HomeMy WebLinkAboutAgenda Packet 1994/06/14
Tuesday, June 14, 1994
6:00 p.m.
1If declare ",ncler penalty of perjury that i afiI
_ployed by the City of Chula Vista in tha
Office of the City Clerk and'that I posted
tllis A<;en~cl/No',ice on the Bulletin Board at
.. ;'u"l.c :iorvices Bu:idln', and at City Hall on Council Chambers
DATE'), tn jCf! 'N SIGi~~ [Cp~ "Public Services Building
Re.ular Meetin. of the Citv of Chula Vista Citv 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:
May 17, 1994; May 23, 1994; May 26, 1994; and June I, 1994.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Clayton Gingerich - Board of Appeals and Advisors; Marie Miehls - Child Care
Commission; and, Emerald Randolph - Child Care Commission (ex-officio).
b. Proclamation commending Dr. Ginger Hovenic "National Distinguished Principal" - The
proclamation will be presented by Mayor Nader to Dr. Ginger Hovenic, Principal of Clear View
Elementary School.
c. Proclamation commending Suzanne Jung upon thirty years of dedicated service - The
proclamation will be presented by Mayor Nader to Suzanne Jung, Senior Librarian in charge of
Children's Services.
"'''''''''''''
Effective April I, 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 17)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Form H available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter requesting the City support the San Diego Audubon Society's request for financial
assistance from tbe Port of San Diego to fund subscriptions for educational material for
elementary schools and to express the City's support to the Port of San Diego - Ray West,
Chairman for Education, San Diego Audubon Society, 2321 Morena Blvd., Ste. D, San Diego,
CA 92110. It is recommended that staff be directed to draft a letter for the Mayor's signature in
support of the Audubon Society's request.
Agenda
-2-
June 14, 1994
6. ORDINANCE 2593
ADDING CHAPTER 2.39 TO THE MUNICIPAL CODE
ESTABLISHING A VETERANS ADVISORY COMMISSION
(second readiOl! and adoution) - On 3/15/94, staff was advised to
prepare an ordinance amending the Municipal Code to add a section
establishing the Veterans Advisory Commission. Staff recommends
Council place the ordinance on second reading and adoption. (Director
of Personnel)
7.A. ORDINANCE 2594
AMENDING TITLE 15 OF THE MUNICIPAL CODE BY
AUTHORIZING THE CITY MANAGER TO REFUND
UNEARNED PERMIT FEES IN SPECIFIED SITUATIONS (first
readin!!) - 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 first reading and approve
the resolution. (Director of Public Works)
APPROPRIATING $15,000 FROM THE UNENCUMBERED
BALANCE OF FUND 220, SEWER INCOME FUND, AND
$70,000 FROM THE UNENCUMBERED BALANCE OF FUND
222, TRUNK SEWER CAPITAL RESERVE FUND - 4/5th's vote
required.
B. RESOLUTION 17520
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
THEREFOR - 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 submitted 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.
(Administration) 4/5th's vote required.
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)
ACCEPTING BIDS AND AWARDING CONTRACT FOR
ASPHALTIC CONCRETE - On 5/31/94, bids were received for
furnishing the requirements for asphaltic concrete for street
maintenance. The estimated usage for fiscal year 1994/95 is 4,500
tons. The material will be picked up at the vendor's plant. Staff
recommends approval of the resolution. (Interim Finance
Administrator)
10. RESOLUTION 17523
Agenda
11.
RESOLUTION 17524
12.
RESOLUTION 17525
13.
RESOLUTION 17526
-3-
June 14, 1994
APPROVING THE MEMORANDUM OF UNDERSTANDING
WITH THE CALIFORNIA BUSINESS INCUBATOR NETWORK
FOR THE DEVELOPMENT OF AN ENVIRONMENTAL
INCUBATOR FACILITY AND RELATED CONTRACT
BETWEEN CALIFORNIA BUSINESS INCUBATOR NETWORK
AND BUSINESS CLUSTER DEVELOPMENT; AND, RE-
APPRORPIATE $10,000 THEREFOR FROM THE BORDER
ENVIRONMENT AL COMMERCE ALLIANCE COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS - In early 1993, Council
directed staff to pursue the development of an "Environmental
Enterprise Zone" and formed a subcommittee including
Councilmembers. The Task Force proposed the creation of a regional
Border Environmental Commerce Zone (BECZ). On 417/94, Council
approved restructuring the program as a "Border Environmental
Commerce Alliance" (BECA). In February 1994, CALEPA and the
California Trade and Commerce Agency announced support for three
environmental business cluster incubators to be located statewide, as
part of the State's California Environmental Technology Partnership
(CALETP). The incubators will be located in Thousand Oaks, San
Jose, and Chula Vista. Staff recommends approval of the resolution.
(Director of Community Development) 4/5th's vote required.
APPROVING CHANGE ORDER NUMBER FIVE FOR THE
SOUTH CHULA VISTA LIBRARY WITH DOUGLAS E.
BARNHART, INC., FOR CITY INITIATED, UTILITY OR CODE
REQUIREMENTS, HVAC COORDINATION, AND FORCE
ACCOUNT WORK AND AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS TO EXECUTE THE CHANGE ORDER ON
BEHALF OF THE CITY -Change Order Number 5 is composed of
twelve elements: (1) adding one drain; (2) moving two media plugs;
(3) changing locker types; (4) tying roof drain into perimeter drain; (5)
providing sheet metal gutters; (6) adding two wood louvers; (7)
accepting originally specified carpet (8) adding detector check valve to
fire hydrant; (9) changing water coolers; (10) adding drywall to
bookdrop room; (II) adjusting HV AC duct size; and (12) force account
work for framing. Change order Number 5 totals $93.416. Staff
recommends approval of the resolution. (Director of Public Works and
Library Director)
APPROVING A CONTRACT FOR FIREWORKS DISPLAY FOR
JULY 4,1994 AND ENTERING INTO AN INDEMNIF1CATION
AGREEMENT WITH THE SAN DIEGO UNIF1ED PORT
DISTRICT - The City is in the process of fmalizing plans for the
Fourth of July Community Pride Festival and Fireworks display to be
conducted on the Chula Vista Bayfront. A contract with the vendor
supplying and launching the fireworks has been finalized, and the City
has been asked to enter into Indemnification Agreements with Rohr
Industries and the San Diego Unified Port District. Staff recommends
approval of the resolution. (Director of Parks & Recreation)
Agenda
14.
ItESOLlYfIO~ 17527
15.
ItESOLlYfI()~ 17528
16.
ItEP<>RT
17.
ItEPORT
-4-
June 14, 1994
APPROVmG A MEMBERSHIP m THE CALIFORMA
HEALTHY CITIES PROJECT; AND A GRAm ItEQUEST m
THE AMOUNT OF $5,000 TO HEALTHY CITIES - In October
1993, Cbula Vista was selected to receive one of the five California
Healtby Cities Project Special Achievement Awards for its senior safety
net program, PROJECT CARE. Following the award presentation, the
City was asked to submit a project proposal and apply to become one
of the state's "Healthy Cities". The City has decided, in collaboration
with South Bay Community Services, to produce a "publication for
youth, by youth" as the first year project for its Healthy Cities
application. The project will be a cooperative effort involving the City,
South Bay Community Services' Kidz Biz Program, and the Chula Vita
Youth Coalition. Staff recommends approval of the resolution.
(Director of Parks & Recreation)
APPROYmG UNCOmROLLED EMBANKMENT AGItEEMEm
FOR FILL AT PROPERTY O~ OTAY VALLEY ROAD, EAST
OF THE AUTO CEmER (AP~ 644-040-40), AND
AUTHORIZING THE MA YOR TO EXEClYfE SAME - Fred Borst,
owner of property on Otay Valley Road known as APN 644-040-40,
has requested permission for an uncontrolled embankment. According
to Section 15.04.285 of the Municipal Code, all uncontrolled
embankment agreements must be approved by Council prior to issuance
of the grading permit. Staff recommends approval of the resolution.
