12:14
619 688 3368 P.El6
11-4239
1,1
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California, all officers and employees from all claims, suits or
actions of every name. kind and description brought for or on
account of injury (as defined in Government Code Section 810.81
occurring by reason of anything done or omitted to be done by
local agency under or in connection with any work, authority or
ti~'
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jurisdiction delegated to local agency under this Agreement.
4.. Neither CITY nor any officer or employee thereof is
responsible for any damage or liability occurring by reason of
..~th'ing done or'omi:tted to.t>e done'l:ly STATE under in . connection.
~.r_",l-~S-19~t.'. !.'2C'.~ 5~~~ r.,'""'~1 -;:-"~:;r i=.?f:.
with any work. authority or juriSdiction delegated to STATE under
this Agreement. It is understood and agreed that, pursuant to
Government Codes Section 895.4, STATE shall fully defend.
.in4.emp.ify and.saye.h4rJuless' Locll-l. all~CY tram. all claims. suits
or. .accl;iQns ofe,very name. . kind and d~script1on brought for or on
account of injUITlaSdefined if! Govti!rnment Code Section 810.8)
: occurring by reaSQn of anything done:<lr omitted. to be done, by
STATE under or in connection with ~ work. authority or
: jurisdiction delegated to STATE unQer this Agreement.
5. nwt1A'rAhip. ~it:ltl!l n-r- ~nrnrr;cyn~ nf all nrnrl\l~t: lsl of STUDY
in~l,]dina but net:. limited to. renortK. St:lldiA~. ann Roftware
dRVeloned for STOnY: will autnmatica'llv bQ vcn;t~d il1 STAT~ and no
nlrthp-r aor~@nt wi" he n@~~s~arv to trRnRfer ownershin to
STATE
6. To affix the s~~temQI1t and disclalmer in Attaehm~1'1t. 2 t:~ all
nrndncts of STUDY BR descrihAd in the Article above.
DUFT OIlLY
Not f'or Bzeoutlon
5
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Jal-l!l9-1994 12' 15
619 688 3368 P.El7
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11-4239
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1. prllvisinnR cont.ained herein mav tv:! al r:.9rQd~ ~ha.naed. or
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AmA-nded bv mutua.l wrir..ten consent: of t.h@ narties hereto. No oral
nndpTAt:OIIntHna' or aar,UI,m.T\t not incornoratp.:d hATAin AMIl be
binn;n~ on any of ~hA par~iea here~OA
8. All Attachments referenced in this Agreement are hereqy
incorporated and made part of this Agreement
g. Thi~ AcrrAAtne.rtt shallterm;n~t:@ noon c:cmnlet:.ion of ~Tnny hv
<~,~TY. ...or on ~."~p";;;_1?95".,~i,~~~~,"~@~~,g\.,:,arli~r ~~ tim~. 1~~.~,~~"~".,,
.., :\1 ~ ~ (~':'l4 ~ ,"",~1 "'":
"'-".~ii"'bartfAg"aarAA ~n an QXtension of timA
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STATE OF CALIFORNIA
DEPARTMENT OP TRANSPORTATION
CITY OF CHULA VISTA
.......
-~;z.
By:
Deputy District Director
Approved as to form and procedure;
'l
Certified as to funds and procedure; ,.
DRAft OlilLY
Not for Bxeouti.QJl.
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TOTAL p.e?
COUNCIL AGENDA STATEMENT
ITEM
II
MEETING DATE 6/21/94
ITEM TITLE: RESOLUTION I '15:1<} Amending FY 1993-94 Budget,
providing for a Liability Trust Fund appropriation to the General Liability Insurance
Account.
REVIEWED BY:
DIRECTOR OF PERSONNEL Q/o
/.. --j
CITY MANAGER 16 "p rJ
(4/5th Vote: Yes X No )
- -
SUBMITTED BY:
Due to settlement and expense commitments, an appropriation from the Liability Trust
Fund of $100,000 is needed and settlement documents must be executed.
RECOMMENDATION: That Council adopt the resolution providing for an
appropriation of $100,000 and authorizing the Mayor to execute documents approved
by the City Attorney for settlement purposes.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: An appropriation from the General Liability Trust Fund is needed to
honor settlements and pay attorney fees and costs during the year. Council has
approved settlements which have depleted the appropriation.
FISCAL IMPACT: A total of $100,000 is to be appropriated from the Liability Trust
Fund to Insurance Account #100-0700-5233. The total sum appropriated to this
account will be expended by authorization and approval of the Finance Director.
//# /
RESOLUTION NO. /7fJ7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING FY 1993-94 BUDGET
PROVIDING FOR A LIABILITY TRUST FUND
APPROPRIATION TO THE GENERAL LIABILITY
INSURANCE ACCOUNT
WHEREAS, due to settlement and expense commitments, an
appropriation from the Liability Trust Fund of $100,000 is needed
to honor settlements and pay attorney fees and costs for which
Council has previously approved.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby amend the FY 1993-94 budget to
appropriate $100,000 from the Liability Trust Fund to Ins ance
Account 100-0700-5233.
Presented by
as~ f
Candy Boshell, Director of
Personnel
C:\rs\liabilty.app
,
//.)..
'i1
~(j
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MEMORANDUM
CONFIDENTIAL
DATE:
June 9, 1994
FROM:
The Honorable M. ayor and City Couttl\
John D. Goss, City Manage0:\ ~~\
Candy Boshell, Director of personnelQ.P-
TO:
VIA:
SUBJECT:
JUNE 21,1994 COUNCIL MEETING REQUESTING AN APPROPRIATION.
Earlier this year you approved settlement for the Igou lawsuit in the amount of
$185,000. Staff did not present a Resolution for appropriation at that time.
Since then routine expenses and smaller settlements have depleted the budget
allocation. But for the Igou settlement, the General Liability Insurance Account would
have been under budget for this fiscal year. The Council Agenda report is purposely
general in nature so as not to call particular attention to the Igou case.
IA113-MEMO)
11-3
~
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item . J'"
Meeting Date:June 21. 1994
Resolution 17f~t:J waiving the bidding process
and approving the purchase of computer equipment
and software for the Hewlett Packard and INLEX
Library Automation System in order to provide
service to the South Chula vista Library
SUBMITTED BY: Library Director~A
REVIEWED BY: City Manager-JC:jbJi(~\
U"--4
The current library automation system operates on a combination of
equipment and software primarily supplied by Hewlett Packard and
INLEXjDRA. The system was approved in the 1990-91 Capital
Improvement Program and installed incrementally beginning in 1991.
At that time, the library migrated from an older generation Data
General system with software from OCLC's LSj2 library automation
software to INLEX software mounted on Hewlett Packard 3000 model
935 equipment. Sometime after the library implemented the INLEX
system, INLEX was purchased by a major library automation company
called Data Research Associates or DRA. As a result, the present
combination of hardware and software has become commonly known as
the INLEXjDRA system.
(4j5ths Vote:
Yes_No--1Ll
One of the major public service components of the INLEXjDRA system
was the introduction of the Automated Catalog, including a Spanish
language module. The system also provided a simple, effective and
faster Circulation module, an Acquisitions module, a dial-up
catalog which will soon be introduced to the public, and other
staff service components. One of the benefits of purchasing the
Hewlett Packard hardware and INLEXjDRA software was that the system
could be upgraded without revamping the entire hardware and
software platform when a new library or new functions were added.
It has been confirmed that, as originally planned, additional
hardware and software can be added, building upon the current
system to expand it as needed to accommodate the South Chula vista
Library.
A complete change of software and hardware could cost in the range
of $400,000 at least, considerably more than an upgrade. The
system upgrade will cost $142,268. Funds for the upgrade were
approved in the 1993-1994 CIP budget as part of the South Chula
vista Library project. The upgrade plan has been reviewed by the
city's Director of Management and Information services.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
/.). ,/
L~\
Item
Meeting Date:
/2 , Page -L
June 21. 1994
RECOMMENDATION: That the City Council adopt the resolution
waiving the bidding process and approving the purchase of hardware
and software to upgrade the Hewlett Packard and INLEX/DRA library
automation system.
DISCUSSION:
The system upgrade is needed to add service to the South Chula
vista Library. The current system cannot accommodate adding any
services to new locations or adding new modules without an upgrade.
Presently, the Library's INLEX/DRA system does not have ports to
connect additional terminals, the disk space available for storage
of records that correspond to the collection to be purchased for
the South Chula vista Library is limited and the memory on the
system cannot provide the level of response time required for
service to a remote site.
Based on service levels already established for the library system,
INLEX/DRA and Hewlett Packard have made recommendations for what is
needed for the upgrade to provide service to the South Chula vista
Library. The system upgrade involves moving from the HP 3000 935
mini computer up to the HP 3000 968, skipping two platforms to
ensure maintenance of current service standards once the new
library is online. An additional 72 ports will be added for the
expansion to connect patron online access computer terminals
(OPACS), personal computers in the computer laboratory with OPAC
access, dial-in access from public sites, staff access and
circulation computers. The system will be upgraded from 96 Mb to
192 Mb memory, from 2.7 Gb disc to 5.7 Gb disc, and from a 2 Gb DDS
DAT tape drive to an 8 Gb DDS DAT tape drive. Although the system
will continue to run on the MPE 4.0 operating software, Hewlett
Packard also requires the new IMAGE/SQL software. The system will
have the potential to connect as many as 160 users and system
support warrants 4-hour on-site response.
other components of the upgrade include INLEX software, profiling
and set-up, Posthaste E-Mail for the new staff terminals at the
South Chula vista Library and VESOFT's MPEX software for optimal
management of the operating system.
The vendor's and items to be purchased are listed below and include
taxes and installation.
VENDOR
ITEM
COST W/TAX
$126,902
$ 10,005
$ 3,756
$ 1. 605
$142,268
Hewlett Packard
INLEX/DRA
VESOFT
Genessee Software
TOTAL
Hardware and software
Software and upgrade
MPEX Software
PostHaste Software
1.2'~
Item
Meeting Date:
I J.., Page -L
June 21. 1994
INLEX/DRA and Hewlett Packard are sole source for the majority of
the upgrade products, no other vendor can supply these products.
As a result, this purchase cannot be bid. The MPEX software and
PostHaste E-Mail are supplied by companies that develop and sell
accompanying software for Hewlett Packard platforms. This software
also cannot be purchased from any other source other than the
vendors specified above.
This is the first of two requests specifically for purchase of
computer equipment for the South Chula vista Library. The funds
were split into two allocations over a two-fiscal year period due
to availability of funds. This first request, for the Hewlett
Packard and Inlex/DRA upgrade, is timed to get the upgrade done
soon enough to allow for adequate time to order books, process them
and add them to the computer system before the South Chula vista
Library opens. The second request will occur within the next few
months if the CIP budget for FY 1994-95 is approved for the South
Chula vista Library. The second request will cover miscellaneous
computer equipment and components for the computer laboratory,
external data base access, audio visual equipment and Self Checkout
terminals. Another major element of the system, the local area
network, is to be installed by the contractor, Douglas E. Barnhart,
as part of the existing construction contract.
Fiscal Impact:
The California Library Construction and Renovation Bond Act
(Proposition 85) funds will not pay for computer equipment.
However, the State Library'S approval of the project and award of
$6.7 million toward construction of the South Chula vista Library
was in part a result of the proposal to build a state-of-the-art
library equipped with systems for patron access to various
computers, software, audio-visual components and satellite
conferencing and training. While this portion of the project is
not eligible for 65% reimbursement from the State Library, the
State Library considers provision of computer systems and
electronic delivery units as part of the contractual obligation
between the City of Chula vista and the California State Library in
regards to receipt of funds for the South Chula vista Library
project.
Approval of this request would authorize the expenditure of
$142,268 previously appropriated as part of the Fiscal Year 1993-
1994 South Chula vista Library CIP project LB 125.
/.2"J /12-1
RESOLUTION NO. / ?..5"'~o
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE BID PROCESS AND
APPROVING THE PURCHASE OF COMPUTER EQUIPMENT
AND SOFTWARE FOR THE HEWLETT PACKARD AND INLEX
LIBRARY AUTOMATION SYSTEM IN ORDER TO PROVIDE
SERVICE TO THE SOUTH CHULA VISTA LIBRARY
WHEREAS, the current library automation system operates
on a combination of equipment and software primarily supplied by
Hewlett Packard and INLEX/DRA which system was approved in the
1990-91 Capital Improvement Program and installed incrementally
beginning in 1991; and
WHEREAS, at that time, the library migrated from an older
generation Data General system with software from OCLC's LS/2
library automation software to INLEX software mounted on Hewlett
Packard 3000 model 935 equipment; and
WHEREAS, after the library implemented the INLEX system,
INLEX was purchased by a major library automation company called
Data Research Associates or DRA and the present combination of
hardware and software has become commonly known as the INLEX/DRA
system; and
WHEREAS, one of the major public service components of
the INLEX/DRA system was the introduction of the Automated Catalog,
including a Spanish language module; and
WHEREAS, the system also provided a simple, effective and
faster Circulation module, an Acquisitions module, a dial-Up
catalog which will soon be introduced to the public, and other
staff service components; and
WHEREAS, one of the benefits of purchasing the Hewlett
Packard hardware and INLEX/DRA software was that the system could
be upgraded without revamping the entire hardware and software
platform when a new library or new functions were added and it has
been confirmed that, as originally planned, additional hardware and
software can be added, building upon the current system to expand
it as needed to accommodate the South Chula vista Library; and
WHEREAS, a complete change of software and hardware could
cost in the range of $400,000 at least, considerably more than an
upgrade, however, the system upgrade will cost $142,268 with funds
for the upgrade being approved in the 1993-1994 CIP budget as part
of the South Chula vista Library project.
1
/.). f
NOW, THEREFORE, BE IT RESOLVED the city council of the
City of Chula vista does hereby waive the bidding process and
approve the purchase of computer equipment and software for the
Hewlett Packard and INLEX Library Automation System 'n order to
provide service to the South Chula vista Library.
David Palmer, Library
Director
Bruce M.
Attorney
Presented by
c: \rsUnlex
2
),;2 -&r
CITY COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item /:1
Meeting Date 06/21/94
Resolution 17..5''/ J Waiving the consultant selection process and
authorizing staff to select a consultant to prepare environmental documents
for the proposed MCA Amphitheater in Otay Valley without competitive
bidding
Director of Community Developmenl-C;.
City ManagerJ~ ~~
U (4/5ths Vote: Yes _ No...xJ
ITEM TITLE:
REVIEWED BY:
BACKGROUND: A proposal has been advanced by Bitterlin Companies, Inc.lStarboard
Development (the "Applicant"), in conjunction with MCA Concerts, Inc., to develop an outdoor
amphitheater in the Otay Rio Business Park, Otay River Valley. Staff has determined that an
Environmental Impact Report (EIR) would need to be prepared for the project. Staff has further
indicated to the Applicant that the cost of preparing environmental documents will be the
responsibility of the Applicant. The Applicant has requested, in the interest of reducing
processing time for the EIR, that the consultant selection process be waived.
RECOMMENDATION: That the Council approve a resolution waiving the consultant selection
process and authorize staff to select a consultant from the City's approved list of consultants to
prepare environmental documents for the project.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The proposed project involves construction of a 20,000 person capacity outdoor
amphitheater, consisting of approximately 6 - 7,000 fixed seats and a grass berm to provide lawn
seating for 13 - 14,000 patrons. The complex is proposed to include permanent concession,
restroom and box office buildings and will require parking for approximately 6,500 cars. The
project is proposed in a location adjacent to the proposed relocation site for the City corporate
yard. The amphitheater and the corporate yard would share parking facilities. Staff has
determined that the project may have one or more significant environmental effects and that an
EIR is required. The EIR will address the impacts of both the corporate yard and amphitheater
projects cumulatively.
Staff has informed the Applicant that an EIR is needed and has presented them with a preliminary
schedule. The schedule indicates that the consultant selection process would take two to three
months. The Applicant has requested an expedited schedule and has requested that, to this end,
the consultant selection process be waived. The Applicant understands that the full costs for
preparation of the environmental documents will be their responsibility.
FISCAL IMPACT: All consulting fees associated with the proposed project would be borne by
the Applicant. There would be no fiscal impact to the City.
/3 -/ /13-:L
RESOLUTION
/75'//
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE
CONSULTANT SELECTION PROCESS AND AUTHORIZING STAFF TO SELECT A
CONSULTANT TO PREPARE ENVIRONMENTAL DOCUMENTS FOR THE PROPOSED
MCA AMPHITHEATER IN OTAY VALLEY WITHOUT COMPETITIVE BIDDING
WHEREAS. Bitterlin Companies. Inc..IStarboard Development has advanced a
proposal in conjunction with MCA Concerts. Inc.. to develop a 20.000 person capacity
outdoor amphitheater consisting of 6000-7000 fixed seats and a grass berm to provide lawn
seating for 13.000-14.000 patrons in the Otay Rio Business Park in the Otay River Valley in
Chula Vista, California; and
WHEREAS. staff has determined the project may have one or more significant
environmental effects and that an Environmental Impact Report is required to address these
impacts of both the Corporate Yard and Amphitheater projects cumulatively; and
WHEREAS. the full cost of said Environmental Impact Report will be borne by Bitterlin
Companies. Inc..IStarboard Development who is willing to forego any cost savings that may
come about through the competitive bidding process; and
WHEREAS. staff has estimated the time required for both formal and informal bidding
pursuant to Sections 2.56.070 and 2.56.230 of the Municipal Code, respectively. to be a
minimum of four weeks; and
WHEREAS. Bitterlin Companies, Inc..IStarboard Development has indicated the
estimated timeframe for competitive bidding renders the competitive bidding process
impractical with respect to meeting the project processing schedule.
NOW THEREFORE. THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby
find. order. determine and resolve as follows:
1 . City Council finds that it is appropriate to waive the consultant selection
process to do the Environmental Impact Report because the time required to comply with such
process is inappropriately long given the applicant's legitimate needs to move forward to
receive entitlements on this project.
2. City Council authorizes the waiving of the consultant selection process.
3. City Council authorizes the City Manager to select a consultant from the
City's approved list of consultants to prepare environmental documents conditioned on the
following:
. Staff will select a qualified consultant at a reasonable and fair price.
. The selected consultant will have the specific technical expertise to
provide the City with high quality environmental documents.
J:J" .3
Resolution
Page 2
PRESENTED BY:
. The City Manager will convene a subcommittee of no less than three
staff members for the purpose of selecting a consultant.
~~
Chris Salomone
Community Development Director
[c:\ WPSl \COUNCILIRESOSIMCA-1.RES]
ORM BY:
Bruce M. Boogaard
City Attorney
/3"'1
COUNCIL AGENDA STATEMENT
I 75'Y.1..
Resolution Accepting a gift of $17,195 from the
Friends of the Chula vista Library, approving South
Chula vista Library Change Order No. 6 with Douglas
E. Barnhart, Inc. to add an exterior fountain and
appropriating funds therefo~.
SUBMITTED BY: Director of Public Works ~
Library Director ~L~
REVIEWED BY: City Manage~ ~~I (4/5ths Vote: Yes-1LNo_)
On November 2, 1993, Council aW~ded the construction contract for
the South Chula vista Library to Douglas E. Barnhart, Inc.
Concurrently, the Council approved Change Order No. 1 which
included the deletion of an exterior entrance courtyard fountain in
order to bring the project within the engineer's original cost
estimate.
MEETING DATE
ITEM J#
June 21.~
ITEM TITLE:
The Friends of the Chula vista Public Library have voted to pay for
the cost of the exterior courtyard fountain. Change Order No. 6
will allow the fountain to be constructed by the contractor, as
originally planned, at no cost to the city.
RECOMMENDATION: That Council accept the rnonitary gift from the
Friends of the Library, approve Change Order No. 6 and appropriate
funds therefore.
BOARD/COMMISSION RECOMMENDATION: On October 27, 1993 the Library
Board of Trustees reviewed and endorsed the award of bid and change
Order No. 1 (which included the deletion of the exterior entrance
courtyard fountain). However, the Board voted to request that the
Library explore the possibility of acquiring additional funds to
retain the courtyard fountain. (ATTACHMENT A)
DISCUSSION:
The exterior entrance courtyard fountain (ATTACHMENT B) was
originally part of the bid package for the South Chula vista
Library. When the bids came in over the engineer's estimate, the
Project Team not only accepted four deductive alternatives, but
through value engineering, also negotiated a series of changes in
scope of work designed to bring the project within budget. One of
those elements was the deletion of $18,000 earmarked for the
entrance courtyard fountain.
When the Library Board of Trustees reviewed the award of bid and
change Order NO.1, they strongly urged that alternative funding be
found to reinstate the fountain since it is an integral part of
/'/-1
ITEM
MEETING
Ii , PAGE 2
DATE: 6/21/94
contemporary hacienda architectural design. The Board suggested
that the Friends of the Chula vista Public Library might consider
funding the fountain.
The issue was discussed by the Friends of the Library Board at
their December 9, 1993 meeting, at which time they approved a
motion authorizing $15,000 to pay for the fountain. (ATTACHMENT C)
This generous gift was announced that afternoon at the South Chula
vista Library ground breaking ceremony.
The Project Team has now negotiated with the contractor and
subcontractor to establish a final cost for this fountain. It had
been hoped that the exterior fountain could be built for the
$15,000 authorized by the Friends. However, after negotiations a
total cost of $17,195 was finalized ($805 less than the original
estimate).
On Thursday, June 9, 1994, the Friends of the Chula vista Public
Library authorized an additional $2,500 to be spent on the
fountain, raising their gift to the City from $15,000 to a maximum
of $17,500. (Minutes of that meeting are not yet available) This
gift will completely fund the cost of the fountain.
All three fountains in the building are designed to be very
efficient. They will be built with low flow circulation and will
minimize water usage by continually filtering and recycling the
water in the pools. They are also designed so that when water is
lost through evaporation, a pressure gauge will release only the
appropriate amount of "make-up" water. Reclaimed water (not yet
available from the water utility) at this site would not be
appropriate for use in the fountains because it is intended for
industrial and irrigation purposes.
Previous Chanqe Orders
Change Order No.1, in the amount of $464,783, was for negotiated
credits approved by Council at the time of the award of bid to
Douglas E. Barnhart on November 2, 1993.
Change Orders No. 2 through 5 were for a wide variety of elements
and totalled $137,398.46.
FISCAL IMPACT:
The proposed change order totals $17,195. Total funding for this
change order will come from a monetary gift from the Friends of the
Chula vista Public Library which will be appropriated to the South
Chula vista Library project account 408-4081-LB05. Therefore, it
will not be necessary to utilize the project's contingency fund
which remains at $490,493.52.
/'1'.2.
"D
,
RESOLUTION NO. /7Sf.2.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A GIFT OF $17,195 FROM
THE FRIENDS OF THE LIBRARY, APPROVING SOUTH
CHULA VISTA LIBRARY CHANGE ORDER NO. 6 WITH
DOUGLAS E. BARNHART, INC. TO ADD AN EXTERIOR
FOUNTAIN AND APPROPRIATING FUNDS THEREFOR
WHEREAS, on November 2, 1993, Council awarded the
construction contract for the South Chula vista Library to Douglas
E. Barnhart, Inc. and concurrently, the Council approved Change
Order No. 1 which included the deletion of an exterior entrance
courtyard fountain in order to bring the project within the
engineer's original cost estimate; and
WHEREAS, the Friends of the Chula vista Public Library
have voted to pay for the cost of the exterior courtyard fountain
and Change Order No. 6 will allow the fountain to be constructed by
the contractor, as originally planned, at no cost to the City; and
WHEREAS, it is recommended that Council approve Change
Order No.6 in the amount of $17,195 and authorize the Director of
Public Works to execute it on behalf of the City; and
WHEREAS, on October 27, 1993 the Library Board of
Trustees reviewed and endorsed the award of bid and Change Order
No. 1 (which included the deletion of the exterior entrance
courtyard fountain), however, the Board voted to request that the
Library explore the possibility of acquiring additional funds to
retain the courtyard fountain.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept a gift of $17,195 from the
Friends of the Library and approve South Chula vista Library Change
Order No. 6 with Douglas E. Barnhart, Inc. to add an exterior
fountain and authorize the Director of Public Works to execute the
change order on behalf of the City.
BE IT FURTHER RESOLVED that said $17,195 gift from the
Friends of the Library is hereby appropriated to Accoun 408-4081-
LB05.
edt
or::J
Presented by
David Palmer, Library
Director
Bruce M.
Attorney
City
C:\rs\library.co6
Itf-J fJ/-/.l..-
/11.
ATTACHMENT A
Library Board of Trustees
- 4 -
October 27, 1993
Palmer reported that both machines will read in both
English and Spanish, but will not translate from one
language to the other.
Mrs. Orin also asked if there was an age limit for use of
the ADA equipment. Mr. Palmer answered that, although
the equipment is not intended to be used as a story
telling device, it is available for anyone of any age
who is in need of it.
Mr. Coye suggested that the Japanese craft books and
accompanying videos given to us by our sister city be
displayed for the Odawara visitors. (Chairman Viesca
arrived at 4:3'0 pm) Mr. Coye asked if the LAN tied into
City Hall. He had read an article that reported that the
status of current legislation would be 'available through
Internet. Mr. Palmer reported that the system was
limited to the civic Center Library, but would look into
the Internet contact.
C. Written Comments
None
II. CONTINUED MATTERS
A. South Chula Vista Library
Board members received a Council agenda statement that
will award the bid for the South Chula Vista Library on
November 2nd. The agenda statement proposed two
resolutions: One, awarding the bid to Douglas E.
Barnhart, Inc.: and Two, Accepting Change Order #1
reducing the scope of work and reducing the bid amount by
$464,783. Douglas E. Barnhart was the low bidder with a
bid of $6,553,355. This bid was reduced to $6,437,984 by
the removal of four deductive alternates that were part
of the bid document and totaled $115,371. These
alternates included substituting one brand of temperature
control system to another, deleting the entry courtyard
fountain, deleting stack lighting support fixtures (these
will be moved into the furniture package) and deleting
some light fixtures in the skylights.
Even with the elimination or transfer of the deductive
alternates the project was still over budget.
Consequently, a change order was negotiated by the
Library's Project Manager, under the direction of the
ci ty Attorney. To bring the proj ect wi thin budget,
$344,001 was taken from project building funds and
pl.f
Library Board of Trustees
- 5 -
October 27, 1993
$120,772 from the funding for low voltage systems.
Items from the building budget include:
The 2 pepper trees on the site would be removed
Exposed aggregate would replace the flagstone in
the exterior entry
Signage would be transferred to the furniture budget
Interior graffiti coatings would be eliminated from
staff areas only
ceramic steel column covers in the children's room
would be deleted
Dry stand pipe sprinkler system would be replaced
with a wet system
Speakers -in public address system would be reduced
50%
carpet would be purchased from another vendor
Box trees would be 24" rather than 36" trees
Patina acceleration on the copper room would be
deleted
Mr. Palmer informed the Trustees that most of the above
savings resulted from value engineering and 98% of them
would have no impact on staff and would not be noticeable
by the public.
Deletions from the low voltage system include:
simplified intrusion detection system
Less expensive speakers in the Children's Story
Hour Room sound system.
Redesign of the LAN (local area network).
Mr. Palmer reiterated that these changes would not affect
program requirements nor be visible to the public.
Because of the time spent in bring the project back in
budget, the October 29th deadline for start of
construction will not be met. Trustees were given a copy
of Mr. Palmer's letter to the State Librarian asking for
an extension until November 26, 1993.
Director Palmer reported that the State Library has
approved the above deletions and revisions and are ever
watchful that nothing changes the. integrity or
functional i ty of the building. The ci ty Manager,
Assistant City Manager, Deputy City Managers, and City
Attorney have also reviewed these changes. Director
Palmer asked the Trustees for their response.
II/..t
Library Board of Trustees
- 6 -
October 27, 1993
,
vice Chair Donovan expressed dismayed regarding the loss
of the courtyard fountain in the entry area. Director
Palmer replied that it could be reintroduced at a later
date by change order, should funds become available from
the contingency budget. Also, the fountain could be the
focus of a fund-raising effort or sponsored by the
Friends of the Library who have indicated an interest in
providing a large scale gift to the South Chula vista
Library.
Chairman viesca was concerned that purchasing the carpet
from a different vendor might result in a less durable
product. Director Palmer reported that any carpeting
purchased would have to conform to the specifications set
in the bid document.
Mrs. Roche
$45,294 in
purchase of
stated that the Friends of the Library
their account and offered to place
the fountain on their November agenda.
had
the
Trustee Williams commended Mr. Palmer on the exceptional
job he had done in bringing the project within budget.
Director Palmer promised to bring any change order that
would affect the building's functionality to the Board.
Motion (Williams/ ) that the Library Board of Trustees
responds favorably to the library's recommendation to
award the bid and add Change Order #1. (Motion died for
a lack of second.)
Motion (Donovan/ ) - that the Library Board of Trustees
support the change order and request the Friends explore
funding of the courtyard fountain and for the City
Council to look for additional funding to change the
grade of the carpet as deemed necessary. (This motion
also died for lack of a second)
Discussion followed. Trustee Williams questioned the
appropriateness of formally and publicly asking the
Friends to fund the fountain in a motion before they had
been contacted. He also stated that changing vendors
would not necessarily reduce the quality of the carpet
and if the less expensive carpet met the bid
specifications, it should be adequate to do the job.
MSC (Donovan/Viesca) that the Library Board of Trustees
responds favorably to the award of bid and Change Order
#1 as presented. The Trustees also request that the
I'I-'}
Library Board of Trustees
- 7 -
October 27, 1993
Library explore the possibility of acqu~r~ng additional
funds to retain the fountain and that every effort be
made to maintain the specified quality of the carpet.
VI.
ADJOURNMENT - The meeting adjourned at
Library Board of Trustees meeting
December 8, 1993.
5: 55 pm. The next
will be held on
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ATTACHMENT C
FRIENDS OF CHULA VISTA PUBLIC LIBRARY
EXECUTIVE BOARD MEETING
Thursday, December 9, 1993
The meeting was called to order at 10:35 a.m. by Harry LaBore, president,
at the home of Ronnie Berman, 953 Hilltop Drive, Chula Vista.
Present: Harry LaBore, Frances Reeves, Marjorie Clarke, Vera Murray, Louise
SWinney, Myrna Bullen, Ernestine Dease, Eleanore Valdovinos, Betty and Harry
Roche, Ronnie Berman, David Palmer and Julianne Facknitz.
The minutes of the November 11 meeting were accepted as mailed.
While Chula Vista is preparing for a ground-breaking ceremony for a new library,
other parts of the state and the country are closing their libraries. A
newspaper clipping was passed around to board members announcing that Merced
County libraries are closing.
The treasurer I s report was accepted as presented.
Newsletter: It was decided the newsletter would be published in January after
the annual meeting.
Publicity: Harry Roche indicated he would insert a notice about the annual
meeting in both the Chula Vista Star-News and the San Diego Union-Tribune.
Library Board: Mai:jorie Clarke attended the board meeting in place of Betty
Roche. It is expected that the new South Chula Vista Library will take about
44 weeks for construction of the building. One of the board members resigned
and they are interested in applicants for the vacancy.
Let's Talk about Books: Ernestine Dease reported that on December 16 "The
Dead," the last story in "The Dubliners" by James Joyce, will be discussed.
I
BOOK STOP: Ernie was pleased to announce that the "History of Egypt" was sold
for $400! Mr. Jack Laverick, a member of Friends, was the purchaser and Malcolm
Nicholson had arranged for Mr. Laverick to view the volumes. It was decided
that a letter of thanks be written to Mr. Laverick for his purchase and a letter
of appreciation be sent to Malcolm as well.
Marge announced that there was a new pencil sharpener on the counter of the
BOOK STOP and hoped the volunteers would remember to empty it when they
worked.
Rental Book Proqram: Marge reported there was $4,641.39 in the a=unt with
all bills paid as of November 30.
Library Director's RepOrt: David Palmer, director of Chula Vista Public Library,
said that the ground-breaking ceremony for the new South Chula Vista Library
would take place at 3:00 p.m. The Castle Park High School Band will perform
from 2:30 - 3:00 p.m. Students from surrounding elementary schools will lead
/'1.. It)
-2-
the Pledge of Allegiance. Eric Rhee was in charge of the program and making
arrangerrents. David indicated Rosemary Lane, former director of Chula Vista
Public Library, would not be attending since she is in Colorado skiing.
At this point a telephone call was received from Gail Monaghan. She indicated
she was about to become a grandmother and that was the reason she could not
attend the meeting and luncheon. She also asked that the pencil machine be
filled since it is very popular.
David continued by reporting that Mondays and Tuesdays are very busy at the
Library. A third security guard has been hired and the staff is taking a
harder line in trying to control the many students who use the Library. A
survey has been taken trying to determine the schools the students attend.
Students are being removed when their behavior is no longer acceptable.
Fifty-nine were removed Tuesday and 70 had been asked to leave the week
before. The Library Board supports the direction the staff is taking in
trying to provide better crowd control.
EastLake Public Library is having parking problems. Sweetwater Union High School
District is using EastLake High School for district-wide functions which leaves
little or no parking for library patrons. This problem is still being addressed.
David eJCPressed appreciation to the Friends for sponsoring the ground-breaking
ceremony. He indicated it is none too soon to start planning for the grand
opening of the South Chula Vista Library in January, 1995. He said they are
thinking about having a series of events including a possible sit-down dinner
as a benefit for Friends. They would also like to schedule some type of
"special event" during opening week.
Exterior Fountain, South Chula Vista Library: Harry LaBore had asked that this
item be placed on the agenda and a lively discussion followed. It was hoped
input would be generated from the conmuni ty and the surrounding schools. The
consensus appeared to be that if Friends funded the fountain, it would be a
highly visible IIOnument to Friends' generosity. So many items funded by
Friends are not immediately apparent to the public or the purchaser is quickly
forgotten. If Friends decide to fund this item, an appropriate plaque should
be lIOunted to give proper credit.
MSC Harry Roche, Frances Reeves that $15,000 be approved for the exterior
fountain, South Chula Vista Library, with an appropriate plaque giving credit
to the Friends.
Notice of Annual Meetinq: Ronnie Berman said she planned to mail the notice
of the annual meeting on or about January 4, 1994. The Starlight Opera
Showcase Company is schedUled to perform January 19 and a large audience is
eJq>eCted. Marjorie Clarke agreed to serve as refreshment chairperson for
this event.
Book Grant: It was decided that applications for the Book Grant for the
spring semester be issued December 30, 1993 and the deadline be set for
January 13, 1994.
I
)
1'1*/1
-3-
David mentioned he hoped to arrange a meeting of the Ulnbrella Committee with
Ralph Strahm of the County Library Friends some time after the the first of
the year.
There being no further business the meeting adjourned at 11:35 a.m. Board
members then enjoyed a festive holiday luncheon provided by hostesses
Frances Reeves and Ronnie Berman.
Respectfully sul:mi tted,
Ronnie Berman, Secretary
MSC: Moved, seconded, carried.
ANNUAL MEETING
Wednesday, January 19, 1994
7:00 P. M.
EXECUTIVE BOARD MEETING
Thursday, February 10, 10:15 A. M.
/'1'1.2-.
STATE LIBRARY INITIATOR ~ 6
PROJECT NO. P86-032
CITY OF CHULA VISTA
CHANGE IN CONTRACT
CHANGE ORDER NO:
DATE:
JOB #
CONTRACT:
CONTRACTOR:
006
June 10, 1994
LB-125
South Chula Vista Library
Douglas E. Barnhart Inc.
The following addition
executed September 22,
Douglas E. Barnhart Inc.
shall be made to INCREASE the contract
1993 between the City of Chu1a Vista and
REMARKS AND DETAILS: Changes in plans and specifications at an
agreed upon pr ice. Change order # 006 includes several proposals
which are all requested by either City staff or by the Architect to
enhance the remodel project at the South Chula Vista Library. An
itemized breakdown follows:
SEE ATTACHED DOCUMENTATION
CHANGE ORDER #006 SUM:
$
17,195.00
ORIGINAL CONTRACT AMOUNT
$ 5,973,201. 00
$ 137,398.46
$ 6,110,599.46
$ 17,195.00
$ 6,127,794.46
PREVIOUS CHANGE ORDERS TOTAL
PREVIOUS CONTRACT AMOUNT
THIS CHANGE ORDER NO.006
REVISED TOTAL CONTRACT
It is agreed
per formed and
contract and
hereto.
by the undersigned that all extra work
mater ial furnished in accordance with the
in accordance with the statement,if any,
shall be
original
attached
APPROVED BY:
APPROVED BY:
John P. Lippitt
Director Of Public Works
City Of Chula Vista
Douglas E. Barnhart
Owner
Douglas E. Barnhart Inc.
ORDERED BY:
GENERATED
.J:;);;f-z:/!:, j 13-~-./
Dick Thompson )~-' Ir *7
City Of Chu1a Vista 7- ~
Building Project Supervisor
Alb t deBerardines
Project Manager
Starboard Construction Inc.
SUMMARY OF CHANGE ORDER NO.006
1. During the contract negotiating stage, the entry
fountain was deleted and a credit of $18,871 was taken.
Subsequently, the friends of the library has agreed to
fund the inclusion of the entry fountain back into the
project. The project team has value engineered the
fountain and the revised cost is $17,195. The fountain
will be funded 100\ from the Friends of the Library.
ADD $17,195.00
l
1'/"/,/
CITY OF CHULA VISTA
Project: LB-125
South Chula Vista Library
Date of Original Completion:
Dec 5, 1994
Contractor:
Barnhart Construction
Added Days due to Rain:
10
Added Days due to Change Orders:
NONE
Substantial Completion Date:
DEC. 15, 1994
Original Contingency:
$609,210.00
Remaining Contingency:
$490,493.54
Original Contract Amount:
$5,973,201.00
Contract sum to date:
$6,127,794.46
Ballance to complete:
$4,266,890.46
% of total Contract
30.37%
Total amount payed:
$1,860,904.00
Total of change orders:
$154,593.46
% of cost overrun
2.59%
Total Funds Available
$6,427,817.54
CREDITS
$35,877.00
-------------------------------------------------------------
-------------------------------------------------------------
REQUEST REQUEST PAYMENT APPROVED PERCENT
NUMBER DATE DUE ADDITIONS COMPLETED
1 12/31/93 $198,418.00 3.24%
C.O.1Il 1/20/94 $7,302.46
2 1/31/94 619,301. 00 10.11%
C.O.II2 2/15/94 $4,910.00
3 2/28/94 350,161.00 5.71%
C.O.II3A 3/17/94 <$18,682.00>
C.O.II3 3/17/94 $22,182.00
4 3/30/94 349,263.00 5.70%
C.O.II4 4/4/94 $9,588.00
5 4/30/94 343,761. 00 5.61%
C.O.II5 5/6/94 $93,416.00
C.O.II6 6/10/94 $17,195.00
I~- If
CONSTRUCTION CONTINGENCY
FISCAL INFORMATION
CONSTRUCTION CONTINGENCY
Original Contingency Allowance:
Net Change All Previous Change Orders:
Contingency Allowance Ballance Available:
BUDGET INCREASE FUNDING SOURCE
FRIENDS OF THE LIBRARY ($17,195.00)
Net Change This Change Order >>005
New Contingency Allowance Balance:
pi..';?
$609,210.00
<$137,398.46>
$471,811.54
$490,493.54
<$17,195.00>
$490,493.52
STATE LIBRARY INITIATOR # 6
PROJECT NO. P86-032
CITY OF CHULA VISTA
CHANGE IN CONTRACT
CHANGE ORDER NO:
DATE:
JOB #
CONTRACT:
CONTRACTOR:
006
June 10, 1994
LB-125
South Chula Vista Library
Douglas E. Barnhart Inc.
The following addition
executed September 22,
Douglas E. Barnhart Inc.
shall be made to INCREASE the contract
1993 between the City of Chula Vista and
REMARKS AND DETAILS: changes in plans and specifications at an
agreed upon pr ice. Change order # 006 includes several proposals
which are all requested by either City staff or by the Architect to
enhance the remodel project at the South Chula Vista Library. An
itemized breakdown follows:
SEE ATTACHED DOCUMENTATION
CHANGE ORDER 1006 SUM:
$
17,195.00
ORIGINAL CONTRACT AMOUNT
$ 5,973,201.00
$ 137,398.46
$ 6,110,599.46
$ 17,195.00
$ 6,127,794.46
PREVIOUS CHANGE ORDERS TOTAL
PREVIOUS CONTRACT AMOUNT
THIS CHANGE ORDER NO.006
REVISED TOTAL CONTRACT
It is agreed
performed and
contract and
hereto.
by the undersigned that all extra work
mater ial furnished in accordance with the
in accordance with the statement,if any,
shall be
original
attached
APPROVED BY:
APPROVED BY:
John P. Lippitt
Director Of Public Works
City Of Chula Vista
Douglas E. Barnhart
Owner
Douglas E. Barnhart Inc.
ORDERED BY:
Alb t deBerardines
Project Manager
Starboard Construction Inc.
.JJ:;;Zl!:. p~~/
Dick Thompson )I~ /'?
City Of Chula Vista ;r- ~
Building Project Supervisor
ITEM TITLE:
Item IS
Meeting Date 6/21/94
Resolution I ')...5''13 Approving Program Supplement No. 007 to Local
Agency-State Agreement for Federal Aid Projects No. 11-5203 for the
construction of Pedestrian/Bicycle Trail along Sweetwater Road and Willow Street
and authorizing the City Engine.::jxecute the agreement on behalf of the City.
Director of Public ~orks [f,r
City Manager~ (4/5ths Vote: Yes_No..xJ
..-.
l
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
REVIEWED BY:
On March 30, 1993, by Resolution No. 17053, the City Council approved the filing of an application for
Transportation Enhancement Activities (TEA) Program Funds under the Intermodal Surface
Transportation Efficiency Act (ISTEA) of 1991 for the construction of a pedestrian/bicycle trail along
Sweetwater Road and Willow Street, (CIP No. PR-153; See Exhibit B). The subject Program Supplement
Agreement is required by CalTrans before the project funds can be released.
RECOMMENDATION: That Council approve the resolution approving the Program Supplement to the
Federal Aid Agreement with CalTrans for the construction of a pedestrian/bicycle trail along Sweetwater
Road and Willow Street and authorizing the City Engineer to execute the agreement on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On December 19, 1978, by Resolution No. 9421, The City Council approved a Master Agreement with
the State of California, Department of Transportation (CalTrans) under the title "Local Agency-State
agreement for Federal-Aid Projects". The Master Agreement sets forth the conditions for maintenance
of Federal Aid improvements, right of way, fiscal provisions and miscellaneous provisions (see Exhibit
C). Paragraph 2 of Article II of the Master Agreement requires that a supplemental agreement be
executed to cover individual projects when Federal or State funds are to be used on a local project. The
City's application for TEA Program Funds under the ISTEA program has been approved and a
supplement to the Master Agreement is required. The Federal ISTEA program is the successor to the
former Federal Aid Urban program. The approval of Program Supplement No. 007 to the Local Agency-
State Agreement for Federal Aid Projects No. 11-5203 makes the provisions of the Master Agreement
applicable to this project and contains all the special covenants or remarks required.
The Staff has reviewed the Program Supplement Agreement and fmds it to be satisfactory. City Council
approval is still required for awarding a contract to the lowest responsive bidder.
Capital Improvement Project No. PR-153 involves the construction of a pedestrian/bicycle trail and path
along Sweetwater Road and Willow Street across the Chula Vista Golf Course and over the Sweetwater
River. The project will provide connections to pedestrian/jogging trails and bikeways in the Bonita area,
will revegetate portions of the river floodway and will clean up a mosquito infested drainage channel.
The total project cost is $318,000. The existing CIP funding comes from two sources: Transportation
Development Act (TDA) funds - $110,000, and Golf Course revenues - $108,750 for a total of $218,750.
The TEA grant of $154,800 will supplement the current funding for this project bringing the available
If:. I
Page 2, Item /.s'
Meeting Date 6/14/94
funding to $372,750. The surplus funds estimated at $54,750 will be used to reimburse the Golf Course
Revenue Account.
The TEA funds to be received from this grant have been included in the 1994/95 CIP Budget
recommendations and approval of the CIP will appropriate the funds for this project. The project will
be advertised for bids in July, 1994 and it is expected that construction can begin in October, 1994.
FISCAL IMPACT: As indicated above, the CIP budget currently includes $218,750 in TDA funds and
Golf Course Revenue funds. The additional revenue to the City of $154,000 will be used toward the
construction of the subject project bringing the total to $372,750. The total estimated cost of the project
is $318,000. The excess funds will be used to reimburse the Golf Course Revenue Account.
SA:AS-0Q6
Attachments:
Exhibit A - Program snpplement Agreement)
Exhibit B - Resolution 17053, Approving applications for ~ing.
Exhibit C - Resolution 9421 approving the master agroome Trans.
Map showing project location "t'.
. ","t ~
WPC M:\home\engmeer\agenda\1970.94 ~u
If'' ;..
RESOLUTION NO. /7.5iIJ
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING PROGRAM SUPPLEMENT NO.
007 TO LOCAL AGENCY-STATE AGREEMENT FOR
FEDERAL AID PROJECTS NO. 11-5203 FOR THE
CONSTRUCTION OF PEDESTRIAN/BICYCLE TRAIL ALONG
SWEETWATER ROAD AND WILLOW STREET AND
AUTHORIZING THE CITY ENGINEER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY
WHEREAS, on March 30, 1993, by Resolution No. 17053, the
City Council approved the filing of application for Transportation
Enhancement Activities Program Funds under the Intermodal Surface
Transportation Efficiency Act (ISTEA) of 1991; and
WHEREAS, Resolution 17053 included an application for
first cycle funding for the construction of pedestrian/bicycle
trail along Sweetwater Road and willow Street, CIP No. (PR-153);
and
WHEREAS, the subject Program Supplement Agreement is the
final step required by CalTrans before releasing the project for
competitive bidding.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve Program Supplement
Agreement No. 007 to Local Agency-State Agreement for Federal Aid
Projects No. 11-5203 in the amount of $154,000 for the construction
of Pedestrian/Bicycle Trail along Sweetwater Road and willow
Street, a copy of which is on file in the office of the City Clerk
as Document No. (to be completed by the City Clerk in the
final document) .
BE IT FURTHER RESOLVED that the city Engineer of the City
of Chula vista is hereby authorized and directed to e cute said
agreement for and on behalf of the City of la vista
Presented by
oved jt;o
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
C: \ rs \!STEA
lyJ//S-f
1~
'~ROGRAM SUPPLEMENT NO. 007
to
LOCAL AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 11-5203
Date: June 3, 1994
Location: 11-SD -O-CHV
Project Number: STPLE-5203(002)
E.A. Number: 11-117244
This Program Supplement is hereby incorporated into the Local Agency-State
Agreement for Federal Aid which was entered into between the Local Agency
and the State on 12/19/78 and is subject to all the terms and conditions
thereof. This Program Supplement is adopted in accordance with Paragraph 2
of Article II of the aforementioned Master Agreement under authority of
Resolution No. , approved by the Local Agency on
(See copy attached) .
The Local Agency further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with the covenants or
remarks setforth on the following pages.
PROJECT TERMINI:
CHULA VISTA ALONG SWEETWATER ROAD AND WILLOW STREET.
TYPE OF WORK: CONSTRUCT BICYCLE/PEDESTRIAN TRAIL
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[ 1 Preliminary Engineering [l Right-of-Way [
[Xl Construction Engineering [Xl Construction
LENGTH: 0.3 (MILES)
Estimated Cost I
Federal Funds
Matching Funds
$
280000 33B $
$
Local OTHER
154000 $ 126000 $
o
OTHER
o $
o
CITY OF CHULA VISTA
STATE OF CALIFORNIA
Department of Transportation
By
By
DEPUTY DISTRICT DIRECTOR,
TRANS. PLANNING AND DEMAND MGMT.
Date
Date
Attest
Title
I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer ~~ ~~
Date b'"$- cry
$
154000.00
Chapter I Statutes I
Item
Year
Program
I Be I Fund Source
AMOUNT
S5 1993
2660-101~890
93-94
20.30.010.825
C 262040 S92-F
154000.00
Page 1 of 2
IS,f'
,,0
,
ll-SD -O-CHV .
STPLE-5203(002)
DATE: 06/03/94
SPECIAL COVENANTS OR REMARKS
1. All maintenance, involving the physical condition and the
operation of the improvements, referred to in Article VI
MAINTENANCE of the aforementioned Master Agreement will be
performed by the Local Agency at regular intervals or as required
for efficient operation of the completed improvements.
2. The Local Agency will advertise, award, and administer this
project and will obtain the State's concurrence prior to either
award or rejection of the contract.
3. The Local Agency agrees the payment of Federal funds will be
limited to the amounts approved by the Federal Highway
Administration in the Federal-Aid Project Agreement (PR-2)/Detail
Estimate, or its modification (PR-2A) or the FNM-76, and accepts
any increases in Local Agency Funds as shown on the Finance or
Bid Letter.or its modification as prepared by the Division of
Local Streets and Roads.
4. This Agreement supplements the Local Agency-State Master
Agreement with the understanding that all provisions of the 1991
Intermodal Surface Transportation Efficiency Act and CMAQ
provisions apply.
5. In accordance with the California Transportation Commission(CTC)
Resolution No. FP-93-37 passed on March 31, 1994 the maximum
Federal TEA funds available for this project are $154,000 unless
provided otherwise by the CTC.
6. In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforemention~d Master Agreement for
Federal-Aid Program.
7. Whenever the local agency uses a consultant on a cost plus basis,
the local agency is required to submit a post audit report cover-
ing the allowability of cost payments for each individual consul-
tant or sub-~ontractor incurring over $25,000 on the project.
The audit report must state the applicable cost principles utili-
zed by the .auditor in determining allowable costs as referenced in
CFR 49, part 18, Subpart C - 22, Allowable Costs.
Page 2 of 2
/yt
COUNCIL AGENDA STATEMENT
Item I b
Meeting Date 6/21/94
Resolution 17 f '/'1 Approving the submittal of one application for sixth
cycle funds of the StateILocal Transportation Partnership Program (SL TPP)
SUBMITTED BY: Director of Public wor~
REVIEWED BY: City Manager-J~ ~~ (4/5ths Vote: Yes_No..x.)
Senate Bill 300 created the State/Local Transportation Partnership Program (SL TPP) to identify and
construct locally supported projects with a minimum of State planning and review in order to
encourage local agencies to use funding sources other than Gas Tax for these projects. Staff has
prepared one application for sixth cycle funding under this program. In order that the application for
SL TPP funding may be considered, a Council resolution approving the submittal of the application
to the CalTrans Local Assistance Engineer is required. CalTrans is the agency administering this
program. Our application covers a Capital Improvement project along Otay Lakes Road immediately
north and south of East "H" Street. The project involves the widening of Otay Lakes Road to
accommodate dual left turn lanes in both directions.
ITEM TITLE:
RECOMMENDATION: That Council adopt a resolution approving the submittal of one application
for sixth cycle funding of the State!Local Transportation Partnership Program (SL TPP).
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In response to the extensive State-wide need for funding for the rehabilitation and upgrading of streets
and roads, the State legislature has established the State!Local Transportation Partnership Program
(SLTPP). The SLTPP offers an opportunity to construct projects which may not stand the traditional
test of State-wide significance but which are critically needed by a local community. The State
legislature intends to appropriate funding for the program for Fiscal Year 1995-96 by June 30, 1995.
At that time, the legislature will also determine whether this program will extend beyond the 1994-95
fiscal year.
The state share for each project is based upon the ratio of the estimated cost of the project as
compared to the cost of all projects included in that Cycle. This ratio is applied to the amount
budgeted by the state for the cycle. The maximum state share is set at 50% of project construction
cost less Federal funding for the project. In recent years, the state share has been approximately 21%
to 30%.
Projects submitted must meet the following eligibility requirements:
I. The project will increase the capacity of the highway or guideway or would extend
service to new areas or, in the case of a local road rehabilitation project, it would
extend the useful life of the roadway by at least 10 years.
/J./
Page 2, Item I"
Meeting Date 6/21/94
2. The applicant has committed itself or is capable of committing itself to the payment of
the local share to complete the project.
3. The project is not receiving any other State funds.
4. The applicant has completed or is capable of completing all project development work
so that the contracts for the project can be awarded no later than June 30, 1996.
5. Improvements to State highways are consistent with the State/Federal standards and are
designed to minimize long-term maintenance costs.
6. The cost estimate included in the application is reasonable.
Eligible projects include only those with local or Transnet funding. Chula Vista has one project which
meets Cycle 6 funding involves a Capital Improvement project along Otay Lakes Road from
approximately 500 feet north of East "R" Street to 300 feet south of East "R" Street. The project will
widen Otay Lakes Road to accommodate dual left turn lanes in both directions. The City's share of
funding for the proposed project will be appropriated from DIP monies.
Our application for the Fifth Cycle of the subject program was approved by the City Council on June
22, 1993 by Resolution 17153. Said resolution approved the submittal of the following nine projects:
PROJECT TITLE
PROJECT LIMITS
APPLICATION
AMOUNT
$122,400
SLTPP
MAX. MATCH
$61,200
Widening and Reconstruction Between Otay River Bridge and
on Otay Valley Road, Phase northerly limits of Otay Rio
.....................~.............................................................j...~.~~.~~~~!.??:.......................................................;..........................................)..........................................
2. Widening and installation of ! Northbound 1-805 on-ramp to Plaza ! 200,000 ! 100,000
additional turn lane on Bonita ! Bonita Road ! !
.....................~?~.~.......................................................1..................................................................................L........................................1..........................................
3. Widening and installation of ! Southeast comer of Fourth and i 338,200 i 169,100
street improvements on ! Orange Avenues ! !
Orange Avenue, Library site ! !!
................................................................................................................................................................................................................................................................
4. Widening of East "H" Street. i Paseo Del Rey to Tierra Del Rey in i 600,000 i 300,000
! Rancho Del Rey Commercial Center ! !
................................................................................................................................................................................................................................................................
5. :;~~0:1 ! Otay Lakes Road to Central Avenue I 282,500 ! 141,250
................................................................................................................................................................................................................................................................
6. Widen the westbound ! Otay Lakes Road & Bonita Road! 75,000 : 37,500
.....................~~~.~~.~~~...?~..':'.?~~..~?~.?..............L~~~~~~~........................................................L.......................................L.......................................
7. Construction of i Proctor Valley Road to Telegraph i 2,670,000 i 1,335,000
Hunte Parkway i Canyou Road i i
................................................................................................................................................................................................................................................................
8. Widen east and westbound i East "H" Street and Dtay Lakes i 160,000 ! 80,000
approaches of East "H" Street ! Road intersection ! !
.......................................................................................~..................................................................................~..........................................~..........................................
9. Widening and installation of i Central Avenue to San Miguel Road ! 590,400 i 295,200
street improvements on l l l
Bonita road i i i
1.
TOTALS I
$5,038,500
$2,519,250
It ".2.
Page 3, Item / "
Meeting Date 6/21/94
In addition, on June 13, 1993, the City of Chula Vista requested the roll-over of five projects from
Cycle 4 to Cycle 5 bringing the total number of projects in Cycle 5 to fourteen. This rollover was
approved by CalTrans.
Staff has recently submitted a letter to CalTrans requesting that nine of the fourteen projects in cycle
5 be rolled over to Cycle 6 and allowed one project to be dropped from the program. This project,
"L" Street Reconstruction between Melrose and Nacion, was submitted in anticipation that the project
would be included in the CIP. Due to a lack of funds and other higher priority projects, it was not
included in the CIP as adopted by the Council. This leaves four projects in Cycle 5 (Exhibit A). The
list of all the projects to be rolled over from Cycle 5 to Cycle 6 is listed on Exhibit B. The primary
reason for the rollover is the possibility that we may be unable to award the construction contracts on
these projects prior to June 30, 1995 which is a requirement for Cycle 5. Cycle 6 projects may be
awarded as early as July I, 1994 and as late as June 30, 1996. Therefore, the requested rollover will
not eliminate the possibility that we could award these projects earlier, but it gives more time to award
and preserves our ability to get SL TPP funding. Therefore, this request is consistent with Council's
actions on the CIP.
The City of Chula Vista will, therefore, have 10 projects in Cycle 6 of the SL TPP program (Exhibit
"en).
A copy of the application is on file in the City Clerk's office for Council review.
FISCAL IMPACT: Maximum potential revenues to the City for all 10 projects in the amount of
approximately $7.9 million. Actual amount will be dependent on the number of projects approved and
the computed percentage of State share.
SMNlFile:KY -179
WPC F:\HOME\ENGINEERIAGENDA\SLTPP.94
It-Jp6-Lf
RESOLUTION NO.
/7.>'"+'Y
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SUBMITTAL OF ONE
APPLICATION FOR SIXTH CYCLE FUNDS OF THE
STATE/LOCAL TRANSPORTATION PARTNERSHIP PROGRAM
(SLTPP)
WHEREAS, Senate Bill 300 created the State/Local
Transportation Partnership Program (SLTPP) to identify and
construct locally supported projects with a minimum of State
planning and review in order to encourage local agencies to use
funding sources other than Gas Tax for these projects; and
WHEREAS, staff has prepared one application to CalTrans,
the Agency administering the State Local Transportation Partnership
Program, and is submitting said package for Council's approval; and
WHEREAS, in order that the application for SLTPP funds
may be considered, Council must approve the submittal of the
application to the CalTrans Local Assistance Engineer; and
WHEREAS, the City'S application covers a Capital
Improvement project along Otay Lakes Road immediately north and
south of East "H" Street involving the widening of Otay Lakes Road
to accommodate dual left turn lanes in both directions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve the submittal of one
application for Sixth Cycle Funds of the State/L al Transportation
Partnership Program (SLTPP).
C:\,s\SLTPP
Of~V
d, City
Presented by
John P. Lippitt, Director of
Public Works
/~-f//6-6
EXHIBIT "A"
CITY OF CHULA VISTA
STATE / LOCAL TRANSPORTATION PARTNERSHIP PROGRAM
(SLTPP)
PROJECTS TO REMAIN IN CYCLE 5
SLTPP
No PROJECT TITLE PROJECT LIMITS APPLICATION MAX. MATCH
AMOUNT @50%
1 Otay Valley Road - Phase III From North of Bridge to * $605,000 $302,500
Includina Bridae Widenlna Otav Rio Business Park
2 East "H" Street Widening - Rancho Del Rey Commercial Cent * $638,352 $319,176
3 Orange Avenue Widening - At Fourth Avenue (Library Site) $338,200 $169,100
4 Bonita Road Widening - Between 1-805 and Plaza Bonita * $465,000 $232,500
North Side
TOTALS $2,046,552 $1,023,276
(F:\..\sltpp\A1I3-94A)
* REVISED ESTIMATES - JUNE 1994
II, , ?
-
EXHIBIT II B II
CITY OF CHULA VISTA
STATE / LOCAL TRANSPORTATION PARTNERSHIP PROGRAM
(SLTPP)
PROJECTS TO BE ROLLED OVER FROM CYCLE 5 TO CYCLE 6
SLTPP
No PROJECT TITLE PROJECT LIMITS APPLICATION MAX. MATCH
AMOUNT @50%
1 1-805/ Telegraph Canyon Road 1-805/ Telegraph Canyon Road $1 ,200,000 $600,000
Phase II Interchange
Improvements
2 1-805/ East "H" Street - Phase II 1-805/ East "H" Street $3,200,000 $1,600,000
Interchange Improvements,
Orange Avenue - behNeen
3 Orange Avenue / Hunte Parkway Hunte Parkway & Wueste Road; $6,057,000 $3,028,500
Street Construction Hunte Parkway - behNeen
Clubhouse Drive & Orance Avenue
4 Broadway Widening from Naples Street to Anita Street $1,350,000 $675,000
& Reconstruction
5 Bonita Road Widening At Otay Lakes Road $75,000 $37,500
For Dual Turn Lanes
6 East "H" Street Widening At Otay Lakes Road $160,000 $80,000
7 Bonita Road Widening Otay Lakes Road to Central Avenue $282,500 $141,250
8 Construction of Hunte Parkway Proctor Valley Road to $2,670,000 $1,335,000
Telecraoh Canvon Road
9 Bonita Road Widening San Miguel Road to Central Avenue $590,400 $295,200
TOTALS $15,584,900 $7,792,450
(F:\..\s~pp\A113-94B)
6/3/94
/~ -?"
EXHIBIT II C II
CITY OF CHULA VISTA
STATE / LOCAL TRANSPORTATION PARTNERSHIP PROGRAM
(SL TPP)
PROPOSED CYCLE6 PROJECTS
SLTPP
No PROJECT TITLE PROJECT LIMITS APPLICATION MAX. MATCH
AMOUNT @50%
1 1-805 / Telegraph Canyon Road 1-805/ Telegraph Canyon Road $1,200,000 $600,000
Phase II Interchange
Improvements
2 1-805 / East "H" Street - Phase II 1-805 / East "H" Street $3,200,000 $1,600,000
InterchanQe Improvements,
Orange Avenue - between
3 Orange Avenue / Hunte Parkway Hunte Parkway & Wueste Road; $6,057,000 $3,028,500
Street Construction Hunte Parkway - between
Clubhouse Drive & OranQe Avenue
4 Broadway Widening from Naples Street to Anita Street $1 ,350,000 $675,000
& Reconstruction
5 Bonita Road Widening At Otay Lakes Road $75,000 $37,500
For Dual Turn Lanes
6 East " H" Street Widening At Otay Lakes Road $160,000 $80,000
7 Bonita Road Widening Otay Lakes Road to Central Avenue $282,500 $141,250
8 Construction of Hunte Parkway Proctor Valley Road to $2,670,000 $1,335,000
TeleQraph Canyon Road
9 Bonita Road Widening San Miguel Road to Central Avenue $590,400 $295,200
From a Point Approx. 500' North of
10 Otay Lakes Road Widening East "H" Street to a Point Approx. $215,000 $107,500
For Dual Left - Turn Lanes 300' South of East "H" Street
TOTALS $15,799,900 $7,899,950
(F:\..\s~Pp\A 113-94C)
6/3/94
/"...~
COUNCIL AGENDA STATEMENT
Item /7
.