(Director of Public Works)
INDUSTRIAL ZONmG 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)
PROPOSED FOCUSED PLA~ING AItEA CRITERIA FOR THE
MULTIPLE SPECIES CONSERV A TIO~ 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 participatingjurisdictions 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. 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
refined to be more directly applicable to Chula Vista and the other
participatingjurisdictions. (Director of Planning) Continued from the
meeting uf 5/24/94.
· · END OF CONSENT CALENDAR · ·
Agenda
-5-
June 14, 1994
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by low. If you wish to
speak to any item, please fill out the "Request to Speak Form" 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 recommendntion; complete
the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
18.
PUBLIC HEARING
CONSIDERA nON OF THE ADOPTION OF THE BUDGET FOR
FISCAL YEAR 1994/95 - Council has held work sessions to consider
and discuss the proposed Fiscal Year 1994/95 budget. The public
hearing is designed to receive additional citizen input and to adopt the
proposed Fiscal Year 1994/95 budget. Staff recommends Council
accept public testimony and adopt the proposed budget as amended
during the review sessions and as may be further amended as a result
of the public hearing. (Administration)
RESOLUTION 17529
APPROVING ADOPTION OF THE FINAL BUDGET FOR THE
FISCAL YEAR BEGINNING JULy 1, 1994 AND JUNE 30,1995
19.
RESOLUTION 17530
ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE
FISCAL YEAR 1994/95 PURSUANT TO ARTICLE xurn OF
THE CALIFORNIA CONSTITUTION - To establish the Gann
appropriations limit at $140,238,596 for fiscal year 1993/94, Council
must adopt a resolution at a regularly scheduled meeting or noticed
special meeting. Staff recommends approval of the resolution.
(Interim Finance Administrator) This resolution does not reQuire a
Duhlic hearin~ but is a related item.
20.
PUBLIC HEARING
OPEN SPACE MAINTENANCE DISTRICT NUMBER 10 FOR
FISCAL YEAR 1994/95 - 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 include specific information 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 617194.
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
Agenda
-6-
June 14, 1994
21.
PUBLIC HEARING
OPEN SPACE MAINTENANCE DISTRICTS 1-9, 11, 14, 15, 17,
18, 20, 23, 24, AND 26, AND BA Y BOULEVARD, EASTLAKE
AND TOWN CENTER MAINTENANCE DISTRICTS FOR
FISCAL YEAR 1994/95 - 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 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.
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
RESOLUTION 17532
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is !l!l1. an item on this agenda. (State law, however, generally prohibits the City
Councilfrom talcingaction on any issues not included on the posted agenda.) If you wish to address the Council
on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" available
in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name
and address for record purposes and follow up action. Your time is limited to three minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and sttiffrecommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
22.
RESOLUTION 17533
ADOPTING THE AMERICANS WITH DISABILITIES ACT
(ADA) COMPLIANCE PROGRAM AND GRIEVANCE
PROCEDURE - This item has been previously presented at a Council
Workshop on 1/28/94. At that time, Council directed staff to solicit
additional public comments on the City's ADA compliance efforts and
incorporate such comments into the compliance program. Staff has
held two additional public meetings for this purpose, and is now
presenting the plan to Council. Staff recommends approval of the
resolutions. (Director of Building & Housing, Director of Public
Works, Director of Personnel, and Director of Parks & Recreation)
Agenda
-7-
June 14, 1994
23.
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)
24.
REPORT
UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report
will be given by staff.
25.
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 puUed at the request of the public will be considered prior to those pulled by Councilmembers.
PubUc comments are limited to five minutes per individual.
OTHER BUSINESS
26. CITY MANAGER'S REPORT/Sl
a. Scheduling of meetings.
b. Report on negotiating process for 1994/95.
27. MAYOR'S REPORT(SI
a. Fee charged for Council minutes.
28. COUNCIL COMMENTS
Councilman Fox
a. A November Special Election/Advisory Vote Proposal for vacancy on Council Seat Number 3.
Agenda
-8-
June 14, 1994
CLOSED SESSION
Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will
discuss and deliberate on the following items of business which are permitted by law to be the subject of a closed
session discussion, and which the Council is advised should be discussed in closed session to best protect the
interests of the City. The Council is required by law to return to open session, issue any reports of final action
taken in clased session, and the votes taken. However, due to the typical length of time taken up by clased
sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from
closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
29. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Goverrunent Code Section 54956.9
. Hummell vs. the City of Chula Vista.
. City of Chula Vista vs. County of San Diego and Aptec.
30. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Goverrunent Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, lAFF, 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.
31. REPORT OF ACTIONS TAKEN 1N CLOSED SESSION
ADJOURNMENT
The meeting will adjourn to the Regular City Council Meeting on June 21, 1994 at 6:00 p.m. in the City Council
Chambers.
June 9, 1994
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council ~
John O. Goss, City Manager 1G ~ 'J/
City Council Meeting of June 14, 1994
This will transmit the agenda and related materials for the regular City Council
meet ing of Tuesday, June 14, 1994. Comments regard i ng the Wr i tten Commun i cat ions
are as follows:
a. This is a letter requesting that the City support the San Diego Audubon
Society's request for financial assistance from the Port of San Diego to
fund subscriptions for educational material for elementary schools. IT IS
RECOMMENDED THAT STAFF BE DIRECTED TO DRAFT A LETTER FOR THE MAYOR'S
SIGNATURE IN SUPPORT OF THE AUDUBON SOCIETY'S REQUEST.
mab
,~
COUNCIL AGENDA STATEMENT
Item
~j;,
Meeting Date. 6/14/94
ITEM TITLE: Proclamation - COMMENDING DR. GINGER HOVENIC
SUBMITTED BY:
Mayor Tim Nade~1?
(4/5ths Vote: Yes___ No x1
The proclamation COMMEND~NG DR. GINGER HOVENIC NATIONAL DISTINGUISHED
PRINCIPAL will be presented by Mayor Nader to Dr. Ginger Hovenic,
Principal of Clear View Elementary School.
Form A-113 (Rev. 11/79)
J/IJ-j
COMMENDING DR. GINGER HOVENIC
NATIONAL DISTINGUISHED PRINCIPAL
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, the National Distinguished Principal Program, sponsored by the
National Association of Elementary School Principals, the U. S. Department of Education
and VALlC (an American General Corporation) recognizes principals for excellence in
leadership at the elementary and middle school levels;and
WHEREAS, Dr. Ginger Hovenic, Principal of Clear View Elementary School since
1991, was selected Elementary School Principal of the Year for the Association of
California School Administrators, Region 18; and
WHEREAS, under Dr. Hovenic's leadership and guidance, Clear View Elementary
School has been named as a California School of Distinction, and Model Technology
School for the Nation; and
WHEREAS, Dr. Hovenic will represent the outstanding principals of the State of
California as a National Distinguished Principal in Washington, D. C. in September
1994:
NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California,
do hereby COMMEND DR. GINGER HOVENIC NATIONAL DISTINGUISHED
PRINCIPAL in the City of Chula Vista, California and extend my very best personal
wishes for continued success in all her endeavors.
tJ h - J...
COUNCIL AGENDA STATEMENT
Item
tfc
Meeting Date' 6/14/94
ITEM TITLE: Proclamation - COMMENDING SUZANNE JUNG UPON THIRTY YEARS OF
DEDICATED SERVICE TO THE CITY OF CHULA VISTA
SUBMITTED BY: Mayor Tim Na~JP (4/5ths Vote: Yes_ NO..1lli.)