Meeting Date 6/21/94
ITEM TITLE: 1/ Resolution /7.5'IJ Approving Supplemental Subdivision Improvement
Agreement Requiring Developer to Comply with Certain Unfulf1l1ed
Conditions of Resolution No. 16903 Approving a Tentative Subdivision
Map for Championship Classics II, and Authorizing the Mayor to Execute
Same
B
Resolution J ,fiiAPproving Final Map and
Improvement Agreement for Chula Vista Tract 92-04,
Classics II
-"PWiliOw...J! ~
City ManagerJG ~ ~
Subdivision
Championship
SUBMITTED BY:
REVffiWED BY:
(4/Sths Vote: Yes_No X )
On November 24, 1992 by Resolution 16903, the City Council approved the Tentative
Subdivision Map for Chula Vista Tract 92-04, Championship Classics II. The final map for said
tentative map is now before Council for approval.
RECOMMENDATION: That Council adopt the resolutions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The project is generally located on the southerly side of Clubhouse Drive between Eastlake
Parkway and future South Greensview Drive in the EastLake Greens development and consists
of 10 numbered lots containing 78 condominium units, 7 lettered lots (A-G) for private street
purposes, one lettered lot (H) for private recreational purposes, and one lettered lot (I) for open
space and other public purposes.
The final map for Chula Vista Tract 92-04, Championship Classics IT has been reviewed by the
Public Works Department and found to be in substantial conformance with the approved tentative
map. Approval of the final map constitutes acceptance on behalf of the City of Chula Vista of
easements with the right of ingress and egress for: 1) the construction and maintenance of
public sewer, general utility and access upon and across private streets (Lots A, B, C, D, E, F,
and G); and 2) the construction and maintenance of public sewer facilities within Lot 4. In
addition, approval of the final map constitutes acceptance of a 10' general utility easement within
/7-/
Page 2, Item 17
Meeting Date 6/21!9i
Lot I; and rejection of the open space lot (I) within the subdivision, all as shown on the fmal
map. The open space lot will be maintained by the Eastlake Master Homeowners' Association
and, therefore, does not have to be accepted at this time. However, should the open space lot
not be maintained to City standards, the City reserves the right to accept it in the future per
Section 66477.2 of the Subdivision Map Act, in order to maintain it by the Open Space district.
The developer has provided bonds to guarantee construction of the required public improvements
(CV drawings 93-661 through 93-669), paid all applicable fees, and has provided a cash bond
to guarantee the monumentation for said subdivision.
Conditions of Approval which will be met with approval of the Supplement Subdivision
Improvement Agreement are:
1. Condition 2 which required the developer to comply with, remain in compliance with,
and implement, the terms, conditions and provisions of the EastLake II General
Development Plan, EastLake Greens Sectional Planning Area Plan, EastLake Greens
Planned Community District Regulations, the EastLake Development Agreement, the
Water Conservation Plan and Air Quality Improvement Plan for EastLake Greens, the
Regional Air Quality Plan, Design Guidelines and the Public Facilities Financing Plan
approved by the Council (Plans) as are applicable to the property prior to approval of the
Final Map or enter into an agreement with the City assuring that the developer shall
continue to comply with, remain in compliance with, and implement such Plans and
agree to waive any claim that the adoption of a fmal Water Conservation Plan or Air
Quality Improvement Plan constitutes an improper subsequent imposition of the
condition;
2. Condition 16 which required the developer, as successor in interest to EastLake, to
comply with the Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage
Agreement approved by Resolution 15449;
3. Condition 19 which required the developer to hold the City harmless from any liability
for erosion, siltation, or increased flow of drainage resulting from this project.
4. Condition 20 which required the developer to permit all franchised cable television
companies equal opportunity to place conduit and provide cable television service to each
lot;
5. Condition 21 which required the developer to hold the City harmless for any claim or
action against the City with regard to the approval of this subdivision;
6. Condition 22 which required the developer to authorize the City to withhold building
permits for any unit(s) in the subject subdivision if Regional development threshold limits
set by the East Chula Vista Transportation Phasing Plan have been reached or if Traffic
/ 7~.2
Page 3, Itemfl
Meeting Date 6/21/94
volumes, levels of service, public utilities and/or services exceed the adopted City
threshold standards;
The Supplemental Subdivision Agreement also requires the developer to comply with all
applicable sections of the Chula Vista Municipal Code, including Code requirements listed as
Conditions 3, 8, and 29-32, prior to issuance of any Building Permits for the project. All other
conditions of approval have been satisfied.
It should be noted that the [mal Air Quality Plan and Water Conservation Plan for Eastlake
Greens were approved by the City Council on November 24, 1992 at the same meeting the
Championship Classic II tentative map was approved. The project will be required to comply
with all aspects of these plans with or without a supplemental subdivision agreement. The
attached memorandum from the Planning Department dated June 10, 1994, details how the
developer has complied, or will comply, with said plans. The City Attorney reports, however,
that the supplemental agreement will provide additional legal remedies should the project fail to
remain in compliance with these plans.
A plat is available for Council viewing.
FISCAL IMPACT: Not applicable.
Attachments:
Subdivision Improvement Agreement NOT SCANNED
Supplemental Subdivision Improvement Agreement V
Disclosure Statement
Conditions of Appr
Plat & Transpar
Improvement
Resolutions
Excerpt
Mem
....~~
~ -~1.
f Subdivision
. .
....,
s
oving Agreements (2)
inutes of 11/24/92 Council Meeting
m Dated 6/10/94
.',
'-I.
File: BY -366
F:\HOME\ENGINEER\AGENDA\classic2.Imc
061594
/7-;1 /17-1
JUH-16-94 THU le:~B
'.
f -
P.B2
",
~J7
-
ReCording Reque.ted By:
City of Chula Vista
WHEN RECORDED RETURN TO:
City of Chula Vista
276 Fourth Avenue
Chula vista, California 91910
Attention: City Attorney
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
CHtJLA VISTA TRACT 92-04
CHAMPIONSHIP CLASSICS II
THIS AGREEMENT ("Agreement") is entered into this of June
1994, between PARCEL R-24/R-2S LIMITED PARTNERSHIP, a California
limited partnership ("R-24/R-2S") and THE CITY OF CHULA VISTA, a
municipal corporation ("City").
Ii .& ~ I I It ~ ~:
A. R-24/R-25 is the owner and developer of that certain real
property generally described as Lot 3 of Chula Vista Tract No. 88-
3, EastLake Greens Phase 1D, in the City of Chula Vista, County of
San Diego, according to Map thereof No. 12831, filed in the Office
of the County Recorder of San Diego County on June 20, 1991,
("Property"), and commonly known as the Championship Classics II
Project.
B. The City granted R-24/R-2S ..lpproval of a tentative
subdivision map for the Property, which subdivides the Property
into seventy-eight (78) condominium units ( II proj ect "), together
with various conditions of approval ("Conditions") pursuant to
Re.olution No. 16903 dated November 24, 199'-. The deseriottqn of
the conditions in this recital section of this Agreement is
intended only to summarize and paraphra:Je :Jueh eonditions in the
Resolution, and is not intended herein to modify or explain them,
and is not intended as a basis for inter?reting them.
C. R-24/R-2S submitted to the City the Final Map ("Map") for
the Property and anticipates that the City Council will approve the
Map on or before July 29, 1994. '
D. Item 2 of the Conditions requires R.,24/R-25 to either (a) I
comply with, remain in compliance with. and implement, the terms,
conditions and provisions of the Eastlakc II General Development
plan, EastLake Greens Sectional Planning Ar~a Plan, the EastLake
Oevelopment Agreement, and the Water ConvC'rsation Plan, Air Quality
Improvement Plan, Design Guidelines and the Public Facilities
-
1101).01'-11Gl,rQM 0'1'"
-1-
)/~S
'1--.,-
'tU
I. ~
Financing Plan approved by the Council (" t'lans ") as are applicable
to the Project, prior to approval of the Final Map, or (0) enter
into an agreement with the City, providing the City with such
lIecurity (including recordation of covenants running with the land)
and implementation procedures as the City may require. assuring
that, arter approval of the Pinal Map. the developer shall continue
to comply with, remain in compliance with. and implement such
Planll.
E.
various
time or
Item 3 of the Conditions requires R-24!R-25 to pay
fee II applicable to the Project in amounts in affect at the
issuance.of building permits.
F. Item 8 of the Conditions requires R-24!R-25 to submit
plans showing the design and location of a project identification
sign to the Director of Planning for review and approval.
G. Item 16 or the Conditions requires R-24!R-25 to comply
with the Telegraph Canyon Ballin Sewer Monitoring and Gravity Basin
Usage Agreement approved by Resolution 15449. and pay applicable
basin fees as may be adopted by City Council as provided in said
agreement.
~ Item 19 of the Conditions requires R-24/R-2S to hold the
City harmless from any liability for erosion, siltation, ox
increased flow of drainage resulting from the Project.
~ Item 20 or the Conditions requires R-24!R-25 to permit
it" l'Illi\'L:i.Uec1 fn.m:llhe<1 'i:ii.tlle tdevi~ion l;omT;1aniu eQ\l1l
opportunity to place conduit and provide cable television service
to each condominiu~ in the Project.
~ Item 41 of the Conditions requires R-24/R-25 to defend,
indemn1fy, and hold harmless the City and its agents, officers. and
employees. from any claim, action or proceeding against the City,
or its agents, orricers, or employees to attack. set aside. void or
annul any approval by the City, including approval by its IIlanning
Commission, City Councilor any approval by its agents. officers.
or employees with regard to development of the Property provided
the City promptly notifies R-24!R-2S of any claim, action or
proceeding, "nd on the rurther condition that the City fully
cooperates in the defense.
~ Item 22 of the.Conditions requires R-24!R-25 to authorize
the City to withhold building permits for any condominium in the
project if either of the following occur:
1. Regional development threshold limits set by the
East Chula Vista Transportatl.on Phasing Plan are
reached; or
11013.01'.~161.FCM 06169.
-2'
/7,(,
/C\
'n
JUN-16-~4 TMU ~~.~~
,
2.
Traffic volumes, levels of
utilities and/or services exceed
threshold standards.
service, public
the adopted Ci ty
L. Item 29 of the Conditions requires R-24/R-25 to comply
with all applicable sections of the Chula Vista Municipal Code.
M. Item 30 of the Conditions requires R-24/R-25 to
underground all utilities within the Project.
N. Item 31 of the Conditions requires R-24/R-25 to provide
residential fire' sprinkler systems as determined by the Fire
Marshal.
O. Item 32 of the Conditions requires R-24/R-25 to develop
the Project in a manner consistent with the EastLake Greens SPA
Planned Community District Regulations, subject to the approval of
the Director of Planning.
P. R-24/R-25 and the City de$ire to enter into this
Agreement to comply with and satisfy the requirements of Conditions
frtr.i3, 18, 16, 19 thro~i..Il~"',~,,..i.J:1c.~1:\sive, and 29 through 32,.
. 118 VI:.
NOW, THEREFORE, in consideration ot the foregoing Recitals,
and the terms and conditiol1s set forth herein. R-24/R-25 and the
City acknowledge the following:
1. Unperformed Conditions of Approval. R-24/R-25
agrees to comply with all the Conditions of the tentative
subdivision map which remain unperformed at the time of the filing
of the Map, including conditions 2, 3, 8, 16. 19, 20, 21, 22, 29,
30, 31, and 32 which read as follows: --.. -.-.-=-::-~':.::-~:.:::--=':::-"
"2. Unless otherwise conditioned. the developer
shall comply with, remain in compliance with, and implement,
the terms, conditions and provisions of the Eastlake II
General Development Plan, EastLake GreenS Sectional Planning
Area Plan, the EastLake Development ~greemen~, and the Water
Conversation Plan, Air Quality Improvement Plan, Design
Guidelines and the Public ~acilities Financing Plan approved
by the Council ("plans") as are applicable to the property
which is the subject matter of this Tentative Map, prior to
approval of the Final Map. or shall have eneered into an
agreement with the City. providing the City with such security
(including recordation of covenants running with the land) and
implementation procedures as the City may require, assuring
that, after approval of the Final Map, the developer shall
continue to comply with. remain in compliance with, and
implement such Plans. Developer shall agree to waive any claim
11013.011.11'1.FCM 0'1'"
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that the adoption of a final Water Conversation Plan or Air
Quality Plan constitutes an improper' subsequent imposition of
the condition."
"3. Pay fees applicable to
accordance with the City Code and Council
but not limited to:
the project, in
Policy, including
_. The Public Facilities Development Impaet
Fees.
b. The Eastern Chula Vista Transportation
Development Impact Fees (DIFl. A portion of the
Transportation DIF is funded through Assessment District
90-3. The balance due to increased density is payable.
C. Signal Partieipation Fees.
d. All applicable Sewer fees, ineluding but
not limited to sewer eonnection fees.
Pay the amount of said fees in affect at the time of
. issuance of building permits. The developer is advised
that fees periodically change, and that it is the
developer's responsibility to contact the appropriate
City department or government agency to ascertain the
amount of a given fee aue at the t,l.me of colleetion."
"S. Submit plans showing the design and location of
a project iaentification sign to the Director of Planning for
review and approval. The identification sign shall contain the
name of the complex ana a location map, shall be internally
lit and not exceea the maximum dimensions as authorized in
Section 19:60 of the Munieipal Code. The sign shall be placed
prominently at the entrance. The design and materials shall be
complementary to and compatible with the approved
architectural design of the projecc."
"16. Ae suecessor in interest to EastLake, comply
with the Telegraph Canyon Basin Sewer Monitoring and Gravity
Basin Usage Agreement approve a by Resolution 15449, and pay
applicable basin fees as may be adopted by City Council as
provided in said agreement." .
"29. 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 anc1 Subdivision Manual."
"30.
8ubaivision in
Underground tall utilities within the
accordance with Municipal Code requirements."
.....
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1101J.011'1111.PCM 0111"
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"31. Provide some lots with residential fire
sprinkler systems due to access requirements as determined by
the Fire Marshal."
"32. Make all proposed development consistent with
the EastLake Greens SPA Planned Community District
R.egulations, subject to the approval of the Ilirector of
Planning. "
The parties agr.. that the failure to millet ~uch conditione Ch111
not constitute a ~asie for the City to deny recordation of the Map,
o~elieve R-24/R-2S from performing such conditions in a diligent
and t1mely manner.
2. Drainaae Indemnitv - condition 19a In satisfaction
of item 19 of the Conditions, R-24/R-25, on behalf of itself and
its successors and assigns, hereby agrees to indemnify, defend, and
~ela t~. Oity ~a~Mlc.. i~eM Afty liaeility aue te c~e8ieft, siltaeieft
or increased flow of drainage resulting from construction of the
improvements associated with the final maps for the. Property.
The city hereby agrees and acknowledges that execution of this
Agreement satisfies item 19 of the Conditions for the Project.
3. Cable Television - Condition 20. In satisfaction of
item 20 of the Conditions, R-24/R-2S agrees to permit all qualified
eable televiaiel'l eelllpafties ~~aMfthel! I:.y the City equal ':'~~':'1:t\.ll\ity
to place conduit to and provide cable television service for each
condominium in the Project. Notwithstanding the foregoing, R-24/R.-
2S shall 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. In addition, the provisions of this
paragraph, and the obligations contained herein are applicable only
as long as such acc.ss is coordinated with the construction
schedule of R-24/R-2S and does not require the trenches to be
reopened to accommodate the placement of such conduits. R-24/R-2S
hereby conveys to the City the authority to enforce said covenant
by such remedies as the City determines appropriate, including
revocation of said grant upon a determination by the City that
conditions of the grant were violated.
The City hereby agrees and acknowledges t:hdt execution of this
Agreement satisfies item 20 of the Conditions for the Project.
l1D13.Qll-l1'1.rCM 0'16'6
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4.. Subdivii~on Man Indemnity - Condition 21. In
satisfaction of item 21 of the Conditions, R-24/R-25, on behalf of
itself and its successors and assigns, hereby agrees to defend.
indemnify. and hold harmle.. the City and i.cs agents, officers, and
employees, from any claim. action or proceeding against the City,
or its agents, officer., or employees to attack, set aside, void or
cUlu~l .lIlY ......J.vv..l Ly Lh.. C.i.ty, .i.u..lu..l.i...~ cct')iI';\Jv'.l 1;.y .i.L.. Pl.......i.,~'i:I
commi..ion, City Councilor any approval by its agents, officers.
or employees. with regard to the Project provided the City promptly
notifies R-24/R-2S. or its successors. of any claim. action or
proceeding and on the further condition t.hat the City fully
cooperates in th& defense.
The City hereby agrees and acknowledges that execution of this
Agreement satisfies item 21 of the Conditions for the Project.
S. Buildina Permits - Condition 22. In satisfaction of
item 22 of the Conditions, R-24/R-25 hereby grants the City the
right to withhold building permits for any improvements on the
Property at such time as anyone of the following occur:
a. The pUblic facilities monitoring program. as
provided for in the EastLake I Public Facilities Financing Plan
("PFFP") for the Project. indicates that required facilit.ies as
identified in the PFFP or any revisions thereto have not been
provided. as reasonably determined by the City Engineer and/or
Director of Planning.
b. Traffic volumes, levels of service, utilities
and/or services exceed the adopted City threshold standards for
those public streets directly impacted by the Project.
The City hereby agrees and acknowledges that execution of this
Agreement satisfies item 22 of the Conditions for the Project.
6. ~i8cellaneous.
6.1 Noticf!s. Unless otherwise provided in this
Agreement or by law, any and all notices required or permitted by
this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the party to
whom it is directed, or in lieu thereof, when thr-ee (3) business
days have elapsed following deposit in the U.S. mail. certified or
11013.0'1,'161.PCM 0616"
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JUH-16-94 THU 11:~3
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registered mail, return receipt requested, first-class postage
prepaid, addressed to the address indicated herein.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Engineering Department
~ARCEL R-24/R-25 LIMITED PARTNERSHI~
c/o Cottage Development
209 Avenida Del Mar, Suite 204
San Clemente, CA 92067
A party may change such addre.s for the purpose of this paragraph
by giving written notice of such change to the other party in the
manner provided in this paragraph. Facsimile transmission shall
constitute personal delivery.
6.2 captions. Captions in this Agreement are
inserted for convenience of reference and do not define, describe
or limit the scope or intent of this Agreement or any of its terms.
6.3 Entire Aareement. This Agreement contains the
entire agreement between the parties regarding the subject matter
hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other
agreement between the parties unless expressly noted.
6.4 Preoaration of Aareement. No interference,
assumption or presumption shall be drawn from the fact that a party
or his attorney prepared and/or drafted this Agreement. It shall
be conclusively' presumed that both parties participated equally in
the preparation and/or drafting of this Agreement.
6.5 Recordina. This Agreement, or an abstract
hereof, prepared by either or both parties, may be recorded at the
option of either party.
6.6 Recitals. Any recitals set forth above are
incorporated by reference into this Agreement.
6.7 Attornev' y Fa...!>. III Lht:! eV<:!lIL (,),[ .my dispute
arising out of this Agreement, the prevailing party in any action
shall be entitled to reasonable attorney's fees in addition to any
other costs, damages, or remedies fixed by the court.
6.8 Inurement.
nG.8., Aareement Bindina to Subseauent Owners.
.i.his ,^greemen~'~ bt:! binding upon l:lnd inure to c.he benefit
of the successors, assigns and interests of the parties as to
11011.01'-11'1.FCK 0'1"4
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any or all of the Property until released by the mutual
consent of the parties,
~6,8.2 Aareement Runs with the Land, The
burden of the covenants contained in this Agreement ("Burden")
i. for the benefit of the land owned by the City adjacent to
the Property. The Burden touches and concerns the Property.
It is the intent of the parties, and the parties agree, that
this covenant shall be binding upon, and run with, the
ownership of the land which it burdens. The burden of this
Agreement shall be released from title, as eo an individual
unit within'the Project upon the sale of any such unit, If
requested by R-24/R-25, City shall execute a quitclaim
releasing the burden of this Agreement from the title to any
such units. If R-24/R-25.assigns any portion of the Property
subject to the burden of this Agreement, R-24/R-25 shall have
the right to obtain a release of any of R-24/R-2S's
obligations under this Agreement provided R-24/R-2S obtains
the prior written consent of the City to any such release.
City shall not withhold its consent to any such request for a
release a. long as the assignee demonstrates, to the
reasonable satisfaction of the City, its ability to perform
its obligations under this Agreement as it relates to the
portion of the Project which is being acquired by the
assignee.
(intentional left blank)
1101'.Q~'-1161..OM 0'16'4
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P.1Gl1
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be effective as of the day and year first hereinabove
set forth.
Dated:
,{:~
THE CITY OF CHULA VISTA,
a California municipal
corporation
Tim Nader, Mayor
Attest:
Beverly Authelet, City
Clerk
Approved as to Form:
Bruce M. Boogaard, City
Attorney
Dated:
,1:~
PARCEL R-24/R-25 LIMITED
PARTNERSHIP, a California
limited partnership
By:
1101J.Oll-1161.FCM 0'1'94
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MEMORANDUM
June 10, 1994
SUBJECT:
Gena Franco, Civil Engineer
Steve Griffm, AICP, Principal Planner ~
Martin Miller, Associate Planner.~\;\l~
PCS-92-04: Final Subdivision Map Supplemental Agreement for Chula Vista
Tract 92-04, Championship Classics II
TO:
VIA:
FROM:
In response to comments from the Mayor on the status of Championship Classics II as related
to Condition 2, which requires that the Developer "comply with, remain in compliance with, and
implement, the terms, conditions and provisions" of various plans of the tentative map approval
per Resolution 16903, please note below how the developer has complied or will comply with
the following plans. The A-1l3 on this item has been revised to clarify the intent of Condition
2.
Air Ouality Improvement Plan for EastLake Greens:
.
1.
Bicycle and pedestrian trails. As a whole, there were no general pedestrian or bicycle
trails called for within the boundaries of Championship Classics II. They are adjacent
to the project, but within EastLake Greens.
2. Implementation of air quality measures per the Uniform Building Code. Necessary
insulation and energy consumption by major household appliances.
3. Compliance with traffic threshold standards by meeting level-of-service "C" or better,
which has been assured. This is overseen by the Growth Management Oversight
Committee.
4. Provision of commercial, entertainment and public facilities within the overall project --
this has been provided.
Rel!ional Air Quality Plan:
1.
A Regional Air Quality Plan has not yet been adopted. It will mainly provide for
regional measures such as ride sharing. However, project specific requirements would
likely involve restrictions on stationary sources such as dry cleaners (commercial) and
barbecues (private).
.
2. The provisions of the Regional Air Quality Plan will consist of regional regulations. It
. /
J7~ /'1
Gena Franco
Page 2
June 10, 1994
.......
\
will apply to all developments and is not based on subdivision conditioning.
Water Conservation Plan for EastLake Greens:
1. Water conservation literature is given to homeowners at time of purchase (see attached).
2. Reclaimed water -- a dual piping system has been included and separates reclaimed water
from potable water for irrigating public areas such as street medians, golf courses, etc.
3. The Uniform Building Code requires low-flow water fixtures (shower heads, faucets,
toilets, etc.).
4. Water management plan for private open space areas: This will be submitted with the
landscape plan and is physical not operational; that is, the City requires certain types of
hardware and piping to ensure water conservation. Once installed, no monitoring is
required. The Otay Water District, on the other hand, has its own parameters which are
operational and which they monitor. For example, anyone using more than a certain
amount of water may be charged a "penalty" for using too much.
cc:
Bob Leiter, Director of Planning
John Lippitt, Director of Public Works
.......
.......
//
/7-- /-r
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RESOLUTION NO.
17.5/;3
.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT REQUIRING
DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED
CONDITIONS OF RESOLUTION NO. 16903 APPROVING A
TENTATIVE SUBDIVISION MAP FOR CHAMPIONSHIP
CLASSICS II, AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
WHEREAS, on November 24, 1992, by Resolution No. 16903,
the City Council approved the Tentative Subdivision Map for Chula
Vista Tract 92-04, Championship Classics II; and
WHEREAS, certain conditions for the recording of final
maps required by Resolution No. 16903 have not yet occurred at the
time of the adoption of this resolution; and
WHEREAS, the Developer of the subdivision desires to have
the Final Map recorded at this time; and,
,-...
WHEREAS, city is willing to allow the recording of the
Final Map at this time upon execution by the Developer upon, among
others, the execution of an agreement ("Supplemental Subdivision
Improvement Agreement") requiring Developer to perform the
unfulfilled conditions of approval at a later time; and,
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula Vista does hereby approve the Supplemental
Subdivision Improvement Agreement to Perform Unfulfilled Conditions
of Tentative Subdivision Map approval, known as document number
(to be completed by the City Clerk in ,the final
document), a copy of which is on file in the office of the City
Clerk.
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.
Presented by
Approved as to form by
,-...
John P. Lippitt, Director of
Public Works
Bruce M. Booqaard, City
Attorney
C:\rl\C1IIIII.SIA
\ '1 A- \
I~A ..J -
Recording Requested By:
City of Chula Vista
.
WHEN RECORDED RETURN TO:
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Attention: City Attorney
SUPPI.1P.M1nITAL SUBDIVJ:SION IMPROVEMENT AGRBBMENT
CBULA VISTA TRACT 92-04
CHAMPIONSHIP CLASSICS II
THIS AGREEMENT ( "Agreement" ) is entered into this of
November, 1993, between PARCEL R-24/R-25 LIMITED PARTNERSHIP, a
California limited partnership ("R-24/R~25") and THE CITY OF CHULA
VISTA, a municipal corporation ("City").
R ~ .Q ~ 1: 11 11 ,a:
A. R-24/R-25 is the owner and developer of that certain real
property generally described as Lot 3 of Chula Vista Tract No. 88-
3, EastLake Greens Phase 1D, in the City of Chula Vista, County of
San Diego, according to Map thereof No. 12831, filed in the Office .
of the County Recorder of San Diego County on June 20, 1991,
("Property"), and commonly known as the Championship Classics II
Project.
B. The City granted R-24/R-25 approval of a tentative
subdivision map for the Property, which subdivides the Property
into seventy-eight (78) condominium units ("Project"), together
with various conditions of approval ("Conditions") pursuant to
Resolution No. 16903 dated November 24, 1992.
C. R-24/R-25 submitted to the City the Final Map "( "Map") for
the Property and anticipates that the City Council will approve the
Map on or before July 29, 1994.
D. Items 19 and 21 of the Conditions require, respectively,
R-24/R-25 to (1) hold the City harmless from any liability for
erosion, siltation, or increased flow of drainage resulting from
the Project, and (2) 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
development of the Property provided the City promptly notifies R-
11013.01S.1161.PCM 121793
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290/R-25 of any -claim, action or proceeding and on the further
condition that the City fully cooperates in the defense.
E. Item 20 of the Conditions requires R-24/R-25 to permit
all qualified franchised cable television companies equal
opportunity to place conduit and provide cable television service
to each condominium in the Project.
F. Item 22 of the Conditions requires R-24/R-25 to authorize
the City to withhold building permits for any condominium in the
Project if either of the following occur:
J.. Regional development threshold limits set by the
East Chula Vista Transportation Phasing Plan are
reached, or;>
2. Traffic volumes, levels of service, public
utilities and/or services exceed the adopted City
threshold standards.
G. R-24/R-25 and the City desire to enter into this
Agreement to comply with and satisfy the requirements of Conditions
J.9 through 22.
NOW, THEREFORE, in consideration of the foregoing Recital, and
the terms and conditions set forth herein, R-24/R-25 and the City
acknowledge the following:
1. Unnerformed Conditions of A'D'Oroval.
agrees to comply with all the Conditions of the
subdivision map which remain unperformed at the time of
of the Map, including Conditions ~, 8, J.6, 29, 30, 3J.,
specifically Condition 3, which reads as follows:
R-24/R-25
tentative
the filing
and 32 and
.
"3. Pay fees applicable to the project, in
accordance with the City Code and Council Policy,' including
but not limited to:
a. The Public Facilities Development Impact
Fees.
b. The Eastern Chula Vista Transportation
Development Impact Fees (DIF). A portion of t.he
Transportation DIF is funded through Assessment District
90-3. The balance due to increased density is payable.
c. Signal Participation Fees.
d. All applicable Sewer fees, including but
not limited to sewer connection fees.
l1D13.018.1161.FCH 121"3
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Pay the amount of said fees in affect at the time of
issuance of building permits. [R-24/R-25] is advised
that fees periodically change, and that it is [R-24/R-
25' s] responsibility to contact the appropriate City
department or government agency to ascertain the amount
of a given fee due at the time of collection."
The parties agree that the failure to meet such conditions shall
not constitute a basis for the City to deny recordation of the Map,
or relief R-24/R-25 from performing such conditions in a diligent
and timely manner.
2. Indemnities - Conditions 19 and 21. In compliance
with items 19 and 21 of the Conditions, R-24/R-25, on behalf of
itself and its successors and assigns, hereby agrees to (1)
indemnify, defend, and hold the City harmless from any liability
due to erosion, siltation or increased flow of drainage resulting
from construction of the improvements associated with the final
maps for the Prop~rty, and (2) defend, i~demnify 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 Council
or any approval by its agents, officers, or employees with regard
to the Project provided the City promptly notifies R-24/R-25 or its
successors of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense.
The City hereby agrees and acknowledges that execution of this
Agreement satisfies Conditions 19 and 21 for the Project.
3. Cable Television Condition 20. Pursuant to
Condition 20, R-24/R-25 agrees to permit all qualified cable
television companies franchised by the City equal opportunity to
place conduit to and provide cable television service for each
condominium in the Project. Notwithstanding the foregoing, R-24/R-
25 shall restrict access to the conduit to only those franchised
cable television companies who are and remain in compl~ance 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.
The City hereby agrees and acknowledges that execution of this
Agreement satisfies Condition 20 for the Project.
11013.011-1161.FCM 121793
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4. Buildina Permits - Condition 22. R-24/R-2S hereby
grants the City the right to withhold building permits for any
improvements on the Property at such time as anyone of the
following occur:
a. The public facilities monitoring program, as
provided for in the EastLake I Public Facilities Financing Plan
(npFFP") for the Project, indicates that required facilities as
identified in the PFFP or any revisions thereto have not been
provided, as reasonable determined by the City Engineer and/or
Director of Planning.
b. Traffic volumes, levels of service, utilities
and/or services exceed the adopted City threshold standards for
those public streets directly impacted by the Project.
The City hereby agrees and acknowledges that execution of this
Agreement satisfies Condition 22 for th~ Project.
5. Miscellaneous.
S.l Notices. Unless otherwise provided in this
Agreement or by law, any and all notices required or permitted by
this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the party to
whom it is directed, or in lieu thereof, then three (3) business
days have elapsed following deposit in the U.S. mail, certified or
registered main, return receipt requested, first-class postage
prepaid, addressed to the address indicated below:
,
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Engineering Department
PARCEL R-24/R-2S LIMITED PARTNERSHIP
c/o Cottage Development
209 Avenida Del Mar, Suite 204
San Clemente, CA 92067
A party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party in the
manner provided in this paragraph.
S . 2 Catltions. Captions in this Agreement are
inserted for convenience of reference and do not define, describe
or limit the scope or intent of this Agreement or any of its terms.
5.3 Entire Aareement.
entire agreement between the parties
hereof. Any prior oral or written
This Agreement contains the
regarding the subject matter
representations, agreements,
l1D13.D18-1161.PCM 121"3
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understandings, and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other ~.
agreement between the parties unless expressly noted.
5 .4 Preoaration of Aoreement. No interference,
assumption or presumption shall be drawn from the fact that a party
or his attorney prepared and/or drafted this Agreement. It shall
be conclusively presumed that both parties participated equally in
the preparation and/or drafting of this Agreement.
5.5 Recitals. Any recitals set forth above are
incorporated.by reference into this Agreement.
5.6 Attornev's Fees. In the event of any dispute
arising out of this Agreement, the prevailing party in any action
shall be entitled to reasonable attorney's fees in addition to any
other costs, damages, or remedies fixed by the court.
5.7 Inurement. This Agreement shall be binding
upon and insure to the benefit of the successors, assigns and
interests of the parties as to any or all of the Property until
released by the mutual consent of the parties. The burden of the
covenants contained in this Agreement ("Burden") is for the benefit
of the land owned by the City adjacent to the Property. The Burden
touches and concerns the Property. It is the intent of the
parties, and the parties agree, that this covenant shall be binding
upon, and run with, the ownership of the land which it burdens. ~
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be effective as of the day and year first hereinabove
set forth.
Dated:
, 1993
THE CITY OF CHULA VISTA,
a California municipal
corporation --
By:
Tim Nader, Mayor
Dated:
, 1993
PARCEL R-24/R-2s LIMITED
PARTNERSHIP, a California
limited Partnership
By:~-e:-':"'~
Maurice Yang
~
Approved as to form by:
CITY ATTORNEY
11013.01B-l161.FOM 121793
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RESOLUTION NO. I 751 r
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT 92-04, CHAMPIONSHIP CLASSICS II,
ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA
THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION, REJECTING ON BEHALF OF THE CITY
OF CHULA VISTA THE OPEN SPACE LOTS GRANTED ON
SAID MAP WITHIN SAID SUBDIVISION, AND
APPROVING SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby finds that that certain map survey
entitled Chula Vista Tract 92-04 CHAMPIONSHIP CLASSICS II, and more
particularly described as follows:
Being a subdivision of Lot 3 of Chula Vista
Tract 8-3, EastLake Greens, Phase I 0, in the
City of Chula Vista, County of San Diego,
State of California, according to Map thereof
No. 12831 filed in the office of the County
Recorder of San Diego, June 20, 1991.
Area: 7.935 acres
Numbered Lots: 10
Number of Units: 78
No. of Lots: 19
Lettered Lots: 9
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
.
BE IT FURTHER RESOLVED that Lot I is hereby dedicated for
Open Space, public utilities and other public uses.
BE IT FURTHER RESOLVED said Council hereby accepts on
behalf of the City of Chula Vista the easements with the right of
ingress and egress for the construction and maintenance of sewer
within Lots 4 and "I", street tree planting and maintenance, a
general utility easement along Lot H and general access easements
within Lots A, B, C, 0, E, F and G, inclusive, all as granted and
shown on said map within said subdivision, subject to the
conditions set forth thereon.
.
BE IT FURTHER RESOLVED that the city Clerk of the City of
Chula Vista be and she is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that aid lot is dedicated for
1
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Open Space and other public uses, and that those certain easements
with the right of ingress and egress for the construction and ~
maintenance of sewer, street tree planting, general utility, and
general access, as granted thereon and shown on said map within
said subdivision is accepted on'behalf of the City of Chula Vista
as hereinabove stated.
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the for the
completion of improvements in said subdivision, a copy of which is
on file in the office of the City Clerk as document number
(to be completed by the City Clerk in the final document).
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and he is hereby authorized and directed to execute
said agreement for and on behalf of the City of Chula Vista.
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Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
Bruce M. Boogaard, city
Attorney
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Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION DlPROVDBNT ,loGREBHBNT
THIS AGREEMENT, made and entered into this day of
, 199__, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and
PARCEL R-24/R-25 LIMITED PARTNERSHIP, a California Limited Partnership
hereinafter called "Subdivider";
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WHEREAS, Subdivider is about to present to the city Council of
the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as
Chula Vista Tract 92-04, Championship Classics II
pursuant to the provisions of the Subdivision Map Act of the State
of California, and in compliance with the provisions of Title 18 of
the Chula Vista Municipal Code relating to the filing, approval and
recordation of subdivision map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
. have either installed and completed all of the public improvements
"and/or land development work required by the Code to be installed
in Subdivisions before final maps of subdivisions are approved by
the Council for purpose 'of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an aqreement with City, .ecured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map ~y the Council, to enter into
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thIs agreement wherein it is provided that Subdivider will. install ~
and complete, at Subdivider's own expense, all the public
improvement work required by city in connection with the proposed
subdivision and will deliver to city improvement securities as
approved by the city Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 16903 , approved on the 24th day of
November , 19~(.Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the city Engineer, as
shown on Drawings Nos. 93-661 and 93-669 ,
on file in the office of the City Engineer, and
WHEREAS, an estimate of the cost o~.constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of
Three Hundred Six Thousand Eight Hundred Dollars and no/100ths ($306.800.00)
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. SUbdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to city, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the city Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which doc~ents have
heretofore been filed in the office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will. install temporary street name
signs if permanent street name sign$ have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the third anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform ""'"'"
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
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occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
or structures in said subdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall. not be required to
cover the provisions of this paragraph.
s. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions. of the ordinances of
the City of Chula Vista, and the laws of the state of California
applicable to said work.
6. SUbdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the city in the sum
of One Hundred Fifty-Three Thousand Four Hundred and no/l00ths Dollars
($153,1100.00).
which security shall guarantee the faithful performance of this
contract by Subdivider and is attached hereto, marked Exhibit "A"
and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
city of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of One Hundred Fifty-Three Thousand Four Hundred and no/l00ths Dollars
($153,1100.00)
to secure the payment of material and labor in connection with the
installation of said public improvements, which security is
attached hereto, marked Exhibit "B" and made a part hereof and the
bond amounts as contained in Exhibit "B", and made a part hereof.
8. subdivider further agrees to furnish and deli~er to the
city of Chula Vista, simultaneously with the execution of this
agreement, ~X~lt~XJlIL~xl..ax.x~x
~,xlWllCS8:~IOYt...tllJlJ~IC~.~Ult)j'CtP.IUiXntll
lOCllc. cash bond In the amount of Five Hundred Dollars ($500.00)
copy of slad check Is attached
to secure the installation of monuments, which :.LJ_~lbP:lIUa.Il.11
hereto, marked Exhibit "C" and made a part hereof.
g. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by city for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the city Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
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city, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof ~,
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the City any
difference between the total costs incurred to perform the work,
including desiqn and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula vista, or any
department, board or officer. thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved imprClvement
security in accordance with the requirements of the state
Subdivision Map Act and the provisions of Title 18 of the Chula
Vista Municipal Code. '
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan, checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the city Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with city a sum of money sufficient to cover said cost.
""'"
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to city, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that city, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of SUbdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the ~
City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
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of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this aqreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
indemnification and aqreement to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or .iltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage .ystems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the SUbdivision pursuant to said
approved improvement plans. The provisions of this paraqraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider aqrees to defend, indemnify, and hold harmless.
the City or 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, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in Section 66499.37 of the Government Code of the
State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
aqreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA
Mayor of the City of Chula
Vista
ATTEST
City Clerk
Approved as to form by
City Attorney
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SUBDIVIDER: PARCEL R-211/R-25
LIMITED PARTNERSHIP, a California Limited
Partnership
By: Chanco Development Corporation - East
Highlands, a Delaware Corporation,
~rtner
~ce Ya~;; ";;dent
(Attach Notary Acknowledgment)
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STATE OF CAUFORN
COUNT); OF
On ~. -y, / 'f~ before me,
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personally appaarad
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to me on the basis of I8lisIactory evidence) to be the person(s) whose name(s) islara subscribed to the wiIIlin
Instrument and acknowtadgad to me thai helshaIIhey execuIad \he sarna In hislherJlheir _ad capacity(ies),
and thai by hlslher/lheir ligna\In(s) on \he 1ns\Jumenl\he person(s) Of \he entity upon behalf of which the
person(s) lICIad, execu\ad \he inslrument.
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LIST OF EXHIBITS
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Exhibit "A"
Improvement Security - Faithful Performance
Form: Bond
Amount: $153,1l00.00
Exhibit "B"
Improvement Security - Material and Labor:
Form: Bond
Amount: $153,1l00.00
Exhibit "C"
Improvement Security - Monuments:
Form: Check
Amount: $500.00
Securi ties approved as to form and amount by
city Att.orney
Improvement Completion Date: December 31, 19911
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
Report on Industrial Zoning Policy
Director of Planning :tJt ~ .
Community Development Director (,.
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City Manager t/ r; ~ t
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SUBMITTED BY:
REVIEWED BY:
(4/Sths Vote: Yes_No...K.)
Council Referral No.2728
The City Council has previously directed staff to inform them regarding land use proposals
which would result in non-industrial development of property which is zoned for industrial uses.
In addition, Council has requested staff to prepare a draft Council policy to address concerns
regarding the possible economic and fiscal impacts of such land use changes. The following
report addresses these issues, and contains a draft Council policy for preliminary review.
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RECOMMENDATION: It is recommended that Council accept the report, and direct staff to
refer the draft Council policy to the Economic Development Commission and Planning
Commission for review and comment, prior to final action by the Council.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
As indicated above, the City Council has previously directed staff to prepare a draft Council
policy regarding industrially zoned land (see attached City Council minutes of 212/93). The
three major concerns to be addressed in this policy included:
1) Industrially zoned property within Chula Vista is of high interest to the City Council,
with sufficient coverage so zoned to insure the City's ability to retain, recruit, and/or
expand manufacturing entities; therefore, industrial acreage considered for zone change
would normally require similar zoning offset elsewhere in the City before approval.
2) Each planned community shall have industrial acreage to ensure that City services are
funded within the community, plus 15% to offset recession.
3) No negotiation for the rezoning of industrial property should occur without authorization
first being obtained from the Council.
In response to Council direction, staff has kept the City Council informed on various land use
proposals which would involve non-industrial use of land which is zoned for industrial
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Meeting Date ~ -?j """"
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development, In addition, staff has worked with the Economic Development Commission and
its economic consultant, , Iiams Kuebelbeck, to analyze the availabili of industrially zoned
land in the City. The fi report by Williams - Kuebelbeck, entitl "City of Chula Vista
Targeting and Developme Strategies," was completed and dis uted to the Economic
Development Commission City Council in January.
The Williams - Kuebelbeck s dy indicates that the City has app ximately a 39 year supply of
industrial land, and that this re esents an adequate supply for foreseeable future. However,
it also suggested that the City consider a long-term policy 0 maintain a 50-year supply of
industrial land, in the event that conomic conditions shoul change.
Notwithstanding the fact that the 'ty has a relatively larg ventory of undeveloped industrially
zoned property, it is important tha any proposals to al w non-industrial use of such property
be carefully evaluated to ensure t they do not suit in negative economic or fiscal
consequences to the City, Therefor, staff is reco ending consideration of a draft Council
policy which would establish an e luation proc ss for any such land use proposals (see
Attachment 2). Briefly this evaluatio process w Id include the following:
zone;
""""
1) continued early notification of th City, ouncil of any land use proposals involving:
a)
om Industrial to another land use category;
b)
c)
2) a preliminary review City staff to dete . e whether the proposal could result in a
significant fiscal or onomic impact to the ity;
3) ignificant economic or fi impact could result, an "economic and
fiscal impact ysis" would be prepared by C staff, in consultation with the project
applicant, u . !Zing readily available information analytical models;
4) this sis would be reviewed by the Economic De elopment Commission, ifrequested
by the '&"pplicant or City staff, and would then be fo ed to the Planning Commission
and City Council for consideration in conjunction wi ublic hearings on the proposal.
It is staff's opinion that this approach would provide the d ision makers with relevant
information regarding the possible economic and fiscal consequences of these types of proposals,
without causing any delay in the processing of such requests, and with a minimal impact on the
project applicant, """'"
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FISCAL IMPACT: There would be additional staff costs associated with preparation of
economic and fiscal impact reports. If directed to proceed with this draft policy, staff will
prepare estimates of these costs for consideration at the time of final adoption of a policy by the
City Council.
(F: \homelplannin&lindzon,all)
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EXCERPT FROM CITY COUNCIL MINUTES OF 2/2/93
Minutes
February 2. 1993
Page 11
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, i. Direc:tion to staff regarding ronsideration of rezoning of industrial land. Staff rerommended that
f- Council establish a policy of the Council that no negotiation for the rezoning of industrial propeny should
. t lICrur without authorization lint being obtained from the Counril.
i,MS (MooreINader) cIirec:t staff to IUbmit a CoundI policy that DOted the foUowing: 1) Industrial zoned
~Vl'"" t, within Clula Vista is of high interest to the City CoundI with IUftident CCJ9'a'age 10 zoned to insure
the City's ability to Main, reauit and/or ezpand manufarturing entities. In this regard, City staff will advise
1hose that inquire of the CounrD policy that industrial aaeage ronsidered for zone c:hange would norma11y
( nquire simDar industrial zoning off-set elsewhere in th~ City before approval. 2) Eac:h planned rommunity
man baYe industrial aaeage to insure that City Rn'ic:es funded within the _unity plus IS'llo to off-set
nc:ession.
. Mayor Nader stated he would support the motion as it would bring back a policy. He lIIggested that the
"mfr _endation also be approved.
1
,...........1m"" Moore, as the maker of the motion, qreed to the inclusion of the staff _endation.
. VOlE ON MOTION: "t'p,~ unanimously.
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ATTACHMENT 1
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ATIACHMENT 2
DRAFT INDUSTRIAL ZONING POUCY
A. Staff shall provide the City Council with early notification, through a Council
Information Memo, of any proposals which are filed with the City involving the
following:
1. General Plan Amendment from Industrial to another land use category
2. Re-zoning from Industrial to another zoning category
3. a Conditional Use Permit which would allow a non-industrial use in an
industrial zone.
B.
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C.
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In conjunction with preliminary City staff review of any such proposals, a
preliminary evaluation of the economic and fiscal impacts of the proposal shall
be made by Community Development Department, Finance Department, and
Planning Department staff, and shall be presented to the City Manager or his
designee. Based on this preliminary evaluation, in cases where it is determined
by the City Manager or his designee that such a proposal may result in a
significant change in the economic impact or fISCal impact to the City, as
compared to the current land use designation, an economic and fiscal impact
analysis shall be prepared.
The economic and fISCal impact analysis shall be prepared by City staff, in
consultation with the project applicant, using readily available information and
analytical models. The analysis shall include the following:
1. evaluation of the job creation potential of the proposed use, (including
both quantity and quality of jobs), as compared to the currently allowed
uses;
2. evaluation of the fiscal impacts of the proposed use (revenues and costs
to the City) as compared to currently allowed uses;
3. evaluation of other economic impact factors, such as impacts of the
proposed change on the viability of adjoining and nearby industrial
properties (developed or undeveloped);
4. in the case of a proposed land use change in a planned community, the
evaluations described above shall address not only the specific property in
question, but also the overall planned community.
D. At the request of the applicant, or the City Manager or his designee, the
economic and fiscal impact analysis shall be forwarded to the Economic
Development Commission for review and comment.
E.
The report, and any comments submitted by the Economic Development
Commission, shall be forwarded to the Planning Commission and City Council
for consideration in conjunction with public hearings on the proposal.
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F.
In cases where the economic impact analysis indicates that a proposal would have
an adverse impact on job creation opportunities or other negative impacts on
economic development, staff shall provide the Planning Commission and City
Council with alternatives which could address these negative impacts. Such
alternatives could include:
1. redesignation or rezoning of offsetting acreage to industrial ,in another
location;
2. changes to the proposed project which would reduce its negative impacts.
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COUNCIL AGENDA STATEMENT
1<1
Meeting Date / ~ 4 ("/z,\ l'i~
Report on Proposed Focused Planning Area Criteria for the Multiple
Species Conservation Program
Director of Planning Iff! /
City Manager 1G ? (II (4/Sths Vote: Yes_No.xJ
In January 1994, the City Council appointed Councilman Bob Fox to participate on a policy
committee for the Clean Water Program Multiple Species Conservation Program. On
February 28, the MSCP Policy Committee requested that the participating jurisdictions provide
input regarding recommended criteria for forming a "focused planning area," which would
define a study area for a future regional habitat reserve system within the Clean Water Program
service area. The purpose of this report is to obtain input regarding the draft focus planning
area criteria, as well as an alternative approach which was recently approved by the City of San
Diego. .
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
RECOMMENDATION: That Council conceptually endorse the approach to delineation of a
"focused planning area" as recommended by the City of San Diego, and authorize its
representative on the MSCP Policy Committee to recommend that this approach be refined to
be more directly applicable to Chula Vista and the other participating jurisdictions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On February 28, the MSCP Policy Committee referred the attached draft "Recommended
Criteria (policy Statement) for Forming a Focused Planning Area" to the local jurisdictions for
review (see attachment I). These criteria were prepared by a jurisdictional technical committee
made up of staff from the five jurisdictions which are participating on the Policy Committee
(City of San Diego, County of San Diego, Chula Vista, Poway, and Santee). The purpose of
these criteria was to provide policy direction in the preparation of a "fifth alternative," to be
considered along with four other draft "preserve planning area" alternatives which have been
prepared and included in the working draft of the MSCP Plan. The other four alternatives are:
1)
Coastal Sa~e Scrub lCSS) Alternative (84,900 acres) which was developed to meet the
minimum criteria for satisfying the State's Natural Community Conservation Program
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(NCCP) Conservation guid ines for CSS target species (California gnat
cactus wren, and orange-thr ated whiptail);
2) (147,000 acres) was developed to m t preserve design
and species in addition to CSS;
3) . II ~ rr iv (185,700 acres) includes I the core biological
resource areas and linkages, as well as all public lands suppo ng valuable habitat;
4) Public Lands Alternative (147, 0 acres) focuses on prese ation of public lands and
existing and planned open space, d linkages between thes areas. This alternative was
submitted for consideration by th Alliance for Habitat onservation, an organization
representing several major proper! owners within the s dy area.
As drafted, the criteria for delineating a fth alternative re intended to create a focused
planning area which would achieve a bal ce among bi logical, land use, and economic
objectives. With regard to biology, the cri ria provide or formation of a multiple habitat
preserve system which would provide for the overy 0 core populations of federal and state
listed animal and plant species, as well as Iinka s betw n these core populations land adjacent
biological resources. In addition, the criteria ere s ecifically directed to include sufficient
coastal sage scrub and gnatcatcher populations 0 eet NCCP guidelines. In addition to """"\
biological considerations, the criteria provide for co deration of land use and economic factors.
These land use and economic factors include uti]" tion of public and private lands that are
already conserved as habitat or for open spaces, or r otherwise constrained from development.
In addition, these criteria provide for conside on 0 existing general plans and community
plans, as well as avoiding lands which are need d for p lic infrastructure and public facilities.
proposal by Mayor Susan Golding
to adopt an alternative approach to deli neat" n of a focus lanning area for Multiple Species
Conservation Program. Under Mayor G ding's proposal ( ttachment 2), specific objectives
regarding amount of habitat acreage (15 ,000 to 165,000 acre within the MSCP study area,)
as well as numbers of species (41 prio ty species and 59 total pecies) would be established.
The process of drawing focused planni g area boundaries to meet ese species goals would start
with the "Public Lands Alternative." Under the Public Lands Al rnative, the emphasis is on
utilization of available public land as well as lands which are desi nated in local general and
community plans for permanent pen space. To these lands, would e added habitat required
for the protection of all federal and state listed species, species pr sed for listing, and
Category 1 candidate species which are considered to be likely for listi in the near future.
This approach was approved by the San Diego City Council on April 26, an was recommended
by them for consideration by other jurisdictions. On May 26, the MSCP Policy Committee
voted to refer the City of San Diego alternative approach back to the local jurisdictions for
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Page 3, Item Ii I q
Meeting Date ~ "'/t.1/'1'l
review. along with the previously described alternative which was prepared by the Jurisdictional
Technical Committee.
ANALYSIS:
The focused planning area criteria which were developed by the jurisdictional technical
committee provide a comprehensive approach toward the development of a focused planning
area. However, they do not establish specific habitat conservation goals, and would require
significant additional discussion and analysis in order to formulate a consensus regarding the
number of species which would actually be preserved.
.
In contrast, the City of San Diego alternative provides more specific goals regarding habitat
conservation criteria, as well as a more specific process for meeting those goals. In addition,
by starting with lands shown in the Public Lands Alternative, including all public and privately
dedicated habitat lands and linkages, as well as all lands shown as open space in updated or
existing community and general plans, and approved project plans, the planning process takes
advantage of lands which are known to be in many cases readily available to be included in a
habitat conservation plan. Furthermore, by focusing on the addition to the Public Lands
Alternative of habitat areas required for the protection of certain specific species, it would
appear to be a simpler process to actually define the focused planning area boundary under this
alternative. This approach appears to be preferable for communities like Chula Vista, where
general plans and specific plans have been adopted for the entire study area.
Therefore, staff would recommend that the general approach which is included in the City of
San Diego's alternative be pursued and supported at the Policy Committee. It is recognized that
the language contained in the City of San Diego's alternative was specifically designed to deal
with the City of San Diego's General Plan Area, however, and staff should be directed to work
with the City of San Diego and the other jurisdictions to develop language that would apply
more generally to the City of Chula Vista and other participants in the program. Specifically,
there is a need to clarify the method by which habitat needs for species which are located in
multiple jurisdictions will be met, and how equity considerations among jurisdictions will be
addressed.
Also attached is a letter from the Endangered Habitats League, dated March 15, which suggests
a third approach to the delineation of focused planning areas. This approach is based on
consideration of a map included in the working draft MSCP Plan, known as the .Core Biological
Resource Area Map.. While staff agrees that the information contained on this map will be
useful in the preparation of a final MSCP Plan, we feel that the boundaries shown on this map
include numerous areas within the Chula Vista Planning Area and elsewhere which do not appear
viable for inclusion in a final preserve plan. In addition, this approach, as we understand it,
is similar to the Biologically Preferred Alternative, which is already contained in the Working
. Draft MSCP. Therefore, while this information should be considered in the planning process,
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Page 4, Item I yj 19
Meeting Date ~ ~
we feel that the approach suggested in the City of San Diego alternative is preferable at this time
in developing a "fifth alternative" focused planning area.
Resoonse to Written Comments Received by City Council on May 24
This report originally appeared on the agenda of the City Council meeting of May 24. At that
time, an additional written communication was received from Tricia Gerrodette, representing
the Sierra Club (see Attachment 4).
The comments contained in this written communication are similar to those included in the
previously referenced letter from the Endangered Habitats League, dated March 15. As
indicated in response to that letter, it is staff's position that the Biologically Preferred Alternative
in the working draft MSCP already reflects the "core biological resources areas and constrained
linkages" referenced in this letter. A major purpose of the "fifth alternative" is to determine
whether an alternative which focusses on the use of areas already designated for preservation in
adopted General Plans and specific plans can meet multiple species preservation goals in a more
economically feasible manner.
FISCAL IM:PACT: Not applicable.
~
Attachments:
1. Recommended Criteria (Policy Statement) for Forming a Focused Planning Area
2. Mayor Golding's proposal to adopt an alternative approach to delineation of focused planning area for Multiple
Species Conservation Program
3. Endangered Habitats League letter of March 15, 1994
4. Written Communication from Tricis G~rrodette, Sierra Club, dated May 24, 1994.
(f:\bome\planning\fpamscp.rpl)
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ATTACHMENT 1
". '"
e
2128194
ltECOMMENDED ClUTElUA (POUCY STA'I'EMENTS) POR
POlUdING A POCUSED pLANNING A'RZA
~: 'I1le fo11owin& criteria are ftlCOIDIDIIIlIe by tbc Jurisdiction Technical eommiuce
., be .-I ill deJjncatin& . FocuSO" PJI1lftll\& Area for the draft NSCP Plan. Oace. FocuSed
pjlftftllll Area is drawn, . specific ana1yIis of Ibe bioJoIical,1UId use IDClICOIIC)IIIic effectS will
a.e prepared IDCI iDc1uded ill the public revieW draft of the NSCP Plan. Tbe pocusec.' Planninl
/ufA. will Deed to achieve . balance "'CCIl bioloaical, land use and ~ DOmic objectives, and
will DOt be able to meet 111 of the criteria equaUy. Tbe pocuSO" PIannini Area 1iDeI ill the draft
MSCP also do DOt ~ ~-u~y reflect areas ill which specific CEQA Ii&nifi~ detIl'miDations
. m1tiprinn sequiremellts wiD be imposed OIl dcYe10pmeIlt projectS.
r..-t'lmmended A~on: APPROVE the use of Ihese criteria by die IDeal jurisdictions for
dt'l..-ril\i . Pocused Planninl Area.
BIOLOGY
1.
Porm . multi-habitat preserve system that iDc1udes IDCI assists ill die ftt#tcry of the core
populations of federal and Slate listed animal and plant species, iDc1udinl by linka&es
lletwCleI\ these core populations and with Idjacent bioloaical resources ill the lCiion.
Maximize the iDc1usion of species that.are candiclales for listini and nxe habitats to
preclude the Deed for future Jistinls of species as threatCI\ed or endan&ered.
.
Jnc1ude sufficient c:oasta1l1ie scrub and pu:ateber populations ., meet the state's
Natural Communities ConseMtion Propm (NCCP) luidelines and to eventllll1y replace
the interim 4d/NCCP ie&u1ations.
..
3.
LAND USE AND ECONOMICS
6.
Belin buildinl the Focused P!annin& Area with public IDCI privue lands that are already
CIlIIlse:rved as habitat or for open space pmposes.
lIIc1ude III tbc Poc\JIed PJannin& Area lands which lie already ClClDItrIiDed by IDeal
nautations. IUCb as Sleep slopes and floodplains. 'Ibis ~ I ,-u lIW.mJ-"~y 50"
of privue lands III the study ...
Jl-,.jlGIate within tbc Poa!.... p},_11\& Atfa privIIa Jands dill wm be ~,....... througb
,,"811\& Jand use .,"-s.. .
"J1Ie Pocu'" PJaMiDI Area shclu1d avoid, .. porn-Je.... with ..........Iies III II1II11
. fD&mIIlted ownenbiPS IDClIhoWd pllft;'ftl"" effeett OIl aistinI deft10peCllaDd UICS.
Avoid lands which are _I r t1eII for public ~ IDCI public fvllIties.,
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Jlec:OmmencSed FP A Criteria
February 28. 1994
Page 2
9. Select lands to minimize the Ileed to cbanie Joca1 Qenera1 and Comml.lJlity plans and
lledevC10pment Plans and to minimize economic lmpICtS. while reco&Nzini tbat it may
lie desirable to amend land \lie plans to meet nsource Ileeds.
DEJJNE.AnoN OF FOCUSED PLANNING AP:EA lINES
10. To Provide the specificity and ISS\1I'IIlCCS 11 f - ~". by the nsource aaencies to eventually
issue permits. draw firmer Jines around public )ands tbat are aJJcady CIOIlSCf\'ed or
designated for open space. A commitment to preserve 90 . 95~ or dlae atrcady
conserved public lands should be feasible.
11. "Include 100 ~ of privately-owned lands that are aJJcady dedicated for open space.
12. Provide more flexibility in the lineS for:
.. public lands that are ptanned for 1IJban or active ncreation \IJeS
b. private lands that are ptanned for UJban \IJeS. or which are planned for low
density development in the more distant future
,
13. bfer to the four examples prepared (c:oasW sage. multi-habitat. biologically preferred """"
and public lands) as a beginning for the FocllSed ptanning Area delineation.
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SUSAN GOLDING
MAV_
Apri~ 15, 1994
Robert Leiter
Chu1a vista planning Department
276 Fourth Avenue #401
Chula Vista, CA 91910
Dear Robert:
ATTACHMENT 2
J. :
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~he Multiple species Conservation Program alternative 1 proposed at
City Council on Tuesday, which was unanimously adopted, will return
~o Council on April 26th.
1 wanted to make sure you had a copy of ~he proposal and ~he
specific procedure I am recommending to create ~is alternative.
1 believe ~ha~ this is an environmentally sound approach and one
~hat is sensitive ~o the business and economic needs of ~he region.
~he proposal will expedite the preservation of a comprehensive
system of open space and habitat in ~e city of San Diego and ~e
development of areas not determined necessary for ~e system.
.
~e proposal recommends ~he preservation of all of ~he 41 priority
species plus 18 others. It is based on biology with overlays of
existing public and private lands dedicated as open space
incorporated as well as existing plans, both community and ~e
General plans. Economic ramifications will also be an overlay and
~oqether, ~e combination of ~ese ~ree elements will create ~e
preserve line.
1 apprecia~e your interest and hope to keep .oving in ~e positive
direction ~at vas established yesterday at council.
Sincerely,
SUSAN GOLDING
Mayor
city of San Diego
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DOCKET SUPPORTING INFORMATION
CITY OP' ...... OII:GO
SU."I:CTI .
Multiple Species Conservation Program (MSCP) - Preserve Alternative
ACKGROUNCI (OOUal..lI: SPACE!
On April 12, 1994, Mayor Golding recommended a preserve alternative, which was approved by the Council
with the request that language be brought back to Council describing the proposal. The following represents
the Mayor's alternative, which is reCommended for inclusion in a Public Review Draft MSCP Plan.
GOAL: The creation of a preserve system that is biologically viable and economically feasible through the
following criteria:
1. Habitat acreage of 155,000 to 165,000 with a cost of $450-650 million.
2. 'Preserving 70-80% of the l;liological core areas and 50-60% of the conidors.
, 3. :Protecting 41 priority species and 59 total species. .
. , .
PROCESS
#"~ .s::fAf.e--t ,.", .
1. Draw hard lines around a preserve system within the City of San Diego. .,.rl<.'''j wif(.. IJ^", ~ 11-1,.("/" :s
2. Use the biological cores and linkages map as a refe!ence.
3. Start with all land shown on the Public Lands Alternative, which includes all public and privately dedicated
habitat lands and linkages.
. Include all lands shown as open space in updated or existing community, general plans and proposed proje
plans. .
5. Add the habitat required for the protection of all Federal and State listed species, species proposed for listing
and. catego!)' 1 Candidate species.
6. Provide for contiguity and configuration through the application of specific sufficiency standardllk C S
7 K th . ed 1 d . .' _,!,,,,,,uf ~7 C,'I-, (;"",;.,"1.
. eep e acqulr an at a nummum.' "
8. Save major concentrations of species in step 5 and maximize restoration and enh~cement of habitat to
ensure the long tem viability of those species.
9. Create a phasing plan with priorities for the acquisition of the habitat over time as funds become available
. with highest prionty being the acquisition of coastal sage scrub habitat in private hands.
RESULTS
a. Preserve all priority species; Federal and State listed, proposed and category 1 Candidate species.
b. Protect the habitat of as many Category 2. Habitat Indicators and State Species of Concern as possible.
c. Provide for sufficient contiguity and configuration of preserve.
aVL.INllz .DepUTY C.,TY MO"'OW:::"T. MEAD/AUTHOIll INITIALS)
ONRAD/SCHLESINGERIMLB
.,GN.."U"as, ~ . .
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OIll'OINA G DEPT. M&AD "1 q: ~
I"'" MANAGE"
C"O" MA"".&"IA~ DE"","TMCNT. ONLY J
...
ATTACHMENT 3
MM 2 , ~4
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ENDANGERED HABITATS LEAGUE .
. 11' .... It... "'........ I(c;.III "'" SaW'" OI/wf IL.A....I&.A."-
. Dan 5iJYer . Caordlnator
1C4A Slnta Mcmlca Blvd. IS92
LalAnp1es. CA ~210
'rE1./fAX 213.654'1456
March 15, 1994
Mayor and City Council
CitY of Quia 'Vista
P.O. Box 789
Qula Vista, CA 91910
REo: Multiple Species Conlel'WtiolfPavpm (NSCP) Focull"" Planninl Areas
Honorable Mayor ad Counci1members:
'('be &Idanaered Habilllts l.ea&ue is a ~on of Soutbem CaJifamia CIOIIJII'YIlion
IfOUPs and individUals dedicated to ecosystem ~on and i~ land use plannin&. We
(,elieve that . I'JCeM~ul Multiple S~ Conservation Pl~ Is abIolute1y euential to tile
future economic; health and quality Of life of die San J>ie&o resion.
Delineation of Focused PJannina Areas (FPAs) is. aec;csslIr)' first step for plan
implemenllltion. and we strOnlly urae ~ die initiation of this p...MS. Bec;ause tile
FP As win live dUec;tion to all future P '. it is Wal that tile criteria youel for their
....elopment be sound. We would Uke to tbe cue that tbe fPAs should be multiple blbilIlt in
lICOJle and bioloaic;ally-based. And they Ibould 1IICX)IIl~ -lIS utorrillR JJOimfortktailtd/ilnlrt
paM;", _ tile -core bioloBic:al resource areas and consi:tained 1iDJl:a&eS-ldentified by die MSCP
ac;ientific; c:onsu11ants u a result of tbei.r two yars of stUdy.
III tbe MSCP WodWla Draft. tbe core biolOlica1 resource areas are defined u "areas
IlJPPOItina a hiJh concentration of IeIlsitive bioloafc:al resources which, if lost or fralmented.
coUld not be nutipted ebewbere. Core areas sbould be tbe basis for desianinJ tbe praerve
system boundaries u part of the subarea ~nina ploc:ess, i.e., unfraamented core IeI(lUfCe areas
Ibould be induded within the final t" UVVC boundaries.- .
There are If,MIal ~ >>JOU III ~lj"'il1& tbe clear ~cy tbat die Focu.....
....1"1 ~ should be baled on die core bioIoaica1l'11ClU1'Ce ... UeIdy ideMl~:
. Only tbiI.........ch dials with die tel-rific ..uties ofblbltat iDd .. I cfIe$
ClDIIMIV8Iion .1leyODd 00"'_1 ..1CnIb . wbic:b f8ce UL
Only. biclIOJica11~-' nr-....an CIII pdle wDcDife ~ die
..-.nces 1IIey Died to __ permits far bodi lilted and u yet ",,11""" tpei....
~"I.... permits is, of ......... ,.....--. pi of multiple -. rie&
.....111111.
Only by lDc1udi11& die core ~ 1'IIClUI'Ce'" widdn tbe FclcuIet' PIannini
=:'&:=~'=~~~~~-=~:;:
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The best land use and economic decisions will be made usina the core bio1OJical
.-cas as the starting point.
We anticipate that indirect benefits orlhis CIIlI'08Ch will include a more satisfactory
open space system ror the public, with the best recreational trail system,lhe most
lCeIlic vistas, and the palest quality or lire benefit
We strongly Ul'Ie you to adopt Focused Plannina ArrIl criteria wIIlda Mn #eM to rapid
mvlts in termS or a plan ~Ie to lhe wiJdUre ..enties and in terms or obtaining the ~its
for declining species which WIll avoid future economic disruption. Such criteria incl:IrpCnle lhe
kst biological science.
"""\
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1ban1c you for considerina our views.
With best rqards,
~-~~
Dan Silver,
Coordinator
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ATTACHMENT 4
ENDANGERED H" .' . TS LEAGUE
"..,.,'" .. I1tt ProI_ '" c..,. .. a4 0tJrn TIt,.",.,., EftIoysttm.
Dan Silver" Coordinator
. 1424A Santa Monica Blvd. .592
Lot Angeles, CA 90069-4210
TEL/fA)( 213'654'14~
Testimony on Focused Planning Area Criteria for the MSCP
f\lR~o...itw\ V\lb ~ 2.Lf, ,Q9Lf Siexra.. Club a..ddd-io\'\.oJ
. J~- 111, IP9!1:... OO~Me-t\t.s on ~
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Honorable M~mUc:rl> of the Policy Committee:
The fndangere() Habitats I..eague is an organization of Southern California conservation
&TOups and individuals dedicated to ecosystem protection and land use solutions. As decisions are
made on focused planning area (FPA) criteria for the Multiple Species Conservation Program
(MSCP), we urge you to consider the following:
A multiple babitat scope is neces.<;ary
The adoption of a multiple habitat scope is critical for program success and for protection
from the future listing of numerous species as endangered. A multiple habitat approach is cost-
effective in the long term, and provides a superior reserve design. We should think ahead. Also,
it would be difficult if not impossible to go back and do a second or third round of planning in the
same geographic area - that is the opposite of the certainty we aU seek. Dependable fmancing
mechanisms which will achieve reserve goals should be set in place at the start, and if phasing of
the plan is DClCC'SSl'ry, this should be done on a geographic mther than habitat-by-habitat basis.
The core biololtical resource areas are the best FPA
. The "(::ore biological resource areas and coristmined linkages' - as identified by the MSCP
scientists after years of study - should be designated as the focused planning area. This is for two
~..asons. First, only a reserve based upon the on-tbe-around biological realities will result in the
pre-Iisting assurances from the wildlife agencies which we all seek. Secondly, only a "build
down" approach which starts with the full range of conservation options, and gets reduced in size
ovr:r time as justified by scientific data, is consistent with the NCCP Conservation Guidelines. An
approach which starts small and builds up is inconsistent. These Guidelines are recognized by the
U.S. Fish and Wildlife Service as the best available information.
Planning nexibility should be maximized
. An FPA based upon the cOre biological re50urceareas will retain maximum planning
flexibility fer decision-makers ovr:r time. Having all these options available willl1so enslll'C that
the most cost-effective land use decisions can be made. Another advantage of having a broad FPA
is that mechanisms fer .-openies to exit an FPA are much easir:r to adopt than are means to add
new lands into the planning area at a later date. The later type of unc:ertainty for pI uperly ownr:rs
should be avoided if 111 possible.
1
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Set biological standards first, then appl)' economic and land use factors
Land use and economic factors must, of course, be fully integrated into final reseNe
. design. The place for this integration is at the local, subarea planning leve], where it is appropriate ~
to consider specific sites and specific projects. First. however. it is nt'cessary to set biological
goals and standards within the FPA. Biological standards on a regional scale are needed to guide
the preparation of subarea plans, to ensure their consistency with each other, and to provide an
objective basis for wildlife agency assessment and sign-off. Another positive result of these
standards will be a level playing field among jurisdictions.
Create quality of life and recreational opportunities
A comprehensive, multiple habitat plan will lead to the highest quality oflife for the public.
It will provide the most significant open space benefits and will ma'lCimally enhance community
values. Such an approach will also lead to the most scenic vistas and the most satisfying
equestrian and bicycle trails, The FPA should be broad enough so as to allow the incorporation of
these compatible, recreational features. The "environmental infrastructure" of the MSCP is a very
wise investment in the future.
Work in tandem with the wildlife a~encies
Consultation with the wildlife agencies is crucial at this point to verify that we are on the
right track for obtaining assurances on species. We should ask their guidance on FPA criteria.
Conclusions
~
So that many listings can be avoided in the future, the program should remain multiple
habitat in scope. The "core biological resource areas and constrained linkages" already identified
after intensive analysis should be designated as the focused planning area. Biological standards for
preseJVation within the FPA will then allow the final reseNe to be "built down" during subarea
planning. Only this approach is consistent with tfie NCCP ConseJVation Guidelines. This
approach will also result in the greatest degree of planning flexibility. Mechanisms to exit a large
FPA will be available, and additional properties will nor have to be added later. Site-specific land
use and economic factors will enter into the planning process at the subarea level. We urge you to
adopt focus planning area criteria and a planning process which reflect these conclusions.
1bank you for considering our views.
p(7r/,~. i\''I..~ ~OW\. hut ~ to i::lu.. p~ I\'\o.d..t ~
~~. N~ 1f&- ~ iho.:t. tht.. ~ kli..eJ.&>F A.L4~
~ l\\.uA:t b~ t:h,.. b~ r fu FP4\.t.. R<l ~ 4'I.C- fIOt\ Bu. p~n:tio1
ts:- ,"""t\.-a.pp~ b~ u.sl=~ WS ~ b'LStoi~ {a.&wu. ~ ~~~ tD UA .
~ ,\.l."P<..&.db..e. A;. ~ W.u.U 1-fmu.. o..n.d ff\O~ Q.t\.d ~ k o....{\
~ ~ A~-12Am ~ ~ J..c"j-i1^-'V\ P~l\d' """'\
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IN.oG\.. ~..t^/\P~
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COUNCIL AGENDA STATEMENT
Item
~IJ
Meeting Date
6/21/94
B.
Public Hearing regarding existing and
proposed rates and charges for Cox Cable's
Basic Service Tier and associated equipment
Resolution 175Y..f disapproving existing
rates and charges for the Basic Service Tier
and associated equipment for Cox Cable,
prescribing rates and charges for the Basic
Service Tier and ordering a refund to
subscribers
ITEM TITLE:
A.
SUBMITTED BY: Deputy City Manager ~mson
REVIEWED BY: City Manager ;r;; f ifl (4/5ths Vote: Yes_ NO-1L)
At its May 3, 1994 meeting, the city council opened this public
hearing, received public comment, and continued the public hearing
until June 21, 1994. The Council also adopted a resolution on May
3 approving the issuance of an accounting order to Cox Cable which
reserved the City's right to subsequently order rate reductions and
refunds retroactively to September 1, 1993 in the event the City
takes action to disapprove Cox Cable's Basic Service Tier rates.
The May 3 public hearing was continued until June 21 at the request
of Cox Cable, in order to provide Cox Cable additional time to
analyze and comment on the report of the city's consultant (Public
Knowledge, Inc.) regarding Cox Cable's rates as well as to provide
additional time for both the City and Cox Cable to review the
impact of the new Federal Communications commission (FCC) rate
regulations that were issued on March 30, 1994.
These new FCC regulations are effective May 15, 1994 and affect Cox
Cable's rates thereafter. In a separate item on the June 21, 1994
meeting agenda, the City Council will be considering the First
Amendment to the Memorandum of Understanding with the cities of La
Mesa, Poway, National city and Imperial Beach to obtain additional
consulting service from Public Knowledge, Inc. to review the rate
submittals that Cox Cable will be providing to the respective
cities for cable rates after May 15, 1994. The FCC has made it
very clear that franchising authorities should treat regulated
cable rates for the period from September 1, 1993 through May 14,
1994 separately from the rates after May 15.
Since the public hearing on May 3, the cities' consultant and Cox
Cable further reviewed and discussed the issues of disagreement
that Cox Cable had with the Public Knowledge, Inc. report and
narrowed the gap slightly, but there are still significant
differences between our consultant's report and Cox Cable's
position regarding Cox Cable's maximum permitted rates. At this
point, staff does not anticipate that we will resolve these issues
with Cox Cable without the FCC's intervention, and therefore staff
l.J.p,,-;
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Meeting Date
6/21/94
recommends that council, after taking any additional public
comment, adopt the resolution. The resolution disapproves the Cox
Cable Basic Service Tier rates and orders a rate reduction and
refund plan with the resolution having an effective date of July
25, 1994.
This delayed effective date approach provides Cox Cable with a 34-
day period to try to obtain further clarification from the FCC on
the remaining issues of disagreement between Cox and the city's
consultant before Cox Cable is required to either submit their
refund plan to the City for approval or formally appeal the city's
decision to the FCC. This is a compromise approach worked out by
the La Mesa City Council after lengthy discussion at its June 14,
1994 public hearing, and Cox Cable and Chula vista staff
subsequently verbally agreed to jointly recommend that the Chula
vista City Council take similar action.
The FCC has previously advised cities not to wait for the FCC to
resolve every issue that cable operators may raise to justify their
rates; instead the FCC has advised cities to make a good faith
determination of the maximum permitted rates and the cable
operators may appeal those decisions to the FCC if they feel they
have adequate grounds to do so.
RECOMMENDATION:
That Council:
1. Conduct the continued public hearing; and
2. Adopt the resolution, which:
a. Disapproves the rates Cox Cable has charged for the
Basic Service Tier since September 1, 1993
b. Orders Cox Cable to reduce its rate for Basic
Service from $7.91 to $7.75 per month (contingent
on Cox filing an updated FCC Form 393), retroactive
to September 1, 1993
c. Orders Cox Cable to provide a Refund Plan
(including interest due to the subscribers) to the
City Manager for approval within 15 days of the
effective date of the resolution, which is July 25,
1994
BOARDS/COMMISSIONS RECOMMENDATIONS: N/A
DISCUSSION:
Backqround
As described more fully in the Council agenda statement for the May
3, 1994 public hearing (attached as Exhibit 4), the Federal "Cable
Television Consumer Protection and competition Act of 1992 (Cable
Act of 1992)" provided local cable television franchising
authorities with the ability to regulate, to a limited degree, some
2..1p~ .).
Meeting Date
6/21/94
of the rates charged by their cable operators. A City's rate
regulation authority is limited to the rates charged for the Basic
Tier of Services and associated equipment. This tier includes
local commercial stations and public, educational and governmental
access channels. Rates for expanded tiers, which include such
channels as CNN, ESPN and MTV, are now known as "Cable Programming
Services" and are regulated by the FCC upon the filing of a
complaint by a subscriber or a franchising authority. Rates for
premium and pay-per-view channels, such as Cinemax or HBO, are not
regulated by any agency under the Cable Act of 1992. The effective
date of the city's limited rate regulation authority was September
1, 1993.
On September 1, 1993, Cox Cable's monthly rate for an 18-channel
Basic Service Tier in Chula vista was reduced to $7.91 compared
with a former $14.85 rate for a 15-channel line up. As of that
same date, however, Cox Cable increased its Cable programming
Service (CPS) monthly rate from $8.10 to $14.51 in Chula vista.
The total of both tiers (Basic plus CPS) was thus decreased from
$22.95 to $22.42 in Chula vista, as well as in Imperial Beach,
National City and santee. As indicated in Exhibit 7, Cox Cable
established three different groups of rates for its ten franchise
areas in the San Diego region, based on the number of channels and
the date of the upgrade that Cox Cable provided in each of the
franchise areas. Cox Cable also modified its fees for various
equipment and installation services on September 1, 1993, and those
fees are also shown in Exhibit 7.
On September 7, 1993 the City Council adopted Resolution 17245
authorizing the city to submit a certification application to the
FCC for regulation of cable television Basic Service Tier rates and
adopting regulations and procedures for the City'S rate review that
are consistent with the FCC regulations. On October 12, 1993 the
city Council adopted Resolution 17271 amending Resolution 17245 to
indicate that Chula vista Cable is not subject to rate regulation
under the FCC guidelines because staff had determined that Chula
vista Cable is subject to effective competition as defined in the
FCC regulations.
The City submitted its application to the FCC for regulation of
Basic Service Tier rates on October 12, 1993, and the City was
effectively certified to regulate Basic Tier rates of Cox Cable as
of November 12, 1993. On December 10, 1993, Cox Cable received the
city's notification that it was certified and that it was
requesting Cox Cable to submit its FCC Form 393 within thirty days
regarding its rates since September 1, 1993 for Basic Services and
associated equipment. On January 10, 1994 the City received Cox
Cable's Form 393, which is attached as Exhibit 5 with a transmittal
letter from Cox Cable dated January 6, 1994.
On January 4, 1994 the City Council approved a Memorandum of
Understanding with the cities of La Mesa, Poway, National city and
Imperial Beach to provide a framework for administering a contract
with Public Knowledge, Inc. to review the FCC Form 393 submitted by
Cox Cable to each of the five cities.
3 ~p .. J
Meeting Date
6/21/94
Review of Cox Cable's Rates
The report from Jay Smith, President of Public Knowledge, Inc.
regarding Cox Cable's Basic Tier rates in Chula vista and
associated equipment is dated March 7, 1994 and is attached as
Exhibit 3. As noted in the report, Mr. smith conducted a review
and analysis of the Cox Cable FCC Form 393 benchmark rate
submittal, including a visit to the Cox Cable offices and several
discussions with Cox Cable officials. Mr. smith also met with
staff from the five cities to review various matters relating to
the study prior to finalizing his report.
In general, the Public Knowledge report concluded that Cox Cable
had attempted to prepare its Form 393 carefully and in accordance
with FCC rules as Cox interpreted them. Mr. smith found that Cox
Cable's rates for equipment rental (remote controls, converter
boxes, and addressable decoder boxes) have been acceptable under
the FCC regulations. However, he identified several problem areas
that are detailed more fully in the Public Knowledge report
including:
Incorrect date and inflation factors;
Incorrect reported installation and equipment revenue;
Inappropriate method to count satellite channels;
Inappropriate exclusion of income taxes and return on
investment from equipment and installation costs; and
Incorrect allocation of certain equipment and
installation costs.
Mr. smith's analysis indicated that the correction of some of these
problems decreased the maximum permitted rate per channel while
other corrections caused increases. overall, the March 7 Public
Knowledge, Inc. report concluded that the city could order Cox to
reduce its monthly rate for the Basic Service Tier from $7.91 to
$7.72, a reduction of $0.19 per month. The consultant's
recommended rate was based on a maximum initial permitted rate per
channel of 42.9Q compared to the 44.0Q indicated in the Cox FCC
Form 393 filing, and assumes 18 channels of Basic Service. On an
annual basis, this reduction in the Basic Service Tier would equate
to about $72,000 for the 31,600 Chula vista subscribers to Cox
Cable.
The Public Knowledge, Inc. report also concluded that Cox's Cable
Programming service (CPS) rate, which is subject to rate regulation
by the FCC rather than by the City, should be reduced from $14.51
to $14.16 per month (assuming 33 channels), a reduction of $0.35
per month. The potential annual reduction for Chula vista
subscribers for the CPS rate would thus be about $132,000. The CPS
rates will be addressed separately by the FCC at a later date, and
staff intends to monitor and assist the FCC in its review of the
CPS rates.
After staff reviewed the Public Knowledge report and discussed it
with Mr. Smith, staff sent a copy to Cox Cable on April 15 for
4
.20''1'
Meeting Date
6/21/94
their review and comment. As previously indicated, Cox Cable, in
a letter dated April 21, 1994, requested additional time to review
the Public Knowledge, Inc. report as part of its request for
continuing the May 3 public hearing until after June 15. Mr. Smith
of Public Knowledge, Inc. met with Cox Cable's Vice President of
Finance on May 5, 1994 at Cox Cable's request and expense, to
attempt to resolve points of disagreement that Cox Cable had with
the Public Knowledge report.
Subsequently, Cox Cable sent a letter dated May 19 providing Cox
Cable's formal response to the Public Knowledge report. In.the May
19 Cox Cable response, which is attached as Exhibit 2, Cox Cable
disagrees with the points in the Public Knowledge report that would
serve to reduce Cox's maximum permitted rates and accepts those
points that would serve to increase their maximum permitted rates.
Furthermore, Cox Cable's May 19 response also takes the position
that, even if the Public Knowledge report were correct in terms of
Cox Cable having a refund liability, Cox could offset its
overcharges for the Basic Service Tier rates by taking into
consideration equipment charges which it voluntarily set at a level
below the maximum permitted rate for remote controls, converter
boxes and decoder boxes. In effect, Cox Cable is suggesting that
it could institute a theoretical rate increase retroactive to
September 1, 1993 for these equipment components and thereby
eliminate most, if not all, of its refund obligation. Cox Cable
cites FCC references for this position as well as for several of
its other positions in its May 19 letter.
In a letter to the City dated June 6, 1994, Jay Smith of Public
Knowledge, Inc. responded to the points raised in Cox Cable's May
19 letter. The Public Knowledge response, which is attached as
Exhibit 1, agrees with one of the points raised by Cox Cable but
disagrees with other more significant points. More specifically,
our consultant agrees that the FCC guidelines allow Cox Cable to
use the full 1992 fiscal year (ending December 31, 1992) to
calculate its installation and equipment revenue. This would
result in an additional $.03 per month in the maximum allowable
rate for the Basic Service Tier, increasing it from the $7.72
figure in the March 7, 1994 report from Public Knowledge, Inc. to
$7.75 per month. Public Knowledge, Inc. continues to disagree with
the other points raised by Cox Cable in support of their higher
Basic Service rates. Thus, the adjusted maximum monthly charge for
the Basic Service Tier recommended by Public Knowledge, Inc. is now
$7.75 compared to the $7.72 figure in the March 7, 1994 report.
If the City orders Cox Cable to reduce its rates for the Basic
Service Tier from $7.91 per month to the adjusted maximum monthly
rate of $7.75, it will result in a reduction of $0.16 per month in
the cable rates for about 31,600 Chula vista subscribers,
retroactive to September 1, 1993.
Refund Issue
As indicated above, in its May 19 letter to the City (Exhibit 2),
Cox Cable asserts that:
5
,<~ ,f'
Meetinq Date
6/21/94
"It is Cox's belief that these interpretations of the
FCC's initial rate order and subsequent clarifications
are accurate. However, in the event that the consultant
has significant disagreement, and Cox is required to
lower its Basic rate, Cox would offset any potential
Basic refund with the amount Cox has been undercharging
in equipment. This is allowed under the FCC's Third
Order on Reconsideration..."
The June 6 Public Knowledge letter (Exhibit 1) includes the
following response:
"contrary to what Cox states in its letter, I do not
believe that Cox can offset Basic rate refunds with
retroactive equipment rate increases when none of the
Basic rate refund would be attributable to adiustments in
the eauipment basket costs (I interpret paragraph 104 of
the Third Order on Reconsideration differently than
Cox)."
Furthermore, William Marticorena, an attorney with the firm of
Rutan and Tucker who specializes in legal issues related to cable
television and who has done work for Chula vista and some of the
other local cities, has also reviewed this issue. In a letter to
the City of poway regarding the same Cox Cable assertion made to
that city, Mr. Marticorena stated that:
"In essence, such an approach would allow the Cable
operator to insti tute a . phantom' retroacti ve rate
increase which, if actually implemented, may well violate
the Commission'S rate freeze."
In an attempt to quickly resolve any ambiguity that may exist in
the FCC regulations referenced by Cox Cable regarding this refund
issue, the City Manager sent a letter (Exhibit 9) to the FCC on May
23, 1994 requesting that the FCC provide a clear interpretation of
the meaning of paragraph 104 of the Third Report and Order. The
question posed by the City to the FCC is:
"May a cable operator retroactively (to September 1,
1993) increase equipment rates where its actual rates
were below the maximum permitted rates it calculated on
its Form 393, in order to offset refunds resulting from
reductions to the Basic Service rates ordered by the
franchise authority, when no part of the Basic Service
rate reduction is attributable to any adjustments to Part
III of the Form 393?"
Staff has not received any response from the FCC to this request
for clarification, nor has it received any assurance from the FCC
that a response will be forthcoming in the near future. It has
been very difficult to obtain formal responses from the FCC to
inquiries such as this regarding specific cable regulation issues.
6
.u;-t"
Meeting Date
6/21/94
Recommended Course of Action
The FCC has suggested to cities that they should not try to get the
FCC to resolve every issue that may seem ambiguous; instead, the
FCC suggests that cities should proceed to make rate determinations
in good faith, and have indicated that they will defer to the
franchising authority's decision if it is supported by a reasonable
basis. If a cable company such as Cox Cable disagrees with a
franchising authority's action, it may appeal the decision directly
to the FCC. Staff has concluded that at this point the City has
made a good faith effort to properly interpret the FCC regulations
and that it is appropriate to take action at this point.
It should be noted that the FCC regulations prohibit a city from
ordering a refund for a period of more than one year prior to the
time the City takes action. since the City's rate regulation
authority began on September 1, 1993, if the Council does not take
action before the end of August, it will start losing the ability
to order retroactive rate refunds.
Cox Cable has indicated that it would prefer that cities such as
Chula vista not take action on its rates yet (if at all) and has
been aSking for continuances of various public hearings on its
rates. In fact, the initial May 3, 1994 Chula vista public hearing
on Cox Cable's rates was continued to June 21 at the request of
Cox.
As mentioned in the introduction to this report, last week the La
Mesa City Council considered another request from Cox Cable to
continue its June 14 public hearing until July 25. After lengthy
discussion at its June 14 hearing, the La Mesa City Council instead
decided to adopt its resolution disapproving Cox Cable's rates but
modified the resolution to make it effective on July 25. By
delaying the effective date of the resolution, La Mesa is providing
Cox Cable the time it requested to see if the FCC clarifies its
regulations regarding the issues of disagreement between Cox Cable
and the five cities' consultant. On June 14, right after the La
Mesa public hearing, the General Manager of Cox cable, Bob McRann
and Deputy city Manager Jim Thomson verbally agreed to jointly
recommend that the Chula vista City Council take similar action,
which is reflected in the recommended resolution.
The recommended resolution disapproves Cox Cable's rates since
september 1, 1994 for the Basic service Tier and orders Cox Cable
to provide a Refund Plan to the City Manager for approval within 15
days of the effective date of the resolution, which is July 25,
1994. That starts the clock on July 25 for the period of time that
Cox Cable has to appeal the City's action to the FCC or to submit
the Refund Plan to the city Manager for approval.
The refund, which would be retroactive to September 1, 1993, would
be based upon updated numbers resulting in the maximum permitted
rate of $7.75 per subscriber for Basic service, subject to Cox
7.2t?.. '}
Meeting Date
6/21/94
Cable filing a revised FCC Form 393'. Staff is not recommending
future rate reductions at this time because, from a practical
standpoint, the rate changes could not be implemented prior to Cox
changing their rates on July 15, 1994, as a result of the new FCC
regulations which become effective on May 15 and July 15, 1994.
Issues Raised bv Public at Mav 3 Public Hearinq
At the May 3, 1994 public hearing, two residents addressed the
Council and raised issues related to Cox Cable. At that meeting,
Council directed staff to notify them of the continued public
hearing (such notice has been provided) and provide the Council
with a summary of the public input received at the May 3 public
hearing.
The first speaker was Hale Newcomb, who expressed two concerns: (1)
that the overall rates charged by Cox Cable are too high and should
be decreased; and (2) that Cox Cable charges customers to reduce
service tiers from the Basic plus Cable Programming service (CPS)
down to Basic only, and Mr. Newcomb feels there should be no charge
for this downgrade in service. The second speaker was Carolyn
Butler, who requested that Council take action to improve the
quality of programming provided by Cox Cable between 10 p.m. and 6
a.m.
In response to Mr. Newcomb's first concern, staff and the Public
Knowledge, Inc. consultant have been working diligently to ensure
that the regulated rates charged by Cox Cable are within the
maximum permitted amounts based on federal legislation and FCC
regulations. Regarding Mr. Newcomb's second issue, staff has
determined that the fee charged by Cox Cable for downgrading
service tiers from the Basic plus CPS to Basic only is subject to
regulation by the City. In response to requests that staff made to
Cox Cable regarding the justification for those rates, Cox Cable
sent a letter dated June 6, 1994 that indicates the cost to Cox
Cable for downgrading service tiers is actually $42.90, but the fee
charged to customers is $24.94. Staff has reviewed this issue with
the Public Knowledge, Inc. consultant and has concluded that the
rates charged by Cox Cable for this service are reasonable under
the FCC regulations since the downgrading of the service tier
requires the installation of a "trap" at the subscriber's
residence. Thus, Cox Cable has costs related to the service trip
to the consumer's residence as well as the cost of the trap itself,
as described in the June 6 Cox Cable response, which is attached as
Exhibit 8.
Regarding the concern voiced by Ms. Carolyn Butler, federal
legislation and FCC regulations do not provide any authority for
cities to regulate the quality of programming provided after
10 p.m. or any other time of the day. In fact, the freedom of
'If Cox Cable does not file such a revised Form 393, the
resolution provides that the rate reduction would be to the $7.72
rate previously discussed.
8 >>..y
Meetinq Date
6/21/94
speech provisions of the U.S. Constitution make it difficult for
even the federal government to get involved in regulating the type
or quality of programming.
The minutes of the May 3, 1994 Council meeting, as well as the
minutes of other Council meetings where the cable television rate
regulation issue has been discussed, are attached as Exhibit 6.
New FCC Reaulations
As mentioned previously, on March 30, 1994 the FCC issued new
regulations intended to require further rate reductions for
regulated cable services, and these new FCC regulations became
effective on May 15, 1994. The new regulations, however, provide
cable operators with the option of deferring implementation of the
new regulations by an additional sixty days if the cable operator
is willing to meet specified conditions. On May 11, 1994, Cox
Cable notified the city that it has elected to take advantage of
this sixty day extension and not change any of its rates between
March 30, 1994 and July 14, 1994.
Cox Cable will be required, as a result of these new FCC
regulations, to submit new FCC Forms 1200 and 1205 for review by
the cities. Cox Cable has notified staff that their rates will
change effective in July 1994. The notification that Cox Cable is
in the process of sending to its Chula vista customers is attached
as Exhibit 10.
As indicated in that exhibit, starting in July Cox Cable plans on
decreasing its monthly rate for the Basic Service Tier in Chula
vista from $7.91 to $7.47, a reduction of $0.44 per month. Its
Cable Programming Service (CPS~ rate will be reduced from $14.51 to
$13.84, a reduction of $0.67. The change in the charge for the
Basic Tier plus the CPS tier will thus be from a total of $22.42
per month to $21.31, a reduction of $1.11 per month. As also
indicated in Exhibit 10, however, Cox Cable will be increasing its
charge for remote controls from $.27 per month to $.45, an increase
of $.18 per month. The charge for converter box rentals will
increase from $1.05 to $1.61, an increase of $.56 per month. The
cost of the addressable decoder box rental will increase from $1.88
to $2.80 per month, an increase of $.92 per month. Thus a customer
with Basic plus CPS service who rents a remote control and a
decoder box will have a net reduction of $0.01 per month.
The July 1994 rates summarized above are for Chula Vista, National
City, Imperial Beach and Santee. The rates for other franchise
2 For multiple dwelling units in Chula Vista, Cox Cable has
indicated that the rate for Basic service will decrease from $7.91
to $7.47, and the CPS rate will increase from $10.04 to $10.48,
with the total for both Basic and CPS thus remaining the same at
$17.95 per month. Multiple dwelling units having contracts with
Cox Cable that were signed prior to April 1, 1993 may have lower
rates until those contracts expire.
9 olp'1
Meeting Date
6/21/94
agencies differ regarding the Basic Service Tier and the CPS tier,
with some cities experiencing an overall increase in the rates for
the Basic plus CPS tier. The equipment rates announced by Cox
Cable for remote controls, converter box rentals and addressable
decoder box rentals are the same for all cities served by Cox Cable
in the San Diego region.
As previously discussed, Cox Cable will submit new FCC Forms (1200
and 1205) to the franchise authorities justifying the rates that
they will start charging in July 1994. At the June 21 Council
meeting, the Council will be considering a separate agenda item for
the First Amendment to the Memorandum of Understanding with the
other four cities we have been working with to hire Public
Knowledge, Inc. to review the new rates that Cox Cable will be
charging starting in July. It should be emphasized that the rates
from September 1, 1993 through May 15, 1994 were under one set of
FCC regulations, and the rates after May 15, 1994 will be under a
different set of FCC regulations (those issued on March 30, 1994).
It is perhaps helpful to view the review of the rates from
September 1, 1993 through May 15, 1994 as phase 1 of the City's
rate regulation process, and the review of the rates after May 15,
1994 as phase 2. The FCC has made it clear that these two time
periods should be treated independently.
FISCAL IMPACT: The recommended action to reduce the maximum rate
that Cox Cable charges for its Basic Service Tier by $0.16 per
month would provide a savings of about $5,100 per month to the Cox
Cable subscribers in Chula vista. For the 8~ months from September
1, 1993 through May 15, 1994, this would amount to a savings of
approximately $43,000 to Chula vista subscribers.
If the FCC takes separate action in the future to reduce the
maximum rate that Cox Cable may charge for its Cable Programming
Service tier, that reduction would further increase the amount of
refunds Chula vista subscribers would receive. Based on the most
recent analysis by Public Knowledge, Inc., the CPS refund could be
an additional $0.29 per month or $77,600 to Chula vista subscribers
for the same 8~ month period.
Since the franchise fee paid by Cox Cable is 3%, the city's revenue
from franchise fees would be reduced slightly by the recommended
action, but staff has not given any consideration to the potential
impact of rate regulation on these fees in conducting the rate
regulation function.
The cable rates after May 15, 1994 will be governed by the new FCC
regulations issued on March 30, 1994, so those amounts are not
affected by the action recommended in this report.
EXHIBITS:
Exhibit 1
Letter from Public Knowledge, Inc. dated June 6,
1994 responding to the comments in the May 19, 1994
letter from Cox Cable
10
.J.I? r /i?
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Meeting Date
6/21/94
Letter from Cox Cable dated May 19, 1994 providing
comments on the March 7, 1994 Public Knowledge,
Inc. report
Report from Public Knowledge, Inc. dated March 7,
1994 reviewing Cox Cable's FCC Form 393 Basic
Service Tier and Equipment rates
Agenda Statement for Public Hearing on May 3, 1994
Council meeting
Letter from Cox Cable dated January 6, 1994
transmitting its FCC Form 393 Basic Service Tier
and Equipment rates
Minutes of Council meetings of May 3, 1994; January
4, 1994; October 12, 1993; and September 7, 1993
Cox Cable publication listing its September 1, 1993
rates for its various services
Letter from Cox Cable dated June 6, 1994 regarding
their fees for changing service tiers
Letter from City Manager dated May 23, 1994 to the
FCC requesting clarification of refund obligations
of cable operators
Notification that Cox Cable is sending its
customers in June/July 1994 regarding Cox Cable's
rates effective in July 1994
l!
1<5-
~I~~~
hV~~'-
~O1.
u .uJ~1 / /;.0 -I;).
RESOLUTION NO.
/?J'I/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA PURSUANT TO SECTIONS
76.933(C), 76.936, 76.940, 76.941 AND 76.942
OF THE RULES AND REGULATIONS OF THE FEDERAL
COMMUNICATIONS COMMISSION DISAPPROVING THE
EXISTING RATES AND CHARGES FOR THE BASIC
SERVICE TIER AND ASSOCIATED EQUIPMENT FOR COX
CABLE SAN DIEGO, INC., PRESCRIBING RATES AND
CHARGES FOR THE BASIC SERVICE TIER AND
ORDERING A REFUND FOR SUBSCRIBERS
WHEREAS, the City of Chula vista (the "city") has been
certified by the Federal Communications commission (the
"Commission") to regulate the Basic Service Tier, and associated
equipment, which certification was effective on November 12, 1993;
and
WHEREAS, the City has provided written notice of said
certification to Cox Cable San Diego, Inc. (the "Operator") on
December 10, 1993; and
WHEREAS, the City has adopted regulations with respect to
the Basic Service Tier and associated equipment that are consistent
with the regulations prescribed by the Commission; and
WHEREAS, the city has adopted procedural laws and
regulations applicable to rate regulation proceedings which provide
a reasonable opportunity for consideration of the views of
interested parties; and
WHEREAS, the city has delivered a written request to the
Operator to file its schedule of rates for the Basic Service Tier
and associated equipment with the city on December 10, 1993; and
WHEREAS, the Operator has filed with the City an FCC Form
393 on January 10, 1994; and
WHEREAS, on February 1, 1994, the City notified the
Operator pursuant to section 76.933(b) of the Rules and Regulations
of the Federal Communications commission that it was unable to
determine based upon the materials submitted by the Operator that
the existing or proposed rates were within the Commission'S
permitted Basic Service Tier charge or actual cost of equipment and
that the City was tolling the thirty-day deadline found in section
76.933(a) of the Commission's Rules and Regulations for the purpose
of requesting and/or considering additional information or to
consider the comments from interested parties for an additional
ninety days; and
1
..24,/;J
I
WHEREAS, on May 3, 1994, the city council ordered the
Operator to keep an accurate accounting of all amounts received by
reason of the rates proposed by Operator on its FCC Form 393 and on
whose behalf such amounts were paid; and
WHEREAS, on May 3, 2994, the City Council continued the
Public Hearing to June 21, 1994, at the request of the Operator;
and
WHEREAS, the City has reviewed all relevant information
including, but not limited to, the FCC Form 393 dated September 1,
1993, the Report of Public Knowledge, Inc. (the City'S
"Consultant") dated March 7, 1994; the letter from the Operator
dated May 19, 1994; the letter from the Consultant dated June 6,
1994; the staff reports; and other relevant written evidence; and
WHEREAS, the City has given proper notice of this hearing
pursuant to Section 76.935 of the Rules and Regulations of the
Federal Communications Commission; and
WHEREAS, the city has provided a reasonable opportunity
for the consideration of the views of interested parties; and
WHEREAS, the City has considered the views of interested
parties as expressed at this public hearing, as continued from time
to time and
WHEREAS, the City has now made a final decision upon the
appropriateness, or lack thereof, of the existing rates and charges
for the Basic Service Tier and associated equipment as identified
on the FCC Form 393 dated September 1, 1993.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DOES HEREBY RESOLVE AS FOLLOWS:
section 1. The existing and proposed rates and charges
for the Basic Service Tier and associated equipment as identified
in the FCC Form 393 dated September 1, 1993 are hereby found and
determined to be unreasonable because they are not in compliance
with the applicable FCC benchmark standards and are therefore
disapproved in part for the reasons, and on the grounds, as
contained in the Consultants' Report dated March 7, 1994, and the
Consultants' letter dated June 6, 1994, all of which are
incorporated into this Resolution by reference as if fully stated
herein.
Section 2. This Resolution constitutes a written
decision disapproving in part the initial rate within the meaning
of section 76.936 of the Rules and Regulations of the Commission.
Section 3. The operator is hereby ordered to reduce and
modify the rate for the Basic Service Tier from $7.91 per month to
2
.;0,/'1'
$7.75 per month contingent upon the Operator filing a revised FCC
Form 393 with updated numbers justifying the $7.75 rate. Absent
the Operator submitting such a revised FCC Form 393, the Operator
is ordered to reduce and modify the rate for the Basic Service Tier
from $7.91 per month to $7.72 per month.
section 4. The Operator's monthly subscriber rate of
$7.75 or $7.72, as determined by section 3 above, shall be made
retroactive to September 1, 1993.
section 5. The Operator is hereby directed and ordered
to provide a Refund Plan ("Refund Plan") to the City Manager within
fifteen (15) days of the effective date of this Resolution,
pursuant to which it proposes to refund to subscribers rates and
charges collected by the Operator in excess of the rates and
charges approved herein since September 1, 1993, or the earliest
date from which the refund period may run pursuant to the Rules and
Regulations of the Commission, along with such written evidence and
documentation demonstrating the reasonableness and appropriateness
of said Refund Plan under the standards set forth in section 76.942
of the Rules and Regulations of the Commission. Said Refund Plan
shall reflect appropriate interest due to subscribers for the
refund.
section 6. On July 25, 1994, the City Clerk is directed
to post a copy of this resolution in such place or places as city
Notices are normally posted and to make copies of this written
decision available to the public at the office of the City Clerk
during normal business hours.
section 7. It is the intent of the City Council that the
text of this decision not be deemed released, within the meaning of
section 76.944(b) of the regulations of the Commission, until July
25, 1994.
section 8. This Resolution shall become effective on
July 25, 1994, which shall be the date that the Operator's thirty-
day appeal period begins under Commission regulations.
Presented by
Approved as to form by
iLlh.
James R. Thomson, Deputy
City Manager
Bruce M. Boogaa ,City
Attorney
c: \rs\cabledis
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PUBLIC KNOWLEDGEG!!)
EXHIBIT 1 ~ ~
_ 3510 SUNRIDGE DR. S.
SALEM, OR 97302
(503) 581-0878
. FAX (503) 581-2026
28~8 N.E. STA!\;"TON
PORTIAND, OR 97212
(503) 287-7273
FAX (503) 287-7323
June 6, 1994
Mr. Tun Thomson
Deputy City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Tun:
I have reviewed the letter to you dated May 19, 1994 from Robert McRann, President of Cox
Cable San Diego, regarding my review of the Cox FCC Form 393 rate filing. I have outlined
below the points where I agree with the Cox position in that letter and its attachment, and the
points where I disagree.
.
First, I agree that FCC guidelines would allow Cox to use the fu1l1992 fiscal year (ending
December 31, 1992) to Calculate its installation and equipment revenue to apply to Line 204 of
the Form 393. In completing the Form 393 that I reviewed, Cox had not used the last three
months of that year; I accepted the period Cox had used. If the company now wishes to change
the period it used, it should submit a revised Form 393 to the City with the appropriate change on
Line 204.
Second, I agree that it is reasonable that Cox should not incur refund liability from the potential
basic service rate reduction that would result from adjusting the "Equipment Basket" costs to
include taxes and return on investment. It is important, however, that Cox treat these items
appropriately in its fonhcoming Form 1205 filing.
On other matters 1 disagree with Cox, u summarized below:
. Cox contends that the FCC has stated in its recent order that incorrect date and inflation
factors in a Form 393 would be acceptable. To the contrary, the FCC ltated that if the current
rates were not justified by uaing the old data - in other words, if anything else wu wrong with
the fi1ing - "cable operators will be required to correct their rates pursuant to current data"
(Paragraph 94, Third Order on Reconsideration). In this cue, there are other problems in the
Cox fi1ing in addition to outdated rate and inflation factors, and the Cox rates would not have
been justified even if the old inflation data were accepted. If Cox also wishes to update the
. reponed subscn'ber counts to the date ofinitia1 regulation, I would find that acceptable, but I
. do not believe that it would make a material difference in the maximum permitted rate. Where
fiscal year 1992 data were applied, such u for the equipment buket, there need be no update
.
CONSULl1NG AND INFORMA110N SERVICES FOR PUBUC MANAGEMENT EXCEU.ENCE
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to accou~t for the few months between August, 1993 and the initial date of regulation (Cox
will have the opportunity to update the equipment basket costs in its Form 1205 filing).
""'\
. Cox defends its inclusion (on Line 204) of imputed equipment revenue for decoder (converter)
rentals to pay subscribers. I repeat what I had stated in my report: .The amounts that Cox
reported for imputed revenue for these converters are ll21 identified as equipment revenue in
the Cox accounting records for the applicable period, nor, to our knowledge, were pay
customers during this period informed that they were paying a specified amount per month for
converter rental.. Cox has presented no new information that would cause me to conclude that
the imputed revenue should be allowed.
. Cox argues that it counted satellite channels correctly. As part ofits argument, Cox points out
that the FCC uses the term satellite signals in part of its order. However, the FCC also uses
the term satellite channels. and indeed S!ltellite channels is the term used on the benchmark rate
tables themselves. As I stated in my report, I do not think that the FCC intended that any
channel carrying a satellite signal could count as more than one satellite channel; for example,
the benchmark charts themselves do not provide for the possibility that there could be more
satellite channels than there are total regulated channels. Cox further argues that cable
operators should not be penalized for adding value to subscribers by including two or more
satellite services on a channel. Yet under the Cox interpretation, all subscribers' basic and
cable programming service rates would increase for each I!.Il!W offering of a satellite service,
no matter what small percentage of time the service might actually occupy a channel. I do not
believe that the FCC intended this outcome, nor do I believe that it is reasonable. In the Third
Order on Reconsideration, the FCC has stated that, .... a single channel provided to a customer ""'"
that may consist of two or more programming services may be counted as only one channel of
service provided for rate setting purposes. (paragraph 13 5).
In summary, I believe that Cox still has refund liability to Chula Vista subscribers, with the
amount of the refund dependent on changes Cox may make to Line 204 using fiscal year 1992
equipment and installation revenue, if acceptable, and on the date that Cox implements new rates
in full compliance with the FCC rules. Contrary to what Cox states in its letter, I do not believe
that Cox can offset basic rate refunds with retroactive equipment rate increases when none of the
basic rate refund would be attributable to adiustments in the equipment basket costs (I interpret
Paragraph 104 of the Third Order on Reconsideration differently than Cox). It is my
understanding that the City has requested an interpretation from the FCC on this matter.
As I have discussed with you previously, Cox has a forum if the company disagrees with action
the City may take on basic service rates; the company can appeal to the FCC. However, the
burden of over-turning the City's position will be on Cox. If you have any questions you may
contact me at 503-287-7273.
Sincerely,
9~t. ~h-tL
Jay C. Smith
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5159 Federal Boulevard
San Diogo. CA92105.5.S6
Toi. (6'9) 263'925'
EXHI BIT 2
cmc
Cox Coble
SanOiego.lnc.
May 19, 1994
Robert Me"ann
Sr. Vice PresidentlGeneral Manager
Mr. Jim Thomson
Deputy City Manager
City of Chula Vista
276 Fourth Ave.
Chula Vista, CA 91910
Dear Mr. Thomson:
This letter is in response to your letter of Apri115, 1994, regarding Cox Cable San
Diego's Basic cable rate and related rates for equipment, installation and other services
used for Basic cable service.
To begin with, Cox wishes to recognize the efforts of Jay Smith from Public Knowledge
who, in our view, has done a very credible job in analyzing a very complex set of FCC
regulations. As you are aware these regulations have been subject to significant
interpretation by the FCC, lawyers and accountants. They have also been subject to
certain revisions and clarifications that were published by the FCC on March 30, 1994.
Given the complexities of the rules, various interpretations and the most recent
clarifications, the following is an executive summary of Cox's interpretations and
conclusions. A more detailed evaluation is attached for your review.
The consultant started with Cox's calculated mllXimum permitted Basic cable service rate
of$7.92 and has made certain suggested adjustments as follows:
o Incorrect date and inflation factor
o Incorrect reported installation and equipment revenue
o Inappropriate method to count satellite channels
. Inappropriate exclusion of income tax and return on .
investment on equipment and installation charges
. Incorrect allocation of certain installation and
equipment costs
$.02
-.12
-.10
o
u
TOTAL
VARIANCE
$7.72
$-.20
It should be noted that the consultant did not adjust equipment revenue to fiscal year 1992
in calculating equipment revenues for September 30, 1992. The result is an additional 2t,
which then yields $7.74 per customer, per month, for Basic cable service.
3
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As outlined on the attached documents, Cox disagrees with the consultant's interpretation
of the regulations regarding incorrect reporting of installation and equipment revenue and
inappropriate methodology in counting satellite channels. Consequently, Cox believes
that 22t of the consultant's reduction is inappropriate and results in a new maximum
permitted rate of$7.96 ($7.74 + .22). This leads to the conclusion that Cox is currently
underchariini customers by 5t per month ($7.96 - $7.91), for an annualized total of
$18,960 on a subscriber base 001,601 instead of $72,000 owed to Chula Vista
customers as suggested by the consultant's report. However, in a subsequent meeting
with Mr. Jay Smith, Chula Vista consultant, the amount of alleged overcharge was
reduced to $5,373 per month or $64,476 on an annualized basis.
It is Cox's belief that these interpretations of the FCC'S initial rate order and subsequent
clarifications are accurate. However, in the event that the consultant has significant
disagreement, and Cox is required to lower its Basic rate, Cox would offset any potential
Basic refund with the amount Cox has been undercharging in equipment.. This is allowed
under the FCC's Third Order on Reconsideration (Docket No. 92-266 and 92-262,
Paragraph 104, copy attached). At present Cox is under the maximum permitted rate in
remotes by lIt, converters by 8t and decoders by 20t. This equates to an annualized
amount of$60,189.
'""'"
These inteq)retations and calculations sUiiest that Cox has a monthly refund liability of
$357 per month or about $ 01 per customer per month to Chula Vista subscribers. In
addition, on a going forward basis, there would appear to be no need to adjust the Basic
cable rate or equipment cost since the new FCC regulations will become effective on May
15, 1994, and thus would permit little time for discussion of rates, potential changes,
City/subscriber notification and implementation.
Cox would like to meet with the City to review the attached information and, if desired,
will provide new form 393s for your use prior to the meeting. Please call me to schedule
a meetin after you've had an opportunity to review this information.
RMc/ks
Attachments
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RESPONSE TO CITY OF CHlJLA VISTA AIIDIT OF FORM 393
DATED 3/15/94
INCORRECT DATE AND INFLA TJONF ACTORS
. In the Third Order on Reconsideration, Paragraphs 93 and 94, the FCC decided that
the methodology employed by Cox to determine inflation was appropriate. Further, if
the consultant wanted to refresh the data, all information should be updated, including
number of subscribers and equiplpent basket. The effect of the consultant's change is
to raise the maximum permitted rate by $.02 per month, per Basic customer.
INCORRECT REPORTED INST AI.l.A TJON AND EQIJlPMENT REVENUE
. As discussed in Paragraph 287 of the May 3,1993, Report and Order, the FCC said
"...in order to apply the separate equipment and programming service standards, the
rates for each must be unbundled from each other." In the case of Cox Cable San
Diego, the cost for the Basic converter was included in the Basic rate and the cost for
the decoder was included in the pay rate. This is evident from the following facts:
I. A converter was provided at no cost to all customers.
2. On average, 25,387 or 13% of the Basic customer base elected to pay $2.00 or
$3.95 to have a decoder.
3. A customer was provided a decoder with a pay service, without separate
identification on the bill.
4. Cox Cable San Diego could have allocated on the bill, a $2.00 charge for the
decoder and the balance of the revenue to pay service.
Cox believes it is reasonable to split the pay revenue into two parts and include the
decoder rental that was included in the pay revenue into line 104 and 204.
. Cox Cable San Diego used the 12 months from October 7, 1991, to September 30,
1992, to calculate line 204. Cox should have used the fiscal year January 2, 1992, to
December 31, 1992. This was clarified in question 12 of the July 30, 1993, FCC
questions and answers. The clarification increases line 204, resulting in an increase in
the maximum permitted rate of $.02 per month, per Basic customer.
INAPPROPRIATE METHOD TO COlJNT SATEI.I.ITE CHANNELS
. The consultant's report states that, "Cox counted each satellite !lervice active on its
Chula Vista system as Rone" in determining the benchmarks, regardless of whether
the service was the only service occupying a channel, or whether the service shared
the channel with other services." (emphasis in original.) The consultant feels that
c:lo~d-I
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this method of counting satellite services does not seem appropriate and cites the
FCC's responses to Questions 15 and 16 as support.! Cox disagrees with the report's
interpretation of the answers to Questions 15 and 16.
The questions themselves must be read carefully. Question 15 involves the definition
of a "channel" in establishin~ per "channel" rates (emphasis added). In other words,
this question addresses by what number of channels does one multiply the applicable
benchmark rate in order to obtain the maximum permitted rate. Question 16, on the
other hand, addresses the defmition of "satellite channels" as the term is used for
benchmark table calculations. Thus, the two questions address entirely different
situations.
.......
In Question 16, the FCC said a satellite channel is am: cable program service or
"superstation" delivered on a communications satellite that is not a premium service
(pay-channel or pay-per-view channel)." (emphasis added.) In the Report & Order,2
the FCC states that one of the three characteristics used in setting the benchmark is
"the number of satellite delivered si~nals" (emphasis added.) In determining the
benchmarks, the FCC uses satellite signals, not channels of the cable system.
The reasoning behind this is sound. The FCC recognized that unlike local broadcast
signals, cable operators incur progranuning costs for satellite signals.3 These costs
are incurred regardless whether a channel is carried full-time or part-time. If a cable
operator determines that it is in the best interest of its subscribers to carry two or more
satellite signals part-time instead of one signal full-time, it should not be penalized for
bringing added value and choice to the customers.4
.......
It is interesting to note that the FCC uses the terms "satellite channel" and "satellite
service" interchangeably as well as defining "satellite channel" as "any service". This
clearly indicates that, with regard to benchmark calculations, the FCC was thinking in
terms of program services and not a portion of the electromagnetic spectrum.
Cox, therefore, believes that its method of calculating satellite services to determine
its benchmark rates is correct and is consistent with the intent of the FCC.
I Federal Communications Commission, "Cable Television Rate Regulation Questions and
Answers," May 13, 1993; Questions 15 and 16.
2 Report and Order and Further Notice of PropOsal Rulemaking in MM Docket No. 92-266 (May 3,
1993) pp. 210.
3 The rate survey was performed as of September 30,1992, prior to any retransmission consent
payments for broadcast signals. At the time the survey was conducted, it was not uncommon for cable
operators to carry more than one service on a channel. Thus, the survey results (i.e., the benchmarks) would
take this into account.
4 Some Satellite services do not operate full-time. To accept the report's conclusion would operate
as a disincentive to the cable operator to carry satellite programming during this dead time because the
operator would be unable to recover its costs.
.......
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EXCLUSION OF INCOME TAXES AND RETURNS ON INVESTMENT- FROM
EQUIPMENT AND INSTALI,ATION COSTS.
. Cox agrees that the auditor has correctly interpreted the rules regarding calculation of
line 301, worksheet 3. Under this section, Cox should have removed profit and taxes,
as well as cost of equipment and installation, on worksheet 3. The net result would
have been a decrease in Basic plus CPS charges and an increase in installation
revenue. Total Cox revenues would have been the same.
. In the matter of refunds due to this change, the FCC has clarified in the Third Order
on Reconsideration, dated March 30, 1994, (paragraph 104) stating "the operator's
overall refund liability will be calculated by adding the old charges together and
comparing the total with the sum of the new, unbundled program service and
equipment charges" (copy attached).
INCORRECT ALLOCATION OF CERTAIN INSTALLATION AND EOlTIPMENT
. Cox agrees with the findings of the consultant. This change has no effect on Basic
rates.
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APR 2S '94 11:211'1M COX EXEC STAFF FAX 619/266-5555
P.2/3
express provIsion tor refunds. does not cnange our conClUSion. In l'<ew Em/land rd. 6: Id.
Co. v. FCC, 826 F.2d 1101 (D.C. Cir. 10117), ~ denied. ~90 ti.S. 1039 <1989\. the COUrt """"'"
he,\! tha.. ~ursuant to Section 40). the Commissivn ma>' require cafllers tv u:fund e~mIngs In
excess of a Commission-prescribed authorized rate-oC-retum even though reronds are not
expressly authorized. and even 'ltough another part of Title II of the Comr:l'lOications Act
expressly pennitS an award of QaI....!!es aglllnst c.mers for other types of violations. Thus.
the mere fact that Section 623(c) provides for refunds in the upper tier context does not
persuade us that the Commission's authoriry under Section 4(i). in conjunction with its
rulemaking power under Section 623(b}. is not broad. enough to pennit the Commission to
adopt rules providing for refunds with respect to basic tier rates. This is especially true
when refuDds are necessary in order to achieve compliance with Section 623(b)'s directive
that the Commission shall "ensure that rates for the basic service tier are reasonable." We
thus conclude apin that we may permit refunds for unreasonable basic tier rates to enforce
the provisions of S;ction 623(b) pursuanno our authority under Sections 623(b)(I). lb)(S).
and 4(i) of the Communications Act.1oO
IO~ Rerand Conml1u.dol..:;. Anothe- issue which we neea to address is that of refund
computations for bundled charges. Our n.les state that a franchising authority "may order a
cable operator to refund to subscribers that ponion of previously paid rates aetermined to be
in excess of the pennltted tier cllarge or above the actual cost of equipment . . . . ..1
Although maximum permitted rates are always detennined on an unbundled basis. i.e..
separately for program service and equipment, refund liability may stem from bundled rates.
104. We conclude that the refund liability ShOuld be calculated based on the difference ........
betWeen the old bundled rates and the sum of the new unbundled program setvice charge(s)
and the new unbundled equipment charge(s). The intent of the refund mechanism is to place
subscribers in the same position they would be had they been subject to . reasonable" rates.
To not allow :able operators to factor in equipment charges could result in an operator being
.,.. As an additional matter. Viacom ugues thll because the size of the reiund. l'Ie nature oi
subscriber records. and the elUent of customer turnover may differ trom system 10 sYb.~m. c~ble
operators should be Biven the flexibility to detennine how 10 distribute refunds. This issue was fully
consIdered and addressed in the Rale O<<ler, wbere we encouraged cable OperaUlI'$. with respect to
both upper and ilasle; tier service. to identify the actual subscribers who are owed refunds. if such a
procec1ure em be accomplished without unreasonable burden. ana refund t~ overage either through
direl:t paymettl or as a credit to the subscribers' bills. Ill. It 5727 n.378; 5866 fit. seq. It is not clcar
what new issue Or arrument petitioner is attempting 10 raise. We believe lhat Rale Order prOVides
sufficient flexibility for cable operalol'$ to give refunds in a vanety of appropnate fashions. clepending
on the circumstances. Recognizing that identifying individual refune! recipients may be difficult. we
gave cable operators the option of graming a prospecllve percentage reduclion to cover the cumulative
overcharge. This reduction would be reflected in a one.time credit on prospective bills 10 the elass oi
subscnbers thai had been unJuslly charged or. to the extent an overcharge is assoclaled With a
sep~r'alely priced lier of servIce. refunds should be made to Ihe ciass of subscribers who receIve [hat
service.
.. 47 C.F.R. ~ 76.942(al.
.......
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APR 28 '94 1.1:22I'V1 COX EXEC STAFF FAX 619/'"<::66-5555
t"'..:J/,:J
reqUired to make a rate reduction tl'lat IS vreater :nan the m~xlmum reauctlon requlreo unaer
application or the benchmark approach. This analysis is consistent with our earlier statement
that ":he cable operator must make prospe~:IVl: billing adjustments to reruna overcharges
{~ offset iI!X underc:harl!esl in a rellsonable maMer" (empil3sis supplied),': This analysis
also applies to unbundled charges where an operator was charging separately ror proiram
serVices anJ equip.nent but the rates d.... 1M con.tlly with our rules (because:. for example.
the equipment raleS were higher than actual cost). In this situation. the operator's overall
refund liability will be calculated by adding the old cbaries together and comparing the total
with the sum of the new. unbur.dled program ~rvice and equipment charges.
10S. Refunds as Affecting Franchise Fee Liabilitv, Section 622(h) of the
Communications Act provides that "[flor any twelve-month period. the:- franclllse rees paid by
a cable operator with respect to any cable system shall not exceed. five percent of such cable
operator's gross revenues derived in such period from the operation of the cable system."
47 U.S.C. ~ S42(h). Booth American Company notes that when a refund is orclered. a cable
operator's gross revenue hAs been reduced. ancl that its franchise fee should be reduced
proportionately Petitioners request that the Cor.'mission modify its regulations to provide
that any amount OV<lr the percent:.;~ .:Jil!ro\S rel'enues tIlat represents the franchise lee.
calculated without including lhe amount of the refunds. should be. returned .to the cable
operator,
106. We will arant petitioners' request. and amend Section 76.942 accordingly. To
the extent that a franchiSL fee is calculated as a percentage of the cable operator's gross
revenues and those revenues arc reduced on accoUnt of refunds. the franchising authorilv
must promptly mum to the cable operator me amount that was overpaid as a result of the
cable operator's newly-diministled gross revenues..l
107. Calculation of Refunds em Basic Rales. In the Rate Order and in subsequent
orders addre~sinll the effective dale of rate regulation.... we indicated thlt cable systems
\o"o~:: :-e subject 10 r,,'rel'lial refund li::biE':' tr'~ Ihe: vaSlC servIce tier as of ltle eifecllve u....
,r \)ur rJics. which we uitUhllttiy uetcrtmnea to "" ;:..:ptemll<.l L 1993. ~ ~.g.. Bi!s
oz ~ ill MM Docket No. 92-266 (released July 27. 1993).58 F,R. 41042,41044 n.21 (Au&.
2. 1993) (discIISsinl this issue: in the context of cable operators not being ablll to adjUSt their rates in
time when the llffeaive date of reculation was moved from OctObllr 1. 1993 to Sllptember 1. 1993\.
" With rllSpect to money that constitutes a f\'llll:hise fee oVllrcbarge resulting from a rlleund 10
subscribers pursulIlt to a rate-seltms procedure. and thus owed by a rrandrisinl authority to a cable
operator. the cable operator may deduct thll &moUllt from future franc;hise fees. rather than have the
franchising authority return it in one imtnediate lump sum payment.
... As \Io'e have elI.plamed before. administtatlve difficultillS necessitated clefllrral of the ongllw
June 21. 1993. effective date for fate regulation 10 September l. 1993, ~ Order III ~{M Docket
~o, ~2-266. FCC 93-304. tllleased June IS. 1993. sa F.R. 33S6O (June 18. 1~93): ~ In MM
Docket No. 92.266. FCC: 93-372. rllleaslld July 27. 1993. S8 F.R, 41042 (August ~. 1993\ (n all
or these orders. we made clear that refuna liability would bcain as of the effccllve aate of the 1'\Il~',
37
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PUBLIC KNOWLEDGE""
EXHIBIT 3
3510 SI.lNRlDGE DR. S.
SALEM. OR 97302
(503) 581-0878
FAX (503) 581-2026
28~8 "'-E. STAJlITON
PORTLAND. OR 97212
(503) 287-7273
FAX (503) 287-7323
'"""
March 7. 1994
Mr. Lyman Christopher
City of ChuIa Vista
276 Fourth Ave.
ChuIa Vista, CA 91910
Dear Lyman:
At your request, we have conducted a review of the Federal Communications Commission
(FCC) Form 393 cable television basic ICrVice rate filing (filing dated September I, 1993;
transmittal letter dated January 6, 1994) submitted to the City of ChuIa Vista by Cox Cable San
Diego (Cox). This letter summarizes the results of the review and presents our
recommendations for adjustments to Cox's cable TV rates.
As you arc aware. the FCC has developed a complex act of rules and procedures for regulation
of cable TV rates in accordance with the Cable Television Consumer Protection and Competition
Act of 1992. Local franchise authorities arc empowered to regulate monthly rates for basic
programming services and equipment rentals. as well as installation and related transaction
charges. The FCC intends to dircctly regulate monthly rates for "cable pro~..nu:aing ICrVices" '"""
(more ............only called "expanded basic" or "tier" ICrVices). Cable programming ICrVices
(CPS) arc packages of program ICrVices not included in the "basic" package and for which the
subscriber muSt pay an additional monthly fee. The rates for still other programming ICrViccs,
offered on . per channel or per program basis, commonly called premium or pay services, arc
Dot regulated by either local franchisc authorities or the FCC under CU!TCIlt law.