The proclamation COMMENQING SUZANNE JUNG will be presented by Mayor Nader to
Suzanne Jung, Senior Librarian in charge of Children's Services.
Form A-113 (Rev. 11/79)
tic - I
SAN DIEGO AUDUBON SOCIETY
2321 Morena Boulevard, Suite 0 . San Diego CA 92110.619/275-0557
, ,
May 27!J<<94 ~
~ .
~ .
!fir-
~ !!
""-
'a;: I
of a request for financial assistance
Society has placed before th~,Port of
Barbara Bamberger
Environmental, Resources
City of Chula Vista
276 4th Avenue
Chula Vista, CA 91916
Manager
Dear Barbara:
I am enclosing a copy
that'the San'Die,go Audubon
San Diego.
The requested assistance will fund subscriptions for
education material for elementary schools and will be provided at
no cost to the schools. The-material is, developed to target 4th,
5th and 6th grades and will be provided to schools in Chula Vista,
along with San Ysidro, Imperial Beach, and Nationai City.
Schools in the Chula Vista Elementary District'that will
receive these materials are listed on the attachment to this
letter . '
,
The educational material is named "AUDUBON ADVENTURES" and is
pUblished and provided by the National Audubon Society to
designated classrooms on a bimonthly basis (6 issues per school
year plus one special issue for Earth Month). Each issue deals
with a SUbject relating to the natural world, conserVation,
recycling, pollution 'and the like. A copy ~s provided for each
student, up to a maximu\ll of 32 per class and a special leade'r I s
guide is included for the teacher; This is a teaChing aid that
has been enthusiastically accepted throughout the country and has
been incorporated by ma~yteacher~ into their curriculums her~ in
San Diego County and across the country. \
Port of San Diego funding of these su~scriptions for the'
upcoming school year will be an immense contribution to the ,
children (future citizens) of San Diego and Chula Vista far beyond
the dollars involved, and at no cost to the public school system.
There are no hidden costs~ the funding requested will be used
solelY for SUbscriptions.
We reques~ that the City of Chula Vista support our request
for financial assistance from the Port of San Diego and that
support be ex'pressed to the 'Port of .san Diego. Our children will
clearly 'benefit ftom this both now and in the future.
=-
rrI
(')
'"
<:
",
c
, ,
C '; ~ry (7(J< ,ou,. '".podfu11,< .
C .~;r /' ~ u)~J . '
j ~ . ~?, ~~ ~ ,~a~st ". 5; - / ~ t.)t~;I
tf4CI~ r"h Ch~i;~~n for Edu,tatwn """ '/ -:'.5
6~4 rtJ/L WRITTEN COMMUNICATIWft
Chula Vista Schools
Castle Park
Clear View
East Lake
Fred H. Rohr
Harborside
Hazel Goes Cook
Hilltop Drive
J. Calvin Lauderbach
John J. Montgomery
Juarez-Lincoln
Karl H. Kellogg
Lilian J. Rice
Loma Verde
Los Altos
Mae L. Feaster
Myrtle S. Finney
Palomar
Robert L. Mueller
Rosebank
Silver Wing
Vista Square
Classes in Grades 4 through 6 in Chula vista
Children involved (x 30 per class)
~'r;1
169
5,070
REQUEST FOR FINANCIAL ASSISTANCE
1994-95
QUESTIONNAIRE
1.
Official Name of Requesting Organization:
The San Diego Audubon Society
(SDAS).
Ma~ling Address: 2321 Morena Boulevard, Suite D, San Diego, CA 92110.
Contact Person:
Ray West, Education Chairman
Daytime Phone: (619) 275-0557 or 448-3119Fax Number:
2. Nature and Purpose of Request: To provide funding of our community education
program, Audubon Adventures, which will be made available to 464 fourth,
fifth and sixth grade classes in the South Bay area.
3.
a)
Is this a one-time request, or will it recur annually? Annually.
b) Have you requested financial assistance from the Port before? No.
If yes, when?
4. All financial assistance granted by the Port District must be for a purpose
directly related to the Port's trust: the promotion of commerce, navigation,
fisheries and recreation on the tidelands administered by the Port. Please
identify and explain the rationale which makes your request consistent with those
purpose"s: The Port District's Five Year Action Plan for a Clean San Diego Bay
published in 1992 states that one of the District's public educational efforts will
be the "Implementation of school education programs at primary and secondary
levels." The SDAS agrees with the Port that this educational strategy is
consistent with the Port's trust, as fisheries and recreation on the tidelands
can benefit from the the increased awareness and understanding generated by
these programs. Audubon Adventures directly supports the Port District's
stated goals.
5.
Amount requested for 1994-95 $ 14,140.00
(Attach budget details.)
St:L .3
Page 1 of 2
Request for Financial Assistance
6. Current year 1993-94 sources of funding from other public agencies or other
sources:
Orqanization
/\mount
SDAS (30 classes at $30!ea.)
$900.00
Total $ 900.00
7. Amount requested and/or approved for 1994-95 fiscal year from other public
agencies or other sources:
Orqanization
Amount
SDAS (30 classes at $35!ea.)
$1050.00
NAS (20 classes at $100!ea.)
$2000.00
Total $ 3050.00
8. Equal Opportunity Proqram -- Port District pclicy requires submittal of
information relative to the work force composition of all potential contractors,
consultants, and others doing business with or receiving financial assistance
from the Port District.
All organizations requesting financial assistance from the Port District shall
include with their request a current work Force Survey, UPD Form No. 221, a copy
of which is enclosed. The survey should include all paid employees, as well as
members of the Board of Directors or other governing board.
Organizations granted funding from the Port District shall make good faith
efforts in accordance with the Port District's Disadvantaged Business Enterprise
(DBE) program to ensure that DBEs, certified small business concerns owned and
controlled by socially and economically disadvantaged individuals, have the
maximum opportunity to compete for and perform contracts, services and vendor
purchases. Monthly reports showing contracts, services, and vendor purchases may
be requested from organizations granted funding.
Questions pertaining to the Port District's Equal Opportunity Program
requirements should be directed to Elizabeth Moore-Stump, Director of Equal
opportunity Program Management, telephone 686-6420.
ALL INFORMATION REQUESTED ON THIS QUESTIONNAIRE MUST BE COMPLETED AS A CONDITION FOR
BEING CONSIDERED BY THE BOARD OF PORT COMMISSIONERS.
Set. - i-
Page 2 of 2
cJ~S~...
.,~...,. . '",.,
.0 k--:-; , ..~,;o'b
. -..
c: ,-
\' .-....1:'
,~ ..... ,"
Ao.,o
PO\!d 2t~~~ir ~~~go
16191291.3900. P.O. Box 488. San Diego. California 92112
WORK FORCE SURVEY
This annual report reflects a finn's current work force composition and employment rends. The report
should cover the twelve month period preceding the report date.
Please compete this .Work Force Survey" in ink or with typewriter. Completed report should be signed
by a representative of the company who has responsibiiity in implementing firm's hiring, p.-omotion, and
employee tennination policies.
Section A - COMPANY WENIlFIC,\TION
1. Company: '. . .
5Cq\ '11i eO. [) LA.AvJ~A/L Sbc0 r?/ n
2. Address:
2,,::/2.--\ HOC€XL0_::Bfvd. -~-te.... p
3. City:
c::::
a. State:
CA
4. Tc:lephoneNumbe :((;,\,,\) 7--~- 055:f-
5. Employer Identification Number: V'i e.. o....-\n...e......
U\"u?~ U . . t,'YJ ~ I)
v
-"
Section B - CERTIF1CATION
I cernfy that the information given in this report is correct and true 10 the best of my knowledge.
1. Name ofPelSOn to Contact Regarding this Form:
e.c::s
a. Dates Covered bvejn: 6/
a\tL.i? Y'-'UI1 from: ~ \~IO: '3C;/qc,.