The pmposc of the FCC Form 393 is to provide a framework for . cable operator to submit
certain data and calculations to justify its rates as of the initial date of regulation, in accordance
with FCC rules. Monthly programming ICrVice rates arc compared against benchmarks
developed by the FCC, and equipment and installation dwges arc developed based on an
operator's actual costs, again as detcnnined by FCC guidelines and procedures. The end result is
intended to be . act of maximum permitted rates and charges applicable to the cable operator in
the local franchisc area. .
A. Scope ad Procedures
.
Our review included assessing Cox', compliaDcc with FCC rulCJ and pidelinCJ; evaluating the
accuracy of certain data and calculations; and testing the reasonableness of certain methods and
assumptions that Cox applied. We performed the following procedures: .....
"""\
CONSUl.71NG AND INFORMA77ON SERVICES FOR PUBlJC MANAGEMENT EXCElJ.ENCE
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. Performed a preliminary review of the completed FCC Form 393; for example:
Spot-checked Cox's compliance with certain form completion instructions
published by the FCC.
Checked the inflation index data that Cox used.
Compared benchmarks used by Cox to the FCC benchmark tables to evaluate
whether the correct benchmarks were used for the number of subscn"bers, total
regulated channels, and number of aatellite channels assumed by Cox.
Identified needs for further information.
. Prepared a data request and forwarded it to Cox.
. Contacted the Cox official responsible for preparation of the Form 393 and through telephone
interviews and facsimile transmissions obtained information related to our data request.
. Conducted a desk review of the information that Cox provided including, for example:
ComparCd rates, charges, and programming lino-ups on the Form 393 with the
aetua1s as presented on programming Iino-ups and rate cards provided to
subscn"bcrs.
Tested calculations and intcrrc1ationsldps among the parts. worksheets, steps, IJId
aehedules to check whether computations were correct IJId internally consistent.
Assessed the data SOlD'ces, methods, IJId assumptions that Cox applied to develop
equipment IJId installation costs, to test whether Cox's approach appeared to be
reasonable IJId consistent with FCC rules, guidelines. and interpretations.
Compared certain information reported by Cox to data submitted by a sample of
cable operators from around the countl)'. to further test the reasonableness of
certain Cox data.
. Visited the Cox facility in 81J1 Diego IJId performed certain additional pn.cedures; for
example:
. .
Checked certain data against S01D'CCS (billing system 1qIOrtS, service activity
reports, asset records, IJId gcncralledger revenue IJId expense reports).
Reported our preliminary findings to the Cox official responSl"ble for preparing
the Form 393 and identified open iasucs.
. Received IJId reviewed certain additional information from Cox pertaining to iasucs open at
the conclusion of the lite visit
. Summarized findings for review by you IIld Cox officials. .
. Prepared this reporl
2
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We performed the procedures that we believed to be appropriate within the time and budget
limitations established for this review. Had we performed additional procedures, other matters
may have come to our attention and our reported findings may have been different.""""
B. Summary of FiDdings
In general, it appears that Cox personnel have attempted to prepare the Form 393 carefully and
in accordance with FCC rules as they interpret them. However, we identified certain problem
areas. including the following:
. Incorrect date and inflation factors
. Incorrect reported installation and equipment revenue .
. Inappropriate method to count satellite channels
. Inappropriate exclusion of income taxes and mum on investment from equipment and
installation costs .
. Incorrect allocation of certain equipment and installation costs
Corrections for certain of these problems decrease the maximum initial permitted rate per
channel, while other corrections cause increases. Correction for the problems collectively leads
to a decrease in the initial permitted rate for basic lleI'Vices. Each of these problem areas is
discussed below.
Incorrect date and inftatirm factors
Cox dated its Form 393 September I, 1993 (prior to the initial date of regulation by the City) ""'"
and reported (on Line 101 of Worksheet 1) basic and cable programming lleI'Vice rates that were
in effect prior to that date. Cox ahould have instead dated its form after the initial date of
regulation (which, for the basic lleI'Vice tier, is the date that the City notified Cox that the City
was certified by the FCC and that basic rates were IUbject to regulation), and ahould have
reported the rates that it was charging at that time. I For basic lleI'Vice, the reported rate ahould
have been $7.91 instead of $14.85; and for the Cable programming lleI'Vice tier the reported rate
ahould have been $14.51 instead of$8.10. This change, in itself, has no impact on the resulting
permitted rates, because the Worksheet 1 rate data turn out not to be a factor in the Cox rate
determination.
(
However, because the Cox filing ahould have been dated later than it was, the applicable
inflation factors applied in Worblteet 1 should also differ from those used by Cox. The form
requires the use of an inflation index publish~ by the US. Department of c........erce. This
index is updated quarterly, and in JID1W)', 1994, when Cox submitted its Form 393 filing to the
City, the most JeceIIt quarter for which an index figure was avfilable was the quarter ending
September 3D, 1993. Cox ahould have used the 126.2 GNP.PI index for that quarter on Line
122 of Worksheet I, and ahould have used a GNP-PI of 122.5 for the quarter ending September
30,1992 in the calculation 01\ Line 124. Inrr". Cox used outdated indices. Cox also should
have entered 15 months on Line 124 (the Dumber of complete months since September 3D, 1992)
I Worksheet 1 is entitled "Calculation of Rates in Effect on Initial Date of Re~lation and
Benchmark Comparison" [emphasis added]. A,1so see the FCC rules, 47 CFR 76.922 (b) (iii).
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end 12 months on Line 125 (the number of months from September 30,1992 to the most recent
GNP-PI quarter).
)
Correcting the Cox filing for the initial rate end inflation factor problems together, yields a
maximum initial permitted rate per chlMel that is about 0.1_ higher than in the Cox 393 filing.
The very IIDalI increase is attn'butable to the extra months of inflation beyond those Cox
assumed in its filing. .
]nemTect renorted installation and equipment revenue
Cox incorrectly reported itS installation end equipment revenue both for the initial elate of
regulation (Worksheet I, Line 104) end for September 30, 1992 (Worksheet 2, Line 204). The
PCC iasued a clarification on how revenue Ihould be reported on Line 104 after Cox had
IUbmitted its Porm 393 to the City. 2 However, correction of this line would have no effect on
the maximum initial permitted rate per chlMel because Cox's rates are determined by the rates
C1d installation C1d equipment revenue. from September, 1992, not those at the initial elate of
regulation.
The incorrect amount reported at Line 204 of Worksheet 2 does have en effect on the calculation
of the maximum permitted rate. In determining its reported amount, Cox included not only
revenue that it actually received for installations end equipment in the twelve-month period
ending September 30,1992, but also en inlputed amount of revenue for Converters ued by pay
services customers. In fact, during the applicable period, Cox ~d not charge pay customers a
leparate equipment charge for converters. A Cox representative has stated that the rationale for
including revenue for these converters in Line 204 is based on the theory that the converters had
value, C1d that Cox could have charged pay customers leparalely for them had the compeny 10
chosen. Yet we are aware oho PCC rule,auideline, our clarification that ltates that operators
can include i1JUluted amounts in the figures reported for equipment end installation revenue. The
amounts that Cox reported for imputed revenue for these converters are Dll1 identified as
equipment revenue in the Cox accounting records for the applicable period, nor, to our
knowledge, were pay customers during this period informed that they were paying a apecified.
amount per month for converter rental. We therefore believe that the i1JUluted portion of the
revenue amount that Cox has reported at Line 204lhould be disallowed.
)
2 The PCC has cllrified that for the fiaurc reported on Line 104 ....operators must ue
equipment revenues that will be......lesentative of the equipment rates that were in effect as of
the initial date .ofregulation. Wbcrc available, actual revenues Ihould be used. Where operators
have restructured equipment rates as of September I, 1993, in accordence with our regulations,
we would C1ticipatc that in most c:ues, absent apecial circumstlnces, operators will enter on
Line 104 the lime, or nearly the IIDIC, 1IUIDber as on Line 301. Line 301 is the C1ticipated
revenues based on OIt~~t rates derived in accordance with PCC rate resuJations." (Federal
c........\a4ications Commission, Question 7, ..Questions end Answers on Completion of PCC
Porm 393 C1d Associ.ted Piling Requjrements," November 10, 1993). Cox, filina before
November 10, 1993, did Dot comply with this instruction.
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Cox included $50,441 of imputed converter rental revenue in Line 204. A subtraction of this
.amount ftom the reported figure produces a maximum initial rate per channel that is
approximately O.6~ per month less than the rate reported by Cox.
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Iftannrt)"riate method to eount satellite channels
The number of satellite channels is a factor helping to determine what benchmark rates should
be selected for the time of the filing (Worksheet I, Line 121) and for September 30, 1992
(Worksheet 2, Line 220). In. the Cox filing for Chula Vista, the relationship between these two
benchmark lines determines a "channel adjustment factor" calculated at Worksheet 5, Lines 501
_ 503. This channel adjustment factor in turn helps to determine the maximum initial permitted
rate per channel.
Cox counted each satellite service active on its Chula Vista I)'stem as "one" in cletermining the
benchmarks, regardless of whether the service was the only service occupying a channel, or
whether the service shared the channel with other services. For example, a channel shared by
two satellite services was counted as "two" in the satellite channel count by Cox. The Cox
system currently offers several channels that Ihare two or more satellite services, 10 that by
counting multiple services on a channel Cox derived satellite channel counts notably higher than
uno single channel were counted as more than "one." .
The Cox method of counting satellite channels does 1I0t seem appropriate. The FCC has
clarified that a "channel is a unit of cable service identified and selected by a channel DUlDber or
similar designation.... The distnDution of several programming services combined on a single _
channel does not increase the number of c:1wmels on the I)'stem." The FCC then proceeds to ~
define a "satellite" channel as "...any cable program service or 'superstation' delivered on a
communications satellite that is not a premium service....'" The most reasonable interpretation
would read the two definitions together, with the second distinguishing satellite services from
others, and the first helping to presc:noe how channels (including, by reasOnable inference,
satellite channel~ are to be counted. Morcom, we could find no discussion in the FCC's
published discussion of the survey and ciuantitative methodology it used to set the benchmarks
that would indicate that satellite channels were or should be counted in the manner applied by
Cox. The benchmark tables produced by the FCC in fact imply that the FCC did 1I0t
contemplate the posSloility of counting multiple "satellite channels" on a single regulated
channel. bcc:ause there are no benchmark entries on the table matrices where the Dumber of
satellite channels c:ould exceed the total DUlDber of regulated channels (a condition that would be
at least theoretically poSSlole under the method employed by Cox).
i
We believe that DO lingle channel ahould be OOlDlted as more than "one" atcllite channel.
Applying this approach, we identified 38 satellite dlannel. on the current Chula Vista I)'stem.
and 38 atcllite channels in September, 1992. These revised OOlDlts lead to a benchmark of .461
(compared to .468 used by Cox) at !.iDe 121 aDd of .461 (compared to..462 used by Cox) at Line
220. These benc:1mwb in turn create a channel adjustment factor of 0.000 at Line 503.
compared to the 0.013 entered by Cox. This change in itself would cause the maximum initial
, Federal c...........nications Commission. "Cable Television Rate Regulation Questions and
Answers," May 13. 1993; Questions 15 and 16. -"'"'\
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permitted rate per channel to be about O.6~ per month lower than that indicated by Cox on its
Form 393.
. Inl\PtlTopriate exclusion of inMme taxes and 1'etum on investment from eaui"ment and
inltal1arion easts
.
The FCC has provided for a mum on investment and income tax expenses as costs to be
included in the rates charged for installations and equipment.. Cox did not include these factors
in its filing to the City of Chula Vista. While the exclusions cause the maximum permitted
installation and equipment ti.tes to be lower than they would be if taxes and a return on
investment were included, Cox's approach also causes the maximum permitted monthly rates for
regulated program services to be higher than they would otherwise be. The higher monthly
program service rates result because the total monthly cost of installation and equipment is
IJ.1.btracted from the base rate per channel- (at Line 301 of Worksheet 3) to help determine the
maXimum initial permitted rate per channel on the Form 393. Cox would have subtracted more
at Line 301 if income taxes and a mum on investment had been included in its reported
installation and equipment costs.
A key issue is whether the FCC sought to give operators discretion to apply less than their full
. costs in determining installation and equipment costs. The applicable rules suggest that the FCC
did not intend such discretion. For example, 47 CPR 76.923 (c) states that "A cable operator
shall establish an Equipment Basket, which wm include aU costs of providing customer
equipment and installation under this section" (emphasis added). Further in the same subsection
the FCC indicates that "The Equipment Basket Jha1l include a reasonable profit" (emphasis
added). In its "Second R.eport and Order" (August 27,1993) the FCC observes that" mCongress
intended that om regulations establish equipment rateS similar to those that would exist in a
competitive environment. Under the 'actual cost' standard, cable opentors recover their costs
including a reasonable profit. This will result in rateS comparable to those that would exist in a
competitive environment, thus subjecting a reasonable amount of equipment to a standard that
furthers Congress' intention." By excluding certain costs from the Equipment Basket Cox has
not fully complied with the "actual cost" standard. In effect, a portion of the installation and
equipment costs are being subsidized by month~y program service rateS.
On a going forward basis, ~yt()priately adding certain costs to the Equipment Basket and
nbtncting the costs from monthly program service charges could be "revenue neutral" fOT Cox.
That is, the amounts Cox gains by higher permitted equipment and installation rates (if Cox in
fact nises these rates by the amount of the increase in permitted levels) should be offset by
lower permitted monlhly P'....m .mce rates. However, for the purpose of c1etc:rmining
potential refund tiabnity on a retroaetive basis. an adjustment for the income taxes and return on
investment ex_ons would not be revenue neutral. bec-..... nbscriben would be entitled to a
. Schedules A and C of Part m of the Form 393 contain columns for a ntam on
investment, federal income taxes. and state income taxes. The instructions for determining the
return on investment on the Form 393 indicate that lhe FCC will consider up to 11.25% as a not
l1D1'C&SOI\&ble rate of return. ])irection on cletcrmining the tax rate is included in "FCC Rate
R.ules: Questions and Artswers." Multichannel News. Aupst 9, 1993~ Question t4; and in the
FCC's "Second Report and Order," paragraph 59 and an associated footnote (August 27,1993).
6
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Tefund for the amoUnt that Cox actually charged above the maximum permitted rates for
monthly program services, but Cox would not be able to recover the added equipment and
installation charges that would be permitted under the revised rates. The monthly program ""'"
service overcharge attributable to the understatement of equipment and installation costs equates
to about 1.4~ per channel per month for aubscribers in Chula Vista. 5
Inr.nn-ect allocation or certain installation and eqpipment costs
The FCC rules IJId instructions for the Form 393 require that the costs included in the
Equipment Basket be those, IJId only those, associated with the installation activities and
equipment for which the cable operator is able to charge aubscn"bers on a basis unbundled from
other services. For example, installation personnel may also perform service disconnection
activities, but under the rules the costs of disconnections are to be recovered in monthly program
service charges, not as a lCparate charge to aubscn"ers (or former aubscn"ers). The costs of
discoMection activities therefore should not be included in the Equipment Basket.
Cox allocated certain costs to the Equipment Basket based on the proportion of time that field
service personnel spend on activities involved in services that may be billed to aubscn"ers as
installation and equipment charges, versus time these personnel spend on activities that are not
lCparately billable. This is a reasonable approach for several of the objects of expenditure that
Cox included in the Equipment Basket. However, Cox did not allocate certain costs that support
both activities that are lCparately billable under the rules and activities that are nol Specifically,
Cox included tools and maintenance facility costs in Schedule A of Part m of the Form 393 and
allocated these costs to a poolaupporting field services personnel, but did not further allocate the
gross book, accumulated depreciation, and annual depreciation figures to Teflect the fact that """
these assets also support certain field services activities not appropriately included in the
Equipment Basket (for example, discoMection activity). Cox could have reasonably applied a
labor cost allocation percentage it developed for Schedule B to the items included in Schedule A
as well.
This adjustment, by itself, would llightly lower the maximum permitted rates for installations
IJId equipment, but would atightly increase the maximum permitted monthly rates for program
services. The effect on monthly rates for program services is less than O.l~ per channel.
C. Mulmum Permitted Rates aDd Related RecommeodatioDI
We have four principal rew......endations. as reported below:
. Order basic service rate reduction anellor iaaue IJIllCC01JDting order
. Order refunds (optional) '.
. Notify the FCC of City rate actions . ,"
. Evaluate ftJture FCC actions.
5 This calculation assumes that Cox would apply the maximum permisSl"le return on
investment IJId tax percentages allowed by .the FCC.
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Any rate reduction actions or refund decisions the City makes based on these recommendations
should be expressed in written orders directed to Cox.
Order hasic cervice ute reduction and/or isme an .ecountin~ order
Based on the findings reported above, we believe that Cox rate reductions would be appropriate.
The City's alternatives include the fol1owina:
OJltion t
The City could order Cox to reduce its rate for the basic Ier'Vice tier. If the City chooses this
alternative, we recommend that the ordered rate be $7.72, compared to the $7.91 that Cox now
charges, a reduction of $0.19. The recommended rate is based on a maxilDtlD1 initial permitted
rate per channel of 42.9t, compared to the 44.0t indicated in the Cox Form 393 filing; it
assumes 18 channels of basic Ier'Vice. . On an annual basis, the reduction equates to about
$72,000 for Chula Vista I11bscribers.
The 42.9~ (see Attachment 1) reflects the corrections discussed above in the findinas for dates
and inflation factors, reported installation and equipment revenue, and satellite channel counts.
It does JIg! include any adjustments for items affectina the Equipment Basket (income taxes and
return on investment, and cost allocation factors). We have excluded the adjustments for the
Equipment Basket factors in order to not put the City in a position of possibly authorizina future
increases in installation and equipment rates before the City has learned how the FCC will act on
cable programming Ier'Vice rates related to the current Form 393 filing and before !lew FCC
rules expected lOon have been published (see below). The recommended rate is inclusive of all
basic Ier'Vice fees and charges except the applicable franchise fee, which is addressed below.
We did not make any adjustments for installation and equipment colts in the suaeated 42.9t
rate. Although we have certain findings that mggest that these rates could be adjusted (see the
findings regarding income taxes and return on investment, and certain asset cost allocations), we
believe that it is prudent for the City to JIg! order adjustmeJ)t of these rates !lOW. We advise the
City to wait until the FCC has acted on the cable progr&mmina Ier'Vice rate and untt1
forthcoming FCC IUles have been reviewed (see below) to determine the correct course of
action. If it acts by the end of the 90 ciay tollina period currently applicable, the City has the
authority to issue a brief written order directing Cox .....to keep an accurate account of all
amounts received by reason of the rate in islUe and on behalf I11ch amounts were paid.'" The
accounting order should Ipecify that basic Ier'Vice rates and all equipment and installation rates
are still at illUe, even thouab the City has iII11ed 1ft order <ace above) for basic Ier'Vice rate
ncluctions.
We believe that the FCC rules prevent Cox from establishing new installation or equipment rates
or raising these rates more fiequently than annually, unless die City has ordered or specifically
allowed a chanae as pI1't of. rate proceeding UDder the FCC rules.' Further, as a cost
, 47 CFR 76.933 (e).
, Fcc, "Cable Television Rate Reaulation Questions Iftd Answers," Question 33: "How
often can rates chanae for equipment? AnIWe!'; As for other rate increases, cable operators may
8
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accounting matter, because Cox excluded certain installation and equipment costs from Part m
of the Form 393, one effect is for the monthly rates for programming services to be higher than
they would otherwise be. I We do not believe that the FCC intended to allow operators to
double recover equipment and installation costs by excluding them from Part m of the Form 393
(and thereby increasing rates for programming services), and then at a later date implementing
an increased charge for equipment or installations that was not properly accounted for in the
Form 393 "Equipment Basket."
We therefore rc..ommend that the City carefully review future installation and equipment rate
filings that Cox submits to evaluate the consistency of the cost finding methods used in the new
filing(s) with those used in the initial filing under review in this report. In the future, basic and
cable programming services rate increases will be determined, in part, "by a price cap adjustment
that buJ1ds on the initial maximum permitted rate per channel. In effect, the higher the initial
established rate per channel, the higher rates will be in the future (if all other factors are equal).
As noted above, if the cable operator has excluded or understated certain equipment or
installation costs in Part ill of the Form 393 filing, as Cox apparently has in this case, one result
will be higher initial program service rates, and the operator would potentially continue to
benefit from these higher rates as future price cap adjustments occur.
Attachment 2 mowS what the Cox maximum initial permitted rate per channel would be if
adjustments were applied for the equipment and installation cost finding problems noted in this
report. The per channel rate would be 41.S~ instead of the 42.9~ recommended for the rate
reduction order noted above, but the maximum permitted equipment rates would also be higher,
possibly offsetting the program service rate reduction.
Our specific concern, therefore, is that Cox could gain a higher program service rate now by
excluding costs from the Equipment Basket, and then potentially "catch-up" on any installation
or equipment costs that were understated in the initial filing by applying a more inclusive cost
finding approach in future installation and equipment cost filings. Thus, to the extent that Cox's
cost finding methods or assumptions may differ in future filings, the City mould reserve the
right to (1) reject or adjust the cost finding methods or assumptions if they are inconsistent with
those used in this initial filing; or (2) require adjustments to the maximum initial permitted rate
per 'channel to account for the changes in the cost finding methods or assumptions. The issuance
of an accounting order now mould assist the City to require future adjustments, and Cox to make
"funds, mould they become necessary because of the equipment and installation cost finding
procedures that Cox applied in this filing.
OJltion 2
""""
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As a IeCOIld option, the City could Dot order a rate ieduction ~ this time, but only issue an
accounting order indicating to Cox that the City could possibly order a rate reduction and refund
in the future. This option would give the City fbrther opportunity to evaluate FCC actions
before committing to any rate reduction or refund actions.
file for equipment charges annually," . .
I This result occurs because the total cost of the "Equipment Basket" is Illbtracted at Line
301 of Worksheet 3 in order to help determine.the maximum initial permitted rate per channel. """"\
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prder refunds (DntiDnal)
. lfthe City selects the first option above, it can order basic service refunds to subsenDers, for the
period between September I, 1993 IJld the date that Cox reduces its basic rate to no higher thlJl
the maximum perm!tted level indicated in this report. The City bas this authority under the FCC
rules.' The City must give Cox notice IJld IJl opportlmity to comment. Cox bas the option of
refunding amounts to specific subscn"bers affected or via a one-time percentage applicable
reduction to the class of aubscn"bers currently subsenDing to the system. In addition, interest
(computed at IJl Internal R.evenue Service rate) is to be added to the refund amount. Once the
City bas issued IJld Cox bas accepted a rate reduction IJld refund order, the City should review
Cox's proposed refund methodology IJld amo\DIts to ensure complilJlce with the FCC rules.
J'loti(y the FCC or City rate action
The City should notify the FCC of the City's actions, to alert the FCC of a required reduction in
Cox's cable programming service rate. Only the FCC can order a cable programming service
rate reduction. If the FCC were to adopt a maximum permitted rate of 42.9_ per channel (see
Attachment I), the rate for the cable programming service tier would be $14.16, compared to
$14.51 currently (assuming 33 cblJlDels). The lJlDual reduction for Cbula Vista subscribers
'Would be about $132,000.
~valuate future FCC actions
.
The FCC has lJlDounced that it will be issuing lJlother order of reconsideration and/or further
interpretations of its rules in the next few weeks. The FCC action could have IJl impact on the
Form 393 calculations or the City's position in this rate regulation proceeding, and we and the
City can only evaluate the impact once the orders or interpretations have been promulpted.
If you have any questions or comments regarding this report you may ClOIltact me at
503-287-7273. Thank you for this opportImity to serve the City of Cbula Vista.
Sincerely,
the. ~
lay C. Smith ,
President, Public lCDowledge. Inc.
,
47 CFR. 76.942
.
10
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EXHIBIT 4
COUNCIL AGENDA STATBKENT
Item
Meetinq Date
5/03/94
ITEM TITLE:
public Hearing regarding existing and proposed
rates and charges for Cox Cable's Basic
Service Tier and associated equipment
b) Resolution approvinq the issuance of
an Accountinq Order to Cox Cable
a)
SUBMITTED BY: Deputy city Manaqer Thomson
REVIEWED BY: city Manager (4/Sths Vote: Yes_ 110...1..>
..
On September 7, 1993 the City Council authorized staff to apply to
the Federal Communications Commission (FCC) for the limited cable
television rate requlation authority that is now available to
cities. That authority was granted to the city by the FCC as of
November 12, 1993, and Chula vista staff subsequently worked with
staff from National city, Imperial Beach, La Mesa and poway to
jointly select a consultant to help conduct the initial rate review
process. On January 4, 1994 the city Council approved a memorandum
of understanding (MOU) among these five cities for purposes of a
coordinated approach to regulating Cox Cable's cable television
rates for the Basic service Tier since September 1, 1993. The
cities jointly selected Public Knowledge, Inc. to conduct this rate
review analysis for the cities, and Public Knowledge, Inc. prepared
a separate report for each of the five cities. The report from
Public Knowledge, Inc. regarding Cox Cable's rates in Chula Vista,
which is attached as Exhibit 2, concludes that the City could order
Cox Cable to reduce its monthly rate for the Basic Service Tier
from $7.91 to $7.72, a reduction of $0.19 per month.
On March 30, 1994 the FCC issued new cable television rate
regulations that will become effective on or after May 15, 1994.
In the attached letter dated April 21, 1994 (Exhibit 1), Cox Cable
has indicated its request that the May 3 public hearing be
continued until after June 15, 1994 to allow Cox Cable additional
time to review the report prepared by Public Knowledge, Inc. as
well as to review the new FCC requlations. Under the
circumstances, staff considers this request for a continuance
appropriate, and other cities have also continued their
consideration of Cox Cable's rates. The City must, however, take
some action by May 10, 1994 or the rates submitted by Cox Cable in
January 1994 will officially be deemed approved as submitted, at
least until the new FCC requlations are implemented on or after May
15, 1994.
""""
""""
Staff has therefore prepared the proposed resolution which will
reserve the City'S right to order rate reductions and refunds
(potentially retroactively to september 1, 1993) in the event the
city subsequently takes action to disapprove Cox Cable's basic """
rates. It is staff's understanding that Cox Cable concurs with the
proposed continuance and resolution.
C)D .. If If ;;J S?
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RECOMMENDATION:
That Council:
1. Open the public Hearing and invite public comment;
2. continue the Public Hearing to June 21, 1994; and
3. Adopt the resolution approving the issuance of an
Accounting Order to Cox Cable
BOARD/COMM%S8XON RECOMMBNDATXON: NfA
BACKGROUND:
The federal "Cable Television Consumer Protection and competition
Act of 1992 (Cable Act of 1992)" provided local cable television
franchising authorities, such as the city of Chula vista, with the
ability to regulate, to a limited degree, some of the rates charged
by their cable operators. A city's rate regulation authority is
limited to the rates charged for the Basic Tier of services and
associated equipment. This tier, as defined by the Cable Act of
1992, includes local commercial stations and public, educational
and governmental access channels.
Rates for expanded tiers, which include such channels as ClIN, ESPN
and MTV, are now known as "Cable programming services" and are
regulated by the FCC upon the filing of a complaint by a subscriber
or a franchising authority. Rates for premium and pay-per-view
channels, such as Cinemax or HBO, are not regulated by any agency
under the Cable Act of 1992. The FCC began issuing Orders relating
to rate regulation for cable television services on May 3, 1993,
with the original effective date of June 21, 1993, subsequently
delayed to September 1, 1993.
New rates using FcC-mandated "benchmarks" were implemented by Cox
Cable San Diego, Inc. on september 1, 1993 in Chula Vista as well
as the other franchise areas served by Cox Cable. The new rates
implemented by Cox Cable on september 1, 1993 are summarized in a
Cox Cable publication attached as Exhibit 3. As indicated in this
attachment, Cox's monthly rate for an 18-channel Basic Service Tier
in Chula Vista was reduced to $7.91 compared with a former $14.85
rate for a 15-channel lineup. As of September 1, 1993, however,
Cox Cable increased its cable Programming service (CPS) monthly
rate from $8.10 to $14.51 in Chula vista. The total of both tiers
(Basic and CPS) was thus decreased from $22.95 to $22.42 in Chula
vista, as well as in Imperial Beach, National City and Santee.
As indicated in Exhibit 3, Cox Cable established three different
groups of rates for its ten franchise areas, based on the number of
channels and the date of the upgrade that Cox Cable provided in
each of the franchise areas. It needs to be emphasized that
franchise authorities can only regulate the Basic Tier of services
2
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Meeting Date
5/03/94
and associated equipment, not the rates for the Cable Programming
Services Tier (such as CNN, ESPN and MTV) or for premium or pay-
per-view services (such as cinemax or HBO). As also indicated on
the attached rate schedule implemented by Cox Cable on September 1,
1993 (Exhibit 3), the fees for various equipment and installation
services were also modified at that time. As indicated in Exhibit
4, Cox Cable modified its installation charges further on January
1, 1994.
The Cable Act of 1992 provided for a certification process for
franchising authorities desiring to regulate Basic Tier rates, and
the FCC has been issuing various Orders related to the
certification process and the rate regulation process since May 3,
1993. As indicated above, the effective date of rate regulation
was changed several times by the FCC, but September 1, 1993 was the
final date so the City's rate regulation authority is limited to
the period starting on that date.
On September 7, 1993 the City Council adopted Resolution 17245
authorizing the city to submit a certification application to the
FCC for regulation of cable television Basic Tier service rates and
adopting regulations and procedures for the city's rate review that
are consistent with the FCC regulations. The September 7, 1993
Agenda Statement and Resolution 17245 are attached as Exhibit 5.
On October 12, 1993 the City Council adopted Resolution 17271
amending Resolution 17245 to indicate that Chu1a Vista Cable is not
subject to rate regulation under the FCC guidelines because staff ~
had determined that Chu1a vista Cable is subject to effective
competition as defined in the FCC regulations.
Of the ten franchising authorities in the San Diego region that are
served by Cox Cable San Diego, staff from five of the cities formed
an informal cable television committee in mid-1993 to explore
opportunities for coordinating cable television regulation efforts.
These five cities were Chu1a vista, National City, Imperial Beach,
La Mesa and Poway. This informal committee identified the need to
have someone with cable television rate expertise review the rate
schedules submitted by Cox Cable to determine if they are in
conformance with the FCC rules and guidelines, which are quite
lengthy and complex.
The committee developed a Request for Proposals (RFP) to provide
services regarding the review of the FCC Form 393 and supporting
worksheets submitted by Cox Cable to each of the franchise
authorities. The committee received seven responses to the RFP,
and after interviewing the three top firms, unanimously selected
Public Knowledge, Inc. to provide the requested services. The city
council.s of each of the five cities approved a memorandum of
understanding (MOU) among the five cities to provide a framework
for administering the contract with Publ.ic Knowl.edge, Inc. in
January 1994, with the Chul.a vista City Council approving the MOU
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5/03/94
on January 4, 1994. The maximum cost of the contract was $6,200,
with the cost split equally among the five cities. The contract
does not provide for the consultant to attend the city Council
meetings unless individual cities pay for that cost separately.
The city of Chula Vista had submitted its application to the FCC
for regulation of Basic Service Tier rates on October 12, 1993, and
the city was effectively certified to regulate Basic Tier rates of
Cox Cable as of November 12, 1993. On December 10, 1993 Cox Cable
received the city's notification that it was certified and that it
was requesting Cox Cable to submit its FCC Form 393 within thirty
days regarding its rates since September 1, 1993 for basic services
and associated equipment. On January 10, 1994, the City received
Cox Cable's Form 393, which is attached as Exhibit 6 with a
transmittal letter from Cox Cable dated January 6, 1994.
Under FCC regulations and City Resolution 17245, the city has
thirty days to review the Form 393 submitted by Cox Cable, but it
can extend that review period by an additional ninety days by
sUbmitting a letter to Cox Cable extending the review periOd, and
the city did so on February 1, 1994. The City thus has a total
review period of 120 days from the date that Cox Cable submitted
its Form 393 to the city, which was January 10, 1994. The city,
therefore, has to take some form of action by May 10, 1994, or the
rates submitted by Cox Cable in January will officially be deemed
approved as submitted by Cox Cable.
Public Knowledae. Inc. Renort Reaardina Cox Cable's Rates
The report from Jay smith, President of Public Knowledge, Inc.
regarding Cox Cable's Basic Tier Rates is dated March 7, 1994 and
is attached as Exhibit 2. After staff reviewed the report and
discussed it with Mr. smith, staff sent a copy to Cox Cable on
April 15 for their review and comment. As noted in the report, Mr.
Smith conducted a review and analysis of the Cox Cable FCC Form 393
Benchmark rate submittal, including a visit to the Cox Cable
offices and several discussions with Cox Cable officials. Mr.
Smith also met with staff from the five cities to review various
matters relating to the study prior to finalizing his report.
In general, the consultant concluded that Cox Cable had attempted
to prepare its Form 393 carefully and in accordance with FCC rules
as Cox interpreted them. However, he identified certain problem
areas that are detailed more fully in Public Knowledge'S report,
including:
Incorrect date and inflation factors;
Incorrect reported installation and equipment revenue;
Inappropriate method to count satellite channels;
Inappropriate exclusion of income taxes and return on
investment from equipment and installation costs; and
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Incorrect allocation
installation costs.
of
certain
equipment
and
""""
Mr. Smith's analysis indicates that the correction of some of these
problems decrease the maximum permitted rate per channel, while
other corrections cause increases. Overall, the Public Know1edqe,
Inc. report concludes that the City could order Cox to reduce its
rate for the Basic Service Tier from $7.91 to $7.72 per month, a
reduction of $0.19. The consultant's recommended rate is based on
a maximum initial permitted rate per channel of 42.90 compared to
the 44.00 indicated in the Cox Form 393 fi1inq, and assumes
eighteen channels of basic service. On an annual basis, this
reduction in the Basic Service Tier would equate to about $72,000
for the 31,600 Chu1a vista s~bscribers to Cox Cable.
The Public Knowledge, Inc. report also concludes that Cox's Cable
Programming Service (CPS) rate, which is subject to rate regulation
by the FCC 'rather than by the city, should be reduced from $14.51
to $14.16 per month (assuming 33 channels), a reduction of $0.35
per month. The potential annual reduction for Chu1a Vista
subscribers for the Cable programming Services rate would thus be
about $132,000. The CPS rates will be addressed separately by the
FCC at a later date, and staff intends to monitor and assist the
FCC in its review of the CPS rates.
The Public Knowledge, Inc. report concludes that the city has two """"
major alternatives: (1) the City could order Cox Cable to reduce
its rate for the Basic Service Tier by the $0.19 per month
identified in the report; or (2) the City could not order a rate
reduction at this time, but issue an "Accounting Order" indicating
to Cox that the city could order a rate reduction and refund in the
future, after further evaluating Cox Cable's comments on the Public
Knowledge report as well as after both the City and Cox Cable have
been able to further evaluate recent FCC actions before taking
specific rate reduction or refund actions.
Recent FCC Action
On February 22, 1994 the FCC announced it would be requiring a
further rate reduction for all cable operators. Upon
reconsideration of its original benchmark regulation, the FCC
decided to require that prices for regulated services of cable
systems be lowered by a formula intended to be equivalent to a
reduction of up to 17%, as opposed to the initial 10% reduction
figure, for cable systems operating above a price benchmark. The
FCC regulations regarding this additional 7% rate reduction were
issued on March 30, 1994 and will become effective on May 15, 1994.
The new regulations, however, provide cable operators with the
option of deferring implementation of the new regulations by an
additional sixty days if the cable operator is willing to meet
specified conditions. If Cox Cable exercises this option, which it
--"'"
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is likely to do, it will need to implement the new regulations by
July 14, 1994. The new regulations have siqnificantly revised the
methodologies for calculating the appropriate rates for both the
Basic Service Tier and the CPS Tier. Cox Cable will be required to
submit a new set of FCC forms to the city for our review based on
the new FCC regulations.
The rates that are the subject of the attached Public Knowledge,
inc. report concern the rates charged by Cox Cable from september
1, 1993 until the new FCC regulations take effect, which will be on
or after May 15, 1994.
Cox Cable Reauest
In a letter dated April 21, 1994 (Exhibit 1), Cox Cable requests,
based on the recent FCC action as well as concerns with the Public
Knowledge report, that the City continue its public hearing until
after June 15, 1994. The letter also references the "Accounting
Order" that is included in the proposed resolution. It is staff's
understanding therefore that Cox Cable is in agreement with the
formal recommendations staff is making in this Council Agenda
statement.
Other cities' Actions
Several other franchise authorities served by Cox Cable have
previously acted to approve continuances of their public hearings
and to issue Accounting Orders for the same reasons referenced in
this report. The cities of San Diego, National city, Imperial
Beach and poway have taken this type of action, and the county of
San Diego and La Mesa have taken similar action but through a
slightly different methodology.
Conclusion
As previouslY indicated, the Public Knowledge, Inc. report provides
two major options for council consideration: (1) ordering Cox
Cable to reduce its rate for the Basic service Tier by $0.19 per
month from September 1, 1993 until the new FCC regulations take
effect on or after May 15, 1994; or (2) not order a rate reduction
at this time but issue an "Accounting Order" indicating to Cox that
the city may order a rate reduction and/or refund in the future.
Based upon some current uncertainty regarding the ultimate impact
of the new FCC rate regulation rules, the April 21 request from Cox
Cable, the related actions of other local cities, and staff's
understanding that a continuance would not jeopardize the city's
right to order reductions and refunds in the future retroactive to
september 1, 1993, staff has concluded that a continuance of the
public hearing and the adoption of the resolution with the
Accounting Order is appropriate. It is staff's understanding,
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""'"
based on discussions with the consultant and other knowledgeable
parties, that additional continuances beyond the proposed June 21,
1994 date <at least until the end of August) are also permitted
under the regulations.
As previously discussed, it is important however that the city take
some form of action by May 10, 1994, or the rates submitted by Cox
Cable in January on its FCC Form 393 will officially be deemed
approved as submitted by Cox Cable.
Additional Consultant Assistance
In order to conduct the further review of Cox Cable's rates and the
data Cox will be submitting to the cities on new FCC forms under
the new FCC regulations effective on or after May 15, 1994, staff
from Chula vista and the other four cities that have been working
together are starting to formulate a plan to jointly contract with
Public Knowledge, Inc. for such a review and possibly with an
attorney that specializes in municipal regulation of cable
television rates. Staff intends to bring such a recommendation to
Council for approval later in Mayor June. Staff believes this
joint approach has been a very cost effective way of performing the
rate regulation function.
l"ISCAL IMPACT:
statement.
None by the action recommended in this Agenda
........
If at a subsequent time, the City Council takes action to reduce
the maximum rate that Cox Cable may charge for its Basic service
Tier by the $0.19 per month discussed in this report, this action
could provide a savings of about. $72,000 on an annual basis for
Chula vista subscribers. The March 30, 1994 new FCC regulations
could increase the amount of the reduction.
If the FCC takes separate action in the future to reduce the
maximum rate that Cox Cable may charge for its Cable Programming
Service Tier by the $0.35 mentioned in this report, that action
could reduce the rates paid by Chula Vista subscribers by about
$132,000 per year. The March 30, 1994 new FCC regulations could
increase the amount of the reduction.
since the franchise fee paid by Cox Cable is 3%, the city's revenue
from franchise fees could be reduced slightly by reductions such as
those discussed above, but staff has not given any consideration to
the potential impact of rate regulation on these fees in conducting
the rate regulation function.
EXHIBITS:
1.
Letter dated 4/21/94 from Cox Cable requesting continuance of
the 5/3/94 public hearing
..........
7
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.
2. Report dated 3/7/94 from public Knowledge, Inc. reviewing Cox
Cable'S FCC Form 393 Basic service Tier and Equipment rates
3. Cox Cable publication listing its September 1, 1993 rates
4. Cox Cable publication revising its installation charges as of
January 1, 1994
5. September 7, 1993 council Agenda Statement and Resolution
17245
6. Letter dated January 6, 1994 from Cox Cable transmitting its
FCC Form 393 Basic Service Tier and Equipment rates
8
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615t Fed.raI8ou~ard
Ion DIogo. C.utom.. 821 os.S.S'
T.'lllhono618/263-8251
cox
Cox Cable
Son Diego
January 6. 1994
Mr. John D. Goss
City M8Dager
City ofChula Vista
276 Fourth Avenue
ChuIa Vista, California 91910
Dear John:
ASubtld..ryof
Cox Communic:lltiOnl, Inc.
EXHIBIT 5
""'"'
Robert McRann
If.Va PrnicSent and Gener'IIM.nagtlr
Enclosed is Cox Cable San Diego's FCC Form 393, filed in response to your certification
filings.
Cox bdieves, in consultation with its legal counsel, that these rates IIrC within the
WlRy;...nm permissible rates, as defined by the FCC's benchmark formulas issued in April,
1993, and subsequently clarified in later FCC proceeAi'1gs. ,
"""'"
You may recall that Cox voluntarily supplied you with a tentative rate schedule in July of
this yar. That schedule reflected projections in a variety ofareas including inflation
figures. equipment data and subscriber counts. The enclosed schedule reflects actual data
as of January 1,1994. .
Please feel free to call if you have any questions regarding this filing.
RMdb
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w..hInglon. D.C. 20554
Approved by OMB
3060-0571
ExpIrao ll6I3OI96
FCC II' - "ART I
ItEQUEST FOR CABLE RATE APPROVAL
COVER SHEET
Communlly Un. ldentllicatlon Code 10:",
CAO'2t.CA0418.CAO"7.CA0421
Namo of Cable Operator
ColI Cable "n DIego
M.llint Add....
'1'8 FedeNI BouIrl8fd
CIly 1:- r.~P Code
"n DIego .. 821010M1'
PI.-on to ClOlllaCl MII.r111ng lhII form:
0.1e '"*"I*ln
'j'11ep/lono I~U Number
'It-.8 .110 . .1WtW15'
I.IlcaI FI8IlCIIIaIng AulhOIlI)t
4IOoUPGRADE
Mailing Addraa
CHULA VIITA.NATIONAL CTY IANTEE,lMPERlAL BEACH
CIly I:ta r.:p Code
"n DIego 82123
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o ....... ....uIalIon 01' 0 cable pl.....IIIlINI......
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1'ha foIlDWlntl..ctlOfW are to'" ~...., rou '- tlIIad out...
____ In PARTS' and II and calc"'rtacl '_IlCluaI.... ,M1I...d......
POR BAIIC allMCl! 1U AND IEQUIPIIENT
PtoGram SaMca Ilata
(1) Number III channall 011 baaIc.me. tier: 1.
(2) Cunanl rata for ...Ie..rvtce tlar: '7.11
{do IlCIIlncluda Inv franchlaa ....1
(3) Mulmum pannlllad par channal rata: toM
'!from LIne eoo Part III
(4) Madnum parmIltad rata fDr baaIc.me. tlar: 17.12
'lei~ III In- franchlM'" "l''''' ~I",,\
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FCC ;s9:S. PI'" I, Plge Z
EQUIPMENT AND INSTALLATION RATES
Note: Your equIpIMnl Ind ...."-tion _ for lhII buIc ..""'-tier must IIDI be
lncIuad III your Il'OIIram ..""'- me for ttm IIor. but rather must be completely
unbundlecl. In llCldilion, U- ~ulprnenllnd ....lIIIlion - muslllDl..-cl ,our
actull_Is, lncIuding I _'OIlIIble profit. The method for unbundling your ~utpmenl
and lnalalllllion rate. from the bale """'-ll'OIIrammlng rat., and for determining ~our
permlllllCl ~ulpmenl Ind ....1I8lIon rate., II .....crtbed In Plrt II (unbundUng) and
P8Il1II (ra....uing) 01 !hie form. Enter In lhIIaplu... below lhII rate ftgure. ~u
"'ve C111cu1a18d In Part III 01 !hie form. Your actual bale ..""'- ~utpmenl Ind
Inat......... cIlI.... III8y nolllOllCllhllu _, 8llhough ~ III8y be _r.
~
PERMITTED
ACTUAL
(1) ChII'll8' for bale .."",-lnetelllltione. (from
line. 6 or 7 01 E nl Ind In.tellllion _heel
(I) Hou~ me: OR
(b) ...verage lnalalllllion c:hIrgea:
(1) Instelllltion 01 unwlrllCl home.
(2) Instllllltion 01 prewlrllCl homee
(3) InslIlIIItion oIllClditiOlllll ClllIlIlIC:lion
lJl time oIlnMil! Instlllalion
(4) Instillation oIllClditiOlllll connedlone
ulll Ie ame InslIlllltion
(5) Other Inslalllllions (epeclfy):
It.m 1. MOVE OUTLET
lI.m 2. CONVERTER PICK UP
lI.m 3. MOVE OUTLET AFTER INST.
lIem 4.
(2) CIlI'll8 for cIlInging lie.. (1IIn~) (from LInI 29,
30 or 31 01 E u menland Inslllllltion WorI<.heel
(3) Monlhly cIlIID' for ..... 01 remote controle (from
line 1411I u rnenland InstIlllllion_heel
Remote control type 1:
Remote conI1OI type 2:
Remote control type 3:
(4) Monthly cIlIID' for"''' or convertIr boxes (110m
LInI 21 III E unland InstIllllion WorbhHl
Converter box type 1:
Convertlr box type 2:
Converter box type 3:
(5) Monthly cIlIrge for..... 01 olhIIr ~utpmenl (from
line 28 In unland InstIllalion _heel
Other ~ulpmenl (epeclfy):
Other ~lprnInl (epecIfy):
'::itj~f~tit~:':~w}-.M '\it$f{;.~I#qfi/)k:
..::t;.;./..,..;';"',~':~~',:,~"
:=;:;..,;:,.
$42.33
121.17
S27 .12
$42.33
$21.17
S27 .12
131.71
131.78
t:.}::::::::::~:~ .;::'::'~::: .<~.q.;. &.:-<::::::; .:~:::::"";"8:}"" .~. :-:;-.:: .;~,-..~ ':"~:$'
127.82
110.18
131.71
127.12
110.80
131.71
lut
##ttf.J.J~~~~@t~ .t*~>..;>~+t~~~l:'f.jl~;:
10.38
10.27
"""",I
. If,...... bthIrcNtges for IIlIdIIionII 001.1 =110-.. berOnd thoM.AI IlIld In
wourlnlllll8lion cIlIrge, _ell 11hMI...1nInt wour ClIIculIlIone Ind IlIlIIng forth
__ adcllIIonII cIlIlIIII. SEE NcIlIIo EquIpmInt Ind InDWoo\ ~.... :., -.
In PIIIIH ""form.
FCC 383 (PIp 4)
Auguet 1183
"""'" ;
d-.o -<5tf
31
.
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FCC 383. Part I. Page 3
FOR CABLE PROGRAMMING aER\IICE RATES AND EQUIPMENT
Prog..... ....... ..-
NaIll: .rau................. .......-...,. -- .....1IIdt1idlllanll.....
_... -... ..........__..IIlll..- _., IpIIor. "'... lit.
Tie. 2 TIe. 2 Tie..
(1) Numberor=1I on
Cllble _ra ..rvIcI tier: P
(2) Cunent rate for CllIlle
pftlllrammlnll MrvlcllIer: "4.1'
IdO not Include .nY franchlla ....1
(3) Maximum parrnllllld par CllanNI rate: SO""
'-m Una 800 on Worklhaet II P.rt In
(.) Maximum parrnIIIlId rate for CllIlle
pftlllrammlnll MrvlcllIe. (.. . -.... or
enyfranclllaa ....): '. "4.1'
lmuK....'" hv ft'-.bova'
NOTE: .,.,....... tar... ...~_....... ___ (enIIy Z)_..1IIIIInun
permtaICI_ (-*r4). JDU IIUIlMlrNla... fI__...... or....... ........-.....41
__....._Io.._....-__..eray4.
,_______..INIpII.._Io_,....-,--
.........._....._10..-....--. _,...___1IlIl.
~ ~... you..,tar..... ......._...~..w.1fIauId ..1IIIclId"'.........,.,
_.pIII"'.._....-...,..-. --____C.FA_lUIS.
Equlpmanl and InatalIatIon Ilata
...: I..". ..11.......... ........_...J...........llllCltD.......IIIIIc...
......_........-..__..... ._4.~.r... . -.. .-.;
... ........_..... ___ IIIDIrMltWII.. __....... ....... .......lnllllic
__"*-.. 4.........MVIItuIIIr..1Ilt1! ._4"'~ll M . ...
_..__..IIlll_.._......_Io...........pIII"'..-
...........,............ ._....,.pnI'lItdI....il . ~....... ".......
~ ONLy,..... ......._.......".....,.,1IaIId ...................
I.-tarbll*wva.J'OII''''. ._.taL -.. ................._..........1IIIIt
......._..,..PftIIlI'IIII--....__..._...1 '._.In
-._.., ,_AIIlll. - . .__..._,..__..........
_...... 1lII__.......... ,....., ....AIIlll-~ U . ---
......,_.......w:......lftdtDrAb~'Uja.',.......-... ._AwL -. .-.
...._In_.(uIlIIIallIIIIl)IIlll_III.... ~.)"'''- -....
--..-....,...--. -..-."'.- ---
......._............. . ._4............... ......-r---...-........
--...-.
(I) Charge(.) for Cllble pftlllra""*,,, MrvIcI
1nIla1lationl. (fIom UnalII or 7 or lip, ..nt
.nd InIlaIlallon WorkIhaet
I Hou rale OR
A..... inSllllation che
,. In.llllllioft or unwIrad homaI
2. inSllllllion or -.
3. InIlIletion or addllionllllDll1l1C1iD1l
-'time or Inllialln1lallallon
4. .....1IIIion or addllionll_. I en ~
rata InIlaIlallon
II. Otha. InalllllllonI
111m 1. MOllE OUTLET
111m 2. CON\IERTER PICK UP
111m 3. MOVE OUT\.ET AFTER INIT.
..... ..
(2) Charge for ClIlllnOIn8..... If eny) (F1IlIIl Una 21.
30 or 31 or nt.nd InIlaIlallon WorkIheaI
. .,...__~____. . .....,...__In,..
"I~_ A' ............. .' '..,..__ . ~..........-
1JJfU ~....... ....tD-. . ._....Il 1 r .~IwI..4tL.. ~ -
. :;p, sr
:l>"'l';L;,~""'~x.~..A-~.".,_,xv,,' ~,v ""..
FCC_1l'IlI01)
--"en
..., (.
A/
........ ,
.
...
FCC 393. Part I. Page 4
(3) Monthly ch.rg. for ..... of ..mote controls (from
line 14 In E u nl .nd Installalion Workaheel
Remote control type 1:
Remote conlrol type 2:
Remote conlrol type 3:
(4) Monthly charge for ..... of converter boa.s (from
Line 21m E u nt .nd In.tall.lion Work.heel
Converter boa type 1:
Converter box type 2:
Converter boa type 3:
(5) Mon\hly charge for ..... of other equlpmenl (from
Une 28 In E u menl .nd Installation Workaheel
Other equipment (.peclfy):
Other equipment (apeclfy):
""""
WILLFUL FALSE STA1aIENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE
AND/OR IMPRISONMENT (U.S. CODE TITLE 18. SECTION 1001). AND/OR
FORFEI'T\lRE (U.S. CODE. TITLE 47. SECTlON 603).
I certify _ the atatementa made In !hie flIlm ... true and llOIreCI III the bllat
of my luo04iladg. .nd belief. and a.. made In good faith.
N.me of Cable Operator
eox Cable Ian DIello
O.le
II1Ill3
SIllnatu
Tille
VICE PRESIDENT FINANCE AND ADMIN.
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FCC FORM 3.3 - PART III
WORKSHEET FOR CALCULATING EQUIPMENT AND INSTALLATION CHARGES
c..ap..-_: UIlIlIO (CUIO): CAD321,CAo.l',CAO:l37.CAOOl
_ _.... DIotIO 00tI: 111"3
F_~ ~","""IlIInG_Ior(",,,*-):
4IOoUI'OIIIADE C IeIIc TlIr C CItIII r ...._...4. ....
I1V' A. """'" _ ClIIrIO
ILlNE1.AMuoI_0I..............end--1' .01____
_oI_ 101_,......01-.' 14 ... olOt
LlNE2.Cl ._ ..'r ...IlIllClL 1 - u .....--~ .' 41101~ ,-
L1NE3.AMuoI-oqo'. ._A..........end~ . - n .-'-'_01 .......olOt
....... ... 10 Uno " . :
UNE 4. TolII_ _lor ........... end r . . ,af........', ._It
..._ _I '1077'
LINE'. ......, _ -. (IlIC) l Uno' I Uno 4) , 142.:13
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UNEI.UnIIonIIHSCIor.n .".. .lNM__UnoI)
OR
UNE 7.,..... "'""" lor -- "'"
_uIoOIor _ _'Iiol.
142.:13
a UrMIiwd..... iii
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..___~ 1 -.. .(8c:hO,Unou~
121.11
ColA -r ..__ II ,L ---.....,.....U. - - .tId'D,LNc.2)
127.12
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111.7.
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127.12
MOllE OU'ILET
'10.11
CONW5n 1 ~ PICK UP
111.71
MOllE OU'ILET AFTEIIIIST.
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LINE 10.1lIlII...........___lUno..Uno.) IIl..m
LINE 11.1lIlII___IUII'.Uno'0) .....100
LINE'2. _1I_",_(OIIiMIlIII"'Cl ......
LINE It.... 0lIl l Uno" I Uno u') ...
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LINE 17. T_.........----(Uno h Uno l' ) '111,nl 1II1,2e7
LINE 1'. T__.._.... (Uno II+Uno 17) '1.2".711 13.111,785
LINE II. ....-........._ (CoIulIln 1."- C) 81,14' "2.m
LINE 20. Ill<< COOt (Uno "JUno 1') '13.11I 124."
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LINE 21. _ ",,_(Uno 20 I 12_) '1.13 I2.lII
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LlNE25.T__....... ._d"" (Uno 22 + Uno 24)
UNE 28. _ ......... - or""'''
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LINE 27. Ill<< COOt (L/M 21 I Uno 28 )
LINE 28. _ ""...... (Uno 27 I 12_)
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UNEN.AcIj' 1._~"L/M32Il1___:"-
-....;_.. _. .1 771774
UNE 34. Monthly "" 'J - .~...,. ,--" . - (Uno P/l2 _I.
~0I\_3 L/M301. .1....1
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ICHEDULE D
AvERAGE INSTAUATION CHARGES
C8bIe Operator N.",,: Community UnRID (CUID): CA032t,CA041',C
Cox CaI>Ie Ian Diego Data: 11118'
FranchlM AuthoItly: ThlI ronn Iallelnlllllad for (ched< -I:
.so.uPGRADE [J ...Ie TIer [J C8bIe PRIg.
.. UnwINd ~ lnatallatlon:
1. Average HoIn par lnatallatlon (alIacIl axpIlInatIon) 1.00
2. UnwINd ~ lnatallatlon Chaflla ( Una ..1 x HSC ) 142.S3
b. PNwIrad ~ lnatallatlon:
1. Average HoIn par InIIallatlon (lIIIaell axpIanation) 0.50
2. PmIIracI ~ lnatallatlon Charge (Una b.1 x HSC ) 121.17
Co AddIlic>MI ConnedIon lnatallatlon at Tn '" 1nIIIa1'1nIIaIIation:
1. Average HoIn par AddIllo...1 COlii'll c\'l>, (lIIIaell 8llllIaTllllon) 0.15
2. AddIllo...1 Connection . InlIIaI lnatallatlon Chaflla (Unac. 1 x HSC) 127.52
d. Addlllo...l Connactlon lnatallatlon alIar InIlIm ntllIatIon:
1. Average Hours par Addlllonal CO....cIlon (lIIIaell axpIlInatIon) 0.75
2. AddIllo...1 Connactlon .llepa~ lnatallatlon Chaflla ( Una d.l x HSC ) 131.75
OIhar lnatallatlon (by Ilam Typa): .
..
Ilam 1. MOllE OUTLET
1. Average HourI par lnatallatlon (lIIIaell axpIlInatIon) 0.115
2. Ilam llnst8llat1on CI\afll8 ( Una ..1 x HSC ) 127.52
llam 2. CONVERTER PICK UP
3. Average Hours par Inst8Ilat1on (alIacIl explanation) 0.25
4. Ilam 2lnatallatlon Charge (Una a.2 x HSC ) ,10.5ll
Ilam 3. MOllE OUTLET AFTER INST.
1. Average Houra par Inst8I1at1on (lIIIaell uplaMtion) 0.75
2. Ilam 3 Inst8I1ation Chaflla ( Una d x HSC ) 131.75
llam 4. (SpadIy)
3. Average HourI par lnatallatlon (aIIacIl axpIanation)
4.11am 41nata1latlon Charla (Una eA x HSC)
NOT For HSC (Hourly ..... Cllarga) .. __ tarn Una II '" lie WIlllIallIIl tar c.o-' u ow
... ~ nlMll and. I - '\(.. CIIargaI, .... H '" I'CC Form 313.
..
.'
I'CC 313 (Page 32)
. ': Auguat 11113
~ ,IPS
. 4/
.__._ _._ _~n..&
Minutes
May 3, 1994
Page 4
EXHIBIT 6
I
,
Counci1member Moore stated the GMOC report was to have been scbeduled for review within the budget period.
""'"
Mayor Nader suggested that the item be trailed and discussed under 'Scbeduling of Meetings' under the City
Manager's Comments.
.. .. END OF CONSENT CALENDAR .. ..
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
11. PUBLIC HEARING REGARDING EXISTING AND PROPOSED RATES AND
CHANGES FOR COX CABLE'S BASIC SERVICE TIER AND ASSOCIATED EQUIPMENT - As authorized
by the Federal Cable Act of 1992, the City is reviewing the rates charged by Cox Cable since 9/1/93 for the Basic
Service Tier of cable television service and associated equipment. Cox Cable bas requested additional time to
review the City's analysis of its Basic Service Tier rates and to review new regulatioDS issued by the Federal
Commumcatious Commission on 3/30/94. Staff recommends continuance of the public beariug and approval of the
resolution. (Administration)
RESOLlmON17471
TO COX CABLE
APPROVING THE ISSUANCE OF AN ACCOUNTING ORDER
Jim Thomson, Deputy City Manager, stated Cox Cable bad requested that the public beariag be contiDued until after
6/IS/94. Staff recommeuded the public beariag be opeued, public testimony taken, and the public I!eariag contiDued
UDtiI 6/21194.
This being the time ..d place as advertised, the public beariug was declared opeu.
. Hale Newcomb, SlS Elm AVeDue, Cbula Vista, CA, stated a cbarge bad been added in excess of $20.00
to remove a service..d get back to staDdard service. That bad now been reduced to $10.00 but be saw no reason
for subscribers to pay for something lakeD off their service. If a subscriber declined a service it should be removed
without a charge. He recommended that the service reduction charge be e\imiDated and the reduction of service
down to basic be removed completely.
Mayor Nader requested that anyone testifying be notified of future, beariugs on the item. He also requested that a
summary of testimony be giVeD to Council wbeD the item was reheard.
Councilmember Moore felt the pro's..d con's regardiDg the speakers comments should be included wheD the item
was reheard.
""""
Councilmember Rindone did not believe that the requests made by Mr. Newcomb ~ UDder the authority of the
Council and req.-ted clarification by the City Attorney. '
Mr. Thomson stated it was his UDderstandiDg that it was an issue that was UDder the City's regulation ..d be would
clarify that further with the FCC. The FCC did provide that up to $2.00 could be charged for services that could
be clone through a computer terminal. The service referred to by Mr. Newcomb did require a trip out to the
e'I'-ntftIIlrS home.
C'JllDcn.....U''- Rindone req.-ted that duriog the interim. Mr. Newcomb be informed reprdiDg the authority.
. Steve CoUiDs, '...' m nting Cox Cable, stated a truck roD was necessary and under the guidelines they were
aUowed to charge a specific fee for disconnection of a particular service. They were working closely with the City
Manager's office. '
-....
d-O ~l/f/
t;o
.
."
Minutes
May 3, 1994
Page 5
.
. Carolyn Butler, 97 Bishop Street, Chula Vista, CA, requested that TV programming be improved after
10:00 p.m. until 6:00 a.m.
MS (Horton/Rindone) to continue the public bearillll to 61Zl/94 and adopt Resolution 17471.
.councilmember Fox requested clarification regarding FCC action relating to regulated services, i.e. wbelher that
applied to municipal regulations or FCC regulations. He questioned wbelher the City had the flexibility to reduce
by 10!li or 17!1i.
Mr. Thomson respooded that it would be applied to both. The regulations provided that either the FCC or the City
could reduce the rates up to 10!li under the old rules aDd up to 17!1i under the DeW rules or a beDc:hmark number,
whichever was higher. It depended on how high they were in September 1991 compared to Jlationwide data.
.
Mayor Nader q.-ioned what the legal effect would be of approving the resolution. He further q.-ioned if the
approval of the resolution would either Jock the City into, or preclude the City from, aDY action that it would
otherwise take.
Mr. Thomson respooded that it would enable the City to order refunds retroactive to September I, 1993 if after
making a final determination the Council ordered those refunds. Without taking such action at the meeting, or DCXt
weeks meeting, the City would lose the opportunity to retroactively reduce rates. The resolution fuIly enable the
City to have all options available.
VOTE ON MOTION AND RESOLUTION 17471: approved lDIIUlimolUly.
ORAL COMMUNICATIONS
.
. Carolyn Butler, 97 Bishop Street, Chula Vista, CA, thanked Harlan Wilson for the iDstaI1ation of a bus
bench at the comer of First Street aDd Quintard.
. Teresa AlaDd, 1433 Nacion AVeDue, Chula Vista, CA, Executive Director of INDWEU..ER, reported on
alternatives of solid waste, transfer, aDd dispcsa1. S~e had arranged with Urban Ore Incorporated to provide
information that was pertiDeDt to contract negotiations for solid waste dispcsa1. She specifically requested
information on transfer facilities. Information would be presented to the Resource Conservation Commission on
5/9/94.
. Mark WhiIlock, 346 Front Street, EI Cajon, CA, representing WhiI10ck Contracting, stated he had Dot
received the reteDtion held by the City on a project they completed for the City. The contract caI1ed for approval
by Council thirty-five days after the contract was completed. The City had Dot foIlowed through from the very
beginning of the contract through the completion of the project. It was a waste of the Council's time aDd his time
to foUow-up on contract &al_ts. He q.-ioned what it took to get the City to foUow through with their
agreements.
City Attomey Boogaard stated he had reviewed the contract dispute and while he could Dol speak to the payment,
he assured Council that staff was viJi\aDt in protecting the interests of the City. Any disputes that were resolved
should IIave heeD resolved in favor of the City in his opiDiOD. Tbere were a lot of problems with the project.
Clifford SWIDSOD, Deputy Director of Public Works/City Enpueer, stated the _tion paYJl*lt was forwarded to
the Finance I>epIrtmeIlt that day and FiDaDce would iaue a check on Friday. Staff would work with Finance to
_ if it could be issued earlier.
Mayor Nader req.-ed that staff be prepared to report bsck to Council DCXt ~ if the check was Dot received
by Mr. WhiIlock by thea.
.
c20-&'(
51
Minutes
January 4, 1994
Page 4
11. RESOUTnON 17348 APPROVING A MEMORANDUM OF UNDERSTANDING (MOll) wrrn
TIm anES OF LA MESA, POWAY, NATIONAL C1Y, AND IMPERIAL BEACi FOR PURPOSES OF A
COORDINAlED APPROAOi TO REGULATING CABLE TELEVISION RATES AND APPROPRIATING FUNDS
TIiEREFOR . The cities of Chula Vista, La Mesa, Poway, National City, and Imperial Beach have been
working together to develop a joint approach to reviewing and regulating cable television rates. The cities
are proposing entering into an MOU in order to hire a cable television consultant that will provide services
to the group of cities. Staff recommends approval of the .resolution. (Director of Finance) 4/Sth's vote
required.
,
""'"
Councilmember Fox stated there were other cities served by Cox Cable that were not included in the MOU
and questioned what they were doing.
Jim Thomson, Deputy City Manager, responded some of the cities had not decided whether they wanted to
regulate cable television and were on a wait and see basis. The City and County of San Diego had a larger
staff and auditors and would be doing it in.house. Staff contacted all the cities served by Cox Cable and
extended to them the opporrunity to join in the MOU.
12. RESOLUTION 17349 ACCEPTING CAlJFORNlA STATE UBRARY MATC-IING FUNDS
AWARDED TO 11iE 0iULA VISTA UTERACY TEAM, APPROPRIATING FUNDS, AND AMENDING FISCAL
YEAR 1993/94 BUDGET TO INQ.UOE.25 FULL TIME EMPLOYEE POSITIONS. The California State Library
has announced that California Library Services Act funds are available to supplement funds raised locally
by literacy programs which were originally awarded five.year start.up grants through the California Literacy
Campaign, and are now in their sixth year or beyond. The amount of funds awarded is based on a match
of $1 for every $4.S1 raised locally and spent during Fiscal Year (FY) 1993/94. Accepting the grant will
provide $25,838 in FY 1993/94 to the Chula Vista Literacy Team. The funds cannot supplant existing funds.
Staff recommends approval of the resolution. (Library Director) 4/5th's vote required.
-I
13. RESournON 17350 AMENDING RESOLUTION 16756 TO ADD APPROPRIATION OF
FUNDS FOR 11iE SECOND AMENDMENT TO 11iE AGREEMENT WITIi WALLACE, ROBERTS AND TODD,
1Ne. FOR PREPARATION OF A RESOURCE ENHANCEMENT PLAN FOR TI-IE OTAY RIVER VAU.EY . On
8/25/92, Council approved Resolution 16756 "Approving the second amendment to the agreement with
Wallace, Robern and Todd, Inc. for expanded scope of work, and authorizing acceptance of an agreement
with the State Coastal Conservancy Enhancement Plan for the Otay River Valley." The resolution did not
contain appropriating action due to staff oversight. In order for the City to receive the grant funds on a
reimbursement basis, the $8,000 must be appropriated to PR.148 . Otay River Valley. State Grant. Staff
recommends approval of the resolution. (Director of Parks and Recreation) 4/5th's vote required.
14. RESOLUTION 17351 APPROVING AN AGREEMENT WITIi FRANK OiABOUOY FOR
PROVISION OF PROFESSIONAL TENNIS SERVICES AND FOR OPERATION OF TI-IE 0iULA VISTA TENNIS
CENTER, AND AUTIiORIZlNG MAYOR TO EXECUTE SAME . The Chula Vista Tennis Center has been
operated by a tennis professional, Frank Chaboudy, since November 1985 under an agreement with the City.
A new agreement has been prepared to continue his professional tennis services for three years. Staff
recommends approval of the resolution. (Director of Parks and Recreation)Pul1ed from the Consent
Calendar.
Councilmember Horton questioned the number of courts and if they were currently adequate.
Jess Valenzuela, Director of Parks and Recreation, responded that there were ten unlit courts at
Southwestern College and the City had four lit courts. The City had a joint powers agreement with the
cCoIlege.
""",1
,;)b;lor
~)
Minutes
October 12, 1993
Page 2
.
6. ORDINANCE 2570 AMENDING SECTION 5.08.020 OF 1liE MUNICPAL CODE RELATING TO
ADVERnSlNG MATERIALS ON TRANSIENT RESIDENTIAL PROPERnES (second readin2 and adoDtion) .
Without regard to the constitutionality of advance prohibition of handbill distribution on hotel/motel
property, the amendment creates a procedure by which a hotel/motel operator could call and terminate
unwanted handbill distributions. It is recommended that until the impact of the procedure is known, no
further or additional proscription be created. Staff recommends Council place the ordinance on second
reading and adoption. (City Attorney)
7. ORDINANCE 2571 AMENDING SECTION 8.23.230, SUBSECTION D (FUNDING AND RATES
FOR COIJ.ECTION), SUBPARAGRAPH 2, "RATES FOR COIJ.ECTION" OF 1liE MUNIaPAL CODE (second
readin2 and adootion) . At the meeting of 9/21/93, Council requested that the City Attorney prepare an
amendment to the Waste Management Franchise Ordinance that specifically reserves the authority of the
Council to adopt on an expeditious basis a universal flat fee which could be imposed quickly and which
would impose the same rate for all persons using the residential waste collection system regardless of
whether or not they are actually using the yard waste recycling program. Staff recommends Council place
the ordinance on second reading and adoption. (City Attorney) Pulled from the Consent Calendar.
. Joseph W. Garcia, 484 Fifth Avenue, Chula Vista, CA, stated he wanted to see a copy of the proposed
ordinance. It was his understanding that the last time there was a fee increase for Laidlaw, it included yard
waste. Under the tipping fee charges to Laidlaw, by the County, they paid less for yard waste that was
already separated. It would be a good program for Laidlaw as the resident would be separating the yard
waste. Therefore, it should be costing them less to process.
A.yor Pro T em Rindone stated it was a second reading of art ordinance to provide an option, should Council
~ide that a universal rate structure was preferable to the previous ordinance adopted for yard waste. It
was not an additional fee or increase from what was previously adopted. If it was in the best interest of the
community, and Council concurred they would then utilize the legal option that was granted to the
franchisee.
ORDINANCE 2571 OFFERED BY COUNCJLMEMBER HORTON, reading of the text was waived, passed and
appl'l)"Rd 3'()'2 with Moore and Nader absenL .
8. RESOLUTION 17270 ACCEPnNGDONAnONOFTRAVELEXPENSESTOATIENDSOl.TlHWEST
REGIONAL ENVIRONMENTAL DIALOGUE PROJECf ocroBER 21 AND 22, 1993 . On 5/18/93, Council
approved the donation of travel expense from SDG&E for a designee to attend the Southwest Regional
Environmental Dialogue Project in Sedona, Arizona on June 14 and 15, 1993. We have now been requested
to appoint a designee to attend the Southwest Regional Environmental Dialogue II, scheduled for October
21 and 22, 1993, also in Arizona. Staff recommends approval of the resolution. (Assistant City Manager
Morris)
9. RESOumON 17271 AMENDING RESOLU110N 17245 AU1liORJ7JNG SUBMISSION OF A
CER11FICAnON APPlJCAnON TO 11iE FEDERAL COMMUNICAnONS COMMISSION. On 9n /93, Council
adopted Resolution 17245 authorizing submission of a certification application to the Federal
Communications Commission (FCC) for regulation of cable television basic service rates. Section 3 of the
resolution stated the City had no knowledge of any cable system in the City that was subject to effective
competition. Since that time, staff has determined that Chula Vista Cable is subject to effective competition
and, therefore, not subject to the rate regulation. Staff recommends approval of the resolution. (Director
. Finance)
dt:> ~Cel
53
Minutes
September 7,1993
Page 10
John Uppitt, Director of Public Works, responded that in the staff report they discussed the three items the
City of San Diego felt were issues to be resolved. The next five issues were issues the TAC, City of Chula
Vista, and the sewer team felt were important.
~
Mayor Nader stated he was concerned that Item 3 stated .discussions would occur .... and he wanted to see
more than a commitment that a discussion would occur. Those were issues that would have an enormous
affect on what the rate payers would ultimately have to pay to cover the costs of certain City of San Diego
decisions made in the 70's and 80's with no input from Chula Vista or other cities within the District. He
wanted to change it to say .costs for prior City of San Diego decisions will be equitably born by the City of
San Diego unless otherwise agreed to..
Councilmember Moore suggested Item 3 be changed to state .the City would be excused from the fair share
costs of the north county plant if the City put in equal to or more of fair share costs of the Otay plant".
Mayor Nader felt the Council's intent in the past had been an either/or. Either the Otay reclamation plant
would be built and the costs born regionally, in which case the City was willing for that to be part of the
same program as the north city plant, or each area would be on it's own for funding the cost of what it used.
MSUC (Moore/Horton) direct staff to Prepare correspondence, including amended Ezhibit C. showing the
Council's concerns in addition to San Diego's ups and downs.
..****
Council met in Closed Session at 6:04 p.m. and reconvened at 6:35 p.m.
**.*.*
25. RESOLUTION 17245 AUTIiORlZlNGTIiESUBMlSSIONOFACERTIFlCATIONAPPIJCATIONTO
TIiE FEDERAL COMMUNICATIONS COMMISSION, ADOPTING REGULATIONS TIiAT ARE CONSISTENT
WITIi TIiE FEDERAL COMMUNICATIONS COMMISSION'S CABLE TELEVISION BASIC SERVICE RATE RULES
AND REGULATIONS; AND ESTABIJSHlNG CERTAIN PROCEDURAL LAWS AND REGULATIONS WHICH
PROVIDE A REASONABLE OPPOR11JNTIY FOR CONSIDERATION OF TIiE VIEW OF INTERESTED PARTIES
IN CABLE TELEVISION RATE REGULATION PROCEEDINGS TAKEN HEREUNDER - The Cable Television
Consumer Protection and Competition Act of 1992 gives cities the authority to regulate basic service rates.
]n order to qualify for basic service rate regulatoty authority, the City must certify that it will undertake
certain actions required in the 1992 Act. Staff recommends approval of the resolution. (Director of Finance)
-J
Councilmember Fox questioned whether staff anticipated higher rates due to administration or joint
contracting.
Lyman Christopher, Director of Finance, responded that the administration of the new Cable Act would be
taken on by existing staff. There may be special expertise or special issues that may need to be addressed
in the future and, therefore, staff indicated a possibility of hiring a consultant or attorney specializing in
cable issues. He did not feel it would result in increases to the rate payers. It would authorize staff to
submit an application to the FCC that would then subsequently provide the City the authority to regulate
limited basic service rates. .
Councilmember Rindone questioned if it was staffs opinion that if the City had authority it would be
minimal because it only affected the basic service agreements which was a small portion of the cable
subscribers. He further questioned the percentage of subscribers that received only the basic service.
Mr. Christopher responded that customer service standards was a different issue in terms of rate regulation.
The new Cable Act did establish minimal customer service standards that were applicable to all cable
""""
;)o,tD
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.
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Minutes
September 7, 1993
Page 11
systems. Staff would be looking at the two franchise agreements, Cox Cable and Chula Vista Cable, to make
sure they were meeting the minimum standards established by the Cable Act of 1992.
Jim Thomson, Deputy City Manger, responded that he was uncertain, but in the case of Chula Vista Cable
there was only one rate. Ninety percent of Cox Cable subscriben took the combined rates. With the new
rates provided by Cox Cable there would be a substantial incentive for subscriben to rethink their decision
because the basic rate would only be about one.third of the total rate for the basic plus the community
programming services.
Councilmember Rindone stated he would like information regarding the charge for cable boxes and whether
it was included in basic service supplied to Council in a written memo or a report at a later date.
. Martin Altbaum, representing Chula Vista Cable, stated he had talked with staff regarding
ambiguities in the definitions of the Cable Act. He had been advised that Chula Vista Cable would not be
under the rate regulations portion. The court case had been resolved one week ago. Both of the directon
had been removed by court order. One director had been assessed punitive damages totaling approximately
$500,000, the other director was awarded the money he had put into the company. He was now full owner
of U1tronics and the dissolution would not occur.
RESOLtmON 17245 OFFERED BY MAYOR NADER, reading of the tat was waived, passed and approved
I.m=-n1ft\ously."
ITEMS PULLED FROM 11iE CONSENT CALENDAR
Item pulled: 13. The minutes will reflect the published agenda order.
OTIiERBUSINESS
26. CJ1Y MANAGER'S REPORTrSl
a. City Manager Goss introduced Curtis Valenzuela the new Economic Development Specialist 11.
b. A grant had been received in the amount of $23,000 from the State Ubrary for the Families of
Uteracy program which would provide inservice training to tuton and a home collection of books and
magazines for each participating family. A second grant had been received from the U.S. Department of
Education for $34,845 for developing and offering model small group writing classes for adult learnen
enrolled in the adult learning class.
c. Scheduling of meetings. 1) Joint CounciI/Board of Supervison meetings had been scheduled for
9/13/93 from 3:00 . 7:00 p.m. at Chula Vista and 9/27/93 from 3:00 . 7:00 p.m. at the County. 2) A
majority of the Council had stated they would be available for the tour on Saturday, 9/11/93. Mer
discussion, City Manager Goss stated the tour would include the auto park, Otay Ranch, Olympic Training
Center and composting site at EastLake.
Councilmember Moore felt staff should try to include the Design Review Commission and Planning
Commission on the next tour. The first hour could be set aside for discussion.
d. Oral report regarding clarification of the intent of the Council motion related to amendments to the
1993/94 Operating Budget. City Manager Goss stated he had met with the Mayor regarding the issue and
had been in agreement as to what Council action had been. The resolution had been modified accordingly
and signed. The Council had never directed that the third clerical position in Administration be back.fiIled
with hourly help. The motion stated the position was frozen, in terms of filling it on a fuIl.time basis, it was
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Sin Diego. CA9210$'$486
Tel. (01SI283-9251
EXHIBIT 8
CDX
~~Inc.
June 6, 1994
Mr. Jim Thomson
Deputy City Manager
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Ref: Your letter dated May 12, 1994
Dear Mr. Thomson:
In your letter, you addressed a question relating to the charge for downgrading service
tiers from Basic plus CPS to Basic only. Specifically you identified the charge
calculation in Step F of Form 393. Attached to this letter are the Instructions for FCC
Form 393, Part 3. Step F is used for "charies for changing service tiers effected solely by
coded entry on a computer terminal." To change services from Basic plus CPS to Basic
only requires the installation of a "trap" that is physically attached to the cable wire
before it enters the home. This installation cannot be dOne without a trip visit to install
the "trap". The instructions further state, "Charges for changing service tiers or
equipment that involves more than the simple methods described above, shall be at actual
cost." The hourly service charge is $42.33. The time to install a trap is 1/2 hour. The
labor amount is 521.16. The trap costs $21.74 for a total of$42.90. Cox charges $24.94
to downgrade to Basic. Cox should have put these rates on line 30. I hope this addresses
the concerns of yours and your citizens. As you can see, Cox is charging customers an
amount significantly less than our actual cost for the downgrade.
If you have any questions about this answer, please contact me at 266-5410.
Sincerely,
0~t.-r~
Dale E. Thompson
Vice President
Finance and Administration
Attachment
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CllY OF
CHUlA VISTA
EXHIBIT 9
~
OFFICE OF THE CITY MANAGER
May 23, 1994
Ms. Meredith Jones
Chief of Cable Services Bureau
Federal Communications Commission
1919 M Street N.W.
Washington, DC 20554
Dear Ms. Jones:
The Cities of Chula Vista, La Mesa, National.City, Imperial Beach and poway (Cities) joined
together to jointly review the FCC Form 393 filings of Cox Cable San Diego (COX). The
Cities' consultant has found that the maximum permitted rate for basic services should be
reduced from that shown by Cox on the Form 393's it filed with the Cities. The basic service
reduction is attributable to certain adjustments in Part II of the Form 393, and is not attribptable
to any aQjustl\lents in the Part III "equipment basket". The Cities are considering ordering
refunds to reflect what the Cities consider to be the appropriate maximum permitted rate for
basic service for the period between September I, 1993 and May IS, 1994. -...
However, Cox contends that any refunds that the Cities may order for basic service should be
offset by upward adjustments in equipment rates where the rate charged by Cox was less than
the maximum permitted rate for the equipment that Cox itself calculated on the Form 393's that
it filed with the Cities. Specifically, these rates, as appearing in the Cox Form 393 filings
(unadjusted by any City action), include:
Permitted
Actual
Remote control
Converter.box type 1
Converter box type 2
$0.38
$1.l3
$2.08
$0.27
$1.05
$1.88
Cox cites the FCC's Third Order on Reconsideration (Docket No. 92-266 and 92-262) Paragraph
104 as its authority for applying increases in equipment rates to offset refunds of basic service
rates. We believe that Cox's interpretation of this paragraph is incorrect. We do not believe
that the FCC intended to allow an operator to, in effect, retroactively increase equipment rates
that the operator itself had chosen, in order to offset basic service rate reductions resulting from
the Cities' review of the Form 393 filings, even though none of the Cities' basic service rate
adjustments are attributable to any changes in the "equipment basket" costs on the Form 393.o
It is important for the Cities to resolve this refund matter as soon as possible in order to
determine what action to take on the Cox Form 393 filings. If the Cox interpretation of the
-...
276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5031
a-D"'{ Lf
56
.
.
.
Ms. Meredith Jones
May 23, 1994
Page 2
equipment rate offset is correct, there would be little or no refunds in the affected communities.
But if the Cities' interpretation is correct, there would be material refunds, although Cox would
also likely argue the merits of specific adjustments that the Cities' consultant proposes to the
Form 393's. It makes little sense for the Cities and Cox to argue on the merits of specific Form
393 adjustments if the Cox refund offset interpretation is to apply. Consequently, the Cities
would like to resolve the refund calculation matter tint, before requiring the time of City and
Cox officials to debate the merits of specific Form 393 adjustments.
The Cities are therefore requesting that you provide a clear interpretation of the meaning of
Paragraph 104 of the Third Report and Order. Our specific question ~ this:
May a cable operator retroactively (to September 1, 1993) increase equipment
rates where its actual rates were below the maximum permitted rates it calculated
on its Form 393, in order to offset refunds resulting from reductions to the basic
service rates ordered by the franchise authority, when no part of the basic service
rate reduction is attributable to any adjustments to Part m of the Form 393'1
Please direct your reply as soon as possible to:
Jim Thomson
Deputy City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Phone: (619) 691-5031
FAX: (619) 585-5612
Thank you for your immediate attention to this inquiry.
Sincerely,
'~ x!jL
John D. Goss
City Manager
JDG:JT:dlt
CC:' Robert McRann
Sr. Vice President/General Manager
Cox Cable San Diego, Inc.
5159 Federal Blvd.
San Diego, CA 92105-5486
Sc(
d-f) , 7~ erN OF CHULA VISTA
JJN I 3 199L
5159 Federa' Boulevard
San Diago, CA92105.5488
Tal. (8191263.9251
EXHIBIT 10
cmc
Cox Cable
Son Oiego.lnc.
"'"
Robert McRann
Sr, Vice President/General Manager
June 10, 1994
Mr. Jim Thompson
Deputy City Manager
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mr. Thompson:
Pursuant to Section 76.964 of the FCC Rules, Cox is hereby notifying you that its rates for Basic,
CPS and equipment will be modified effective July 14, 1994. A copy of the notices that will be
"Sent to all customers is attached. The rate will be reflected in bills received in July 1994 and will
result in an overall reduction of 6.7% for Basic and CPS combined, as specified in the attached
schedule. However, adjustments allowed for inflation, new channel additions, programming
costs and equipment may offset this reduction.
"'"
We have made every effort to insure that the new rates and schedules comply with both the
wording and spirit of the Cable Act. Should you have any questions about this information, call
me at 266-5353.
RMcIks
cc: Sandra Murphy
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National City, Imperial Beach,
Chula Vista, Santee
Monthly Service OLD RATE NEW RATE
. Basic $7.91 $7.47
· CPS (Cable Programming $14.51 $13.84
Services)*
· Basic + CPS $22.42 $21.31
- Savings $ -- [$1.11]
- Savings % -- [5.0%]
· Remote Control $.27 $.45
· Converter Rental $1.05 $1.61
. Addressable $1.88 $2.80
Decoder Rental
* only available with Basic Service
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New Rate Schedule
2217b
National City, Chula Vista
(Multiple Dwelling Units)
Monthly Service OLD RATE NEW RATE
· Basic $7.91 , $7.47
· CPS (Cable Programming $10.04 $10.48
Services)"
· Basic + CPS $17.95 $17.95
,. Cost Change -- -0-
· Remote Control $.27 $.45
.
· Converter Rental $1.05 $1.61
· Addressable $1.88 $2.80
Decoder Rental
.. only available with Basic Service
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ICNMelI edded IInce Sep__ 1. 1m Include Co\lrt TV. MEJU.
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Areas of the City & County of San Diego
UPlraded from a 36 to 10 Channel Capacity".
Monthly Servlre OLD RATE NEW DATE'
.. ... . .
· Basic 512.85 $8.02
.. ... ....'-
· CPS (Cable Programming $9.28 $17.14
Services)"
· Basic+CPS $22.13 525.16
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· Addressable 51.88 $2.tlU
Decoder Rental
. tlnly available with Datit Scrvk:c:
- Channe1& added above Ch. 36 include KBNT IEWTN. La Cadena Deportiva.
International Channel. BET. A&tE. Bravo. CNBC. The Weather Channel. TNN.
VH-l. Nickelodeon/Nick-At-Nite. Comedy Central. Fl. Cartoon Network.
Faith ok Values, C-SPAN n, Prevue Network. Sci-Fi Channel. Sneak Prewe,
Continuous Hits, Hot Choice. Showtime2. HB02. Cinemax2, CMT, Encore,
Court Tv. Mind F.xtens!on Universlty, MTV Latino and GEMS.
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City & CountY of San Diego
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Mnnthly SP1"Vlr~ OLD RATE - NEW RATE
· Basic --- $12.85 -- 512.17 '.--
,
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. CPS (Cable Programming -- 59.28 - -- $8.72 ....
Services).
. Basic + CPS $22.13 . .'. - . $20.89
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- Savings 5 -- (51.24)
- Savings % -- (5.6%)
. Remote Control $.27 $,45
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CoxCa~le
San DIego. Inc.
5159 Federal Boulevard
San Diego. CA 92105-5486
Tel. (619) 262-'122
2212a
.
.-.,
Dear Customer:
The Federal Communications Commission (FCC) recently ordered all cable
companies to review their rate schedules in accordance with the 1992 Cable Act.
This is the second phase of rate regulation ordered by the Commission. The first was
in September 1993 and resulted in 82% of Cox Cable customers receiving a rate
decrease while 18% saw a rate increase.
The new rate changes are effective with bills received in July 1994 and result in a
reduction of 6.7% on Basic + Cable Programming Services. However, adjustments
allowed for inflation, new channel additions, programming costs and equipment
may offset this reduction. After these factors are taken into consideration, more than
half of Cox Cable customers will see a modest rate decrease and fewer than half will receive a
slight rate increase. Your new and existing rates are listed on the reverse side of this notice.
In addition, as the result of the new FCC rules, there may be another rate
adjustment this September. At this moment we do not know what impact these
adjustments might have on bills as the FCC has not yet completed its final
rulernakings.
~
Should you wish to voice your opinion against the new rates for Cable
Programming Services, you have the right to file a complaint with the FCC within 45
days of receiving your first bill reflecting these changes. The FCC's Cable Services
Bureau may be reached at 1919 "M" Street, N.W., Washington, D.C. 20554, (202) 416-0856.
We have made every effort to insure that the new rates and schedules comply
with both the wording and the spirit of the new Cable Act. Should you have any
questions about this information, please call us at 262-1122.
Sincerely,
&lL
""'"\
fr/P
Robert McRann
General Manager
dO ~td-
2212c
SPECIAL NOTICES
.
. Cox Cable is required by a variety of local, state and federal laws and regulations to provide you with the following
information once a year.
&OW CABLE WORKS
The process begins at a central receiving station in El Cajon where Cox collects signals from a variety of sources.
These include signals from as far away as a satellite orbiting 22,500 miles above the earth, or from as near as Cox Cable's
studios next door.
Cox uses the signals from these satellites to bring you services like HBO, ESPN and superstation TBS. Public access and
other local origination (L.O.) programming are produced at the studio. Cox also uses giant television antennas on Cowles
Mountain to pick up local network and independent stations, and a microwave relay system to bring in Los Angeles channels.
All of these signals are processed and prepared for delivery through cable lines which are laid underground or on
telephone poles. These cable lines eventually connect to your home and to the back of your television set.
INSTALLATION & MAINTENANCE
You own, and are responsible for mainwining, the cable wiring within your home. (Cable wiring is defined as the internal
wiring located within a customer's premises or dwelling unit.> In addition, you may install and maintain additional cable
outlets. Cox Cable may also install and/or maintain additional outleUs), or you may hire another vendor to do so.
Cox will perform repair service at no charge if the problem is related to our equipment or to cable lines located outside your home.
However, you will be charged for repair visits when the problem is related to your own equipment or to conditions within your home.
Examples include education on how to use electronic equipment, problems caused by defective electronic equipment
which you purchased, improper alterations you may have made to the original cable installation, etc.
. While most cable problems can be corrected over the telephone, a minimum fee of $31.50 will be assessed if an in-ho"1e
eroice appointment is required. Estimated fees will be quoted over the phone at the time an appointment is scheduled and
will also be reviewed by the field service representative prior to proceeding with the actual correction.
CUSTOMER SERVICE
.
Cox Cable has established, as a minimum, customer service standards which already meet or exceed standards established by the FCC:
1. Cox will maintain toll-free phone availability, 24-hours-a-day, seven days a week. During normal business hours,
trained representatives will be available to respond. Cox's automatic response unit (ARU) will respond at other
hours and has the capability of helping a customer complete many transactions.
2. Under normal operating conditions, telephone answer time by a Cox representative will not exceed 30 seconds
once a connection is made; transfers will take no more than 30 seconds; and a busy signal should be heard less than
3% of the time. These standards will be met at least 90% of the time, under normal conditions.
3. Cox will maintain six customer service centers which are open during normal business hours.
4. Under normal circumstances, standard cable installation will be performed within seven days. Cox will begin work
on outages promptly, but no later than 24 hours after learning of a problem, unless conditions are beyond its
control. For other problems, Cox will begin corrective actions by the next business day. Cox offers "appointment
windows" of two-hour time blocks for all repairs and installations. If the Cox representative is running late, he or
she will call to reschedule. However, Cox will not cancel an appointment later than the close of business on the
business day prior to the scheduled appointment. These standards will be met at least 95% of the time.
5. Once a year, all customers will receive specific information relative to their use and enjoyment of cable service. This
will cover, among other things, channel lineup information, company service and pricing policies, information
about billing and complaint resolution issues, and addresses and phone numbers oi regulatory agencies. Normally
30 days notice will be given for changes in channel position, pricing or other significant changes in areas described
in this paragraph.
6. Bills will be clear and itemized to show the basic services and other services being re<;eived and will delineate all
activity ior the billing period. Cox will respond to a billing complaint within 30 days or sooner.
6)-0...(;-5
(continued on reverse)
&1
BILLING PROCESS
2212d
. The first bill you will receive when you initiate service with Cox Cable extends from the first day of cable service until'
the beginning of your billing cycle, and then one month forward. (Cox bills one month in advance.) It also includes any .
one-time charges such as installation and security deposits, as well as payments made at the time of installation.
Billing on your first bill, and beyond, itemizes charges for "Basic" cable service, "Cable Programming Services" (CP~"""'"
premium scrvice(s), remote contro}(s), cable boxes, Total TV and any other services or equipment you may have. After the
first bill, your bill will always be equal to your monthly rate, unless you have made any changes to your service level or have ordered
any pay-per-view events.
You are encouraged to pay your bill on or before the scheduled due date. If you do not pay your bill on a timely basis, you
will receive a delinquent notice and will be subject to a $7.50 late fee and/or disconnection of service.
COMPLAINT PROCEDURES
Have a complaint about your cable service? Please call us at 262-1122. If for any reason you feel Cox Cable's
representatives are not adequately addressing your concerns, however, you may contact the local franchise authority for
your area listed below:
City of Chula Vista
City Manager's Office
276 Fourth Ave.
Chula Vista, CA 91910
691-5031
City of Lemon Grove
City Manager's Office
3232 Main St.
Lemon Grove, CA 91945
464-6934
City of San Diego
City Administration Building
202 "C" St.
San Diego, CA 92101
570-1700
City of El Cajon
City Manager's Office
200 East Main St
El Cajon, CA 92020
441-1716
City of National City
City Manager's Office
1243 National City Blvd.
National City, CA 91950
336-4200
City of Santee
City Manager's Office
10601 Magnolia Ave.
Santee, CA 92071
258-4100
""""\
City ofImperia1 Beach
City Manager's Office
825 Imperial Beach Blvd.
Imperial Beach, CA 91932
423-8300, x7
City of Poway
City Manager's Office
P.O. Box 789
Poway,CA 92064
679-4347
County of San Diego
Cable 1V Review Commission
5555 Overland Ave., Bldg. 1
San Diego, CA 92123
694-2620
City of La Mesa
Dept. of Community Services
4975 Memorial Dr.
La Mesa, CA 91941
667-1300
-"
do"lJLf
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ITEM NUMBER: oZ.l
RESOLUTION NUMBER: /75 J6 <1
ORDINANCE NUMBER:
OTHER:
CONTRACT #:
CONTRACT/RESOLUTION DATE:
ITEM NUMBER REFERENCED ABOVE WAS CONTINUED FROM
~/I4I-/qq.
DATE:
AGENDA PACKET SCANNED ON:
NUMBER REFERENCED ABOVE HAS BEEN CONTINUED TO
DATE:
MISCELLANEOUS INFORMATION: (TITLE OF CONTRACT, ETC.)
flt1~h7W7:; /JA~P~) i I/~ 'kA~d ~
PI 7/1;9.11 -.: ~,ho/CJ5 .
~ 6/14/r;~~~~~
. / .
02/ -I
COUNCIL AGENDA STATEMENT
Item ).~
Meeting Date06/21/94
Resolution: ns,-\b Approving a Short Term Agreement with Victor
Joseph and A&S Canteen Services to provide concession services at Rohr
Park from July 1, 1994 through October 16, 1994
Director of Parks and Recreatio~ f~
Ilt (,
City Manager &fi5 (4/5ths Vote: Yes _ No X)
A&S Canteen Service submitted a proposal for exclusive rights to provide concessionaire
services for ten years at Rohr Park and the concert series. The Department reviewed the
proposal and felt there is insufficient time to prepare Request For Proposal (RFP) to solicit
other interested vendors prior to the busy summer period. The Department believes that the
City may realize a revenue benefit, but would like to gauge community support for such an
endeavor. A short term agreement has been developed in the interim to assist staff in
evaluating the pros and cons of a concessionaire at Rohr Park.
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
RECOMMENDATION: That Council authorize the Department to enter into a short term
agreement with A&S Canteen Service for a period of July 1, 1994 - October 16, 1994 and
report the results at the end of this period.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: A&S Canteen Service submitted a proposal to provide exclusive food and
beverage concessions at Rohr Park (Attachment"A"). In addition, the concessionaire wishes
to sell goods at the Summer Concert Series. A&S Canteen Service, and Mr. Victor Joseph
have extensive background in providing concessionaire services in New York and locally.
A&S operated the concessioner services at the Spring Valley Swap Meet for ten years until
1992. The original proposal called for a term often-years with the City receiving $10,000 per
year.
The City Attorney's Office advised the Department that a Request For Proposal process would
be required because of the length of the Agreement, and potential revenue stream associated
with this type of operation. Should the City pursue a long term agreement, Mr. Joseph would
have to compete against other concessionaires.
A concession may generate revenue at Rohr Park and Summer Concert Series. This service
is consistent with the Department's efforts to generate revenue to support City programs.
Furthermore, by granting a license to one operator could mitigate the problem of other vendors
A:\JERRY\CONCSION.A 13
June 16, 1994
~-\
Page 2, Item ~d-
Meeting Date06 /21/94
selling goods at the park. This has been a real problem in the past because non-authorized
vendors would illegally park and sell their goods, and the City didn't realize any financial
benefit. Since this is a limited term Agreement, the City has negotiated a flat rate of $3,000
to be paid upon execution of the Agreement. In addition, because there is no history on
operating a concession at Rohr Park, a flat rate of $3,000 payment appears fair. However, a
full accounting of revenue and expenditures by the concessionaire will be evaluated at the
conclusion of the Agreement. This information will be utilized in negotiating future
agreements. It is envisioned that the $3,000 be earmarked for youth programs and minor field
improvements.
Because of the time constraints of conducting a formal Request For Proposal process the
Department would like to enter into a short term agreement for three and a half months with
Mr. Victor Joseph and A&S Canteen Service. At the end of this period, the Department would
be in a better position to evaluate and inform Council about the benefits of a concessionaire
at Rohr Park. If the study indicates that the services of a concessionaire are complementary
and monetarily rewarding, the Department will develop a concessionaire RFP's for specific
terms, years and monetary returns.
Mr. Joseph will operate his concession on weekdays and weekends. He proposes to station two
catering trucks in the west and east ends of Rohr Parking lots. If business is not financially
viable on weekdays, he will just operate his concession on weekends.
Since the initial proposal, Mr. Joseph met with staff and revised the level of concessions to be
provided. Mr. Joseph's new proposal will include:
1. Limit concession items to ice-cream, candy bars, and an assortment of other small
sundry items.
2. Pay the City $3,000 to have exclusive rights for this pilot period.
3. Provide for clean-up of area within 100 feet of concession truck.
4. Would provide concession service at the Summer Concert Series if requested by the
City.
The Agreement between the City and A & S Canteen Service contains provisions for the City
to retain control and necessary protection clauses to minimize any City liability exposures. The
most pertinent provisions are:
1. Guaranteed payment of $3,000 upon approval of agreement by Council.
A:\JERRY\CONCSION.A13
June 16, 1994
dd--;)..
Page 3, Item .s '>-
Meeting Date06 /21/94
2. The City retain control of items to be sold, location of vending vehicles, dates and
times.
3. Contractor to name City as 'Additional Insured' and provide indemnification clause.
4. City retain right to terminate at City convenience in 30 days.
5. Agreement requires vendor to obtain necessary health permits from County Health
Department.
The Department made a reference check with Mr. Kyle Jamison of San Diego County Caterers
who provided a positive endorsement. Mr. Jamison felt Mr. Joseph's experience and
professionalism was exceptional. Mr. Jamison feels Mr. Joseph takes pride in the cleanliness
and appearance of his vehicles and equipment, and rated Mr. Joseph in the top 10% of clients
he services.
FISCAL IMP ACT: None. The City will receive $3,000 in revenues for this three and a half
month short term agreement.
A:\JERRY\CONCSION.AI3
June 16, 1994
dd.-3
RESOLUTION NO. n S4Co
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A SHORT TERM AGREEMENT
WITH A&S CANTEEN SERVICES TO PROVIDE
CONCESSION SERVICES AT ROHR PARK FROM JULY 1,
1994 THROUGH OCTOBER 16, 1994
WHEREAS, A&S Canteen Service submitted a proposal for
exclusive rights to provide concessionaire services for ten years
at Rohr Park and the concert series; and
WHEREAS, Parks and Recreation reviewed the proposal and
felt there is insufficient time to prepare Request For Proposal
(RFP) to solicit other interested vendors prior to the busy summer
period; and
WHEREAS, the Department believes that the City may
realize a revenue benefit, but would like to gauge community
support for such an endeavor; and
WHEREAS, a short term agreement has been developed in the
interim to assist staff in evaluating the pros and cons of a
concessionaire at Rohr Park.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve a Short Term Agreement with
A&S Canteen Services to provide concession services at Rohr Park
from July 1, 1994 through October 16, 1994, a copy of which is on
file in the office of the city Clerk as Document No. (to be
completed by the City Clerk in the final document).
BE IT FURTHER RESOLVED that the City Manager of the City
of Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the city of ula V sta.
Presented by
OV1'
to form by
Jess Valenzuela, Director of
Parks and Recreation
Bruce M.
Attorney
^
c: \rs\A&SCantn
>>- -Lf/22--5
Agreement between the City of Chula Vista
and Victor Joseph and A&S Canteen Service
for
Concession Services
THIS AGREEMENT is made and entered ioto this first day Julv, 1994, by and between the CITY OF
CHULA VISTA, a municipal corporation, hereinafter designated as "CITY", and Victor Joseph, and
A&S Canteen Services hereinafter designated as "CONTRACTOR."
RECITALS
WHEREAS, CITY desired a "Short Term" Concessionaire program to provide from July I, 1994 through
October 16, 1994. Concession service at Rohr Park and the City's concert series.
WHEREAS, CONTRACTOR has resources, equipment and experience io providing concession services.
WHEREAS, CITY desires to contract with CONTRACTOR as an iodependent contractor and
CONTRACTOR desires to provide services to CITY as an independent contractor.
WHEREAS, CONTRACTOR has qualifications necessary for the satisfactory performance of the services
designated hereio by virtue of its experience, and expertise.
NOW THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
I. CONTRACTOR'S DUTIES
A. General Duties
Concessionaire Services at approved Rohr Park and the City's concert series at Memorial Park. Goods
to be vended at Rohr Park include ice cream, chips, soft drioks and other sundry items. Goods to be
provided at the concert series will be ice-cream. Contractor will provide daily clean-up of area within
100 feet of vending trucks which will be parked at specified designated areas approved by the Director
of Parks and Recreation.
B. Cooperation
Work closely with the Director of Parks and Recreation io performing work io accordance with this
Agreement in order to receive clarification as to the result which the CITY expects to be accomplished
by CONTRACTOR. The Director of Parks and Recreation, under the authority of the City Manager,
shall be the CITY's authorized representative io the interpretation and enforcement of all work performed
io connection with this Agreement. The Director of Parks and Recreation may delegate authority in
connection with this Agreement to the Deputy Director of Parks. For the purpose of directing the
CONTRACTOR's performance in accordance with the Agreement, authority is delegated to Deputy
Director of Parks.
A:\JERRY\AGRMNT.VJ
June 16, 1994
1
d.-&'" -~
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C. Method of Payment of Revenues
The CONTRACTOR will pay $3,000 to the City upon approval of Agreement.
D. Failure to Perform Satisfactorily:
It is agreed and understood that in the short run if the CONTRACTOR fails to perform the services as
specified herein, the Deputy Director of Parks: (I) will notice contractor and specify areas that need to
be improved within two weeks, (2) if improvement is not satisfactory, services will be suspended until
satisfactory and assurance is given.
II. DUTIES OF THE CITY
A. Inspection By City:
The City shall provide continuing inspection of the work area to ensure adequacy of maintenance and that
methods of performing the work are in compliance with the contract. Discrepancies and deficiencies in
the work shall be corrected by the CONTRACTOR immediately.
Maintenance services performed by the CONTRACTOR shall be performed to the satisfaction of City,
Director of Parks and Recreation, or his designated representative.
B. Park Area for Vending Trucks
The City will designate areas at Rohr Park to station vending vehicles.
C. APPROVAL OF HOURS OF OPERATION
The City shall approve Hours of Operation at Rohr Park and City's Special Events. Any deviations from
designated hours must be approved by Director Of Parks and Recreation. Additional hours, days may
be granted upon written request by the CONTRACTOR.
III. PERSONNEL
The CONTRACTOR shall furnish sufficient supervisory and working personnel capable of promptly
accomplishing on schedule and to the satisfaction of the Director, all work required under this contract
during the regular and prescribed hours.
All such personnel shall be physically able to do their assigned work. The CONTRACTOR and his
employees shall conduct themselves in a proper and efficient manner at all times and shall cause the least
possible annoyance to the public. Personnel shall be fully clothed in suitable uniform attire with a
company identifying marker (personnel fully clothed and wearing a safety vest with the company
identification on the back will be considered suitable uniform attire). The Director shall require the
CONTRACTOR to remove from the worksite any employee(s) deemed careless, incompetent, or
otherwise objectionable, whose continued employment on the job is considered to be contrary to the best
interest of the City of Chula Vista.
A:\JERRY\AGRMNT .VJ
June 16, )994
2
dd--1
\~\
IV. INDEPENDENT CONTRACTOR
CONTRACTOR's relationship to the CITY shall be that of independent contractor. CONTRACTOR
shall have no authority, express or implied, to act on behalf of the CITY as an agent, or to bind the
CITY to any obligation whatsoever, unless specifically authorized in writing by the Director of Park sand
Recreation. CONTRACTOR shall be solely responsible for the performance of any of its employees,
agents or subcontractors under this Agreement. CONTRACTOR shall report to the CITY any and all
employees, agents, and consultant performing work, in connection with this project, and all shall be
subject to the approval of the CITY.
V. FOOD HANDLER PERMITS
Contractor shall obtain necessary Food Handlers Permits from San Diego County Health Department for
all employees prior to commencement of sales.
VI. CITY BUSINESS LICENSE
Prior to the commencement of any work under this Agreement, the CONTRACTOR shall obtain and
present a copy to the Director of Parks and Recreation of either an City of Chula Vista Business License,
or a written verification from the City Business License Division that a City Business License is not
required for this Agreement.
VII. WORKER'S COMPENSATION
Pursuant to Labor Code Section 1861, the CONTRACTOR hereby certified that the CONTRACTOR is
aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for Workers' Compensation or to undertake self-insurance in accordance with the
provisions of that Code, and the CONTRACTOR will comply with such provisions, and provide
certification of such compliance as a part of these Award Documents. The certification shall be in
accordance with subsection IV parts C and D of this Agreement.
VIII. LIABILITY INSURANCE
A. CONTRACTOR shall, throughout the duration of this Agreement maintain comprehensive general
liability and property damage insurance, or commercial general liability insurance, covering all operations
of CONTRACTOR, its agents and employees, performed in connection with this Agreement including
but not limited to premises and automobile.
B. CONTRACTOR shall maintain the following minimum limits:
General Liability
Combined Single Limit Per Occurrence
General Aggregate
Automobile Liability
Combined Single Limit Per Occurrence
$1,000,000
$1,500,00
$1,000,000
A:\JERRY\AGRMNT.VJ
June 16, 1994
3
d d--?
C. All insurance companies affording coverage to the CONTRACTOR shall be required to add the
City of Chula Vista as "additional insured" under the insurance policy for all work performed in
accordance with this Agreement. All insurance companies policies shall be issued by a carrier that has
Best's rating of "B+; Class VII", or better, or shall meet with the approval of City's risk manager. All
insurance companies affording coverage shall provide fourteen (14) day written notice to the City of
Chula Vista should the policy be canceled before the expiration date. For the purposes of this notice
requirement, any material change in the policy prior to the expiration shall be considered a cancellation.
D. CONTRACTOR shall provide evidence of compliance with the insurance requirements listed
above by providing a certificate of insurance, and policy enforcement which name the City of Chula vista
as additional insured and policy endorsement which names the City of Chula Vista as additional insured
concurrently with the submittal of the Agreement. CONTRACTOR shall provide a substitute certificate
of insurance no later than thirty (30) days prior to the policy expiration date. Failure by the
CONTRACTOR to provide such a substitution and extend the policy expiration date shall be considered
a default by CONTRACTOR and may subject the CONTRACTOR to a suspension in this Agreement
shall in no way be interpreted as relieving the CONTRACTOR of any responsibility whatever and the
CONTRACTOR may carry, at its own expense, such additional insurance as it deems necessary.
IX. CONTRACTOR'S INDEMNIFICATION OF CITY
CONTRACTOR shall indemnify and hold harmless the CITY and its officer, agents and employees
against all claims for damages to persons or property arising out of the conduct of the CONTRACTOR
or its employees, agents, 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, agents or employees. CONTRACTOR'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 judgement or not. Further,
CONTRACTOR at its own expense shall, upon written request by the CITY, its officers, agents or
employees.
Contractor's indemnification of CITY shall not be limited by any prior or subsequent declaration by the
CONTRACTOR.
X. TERMINATION OF CONTRACT FOR CAUSE
In the event the Contractor consistently fails to meet the specifications of this contract, the City may at
its option terminate the balance of the contract provided that the CONTRACTOR has had written notice
of his failure. Notice of such termination shall be in writing and shall take effect fifteen (15) days after
mailing such notice.
XI. TERMINATION FOR CONVENIENCE OF CITY
City may terminate this Agreement at any time and for any reason for giving specific written notice to
CONTRACTOR of such termination and specifying the effective date thereof, at lease thirty (30) days
A:\JERRY\AGRMNT VJ
June 16. 1994
4
.) ~ -1
before the effective date of such termination. If the Agreement is terminated by City as provided in this
paragraph, CONTRACTOR shall be entitled to receive just and equitable compensation for any
satisfactory work completed. CONTRACTOR hereby expressly waives any and all claims for damages
for compensation arising under this Agreement except as set forth herein.
XII. ENTIRE AGREEMENT
This Agreement comprises the entire integrated understanding between CITY and CONTRACTOR
concerning the work to be performed for this project and supersedes all prior negotiations,
representations, or agreements.
XIII. INTERPRETATION OF THE AGREEMENT
The interpretation, validity and enforcement of the Agreement shall be governed by and construed under
the laws of the State of California. The Agreement does not limit any other rights or remedies available
to CITY.
The CONTRACTOR shall be responsible for complying with an Local, state, and Pederallaws whether
or not said laws are expressly stated or referred to herein.
Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not
containing such provision, and all other provisions which are otherwise lawful shall remain in full force
and effect, and to this end the provisions of this Agreement are severable.
XIV. AGREEMENT MODIFICATION
This Agreement may not be modified orally or in any manner other than by an agreement in writing
signed by the parties hereto.
XV. ATTORNEY'S FEES
In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or
obligations arising out of, this Agreement, or to recover damages for the breach thereof, the party
prevailing in any such action or proceeding shall be entitled to recover from the non-prevailing party all
reasonable attorney's fees, costs and expenses incurred by the prevailing party.
XVI. NOTICES
All notices, demands, requests, consents or other communication which this Agreement contemplates or
authorizes, or requires or permits ether party to give to the other, shall be in writing and shall be
personally delivered or mailed to the respective party as follows:
A:\JERRY\AGRMNT.VJ
JW'lC 16, 1994t
5
~~~ID
To CITY:
To CONTRACTOR:
Parks and Recreation Department
Director of Parks and Recreation
276 Fourth Avenue
Chula Vista, CA 91910
Either party may change its address by notice to the other party as provided herein. Communications
shall be deemed to have been given and received on the first to occur of (i) actual receipt at the offices
of the party to whom the communication is to be sent, as designated above, or (ii) three working days
following the deposit in the United States Mail of registered or certified mail, postage prepaid, return
receipt requested, addressed to the offices of the party to whom the communication is to be sent, as
designated above.
XVII. ADMINISTRATIVE CLAIMS REOUlREMENT AND PROCEDURE
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 of Chula Vista and acted upon by the City of Chula
vista 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.
XVIII. SIGNATURES
The individuals executing this Agreement represent and warrant that they have the right, power, legal
capacity and authority to enter into and to execute this Agreement on behalf of the respective legal entitles
of the CONTRACTOR and the CITY.
A,\JERRYlAGRMNT.Vl
JuDe 16, 1994
6
d.~ -l \
Signature Page
To
Agreement between City of Chula Vista and Victor Joseph and
A&S Canteen Service
IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators,
successors, and assigns to hereby agree to the full performance of the covenants herein contained and
have caused this Professional services Agreement to be executed by the setting hereunto their signatures
their signatures this _ day of _, 19_.
Dated:
City of Chula Vista
by:
City Manager
Attest:
Beverly Authelet, City Clerk
M'O-A
Date:
Victor Joseph
By:
By:
Federal Employer 1.0. Number
Notary acknowledgements of CONTRACTOR must be attached.
A:\JERRY\AGRMNT.VJ
June 16. 1994
7
d. ~- )d-
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 06/21/94
ITEM TITLE:
A)
Resolution I 7.5 Y ~xercise the option for renewal of landscape
Maintenance Contract for Open Space Maintenance District 1,5,
9, and 10
(B) Resolution /7,fr1'Exercise the option for renewal oflandscape
maintenance contract for Open space Maintenance District 3, 4,
8; District 11, 14 15 and 24
SUBMITTED BY: Director of Parks and RecreatioQ..
REVIEWED BY: City Manager & ~ ~
(4/5ths Vote: Yes _ No X)
Staff is recommending that the City exercise its option to renew landscape maintenance
contract with RC Landscape, Blue Skies Landscape and New Way Professional Services for
FY 94 - 95. Staff is submitting two separate resolutions, one for bid cluster for Open Space
Districts 1, 5, 9, 10, and one resolution for the remaining bid clusters. In order to avoid
conflict of interest and maximize Council's participation, it is necessary to bifurcate this
resolution, and to deliberate on the bid cluster for Open Space Districts 1, 5, 9, and 10
separately.
RECOMMENDATION: That Council adopt resolution and renew the maintenance contract
in Open Space Maintenance District 1, 5, 9, 10; District 3, 4, and 8; District 11, 14, 15, and
24.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION: The City approved one-year landscape maintenance contracts with RC
Landscape, Blue Skies Landscape and New Way Professional Services in 1993 - 1994. These
contracts contain a yearly renewal option for three years. The Department is recommending
the City exercise its option to renew the landscape maintenance contracts for the above
contractors in Open Space Maintenance Districts 1,5,9, 10; Districts 3,4,8; Districts 11, 14,
15, and 24; at the same contract amount. The Department is satisfied with the above
contractor's performance and work over the past year. The Department has not received any
complaints from district residents. The contractors have complied with terms of the contract.
Prior to 1986, contracts were awarded on a yearly basis. However, since 1986, Council has
approved contract renewal options for Open Space Landscape districts. The contract renewal
option provided for three additional years if work performance was satisfactory. The reason
A:\OPENSP ACE\RENEWQS.A13
June 15, 1994
.1.3 ' /
Page 2, Item~
Meeting Date 06/21/94
for this three year renewal clause, was that staff felt contractors would be more responsive with
the possibility of a maintenance area for four years versus the one-year contracts with no
option clause for renewal.
The Department's experience in this area has revealed that contracts with renewal option
clauses were more cost effective, than annual contract with-out renewal options. From 1983
to 1986, the Department solicited annual contracts and encountered the following problems:
a. Large, reputable companies would not bid on yearly contracts because of the
initial investment of material and resources required to begin a new project
without any guarantee these costs could be spread over three or four years.
b. Annual contracts were susceptible to major changes up or down and made it
difficult to stabilize assessments.
c. Annual contracts did not provide the incentive to do good work to contractors
who were not awarded contracts for the next year. This created considerably
more work for staff to monitor and supervise contractors.
d. Finally, in some cases, non-responsive work by incumbent contractors created
new problems for the new contractor who would encounter landscape and
irrigation problems not present when bidding inspections were made.
The Department recommends approval of the renewal option for FY 1994 - 1995 to:
RC Landscape 1 $22,640 $22,640
5 $16,960 $16,960
9 $15,810 $15,810
10 $27,680 $27,680
Blue Skies Landscape
11
14
15
24
$54,505.68
$115,785.96
$5,317.80
$7,139.04
$54,505.68
$115,785.96
$5,317.80
$7,139.04
A:\OPENSP ACE\RENEWQS.A 13
June 15, 1994
.2 :J ' ,,2.
Page 3, Item .:2.:>
Meeting Date 06/21/94
4
8
$12,705
$31,614
$28,562
$12,705
$31,614
$28,562
New Way Professional Service 3
FISCAL IMP ACT: The cost shown above for maintaining these districts is borne by
respective homeowners in each district. The proposed budgets for these districts include
adequate funds to pay for these contracts.
A:\OPENSP ACE\RENEWOS.AI3
June 15, 1994
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open space district 24 Canyon Views
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CHULA
V 1ST A.
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TRACT
CHULA VISTA
'TFlACT NO. 804"
CANTON VIEW HOMES
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RESOLUTION NO. 17ft' 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EXERCISING THE OPTION FOR RENEWAL
OF LANDSCAPE MAINTENANCE CONTRACT FOR OPEN
SPACE MAINTENANCE DISTRICTS 1, 5, 9 AND 10
WHEREAS, the city approved
maintenance contract with RC Landscape in
Maintenance Districts 1, 5, 9 and 10; and
a one-year landscape
1993-94 for Open Space
WHEREAS, this contract contains a yearly renewal option
for three years; and
WHEREAS, staff is recommending that the City exercise its
option to renew the landscape maintenance contract with RC
Landscape in Open Space Maintenance Districts 1, 5, 9 and 10 at the
same contract amount in that Parks and Recreation staff is
satisfied with the work performance of the contractor.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby exercise the option for renewal of
the landscape maintenance contract with RC Landscape for Open Space
Districts 1, 5, 9 and 10.
Presented by
Approved as to form by
Jess Valenzuela, Director of
Parks and Recreation
Bruce M. Boogaard, city
Attorney
c: \ rs\osrenew.10
rJ.J4 - /
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RESOLUTION NO. I 7..5' r Y
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EXERCISING THE OPTION FOR RENEWAL
OF LANDSCAPE MAINTENANCE CONTRACTS FOR OPEN
SPACE MAINTENANCE DISTRICTS 3, 4, 8, 14, 15,
24 AND 11
WHEREAS, the city approved one-year landscape maintenance
contracts with Blue Skies Landscape and New Way Professional
Service in 1993-94; and
WHEREAS, these contracts contain a yearly renewal option
for three years; and
WHEREAS, staff is recommending that the city exercise its
option to renew landscape maintenance contracts with Blue Skies
Landscape and New Way Professional Service in Open Space
Maintenance Districts 3, 4, 8, 14, 15, 24 and 11 at the same
contract amount in that Parks and Recreation staff is satisfied
with the work performance of the contractors.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby exercise the option for renewal of
the landscape maintenance contracts with Blue Skies Landscape for
Open Space Districts 11, 14, 15 and 24 and with New Way
Professional Service for Open Space Districts 3, 4 and 8.
Presented by
Approved as to form by
Bruce M. Boogaard, city
Attorney
Jess Valenzuela, Director of
Parks and Recreation
c: \ re\OSrenew. all
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COUNCIL AGENDA STATEMENT
Item
Meeting Date 06/21/94
Jf
SUBMITTED BY:
J 7>'1'
Resolution Accepting bids and awarding landscape maintenance
contracts for Open Space Districts 2, 6, 7, 17" 23, 26 District; District
18; District 20; and EastLake Landscape Maintenance District No. 1
Director of Parks and R:e\~ati~
City Manage~ ~ ~ (4/5th Vote: Yes_ No _XJ
ITEM TITLE:
REVIEWED BY:
Request for bids to provide landscape maintenance services for Open Space Districts 2, 6, 7, 17, 23,
26, District 18, District 20; and EastLake Landscape Maintenance District No, 1 were let out on April
19, 1994 and were received on May 2, 1994. New agreements are required because the previous
contractor for Districts 2, 6, 7, 17, 23 defaulted, and is no longer in business. Additional landscape areas
were included in District #20 and EastLake Maintenance District, and the City added District #23 Otay
Rio Business Park into the Landscape Maintenance District system.
RECOMMENDATION: That Council adopt resolution and accept bids and award contracts to the
following low bidders:
2,6, 17,23,26 RC's Landscape $23,000,00
18 RC's Landscape $54,000,00
20 Alvezia Landscape $180,854.30
ELMD Alvezia landscape $47,580,19
BOARDS/COMMISSION RECOMMENDATION: Not applicable
DISCUSSION: Sealed bids were received by the City Purchasing Agent on May 2, 1994, to provide
landscape maintenance for Open Space Districts 2, 6, 7, 17, 23, 26; District 18; District 20; and
EastLake Landscape Maintenance District No.1 for FY 1994-95. Following the formal publication of
the Notice to Bidders, 24 landscape maintenance companies were notified. A total of nine companies
attended the pre-bid conference and tour held on April 18, 1994. A total of six companies submitted
bids.
Districts 2, 6, 17, 23, 26 were grouped into a cluster or grouping based upon types of landscaping,
physical size, scope of services, physical proximity, and economy of scale. Clustering small districts
together benefit from economy of scale, because it provides a more attractive bidding package !ban each
of the relatively small districts. This cluster was created to make it more appealing for contractors to bid
on larger areas, which enable them to utilize their resources more efficiently and reduce their overhead
cost.
A:\OPENSPACE\OSBIDS.A13
JIDlC 15, 1994
.2y-/
Page 2 Item ol. 'I
Meeting Date 06/21/94
The following chart is a summary of bids:
New Way
Acacia
$23,000.00
$26,572.00
$27,222.00
$60,900.00
$65,200.00
2,6,7, 17,23,26 RC's Landscape
Alvezia
Blue Skies
District 18 RC's Landscape $54,000.00
Alvezia $56,197.00
New Way $56,500.00
Coastline $57,927.00
Blue Skies $58,281.00
Acacia $64,500.00
Blue Skies
New Way
$180,854.00
$223,840.00
$255,894.00
District 20 Alvezia
Blue Skies
$47,580.00
$52,000.00
$63,959.00
$66,513.00
$74,999.00
BastLake Maintenance District Alvezia
RC's Landscape
New Way
Coastline
A:\OPENSPACE\OSBIDS.A13
June 15, 1994
",2 '/- .2
Page 3 Item ~ l'
Meeting Date 06/21/94
The following chart is a comparison of the past three year contract prices and the current low bid.
2 $4,880.00 $5,020.00 $3,756.00 $4,000.00 Slight increase from
FY 93-94 bid, but
lower than FY 92-93
bid.
6 $11,450.00 $11,770.00 $6,054.00 $5,000.00 Decrease due to
establishment of plant
material; less
maintenance required.
7 $3,860.00 $3,970.00 $2,758.00 $3,000.00 Slight increase from
FY 93-94, but lower
than prior two years.
17 $978.00 $3,000.00 New District. Bid was
for six months and
were extremely low.
Low bidder defaulted.
23 $4,000.00 New Open Space
Maintenance District.
26 $477.00 $4,000.00 New District. Bid was
for six months and was
extremely low. Low
bidder defaulted.
18 $63,000.00 $65,380.00 $59,169.00 $54,000.00 Plant establishment
requires less
maintenance.
20 $139,160.00 $143,060.00 $150,808.62 $180,854.30 New areas (6.67 acres)
were added in overall
contract.
ELMD $35,210.00 $56,070.00 $35,416.00 $47,580.19 New areas (2.33 acres)
were added in overall
contract.
Three out of four of the bid packages were at less than the contract prices two years ago in spite of the
fact that three out of four bid packages increased in area. Bid cluster 2, 6, 7, 17, 23, 26 includes the
newly formed Open Space District 23 (Otay Rio Business Park) and its 1.4 acres of parkway along Otay
Valley Road. Open Space District 20 (Rancho Del Rey) expanded to include an additional 6.67 acres
of parkway maintenance resulting from Telegraph Canyon Road improvements. EastLake Landscape
Maintenance District (ELMD) will expand to include landscape medians of EastLake Greens and areas
east of Hunte Parkway. This expansion amounts to an additional 2.33 acres.
Landscape bids in FY 1993-94 for Open Space District 17 (Bel Air Ridge) and Open Space District 26
(Park Bonita) were extremely low and were for a six month maintenance period. Consequently, the
A:\OPENSPACE\OSBIDS.A13
JWle 15, 1994
.2'!J
Page 4 Item
Meeting Date 06/21/94
~J/
contractor defaulted. The new bids for FY 94 - 95 for these respective districts were evaluated by staff
in comparison with other like areas and feel they are fair and reasonable. The bidders, R.C. 's, Districts
18 and District cluster 2,6,7, 17,23,26, and Alvezia, District 20 and ELMD, are presently maintaining
City Open Space successfully and satisfactorily.
Staff recommends RC's Landscape and Alvezia's low bids as fair and reasonable and should be accepted.
The terms of the agreement are for one year with two one-year options. Options are contingent on the
City's satisfaction with the level of service.
FISCAL IMP ACT: Total costs for maintaining these districts are borne by the respective homeowners
in each district.
A:\OPENSPACE\OSBIDS.AI3
June 15, 1994
,) 'I-If
RESOLUTION NO.
115'1/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
LANDSCAPE MAINTENANCE CONTRACTS FOR OPEN SPACE
DISTRICTS 2, 6, 7, 17, 23, 26; DISTRICT 18,
DISTRICT 20; AND EASTLAKE LANDSCAPE
MAINTENANCE DISTRICT NO. 1
WHEREAS, sealed bids were received by the City Purchasing
Agent on May 2, 1994, to provide landscape maintenance for Open
space Districts 2, 6, 7, 17, 23, 26, District 18, District 20 and
EastLake Landscape Maintenance District No.1; and
WHEREAS, new agreements are required because the previous
contractor for Districts 2, 6, 7, 23 defaulted, and is no longer in
business and additional landscape areas were included in District
20 and EastLake Maintenance District No. 1 and added District #23
into the Landscape Maintenance District system; and
WHEREAS, Districts 2, 6, 17, 23 and 26 were grouped into
a cluster or grouping based upon types of landscaping, physical
size, scope of services, physical proximity and economy of scale;
and
WHEREAS, the following is a summary of the bids submitted
from the various contractors:
2, 6, 7, 17, 23, 26 RC's Landscape $23,000.00
Alvezia $26,572.00
Blue Skies $27,222.00
New Way $60,900.00
Acacia $65,200.00
District 18 RC's Landscape $54,000.00
Alvezia $56,197.00
New Way $56,500.00
Coastline $57,927.00
Blue Skies $58,281. 00
Acacia $64,500.00
,).J/ f
District 20 Alvezia $180,854.00
Blue Skies $223,840.00
New Way $255,894.00
EastLake Alvezia $47,580.00
Maintenance
District
RC's Landscape $52,000.00
New Way $63,959.00
Coastline $66,513.00
Blue Skies $74,999.00
WHEREAS, the low bid for cluster 2-6-17-23-26 was $23,000
and for District 18 was $54,000 as submitted by RC's Landscape; the
low bid for District 20 was $180,854.30 and for EastLake Landscape
Maintenance District was $47,580.19 as submitted by Alvezia
Landscape.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby accept bids and award landscape
maintenance contracts for Open Space Districts 2, 6, 17, 23, 26 and
District 18 to RC's Landscape in the amount of $77,000, and awards
landscape maintenance contracts for District 20 and EastLake
Maintenance District No. 1 to Alvezia Landscape in the amount of
$228,434.49, which contractors have assured the city that they are
licensed contractors who can produce an acceptable performance
bond.