Title:
). J / 77
2.
3.
4.
s.
REQUEST FOR FUNDING
Puroose:
To support the stated Port District environmental education goals through
sponsorship of the nationally acclaimed Audubon Adventures program offered
to primary school children in grades fourth, fifth and sixth.
Scooe:
This funding will enable SDAS to provide a one-year subscription of Audubon
Adventures to 464 fourth-sixth grade classes in National City, Imperial Beach,
Chula Vista and San Diego. (List of schools and classrooms attached.)
Background of Proiect:
Audubon Adventures is the community-supported, primary school program
created by the National Audubon Society (NAS) to help children in grades 4-6
discover the wonders of nature. Audubon Adventures' classroom materials
stimulate curiosity and help children to develop an appreciation and respect for
our environment. Audubon Adventures has become the largest school-based
environmental youth club in the world. This program features learning materials
that encourage the child's interest in nature. Each child in the classroom
receives six issues of Audubon Adventures of their very own throughout the
school year. The teachers receive a Leader's Guide to accompany each issue
of the student newspaper that they may use to help them incorporate lessons
and activities into the class curriculum. After the materials are used in the
classroom setting the child may take the newspaper home to share with his/her
parents. While the topics of Audubon Adventures change each year, past
subjects have included:
. Oceans
. Owls
. Marine Mammals
. Recycling
. Tropical Forests
. Songbirds
* Animal Tracks
* Bats
. Spiders
Justification:
The Port District outlines their environmental education program goals in the
Five Year Action Plan of 1992: "To educate the public and bay users of the need
to protect San Diego Bay as an important regional and national resource, and
to provide information to aid in developing a sense of individual responsibility
for protecting the bay as well as a better understanding of the "state of San
Diego Bay.' The materials provided through the Audubon Adventures program
are uniquely positioned to support these goals. (Samples of materials
attached.)
s;.-~
Port Recoanition:
Upon receipt of this Port District funding, the SDAS agrees to:
. Conduct a news conference an.d issue a press release with/to the
major and local media regarding the program and the Port
District's contribution.
. Issue a formal notification of the Port District's contribution to all of the
participating schools and principals.
. Acknowledge the Port District's contribution with a feature article in our
monthly publication Sketches. (copy attached.)
. Notify the National Audubon Society of the Port District's contribution.
. Pursue the possibility of an article to be published in the Audubon
magazine.
Proiect Funding:
The SDAS has identified 404 classes on or near to San Diego Bay. The area
served includes schools in National City, Imperial Beach, Chula Vista and San
Diego, west of 1-805. These area schools are within the Watershed of San
Diego. The traditional Corporate membership for this program is $100 per
class, however in order to maximize the Port District's funds, the NAS is
committed to subsidizing the subscriptions at a rate of $35 per class when
purchased through a local Chapter. The SDAS has traditionally funded the
Audubon Adventures program with their annual Birdathon funds and we will
continue to contribute these funds in the future. The NAS has contributed an
additional $2000 to this program, however the funds must be allocated at the
traditional Corporate membership rate of $100 per class.
Proiect Exoenditures:
All funds will be used exclusively for Audubon Adventures subscriptions. Any
funds not spent will be returned to the Port District. A full accounting of funds
will be submitted with final report.
Who We Are:
The National Audubon Society (NAS):
The NAS is a conservation organization of more than 500,000 members
working at international, national, regional, state and local levels toward the
preservation and wise use of our natural heritage by providing leadership in
scientific research, wildlife protection and conservation education.
~~?
The San Diego Audubon Society (SDAS):
The SDAS is one of the largest chapters of the National Audubon Society.
Since it was founded in 1920, SDAS has grown steadily and now has over
3,500 members. Although SDAS is in\(olved in a number of different activities
and conservation efforts here in San Diego, the education of young people is
one of their most important goals. In addition to coordinating the Audubon
Adventures program for local schools over the past years, they also conduct
nearly 60 slide presentations on botany, horticulture, birding and other topics at
San Diego schools annually and they also help judge San Diego's science and
Engineering Fair.
Budget:
Subscription to Audubon Adventures:
Port District contribution:
(404 So. Bay City classes at $35/class)
SDAS Birdathon contribution:
(30 classes at $35/class)
NAS Corporate Donation:
(20 classes at $100/class)
$14,140
$1,050
$2,000
~---------------------------------------------------------_.-.---------------------
Total Project Costs
$17,190
~-r
-.
c~ COUNCIL AGENDA STATEMENT
~~~ .
l-~~ .~
S>\~~
~~~
~a ITEM TITLE:
ITEM
MEETING DAT~~ ~/t'4/q<{
/,
~.59.3
ORDINANCE to emend the Municipal Code edding
establishing the Veterans Advisory Commission.
e section
SUBMITTED BY: DIRECTOR OF PERSONNEL db-
REVIEWED BY: CITY MANAGER 1(; ~ j( (4/5th Vote: Yes_ No.lt.l
At the March 15th City Council meeting, staff was directed to prepare an Ordinance
amending the Municipal Code to add a section establishing the Veterans Advisory
Commission.
RECOMMENDATION:
That Council place the Ordinance on first reading.
BOARD/COMMISSION RECOMMENDATION: N/A
.
DISCUSSION: The 5 member Veterans Advisory Taskforce was established by the
Council in 1993, for the purpose of determining the appropriateness of formally
creating a City Commission dealing with veterans issues.
The taskforce has met regularly since its creation and, in addition to discussing
specific issues facing veterans in the City of Chula Vista, has identified the primary
functions of the proposed commission as:
. Serve as an information resource to the City Council on matters relating to City
policy regarding veterans entitlement programs established by legislation from
the Federal, State and County.
. Promote and assist the City in Veterans Day and Memorial Day observances,
and other City military recognition events.
. Encourage and promote patriotism In the City including support, as available,
to the Military Services recruitment offices.
. Provide a forum for discussion of issues relating to military veterans and active
duty military personnel as they relate to the City.
.
Coordinate with the City veterans fraternal organizations regarding resources
available for mobilization in case of disaster or emergency.
.
~-I
.
Promote interest in flag etiquette and display, and represent the City in
providing notice of flag use violations.
.""""
. Provide advice and assistance to City residents, when requested, regarding
resources available to veterans, spouses, and veterans dependents.
. Coordinate City individual recognition programs for Active Duty Military and
Veteran residents of the City who have achieved significant merit.
. Formulate and develop a recommended City position and endorsement
regarding proposed legislation affecting veterans.
. Attend meetings. and report on actions affecting the City taken by the San
Diego County Veterans Advisory Council.
. Study future needs of veterans including veterans homes and Veterans halls.
. Act as liaison between the City and Veterans Fraternal organizations regarding
community programs.
The attached ordinance provides for a 7 member commiSSion proposed by the
taskforce and identifies terms, purpose, membership and staff support.
""'"'
FISCAL IMPACT: Both the Personnel Director and the Administrative Secretary
attend the meetings which average 1 1/2 hours per month. The Administrative
Secretary receives comp time for the overtime involved. Xeroxing and mailing costs
associated with the Commission will be absorbed by the Personnel Department. If
this proves unreasonable, the issue of a budget for this Commission will be revisited
in next budget year.
""" '
~r,2
e
e
e
r(..\o~
~Qof(
~~Q
'X-~Q\~G. ORDINANCE NO. .2.$"'1.'7
S)~ ~
S~Co~ AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 2.39 TO THE CHULA VISTA MUNICIPAL CODE
ESTABLISHING A VETERANS ADVISORY COMMISSION.
<
The city Council of the city of Chula Vista does ordain as
follows:
Secti~n 1. That Chula Vista Municipal Code is hereby amended
by adding a new Chapter 2.39 to read as follows:
"CHAPTER 2.39 VETERANS ADVISORY COMMISSION
SBCTIONS
section 2.39.010.