Presented by
Approved as to form by
Jess Valenzuela, Director of
Parks and Recreation
Bruce M. Boogaard, City
Attorney
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EASTLAKE MAINTENANCE DISTRICT NO.1 FY 1994/95
MODIFIED 7/15194
ZONE A ZONEB ZONEC ZONE D
EASTLAKE 1 GREENS OTC SALT CREEK OLR TOTAL
BUDGET 65,491 23,922 60,491 165,087 59,450 374,441
RESERVE REQ'T 23,601 11,002 0 0 17,834 52,437
TOTAL FUNDS NEEDED 89,092 34,924 60,491 165,087 77,284 426,878
LESS AMOUNT IN RESERVE 39,415 1,854 0 0 11,576 52,845
LESS SA VINGSIINTEREST 6,603 14,139 0 0 1,812 22,553
NET ASSESSMENT 43,074 18,931 60,491 165,087 63,897 351,480
P ARTICIP ATING EDU'S 9925.60 2078.1 500 466.6 12,848.7
ASSESSMENT/EDU $4.34 $9.11 $120.98 $353.81 $4.97
FY93-94 ASSESSMENT 6.98 10.64 0 0
% INCREASE -37.8% -14.4% N/A N/A
NOTE: ZONEAB CAND OSD 31 (fCE) SHARE
COST OF OTA Y LAKES ROAD MEDIANS
SR 125 & SC1 ANTICIPATED TURNOVER IS
1/95-50% RESERVE BUILT IN
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RANCHO DEL REY OSD 20 - FY 1994/95
MODIFIED RESERVE WORKSHEET
P&R BUDGET LESS 94/95
SAVING 94/95 RESERVE RES. AMORT GROSS BUDGET LESS NET
ALLOCATION BUDGET REQ'T % COSTS NEED RESERVE SAVINGS ASSM'T
ZONE 1 $917 $0 $32,930 $33,847 $0 $3,566 $30,281
ZONE 2 $5,781 $3,111 54% $1,101 $9,993 $5,305 $3,932 $756
ZONE 3 $23,397 $10,848 46% $0 $34,245 $6,408 $3,970 $23,867
ZONE 4 $57,939 $28,926 50% $4,002 $90,867 $26,018 $16,541 $48,308
ZONE 5 $432,251 $299,599 69% $34,617 $766,467 $264,655 $168,037 $333,775 *
ZONE 6 $0 $0 $0 $0 $0 $0
ZONE 7 $15,277 $7,568 50% $0 $22,845 $2,424 $7,254 $13,167
TOTAL $535,562 $350,052 $72,650 $958,264 $304,810 $203,300 $450,154
SAVINGS DUE TO
LANDSCAPE ITEMS ONLY
*per cc direction to hold assmt (4/5/94)
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Rancho del Rey Open Space District No. 20
Annualized Costs
Amount Accumulated
for Fiscal Years: FY 94-95
Zone Description 90-91,91-92,92-93,93-94 Amount Work Description
1 Desilting Basin $108,588 $26,230 Desilting basin maintenance (every 5 years)
$26,800 $6,700 Stabilization stuuctures maintenance (every 3 years)
2 Rice Canyon $3,492 $873 Staging Area -AC. overlay and stripe (every SyearsO
$912 $228 Staging area maintenance (30 year period)
$24,504 $0 Miscellaneous
3 E.Hstreet $0 $0
4 SPA 1 Phase 1 $16,008 $4,002 Monumentation replacement (30-yr period)
(Business etr.)
5 SPA 1, Pha,es 2-6 $154,508 $34,617 Theme wall & monument replacement (30-yr)
6 SPA 2 $0 $0
7 SPA 3 $0 $0
Total $334,812 $72,650
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21. PUBLIC HEARING OPEN SPACE MAINTENANCE DISTRICTS 1941t.1l4, 15, 17,
18, 20, 23, 24, AND 26, AND BAY BOULEVARD, EASTLAKE AND TOWN CENTER MAqnENANCE
DISTRICTS FOR FISCAL YEAR 1994/95 - In accordance with Municipal Code Section 17.07, the City ineer
prepared reports on the spread of assessments for the open space districts. The reports were accept e
required puhlic hearings were set by Council at its meeting of 4/19/94. The agenda statement includes info
related to the above districts and general information related to Open Space District 10. Specifics of Open S · 1)_
District 10 are addressed in item 20 on the agenda. Staff recommends Council direct staff to tally all protests and#".
approve the resolution. (Director of Parks & Recreation and Director of Public Works) Continued from the
meeting of 6/7/94.
Minutes
June 14, 1994
Page 9
RESOLUTION 17532 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE
FACILITIES TO BE MAINTAINED, APPROVING MODIFICATIONS TO THE ENGINEER'S REPORT
AND LEVYING THE ASSESSMENTS FOR FISCAL YEAR 1994/95 FOR OPEN SPACE DISTRICT
NUMBERS 1-9, 11, 14, 15, 17, 18,20,23,24, AND 26, AND BAY BOULEVARD, EASTLAKE AND TOWN
CENTER MAINTENANCE DISTRICTS CONTINGENT UPON APPROVAL OF THE BUDGETS BY
COUNCIL
John Lippitt, Director of Public Works, informed Council that a considerable number of written protests were
received on the EastLake Maintenance District Zone D. The protests were tallied and staff met with several
representatives of the area. The meeting with the property owners was scheduled for 6/22/94 to see if there was
a way to reduce the assessments. The assessments for Zone D were based on staff estimates because the District
had not been taken over until January. An additional eleven written protests were received prior to the meeting.
Staff estimated that to be about a 22 % protest by area. Staff was recommending Council close the hearing and
allow staff to meet with the residents to see if there was a lower amount and bring back a resolution to Council in
July to levy the assessment.
Councilmember Moore questioned if the initial $7.00 fee had been explained in writing to the property owners.
He felt a written explanation should be handed out at the meeting,
Donna Snider, Civil Engineer, responded the letter was not tailored to their specific district and in the future that
would be done.
This being the time and place as advertised, the puhlic hearing was declared open.
. David Digiambuttista, 2269 Rolling Ridge Road. Chula Vista, CA, Open Space Zone D, stated they would
like consideration given to the fact that it was a first year budget and therefore, there was no cost
base to compare it to. The budget was prepared without bids and there was no objective basis for
which they could test the reasonableness of the budget. Because it was a new district most of the
people that would ultimately pay the assessments had yet to move into the area. The largest land
owner had voted for the people that had yet to move into the area. The disclosure that had been
signed by the property owners omitted the fact that the SDG&E easement would be included in
the zone, the land set aside for SR 125 was in the zone, and that the developer was paying a
significant amount of money to provide maintenance. They felt a budget should be presented that
did not have the costs to maintain the easement for SDG&E or other items that were not included
in the disclosure statement.
. Arthur Schaefer, 2203 Lago Madero, Chula Vista, CA, Open Space Maintenance Zone D, stated most of
the woe was high chaparral or coastal chaparral open area, under high power lines, or erosion
controls on the hill. He felt the increase was excessive and that the disclosures were vague.
. Phil A. Gaugham, 455 Rivercreek Court, Chula Vista, CA, Open Space Maintenance Zone D, submitted
a written protest petition with eleven names of property owners. He requested that the item be
continued until after the meeting between the property owners and staff. The signatures presented
were greater than 60% of the people that lived in the area. The majority of the land ownership
was the Baldwin Company and they had voted for people and homes that did not exist.
Mr. Boogaard informed Council that a revised resolution was on the dais that deleted Zone D and would allow
Council to take action on the other districts. A new resolution could be brought back at a later date dealing with
Zone D.
. Terry Lewis, 457 Rivercreek Court, Chula Vista, CA, Open Space Maintenance Zone D, stated her
problem was with the disclosure statement. She had been unable to obtain information regarding
cJj/l(
IIffc<chn".ent..D / iJf' Y
Minutes
June 14, 1994
Page 10
.6~
~~~
the assessment districts and Mello Roos assessments for her area and what they covered. At a C
minimum, she felt the builders owed the people purchasing property a clear piece of paper that 0
stated what the tax rate was, the Mello Roos tax, the assessment district number and the amount ~r
of the assessment. It should be in simple numbers so that it could be clearly understood. The
property owners should be given an opportunity to discuss privatizing part of the area. They had
been told that the Mello Roos covered all their assessments and had not been told there would be
assessments above the Mello Roos and property taxes.
Mayor Nader stated Council had passed an ordinance that required a specific disclosure form and he felt the City
Attorney should look at it to see if it conformed to the legal requirements.
. Bertha J. MacTieman, 2261 Rolling Ridge Road, Chula Vista, CA, Open Space Maintenance Zone D,
stated they had lived in their home for two months. Baldwin would not sign the petition and it
was up to the Council to help the voting public. She requested that Council not vote on the
assessment.
· Ken MacTiernan, 2261 Rolling Ridge Road, Chula Vista, CA, Open Space Maintenance Zone D, did not
feel it was fair to pull Zone D out because reprt:st:ntativt:s from the other districts were not in
attendance. He requested that the entire item be continued. He did not feel the property owners
should be held hostage due to Baldwin's ownership, as they had a conflict of interest. The
taxpaying voters were the ones that were speaking out. He requested that Council be concerned
regarding their taxes and postpone action until the property owners had an opportunity to meet
with staff.
· April Schaefer, 2203 Lago Madero, Chula Vista, CA, Open Space Maintenance Zone D, stated the
majority of the land they were being assessed on was land that could not be built on, i.e. native
species that were protected by law and required no maintenance. Chaparral was under the
SDG&E right-of-way and the only areas being maintained were the ramps for SR 125 and erosion
control on the hills. They should not be assessed to maintain public land. She requested that
Council continue the item until the property owners had an opportunity to meet with staff.
· Phyllis Altomare, 1160 Sundown Lane, Chula Vista, CA, District 4 and District 18, stated the residents
of the districts were disgusted and would not appear at the public meetings. She requested that
Council postpone their decision and allow them to discuss it with staff. Most of the area in
District 4 was chaparral. The assessments continued to go up when they should be going down
because the vegetation was established. She felt part of the problem was the contractor.
Councilmember Rindone questioned what procedures were in place to ensure the work was being performed as
required.
Joel Chew, Open Space Coordinator, stated the inspectors had weekly meetings with contractors of all districts.
The work was also monitored on a daily basis in the field. The contractor had a set work schedule along with daily
work orders issued by the City.
,. Dara Wooley, 2284 Rolling Ridge Road, Chula Vista, CA, Open Space Maintenance Zone D, stated the
staff recommendation to close the public hearing would not allow further protests and she did not
feel that was fair to those property owners that could not attend the meeting. She stated she was
still working on Baldwin to obtain their signature on the protest.
Mayor Nader stated Council would technically close the public hearing, but any subsequent meeting at which
Council voted on consideration of setting an assessment would be a public meeting and the public would be legally
allowed to speak to Council. He requested clarification regarding the ability to receive protests after the closure
of the public hearing.
Mr. Lippitt responded the recommendation was that if the public hearing was closed, no further written protests
would be received. Staff would be working with the property owners to consider a lower assessment.
Mayor Nader stated Council could consider further written assessments and were not bound by that. Due to the
property ownership by Baldwin. it would be up to Council discretion regardless the number of signatures in protest.
Mr. Lippitt stated that was correct.
There being no further public testimony, the public hearing was declared closed.
ell./'
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ll#c-<AmPt1t D ;)o-f y
() Minutes
~ June 14, 1994
4<1~ Page II
~
Co~cilmember Moore questioned who determined the area that would be under contract for rQ)tii'ce
mamtenance dlstncts. "4fiJJ L
Mr. Lippitt stated that was determined at the Tentative Map phase. The developer was then required to plant l'!:;
area and bring it up to a satisfactory level of service before the City accepted it. That was part of !he problem, i.e.
some people moved in prior to the developer finishing his requirements and before a final assessment was
established. The developer paid for the parcels that were unsold, therefore, they were being assessed as if the entire
area was developed. The SR 125 right-of-way was not just in Zone D, but in the entire EastLake Maintenance
District Zone A. The street slopes adjacent to "H" Street were fully assessed in Zone D.
Ms. Snider stated SDG&E was within Zone D.
Councilmember Rindone questioned what the maintenance covered for Open Space Maintenance Zone D.
Mr. Lippitt responded it covered erosion control, streetscape, non-irrigated hydras seed, etc.
Councilmember Rindone felt staff should have an overhead depicting the maintenance areas at the next meeting.
Council was suggesting that there might be a resolution on mitigating the costs while still providing the protection,
but not necessarily at the full scale being recommended. Staff should look at alternatives that were not cost
prohibitive.
MSC (NaderlRindone) to defer EastLake Maintenance Zone D to the July 12, 1994 meeting and direct staff
to hold a meeting with residents regarding cost control measures and report back to Council. Approved 4-0-1
with Horton absent.
Mayor Nader stated he continued to have concerns regarding the costs of maintaining open space that had been there
all along in most cases. He felt cost savings could be achieved on some of the open space maintenance districts.
A motion had been unanimously passed directing staff to look at cost reduction measures and he did not see those
recommendations before Council for consideration. His intent in voting for that motion was that it would be
received before Council would be asked to vote on any of the proposed assessments. Council had an obligation to
control costs as best they could. He felt that could be done by: 1) maintaining native vegetation wherever possible;
and 2) privatization or allowing non-natural open space to be administered through a local homeowners association.
He felt the City was holding the line on most of the districts, but several had excessive increases. Therefore, he
was not prepared to vote on Districts 4, 24, EastLake I, EastLake Greens as they had very large increases.
Councilmember Moore stated Council made the policy and staff had to design something that would fit the policy.
He questioned whether there should be a CAP on all open space districts, except Zone D, for the next two years.
He felt that should be explored in the report back to Council. The districts were in place to enhance !he individual
properties, but the City could not allow tbe costs to automatically move up.
RESOLUTION 17532, REVISED TO DELETE ZONE D, OFFERED BY COUNClLMEMBER MOORE,
reading of the text was waived.
AMENDMENT: (Nader) to direct that all assessment increases be capped at a 10% annual increase and staff
bring back a budget that would achieve that (Zone D not included in the motion).
Mr. Boogaard recommended Council receive staff input regarding the amendment. If action was taken, he proposed
that it be done by minute action rather than inclusion in the resolution. He felt the motion could have an impact
on the City's ability to finance some of the open space districts.
Councilmember Moore questioned whether any contracts had been let out.
Mr. Chew responded that the contracts would be before Council at their 6/21/94 meeting. All contracts were for
a period of one year with three additional one year renewals.
SECOND TO AMENDMENT: (Moore)
Mayor Nader stated he had reached the 10% arbitrarily and he was not tied to that number. It was an issue that
could be revisited prior to the letting of contracts in any given year.
J)-I (,:,
Affc<chmutf D 3.ofY
Minutes
June 14, 1994
Page 12
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Councilmember Fox stated that in Zone A and B the increases were over 30%, but the actual increases were only Co
several dollars per year. He questioned whether that would apply also.
~).
Mayor Nader stated that was correct. One of the protests had been from a senior citizen who simply could not
afford the increase in Zone A.
Mr. Boogaard urged Council to direct staff to bring back a report that would study the impact of the proposal so
Council would know what the consequences were in terms the City's ability to finance open space districts.
Councilmember Moore felt the contracts should be modified and negotiated to ensure that it did not increase by 10%
or more.
Mr. Boogaard stated that if the City had to stop irrigating it could result in landscape damage they were currently
unaware of and he wanted Council to be more fully advised in those regards.
Councilmember Fox stated he agreed with the concerns expressed by the City Attorney and questioned whether
Council would be advised at the time the contracts were brought to Council.
Mayor Nader stated under the motion, the existing assessment would be the base level uoder which the irrigation
had been performed and the landscape had not withered or died. Staff should find a way to bring the costs down.
AMENDMENT: (Rindone/Nader) CAP of no more than 10% of the prior year assessment unless the
assessment of the prior year was abated by 50% or more of the reserves, staff to analyze prior to next weeks
meeting and report the impacts. Maker of original amendment and Second agreed to incorporate into original
amendment.
Councilmember Rindone stated if the formula proposed was unrealistic he wanted staff to give Council other
recommendations or a phase in recommendation to accomplish it.
VOTE ON AMENDMENTS: approved 4-0-1 with Horton absent.
Mayor Nader stated the resolution was on the floor, but in light of the amendmeots he felt staff should be given time
to redo tbe resolution.
Mr. Boogaard questioned wbether Council wanted the CAP to apply to the current year.
Mayor Nader responded that was correct.
MSC (Nader/Fox) to continue the item for one week to allow staff time to recalculate the assessment in
accordance with the motion passed. Approved 4-0-1 with Horton absent.
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A~t~~n~~e Resolution
RESOLUTION NO. J15~z, t:1/_'~t<m}L' /J~;tC j)
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED,
APPROVING MODIFICATIONS TO THE ENGINEER'S
REPORT, AND LEVYING THE ASSESSMENTS FOR FISCAL
YEAR 1994-95 FOR OPEN SPACE MAINTENANCE
DISTRICTS 1-9,11,14,15,17,18,20,23,24
AND 26; AND BAY BOULEVARD, EASTLAKE AND TOWN
CENTRE MAINTENANCE DISTRICTS CONTINGENT UPON
APPROVAL OF THE BUDGETS BY COUNCIL
WHEREAS, prior to the adoption of this resolution, the City
Council has caused the formation of various districts under and
pursuant to either the Chula vista Open Space District Procedural
Ordinance ("Procedural Ordinance"), as contained in Chapter 17.07
(adopting in substantial part the 1972 Lighting and Landscaping Act
("Act") as contained in Streets and Highways Code section 22500, et
seg., or pursuant to the Act itself designated as follows:
1. Open Space District Nos. 1-9, 11, 14, 15, 17, 18, 20, 23, 24
and 26
2. Bay Boulevard, Eastlake and Town Centre Maintenance Districts.
WHEREAS, in accordance with the Procedural Ordinance, the City
Engineer has prepared a report on the spread of assessments for
said Open Space and Maintenance Districts ("Engineer'S Report");
and,
WHEREAS, on April 19, 1994, the City Council approved the
Engineer's Reports and set June 7 and 14, 1994 as the dates for the
public hearings; and,
WHEREAS, on June 14, 1994, the City Council approved the
modifications to the Engineer's Report affecting Open Space
Maintenance District 20 and EastLake Maintenance District No.1;
and
.
WHEREAS, the proposed individual assessments for Fiscal Year
1994-95 as they compare to the last year are shown below:
dS~ Ir
LAST IT VS. THIS IT ANNUAL ASSESSMENT
IT 93-94 IT 94-95
OSD Assessm.ent/EDU Assessm.ent/EDU(S)
1 $78.86 $77.70
2 32.44 39.54
3 250.90 267.06
4 197.08 282.94
5 224.22 243.12
6 128.00 136.26
7 87.58 95.86
8 430.94 430.94
9 92.88 111.42
11 81.22 83.58
14 254.74 270.35
15 234.24 234.24
17 124.74 124.74
18 303.34 321.40
20(l1l)
RANCHO DEL REY
Zone 1 Desilt Basin $36.67
Zone 2 Rice Canyon 0.19
Zone 3 E. H Street 3.73
Zone 4 Bus Center 18.25
Zone 5 SPA 1- RES 187.62
Zone 6 SPA 2 0
Zone 7 SPA 3 9.39
23 0 335.70 ,0'
24 210.98 495.73
26 359.00 394.30
Bay Blvd. 1,000.80 889.00
Town Centre 43.58 45.56
EASTlAKE MAINTENANCE DISTRICT
NO. 1(9)
Zone A . Eastlake I 6.98 9.30
Zone B . Eastlake Greens 10.64 14.08
Zone C - Olympic Training err 0 125.96
:lQR'il J;;'I [air Crggk I ,..) ~ ~
;)S ~/7
(1)See Engineer's Report for amortized costs and breakdown by zone
!2lReserve is at 10%
{3lBased on preliminary budgets
(4Jlncludes prorata share of Zone A
{SlPer benefit unit
{6lper acre
{7lIncludes revenue from OSD31 for medians on Otay Lakes Road
(&lReserve is at 20%.
(9)As approved by Council on 4/5/94 with minor adjustment and excludes OSD31 share of OLR
{lo'Typical residential home's assessment had no change
NOW, THEREFORE, BE IT RESOLVED that the city council of the
city of Chula vista does hereby continue the public hearing
regarding the assessment on Eastlake Maintenance District Zone D
Salt Creek I to the meeting of July 12, 1994 and declare all other
hearings are closed.
BE IT FURTHER RESOLVED as to all assessments as to all Open
Space and Maintenance Districts herein referenced, except for Open
Space District No. 10, that the City council of the City of Chula
vista does hereby find that written protests against the proposed
assessment increase have not been made by owners representing more
than one-half of the area of the land to be assessed from the
improvement and confirms the diagram and assessment contained in
the Engineer's Report, and orders the open space and maintenance
facilities to be maintained. The adoption of this resolution shall
constitute the levy of the assessments as proposed in the
Engineer's Report for the 1994-95 fiscal year and set forth
hereinabove for all Open Space and Maintenance Dis ricts except
Open Space District No. 10.
Presented by
John P. Lippitt, Director of
Public Works
c: \~\C?!.Lev~~a1t
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.
MODIFIED
ENGINEER'S REPORT
LANDSCAPING AND LIGHTING ACT OF 1972
CITY OF CHULA VISTA
for
.
OPEN SPACE DISTRICT NOS.
. THROUGH 9, .., .4, 15, .7, .8,20,23,24,26
BAY BOULEVARD, TOWN CENTER, AND EASnAKE
MAINTENANCE
DISTRICT NO. .
FISCAL YEAR 1994.1995 (RENEWAL)
Prepared by: Engineering Division
Department of Public Works
City of Chula Vista
.
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ENGINEER'S REPORT
.-.
OPEN SPACE DISTRICTS
NOS. 1 THROUGH 9, 11, 14, 15, 17, 18, 20, 23, 24, 26
BA Y BOULEVARD TOWN CENTER, AND EASTLAKE MAINTENANCE DISTRICT
NO 1
(Pursuant to the Landscaping and Lighting Act of 1972)
The City Engineer, Engineer of Work for Open Space Districts 1 through 9, 11, 14, 15,
17, 18,20, 23, 24, 26 Bay Boulevard, Town Center, and Eastlake Maintenance District No 1,
City of Chula Vista, San Diego County, California, makes this report, as directed by the City
Council, Resolution 17372, dated January 25, 1994, pursuant to Section 22585 of the Streets and
Highways Code (Landscaping and Lighting Act of 1972), and Chapter 17 of the Municipal
Code,
The improvements which are the subject of this report are briefly described as follows:
The renovation, improvement, maintenance and furnishing of
electric current for the street lights and appliances, for the
landscaping renovation and maintenance, for the drainage area
maintenance including silt removal.
-
This report consists of six parts, as follows:
. PART A--Plans and specifications for the improvements are fIled with the City Clerk.
Although separately bound, the plans and specifications are a part of this report and are
included in it by reference.
. PART B--An estimate of the cost of improvement and net assessment.
. PART C--An Assessment of the estimated cost of the improvement on.each benefitted
parcel of land within the assessment districts.
. PART D--A statement of the method by which the undersigned has determined the
amount proposed to be assessed against each parcel.
. PART E--A list of names and addresses of the owners of real property within these
assessment districts, as shown on the last equalized assessment roll for taxes, or as
known to the Clerk. The list is keyed to Exhibit C by assessment number.
. PART F--A diagram showing all of the parcels of real property within these assessment
districts .
-
(F:\HOME\ENOINEER\OPENSPAC\ENORYf. TA)
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. PART A
Plans and specifications for the improvement of Open Space Districts I through 9, 11, 14, 15,
17, 18,20,23,24,26 Bay Boulevard, Town Center, and Eastlake Maintenance District No.1
have been fIled separately with the Street Superintendent of the legislative body and are
incorporated in this Report by reference.
.
.
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RANCHO DEL REY OSD 20 - FY 1994/95
MODIFIED RESERVE WORKSHEET
-,
P&R BUDGET LESS 94/95
SAVING 94/95 RESERVE RES, AMORT GROSS BUDGET LESS NET
ALLOCATION BUDGET REQ'T % COSTS NEED RESERVE SAVINGS ASSM'T
ZONE 1 $917 ro $32,930 $33,847 $0 $3,566 $30,281
ZONE 2 $5,781 $3,111 54% $1,101 $9,993 $5,305 $3,932 $756
ZONE 3 $23,397 $10,848 46% $0 $34,245 $6,408 $3,970 $23,867
ZONE 4 $57,939 $28,926 50% $4,002 $90,867 $26,018 $16,541 $48,308
ZONE 5 $432,251 $299,599 69% $34,617 $766,467 $264,655 $168,037 $333,775 *
ZONE 6 $0 $0 $0 $0 $0 $0
ZONE 7 $15,277 $7,568 50% $0 $22,845 $2,424 $7,254 $13,167
TOTAL $535,562 $350,052 $72,650 $958,264 $304,810 $203,300 $450,154
SAVINGS DUE TO
LANDSCAPE ITEMS ONLY
,.-,
*per cc direction to hold assmt (4/5/94)
M:\HOME\ENGINEER\OPENSPAClRDRWORK. WQl
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Rancho del Rey Open Space District No. 20
Annualized Costs
Amount Accumulated
lor FJscal Ycars: FY 9...95
Zone Uon 90-91,91.92,92.93,93-94 Amount Work DescrluUon
1 Desilting Basin $108,588 $26,230 Desilting basin maintenance (every 5 yean)
$26,800 $6,700 Stabilization stuuctures maintenance (every 3 years)
2 Rice Canyon $3,492 $873 Staging Area - AC overlay and stripe (every 5 yeanO
$912 $228 Staging area maintenance (30 year period)
$24,504 $0 Miscellaneous
.
3 E. H street $0 $0
4 SPA 1 Phase 1 $16,008 $4,002 Monumentation replacement (30-yr period)
(Business Ctr.)
5 SPA 1, Phases 2-6 $154,508 $34,617 Theme wall & monument replacement (30-yr)
6 SPA 2 $0 $0
7 SPA 3 $0 $0
Total $334,812 $72,650
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COU~TY OF SA~ DIEGO, STATE OF CAUFOR!I;IA
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EASTLAKE MAINTENANCE
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EASTLAKE MAINTENANCE DISTRICT NO.1
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COUNTy Of SAN IlIEGO, IT ATE Of CAUFOllNIA ·
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ATTACHMENT C. SAMPLE CONTRACT
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-- THIS PAGE BLANK --
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~$": 71
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NOTICE TO BIDDERS
-'\
NOTICE IS HEREBY GIVEN THAT THE CITY OF CHULA VISTA WILL RECEIVE SEALED
BIDS FOR THE ITEMS LISTED BELOW. SPECIFICATIONS AND BIDDING
INSTRUCTIONS MAY BE OBTAINED FROM THE PURCHASING DIVISION, 316 FOURTH
AVENUE, SUITE P, CHULA VISTA, CALIFORNIA 91910, WHERE THE BIDS WILL BE
RECEIVED UNTIL MAY 21,1993. AT THE TIME SPECIFIED: 11:00 AM - Open Space
Districts 3, 4, & 8 Landscape Maintenance
JAMES V. ESPINOSA
PURCHASING AGENT
'-.
DATED: MAY 5.1993
-
.
.
.
PART C -- ASSESSMENT ROLL
Assessment Roll is on fIle in the office of the City Engineer.
PART D - METHOD OF APPORTIONMENT OF ASSESSMENT
The manner in which the City Engineer has apportioned the annual assessment to each parcel
in the Open Space Districts is consistent with the method of spread initially established by the
Assessment Engineer. Assessment Engineer for Bay Boulevard and Town Center Districts was
Patrick N. Rosetti. Assessment Engineer for Open Space District No. 20 was Willdan
Associates.
PART E -- PROPERTY OWNER'S LIST
The property owner's list is made a part of this report by reference and is fIled in the Office of
the City Treasurer.
PART F--ASSESSMENT DIAGRAM (Attached)
c:<.5 -35 /;.5 - 80
1%
\
ATTACHMENT B . OPEN SPACE DISTRICT MAPS
,-.,
,-.,
,-.,
.
..
.
BID NUMBER 10-92/93
CITY OF CHULA VISTA
NOTICE TO CONTRACTORS
LNVITATION Tp BID
NOTICE'IS HEREBY GIVEN THAT sealed bids will be received at the office of the
Purchasing Agent, 315 Fourth Avenue, Suite P, Chula Vista, California 91910, until 11:00
am on May 21, 1993, at which time they will be publiclv ooened and read for performing
work as follows:
LANDSCAPE MAINTENANCE OF OPEt;-l SPACE DISTRICT(S)
NUMBER 3, 4, & 8 FOR THE PERIOD
JULY 1, 1993 THROUGH JUNE 3D, 1994
The City of Chula Vista hereby notifies all bidders that it will affirmatively ensure that in any
contract entered into pursuant to this Notice, small and minority business enterprises will
be afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, sex or national origin in consideration
for an award.
No bid shall be received unless it is made on a Bid Form furnished by the City. Each bid
must be accompanied by cash, certified check, an amount equal to at least ten percent
(10%) of the amount bid, such Guaranty to be forfeited should the bidder to whom the
contract is awarded fail to enter into the contract. No bidder's Guaranty is required if the
bid amount is $50,000 or less,
Contractors are obliaated onlv to Dav minimum waae to Dersons emoloved bv them for
work under this contract.
BIDS WILL NOT BE ACCEPTED FROM BIDDERS WHO DO NOT ATTEND THE PRE- BID
CONFERENCE. THIS MEETING WILL BE HELD AT 8:30 AM. ON MAY 11, 1993, IN THE
PARKWAY COMMUNITY CENTER. EAST ROOM. AT 373 Fourth Avenue. Chula Vista, CA.
No bid will be accepted from a contractor who has not been licensed in accordance with
the provisions of Chapter 9. Division 3 of the Business and Professions Code.
District plats. bid forms, contract special provisions. and specifications may be examined
at the office of Parks and Recreation, City Hall. 276 Fourth Avenue. Chula Vista, California.
Copies of plans and specifications may be obtained at the office upon payment of $6.00.
.;;2. s: ;? /
&-.- ~. '" l-
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, \
BID NUMBER
10-92/93
.-.
Remit $9.00 if you wish to have the plans and specifications mailed to you. If payment
is to be made by check, it should be made payable to the "City of Chula Vista."
NO REFUNDS WILL BE MADE
The special attention of prospective bidders is called to Bid Requirements and conditions,
for instructions regarding bidding on following page.
The City Council reserves the right to reject any of all bids and to waive any irregularity
or informality in any bid to the extent permitted by law.
DATED: ~t;,' 5, 1993
"
PURCHASING AGENT
CITY OF CHULA VISTA
PARKS & RECREATION DEPT.
~
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.
.
.
BID NUMBER
10-92/93
BID REQUIREMENTS AND CONDITIONS.
EXAMINATION OF PLANS. SPECIFICATIONS. SPECIAL PROVISIONS, AND SITE OF
WORK:
The bidder is required to examine carefully the site and the bid form. plans. specifications,
and contract forms for the work contemplated, and it will be assumed that the bidder has
investigated and is satisfied as to the conditions to be encountered, as to the character.
quality, and quantities or work to be performed and materials to be furnished, and as to
the requirements of the specifications, the special provisions. and the contract. It is
mutually agreed that submission of a bid shall be considered prima facie evidence that
the bidder has made such an examination.
BID FORM:
All bids must be made upon forms furnished by the City.
The followi6g document must be completed and submitted with the bid:
1. Bid form
2. Disclosure statement
3. Bidder's Guaranty if bid amount exceeds $50,000.
After award of the contract, the successful bidder must complete the following additional
documents: .
1. Contract
2. Non-collision Affidavit
3. Liability Insurance
4. Guarantee (if required)
REJECTION OF PROPOSALS CONTAINING ALTERATIONS. ERASURES. OR
IRREGULARITIES
A licensed contractor shall not submit a bid unless his or her contractor's license number
appears clearly on the bid, the license expiration date is stated, and the bid contains a
statement that the representations made therein are made under penalty of perjury. Any
bid not containing this information. or a bid containing information Which is subsequently
proven false. shall be considered unresponsive and shall be rejected by the public
agency.
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BID NUMBER
10-92/93
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Proposals may be rejected if they show any alterations of form, additions not called for,
conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind.
In case of disparity in the proposal between the lump sum or unit bid price shown in
figures and words, the unit bid price or lump
sum amount as stated in words shall prevail and take precedence. The right is reserved
to reject any and all proposals. .
BIDDER'S GUARANTY:
The City Charter requires that all bids of more than fifty thousand dollars ($50,000) shall
be accompanied by cash, certified or cashier's check, or a bidder's bond executed by
a corporate surety authorized to engage in such bUSiness in California, made payable to
the City of Chula Vista.
All bids shall be presented under sealed cover and shall be accompanied by a Bidder's
Guaranty if the amount of the bid exceeds $50,000. The Bidder's Guaranty shall be for
an amount equal to at least ten percent (10%) of the amount of said bid, and no bid shall
be considered unless such Guaranty is enclosed therewith.
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The contractor is responsible for including a proper bid Guaranty whether or not the
amount of the total bid is correct. If it is found upon opening of the bid and checking the
bid items that a bid guaranty should have been included and was not (the correct grant
total bid amount exceeds $50,000), the bid shall be rejected. Also, if the amount of the
bid bond is less than that specified in the notice inviting bids or in the specifications
referred to therein, the bid shall be subject to rejection. Cause for rejection for insufficient
amount of bid Guaranty shall be left to the discretion of the City.
RETURN OF BIDDERS GUARANTY
Within ten (10) working days after the award of the contract, the City of Chula Vista will
return the cash or checks accompanying the proposals which are not to be considered
in making the award. All other proposal guarantees will be held until the contract has
been finally executed, after which the cash or checks will be returned. Bid bonds will be
returned upon request.
PUBLIC OPENING OF PROPOSALS
Sealed bids will be opened and read publicly in the Public Services Building, Conference
Room 2, 276 Fourth Avenue, Chura Vista, CA, at the time indicated in the Notice to
Contractors. Bidders or their authorized representatives are invited to be present._
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BID
To the Honorable Mayor and City Council of the City of Chula Vista.
The undersigned declares that he carefully examined the plans and specifications for:
LANDSCAPE MAINTENANCE OF OPEN SPACE DISTRICT(S)
NUMBER 3, FOR THE PERIOD
JULY 1,1993 THROUGH JUNE 30,1994
and that he has examined the location of the proposed work and has read the
accompanying instruction to bidders, and hereby proposes to furnish all materials, and
do all the work required to complete the said work in accordance with said plans,
specifications, and Special Provisions for the unit price or lump sum set forth in the
following schedule.
PROPOSALS WILL NOT BE ACCEPTED FROM BIDDERS WHO DO NOT ATTEND THE
PRE-BID CONFERENCE.
The contractor has THREE HUNDRED SIXTY-FIVE (365) Calendar days to complete the
project.
DISTRICT AREA DESCRIPTION PERIOD AREA TOTAL
NUMBER CODE PRICE PRICE
1YPE
3 1 Approx. .7 acres of slope 1 yr. $
maintenance on Olay Lakes
Road
3 1 Approx. .41 acres of slope 1 yr. $ .
maintenance on Allen School
Road
3 1 Approx. 3.9 acres of slope 1 yr. $
maintenance
3 3 Approx. 3.5 Icres of 1 yr. $
hydroseeded Irea
3 Approx. 20 Eucalyptus trees to 1 time $
be cleaned, topped, and shaped
It direction of Open Space
Coordinator (Unsupervised
trimming will not be paid for.)
Work to be performed during
the month of November
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DISTRICT AREA DESCRIPTION - PERIOD AREA TOTAL
NUMBER CODE PRICE PRICE
TYPE
TOTAL OSD 3 $
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. S\Jmmary of fertilization requirements for Open Space District 3 (excluding the 5th turf fertilization)
ANALYSIS
# BAGS
31-0-0
15-5-7 (shrubs, groundcover & trees)
15-5-7
34-3-7
22-3-9
60
150
This column for calculation purposes only, Total District Bid (above) Is to Include fertilizer costs.
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See attachment to Specifications for description'of various Open Space Maintenance
Areas,
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BID
To the Honorable Mayor and City Council of the City of Chula Vista.
The undersigned declares that he carefully examined the plans and specifications for:
LANDSCAPE MAINTENANCE OF OPEN SPACE DISTRICT(S)
NUMBER 4, FOR THE PERIOD
JULY 1,1993 THROUGH JUNE 30,1994
and that he has examined the location of the proposed work and has read the
accompanying instruction to bidders, and hereby proposes to furnish all materials, and
do all the work required to complete the said work in accordance with said plans,
specifications, and Special Provisions for the unit price or lump sum set forth in the
following schedule.
PROPOSALS WILL NOT BE ACCEPTED FROM BIDDERS WHO DO NOT ATTEND THE
PRE-BID CONFERENCE.
The contractor has THREE HUNDRED SIXTY-FIVE (365) Calendar days to complete the
project.
DISTRICT AREA DESCRIPTION PERIOD AREA TOTAL
NUMBER CODE PRICE PRICE
TYPE
Unit'
4 3 Approx. .92 acres of 1 yr. $
hydroseeded slope
4 4 Approx. 6.3 acres of controlled 1 yr. $ .
. natural open space
4 5 Approx. 23.3 acres of natural 1 yr. $
open space
Unit 2
4 3 Approx. 2.42 acres of slope 1 yr. $
maintenance
4 3 Natural open space 18.00 acres 1 yr. $
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DISTRICT AREA DESCRIPTION PERIOD AREA TOTAL
NUMBER CODE PRICE PRICE
TYPE
Unit 3
4 3 Approx. 2.65 acres of slope 1 yr. $
maintenance. Approx. .75 acres
of natural open space
4 2 Approx. .76 acres of lawn area 1 yr. $
with automatic irrigation (390 1/2
Camino Elevado & adjacent to
344 Greenwood Place
4 3 Approx. 1.25 acres of 1 yr. $
hydroseeded area
4 5 Approx. 14.58 acres of natural 1 yr. $
open space
TOTAL OSD 4 $ .
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Summary of fertilization requirements for Open Space District 4 (excluding the 6th turf fertilization)
ANALYSIS
# BAGS
3t-0-0
15-5-7 (shrubs. groundcover & trees)
, 15-5-7 (turf)
34-3-7
22.3-9
51
126
19
6
3
This column for calculation purposes only. Total District Bid (above) is to Include fertilizer costs.
*
See attachment to Specifications for description of various Open Space Maintenance
Areas.
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BID
To the Honorable Mayor and City Council of the City of Chula Vista.
The undersigned declares that he carefully examined the plans and specifications for:
LANDSCAPE MAINTENANCE OF OPEN SPACE DISTRICT(S)
NUMBER 8. FOR THE PERIOD
JULY 1, 1993 THROUGH JUNE 30. 1994
and that he has examined the location of the proposed work and has read the
accompanying instruction to bidders. and hereby proposes to furnish all materials, and
do all the work required to complete the said work in accordance with said plans,
specifications. and Special Provisions for the unit price or lump sum' set forth in the
following schedule.
PROPOSALS WILL NOT BE ACCEPTED FROM BIDDERS WHO DO NOT ATTEND THE
PRE-BID CONFERENCE.
The contractor has THREE HUNDRED SIXTY.FIVE (365) Calendar days to complete the
project.
DISTRICT AREA DESCRIPTION PERIOD AREA TOTAL
NUMBER CODE PRICE PRICE
TYPE
B 1 Approx. 2.02 acres of slope 1 year $
maintenance
e 4 Fertilize hillsides along Surrey 1 time $
Dr. & Rawhide C1. 15-5-74.79
ac. .
e 4 Approx. 4.79 acres of slope 1 year $
maintenance
e 3 Approx. 6.76 acres of slope 1 year $
maintenance
e 5 Approx. 39.50 acres of slope 1 year $
maintenance
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-DISTRICT AREA DESCRIPTION - PERIOD AREA TOTAL
NUMBER CODE PRICE PRICE
lYPE
8 Approx. 20 Eucalyptus trees to 1 time $
be cleaned, topped, and shaped
at direction of Open Space
Coordinator. (Unsupervised
trimming will not be paid for.)
Work to be performed during
the month of November.
TOTAL OSD B $
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Summary of fertilization requirements for Open Space District 8 (excluding the 6th turf fertilization)
ANALYSIS
# BAGS
62
181
31-0-0
15-5-7 (shrubs. groundcover & trees)
15-5-7 (tur1)
34-3-7
22-3-9
This column for calculation purposes only. Total District Bid (above) Is to Include fertilizer costs.
· See attachment to Specifications for description 'of various Open Space Maintenance
Areas.
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BID SUMMARY
OPEN SPACE DISTRICT 8
$
$
$
OPEN SPACE DISTRICT 3
OPEN SPACE DISTRICT 4
GRAND TOTAL OF THE ABOVE
$
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TENTP'TIVE SCHEDULE FOR MAINTENANCE
(SEE EXHIBIT "AM SCOPE OF SERVICES AND SCHEDULE)
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L;censed in accordance with an Act providir:oJ for the registration of Contractors, License No. _
; License Expiration Date Contractor's State License
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Classification.
REPRESENTATIONS EXPRESSED HEREIN ARE MADE UNDER PENALTY OF PERJURY
Signature of bidder:
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of
all individuals, co-partners composing the firm. If a corporation, also names of President,
Secretary, Treasurer and Manager thereof, and affix the Corporate Seal thereto.)
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Dated:
,19_
(Business Address)
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(Phone Number)
TAX IDENTIFICATION NUMBER
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DESIGNATION OF SUBCONT::lACTORS
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All bids received by the City from the contractor should include the name and the location of the
place of business of each subcontractor who will perform work or labor or render service to the
prime contractor in or about the construction of the work or improvement and shall otherwise
comply with the restrictions of Govemment Code Section 4100 et. seq. Specific attention should
be paid to Government Code Section 4104, Subsections A and B.
DIVISION OF WORK SUBCONTRACTOR & Amount of work by
ADDRESS Subcontractor In Dollars .
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PROPER NAME OF BIDDER:
TITLE:
BY:
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EXHIBIT 'A"
SCOPE OF SERVICES AND SC,riEDULE
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The CONTRACTOR shall accomplish all normal landscape maintenance required under this
contract sometime between the hours of 6:00 a,m, and 6:00 p,m., Monday through Friday, No
maintenance functions that generate excess noise which would cause annoyance to residents
of the area shall be commenced before 8:00 a.m" except In the case of a situation deemed
emergency in nature. The Contractor shall establish a schedule of work to be followed in the
pertormance of this contract. This schedule shall list days and approximate times the contractor
will be in each. district. A copy of this schedule shall be provided to the Director of Parks and
Reereation, and any proposed changes in scheduling shall be reported, in writing, to the Director
of Parks and Recreation immediately. The City may deduct a day's pay (bid price/12 (no, of
working days he is scheduled to work that month]) from the Contractor's monthly payment in
Instances where CONTRACTOR has failed to visit a site as outlined in his schedule of work,
Tentative schedule for each Ooen Soace Maintenance District shall be submitted with bid
oackaoe.
1.
PUBLIC CONVENIENCE:
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The CONTRACTOR shall conduct the work at all times in a manner which will not intertere with
normal pedestrian traffiC on adjacent sidewalks or vehicular traffic on adjacent streets.
2. NOTIFICATION
The CONTRACTOR shall provide wrinen notice listing exact starting dates of fertilization and ~
other infrequent operations, Such notice shall be furnished to the Director at least ten (10)
working days in advance of the starting date.
3. IRRIGATION GENERAL:
Irrigation shall be done by the use of manual and/or automated systems, where available and
operable; however, failure of the existino irrioation svstem to orovide full and orooer coveraoe
shall not relieve the Contractor of this resoonsibilitv. All areas not adequately covered by a
manual and/or automated sprinkler system shall be irrigated by a portable irrigation method. The
Contractor shall furnish all hoses, nozzles, sprinklers, etc" necessary to accomplish this
supplementary irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or
detrimental seepage into existing underground improvements or structures.
When negligence on the part of the CONTRACTOR results in excessive use or waste of Irrigation
water, the estimated cost of the water shall be deducted from the contract payment. Any
damages to public or private property resulting from excessive Irrigation or Irrigation water run-off
shall be charged against the contract payment unless the CONTRACTOR makes Immediate
repairs, to the satisfaction of the Director. .
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All irrigation controllers shall be turned off during periods of rain by ;he CONTRACTOR and
turned back on and reprogrammed at the completion of each rainy period.
The CONTRACTOR shall keep controller and valve boxes clear of soil and debris and maintain
the system, at no cost to the City, from the controller throughout the work site. This includes,
but is not limited to: the replacement, repair, adjustment, raise or lower, straighten and any other
operation required for the continued proper operation of the system.
The City will compensate the CONTRACTOR for materials involved in the repair to Irrigation
damaged by vandalism. theft. or disaooearance. Labor, equipment and other overhead expenses
are considered to be included in the contract amount bid to maintain the district. Upon receipt
of an approved invoice from the Contractor itemizing the materials involved, a purchase order
will be issued for that dollar amount. The City reserves the right to designate suppliers for these
repair materials.
A writ1en report shall be submit1ed by the CONTRACTOR .for all occurrences of vandalism, theft,
or mysterious damage or disappearance detailing the quantity, size and location no later than
5 working days after the occurrence. CONTRACTOR's failure to meet this requirement will result
in CONTRACTOR s resoonsibilitv for total reoair costs.
The CONTRACTOR shall periodically inspect the operation of the system for any malfunction.
This periodic inspection may occur more often, but not less frequently than one insoection each
week.
Any replacement must conform to the type and kind of existing system. Any deviation from the
existing type must be approved in writing by the Director.
The CONTRACTOR shall at the beginning of the maintenance period inspect the entire sprinkler
system with the City's representative to become familiar with the locations of valves, heads,
controllers. electric valves, meters and hose bibs.
Special anention shall be directed to the maintenance of sprinkler equipment. Risers shall be
adjusted by extension and location as plant material grows up and/or spreads ol,lt and adversely
affects per10rmance of the sprinklers. Any damage to or malfunction of the irrigation system shall
be promptly repaired by the contractor. At no time will systems be shut down for extended
periods. reoairs are to be made as discovered and reoorted.
The Director of Parks and Recreation will require a change in the irrigation schedule at any time
If it becomes necessary for water conservation,
4. WATER CONSERVATION
The CONTRACTOR shall abide by any and all water conservation programs currently In effect
by the water purveyor, and will be responsible for compliance to any emergency guidelines. rules
and regulations effected during water crises. Failure to observe, obey and comply to the
aforementioned will be the financial responsibility of the CONTRACTOR. For example, negligent
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QJ' untimely irrigation system maintenance producing water waste resulting in citati.::ns or fines
by the water purveyor will be the responsibility of the CONTRACTOR.
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Irrigation scheduling programs will be set by the Department of Parks and Recreation. . Any
changes in programming must be done with City approval.
5. HYDROSEEDED BANKS OR FESCUE SLOPES:
Hydroseeded banks or fescue slopes shall be irrigated Monday through Friday, to maintain
horticulturally acceptable growth and color, and to encourage deep rooting. Under normal
weather conditions, this irrigation will be equivalent to four inches of water per month. Fescue
color is expected to remain green and lush in coior and appearance. Additional fertilization may
be required throughout the contract year to maintain this green color.
e. IRRIGATING TREES AND SHRUBS:
Newly planted trees and shrubs shall receive adequate water to promote normal growth, but not
less than twelve (12) applications of water per year, provicling at least twelve (12) inches of water
penetration below the surface. .
7. PRUNING SHRUBS AND GROUND COVER PLANTS:
All shrubs and ground cover plants growing in the work area shall be pruned, as required, to
maintain plants in a healthy, growing condition. Dead or damaged limbs or branches shall be
removed immediatelv and all pruning cuts shall be made cleanly with sharp pruning tools, with """'\
no projections or stubs remaining. Any pruning cut which exceeds two inches in diameter shall
be sealed with an acceptable pruning paint. All pruning shall be accomplished in a manner
which will permit the plants to grow naturally in accordance with their normal growth
characteristics. Shearing or severe pruning of plants will not be permitted unless a situation
exists considered by the Director of Parks and Recreation to be hazardous.
B. FERTILIZATION: SCHEDULE. GUARANTEED ANALYSIS. RATE OF APPLICATION
PACKING AND GENERAL PROVISION:
Fertilization of all young trees (3" caliber and smaller). shrubs and ground cover plants, including
plantings on hydroseeded banks, within designated work area shall be accomplished four (4)
times per year with an approved commercial grade fertilizer adhering to the following:
Auoust 1 -1 5:
Analvsis:
Total Nitrogen (N)
26.3% Water Insoluble Nitrogen
4.7% Water Soluble Nitrogen
Available Phosphoric Acid (P205)
Soluble Potash (K2)
31.0%
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. Rate of Application:
2.5 pounds of actual nitrogen per 1,000 square feet.
Packaaino:
40 ppund multi-wall paper bags, polyethylene-lined for moisture resislance.
Oclober 1-15 March 1-15 and Mav 1-15:
Analvsis:
Tolal Nilrogen (Ammoniac Nilrogen)
Available Phosphoric Acid (derived from Ammonium Phosphale)
Waler Soluble Polash (derived from Muriale of POlash)
Combined Sulfur (expressed as elemental-derived from Sulfides & Sulfates)
Iron (expressed as elemenlal-derived from Sulfides and Sulfales)
Fertilizer pellets 10 be coaled by waler-soluble, heal resislant,
biodegradable long-chain hydro-carbons,'
15,0%
5,0%
7.0%
17.0%
1.4%
Rate of Application
1,0 pounds of aclual nilrogen per 1,000 square feet
Pa::ka:Jina:
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50 pounds multi-wall paper bags, polyethylene-lined for moislure resislance,
Fertilization of all lawn areas within Ihe designated work area shall be accomplished six (6) times
per year with approved commercial grade fertilizers having the following guaranleed analysis:
Auoust 1-'5. October 1-15 and March '-15:
Analvs;s: .
Tolal Nitrogen (Ammoniac Nitrogen) 15,0%
Available Phosphoric Acid (derived from Ammonium Phosphale) 5,0%
Water Soluble Polash (derived from Muriale of POlash) 7.0%
Combined Sulfur (expressed as elemental-derived from Sulfides & Sulfates) 17.0%
Iron (expressed as elemenlal-derived from Sulfides and Sulfales) . 1.4%
Fertilizer pellels to be coaled by waler-soluble, heat resislant, biodegradable
long-chain hydro-carbons
Rale of Aoolicalion:
1,0 pounds of actual nitrogen per 1,000 sq, fI, for August and March, 1.5 pounds of aclual
nilrogen per 1,000 square feel for Oclober
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Packaoino:
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50 pounds multi-wall paper bags, polyethylene-lined for moisture resistance.
Mal' 15-30:
Analvsis:
Rate of Application:
Total Nitrogen (N)
1 .0% Ammoniacal Nitrogen
7.0% Coated Slow-Release Urea Nitrogen
26.0% Water Soluble Organic Nitrogen
Available Phosphoric Acid (P205)
Soluble Potash (K20)
Sulfur (5)
34.0%
3.0%
7.0%
3.0%
3.0 pound of actual nitrogen per 1,000 square feet.
Packaoino:
50 pounds multi-wall paper bags. polyethylene-lined for moisture resistance.
January 1-15:
Anall'sis:
Rate of A==lica~ion:
Total Nitrogen (N)
14.0% Ammoniacal Nitrogen
8.0% Nitrate Nitrogen
Available Phosphoric Acid
Soluble Potash
Sulfur
Iron
Zinc
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22.0%
3.0%
9.0%
10.0%
1.5%
0.2%
1.0 pound of actual nitrogen per 1,000 square feet.
Packaoino:
50 pounds multi-wall paper bags, polyethylene-lined for moisture resistance.
The' sixth fertilization shall consist of one pound of ACTUAL nitrogen per' ,000 square feet. This
application shall be made when directed by the Park Superintendent or his representative.
The fertilizers shall be brought to the site in the original unopened containers bearing the
manufacturer's guaranteed analysis. Damaged packages cannot be accepted. The
CONTRACTOR shall furnish the Director of Parks and Recreation or a designated representative,
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with duplicate signed, legible copies of all certificates and invoices for all fertilizer to be used in
this contract. The invoices must state the grade, amount and quantity received. Both the coov
to be retained bv the City and the CONTRACTOR's coov must be siened bv the Park
Suoerintendent or his reoresentative on site before anv material mav be used. The
CONTRACTOR may not begin the actual application until the obligations In Section 2 have been
met. In addition, the CONTRACTOR shall submit as part of his written notice a schedule showing
the site, date and approximate time of application of the fertilizer,
Adequate irrigation will immediately follow the application of fertilizer to force the fertilizer material
to rest directly on the soil surface (note section 4). Care shall be taken to ensure the fertilizer
does not become caught in the plant foliage above the soil line and te avoid excessive watering
resulting in the migration of fertilizing materials or soil.
9. LAWN MAINTENANCE
Mowing shall be performed so that no more than one-third (1/3) of the grass blade is removed
during each mowing in returning the grass to the acceptec height, for the species of grass being
mowed. Inclement weather may preclude adherence to the frequency schedule. The Contractor
may request alteration of this mowing frequency from the Director for reasons of rain or
prolonged cold.
The following mowing schedule shall apply:
MOWING FREOUENCY
MOWING FREOUENCY
3/1 thru 11/30
1 time each week
12/1 thru 2/28
1 time every 2 weeks
To all (Code two) lawn areas listed in the bid portion of the contract document.
All turf shall be edged adjacent to all improved surfaces; or where no improved surface exists,
turf edges shall be maintained if the turf area abuts a shrub bed, property line or to maintain a
turf delineation.
Lawn areas shall be aerified a minimum of two times each year and will be scheduled to occur
as follows: All lawn areas - April 15-30
All lawn areas - August 15-30
Under adverse conditions or as a result of high use where turf is suffering from compaction,
aerification may be necessary at more frequent Intervals, Aeration thall be done with a
power-driven or tractor-pulled aerifier using a 1/Z' coring tine.
In performing periodic operations as required herein. routine grounds maintenance services at
the same work site such as, but not limited to, litter control, weed control and irrigation shall
continue without interruption.
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10. TREE MAINTENANCE:
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All trees shall be maintained in their natural shapes. The CONTRACTOR shall continuously
remove "hanger" limbs and other obvious safety hazards, as required. Trees lost from causes
other than CONTRACTOR'S negligence shall be removed and replaced by the CONTRACTOR
with a fifteen (15) gallon size tree at the City's expense. The Park Superintendent may specify
a species of tree for replacement different from the one lost. Any tree leaning or showing signs
of root heavings shall be brought to the attention of the Dire~or of Parks and Recreation. If, in
the judgment of the Director of Parks and Recreation, the tree must be removed, then the
CONTRACTOR shall, at his expense remove said tree by flush-cutting. Undesirable growth from
the remaining stump shall be controlled by an approved method. Stump grinding shall not be
required.
Young trees needing training and shaping and trees sucl,ering shall be trimmed and/or suckered
on a continuing basis as needed. .
Low overhanging branches shall be removed to a height:of eleven (11) feet above street grade,
and to a height of thirteen (13) feet above street grade on select major streets. Low branches
overhanging sidewalks and parkways shall be removed to a height of nine (9) feet above grade.
11. LOW FLOW AND BROW CHANNEL MAINTENANCE:
During the month of October, the CONTRACTOR shall clean all soil and debris from the channels
and cut all the overhanging plant materials back to a minimum 12" height. All plant materials ~
shall be removed from the Jobsite. During the year, removal of woody plant materials growing
in the cracks or edges of the channel shall be removed to prevent damage to the concrete. Also,
any loose materials, other than soil, shall be removed during the contract year. Following the
rainy season, removal of accumulated sedimentation will be required.
12. REMOVAL OF DEBRIS:
Promptly after the pruning, trimming, weeding. edging and other work required under this
contract, the CONTRACTOR shall remove all debris generated by his/her performance of the
work. Immediately after working in the areas of public walks, driveways or paved areas, they
shall be cleaned with suitable equipment. All areas covered by this contract will be kept free of,
but not limited to, the following: bottles, cans, paper, cardboard, or metallic items. Removal of
common debris, including emptying of waste receptacles shall be performed on a continuing
basis with a minimum of once a week pick-up. Areas containing walkways, or asphaltic concrete,
stamped or textured concrete and/or concrete shall be swept as needed to maintain such
walkways in an attractive manner.
13. WEED CONTROL:
All landscape areas within the specified maintenance area shall be continuously kept free of
weeds at all times. This means: complete removal of all weed growth shall be accomplished
on a continuinc basis as weeds appear, and not just once each 30 days. Weeds shall be
controlled by hand, mechanical, or chemical methods. All noxious plant materials such as, but
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.
f10tlimited to. poison oak and poison Ivy. shall be removed immediately by hand. All pathways.
sidewalks. curbs. and gutters. shall be kept free of weeds by use of contact weed control
chemicals. Weeds and plant materials removed shall be disposed of by the Contractor off-site
in a manner consistent with Federal and State and Local rules and regulations.
14. DISEASE AND PEST CONTROL:
The CONTRACTOR shall regularly inspect all plants for presence of disease or insect infestation.
The CONTRACTOR shall advise the Director of Parks and Recreation or his representative If
disease or insect infestation is found on any plant, identifying th~ disease or infestation and
specifying control measures to be taken, this includes vertebrate pest control. Upon approval
of the Director of Parks and Recreation or his representative, the CONTRACTOR shall implement
the approved control measures exercising extreme caution in the application of spray material,
dusts or other materials utilized. The CONTRACTOR shall utilize all safeguards necessary during
disease, insect or pest control operations to ensure safety of the public and the employees 01
the CONTRACTOR. Care shall be taken that no puddles or pools of water which contain
chemical residue remain after completion of applications of any harmful chemicals. Also, no
permanent sterilant chemicals shall be used. No chemicals shall stain or cause to stain any
concrete. brick, boulders, rocks, pavement, controllers or landscape plant material, or cause
damage to same. As previously noted, the contractor shall hold the City harmless for any
damage and will repair or replace, as applicable, any damage caused by the use of chemicals
at no cost to the City.
15. REPLACEMENT OF PLANT MATERIALS:
The CONTRACTOR shall replace any tree, shrub or ground cover plant which Is damaged or lost
as a result 01 faulty maintenance at no cost to the City. The Park Superintendent shall determine
neglect. Any plant damaged or lost through vandalism shall be replaced at City expense. Cost
for replacement 01 plants and trees lost through vandalism shall be a negotiable change in work
item.
In order to ensure maximum healthy growth and overall aesthetic appearance of plantings In the
work area, it may be desirable to replace certain plants. The necessity or desirability of such
plant replacement shall be determined by the Director of Parks and Recreation or his
representative. The CONTRACTOR will be responsible for the maintenance ofthe replacement
plants at no extra cost to the City. The City is responsible for the cost of replacing the plants.
16. BRUSH CLEARANCE
Where determined by the Fire Marshal to be an extreme fire hazard, the Director shall require that
flammable vegetation be cleared as directed from around structures by the CONTRACTOR the
maximum of one time per year. Cleared material shall be disposed of from the site area.
17. ENVIRONMENTAL REGULATIONS
On March 25, 1993, the United States Department of the Interior listed the Califomia Gnatcatcher
as a "threatened species" thereby requiring Federal protection of the songbird under the
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provisions of the Endangered Species Act of 1973 and all amendments thereto. The Act
prohibits anyone from "taking" a Gnatcatcher, which includes killing, harming or harassing the
species, or destruction of its habitat. Secretary of the Interior Babbitt has proposed special rules
(Section 4 (d) of the act) which are intended to allow the US Fish and Wildlife Service to define
conditions associated with certain land use activities under which the take of the Gnatcatcher or
its habitats would not be a violation of the act. Therefore, pending the findings and rulings of
the US Fish & Wildlife Service, the Department of the Interior, The Resources Agency of
California, the California Department of Fish & Game, and the Natural Community Conservation
Planning (NCCP), any areas specified in this contract which may be precluded from maintenance
or otherwise downwardly adjusted will be subject to an appropriate downward adjustment (as
determined by the Director of Parks and Recreation) in compensation proportionate to the
downward adjustments in area or. scope of services. This applies to any and all future
environmental rulings and regulations which affect areas specifically stated or listed in this
contract. All portions of Section XIV of the agreement apply.
-,
1 B. Security for Performance
()
()
()
()
Performance Bond, $ Eql./al to 15% of yearly bid price.
Letter of Credit, $
Other Security:
Type:
AmountS
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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AREA IOO\TIFlCATIo."\
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Areas CODt:W11ng pel1IIIlIe:lt irrigation systens .
pla.nted in c:rowxI CO\"'eJ". s!:aubs IIZId ~s ..;. . .
shall be kept weed :rree as required by City
Parks and RecreatiCT.I Dire<:'tor. I'eed.s are
considered as plL"lt JlllLteriaJs and grasses
not consisteIlt with "'fthHcm-j pLlmtizlg.
An~' lIrea not .full~' covered nth pl:u:mel;! grcuocI
covers are to bc replanted aDd cram to fully
tcvcr area during the nonnal gJ"OIIi::g ...... .
Weeding shall be as necessary to c:reate a
ftll manicured appearance. All prorisi= in
Section 2 apply to this area.
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all'll ar~a lIith ~tCJllatic irrigr.tion sYstECS.
t:eeding shall be as necessary to create a well
=icured appe:u-...nce. All prcr,oisiollS of Sel::t:icl:
2 apply to this lIrea.