Section 2.39.020.
Section 2.39.030.
Section 2.39.040.
section 2.39.050.
Section 2.39.060.
Creation
Purpose and Intent
Functions and Duties
Membership
Term of Office
Operation of Commission
section 2.3'.010.
Cre.tion.
.
There is hereby created a Veterans Advisory Commission.
section 2.3'.020
PurDO.. and Xntent.
It is the purpose and intent of the Veterans Advisory
Commission to serve as a resource to provide advice and make
recommendations to the city Council and the City Manager on
issues affecting veterans and on matters with which veterans
have special areas of knowledge and expertise, and to serve as
a focal point for mustering various segments of the community
to provide volunteers for various community-oriented projects.
'ection 2.3'.030 . runctions an4 Duties.
The function and duties of the Veterans Advisory
Commission sharI be as follows:
A. Provide advice to the City Council on matters directly
relating to veterans ("Direct Issues").
1
6-/ / ~'3
. ,\)
),
B.
To serve as an information resource to the city council
on matters relating to the city policy regarding veterans
entitlement programs established by Legislation from
Federal, state, or County.
~
c.
To promote and assist the
Memorial Day observations
recognition events.
City on Veteran's Day or
and other city military
D. Encourage and promote patriotism in the City including
support as available to military services recruitment
offices.
-
E. To provide a forum for discussion of issues relating to
military veterans.
F. Coordinate with the city Veterans fraternal organizations
regarding resources available for mobilization in case of
a disaster or emergency.
G. To promote interest in flag etiquette and display and
represent the city in providing notices of flag use
violations.
1. Provide advice and assistance to city residents when
requested regarding resources available to veterans'
spouses, and veterans' dependents.
H.
Coordinate city individual recognition programs
active duty military and veteran residents of the
who have achieved significant merit.
J. Formulate and develop a recommended city position and
endorsement regarding proposed legislation affecting
veterans and military ~ersonnel.
for
city
'""'\
x. Attend meetings of and report on actions affecting the
Ci ty taken by the San Diego County Veterans Advisory
council.
L. study future needs of Veterans including veterans homes
and Veterans halls.
M. Act as liaison between the city and Veterans Fraternal
organizations regarding community programs.
N. Provide various analyses and reports to the City Council.
2
~i
t-~
\\
\
O.
provide advice regarding matters of protocol with which
veterans are especially familiar such as flag
presentation, color guard procedures and other military
and paramilitary procedures.
.
section 2.39.040
..lIIberehiD.
A. Number of Melllbers.
The Commission shall consist of (7) voting Melllbers, and
two (2) Staff Ex-officio Melllbers.
B. Designation of Melllbers.
1. Voting Melllbers.
The seven (7) Voting Members shall be appointed by the
City Council from .the qualified electors of the City in
accordance with the provisions of Section 600, et seq. of the
Charter, whom shall be residents of the city and who shall,
throughout their term, maintain their residency and elector
status.
2. Staff Ex-officio Members.
.
The two (2) Staff Ex-officio Members may be the City
Manager or their designated representatives, who shall not be
required to be qualified electors of the City, and who shall
have no vote ("Staff Ex-officio Member").
section 2.39.050
'l'.rm of Office
A. Term of Office--All Classes of Members.
1. Post-Initial Terms
Except as otherwise provided in this Subsection A,
the term of office of all melllbers, and all classes of
members, of said Commission shall be for a nominal period
of four (4) years, and shall terminate on June 30th of
the fourth year of their term, unless they shall other
wise soone~ resign, die, become disqualified or
incompetent to hold Office.
2. Initial Terms of Voting Members.
Notwithstanding subsection A.1., the Initial terms
of Voting Members shall commence upon appointment and
shall conclude, for one (1) Voting Member on June 30,
.
3
~ -..>
r:;'
,
\\ ./
1995; for two (2) voting Members on June 30, 1996; for ~.
two (2) Voting Members on June 30, 1997; and for two (2) 1
Voting Members on June 30, 1998, unless they shall
otherwise sooner resign, die, become disqualified or
incompetent to hold Office.
a. Appointment to Initial Terms by Lot.
Appointment of the initial Voting Members as to the
Initial Terms shall be determined by lot.
3. Staff Ex-officio Members.
The term of the Staff Ex-offico Members shall be
indefinite, and they shall serve at the pleasure of the
Council.
4. Holdover Office.
Notwithstanding the end of any Member's Initial Term
or post-initial Term as herein provided, a Member, other
than the Staff Ex-officio Members, shall be permitted to
continue to exercise the privileges of his or her former
Office until the Office to which the Member was appointed
is filled by re-appointment or by the appointment of a
qualified successor, but not for more than six (6) months
after the end of the term. ~
5. Vacancies.
Notwithstanding the term of Office to which a Member
is appointed, said Office shall be deemed vacant upon any
of the following events ("Event of Vacancy"):
a. The death or disability of said Member that
renders said Member incapable of performing the duties of
his/her Office.
b. The member's conviction of a felony or crime
involving moral turpitude.
c. The member's absence from three (3) regular,
consecutive meetings of the Commission, unless
excused by majority vote of the Commission
expressed in its official minutes.
d. The member has submitted a resignation which
resignation has been accepted by the City
Council.
.........'
4
~-?
.
The member has been terminated by three
affirmative votes of the City Council.
Upon the occurrence of an Event of Vacancy as hereinabove
listed, the city council shall so declare the Office to
be vacant, and shall expeditiously take such steps as are
necessary to fill said vacancy.
e.
B. Number of Terms.
1. Voting Members
a. Two Term Limit. No voting Member shall be
appointed to more than two (2) terms except as herein
provided ("Two Term Limit").
b. Unexpired Term Exception. Notwithstanding
the Two Term Limit, a person appointed to the Commission
as a voting Member to fill the unexpired term of an
Office of a Voting Member which has become vacant
("Unexpired Term") which has less than two (2) years
remaining on said Unexpired Term, may be appointed to two
(2) terms in addition to their Unexpired Term. A Voting
Member who currently occupies an Office may not be re-
appointed to fill the Unexpired Term of another Office
which has become vacant.
.
c. Initial Term Exception. Notwithstanding
the Two Term Limit, a person appointed to an Initial Term
of two (2) or less years may be appointed at the natural
expiration of their Initial Term to two (2) terms in
addition to their Initial Term. A Voting Member who
occupies an Office under an Initial Term may not be
appointed to fill the.Unexpired Term of another Office
which has been become vacant.
d. Any Voting Member may be re-appointed to
serve on the Commission after two (2) successive years of
not serving on the Commission in any Office or Membership
capacity--voting or Staff Ex-officio.
Section 2.3'.0&0
OD.r.~ioD of co.-i..ioD.
A. Time of Meetings.
1. First Pre-election ("Organizational Meeting"). Among
such other meetings as the Commission may desire to have, the
Commission shall meet not later than the third TUesday of the
month following appointment of the seventh commissioner and
thereupon shall do the following:
.
5
c.-7
,.).,
~. .
',...1
a. Select a Chairperson and Vice Chairperson from
among its voting Members to serve for a period of one (1)
year. .""""
b. Assign such duties to its members as it
determines may be necessary.
c. Deliberate upon agenda issues for further
deliberation and discussion by the Commission.
2. Other Meetings. The commission shall meet at such
other times as it be shall established by majority vote, or at
such time as the Chairperson thereof may call, or at such
times as a majority of the members thereof may call a meeting.
B. Place of Meetings.
Unless the commission shall otherwise establish another
regular place for its meetings and advise the City Clerk
accordingly, the commission shall meet in Conference Room 1 in
the Public Service Building, located at 276 Fourth Avenue,
Chula Vista, or at such other place as may be posted upon the
door of said Conference Room at least thirty (30) minutes in
advance of the Meeting.