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Areas containing penna."lent irrigation ~'Stens
initially planted with h)'clroseed mix and shrubs
and trees, shall be kept "''eed free as required
by Parks ar.d Re--...rea.tion Director. Weeds are ,_
considered ph%lts (wild flowers and grasses)
not consiste::t with oril:inal hyclroseed 1Ilix. '!be
intent is to maintain healthy vegetation for .
hill boldiJ:g. Provisions ot Section 2-10
apply to trees and shrubs in this area I:7.1t not
to byclrcseeded section. , . .
Areas colJtajz;1:lg permanent or tenporary 1rr1pti..
srsteIlS in 113.~ open space lands and Slopes
with :iJ:dige:lous pllult gI'Owtp. Weed abata:IeDt in
these areas as directed by Parks a.nd Recreation
Director not to cceed 2 t:imes per year. lIIly
collS1st of cutting back to 6" high. Proris1Ol1S.
. of Section 2-10 do not apply to this ~.
'1\\'0 t:lmes per year. areas of non-irrigated open
space shall be cleaned of debris including but
not limited to tbe follOll'ing: bottles, cans,
paper. cardboard or metallic 1 teras a.nd noxicus
plant materials such as tun~leweecls. Provisions
of Section 2-10 do not apply to this area.
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AGREEMENT BETWEEN THE
cm OF CHULA VISTA AND
FOR
LANDSCAPE MAINTENANCE
THIS AGREEMENT is made and entered into this first day of~, 1993. by and between the cm
OF CHULA VISTA, a municipal corporation. hereinafter designated as .CITY", and [insert
CONTRACTOR'S legal name) hereinafter designated as .CONTRACTOR."
RECITALS
WHEREAS. CITY desired and advertised for bids to obtain landscape maintenance services from
an independent contractor for Landscape Maintenance of Open Space and Maintenance Districts.
WHEREAS, CONTRACTOR has submitled the lowest responsible bid to provide landscape
maintenance services for the cm in accordance with the terms set forth in this Agreement.
WHEREAS. CITY desires to contract with CONTRACTOR as an independent contractor and
CONTRACTOR desires to provide services to cm as an independent contractor.
WHEREAS, CONTRACTOR has demonstrated its competence and qualifications necessary for
the satisfactory perlormance of the services designated herein by virtue of its experience. training,
education, and expertise.
NOW THEREFORE, THE PARTIES MUTUALLY AGREE AS F01.1.0WS:
I. CONTRACTORS DUTIES
A. General Duties
Complete landscape maintenance of all contract areas to include, when applicable: Irrigation,
pruning, shaping and training of trees, shrubs and ground cover plants; fertilization, weed control
of all plant diseases and pests; mowing; maintenance and repairs of fences; pathways and trails;
irrigation and drainage systems of open space areas and all other maintenance required to
maintain the areas of concern in a safe. attractive and usable condition.
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B.
Cooperation.
.""",
Work closely with the Director of Parks and Recreation in performing work in accordance with
this Agreement in order to receive clarification as to the result which the CITY expects to be
accomplished by CONTRACTOR. The Director of Parks and Recreation, under the authority of
the City Manager, shall be the CITY's authorized representative in the Interpretation and
enforcement of all work performed in connection with this Agreement. The Director of Parks and
Recreation may delegate authority in connection with this Agreement to the Park Superintendent.
For the purposes of directing the CONTRACTOR's performance in accordance with the
Agreement, authority is delegated to, Open Space Coordinator.
C.
Areas to be Maintained.
The attached plat (Exhibit "B" ) shows areas to be maintained in Open Space & Maintenance
Districts.
D.
Scope of Work and Schedule.
CONTRACTOR shall perform the duties and deliver the work product set forth in the scope of
work and schedule, attached hereto as Exhibit "A", not inconsistent with the General Duties,
according and within the time frames therein established (time being of the essence of this
agreement)..-"
II.
DUTIES OF THE CITY
A
Inspection By City:
The City shall provide continuing inspection of the work area to ensure adequacy of maintenance
and that methods of performing the work are in compliance with the contract. Discrepancies and
deficiencies in the work shall be corrected by the CONTRACTOR immediately.
Maintenance services performed by the CONTRACTOR shall be performed to the satisfaction of
City, Director of Parks and Recreation, or his designated representative.
B. Method of Payment Monthly Reports:
The CONTRACTOR will be paid monthly, in arrears, for work performed satisfactorily under this
contract. By the fifth day of each month, the CONTRACTOR shall submit a detailed report of
maintenance performed and materials used, areas and/or units affected and staffhours expended
in the prior month, The monthly report shall also include a statement of all applications of
herbicides, rOdenticides, and pesticides detailing the chemical used, quantity, rate of application,
area in which used and the purpose of the application. This report shall be accompanied by a
billing in accordance with the contract price for the work performed set forth in exhibit "A" and
shall become the basis for payment. Monthly payments will be one twelfth (1/12) of the yearly
contract amount.
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c.
Payments Withheld:
The City may withhold or permanently retain payments to such extent as may be necessary to
protect the City from loss due to:
1. Work required in the specifications which is defective, incomplete or not
performed.
2. Claims filed or reasonable evidence indicating probable filing of claims.
3. Failure of the CONTRACTOR to make proper payments 10 subcontractors for
materials or labor.
4. A reasonable doubt that the contract can be completed for the unpaid balance.
D. Failure to Perform Satisfactorily:
It is agreed and understood that in the short run if the CONTRACTOR fails to perform the work
as specified herein, the Park Superintendent: (1) will pay only for the amount of service received
as determined by the Park Superintendent with an appropriate downward adjustment in contract
price, or (2) may have such required work done by City Forces or otherwise, and charge the cost
thereof to the Contractor. Those discrepancies and deficiencies in the work that remain
uncorrected may be the necessary justification for the billing adjustment in the month following
the occurrence. Billing adjustments for this unsatisfactory service shall be permanent retention
of 100% of the estimated monthly cost for work that is incomplete or deficient as stated herein.
III. EMERGENCY CALLS:
The CONTRACTOR shall have the capability to receive and to respond immediately to calls of
an emergency nature during normal working hours and during hours outside of normal working
hours. Calls of an emergency nature received by the Park Superintendent shall be referred to
the CONTRACTOR for immediate disposition.
IV PERSONNEL:
The CONTRACTOR shall furnish sufficient supervisory and working personnel capable of
promptly accomplishing on schedule and to the satisfaction of the Director, all work required
under this contract during the regular and prescribed hours.
All such personnel shall be physically able to do their assigned work. The CONTRACTOR and
his employees shall conduct themselves in a proper and efficient manner at all times and shall
cause the least possible annoyance to the public. They shall be fully clothed In suitable uniform
attire with a company identifying marker (personnel fully clothed and wearing a safety vest with
the company identification on the back will be considered suitable uniform attir.). Th. Director
shall require the CONTRACTOR to remove from the works!te any employ.e(s) d.emed careless,
incompetent, or otherwise objectionable; whose continued employment on the job Is considered
to be contrary to the best interest of the City of Chula Vista. .
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'the CONTRACTOR shall have competent supervisors, who may be working supervisors. on the ~
job at all times work is being performed, who are capable of discussing in English with the
Director matters pertaining to this contract. Supervisors must have a minimum of three years of
actual field experience and must be able to demonstrate to the satisfaction of the Director that
they possess adequate technical background. Adequate and competent supervision shall be
provided for all work done by the CONTRACTOR's employees to ensure accomplishment of high
quality work which will be acceptable to the Director. In addition. I non-working supervisor shall
inspect all areas under the contract a minimum of one per month with the Director or his
designated representative.
V. TERM:
A. CONTRACTOR shall perform all the services herein required from July 1, 1993, through June
30. 1994, and shall abide by and comply with any interim time and milestone dates set forth in
Exhibit "A".
B. The City may elect to exercise options to renew the contract for three (3) additional one (1)
year periods: (1) July I. 1994 through June 30.1995 .
(2) July 1, 1995 through June 30. 1996
(3) July I. 1996 through June 30. 1997
C. Price Adjustment Clause: Price will be firm for the first contract year. However, if it is
determined that the San Diego area Consumer Price Index for Urban Wages Earners and Clerical
Workers has changed for the option years, the Contractor, after: (1) giving notice of such
change; (2) furnishing the City with copies of the change (from January I of the previous year to _,
January 1 of the current contract year); and (3) allowing the City to cancel contract if it elects to
do so, may. adjust the price quoted to the city by an amount not to exceed the percentage
variant in the Consumer Price Index during the previous 12 months. The above steps must be
taken before 6Qrl!J of the contract year.
VI. INDEPENDENT CONTRACTOR
CONTRACTOR's relationship to the CITY shall be that of an Independent contractor.
CONTRACTOR shall have no authority, express or implied, to act on behalf of the CITY as an
agent. or to bind the CITY to any obligation whatsoever, unless specifically authorized in writing
by the Director of Parks and Recreation. CONTRACTOR shall be solely responsible for the
performance of any of its employees. agents or subcontractors under this Agreement.
CONTRACTOR shall report to the CITY any and all employees, agents, arid consultants
performing work, in connection with this project, and all shall be subject to the approval of the
CITY.
VII. CITY BUSINESS LICENSE
Prior to the commencement of any work under this Agreement. the CONTRACTOR shall obtain
and present a copy to the Director of Parks and Recreation of either a City of Chula Vista
Business Ucense, or a written verification from the City Business Ucense Division that a City
Business License is not required for this Agreement.
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VIII. WORKERS' COMPENSATION
Pursuant to Labor Code Section 1661, the CONTRACTOR hereby certifies that the CONTRACTOR
is aware of the provisions of Section 3700 of the Labor Code which require every employer to
be insured against liability for Workers' Compensation or to undertake lelf-Insurance in
accordance with the provisions of that Code, and the CONTRACTOR will comply with such
provisions, and provide certification of such compliance as a part of these Award Documents.
The certification shllll be in accordance with subsection rv parts C and D of this Agreement.
IX. LIABILITY INSURANCE
A. CONTRACTOR shall, throughout the duration of this Agreement maintain comprehensive
general liability and property damage insurance, or commercial general Dability insurance,
covering all operations of CONTRACTOR, its agents and employees, performed in connection
with this Agreement including but not limited to premises and automobile.
B. CONTRACTOR shall maintain the following minim.um limits:
General Liability
Combined Single Limit Per Occurrence
General Aggregate
Automobile Liability
Combined Single Limit Per Occurrence
$1,000,000
$1,500,000
$1,000,000
C. All insurance companies affording coverage to the CONTRACTOR shall be required to
add the City of Chula Vista as "additional insured" under the Insurance policy for all work
performed in accordance with this Agreement. All insurance companies policies shall be issued
by a carrier that has Best's rating of "6+; Class VII", or better, or shall meet with the approval of
City's risk manager. All insurance companies affording coverage shall provide thirty (30) day
written notice to the City of Chula Vista should the policy be canceled before the expiration date.
For the purposes of this notice requirement, any material change in the policy prior to the
expiration shall be considered a cancellation.
D. CONTRACTOR shall provide evidence of compliance with the insurance requirements listed
above by providing a certificate of insurance, and policy enforcement which name the City of
Chula Vista as additional insured and policy endorsement which names the City of Chula Vista
as additional insured concurrently with the submittal of this Agreement. CONTRACTOR shall
provide a substitute certificate of insurance no later than thirty (30) days prior to the policy
expiration date. Failure by the CONTRACTOR to provide IUch a lubstitution and extend the
policy expiration date shall be considered a default by CONTRACTOR and may subject the
CONTRACTOR to a suspension or termination of work under the Agreement. Maintenance of
insurance by the CONTRACTOR as specified in this Agreement Ihall in no way be Interpreted
as relieving the CONTRACTOR of any responsibility whatever and the CONTRACTOR may carry,
at its own expense, such additional insurance as it deems necessary.
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X.
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CONTRACTOR'S INDEMNIFICATION OF CITY
.-,
CONTRACTOR shall indemnify and hold harmless the CITY and its officer, agents and employees
against all claims for damages to persons or property arising out of the conduct of the
CONTRACTOR or its employees, agents, 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, agents or employees.
CONTRACTOR'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, CONTRACTOR at Its own expense shall,
upon written request by the CITY, defend any such suit or action I?rought against the CITY, its
officers, agents or employees.
Contractor's indemnification of CITY shall not be limited by any prior or subsequent declaration
by the CONTRACTOR.
XI. TERMINATION OF CONTRACT FOR CAUSE
In the event the Contractor consistently fails to meet the specifications of this contract, the City
may at its option terminate the balance of the contract provided that the CONTRACTOR has had
written notice of his failure Notice of such termination shall be in writing and shall take effect
fifteen (15) days after mailing such notice.
XII. TERMINATION FOR CONVENIENCE OF CITY
--
City may terminate this Agreement at any time and for any reason for giving specific written
notice to CONTRACTOR of such termination and specifying the effective date thereof, at lease
thirty (30) days before the effective date of such termination. If the Agreement is terminated by
City as provided in this paragraph, CONTRACTOR shall be entitled to receive just and equitable
compensation for any satisfactory work completed. CONTRACTOR hereby expressly waives any
and all claims for damages or compensation arising under this Agreement except as set forth
herein. .
XIII. ENTIRE AGREEMENT
This Agreement comprises the entire integrated understanding between CITY and CONTRACTOR
concerning the work to be performed for this project and supersedes all prior negotiations,
representations, or agreements.
XIV. INTER~RETATION OF THE AGREEMENT
The interpretation, validity and enforcement of the Agreement shall be governed by and
construed under the laws of the State of California. The Agreement does not limit any other
rights or remedies available to CITY,
The CONTRACTOR shall be responsible for complying with any Loeal, State, and Federal laws
whether or not said laws are expressly stated or referred to herein.
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Should any provision herein be found or deemed to be invalid, the Agreement shall be construed
as not containing such provision, and all other provisions which are otherwise lawful shall remain
in full force and effect. and to this end the provisions of this Agreement are severable.
XV. 'AGREEMENT MODIFICATION
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This Agreement may not be modified orally or in any manner other than by an agreement in
writing signed by the parties hereto.
XVI. ATTORNEY'S FEES
In the event any legal action or proceeding is commenced to interpret or enforce the terms of,
or obligations arising out of, this Agreement, or to recover damages for the breach thereof, the
party prevailing in any such action or proceeding shall be entitled to recover from the
non-prevailing party all reasonable attorney's fees. costs and expenses incurred by the prevailing
party.
XVII. NOTICES
All notices. demands. requests. consents or other communications which this Agreement
contemplates or authorizes. or requires or permits either party to give to the other, shall be in
writing and shall be personally delivered or mailed to the respective party as follows:
To CITY:
To CONTRACTOR:
Parks and Recreation Department
Director of Parks & Recreation
276 Fourth Avenue
Chula Vista. CA 91910
Either party may change its address by notice to the other party as provided herein.
Communications shall be deemed to have been given and received on the first to occur of (i)
ectual receipt at the offices of the party to whom the communicetion is to be sent; as designated
above. or (ii) three working days following the deposit in the United States Mail of registered or
certified mi!i1, postage prepaid, return receipt requested, addressed to the offices of the party to
whom the communication is to be sent. as designated above.
XVIII. ADMINISTRATIVE CLAIMS REOUIREMENT AND PROCEDURE.
No suit or arbitration shall be brought arising out of this agreement, egalnst the City unless a
claim has first been presented in writing and filed With the City of Chura Vista and ected upon
by the City of Chula Vista in accordance with the procedures aet 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, end auch policies end procedures
used by the City in the implementation of same.
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Should any provision herein be found or deemed to be invalid, the Agreement shall be construed .......,
as not containing such provision, and all other provisions which are otherwise lawful shall remain
in full force and effect, and to this end the provisions of this Agreement are severable.
XV. AGREEMENT MODIFICATION
This Agreement may not be modified orally or in any manner other than by an agreement in
writing signed by the parties h9reto.
XVI. ATTORNEY'S FEES
In the event any legal action or proceeding is commenced to interpret or enforce the terms of,
er obligations arising out of, this Agreement, or to recover damages for the breach thereof, the
party prevailing in any such action or proceeding shall be entitled to recover from the
non-prevailing party all reasonable attorney's fees, costs and expenses incurred by the prevailing
party.
XVII. NOTICES
All notices, demands, requests, consents or other communications which this Agreement
contemplates or authorizes, or requires or permits either party to give to the other, shall be in
writing and shall be personally delivered or mailed to the respective party as follows:
To CITY:
To CONTRACTOR:
......,
Parks and Recreation Department
Director of Parks & Recreation
276 Fourth Avenue
Chula Vista, CA 91910
Either party may change its address by notice to the ether party as provided herein.
Communications shall be deemed to have been given and received on the first to occur of (i)
actual receipt at the offices of the party to whom the communication is to be sent, as designated
above, or (ii) three working days following the deposit in the United States Mail of registered or
certified mail, postage prepaid, return receipt requested, addressed to the offices of the party to
whom the communication is to be sent, as designated above.
XVIII. ADMINISTRATIVE CLAIMS REQUIREMENT AND PROCEDURE.
No su~ or arb~ration 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 of Chula Vista and acted upon
by the City of Chura Vista in accordance ~h the procedures set forth in Chapter 1.34 of the
Chura Vista Municipal Code, as same may from tima 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. .
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XIX, SECURITY FOR PERFORMANCE
Performance Bond
In the event thai Exhibil A, al Paragraph 19, indicales the need for contractor to provide
a performance bond (indicated by a check mark in the parenthetical ,pace) immediately
preceding the subparagraph enlitled, 'Performance Bond"), then Contractor 'hall provide to the
Cily a performance bond by a surely and in a form and amount satisfactory to the Risk Manager
or Cily Attorney which amount is indicaled in the space adjacenl to the term, .Performance
Bond", in said Paragraph 18, Exhibil A,
Letter of Credit
In the event that Exhibit A. at Paragraph 19, indicates the need for Consultant to provide
e Letter of Credit (indicated by a check mark in the parenthetical space Immediately preceding
the subparagraph enlitled "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, staling that the Consultant is 1'1 breach ofthe terms
of this Agreemenl. The letter of credit shall be issued by a bank, and be in a form and amount
satisfaclory to the Risk Manager or City Attorney which amount is indicated in the space adjacent
to the term, "Letter of Credil", in said Paragraph 19, Exhibit A.
Other Security
In the event that Exhibit A, al Paragraph 19, indicates the need for Contractor to provide
securily olher than a Performance bond or a Letter of Credil (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled .Other Security"), then
Conlractor shall provide to the Cily such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
XX. SIGNATURES
The individuals execuling Ihis Agreement represenl and warrant that they have the right, power,
legal capacily and authorily to enler inlo and to execute this Agreement on. behalf of the
respective legal enlilies of the CONTRACTOR and the CITY.
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Signature Page
to
Agreement between City of Chula Vista and [Name of Contractor]
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IN WITNESS WHEREOF the parties hereto for themselves, their heirs,executors,
administrators. successors. and assigns do hereby agree to the full performance of the
covenants herein contained and have caused this Professional Services Agreement to be
executed by the setting hereunto their signatures this _ day of , 19_
Dated:
City of Chura Vista
by:
City Manager
Attest:
Beverly Authelet, City Clerk
Approved as to form:
~.
Bruce M. Boogaard, City Attorney
Dated:
[Name of Contractor]
By:
[name of person, title]
By:
[name of person, title]
Federal Employer 1.0. No.
Notary acknowledgements of CONTRACTOR must be attached.
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INFORMATIONAL ITEM
May 24, 1994
OS-DOl
To: Honorable Mayor and City Council
via:
oor)
John D. Goss, City Manager
From:
John Lippitt, Director of Public
Subject: REPORT - ANNUAL ASSESSMENT MEETINGS WITH THE HOMEOWNERS
OF OPEN SPACE AND LANDSCAPE MAINTENANCE DISTRICTS
Staff from the Parks and Recreation and Public Works Departments
conducted meetings on April 28 and 30, 1994 with the homeowners of
the Open Space and Landscape Maintenance Districts pursuant to
Council's direction to discuss the proposed assessments for the
upcoming fiscal year, and to provide an opportunity for homeowners
to discuss specific issues regarding the impact of the budget on
the assessments. Information packets consisting of maps of each
district, proposed budgets, reserve requirements, fund balances,
equivalent dwelling units, proposed assessments and historical
information were distributed and made available to all attendants.
This information was also disseminated by mailing the information
at the request of property owners or, verbally, to the 40 or so
property owners calling in to the Department. Staff also attended
a Town Centre Project Area Committee to provide the information to
the Committee.
A total of 13 homeowners representing 11 assessed properties plus
a representative from McMillin Development Company attended the
meetings. This represents 0.1% participation or roughly one
respondent per one thousand invitation. A brief summary of the
concerns of the attendants follows.
1.
During the meeting for OSD 3, 4 and 5, a property owner
brought up the issue that the City pays meter reading fees to
the water districts for systems which are in place but not
used. Staff has not recommended removing the meters to save
costs because if the system is needed in the future it would
be very costly to reinstall. It was suggested that staff
negotiate with the water districts to potentially waive or
reduce this fee. Action to be taken: The Director of Parks
and Recreation will ensure that city staff contact the water
districts to discuss this matter further.
Mr. Lloyd Heiydt of OSD 5 then put the challenge to staff to
find other ways to save money in his district. There was a
discussion of removing trees if Mr. Heiydt could demonstrate
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a mandate of the property owners to eliminate some, if not all ~
of the Eucalyptus trees on the uphill side of the walking
trail closest to private property.
Towards the end of the meeting, Mr. Heiydt indicated that he
officially protests the assessment. Per his request, staff
explained the hearing and protest process and indicated that
his verbal protest would be forwarded to Council. Staff
provided Mr. Heiydt a mailing list of property owners in his
district the following week. Staff has no indication whether
any other residents oppose the assessment or the increase. If
a majority protest is mounted in this district, there is
sufficient funds in the reserve to cover the costs of
maintenance during next fiscal year. However, staff would
need to resolve the issue, if it arises, early in the fiscal
year in order to implement changes in a timely manner.
Historically, OSD 5's assessments have been as follows:
Assessment
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$313
202
271
275
277
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FY 90/91
FY 91/92
FY 92/93
FY 93/94
FY 94/95
344
261
227
224
243 (Proposed)
The assessments above differ from the cost as the assessment is
impacted by savings, interest, etc.
2. During the meeting for OSD 10 and 11, the property owners
discussed at length their feeling that the cities are taxing
too much, that a lot of money is spent for a service, not a
product. The owners generally indicated their concern for all
taxes, fees, assessments, by cities, water districts, etc.
3.
During the meeting with property owners in the new~alt Creek
I development, part of the overall Eastlake Maintenance
District No.1, the biggest concern was why the assessment
increased from $6.98 (FY 93/94) to the proposed $369.80 (FY
94/95). Staff explained that the smaller amount represented
the assessment associated with items which had been turned
over to the City for maintenance in prior years such as the
East H Street medians, Eastlake I entry medians and Otay Lakes
Road medians (and some parkways). Those costs are shared by
both the Eastlake and Salt Creek I developments. Staff
explained that the $369.80 reflects the additional cost of
maintaining the areas of open space associated with their
neighborhood, Salt Creek I which enhance their privacy,
beauty, and property values. These areas are proposed for
turnover next fiscal year. Several residents called in with
this same concern. Most residents did not register any
obj ections once this information was presented. In the
future, staff will look at tailoring the notice letter for
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situations similar to Salt Creek I, if any, to avoid the
reaction by residents that the increase must be unfounded.
One of the owners at the meeting, Troy Pyles, also felt that
the Parks and Recreation Departmental staff services should
not be spread to the Salt Creek I development because this
cost already exists, as no additional staff would be added,
and is paid for by the other open space districts. Staff
explained how the cost of staff services are spread based on
percent of their budget to all district budgets. Mr. Pyles
understood this but did not entirely agree with this approach.
Mr. Pyles then questioned why Public Works Departmental staff
services was so high for Salt Creek I (Zone D). Staff
explained that this district was originally established and
administered through the use of a consultant engineer and that
staff is presently performing that function. The budget of
$9,440 for Public Works staff was based on the consultant's
cost to perform the work although staff has performed this
work under budget for 2 years. Staff indicated that because
there is now some historical information available on City
staff costs it might be appropriate to reduce this budget item
by $2,000 in time to lower the proposed FY 94/95 assessment.
Mr. Pyles indicated that even with that, Salt Creek l's share
of the cost seemed more than their fair share if based on
total budget per zone within Eastlake Maintenance District No.
1. Staff agreed to look at this more closely and if
appropriate to consider alternative methods to be included in
the report to Council for the June hearings. Action to be
taken: Public Works staff to analyze the staff services
budget for public works and analyze the best method for
apportioning those costs, inform Mr. Pyles of these
alternatives, and make a recommendation to Council regarding
the assessments for FY 94/95 taking into consideration any
changes resulting from the alternatives.
Although no one representing OSD 24, Canyon Views, attended
the meeting, Public Works staff did discuss the assessment
with the president of the HOA (Sidney Schwarz). He indicated
to staff that he will consider mounting a majority protest in
his district this fiscal year if only because the current
year's assessment is substantially lower than it will ever be
due to savings being utilized to lower the cost below the the
assessment ($500/EDU cost vs. $2l0/EDU assessment). Staff
indicated that if this were the case, there was probably
enough money in the reserves to provide the maintenance for
one year but alternatives would need to found for the
longterm. Staff indicated that the owners should be aware
that maintenance might not remain at the same levels if the
owners were not willing to pay for it.
5.
As a result of a phone conversation with Mr. Sidney Frischer,
staff received a letter regarding the proposed increase within
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Eastlake Maintenance District No.1 from $6.98/yr to $9.30/yr.
Staff explained that the increase was due to adding the cost
of a median along Otay Lakes Road and the SR 125 corridor to
next year's proposed assessment. Mr. Frischer indicated that
he was still opposed to the increase especially because he was
on a fixed income. Staff directed him in the procedure for
filing a formal protest which this letter represents.
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6. At the Town Centre Project Area Committee meeting, the only
concern expressed was that the Town Gardener would have less
time to spend on their district if his responsibilities were
to continue to expand with the growth of the parking district
which is also his responsibility. The committee would let
staff know of any concerns or recommendations they would want
the City to consider.
By measuring the participation in these meetings and through phone
conversations, staff does not anticipate any issues other than
outlined to arise at the public hearings.
Attachment
Report dated March 8, 1994
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March 8, 1994
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To:
Honorable Mayor and City Council
Via:
John D. Goss, City Manager
Jess Valenzuela, Director of Parks and RecreatQ........
From:
Subject:
REPORT - ANNUAL BUDGET MEETINGS WITH THE HOMEOWNERS OF
OPEN SPACE AND LANDSCAPE MAINTENANCE DISTRICTS
The Department conducted meetings on January IS, 1994 with the homeowners of the Open Space and
Landscape Maintenance Districts as per Council's request to discuss proposed budgets for the upcoming
fiscal year, and to provide an opportunity for homeowners to discuss specific issues of landscape
maintenance of their districts.
Information packets consisting of maps of each district, proposed budget and historical information were
distributed and made available to all attendants. In addition, the specifications for contract maintenance
were available for review.
This year,1he meetings were held in Council Chambers of the Public Services Building of the Civic
Center Complex on Saturday, January IS, 1994 from 9:00 a.m. until 5:00 p.m. Notices for the meetings
were mailed in December. A total of 9,719 notices were sent to the homeowners of 22 Open Space and
Landscape Maintenance Districts. A notice was also sent to the Chairman of the Town Centre Project
Area Committee to review the proposed budget for Town Centre Landscape Maintenance District No.1.
A total of 14 respondents representing 11 assessed properties attended Saturday's meeting. This
represents 0.1. % participation or roughly one respondent per one thousand invitations. The Department
is pleased to report that four attendants representing 3 assessed properties complimented staff on the good
work being done in their respective districts.
The following is brief summary of the comments and C9ncerns of the attendants:
Mr. Ray Freehan from District #1, Candlewood, would like to see more replacement plant material
installed on the (north) side of the district along the south side of east 'H' Street. Mr.-Feehan indicated
that he would not object to the budgeting of more money for revegetation as long as it would not result
in a greater assessment. His primary objection was the increase in assessment the past year. Staff
explained this was in part due to the inclusion of the Woodcrest Southwestern subdivision into his district.
Mr. and Mrs. Manzer Thompson from District #3, Rancho Robinhood, complimented staff on a job well
done, and requested the removal of a large 'weed' behind their residence. The description of the weed
is similar to a common native Saltbush, Atriplex breweri, staff identified the plant as Atriplex and had
h trimmed to not encroach onto Mr. Thompson's property.
Mr. and Mrs. Jim Johnson from District #4, Bonita Ridge Estates, inquired if there existed a vehicle by
which the City could acquire the graded lots, which have driveway service on the north (uphill) side of
Otay Lakes Road adjacent to District 4, and then annex this area into the maintenance of the District.
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When staff informed the Johnson's that no such mechanism of acquisition exists, other than dedication
at no cost to the City, they stated they would discuss the issue with a councilmember. .-,.
Mr. and Mrs. Jim Johnson also requested for the extension of the sidewalk at the entry area of the
District on the northern comers of the Ridgeview Way and Otay Lakes Road- on the east side of
Ridgeview Way from where the existing sidewalk ends to the Otay Lakes Road Curb, and from the
northwest comer of the intersection to the bus stop; thereby providing and completing a paved walkway
all the way to the bus stop on Otay Lakes Road.
It was also requested that staff once again investigate whether the water districts (both Sweetwater and
Otay) would waive reinstallation fees if the District requested the removal of 3 presently unused water
meters. Presently, the service fees for the 3 meters is approximately SI,980.00 per year. (about $9.50
per resident per year), however, if these meters were ever needed in the future (Le., for revegetation
following a fire), the cost for reinstallation would be close to $45,000.00. Action to be taken: Staff
will investigate whether either purveyor has changed its policy regarding reinstallation fees.
A request for Public Works to maintain (weed abatement, and trash control) the street right-of-way from
the curb of existing OIay Lakes Road up the slope to where the Open Space District actually begins.
Note that approximately 2/3 of the distance form Camino del Cerro Grande to Ridgeview Way is Public
Works street right-of-way, and not dedicated open space. The Johnson's expressed disappointment that
the contract price for the landscape maintenance for their district had risen 27 % from FY 92- 93 to FY
93 - 94. Staff explained that the cluster bids considered each individual district according to that distric~
codes and acreages, and that the award of a bid cluster was not 'at the expense' of any singular or
individual district.
Mr. Lloyd Heiydt from District #5, South Bay Villas, voiced the same objections, as last year in regard -.
to his assessment. He is upset that his assessment increased 100% 'last year' when the budget only went
up 1.4% from FY 92 - 93 to FY 93 - 94. In brief, we reviewed his district's last four budget years:
Fiscal Year Budget ..... .' Difference Difference -
Previous Year FY 90 91
94 - 95 $33,840.00 +0.9% -11.6%
93 - 94 $33,550.00 + 1.4% .
92 - 93 $33,090.00 -3.8%
91 - 92 S34,410.00 -10.1 %
90 - 91 $38,260.00 .
Mr. Heiydt's second question was, 'What is being done with his moneY?' Once again, the maintenance
contract specifications were given to him and discussed. Staff reminded Mr. Heiydt that 4/5ths of the
district is situated on the south side of East 'J' Street, and that 80% (or 4/5ths) of the maintenance
performed is done in that ponion of the district, which he does not frequent as much as the small ponion
north of each of 'J' Street across the street from his residence. Mr. Jim Rolfe also of District 5,
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confinned that said maintenance was being perfonned in the south district, because his home is situated
adjacent to the maintenance labor intensive lawn on La Senda Way. Mr. Heiydt seemed responsive to
the fact that a large ponion of the contract price was for the annual trimming and pruning of SO
Eucalyptus Trees, which is an ongoing project to provide for public safety, and for the protection of
private property from limb shear, which is a property of these 'self pruning' species because of the
extreme proximity of 200 - 250 trees to private property fence lines and back yards.
Staff suggested that the cost of maintaining the district could be greatly lessened if the number of trees
needing trimming could be reduced. If Mr. Heiydt could demonstrate a mandate of the homeowners to
eliminate some, if not all of the Eucalyptus Trees on the uphill side of the walking trail closest to private
property, staff could then lessen the number of trees required for trimming in the contract document,
provided the denuded area be revegetated with a less labor intensive shrub or tree. Staff discussed in
detail and at length the difficulty in obtaining a consensus opinion of the issue of shrubs vs trees and the
various agendas and needs of neighboring adjacent property owners. Such issues as privacy vs. view
needs etc.
Mr. 1im Rolfe of District #5, South Bay Villas, complimented staff on the work being done in his district.
Mrs. Shackleford of District #19, EI Rancho Del Rey Unit 5, had concerns that the Eucalyptus Trees
adjacent to her residence posed a threat to her home's wood shingle roof. She requested that the City
remove these trees. It was explained to Mrs. Shackleford that the City does not remove healthy trees
which do not pose a liability threat. In the case of trees, the Fire Marshal has never ordered the
Department to remove a tree. The Department would be glad to ask for an evaluation from a Fire
Inspector if she so desires. It was explained to her that she could remove offensive trees (at her expense)
only if they were replaced by a tree of another City approved species. She disclosed that this request was
precipitated by the future sale of the property. She said she would weigh the pro's (privacy from Sunbow
subdivision) and con's (fear of fire) and then get back to us at a later time.
Mr. Abalos from District #18, Sunbow Rancho Del Sur, had concerns on maintenance issues at Sunbow
Park. Among his concerns were: Non-residents (of Sunbow) using the area around the tennis couns,
running track, littering and leaving pet waste. We assured Mr. Abalos we would post signage along E.
Naples that would address the issue of dog droppings.
Mr. 1erry Vallar from District #20, Rancho Del Rey, Complimented staff.
Mr. Emmett Berkery, Developer, from District #23, OIay Rio Business Park, worked with staff to
slightly revise (upward) budget figures based on the actual maintenance costs which he the developer has
been historically paying. His assistance was appreciated.
Ms Mary Coburn, Downtown Manager, from Town Centere Maintenance District #1, was concerned with
the placement of additional decorative trash m:eptacles. She was infonned that they have been ordered,
and we would have them installed per her suggestions. .
Mr. Bruce Henderson from District #11, Terra Nova Woodcrest, expressed his concerns exclusively on
the area west of his home which is dedicated parkland that is the northern extension for Terra Nova Park.
Mr. Henderson's first comment was why a fire clearance was perfonned on the slopes behind (north)
Clearview Elementary and not behind his home. Staff explained that there is no dedicated open space
east of Moonview Drive and east of Parks ide Drive, and that we have not perfonned any clearance for
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the school. Mr. Henderson would like the following done to the slope west of his lot: a) trash removal
,and fire clearance performed, and b) re-establishment of the abandoned irrigation system for the purpose
of installing and maintaining fire retardant/erosion control plantings.
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The irrigation system was only a temporary system to establish the slopes with native plantings. Once
established, the system was abandoned by the developer over 10 years ago.
SUMMARY
Each year, the Depanment presents these meetings for the purpose of discussing the budgets and issues
of landscape maintenance for each and every landscape maintenance usessment district. These meetings
are not required by any laws or statutes, but mandated by Council u a public service. Each year, staff
attempts to provide better quality data to participants. This year, in addition to the proposed FY 94 - 95
budget, historical line item budgets for the past five flSCll years were provided, u well u respective
district maps. Staff has also lengthened the lead time from the reception of the invitation, until the time
of the meetings. In the past, attendants had requested more lead time stating that one week w.as not
enough notification. In response to this request, the lead time has been lengthened to one month.
In response to improved notification and increased information dissemination, attendance has steadily
declined over the past years. The following table represents attendance since 1991:
Meetings for Fiscal Year No. of Attendants I R . " of Participants
I epresenllng
Number of Parcels
91 - 92 39 8,428 0.5%
92 - 93 28 9.689 0.3%
93 - 94 37 9,689 0.3%
94 - 95 14 9,719 0.1%
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In short, attendance has decreased by 70 % in the last f<!ur years. Since 1992 there has been a separate
meeting for the discussion of assessments, which is the responsibility of the Finance Department and
Public WorkslEngineering Department.
In the past 12 months the two most controversial topics regarding open space. erosion control and fire
safety, have come into prominence because of the drought-breaking wettest winter since the first decade
of the century. Flooding erosion control and slope failures were on the forefront of public concern. The
wet winter created the conditions responsible for the most serious brush and canyon fires in recent
memory .
Given these two issues of enormous proportions, one would expect a far greater turnout simply based on
maintenance issues alone. Such did not occur. Staff can only conclude that barring a tremendous
increase in customer apathy, landscape JrI.in."""....... is being performed adequately in our open space and
'."".cspe maimeuance districts.
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Troy K. Pyles, P.E.
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2263 Mountain Ridge Road
Chula Vista, CA 91914
619-482-9828
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April 23, 1994
City Clerk
City of Chu1a vista
276 Fourth Ave.
Chu1a Vista, CA 91910
Dear City Clerk,
I am writing in protest of the Public Works Department's proposed
assessment increase for Open Space District ELMD 1 (East Lake
Maintenance District 1).
The current assessment is $6.98 and Public Works proposes to
increase it to $369.80. That's a tax increase of 5198%11 Surely
that's the largest increase ever proposed in the history of the
world.
There is nothing that could be said to justify such a large increase
and there's no way it could be considered equitable unless everyone
else in all of Chula vista were also required to foot such a burden.
It's obvious that no one involved in proposing such an increase is
in the district that would have to pay it.
Furthermore, I don't live in East Lake and don't believe I should be
responsible for maintaining their neighborhood.
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Arthur K.H. Schaefer
2203 Lago Madero
Chula Vista, CA. 91914
23 April 1994
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Chula Vista City Council
276 Fourth Ave.
Chula Vista, CA. 91910
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'j
This letter is in regard to the proposed annual assessment fot maintenance of the Open Space
District, an assessment of $369.80 for group ELtl-ID 1. As former renters for the past 5 years,
we finally decided that conditions were correct to purchase a home in this area. The choice was
not an easy one to make given that the economy is still weak, there has been no increase in
spending power over the last few years, and the continued down sizing of many companies. Yet
after setting up a budget and rearranging my liabilities and assets we found that we could purchase
a home. We took everything into account to make this purchase possible, or So we thought. A
new assessment of $369 may not seem that much to you, but it means an increase in expenses of
about $30 a month. What are we to give up? The $30 per month will have to come out of any
funds that are set aside for long term savings. So much for the adage "pay yourself frrst", to take
care of future plans for retirement and education costs.
We feel that the city of Chula Vista must learn to live within its budget, as we have learned to do,
Open spaces are for the use of all people in Chula Vista and the cost of maintenance should be
le"ied on all residents of Chula Vista equally.
-,
Arthur ~.H. Schaefer ()
~~.\l. S~
April K. Schaefer
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ATTACHMENT E
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CITY of ChllLA VISTA
eTY CLERK
c/o-DONNA SNIDER
276 FOURTH AVENUE
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APRIL 19 th,19,4
tSSH?R 21 PH I: 26
664 Watertown Lane
CHULA VISTA-91913
CHULA VISTA-Calif.91910
My Dear Donna Snider,
1 spoke to you this morning regarding the proposed increase from
$ 6.98 to $ 9.30 that will be heard on June 7 th,1994 and also on June 14 th,1994 for
people to vote for or against this proposal to increase the annual assessment on my
Property Tax Statement.
As 1 mentioned to over the telephone this morning,I am a retieed man 82 ~ years old
and 1 am living on a small pension every .month and also a very small Social Security
4IIflowance every month.I explained to you that I retired from the New York-N.Y.Post Office
on ~ay 16 th,1975on a very low pension and I also mentioned to you that my Social
Security monthly Allowance is only $ 202.00 a month.My wife and I don,t live in the fine
houses of Eastlake,we live in the Cottages, in Eastlake,which is the Poor Man,s
existence here in Eastlake.I asked you to take all this into consideration and to please
send me your reply to my letter to you ,since 1 mentioned to you that 1 A}I AGAINST THIS
PROPOSAL TO INCREASE THE OPEN SPACE DISTRICT FEES!
.'
It Was nice talking to you today and 1 hope that the Proposal will NOT PASS!.
Thank you.
~r~
:dn~;F.Qher
.
02$'".. /3.1
--ti"Y
ATTACHMENT E
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COUNCIL AGENDA STATEMENT
Item
Meeting Date 6/21/94
SUBMITTED BY:
Resolution J 7 5" 3 ~ Ordering certain open space and maintenance facilities
to be maintained, approving modifications to the Engineer's Report and levying the
assessments for Fiscal Year 1994-95 Open Space Maintenance Districts 1-9, 11, 14,
15, 17, 18, 20, 23, 24, and 26, and Bay Boulevard, Eastlake and Town Center
Maintenance Districts contingent upon approval of the budgets by Council
Director of Public Works ~
Director of Parks and Recreation
ITEM TITLE:
REVIEWED BY:
City Manager
(4/5ths Vote: Yes_NoX)
Council Referral #2874
This agenda statement includes information related to the above districts and general information related to
Open Space District 10. Specifics of Open Space District 10 are addressed in Item _ on this agenda.
At the June 14, 1994 public hearing, Council directed staff to revise the assessments to minimize increases
and return with a report on June 21, 1994. Eastlake Maintenance District NO.1 - Zone D (Salt Creek 1)
will be considered at the July 12, 1994 Council meeting.
RECOMMENDATION: That Council:
1. Adopt the resolution to approve modifications to the Engineer's Report and levy the assessments,
excepting Eastlake Maintenance District No. 1 (ELMDl) - Zone D, for Fiscal Year 1994/95
contingent upon approval of the budgets by Council.
2. Direct staff to reimburse staff costs at direct cost rate.
BOARDS/COMMISSIONS RECOMMENDATION: The budget and assessment information has been
forwarded to the Town Centre Committee via Community Development. No action was taken on the
information presented.
DISCUSSION:
This agenda statement is the yearly resolution to levy assessments for open space maintenance within the
City. Table 1 contains the name and location of the districts. Table 2 relates last year's assessment to the
proposed assessment for this year. Following Table 2 are modifications to the June 14, 1994 report that staff
proposes in response to Council's direction. Council has directed staff to calculate an assessment which
would not exceed a 10 % increase from the current year unless savings had been used to lower the prior
year's assessment below the cost and in general to minimize assessment increases. Staff has done this, also
taking into consideration the Municipal Code requirement (Section 17.07.030) to maintain a 50% reserve.
If assessments are levied substantially below cost then eventually a large increase in assessments will be
required .
d~~1
Page 2, Item
Meeting Date 6/21/94
Backl!round
Pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways Code, also
known as "Landscaping and Lighting Act of 1972" and the City of Chula Vista Municipal Code, the City
Engineer prepared and filed the annual reports for all existing Open Space Maintenance Districts in the City.
Council approved the reports and preliminary assessments on April 5, 1994, by Resolutions 17448 and
17449. The name and location of each open space district is shown in the following table.
TABLE 1
Open Space Districts Within the City of Chula Vista
OPEN SPACE
DISTRICT NO. NAME LOCATION
1 El Rancho Del Rey Units 1-4 South of E. H Street, west of Otay
Lakes Rosd
2 Lark Haven South and east of Lorna Verde park
3 Rancho Robinhood Units 1 & 2 South of Allen School Lane
4 Bonita Ridge Camino Elevado
5 Southbay Villas Northern end of Crest Drive
6 Hilltop Vista Camino Vista Road
7 Zenith Units 2, 3 and 4 North and south of Palomar, east of 1-
805
8 Rancho Robinhood Unit 3 Surrey Drive
9 El Rancho del Rey units Pasco del Rey, north of Telegraph
Canyon Rosd
11 Terra Nova East H Slreet, east of I-80S
14 Bonita Long Canyon North and south of Country Vistas
Lane
15 Bonita Haciendas Canyon Dr., east of Otay Lakes Rosd
17 Bel Air Ridge Northeast of Pasco Ladera & E. J St.
18 Rancho del Sur Easterly end of East Naples
20 Rancho del Rey North of E. H Street west of Otay
Lakes Road
23 Otay Rio Business Park West of Heritage/Otay Valley Rd.,
south of Otay Rio Rosd
24 Canyon View Homes Rutgers Ave., south of E. H Street
26 Park Bonita West of the intersection of E Street and
Bonita Road
Town Center No. 1 Third A venue, north and south of F
Street
Bay Boulevard
Eastlake Maintenance District No. 1
Budl!et
The Parks and Recreation Department conducted an informal meeting for all property owners within each
district in January and the Public Works Department conducted informal meetings in April. At the January
meeting, staff explained the proposed budget. Staff is concerned about proposing any substantial changes
to the budgets, such as lowering costs by reducing the frequency of irrigating or eliminating debris removal,
;;S ~ ---d.
Page 3, Item
Meeting Date 6/21/94
that have not been discussed with the property owners. To reduce the budgets would mean a reduction in
the level of service possibly resulting in changing an area's conceptual design as originally approved by the
City. There is no apparent mandate by the property owners to do this. Property owners were invited to
a meeting in January to discuss the proposed budgets and level of service. Budgets were then adjusted taking
the district's concerns into consideration and forwarded to the Department of Public Works. Public Works
then calculated assessments which were less than the cost because of savings.' The proposed assessments
were then forwarded to Council for their approval before notifying all residents of the current assessments
and the proposed assessments. Prior to the two public hearings, staff meets with the property owners to
discuss both the budgets and the assessments. Except for ELMDl - Zone D where a protest of 22% was
mounted, only three property owners filed a formal protest prior to or during the public hearings out of
9,000 properties. Staff also received three other verbal protests at the informal meeting and via telephone
representing OSD 5, OSD 18 and OSD 20.
It is important to understand that the increases in assessments in some districts is not the result of increases
in maintenance costs. For the most part, maintenance costs have either gone down or remained the same
with the single exception of water costs. (Unless a district's acreage has increased, staff has !lQ1 increased
the volume of water budgeted since the height of the drought in FY 90/91.) Water rates have increased 14%
since the adoption of the current FY 93/94 budget and will increase an additional 8 % during the upcoming
FY 94/95. This increase in water rates alone constitutes an increase in water costs of 22 % for the same
volume of water as the previous budget year.
Policv Analysis
It is important to differentiate assessment fluctuations from actual maintenance costs. Staff will propose a
Council Workshop in the future to discuss, in depth, the complex issues of savings and its effect on
assessments and the financing of our landscape maintenance assessment districts. Staff is in agreement that
policy restrictions on assessment increases should be purely cost driven by actual maintenance costs which
usually do not fluctuate dramatically.
Staff recommends that any limit on open space increases be tied to the budl!et costs, not the assessment
amounts. The assessments of the past few years have been less than the cost in most cases because of the
tremendous amount of savings that accrued during one fiscal year (FY 90/91). During that year the water
districts restricted the City's use of water in response to the drought. The savings have not been typical in
subsequent years. However, the savings of that one year have been used over several years to subsidize the
assessments in an attempt to even out the peaks and valleys of the assessments that would be typical if all
savings are used in a single year to lower assessments. This is consistent with the Municipal Code, Section
17.07 which allows accrual of savings not to exceed 100%. To limit increases based on assessments, would
eventually cause each district's level of service to be decreased, which there is no evidence to staff that this
is the mandate of the majority of the property owners.
Additionally, to limit increases would preclude the City from accepting additional open space for
maintenance in an existing district. For instance, in ELMDl - Zone B (the Greens), the increase is due to
In most cases, the savings accrued in the winter of 1991 during the period water rationing was in effect
in response to the drought.
.;xS1A.. -3
>v
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Page 4, Item
Meeting Date 6/21/94
the medians2 associated with that development being ready for turnover to the City. Staff recommends that
any policy on increases specifically exempt district's where additional improvements are being added. This
would not limit Council's authority because budgets, assessments and funding by open space assessments
must still be approved by Council.
Cost Reduction
Maintenance costs are first and foremost driven by the approved design of a project. In the past, staff has
strived to maintain the integrity of the approved design and "concept" developed by the developer. Changes
and revisions to the current City Landscape Manual should be made to influence and promote the principles
and concepts of habitat restoration, drought tolerance, native revegetations and less maintenance intensive
landscapes.
Earlier staff involvement has resulted in far greater cooperation between the developer and the City to fix)
is needed to develop an open space master plan rather than to deal with open space as an afterthought late
in a development. Master planning at these earlier stages of planning helps to incorporate an expanded
concept of resource conservation which carries through an entire project. In the promotion of resource
conservation, design concepts which emphasize habitat restoration maximizing the use of native plant species
and drought tolerant plant material designed to naturalize over time and to minimize, if not eliminate,
irrigation needs as well as maintenance costs. Staff recommends that high visibility entry areas remain
aesthetically functional but be of a design which requires less maintenance and irrigation. An example of
this is the decreased usage of "non use" turf in monument areas and median islands in our scenic corridors.
In those areas requiring ongoing irrigation, the City requires that all field irrigation controllers be capable
of operating as satellites of a central computer controlled system capable of initiating Citywide conservation
commands from a centrally located computer terminal. Such water saving devices can accurately replenish
precise plant requirements thereby eliminating further water waste.
Other cost saving measures being taken by staff include:
a.
b.
c.
d.
The reclassification and downgrading of maintenance requirements as erosion control slope plantings
naturalize. This has been done in Open Space District 14 (Bonita Long Canyon) to lower
maintenance and utility costs.
The weaning of irrigation as plant material matures and naturalizes.
"Bid clustering" was initiated to group geographically close and horticulturally similar areas together
to provide more attractive contract packages for prospective landscape maintenance contractors. This
technique resulted in the lowering of maintenance costs in 16 out of 17 open space districts in Fiscal
Year 1993/94.
Water conservation measures have been widespread and ongoing since 1986. Successful
conservation measures have included the upgrading of older irrigation controllers from unreliable
electro-mechanical controllers to state-of-the-art solid state controllers utilizing microchip technology
which provides the accuracy and flexibility critical to proper water management. These controllers
make it possible to deep water by using short soak cycles minimizing run-off and encouraging deep
2
Medians are required to be landscaped at a 35% ratio (65% hardscape) pursuant to Council Policy
576-08.
;;)S' IX ~ 'I
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Page S, Item
Meeting Date 6/21/94
rooting for drought tolerance and erosion control. "Rain Cups" which initiate automatic shut-off of
irrigation systems during rain have been installed on all 188 open space controllers. "Master valves"
have been installed on many existing irrigation systems. Master valves only energize water mainlines
when the systems are actually operating, thereby lessening the threat of an uncontrolled mainline
break which could result in costly slope failures and wasted water. The secondary benefit of the use
of master valves is the increased longevity of entire irrigation systems as the system is not under
pressure over 60 % of the time.
e. Staff has enlisted the aid of agencies such as the San Diego County Water Authority and the Soil
Conservation Service to have free irrigation system efficiency audits performed to provide insight
and guidelines to increase irrigation efficiency and conserve water. Fourteen districts have been so
audited. Implementation of recommendations from these studies include the extensive retrofit of low
precipitation rate sprinklers which insure that the application of irrigation not exceed the absorption
rates of the numerous soil types found in the various districts. This eliminates run-off water waste.
These audits have also been used to apply for, and win grant awards. The most recent being a
$2,409.00 award by the San Diego County Water Authority's Public Facility Irrigation Assistance
Program, which will be used to test and evaluate the use of new generation moisture sensing devices
on a test plot in Open space District 3. In summary, staff review and evaluates cost savings on an
ongoing basis both on global scale and district by specific district.
f. Staff is in the process of contacting the water districts in an attempt to have fees waived or reduced
for irrigation systems which are not in use.
g. Public Works staff is reimbursed at a full cost recovery rate of 2.7 times the salary. This is not
consistent with the Department of Parks and Recreation whose staff time is reimbursed at the direct
cost rate only. A change to direct cost would reduce most districts' budgets by less than a dollar per
EDU. In smaller districts with lower budgets and typically high assessments, the impact can be as
high as $23/EDU. For this reason, staff supports reimbursing the General Fund at direct cost only
for all City departments. The assessments and budgets presented in this report do not reflect the
potential reduction in Public Works staff cost. If this proposal is approved, the future budgets (FY
95/96) will reflect the change and although staff does not propose changing the FY 94/95 budget,
the savings will be reflected in the district's fund at year end.
The current policy of not charging staff time at full cost recovery rates for Parks and Recreation staff
time keeps the cost down for the residents in open space. The inclusion of a FCR would increase
each district's Park and Recreation City Staff Services budget from 10.7% of the maintenance budget
to 14.1 % Management Services has indicated that the present reimbursement for Parks and
Recreation City Staff Services would need to increase by a factor of approximately 1.305 to obtain
FCR.
At the two homeowner meetings conducted by staff, to discuss district budgets and proposed
assessments, the most commonly heard objection is City Staff Services. Homeowners resent that the
City charges for staff time. They feel Open Space is to the benefit of all in the community, and not
just those in the district. Council directed staff to bring forward recommendations on how to reduce
costs in the districts. Assessing FCR would be inconsistent with Council's wishes. By not
implementing FCR, it would demonstrate that the City will take part in cost reduction for the
assessed homeowners.
d,So...-S
Page 6, Item
Meeting Date 6/21/94
Assessments
Pursuant to Council direction, the proposed assessments for Fiscal Year 1994-95 are as follows:
TABLE 2
LAST FY VS. TIllS FY ANNUAL ASSESSMENT AND % CHANGE
% Increase
FY 93-94 FY 94-95 or FY 94-95 FY 94-95
OSD Assessment!EDU AssessmenUEDUUI Decrease COSTIEDUUI Revenue
1 $78.86 $77.70 -2% $73.00 $61.805
2 (revised) 32.44 34.94 8% 46.00 8,697
3 250.90 267.06 6% 279.00 33,915
4 197.08 282.94 "" 44% 285.00 59,415
5 224.22 243.12 8% 277.00 29,659
6 128.00 136.26 6% 143.00 22,071
7 87.58 95.86 9% 114.00 9,968
8 430.94 430.94 0% 446.00 47,403
9 (revised) 92.88 101.80 10% 137.00 39,091
11 81.22 83.58 3% 87.00 110,403
14 254.74 270.35 6% 289.00 236,101
15 234.24 234.24 0% 245.00 13,352
17 124.74 124.74 0% 132.00 5,738
18 (revised) 303.34 293.38 -3% 293.00 113,700
20'10 228.21 228.21 0% 308.81 441,087
23 0 335.70 ""o, N/A 305.00 18,799
24 (revised) 210.98 432.33 105% 528.00 17,293
26 359.00 394.30 ,., 10% 356.00 7,491
Bay Blvd. 1,000.80 889.00 ", -11% 1,421.00 8,890
Town Centre 43.58 45.56 p, 5% 52.00 45,557
EASTLAKE MAINTENANCE
DISTRICT NO. 1(~
Zone A - Rastlake I 6.98 9.30 (11) 33% 11.23 89,979
(II)
Zone B - Rastlake Green. 10.64 14.08 32% 16.14 29,262
Zone C - Olympic Training Ctr 0 126.71 N/A 125.61 63,361
Zone D - Salt Creek I (~ 6.98 369.80 N/A 365.04 170,463
(l)See Engineer's Report for amortized costs and breakdown by zone
(2)Reserve is at 10%
(l)Based on preliminary budgets
(4)lncludes prorata share of Zone A
(S)Per benefit unit
(6)Per acre
(7)lncludes revenue from OSD31 for medians on Otay Lakes Road
(8)Reserve is at 20%.
(9)As approved by Council on 4/5/94 with minor adjustment and excludes OSD31 share of OLR
(IC11fypical residential home's assessment had no change
(I1)No change proposed
""Due to a new bid, the costledu dropped to $293 from $330
d. 5c,. ~(e,
Page 7, Item
Meeting Date 6/21/94
Modifications
The following summarizes the modifications to districts 2, 9, 18, 20, 24 and Eastlake Maintenance District
No. 1 from last week's agenda. For a detailed outline of all districts, see Attachment A.
FY 93-94 FY 94-95 % Increase or FY 93-94 FY 94-95 FY 94-95
Assessment/EDU Assessment/EDD Decrease COST/EDU COST/EDU Revenue
Open Space District $32.44 $34.94 8% $44.00 $46.00 $8,697
No. 2 Lark Haven ~
Staff had previously recommended a $39.54 assessment per EDU. Pursuant to Council's direction, it is now
recommended that an 8% increase, ($2.50/EDU) rather than the previous 22% increase be levied. The
annual assessment will increase from $32.44 to $34.94 per EDU. City staff services increased by $190 and
utilities increased by $360 from rate increases and service fees, not from increased volume usage. The
reserve under this recommendation will be 50%. Approximately $l1/EDU from prior year's savings will
be used to offset the cost of $46/EDU.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
Assessment/EDU Assessment/EDU Decrease COST/EDU Revenue
Open Space District No. 4 $197.08 $282.94 44% $285.00 $59,415
Bonita Ridge
Staff recommends an increase of 44% ($85.86) from $197.08 to $282.94 per EDU. Of the $85.86 increase
per EDU, the two largest factors are the maintenance contract which increased from $29,090 to $35,620,
($31.10 per EDU) and utilities which increased from $12,140 to $15,170 ($14.43 per EDU) for a net
increase of $10,713. At the time staff proposed the $197.08 assessment (FY 1993/94), the cost for contract
services was anticipated to be only $29,090 yielding a cost/EDU of $234.37 which is $40 more than what
they were assessed. Prior year savings were used to lower the assessment to $197.08/EDU which was below
the cost of $234/EDU and some savings were retained in reserve. The contracts went out to bid in Spring
1993 and OSD 4's contract was the only one that came in hi!!her than previous contracts for the same scope
of work. As the owners had already been notified of their proposed assessment, the assessment could not
be increased to reflect the change. Consequently, this year's assessment reflects the increase. Other items
that increased the budget were utilities, city staff services, the maintenance contract and landscape supplies.
The proposed increase is as low as possible while still maintaining the required 50% reserve.
FY 93-94 FY 94-95 % Increase or FY 93-94 FY 94-95 FY 94-95
Assessment/EDU Assessment/EDU Decrease COST/EDU COST/EDU Revenue
Open Space District $92.88 $101.80 10% $127.00 $137.00 $39,091
No. 9 El Rancho del ~
Rey
Staff had previously recommended an assessment of $111.42/EDU (20% increase) and now recommends
a 10% increase in the annual assessment from $92.88 to $101.80 per EDU. Items that increased the budget
were utilities and city staff services which increased by $4,220 and $270, respectively, for a net increase
of $3,850. Some of the cost increase is being offset with prior years' savings, as can be seen by the
assessment being $25 per EDU lower than the cost per EDU. The assessment per EDU this fiscal year was
d 5<'--1
Page 8, Item
Meeting Date 6/21/94
also offset by prior years' savings. The reserve under this recommendation will be 58%, 8% of which
($l1/EDU) represents savings which may be used in FY 95/96 to offset the cost of maintenance.
FY 93-94 FY 94-95 % Increase or FY 93-94 FY 94-95 FY 94-95
A.....mentlEDU AssessmentlEDU Decrease COST/EDU COSTIEDU Revenue
Open Space District $303.34 $293.38 -3% $310.00 $293.00 $113,700
No. 18 Rancho del ~
Sur
Staff had previously recommended an annual assessment of $321.40 per EDU based on last year's bid.
Upon review, staff realized that the new bid, $14,000 less than FY 93/94, was not reflected in the
assessment spread. Consequently, staff recommends a 3 % decrease in the annual assessment from $303.34
to $293.38 per EDU. The reserve under this recommendation will be 59%.
FY 93-94 FY 94-95 % Increase or FY 93-94 FY 94-95 FY 94-95
AssessmentlEDU Asse..ment/EDU Decrease COST/EDU COST/EDU Revenue
Open Space District $228.21 $228.21 0% NA $309.00 $450,154
No. 20 Rancho del
Rey
This district is made up of 7 zones and each zone has a different assessment. Depending on the location of
the property, the owner may be assessed by up to 4 different zones. The maintenance cost is broken down
by zone in the Engineer's Report (Attachment A). In general, the overall maintenance cost for this district
decreased by .$47,910 (from $628,410 to $580,500). Staff, proposes no change to the average annual
residential assessment of $228.21 per EDU as directed by Council to not reduce the assessment below last
year's level. The assessments of Zone 4 (Business Center) and Zone 3 (all OSD 20 benefiting from East
H Street medians) are proposed to be assessed at a rate higher than last year. Although the overall budget
for OSD 20 is less than the FY 93/94 budget, a reallocation of costs has resulted in Zone 3 and Zone 4's
particular budgets to increase. However, the increase is within the estimated cost for those zones at the time
of district formation. To minimize the impact of these increases pursuant to Council direction, it is
recommended that the 50% reserve resulting from the budget increase be built up over several years,
minimizing the impact on assessments.
In addition last year's assessment was less than the cost because interest and savings of $635 and $12,751,
Zones 3 and 4 respectively, were being used to pay part of the costs.
ds'o.- f$
Page 9, Item
Meeting Date 6/21/94
Staff recommends the following schedule of assessments as shown in Table 3.
TABLE 3
FY 93/94 FY 94-95 11; Increase Y 93-94 fy 94-95 Y 94-95
OSD 20 Zones ssessment/EDU Assessment/EDU<Zl Decrease ost/EDU ost/EDU Revenue
I - Silt BlUIin $38.97 $36.67 -4% $41.36 $40.98 $30,281
2 - Rice Cyn 4.19 0.19 -96% 3.02 1.74 756
3-E8BtHSt 1.04 (('3.73 +258% 2.05 3.66 23,867
4 - Bus Center 11.10 18.25 64% 22.54 23.40 43,308
5 - SPA 1- Res 187.62 187.62 0% 3t9.25 262.43 333,775
6 - SPA 2 0 0 0 0 0 0
7 - SPA 3 18.98 9.39 -50% 17.25 10.90 13,167
(I)Reserve is slightly below 50% due to respread of DPW staff time subsequent to notification.
(2)A typical residential assessment = $203.64 and industrial assessment = $717.28/acre.
Increases more than 10% are recommended in order to maintain a 50% reserve.