C. Conduct of Meetings.
The meetings of the commission, shall be governed by the ~
same rules and regulations by which the City Council is bound
in the conduct of public meetings.
D. Quorum.
Four voting Members shall constitute a quorum for the
transaction of business.
E. Resolutions.
The affirmative vote of a majority of the entire
membership shall be required for the passage of any resolution
of the commission.
F. Reports and Recommendations.
All reports and recommendations shall be made in writing.
G. Staff Support.
It is the intention of Council that the commission can
function without significant staff support. Toward this
objective, the Commission is charged with minimizing the
6
~
~ ."r
.
.
.
involvement of city staff, and in particular, shall (1)
address those matters on their meeting agendas for which City
staff is present in priority order to other matters; (2)
invite City staff to leave all meetings after the Commission
has addressed those matters for which city staff is present.,
The city Manager may, in his/her'prudent discretion and giving
full regard to diminishing resources of the City, make staff
and clerical support available to the Commission to fulfill
its functions and duties.
H. Ex-officio Privilege.
The right of ex-officio members to participate in
deliberations of the Commission or attend ~ommission meetings
is to be at their sole discretion. The Commission shall not
issue any directives to'ex-officio members.
I. Rules and Regulations.
The Commission may make such rules and regulations not
inconsistent with the provisions of this Chapter.
Section 2: This ordinance shall take effect and be in full
force on the thirtieth day from and after its adoption.
Presented by:
Approved as to form by:
Candy Boshell
Director of Personnel
C:\or\veteranl.239
Bruce M. Boogaard
City Attorney
7
~~9
(-
\ )
""""
~,
~
"""'\
/V1
COUNCIL AGENDA STATEMENT
Item .2-
Meeting Date 6/14/94
ITEM TITLE: /I. Ordinance ..2.5'?tj Amending Title 15 of the Municipal Code by
Authorizing the City Manager to Refund Unearned Permit Fees in
Specified Situations.
B Resolution 17~~riating $15,000 from the Unencumbered Balance
of Fund 220, Sewer Income Fund, and $70,000 from the Unencumbered
Balance of Fund 222, Trunk Sewer Capital Reserve Fund.
SUBMITTED BY: Director of Public of W:;J>sl ~
REVIEWED BY: City Manager d& 1 '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 RECOMMENDATIONS: 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 Waste 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.
7-/
Page 2, Item 2-
Meeting Date 6/14/94
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 Qr 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
7";<'
Page 3, Item ?
Meeting Date 6/14/94
collected (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. All 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 fully 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 specifIc Reimbursement District.
Construction of the facilities under Reimbursement District No. 42 was financed by the City,
and while construction under District No. 51 was fmanced by the Otay Industrial Park, none
of the collected repayment was requested by or sent on to that developer.
RID: KY 004
F:\HOMEIENGINEERIAGENDAIAPREF4
?~3
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING TITLE 15 OF THE MUNICIPAL CODE BY AUTHORIZING
THE CITY MANAGER TO REFUND UNEARNED PERMIT FEES IN
SPECIFIED SITUATIONS
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES 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- V erification-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.
B.
C.
D.
Presented by:
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.
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.
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.
The City Manalrer. or his desilrnee. may authorize. without advance
ap'propriation. the refund of fees required by this Chapter to be collected. or such
portion of the fees deemed approoriate for refund by the City Manairer (net of
costs incurred by the City in processini: the permit ap'plication or unless the City
has used the fees to construct facilities for a develooment for which the fees were
paid). if the City Manager finds that the permit for which they were collected has
been revoked. surrendered or terminated without use by the ~rmittee and the
refund is less than $100.000. All other refunds shall be authorized by the City
Council.
(Ord.
. 61. 1994: Ord. 2011 ~1 (part), 1982; Ord. 1797 ~1 (part), 1978)."
APprtr to!ft~m
BruCe M. Boogaard
City Attorney
John Lippitt
Public Works Director
?A-/
RESOLUTION NO. 17f.2.Q
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $15,000 FROM THE
UNENCUMBERED BALANCE OF FUND 220, SEWER INCOME
FUND, AND $70,000 FROM THE UNENCUMBERED
BALANCE OF FUND 222, TRUCK SEWER CAPITAL
RESERVE FUND
WHEREAS, in September, 1989, Appropriate Technologies II
was issued a permit for the connection of a private eight inch
sewer to the City'S sanitary sewer system and made payments
totalling $22,823.41 to pay back sewer reimbursement district and
paid sewer capacity fees of $117,738.00; and
WHEREAS, the permit was not exercised and was cancelled
in October, 1993; and
WHEREAS, refunds of the above amounts resulted in over-
expenditures in Fund 220, Sewer Income Fund, and Fund 222, Trunk
Sewer Capital Reserve Fund; and
WHEREAS, additional appropriations must be made to these
funds in order to cover other current year expenses.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
ci ty of Chula vista does hereby appropriate $15,000 from the
unencumbered balance of Fund 220, Sewer Income Fund into Activity
2200, and $70,000 from the unencumbered balance of Fund 222, Trunk
Sewer Capital Reserve Fund into Activity 2200.
Bruce M.
Attorney
Presented by
al
John P. Lippitt, Director of
Public Works
ity
C:\rs\sewerfnd.app
?B-/
COUNCIL AGENDA'STATEMENT
Item
z"
Meeting Date
6/14/94
Resolution )7.5':;1. J 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 ~omson () I
City Manager Ifr; lr r// (4,Sths Vote: Yes-1L No_>
ITEM TITLE:
SUBMITTED BY:
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
<6"/
It_
5t
Meeting Date
6/14/94
which $6,000 will be reimbursed from the other four cities.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
As indicated in the attached January 4, 1994 Council Agenda
statement, staff from the five cities jointly conducted a Request
for Proposal process to obtain consulting assistance and expertise
regarding cable television rate analysis. After reviewing the
seven responses received from the RFP, a committee of staff from
the five cities interviewed three firms after which the committee
unanimously recommended Public Knowledge, Inc., to provide the
initial consulting services to review Cox Cable's initial rate
submittals.
In order to administer the contract with Public Knowledge, Inc.,
the cities entered into the MOU to provide a framework for the
relationship among the cities and designated Chula vista as the
administering agency for the contract. As administrator, Chula
vista staff negotiated the contract with Public Knowledge, Inc.,
submitted it to the other cities for approval at the staff level,
and monitored and made payments to the consultant. The cost of the
original consultant contract was for an amount not to exceed
$6,200. The actual amount charged was $5,879.15, which was split
equally among the five cities, resulting in each city's share of
the cost being $1,175.83 for the initial contract.
Under the First Amendment to the MOU, the proposed new contract
with Public Knowledge, Inc. to review the new FCC forms is for a
not to exceed amount of $7,500, so each city's share would be a
maximum of $1,500. As was the case for the previous contract,
Chula vista will make payments to the consultant and be reimbursed
by each city for its share of the cost. The consultant contract
itself, taking into account both the original contract and the
proposed new contract, is within the contract authority of the city
Manager (up to $25,000), if the appropriation is approved by the
City Council.
Although the proposed new consultant contract is for a maximum of
$7,500, staff is recommending that $9,000 be appropriated. The
contract does not include the consultant attending 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
z;.2..
Item
~
Meeting Date
6/14/94
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 IMPACT: It is recommended that $9,000 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.
g;.1/~,tf
RESOLUTION NO. /7.?21
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 reguest 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'" f
~ .
,_./
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 will be reimbursed
from the other four cities.
Presented by
at ~o
James R. Thomson, Deputy
city Manager
ity
C:\rs\Cable1..ou
2
Er ,."
,
Ip
1
~{~
~
~~~~
mY OF
QUA VISTA
) .
MEMORANDUM
ITEM #8
June 14, 1994
SUBJECT
The Honorable Mayor and City Council
John D. Goss, City Manage/1 /
Jim Thomson, Deputy City ({anager If
New Rates Announced by Cox Cable
TO
VIA
FROM
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:\(m\RATES.COX
)?-I
-_.- r - ....;:p.
,
6159 Fed.,a' Bout.vard
SIln Diogo, CA92105.5488
Tor. (818) 263.8251
cox
Cox Cable
San Oiego.lnc.
ROM" McRann
Sr. Vice President/General Manager
JlUle 10, 1994
Mr. Jim Thompson
Deputy City Manager
City of Chula 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 of6.7% 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
8-~
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
~-9
. .
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 $1D.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
~-JD
........
Folc'
~_.
FOX'
POII-lt-I'ax Note Te7t
To
. CoAlopl.
New Rate Schedule
1:,.
. -. ........" . ..7, '.'
.'.1....
'. ;.
.
!
. i La M..... taIa.a ClOVe. II C.Joa, 'oway
.
; Mftftth1v APrVI.c:. ,.
OlD RATE , Naw un
I
.
. .. ..~. N. ...... ., . .. ................. . .
I . oJlll sil3'" CC~'" ~,1t~ p~.g.34 sa,OZ ~. :
;.: " .~ .- -;I "'. ~~r. .. . .. '.'.';:t .. .. J '-'! : .. ......
I
...~~~Ie~ 516.11 117.14
oR.l Ic+CPS 114056 525.16
- ~., Cott 1 -- s.eo
! .. .
,
. .
- rr r Cott " -- u..
o +CoIItrol , '~4!
$.%1
· ctvnr 1len1l1 $l.os Sl.61
.
.~ ='~ta1 tl. SUl\
.
.1IIly I IIIAIIwltII JIIlc Sentell
.
~"e~"~ ~".~~ ~ ~
. . ~
Not1&
I
.
I
ThI rollowlftt c:huIMI IiIIeup ~ will lab pIKe over IiIe *30 dara:
. IX, tile 1\IW JIoa N.twork ClWIIW,1t _ .vlll.W. 01\ c:haMt161.
. MIDcIIlclwIon t."ri9Wlil11Mi1Ul wID _ from challMl" 10 cIlaM&\ 69
01\ July I, 1m. , .
.' GlMS wDllllCWt trcm cIwIntl fI1 to c!\Innel" 01\ July 5. 19?4.
ICNlIMII added 11nCI1iep__ 1. 1m lIIdude Co\ll'ITV, ME/U.
MTV 1.ItIrlo and GEMS.1 .
.
I
.
..
:ox Clblt - R&IlI 0\aDp Lellar - U" KIt. - 1 color I :l-sJc\es .lI221 110
UJ '1"'"
'?!-ll
New Rate Schedule
22161>
ll..>~. ;.j.;j
Areas ollhe City" County of San Diego
Upgraded from a 36 to 70 Channel Capaci~.
Monthly Servlre OLD RATI! NEW RAn:-
.. ... - .
-Basic $12.85 58.02 ..
'. ... .....-
· CPS (Cable Programming $9.28 $17.14
Services)"
'-
-Basic+CPS $22.13 $25.16
.. .-- - .....
- Higher Cost $ -- $3.03 '.
, -
..
- Higher Cost .,. -- , 13.'7'lI.'
-, '"
-
..
. Remote Control $.27 $.45
_....;,..:.. .\,''>1u. ~..; OJ:] ..;,:.: s. f.:-.i...
,,4 .
. Converter Rental $1.05 $1.61
· Addressable S1.88 $2,HU
Decoder Kental
-i,:.... .
. M'y av.n.ble with Batie SI.'I'Yicc
- Channels added above Ch. 36 include KBNT /BWTN, La Cadena Deportiva,
International Channel BET, A&J::, Bravo, CNBC, The Weather Channel, TNN,
VH-l, Nicl<elodeon/Nick-At-Nite, Comedy Central, F.!, Cartoon Network,
Faith &: Values, C-SPAN n, Prevue Network, Sci-Fi Channel, Sneak PIeVUe.
Continuous Hits, Hot Choice, Showtlme2, HB02, Cinem21x2, CMT. Encore,
Court TV. Mind F.xteI'lsion University, MTV Latino and GF.MS.
EOd 010
0931 0 N'dS .:10 . 0:3
~5:51 C1-90-p661
~-I'2-
New Rate Schedule
2214b
'.,,~~ ~tJ
City & COlUltY of San Diego
-, (Non-upgraded Areas) '.
Mnnthly SPM~~ OLD RATE - NEW RATE
-.
· Basic ',- $12.85 -, $12.17 ....
,
..H
. CPS (Cable Programming -- 59.28 .', -- $8.72 ..,.,
Services)"
. Basic + CPS $22.13 ' " - 520.89 "
.... .-
- Savings S -- [51.14J
- Savings '10 -- [5.6'10 J
. Remote Control $'27 $,45
L....:.;..~ l.....j'. .;:.... 'C::; ,,::. ~ E '. 8 ~-'
"'., ..- '-,- . .
. Converter Rental $1.05 $1.61
- ...
. Addressable S1.88 $2.80
Decoder Rental
':'-i'.;...; 1
.. only avallablc: with Basic ServIce
~Od 010
. .
O!)::II 0 ~S .dO 'CY.)
~S:Sl Cl-90-'66l
<6 -I::'
CDX
~'8~ Inc.
5159 Federal Boulevard
San Diego. CA 92105-5486
Tel. (619)262-1122
2212.
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 Tuly 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 a5 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 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,
&iL
Robert McRann
General Manager
~- II..{
SPECIAL NOTICES
2212c
. .
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.
HOW 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 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 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/or maintain additional outlet(s), 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
service 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 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
activity for the billing period. Cox will respond to a billing complaint within 30 days or sooner.
(continued on ret1erse)
r
~-tS
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 ad vance.) 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" (CPS),
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 feci 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 51.
Lemon Grove, CA 91945
464-6934
City of San Diego
City Administration Building
202 "C" 51.
San Diego, CA 92101
570-1700
City of El Cajon
City Manager's Office
200 East Main 51.
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 of Imperial Beach
City Manager's Office
825 Imperial Beach Blvd.
Imperial Beach. CA 91932
423-83oo,x7
City of Poway
City Manager's Office
P.O. Box 789
Poway, CA 92064
679-4347
County of San Diego
Cable TV 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
'(-I b
CODCIL AGDmA STATEMDIT
Item
Meeting Date 06/14/94
'1
Resolution ) 7~e:t Accepting bids and awarding
contract for purchase of desktop personal computers
SUBMITTBD BY: Interim Finance Admi~rato~
RBVIBWBD BY: city Manager dG ~ 1/. (4/5THS Vote: Yes_No..lL)
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 Program budget for use in the Geographic
Information System (GIS).
ITEM TITLB:
llBCOMMBIIDATIOIf: That Council accept the bids and award the
contract to Dell Marketing L.P.
BOARDS , COMMISSION llBCOMKDmATION: Not applicable
DISCUSSION:
Bid proposal forms were mailed to five prospective vendors with three
submitting-the following bids:
Price Club
Chula Vista
AMOUNT
INCL. TAXES
$44,383.11
VENDOR
Dell Marketing L.P.
Austin Texas
48,386.62
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's required by the G.I.S. operation
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. All the optional equipment was not bid.
53,544.06
The bid of Dell Marketing L.P. meets specifications and the Director
of Information systems recommends the purchase from this vendor.
PliCAL IMPACT:
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-/
~
RESOLUTION NO.