FY 93-94 FY 94-95 % Increase or FY 93-94 FY 94-95 FY 94-95
Assessment/EnU AssessmentlEDU Decrease COST/EDU COST/EDU Revenue
Open Space District $210.98 $432.33 105% $660.00 $528.00 $17,293
No. 24 Canyon ~
View Homes
Staff had previously recommended an annual assessment of $495.73 per EOU. Staff now recommends a
105% increase in the annual assessment from $210.98 to $432.33 per EOU. This increase is due to the use
of savings that lowered this year's assessment. The City had retained a reserve of 90% but there were still
substantial savings which were used to lower the assessment to $210.98/EOU for the current year even
though the cost. for the current year was $660.50 per EOU. The savings were due to a one year delay in
turnover of open space and contract cost reductions due to effective bid clustering. As proposed, the reserve
will be at 50%. The remainder of savings ($168/EOU) will be used under this proposal during FY 94/95.
Staff, as directed by Council, is analyzing alternatives to ultimately lower the assessment.
Modified
FY 93-94 FY 94-95
Assessment! Assessment! % Increase or FY 94-95
EDU EDU Decrease COST/EDU
Eastlake Maintenance District No. 1(1)
Zone A - Eastlake I $6.98 $9.30 33% $11.23
Zone B - Eastlake Greens 10.64 14.08 32 16.14
Zone C - Olympic Training Center 0 125.96 N/A 125.64
Zone D - Salt Creek I (incl. Zone A) 6.98 363.12 N/A 365.03
(1) All zones share in the cost of Otay Lakes Rd. medians, and some parkways.
Staff recommends a 33 % increase in the annual assessment for Zone A. This zone maintains medians and
parkways along Telegraph Canyon Road, Otay Lakes Road and Eastlake I area. The $2.32 increase is due
to new medians along Otay Lakes Road (prorata share) and East H Street and maintenance of the SR-125
corridor that are now proposed to be maintained by the Zone.
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Page 10, Item
Meeting Date 6/21/94
Staff also recommends a 32 % increase in the annual assessment for Zone B. The $3.44 increase is mostly
due to new medians and parkways being turned over to the City for maintenance within Eastlake Greens as
well as their share of new medians along Otay Lakes Road.
The $125.96 per EDU annual assessment that staff recommends for Zone C will be paid by the one property
owner that comprises the district, the Olympic Training Center (500 EDU's). Turnover is anticipated to
occur in January of 1995 so the 50% reserve will be accumulated by this assessment.
The increase in annual assessment that staff recommends for Zone D is due to newly turned over open space,
parkways and medians within Salt Creek 1. This Zone also maintains its share of medians and parkways
along Otay Lakes Road and Telegraph Canyon Road, medians within Eastlake I and the SR 125 corridor.
As was the case last year, savings resulting from delayed turnover of Otay Lakes Road medians are being
returned to the property owner in the form of an assessment less than cost.
FISCAL IMPACT: Staff cost associated with the open space program are generated by Parks and
Recreation, Engineering, and Data Processing. Contractual costs are outlined in Attachment A. These costs
are recovered through the Open Space District Assessments, causing no net fiscal impact. Eliminating FCR
from Public Works staff time reimbursement will save the districts $7,000-$14,000 each year and indirectly
cost the General Fund a corresponding amount.
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment :
Modified Engineer's Report for Fiscal Yesr 1994.95 dated 6/17/94 .,/
Bar Charts i
3- Y ear history of assessments and budgets J
Minutes of 6/14/94 meeting NOT ~(" A l\TNJi'n
June 14 Council report and atta~l'i:nentr(ll1f1!!>lt~er) NOT SCANNEU
DD8:08001
WPC F:\HOME\ENGlNEER\AGENDA\openspac.94
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Item
Meeting Date
~?
COUNCIL AGENDA STATEMENT
6/21/94
TITLE:
REPORT Review of Exemptions on Mandatory Weekly
Residential Refuse Collection
Principal Manage~~ Assistant SnYde~
City Manager Vlli;).,~({~ (4/sths Vote: Yes
-V I Council Referral No.
~
No-X....l
2866
SUBMITTED BY:
REVIEWED BY:
At the 3/8/94 meeting, Council directed staff to research and make
recommendations on a written Communications request from Mr. and
Mrs. Calvin Jackson (Attachment Al regarding the City's Municipal
Code requirement (Section 8.24.060) for mandatory weekly
residential refuse collection. Under this current Code section,
the only exemption allowed is for self-haulers who show proof of
weekly disposal at a permitted waste disposal facility.
specifically, the City was requested to amend the Code to allow for
more exemptions such as a resident who produces a small amount of
refuse and sets it out every two weeks.
This report addresses the specific request in the context of the
broader issues of: City responsibilities and authority; allowable
exemptions in force in other jurisdictions; and underlying causes
creating these exemption requests which, in turn, could lead to
more effective solutions.
RECOMMENDATION:
That Council:
1) Deny request to change the exemption listed in Municipal Code
section 8.24.060 or to add any other exemptions, and
2) Direct staff to research and return with a report and
recommendations on unit-based pricing for refuse collection to
be implemented through the City's franchised hauler.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
DISCUSSION:
Since this request was received, staff has been contacted by five
other residents with similar requests. Most of the exemptions
requested refer to the same issue raised by the Jacksons: because
residents are reducing more of their waste initially and
participating in recycling opportunities, they have less waste than
they used to and do not want to pay for weekly trash collection.
The Jackson request indicates that they prefer to self-haul their
waste but do not want to be required to do it weekly.
..2~"/
~
,V
Page 2, Item ,) V
Meeting Date 6/21/94
The only other specific exemption comment was received from a Chula
vista resident who has a business in National City and disposes of
his waste at his business. The current Municipal Code section
8.24.060 (Attachment B) does not exempt someone from paying for
residential collection because they have access to disposal at a
commercial establishment.
city Responsibilities
When the original ordinance was adopted by the Chula vista City
counci 1 in September 1982, it was noted that Title 14, section
17331 of the State Solid Waste Administrative Code required that
trash be removed from the premises within seven days except for
disruptions in normal collection schedules. Although AB939 has
mandated source reduction and recycling programs which have reduced
the amount of waste per household needing disposal, the same
provision for removal of waste within seven days remains in the
State regulations (CCR, Title 14, section 17331).
If the City were now interested in changing the existing mandatory
collection program, it appears that the attention would need to be
focussed on determining exemptions appropriate to the individual's
responsibility (specifically set out in Title 14), as well as the
City's responsibility for the public health of the entire
community. The existing exemption meets that test by ensuring that
those individuals who choose to handle their own disposal are not
harboring waste for more than seven days and dispose of it at a
permitted landfill.
To help formulate a sound recommendation, staff surveyed the cities
in the County and also requested input from cities throughout the
State regarding the types of exemptions allowed to mandatory weekly
residential refuse collection in other jurisdictions.
Survey Results
Twenty-five cities responded to the city's inquiries and the
results overwhelmingly indicated very few exemptions are allowed.
The most common exemption was for weekly self-haul. A few other
types of exemptions noted include:
o Temporary exemptions for unoccupied dwellings.
o Resident is a business owner in the city.
o Business is not required to be located within the city, but
resident must either be the owner or an employee providing
statement from the owner that commercial disposal on the
premises is available to the employee.
.2J.',2
Page 3, Item d.. /,
Meeting Date 6/21/94
Although not considered an exemption from the weekly collection
service, there are some jurisdictions with user fee systems which
allow discounts for senior citizens (fee is subsidized by all the
other rate payers) or make provisions for the city to pay the
service cost in certain low-income or hardship cases.
It is not recommended that any additional exemptions be allowed
since they can interfere with the City's ability to meet its
responsibility for the overall health and safety of the public.
However, should the Council desire to expand the number, staff
would recommend allowing only an additional exemption related to a
verifiable business ownership or opportunity for continued weekly
disposal. This is not a preferred option in most cities because of
the definition of criteria and the administrative costs associated
with applications, renewals, verifications, etc.
Additional Concerns About Exemptions
Exempting a rate payer from the refuse fee does not represent
actual operational savings of the $13.33 refuse component ($1.10 of
the total monthly bill of $14.43 is the cost of mandatory
recycling). In other words, if additional exemptions are approved
and the number of households served for refuse pickup decreases,
the total monthly service costs do not drop proportionately.
If it could be assumed that an exempt household generates no refuse
at all, the actual savings per household basically amounts only to
the landfill disposal component cost, or $5. 85/month. There are
still fixed and variable costs for capital investment, fuel, etc.
which need to be spread over remaining customers. Exempting
residential rate payers of any portion of the refuse fee will raise
the costs shared by all other ratepayers since those residual costs
will be spread to the others.
In addition, as noted by the City's Conservation Coordinator,
providing for a large number of exempt residents creates problems
in monitoring recycling programs to meet AB939 mandates. Under the
current system, a curbside recycling infrastructure has been set up
to go "hand in hand" with refuse collection (even though different
vehicles are required for collection). Participation in both
programs is mandatory. Increasing exemptions for refuse does not
relieve the City of its responsibility under AB939. Additional
exemptions would raise administrative costs of determining and
tracking recycling participation.
Conclusions
The concerns raised by Mr. and Mrs. Jackson and others appear to
echo a common concern about the fairness of having to pay for
services not wanted or needed by the individual. Unfortunately, at
.,2/,.J
Page 4, Item cot y
Meeting Date 6/21/94
times this question needs to be balanced by the City's
responsibility for protection of the health and safety of the
entire community. The staff recommendation is to make no change to
the single exemption currently allowed but to further explore an
opportunity for a more objective pricing sYstem for trash
collection. This recommendation is a compromise which addresses
the needs and concerns of all residents, and focusses on "the cause
of the problem rather than the symptom."
The symptom is the cost of service in an economy characterized by
more limited ability to pay for services (i.e., fixed incomes, high
unemployment, etc.) at the same time that service costs are
increasing. The cause of the problem, however, is the fee-for-
service system for refuse collection which has been in use since
the services began. Residential customers pay the same rate as
their neighbors, regardless of the amount of refuse disposed. This
factor, alone, had been considered by some to be inequitable in
years past but the monthly cost was generally not enough to create
problems for an individual. In the past, unlimited garbage service
was welcome.
Things have changed. The new diversion programs for curbside
recycling and yard waste collection have added new costs to a
resident's total waste management service cost. Although all
efforts are made to ensure that the component costs for service are
reasonable and fair, the total "package" is based on a premise that
is inconsistent with the need and desire to encourage source
reduction and recycling.
The answer to the problem is to move to a unit-based pricing system
for refuse collection which would allow those who dispose of less
to pay less. This type of "Pay As You Throw" approach is endorsed
by the state Integrated Waste Management Board and is seriously
being considered by many cities around the state, including the
city of Escondido. (See Attachment C.)
The State Waste Board has indicated that studies show that cities
implementing unit pricing systems achieve a range of 13 percent to
40 percent reduction in waste generation. Such a reduction is
significant to the city because it:
o Is an important contribution in meeting AB939 goals;
o Is the most basic and cost-effective way known to protect
the individual resident and the City, as a whole, from rising
disposal costs;
o Can be expected to increase participation in the City's
curbside recycling programs since diversion typically goes up
20 percent or more when unit pricing is put into place; and
c:J. /, ..I(
Page s, Item
Meeting Date 6/21/94
.).(,
o Is equitable and environmentally responsible since it
provides the consumer with control over that portion of the
rate (disposal costs) which increases or decreases based on
factors which they can control.
A program change of this nature requires study, planning and a
tremendous public outreach and education program. The City's
franchise agreement includes a provision for Laidlaw to work
towards this type of change at the City's discretion, and Laidlaw
has participated with City staff in a workshop sponsored by the
Waste Board. Approval of the staff recommendation would formally
start a process of data-gathering to result in formal
recommendations to the Council regarding program choices,
implications, public education, possible schedules, and costs.
FISCAL IMPACT: There is no fiscal impact as a result of this
recommended action which would be pursued by existing staff. If it
is subsequently determined that special survey information is
necessary to calculate appropriate rate schedules for a unit-based
pricing structure, that funding request will be brought back to
Council when necessary.
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Feb. 11, 1994
TO: Honorable Mayor and City Council
FROM: Calvin and Colleen Jackson
SUBJECT: Exemption from Mandatory Refuse Collection
We use a trash compactor and set out one compacted bag every
two weeks. I have a secure trash container, which is water
proof and fly proof, and am willing to provide a MONTHLY landfill
receipt. I would also be interested in having the City Council
change the Municipal Code #8.24.060 allowing more flexibility
in granting exemption. I feel the rate is not acceptable for
our limited use of the service and wish to use our truck to
dispose of small amount of trash.
Qs:2 ~
--
Calvin and Colleen Jackson -<-< ::0
1322 Crann Ave. 00 m rr1
r-~ (")
Chula Vista. CA 91911 1Tl"
(619) 425-8084 ::O:r ~ rr1
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Attachment B
in any garbage or refuse receptacle owned or used by the owner of such property unless such person first
obtains the permission of the owner so to do. (Ord. 1988 U (pan), 1982).
8.24.060 Owner or occupant responsibility to maintain sanitary premises.
Every owner, tenant, occupant or person owning or having the care and control of any premises in
the dty shall keep said premises or those under his care and control in a clean and sanitary condition and
no person shall permit any garbage, rubbish, or any other substance which may be or will become offensive
to be deposited or to remain in or upon any premises owned or occupied by him or under his care and
control except as otherwise provided by law. It shall be the responsibility of such person to provide for
scheduled garbage, rubbish, or refuse collection by means of the services of the contract or franchise agent
or such other acceptable means of services to insure compliance with state law for weekly service. It shaJl
be mandatory for such person in a. single-family residential or multiple dweJling unit of four units or less
to utilize the services of the contract or franchise agent and to pay the-collection charge established by the
dty for such service; provided, however, that any such person subject to the mandatory requirement may
apply for an exemption therefrom to the contract or franchise agent upon a showing of proof of weekly
disposal of trash at an authorized dump. Any dispute as to such exemption may be appealed to the city
manager of the dty. (Ord. 2004 U, 1982; Ord. 1988 ~1 (pan), 1982).
8.24.070 Garbage and refuse-Collection prohibited when-Burning prolu'bited.
No person shall collect, remove or convey, or cause or permit to be collected, removed or conveyed,
any residential, commerdal or industrial refuse upon or along any public street, alley or any other public
place in the dty; provided however, the prohibitions of this section shall not apply to authorized employees
of the dty, or to any person or firm or employees thereof, with whom the dty has entered into a contract
for the collection, removal or disposal of garbage or rubbish or refuse, or to the occupant or owner of any
residence from personally removing garbage or rubbish from said residence or commercial establishment.
It is unlawful for any person to burn or bury any garbage or refuse as a means of disposing of said garbage.
(Ord. 2206 ~1, 1987; Ord. 1988 U (pan), 1982).
8.24.080 Garbage and refuse-Receptacles approved for residential use.
It is unlawful for any person in a residential area to keep or store any garbage within receptacles
except those which are tapered gradually, decreasing in diameter toward the bottom of the container, made
of metal or plastic with metal or plastic covers and handles, and which receptacles shall be watenight and
fly-proof and shall not exceed eighteen gallons' capadty.
Unless garbage is mixed with rubbish, in which case maximum container capacity shall be foTty
gallons. Further, every person having the care or control of any place or premises within the dty where
refuse accumulates or exists, and such refuse is to be collected by the contract agent of the dty, shaJl cause
such refuse to be placed and kept in such receptacles, with lids securely fitted, and in a number adequate
to contain the amount of refuse normally accumulating during the interval between collection thereof. (Ord.
1988 ~1 (part), 1982).
8.24.090 Garbage and refuse-Placement in receptacles or bundles- Restrictions.
All rubbish and trash shall be kept within sturdy receptacles made of metal or plastic, and no rubbish
or trash shall be placed in any receptacle so that it protrudes or extends beyond such receptacles. Weight
515
(R 3/92)
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INTEGRATED
WASTE
MANAGEMENT
BOARD
8800 C AI CE",," DRIVE
SACRAMlxro. CA 95826
FOR MORE INR)R:>'1,\110S
AHOUTTIlISSERIES.
CO~'TACT THE CALlH)R:'\LA
1:-"'1l:GRATED WASTE
MANAGEMEST BOARD AT
916.255.2200
OR THE CIWMB W ASno
INFORMAll0!\i SERVICE AT
800.553.2%2.
prinie-d on rec)'ckd p{~}er ,
. ,..,.t..
'.,'
, Attach~t' C S .' .'
'. ',' ACT HEET
. ~', -,.
PAY AS YOU THROW
UNIT PRICING FOR SOLID WASTE
WHAT IS UNIT PRICING?
The name "Unit Pricing" may not be
familiar; however the concept certainly
is. Unit Pricing - pricing per unit - is
the basic pricing system we face every
day for almost everything we buy:
dollars per gallon of gasoline. per loaf of
bread. per overnight video rental, per
kilowatt hour of electricity, or per cubic
foot of water. In fact. prices that are not
set by the unit are the exception. rather
than the rule: all-you-ean-eat pizza
buffets. copier service agreements, and
government services such as police and
fire protection.
Municipal solid waste service (house-
hold garbage disposal) has traditionally
been funded through taxes or flat rate
billing. This pricing scheme creates the
same incentive as the all-you-can-eat
pizza buffet: the smart economic move
is to eat - or throwaway - all you
can, because the more you get for a fixed
price, the better deal you're gettin'g. AII-
you-can-dump solid waste pricing has
played a significant part in creating the
national solid waste crisis. exemplified
by disappearing landfill capacity, rising
disposal costs, limited use of recycling
programs, and the attitude that unlimited
waste service is a right.
Therefore, Unit Pricing for solid waste
disposal means charging a fee for each
unit disposed. The unit may be me<,l-
sured by the bag, by the can, or by the
pound.
e:;~' Y'
WHAT ARE THE BENEFITS OF UNIT
PRICING?
Although the transition to a Unit Pricing
system can be difficult for agencies
accustomed to flat rate billing. Unit
Pricing can make a profound change that
leads to a variety of benefits. Most
importantly, it creates the connection
between each customer's cost and
disposal habits. and provides an incen-
tive for customers to make smarter
choices in how they handle their own
waste.
All Unit Pricing systems offer important
advantages for hoth the sol id waste
agencies and their customers:
. Increased awareness of solid waste
costs. Traditionally, true solid waste
operational costs have been obscured
from the consumcr by being lumped
into one general tax bill that covers
many public services. Unit Pricing
makes customers aware of the cost of
the waste services they use. and
reinforces that awareness every timc
a customer pays a garbage bill or
buys a pre-paid garbage bag or tag/
sticker.
. Incentive to reduce waste. When
customers have to pay more for each
can or bag disposed. they are likely
to think twice before purchasing
excessively packaged products at the
store. or throwing old lettuce into the
trash instead of the compost pile.
. Incentive to recycle. If throwing
away is more expensive because the
/
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.
true costs of disposal are accounted
for, recycling becomes a more
economically beneficial option. This
financial incentive can help increase
use of recycling programs, and can
reduce total waste management
system costs.
. Reduced dependence on landfills
or incinerators. Unit Pricing will
reduce tonnage going to landfills or
incinerators. Therefore, the need for
expansion of landfills is postponed.
. Stabilized system costs. Final
disposal is often the most unstable,
and sometimes the most expensive,
component of solid waste system
cost. The incentives created by Unit
Pricing by reducing the impact of
landfill costs can help stabilize total
waste management system costs.
. Equity among customers. Flat-rate
billing and taxes make no distinction
between high- and low-level dispos-
ers. With Unit Pricing. customers
are charged according to the amount
of waste they dispose.
. Help in meeting legislated diver-
sion goals. The State of California.
as well as other states and counties
across the country. has mandated
recycling or disposal reduction goals
for communities within its jurisdic-
tion. Unit Pricing systems can create
incentives that encourage customers
to change their disposal habits to
help meet these goals.
y------
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--
How DO UNIT PRICING SYSTEMS
WORK?
The term "Unit Pricing" does not refer to
a particular pricing system, but rather
describes any funding system that
charges customers according to the
amount of waste disposed. Virtually all
current Unit Pricing systems can be
classified by one of the five types de-
scribed below. Additionally, minor
design elements within each system can
be tailored to meet a community's
unique solid waste goals.
rn VARIABLE CAN Customers
"subscribe" to a set number
and/or varying sizes of cans per
collection week. Alternatively, waste
collectors can record weekly setouts in a
route book and bill the customer accord-
ingly. Service is purchased on a per-can
basis.
6 BAG All refuse set out for
collection must be contained in
specially marked garbage bags
(usually marked with the city logo).
Bags are sold at a price that includes
some or all of the cost of providing
refuse collection and management
service. Service is purchased on a per-
bag basis.
@ TAG/STICKER Each container
Cit)'
Logo (bag or can) of refuse set out for
collection must have an official
tag/sticker on it (possibly marked with
the city logo). Tags/stickers are sold at a
price that includes some or all of the cost
of providing refuse collection and
management service. Service is pur-
chased on a per-tag/sticker basis.
printedali recycie,{jiape,:-
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refuse must be set out in a city logo-
marked bag, or in a bag or can accompa-
nied by a city tag/sticker (priced to contrib-
ute revenue for solid waste service),
WEIGHT.BASED Each can of
refuse is weighed as it is
dumped into the truck. Com-
puter records bill customers according to
the weight of refuse disposed,
~ HYBRID A set level of service
~;:.:, (one can or bag per week, for
example) is funded through
taxes or flat.rate billing. Additional
Below is, a chart displaying the strengths
and weaknesses of each system, Note:
Some incentives to reduce waste and recycle
(a strength), as well as potential risk of illegal
dumping (a weakness), are common to all,
UNIT PRICING SYSTEM CHARACTERISTICS
S .tem
Siren lis
Syslem rewards consistent waste reduction:
cornpatihlc with automatic and ...emi-
<lllh11llatic collection systems: fairly swhle
revenue stream; waste agency has many
options in the design ofrate structures.
VARIABLE CAN
BAG
Easy to implement and operate: can be
implemented rapidly; no billing system
needed: compatible with franchise or
contract haulers; allows customers Oexibiliry
in their dispo,allevel, while providing an
incentive 10 reduce even below one hag of
refuse: improves collector efficiency; give!'>
neighhorhoods a tidy appearance. with no
empty cuns on thc street; limits nr..'cd for
Customcr Service Representative\ (CSRs)
and enforcement.
Easy to implement and operate; can be
implemented rapidly; no billing system
needed; compatible with franchise or
contract system; allows customers flexibility
in their disposal level, while providing an
incentive 10 reduce even below one unil of
refuse: improves collector efficiency; limits
need for CSRs and enforcement; low
purchase and distribution costs.
TAG/STICKER
WEIGHT.
BASED
Offers flexible billing system options;
pound-by-pound charging system creates a
clear waste reduction and recycling incentive
at all disposal levels; requires no collector
judgment at the curb; generates excellent
data to target waste diversion and
mana ement ro ram modifications.
Fairly stahle revenue stream; low
implementation cost; politically easier to
implement than other systems; natural
transition step to other systems: discourages
illenal dum in
HYBRID
printed on recyded paper -
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"
Weaknesses
Most expensive system currently in
operation. because of billing. inventory. and
customer service costs; fixed suhsl.:ription
level removes week-to-week incent;ve to
reduce waste below that level; collectors
must insure that refuse is in approved
containers that are not over-wei hI.
Less compatible with automatic or semi-
automatic collection systems; provides
unstable revenue stream; has potential for
problems with animals scattering garbage
from damaged hugs; may encourage
customers 10 keep excess garbage for
following collection.
May be incompatible with automated or
semi-automated collection systems; provides
uncenain revenues; difficult to enforce
container size lim;ts at the curb; has
potentiul for animals scattering garbage
when used with bags; may encourage
customers 10 keep excess refuse for later
collection; confusion regarding assigned
value of taglstic1<.er can cause customer
service problems; tags/stickers can fall off in
cold weather.
Currently implemented on a pilot basis only;
new approach with minimal data available-
may be lough political sell; is potentially
expensive to set up. induding computer
systems. cans, and scales; results in slower
work for collectors under some system
desi ns.
Nn incentive to minimil.e waste below base
level; requires two-part revenue recovery
system (fixed and variable recovery); total
costs may not be apparent to customers.
3
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ARE UNIT PRICING SYSTEMS
OPERATING SUCCESSFULLY?
In the 1980s, only a small number of
Unit Pricing systems were operating in
places like Olympia, Washington:
Plantation, Florida: and Santa Clara,
California. As of January 1993, Unit
Pricing systems had spread to more than
1,000 communities with the potential to
expand to 1,800 communities by early
1994. At the time of this writing, more
than 20 Unit Pricing systems are in
operation in California.
The current surge of Unit Pricing sys-
tems can be attributed to their proven
success records in various communities.
For example:
. Santa Monica, California, popula-
tion 88,000, implemented a variable
can garbage rate system in April
1992. Santa Monica reports a 32
percent decrease in residential
tonnage disposed and a 13 percent
increase in tons recycled.
. Quincy, Illinois, population 40,000,
requires customers to place a pay-
ment tag/sticker on each unit of
refuse set at the curb. Quincy
reports a 20 percent decrease in
disposal tonnage (200 fewer tons per
month), and a 50 percent increase in
recycling program tonnage.
. Capital Regional District, British
Columbia (Victoria), includes four
"core" municipalities (total popula-
tion 200,000), each of which limits
collection of refuse funded through
property taxes to 100 liters per
4---~U
------- _ 2t...//
week. Additional refuse must be
accompanied by a separate pre-paid
garbage tag/sticker. The Regional
District currently diverts 34 percent
of its waste stream and is approach-
ing its goal of 50 percent diversion
by the year 2000.
. Seattle, Washington, population
500,000, has a variable can billing
system for refuse. Thirty percent of
Seattle's waste stream was diverted
in 1988, and 40 percent was re-
cycled by 1991. Even before
Seattle's curbside recycling program
began in 1987, variable rates helped
inspire residents to recycle 24
percent of the city's residential
waste stream.
WHERE CAN WE LEARN MORE
ABOUT UNIT PRICING?
The California Integrated Waste
Management Board has a series of
documents on the entire Unit Pricing
process, from initial consideration of a
new system to final implementation.
UNIT PRICING FOR SOLID WASTE: An
Introduction for Decision Me/ken
(Document # I 00-93-001) helps solid
waste managers decide whether some
kind of Unit Pricing system can benefit
their community. BEYOND THE DECISION:
Unit Pricing System Design and
Implementation (Document # I 00-93-
003) helps solid waste managers to focus
on one system and begin the planning
process. The RESOURCE GUIDE TO UNIT
PRICING FOR SOLID WASTE: Case Studies
and References (Document #100-93-
004) includes case studies and lists
additional sources of information about
Unit Pricing systems.
- ---- - --~-. ---.- - ~--- .--- --.pnntedoii recyc{ed pClper-
JUN-21-1~94 ~:~~
K!Nl:lo iNN ~ JJH:.UU
1.(;1.1.
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.
TO:
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,;'_''''-2~. -~,:.-~ d
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PROM:
a/lee/? C779CK-~m
MESSAGE.
TOTAL PAGES: ~
TIME: Q;30@PM.
017 L.3
.
~:,;-.:_,-.............;.....'_~ >', .,......,..,; ;:;'-I:",.",;',:~~.-J'.4M.,
,,:~~-,.<
REQUEST TO SPEAK
IN OPPOSITION TO .STAFF RECOMMENDATION
~/e7/ '9'1
AIJ8Ma I.... Na 6/5 .3 r
,lIIame 't!f2.
_P....l
:'Ad~'-t~j}: ';:,-P~~~i!;:;"'-&bf-1'~~'-'
!\1"..' '7'1'4 D!=~_ CS"'"-U ICltyl (ZIp) ~)
~~~-21-~~~4 ~S'~9
KI"!r:~
Representing
CN.,. or Oto.az~on. etcJ
IIV" ~ ~ .. _.....,... 5"--_
G....... . ~I ..... r-....... II'llJ'" 'J...""..8O 15....
UnrHr a.aa _ v_ Muni~ Cod. Sec1iQft 2.12.'1&. 'fOt,I ""'~
.....-u. fact th..:. you ndIor oMcel'$ or 8Q8ntL ... IfMI ~~r,~
CIOfttI'lbvt.d moN then .1,000 to...,. ~ InChe CUf'l'efq
or P'....."O cIeo1ion ...,woo: .nd are . epftdpant.- You....-
-Mrtloipefll" I' you .'e not . pOny but have . ftnltnClllll incernl in .'
aoverNM!'Itll dlleillon rrYd. by .... City CouftOil MIl ~1 to
fIllflu~t6.I~ ~ltCi5ioflo
09 you hllri . fin.ncfll int.,. in thie eotftde i18m7' v.._ No~
" 10. ttw. you .t't4101 your office,. or "lmls in the aggr8gat6.
contributcct more thu '1,000 to . c~r'. ~,n?
'1.a_ No~1f eo. giw cou~,""'. MIne
GIVE THIS TO THE CITY CLERk BEFORE THE MEETING
The MaV'" wi. call vau to the microphone at the lIPprapriaw time
!
CC47.2 ,,_
dl-s-iLf
JUN-21-1994 69'39
KINGS INN SAN DIEGO
P.63
June 21. 1994
Attn: City CouDcil
...~,~...-
I cannot ette'nd ,this . council meeting '.because of prev:i.ous
c:omlli ui.n'ts. but wish to' IItete I' find the staff recollmendation
. . to deny.reque8t..to~A~n!'E .,t..h~~~.~SJ,?,,!:~fo,!. .2.P~...,,1;.U4LAIU",yl.c1L.. .......'_~
"""":"''-~'~:a-to1J8'rtt1iftll'al''.-LlIld . ~\( . Me an exclusive contract "",,,ch
.~~'''-C1ni.ri4 V'll'st"l. and j{b"':''';)t:'Ii'~r<;"1d~ir service can be \18ed. I he ve
monthly dump receipts which cover the removel of yard waste
and hecause I use a trash compactor, I ollly generate one bag
of tresh in two weeks. We e1ao recycle the necesllary 1tells
in the mandatory recycle bin provided by the city.
It is not necessary to so to the dump weekly for the IImel1 allount
of trash we produce. and it is not a fair system to dictate
what we can do with our trash. and threaten to shut off our
water servic:e if we suspend trash service. I have not used
the weekly service for the past five years and find the fee
of $43.29 un-acc:eptable when we use the dump facility regularly.
We feel the city of Chula Villta has been granted llama type of
financ1.al interest. Ilot to arallt exemption" when they are not
a threat to the co.munity or an additional financial burdell
to bear for services not used.
Sincerely,
.. ::,",:: . _.
~~
Calvin & Colleen Jackson
1322 Crann Ave."'
Chu1a ~i.ta. CA"91911
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June 21,1994
Recoverable Resource Management
City of Chula Vista
Mayor Tim Nader and City Council Members
Mr. George Kremple, Deputy City Manager
276 Fourth Avcnuc
Chula Vista, CA 91910
Dear Mayor Nader, Council Members, and Mr. Kremple:
Re: Notice of intention to invoice the city for consulting services.
Thank you for your acknowledgement of my services which were stated in a letter I received from
Deputy City Manager, George Kremple on June 1, 1994. I, Teresa Aland, owner of Mother-A-
Land Recoverable Resource Management, have perfonned various services for the City of Chula
Vista. My services have been provided on a continuous basis while licensed in the City of Chula
Vista, and under the auspice of the INDWELLER, non-profit mutual benefit corporation, of which
1 am Executive Director. Many of these services have been provided on a gratuitous basis.
INDWELLER has developed trademark systems for commercial use. I have provided my
consulting services to INDWELLER. During the RFP process for solid waste services, I again
offered my services for the consulting on pertinent planning issues.
Since April 5, 1994, my research and educational mateJials have been employed in the
development of solid waste services for the City. I now seek compensation for the direct costs
and a fee for my work.
This new relationship better represents my activities and continuing involvement
1 look forward 10 discussing this with you at your earliest convenience. May 1 call upon your
receipt of this letter to discuss this matter. If full compensation is approved by you the below
charges would be appropriate:
Continuing consultation 4/5/94 to 6/6/94
240 hours at a consulting rate of $40.
Referral to U rhan Ore, Inc.
Total
$ 9600.
150.
$ 9750.
If approved by you, this would be payable upon receipt. Upon acceptance, 1 will follow this letter
with an invoice.
Cordially,
'.~~N
Teresa Aland Owner, MA
INDWELLER Executive Director
1433 Nacion Avenue
Chula Vista, CA 91911-5513
(619) 422-1145
dfp -/1
~ ,
~
""'::0........-_-
:/tilt
CllY OF
(HULA VISTA
OFFICE OF THE CITY MANAGER
June 15, 1994
The Honorable Pam Slater, Chair
Members of the Board of Supervisors
1600 Pacific Highway
San Diego, CA 92101
Dear Chairwoman Slater and Members of the Board:
RE: rtem #16, Amendment to Resolution No. 77 Revising the
Solid Waste Disposal Fee Schedule
This item which is before you today for action recommends an
increase in the tipping fee to $55/ton. As pointed out on Page 6
of the Board letter, setting the fee at $55 requires a deliberate
decision to fund either the Active Landfill Closure Reserve Fund or
the otay Liner expansion project.
Before considering the possibility of deferring the liner
expansion, we respectfully request that you address the following
specific questions:
o How will the decisions be made about which vehicles are
turned away from otay and given directions to go to Sycamore
or San Marcos Landfills?
o Who will be involved in making those decisions?
o When are those determinations to be communicated to the
affected customers?
o What considerations will be given to allow the system's
South Bay customers to adapt their operations to this change
as efficiently and cost-effectively as possible?
As you can imagine, a, last minute decision to turn away as-yet-
unidentified vehicles from the otay Landfill portrays a chaotic
situation which severely impacts individual haulers, businesses and
residents. Additional costs of such an action are ultimately borne
by the residents and business owners and require time to be
addressed.
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 919101(619) 691-5031
.
\~-It
'.\ .
The Honorable Pam Slater
June 15, 1994
Page 2
The new Solid Waste Authority has clearly sent the message that its
responsibility is to properly size the system to serve its member
cities. However, prudent management of the system would at least
ensure that you have asked the questions and received the answers
you require regarding the affect of your decisions on all of the
customers of the system before those decisions are made.
Sincerely,
~
D. Goss
Manager
cc: Mayor and City council
Members of the San Diego Solid Waste Management Authority
city of Imperial Beach
City of Coronado
CITY OF CHULA VISTA
~~
m
REALTOR@
1~!M OFFIC~BS
President
Jeri Vanderpool
President-Elect
Milch Complon
Vice President
Wayne Ansley
Treasurer
Diane Canedo
Secretary
David Wilson
Immediate Past President
Barbara Brown
Executive Vice President
Mark G. Marchand
Gl
EQUAL. HOUSING
OPPORTUNITY
Affiliated with
California Association
of REALTORS@
National Association
of REAL TORS@
REAL TOR@is a registered
collective membership
mark which may be
used only by real estate
professionals who are
members of the
NATIONAL ASSOCIATION
OF REAL TORS@ and
subscribe to its strict
Code of Ethics.
PACIFIC SOUTHWEST
ASSOCIATION OF REALTORS @
ill
~ @ I~ 0 [~7 [~ G11
1111'
JUN 131994 ~I
CITY COU~Cll OffiCES
CHUlA VISTA, CA
880 Canarios Ct.
Chula Vista, CA 91910
(619) 421-7811
FAX (619) 421-0087
June 9, 1994
The Honorable Tim Nader - Mayor
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Nader:
The Pacific Southwest Association of REALTORS@ has been quite
pleased with Patty Davis as our representative of the Economic
Development Committee and our Board of Directors has voted to re-
appoint her as our representative for another term.
We feel Patty has been and will continue to be an asset to the
organization. Please call me if you have any questions or if
there is anything further 1 need to do to insure Pattys re-
appointment.
Sincerely,
Mark G. Marchand
Executive Vice President
cc: Patty Davis
J/. q - J
\
~~~
~
~~~~
......""'"~~
RECEIVED mE CITY OF
'93 .p -9 1'12:2\ CHULA VISTA
~~~ ~m~~SSION/COMMI1TEE APPLICATION
Please Indicate Your Interest By Checking the Appropriate Line(s)
If You Check More Than One Line, Please Prioritize Your Interest
_____ Board of Appeals ~ Board of E~hics . Charter Review
Child Care Civil Service emsn Cultural Arts
~ Cmsm on Aging ~ _____ Design Rev emt Economic Dev.
_ Elderly & Handicapped cmt _ Growth Mgmt. Cmsm kHunan Rel. Cmsn
_____ Int. Friendship Cmsn _____ Ubrery Board of Trustees Mobilehane Rent Review Cmsm.
_____ Montgomery C.P.C. _____ Otay Valley Proj. Area emt Parks & Rec emsn
_____ Planning Cmsn Resource Consy emsn _ Safety emsn
_____ Town Centre Proj. Area emt _____ United Nations Day Cmt Youth emsn
Chula Vista 21 UC . CV OTHER
CllY OF
CHUlA VISTA
PLEASE PRINT CLEARLY
NAME:
(lASuJ
CITY: ~HuhA- \J /51 A- Ceo.. ZIP: q / 'J I 0
BUS. PHONE NO. ~ REGISTERED VOTER IN CHULA VISTA: ~ _
YES NO
HOME ADORE SS:
RES. PHONE NO.
DO YOU LIVE WITHIN THE CITY LIMITS OF CHULA VISTA? ~
YES NO
HOW LONG?
S ~<(/Z5
---------.----------.........._---_...._-----------..........-----------.------------------..-..--.-------------...-------
*Youth Commission Applicants ONLY: School Attending
Grade:
------------....-.--.......------.---------------..-...-....-----------.--.-------.--------...------------..-...----------
tf\ . Co
COLLEGES ATTENDED & DEGREES HELD: "'7AN 'Zit ~ n ::'it.41' t==
!vI;'\-<; t E-fL S ('^-.J Soc {lie.. w o~k....
PRESENT EMPLOYER: (\J.12. (jkh-Qk6!'rQ \:iOUS-f L4-S5~ POSITION: <;<...>p.PflUISn<< .::>L S,xro<.. S,jZVI~~
WHAT ARE YOUR PRINCIPAL AREAS OF INTEREST IN OUR CITY GOVERNMENT AND WHAT EXPERIENCElS) OR SPECIAL XNOWLEDGECAN YOU YOU BRING
TO THOSE AREAS?
)IAJ ('()}Je" ),A. IV k~ 7
;~(VcMUNl1- \N"..Jo MoAN U(4:'.s~SIPPI.t-'<p.,5
~~C vb TLv 1,/)MlD o~ VIe...rl-vf'S b:fl. C,p.,"'UN1fJ CO"-1f<".,> ~D If 5 'fL'--<.
WHAT WOULD YOU HOPE TO ACCOMPLISH BY YOUR PARTICIPATION? ~oc:{if-<- s;.PV ('4' fde~o.rw:> rJ t (!OJJ SUlt~JLr
-f;e- 1'"'-t' fJf1.f(; '? 7frz6f'T CC>Mf'^..urv If] (l.(! $7:JtJ<< Ce u,,0/&12- - \.u<D~LO
C-..1lC'( ib 0N0 My 'i~(\.rt::> To -KU.. ,~f"<, of. o,Nr:'ll(Ult'7
~ "J'-Q t i'r''N:> rv t N!0'O 0A/ N i-.C:r'a-L- )" Arc f7 (RiV<A wN2!C IN;/ '-V ({\.? 0; .
I ~amilQ :g (the re ponsibili . s 551: S ;:)oard/CootniSSion/Cootnittee Zhi~1 wish 3rve. f1o~;p-)'~
, . SIGNA URE J) h - J
CC-Oll
. . . PLEASE SH TNE R Sf SIDE Of THIS APPLICATION FOR VERY IMPORTAIlT LEGAL INFORIlATlON . . .
cc' OC~.f'-l\CCvV,1de.s
~ Vt..
2~~
~.-...;~......-::
~~""'--""'-
.............."'--.......
BOARD/COMMISSION/COMMI'ITEE APPLICATION
ellY OF
CHUlA VISfA
Please Indicate Your Interest By Checking the Appropriate Line(s).
If You Check More Than One Line, Please Prioritize Your Imerest.
_ Aging (Cmsm on)
2- Appeals (Board ot)
Cbarter Review
Child Care Cmsm
~ Civil Service Cmsm
CUltural Arts Cmsm
_ Design Review Cmsm
Economic Dev Cmsm
_ Etbics (Board ot)
-.!:L Growtb Mgmt Cmsm
....1.- Human Relations Cmsm
_ Int't Friendsbip Cmsm
_ Library Board of Trostees
Mobilebome Rent Review Cmsm
2.. Otay Valley Proj Area Cmt
Parks & Rec Cmsm
L Planning Cmsm
Resource CORSeV Cmsm
_ Safety Cmsm
Soutbwest PAC Cmt
_ Town Centre Prj Area Cmt
UC - CV
_ United Nations Day Cmt
-!!!,e~ffairs
~HER~~
...-." (')
mC')
::o:%;: I fTI
~c:: CI) -
vor- <
0.)00 ;e fTI
~:S 0 0
C')~ ~
rY'I. 0\
CITY: e/llvho, V,'SIA ZIP: '11'711
NAME:
e'Y1ri<;t-iAN
PLEASE PRINT CLEARLY
IS(,A~I H OL-MeS
HOME ADDRESS:
RES PHONE ~BUS PHONE #:
REGISTERED VOTER IN CHULA VISTA:_ V
YES NO
DO YOU LIVE WITHIN THE CITY LIMITS OF CHULA VISTA? /' _ HOW LONG? '"7 ye A r<;'
YES NO
.Youth COIDwi..wu AppIicaots ONLY: School AH......~ P fir I () .,vi F\ r- H-"'}M Sc-l--J 0(1 , Grade: I ()
COLLEGES ATTENDED & DEGREES HELD:
PRESENT EMPLOYER: (V) c. (jO (VA, tel s
POSITION: Gr " l ,
WHAT ARE YOUR PRINCIPAL AREAS OF INTEREST IN OUR CITY GOVERNMENT AND WHAT EXPERlENCE(S) OR
SPECIAL KNOWLEDGE CAN YOU YOU BRING TO THOSE AREAS? y'V\ Y f (' () Ii, e N-t ; ^ it.e res +
'N +-ltI.e ~;t-y Of 6f/\v1A V;~h~ is -I-he prohl.eMs
(.('vcJII.J;N(J> NC( +-"" we lecf of- fl-1.e uf-v.
Ov>( C--l . -I-N VVllttVy ~A~-!.S \;VAS A rf.... D .{JeAK ON
WHAT WOULD YOU HOPE TO ACCOMPLISH BY YOUR PARTICIPATION? \J A r 10 v 5 A cc. 0 u A.J 1- (
:1 I . Alo()v'/-. "h//lese prCJhtew
wcJvlo V,Off..- +-0 !"ru, Cll/V1fII sli1 by pArflt':lf'A~t^'3"
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C~_A . <?/~ /
SIGNATUR
(p- g-7'~
DATE
... PLEASE SEE THE REVERSE SIDE OF THIS APPI-r.\TlON FOR VERY tMPORTANT LEGAL INFORMATION...
-.r~ I b -:r
_ _.TL_
COUNCIL AGENDA STATEMENT
,,~#3';;~
Item
Meeting Date 6/21/94
ITEM TITLE:
SUBMITTED BY:
Resolution Ordering certain open space and maintenance
facilities to be maintained, approving modification to the Engineer's Report and
levying the assessments for Fiscal Year 1994-95 for Open Space District No. 10
contingent upon approval of the budget by Council
Director of Public Works ~
Director of Parks and Recreation
REVIEWED BY: City Manager
(4/5ths Vote: Yes_NoX)
Based upon the advice of the City Attorney, agenda items _ and _ have been separated due to conflict
of interest concerns. Council should note that agenda statement _ gives all background informatipn on
open space district in general which is applicable to the item, but does not include specific information
on Open Space Maintenance District 10.
At the June 14, 1994 public hearing, Council directed staff to revise the assessments to minimize
increases and return with a report on June 21, 1994.
RECOMMENDATION: That Council:
1. Adopt the resolution to approve modification to the Engineer's Report and levy the assessments
at $42. 18/EDU for Fiscal Year 1994/95 contingent upon approval of the budgets by Council.
2. Direct staff to reimburse staff costs at direct cost rate.
BOARD/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Back!!round
This agenda item is the yearly resolution to levy assessments for open space maintenance within Open
Space Maintenance District Number 10 located along East J Street, west of Paseo Ranchero. Table 1
relates last year's assessment to the proposed assessment for this year. The following agenda item
contains all the general information regarding open space districts, the district maps, engineer's reports
and a sample contract.
!
3:Lb-/ / 3~-J.-
~V~
ii!aiii!:
~~~~
CllY Of
CHUlA VISTA
THE CI'IY OF RECEIVED
CHULJt'i V'lS'nt :09
BOARD/COMMISSION/COMMlTIat~)ff~~~
Please Indicate Your Interest By Checking the Appropriate Line(s)
If You Check More Than One Line, Please Prioritize Your Interest
''\
_ Board of Appeala, '
Child Care
_ cmsm on Aging
- .,"~._,." "-"'-
_ Int. Friendship Cmln
_ Montgomery C.P.C.
_ Plamlng Cmln
_ Town Centre Proj. Aree Cnlt
Chula Vista, 21
_____ Board of Ethic.
Civil Service Cmln
_ Design Rev Cnlt
_____ Growth Mgmt. tmsm
_____ Library Board of Trustees
_ Ot.y Valley Proj. Are. Cmt
Resource ConIV Cmsn
_ United Nat I ana Day Cnlt
_UC" CV
Charter Review
Cultural Arts
Economic Dev. '
Hl.IMn Rel. emsn
_ Mobllehome Rent Review Cmsm.
Parks & Ree emsn
_____ Safety Cman
f_ Youth Cmsn
OTNER
,,, . j:~ J.
PLEASE PRINT CLFARLY
NAME: M f:t R... :::: 11 A LI... (?if"M. = IaN
HOME ADDRESS: /33'1 ~1f!G'.s7(NV 1P..c:., C1T~: e 11(.1,(14- V'l5: r iii- ZIP: 9/9//
RES. PHONE NO. 7/z z. 2.<I"! I BUS. PHONE NO. 7";. c-_ /0/7! REGISTERED VOTER IN CHULA VISTA: )c:"
/ YES -;;0
DO YOU LIVE WITHIN THE CITY LIMITS OF CHULA VISTA? ~ _
YES NO
HOW LONG?
~J 1//!..
~._..............__.__________.._.____..__....................__..__..................__..._......_..........___w.........
.Youth commission Applicants ONLY: School Attending
Grade:
...................--....-.....--.................................................................................-.......
COLLEGES ATTENDED & DEGREES HELD: DANA C"iJ.~r:tf C N6'(J/t..J
L
(";/ TZ C'., ........" M' e-o
PRESENT EMPLOYER: .;::, 1::- tv P '1?M.f M9 ~O POSITION: M ~~ S'fr1r::1c ,..J..,.rL (; r:?R.
WHAT ARE YOUR PRINCIPAL AREAS OF INTEREST IN OUR CITY G ERNMENT AND WHAT EXPERIENCE(S) OR SPECIAL KNOWLEDGE CAN YOU YOU BRING
TO THOSE AREAS?' - d
u.J.!dJ..r;.S41.q;... el.,b~ lv1"'rr~/z.oilf e,7'fi'7-./~)~ CJlV/.'-J, t//~\ ASiH<JNG-1?
All 0 OP6lFl At't""'~ IL ,~r- 1'f.I?.>r;. fJtJ.1'/'/t:.J::s ~ :r /,/jJY~ a Q, flo(t:...O Ir.IHJ IJ. ,~
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WHAT WOULD YOU HOPE TO ACCOMPLISH BY YOUR PARTICIPATION? 'C w~ vI... D LiD fG-- W 7fT'; IYJl
e n.c f<( J:., f) l'l tJ I\{ D 0. kJ /) A:: 'f (J "'" (). t &-' N' ~~ r C t1 "d,. D 0 f- f c;:../L..o Sath./1\
~.DVJ'c.&- AUf) ~r?lI//)../2.. a/kj 0 rv~eb- M 6">#"""-
I am familiar with the respont')illtles assigned to the Board/Commission/Committee on which I wish to serve.
lrAf J..d (%,.. t4- ~ - 7-71'
SIGNATURE :1.2. b -J DATE.
. . . PlEASE SEE THE REVERSE SIDE OF THIS APPLICATlOll FOR \/ERY IMPORTAIIT LEGAL INFORIIATlOll . . .
CO-Oll
Page 2, Item
Meeting Date 6/21/94
Assessment Schedule
TABLE 1
LAST FY VS. THIS FY ANNUAL ASSESSMENT AND % CHANGE
% Increase
I'y 92-93 I'y 93-94 I'y 94-95 or I'y 94-95
Assessment/EDU Assessment/EDD Assessment/EnD Decrease Assessment
Revenue
Open Space $83.46 $25.96 $42.18 62% $26,589
District No. 10
EI Rancho del Rey CostlEDU CostlEDU CostlEDU Budget
6 & Casa del Rey $135 $84 $87 4% $55,010
OSD 10's current assessment (FY 93/94) is only $25.96/EDU due to savings from prior years' being
used to reduce the assessment substantially below the cost of $84/EDU. These savings were accrued
because staff anticipated turnover of improvements associated with the Ladera Villas subdivision to
occur in FY 90/91. The City assessed the property owners based on the turnover schedule provided
by the developer and the developer subsequently delayed turnover for more than one year.
Additionally, the bid received to perform OSD 10's maintenance came in lower than FY 92/93 which
in turn reduced the amount of reserve required. As these savings, reflected in the fund balance,
exceeded the 100% maximum reserve permitted by the Municipal Code, the savings were returned to
the property owners in the form of a lowered assessment for FY 93/94. In other words, the savings
were used to subsidize the actual cost. The proposed assessment increase is primarily due to less
savings available to subsidize the cost, not cost increases.
Council has directed staff to calculate an assessment which would not exceed a 10% increase from the
current year unless savings had been used to lower the prior year's assessment below the cost. Staff
has done this, also taking into consideration the Municipal Code requirement (Section 17.07.030) to
maintain a 50% reserve!, This produces an assessment of $42.18/EDU representing a 62 % increase
over the current year. To limit the increase to 10% would require a change in the Municipal Code to
allow the reserve to drop below 50%. Limiting the assessment to a 10% increase would cause this
district's reserve to be reduced to 35%. This would not cause a problem during FY 94/95 but would
during FY 95/96. During FY 95/96, maintenance would be performed but the City would not have
enough funds to cover the cost until the assessment payments are received generally in January and May
after the December and April property tax bills have been paid. The shortfall of funds would have to
be covered by a General Fund advance or the payments for utilities or to the contractor would have to
be delayed which would probably cost the district more money in the long run.
The assessment proposed ($42.18/EDU) does not represent the cost to the district as the remainder of
savings ($45/EDU) is proposed to be used to subsidize the assessments for FY 94/95. Consequently,
I Note: The 50 % reserve is used to provide operating capital for the first six months of the year
during which time no, or few, funds have been received from the County for the district.
3~b~~
Page 3, Item
Meeting Date 6/21/94
to maintain the same level of service in FY 95/96 the assessment would increase from $42.18/EDU
to $87/EDU. As an alternative, Council could impose an assessment as high as $63.98/EDU (75%
reserve) without additional notification and hearings which would minimize the assessment increase
following year (FY 95/96). This was the staff recommendation in the June 14 Council report.
Budget
The Department of Parks and Recreation has proposed a 4% budget increase from $53,105 to $55,010
which represents a real costlEDU increase of $3.02. The major cause of the increase in the budget is
due to the water rate hike this year plus anticipated for next year totalling 23 %. The cost of irrigating
11 of 55 acres within this district will increase even though no additional water usage is proposed.
Staff is concerned about proposing any changes to the budget that have not been discussed with the
property owners. To reduce the budget would mean a reduction in the level of service. There is no
apparent mandate by the property owners to do this. Property owners were invited to a meeting in
January to discuss the proposed budgets and level of service. Budgets were then adjusted taking the
district's concerns into consideration and forwarded to the Department of Public Works. Public Works
then calculated an assessment which was less than the cost because of savings. The proposed
assessment was then forwarded to Council for their approval before notifying all residents of the current
assessment and the proposed assessment. Prior to the two public hearings, staff meets with the property
owners to discuss both the budget and the assessment. The only comment received during these
meetings was that government in general taxes too much. Not a single formal protest was received by
the City Clerk before or during the hearings. Consequently, staff supports the proposed budget with
the 4 % increase.
Cost Reduction
Public Works staff is reimbursed at a full cost recovery rate of 2.7 times the salary. This is not
consistent with the Department of Parks and Recreation whose staff time is reimbursed at the direct cost
rate only. Charging direct costs only to the OSD's would reduce the overall OSD cost by $7,000-
$14,000. It would also impact the General fund by the same amount each year. This change would
reduce OSD lO's budget in the future by $435 or $ 0.70/EDU. In smaller districts with lower budgets,
the impact can be as high as $23/EDU. The assessments and budget presented in this report do not
reflect the potential reduction in Public Works staff cost. The future budgets (FY 95/96) will reflect
the change and although staff does not propose changing the FY 94/95 budget, the savings will be
reflected in the district's fund at year end.
Policy Analysis
Staff recommends that any limit on open space increases be restricted to the budget, not the assessment.
The assessments of the past few years have been less than the cost in most cases because of the
tremendous amount of savings that accrued during one fiscal year (FY 90/91). During that year the
water districts restricted the City's use of water in response to the drought. The savings have not been
typical in subsequent years. However, the savings of that one year have been used over several years
to subsidize the assessments in an attempt to even out the peaks and valleys of the assessments. To
3.)0 -~
Page 4, Item
Meeting Date 6/21/94
limit the increase based on the assessment, would eventually cause OSD lO's level of service to be
decreased, which there is no evidence to staff that this is the mandate of the property owners in OSD
10.
Additionally, to limit increases would preclude the City from accepting additional open space for
maintenance in an existing district. For instance, in Eastlake Maintenance District No.1, Zone B (the
Greens), the increase is due to the medians associated with that development being ready for turnover
to the City. Staff recommends that any policy on increases specifically exempt district's where
additional improvements are being added.
FISCAL IMPACT: Staff cost associated with the open space program are generated by Parks and
Recreation, Engineering, and Data Processing. Contractual costs are shown in the Engineer's Report.
All costs are recovered through the Open Space District Assessments, causing no net fiscal impact.
Charging staff time at the direct cost rate would cost the General Fund $7,000 to $14,000 each year.
DDS:OS-OOl
Attachments: AssessmentlBudget- OSD10 - FY 94/95
Distr~~~~
Bar Clilr" v
~O~~94 Report and Attachments (provided under separate cover)
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Open Space District No. 10
2-year history and proposed FY94/95
FY 92/93
FY 94/95
FY 93/94
1_ COST
_ ASSESSMENT I
3cJ-6 -f
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20. PUBLIC HEARING OPEN SPACE MAINTENANCE DISTRICT NU 10 FOR
FISCAL YEAR 1994/95 - Based upon the advice of the City Attorney, the Open Space Distnc En
separated due to conflict of interest concerns. Council should note that agenda statement gives ba r
infonnation on all open space districts in general which is applicable to the item, but does not include spe ific
infonnation on Open Space Maintenance District 10. Staff recommends Council direct staff to tally all protests and
approve the resolution. (Director of Parks & Recreation and Director of Public Works) Continued from the
meeting of 6/7/94.
Minutes
June 14, 1994
Page 7
RESOLUTION 17531 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE
FACILITIES TO BE MAINTAINED AND LEVYING THE ASSESSMENTS FOR FISCAL YEAR 1994/95
FOR OPEN SPACE DISTRICT NUMBER 10 CONTINGENT UPON APPROVAL OF THE BUDGET BY
COUNCIL
Councilmember Fox stated his home was located within Open Space Maintenance District Number 10 and he would
abstain from participation and left the dais.
This being the time and place as advertised, the public hearing was declared open. There being no public testimony.
the public hearing was closed.
RESOLUTION 17531 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived.
Mayor Nader stated there was a 146% increase in the assessment and questioned why the cost of maintaining the
open space would more than double.
Donna Snider, Civil Engineer, responded that most of the increase was due to savings in prior years not being
available to lower the assessment.
Mayor Nader questioned if it was natural open space.
John Lippitt, Director of Public Works, responded there were portions that were landscaped and irrigated as well
as natural open space.
Mayor Nader questioned whether there were protests received regarding the assessment.
Ms. Snider responded that one person attended the property owner meeting held in April. The property owners of
both District 10 and 11 felt the cities were taxing too much.
Councilmember Moore felt the notice to property owners should include a span of three years, Le. the past rate,
present rate, and proposed rate. He recommended that if the increase exceeded $25.00 or 10% staff would be
required to include the rationale for the increase.
MSF (Moore/Nader) future billings to the property owners would include a three year spread and if the
change of increase was $25.00 or 10% the rational would he included. Failed 2-1-1-1 with Rindone opposed,
Horton ahsent, and Fox ahstaining.
Councilmember Rindone stated he voted against the motion due to the 10%. He was uncertain that was an
appropriate threshold, but concurred with the intent of the motion.
SUBSTITUTE MOTION: (Nader/Rindone) future hillings to the property owners would include a three year
spread and if the change of increase was $25.00 or 20% the rational would he included. Approved 3-0-1-1
J;)h -Ib
Minutes
June 14, 1994
Page 8
with Horton absent and Fox abstaining.
b~4J)-
CO~y
Mayor Nader questioned whether the district included the maintenance of any parks.
Mr. Lippitt responded that the park was general fund maintenance as well as the parks included in the other
maintenance districts.
Mayor Nader stated he was not going to vote for the resolution and with the absence of Councilmember Horton the
resolution would not pass. He felt that prior to development the open space was maintained without an assessment
and although there was a lack of participation by property owners in District 10, he felt the City should give the
people that were being assessed the opportunity to develop a plan for maintenance since they were the ones that
were paying for it. He understood that the reserves had lowered the assessment in previous years, but it was a large
increase during a recession.
Councilmember Moore stated the assessment in 1992193 was $83.00 and they used the reserves to bring it down
to $25.96. The cost of maintenance was not much different.
Mayor Nader stated he would support an amendment that would keep the assessment at the 1993194 level.
VOTE ON RESOLUTION: failed 2-1-1-1 with Nader opposed, Horton ahsent, and Fox ahstaining.
Mayor Nader there was unanimous consent by the Council to reconsider the resolution.
MSF (RindonefNader) to reagendize the item for the meeting of 6121194. Failed 2-1-1-1 with Moore opposed,
Horton absent, and Fox abstaining.
MOTION: (Nader) to maintain the assessments at last years levels. Motion died for lack of second.
Councilmember Rindone stated the district had used their reserves for a period of time to abate any increase. He
did not believe the residents of the area were advocating that the open space not be maintained. There was not a
significant increase, i.e. 4%. The majority of the change was due to the lack of reserves to reduce the assessment
as had been done in the past.
MOTION: (Rindone) to place the item on the 6121/94 agenda for reconsideration. Motion died for lack of
second.
Mayor Nader stated it had not been shown to his satisfaction that the need for the specific services provided justified
that drastic of an increase in the assessment.
Councilmember Moore stated the assessment had not been doubled. It had been reduced in the past due to the
reserves. He questioned what the status would be of Open Space District 10 if no action was taken by Council.
Mr. Boogaard stated ifno action was taken he would recommend that it be agendized for the 6121194 meeting. The
costs of the district needed to be financed.
Councilmember Rindone requested that Item 20 be agendized under his comments for the 6121194 meeting.
]>;) -b-Q
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 6/21/94
ITEM TITLE: Resolution 11c:;.<;6 - Finding Compensation of Unrepresented
City Employees Unfixed a~~~certain
SUBMITTED BY: Assistant City Manager 1!t'cfY)
~
REVIEWED BY: City Manager@ 4/5ths Vote: Yes No .JL
Constitutional constraints surrounding the City's ability to alter compensation
of its employees after service has been rendered requires the City Council to
adopt the attached resolution making the finding that compensation for
unrepresented City officers and employees is directly or indirectly tied to
compensation of represented employees and, as such, salaries of those represented
employees may not be fixed and definite on, or perhaps even sometime after, July
1, 1994.
RECOMMENDATION: Adopt resolution.
BOARDS/COMMISSIONS RECOMMENDATION: N.A.
DISCUSSION:
It appears as though negotiations with the four recognized bargaining units may
not be completed before the beginning of next fiscal year. While it is the
City's position at the table that any agreements reached after the start of the
fiscal year will not be retroactive, such an issue is and must be negotiable.
In the case of unrepresented employees or officers, constitutional constraints
would not allow for retroactive adjustments to compensation of unrepresented
employees or officers unless a declaration and finding by the City Council is
made that indicates that such compensation is directly or indirectly tied to the
compensat i on of represented emp loyees. Adopt i on of the reso 1 ut ion does not
automatically provide for retroactivity, but provides a mechanism whereby the
City Council can legally make that determination when the negotiation process is
complete.
FINANCIAL IMPACT: While the adoption of this resolution does not have an
immediate fiscal impact, if the City Counci 1 approves a retroactive compensation
package as a result of the negotiations process, there will be a future fiscal
impact, the amount of which is unknown at this time.
SWM:mab
0---/
RESOLUTION NO. (7~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA FINDING COMPENSATION OF
UNREPRESENTED CITY EMPLOYEES UNFIXED AND
UNCERTAIN
WHEREAS, the City is involved with negotiations with its
represented employees to determine compensation to be paid to
represented employees for a period of time subsequent to the
expiration of existing Memoranda of Agreement with said represented
employees' recognized representatives; and
WHEREAS, negotiations
representatives may not be completed
next fiscal year; and
with said recognized
prior to the beginning of the
WHEREAS, the compensation of unrepresented officers and
employees in the city is directly or indirectly tied to the
compensation of represented persons.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council
of the City of Chula vista does find and declare that all
compensation for unrepresented City officers and employees is
directly or indirectly tied to compensation of represented City
employees and therefore is not fixed and definite on and after July
1,1994.
BE IT FURTHER RESOLVED that the city Council of the City
of Chula vista does further find that, due to the expiration of
existing labor agreements with represented bargaining units on July
1, 1994, and the duty of the city to meet and confer with them, the
compensation of represented City employees is neither fixed nor
certain as of July 1, 1994.
BE IT FURTHER RESOLVED that the City Council does hereby
direct that the salaries and compensation for both represented and
unrepresented employees shall remain the same until such time as
the City Council takes further action.
Approved as to form by
4... ih. ~"Ji
Bruce M. Boogaar , City
Attorney
Presented by
sid W. Morris, Assistant
City Manager
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