I ?..6.~
RESOLUTION OF
CHULA VISTA
CONTRACT FOR
COMPUTERS
THE CITY COUNCIL OF THE CITY OF
ACCEPTING BIDS AND AWARDING
PURCHASE OF DESKTOP PERSONAL
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
specifications and the Director
the purchase from this vendor.
of Dell Marketing L>P> meets
of Information Systems recommends
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
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
C:\ra\pcbid
2
".~
Bruce M.
Attorney
l ofmby r
COUlfCIL AGD1DA STATBJUDlT
Item / tJ
Meeting Date 06/14/94
Resolution 175.23 Accepting bids and awarding
contract for asphaltic concrete
SUBKITTBD BY: Interim Finance Admi~trato~
RBVlnBD BY: city Manager 1G -7;; (4/5THS Vote: Yes_No..L)
Bids were received and opened at 4:00 pm on May 31, 1994, in the
office of the Purchasing Agent for furnishing asphaltic concrete to
the city for use during the period July 1, 1994 through June 30,
1995.
ITBM TITLB:
RBCOMMD1DATIOII: That Council accept the bids and award the
contract to Sim J. Harris Co.
BOARDS , COMMISSIOII RBCOMMD1DATIOII: Not applicable
DISCUSS 1011:
Bids were requested for the following:
illM
MATERIAL
ESTIMATED
USAGE
1
2
3
4
5
Type III-F-AR-4000 asphaltic concrete (sheet asphalt)
Type III-D-AR-4000 asphaltic concrete (3/8" max. aggregate)
Type III-D-SC- 800 asphaltic concrete (cold mix)
Type B2-AR-4000 asphaltic concrete (3/4" max aggregate)
Type III-AR-4000 asphaltic concrete (3/8" fine)
500 Tons
2,000 Tons
5,000 Tons
1,000 Tons
500 Tons
Four vendors were mailed bid proposal forms with the following bids
received:
PRICE PER TON
ITEM ITEM ITEM ITEM ITEM lOTAI. Ell> BASED
BIDDER -L ...L ....L ....!... ....L ON EST. USAGE
Sim J. Harris Co $23.00 $19.00 $23.00 $19.00 $20.50 $90,250
San Diego
Lakeside Asphalt 22.00 21.00 21.50 19.00 21.50 93,500
Lakeside
Calif Commercial Asphalt 23.25 21.00 23.50 19.00 21.00 94,875
San Diego
Industrial Asphalt 27.75 21.50 25.50 21.25 22.00 101,875
San Diego
I~'I
Page 2, Item
Meeting Date 06/14/94
/1)
The bid specifications called for pick up of the material at the
vendor's plant. This way, the job site could be prepared while
trucks were on route to pick up hot material and application made
on their return.
The low bid of Sim J. Harris meets specifications and is acceptable
to the Director of Public Works. The FY 93/94 unit prices were as
follows:
19.50
24.00
19.50
ITEM 5
19.50
ITEM 1
24.00
ITEM 2
ITEM 3
ITEM 4
I'ISCAL IMPACT:
Funds are provided for in the Gas Tax Fund for the FY 1994/95 and
awarding of this contract is contingent upon approval of the
budget.
DATA\A113.ASPHALT
0,.4
ItP,.2.-
RESOLUTION NO.
17~3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING
BID AND AWARDING CONTRACT FOR ASPHALTIC CONCRETE
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, bids were received and opened at 4:00 p.m. on the 31st day of
May, 1994, in the Office of the Purchasing Agent of the City of Chula Vista for
furnishing asphaltic concrete to the City for use during the period July 1, 1994
through June 30, 1995 as follows:
ITEM
1
2
3
4
5
MATERIAL
ESTIMATED
USAGE/TONS
Type III-F-AR-4000 asphaltic concrete (sheet asphalt)
Type III-D-AR-4000 asphaltic concrete (3/8" max. aggregate)
Type III-D-SC-800 asphaltic concrete (cold mix)
Type B2-AR-4000 asphaltic concrete (3/4" max aggregate)
Type III-AR-4000 asphaltic concrete (3/8" fine)
500
2,000
5,000
1,000
500
WHEREAS, the following four bids were received:
PRICE PER TON TOTAL BID BASED
BIDDER ITEM 1 ITEM 2 ITEM 3 ITEM 4 ITEM 5 ON EST. USAGE
Sim J. Harris Co.
San Diego 23.00 19.00 23.00 19.00 20.50 $ 90,250
Lakeside Asphalt
Lakeside 22.00 21.00 21. 50 19.00 21. 50 93,500
Calif Commercial Asphalt
San Diego 23.25 21. 00 23.50 19.00 21. 00 94,875
Industrial Asphalt
San Diego 27.75 21. 50 25.50 21. 25 22.00 101,875
WHEREAS, the bid specifications called for pick up of the material at
the vendor's plant so that the job site could be prepared while trucks were on
route to pick up hot material and application made on their return; and
WHEREAS, the low bidder, Sim J. Harris, meets specifications and is
acceptable to the Director of Public Works.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY
FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. That the City Council does hereby accept the bid of Sim J.
Harris as responsive.
Section 2. The City Council awards the contract for asphaltic concrete
to Sim J. Harris in the amount of $90,250, the lowest responsible bidder which
submitted a responsive bid to the approved specifications.
1
/t)~j
Section 3. The Purchasing Agent of the City of Chula Vista is hereby
authorized and directed to execute said contract for nd on beh of the City
of Chula Vista.
Presented by
Susan B. Merrill, Interim
Director of Finance
c: \1"8\a.hconcrata
2
IIJ -J/
JD
CITY COUNCIL AGENDA STATEMENT
Item -I ,
Meeting Date 06/14/94
SUBMITTED BY:
Resolution \ 'i $2.. ~ Approving the Memorandum of Under-
standing with the California Business Incubator Network for the
development of an environmental incubator facility and a related contract
between California Business Incubator Network and Business Cluster
Development; and, re-appropriate $10,000 therefor from the Border
Environmental Commerce Alliance Community Development Block Grant
Funds
Community Developmen~tor ~
City Manager 1& ~ 1/
(4/5ths Vote: Yes X No_)
Council Referral No. N/A
ITEM TITLE:
REVIEWED BY:
BACKGROUND:
In early 1993, Council directed staff to pursue the development of an "Environmental Enterprise
Zone" and formed a Subcommittee including Councilmembers Fox and Horton. The Task Force
proposed the creation of a regional Border Environmental Commerce Zone (BECZ) which
included two key components: an Environmental business incubator, and an Environmental
Technology Resource Center, which was approved by Council in May 1993. On May 18, 1993
Council appropriated $100,000 in CDBG funds to support the BECZ program. On April 7,
1994, Council approved restructuring the program as a "Border Environmental Commerce
Alliance" (BECA) with three related initiatives: (I) a Border Environmental Technology
Resource Center, (2) a Border Environmental Business Cluster (BEBC) the incubator
program; and (3) a BECA Demonstration Area.
In February 1994, CALEP A and the California Trade and Commerce Agency announced support
for three environmental business cluster incubators to be located statewide, as part of the
State's California Environmental Technology Partnership (CALETP). These incubators will
be located in Thousand Oaks, San Jose and Chula Vista, and are intended to assist
entrepreneurs to move environmental technologies more quickly from development to
commercialization and thus to help them grow and create new jobs. (See Attachment A)
Staff is recommending that Chula Vista's Border Environmental Business Cluster (BEBC)
be modeled after the other two environmental incubators endorsed by the state, which have
been developed by Mr. Jim Robbins of Business Cluster Development (BCD) in conjunction
with a local nonprofit agency. Under this model, Mr. Robbins is responsible for locating
a suitable donated facility for two to three years, soliciting community sponsors and
donations for the project, and developing and implementing the Incubator Business Plan.
The proposed agreements allow the City to act as a catalyst for the BEBC program by providing
only limited seed money, while maintaining control over Mr. Robbins' development of the
\ \- \
Page 2, Item 'I
Meeting Date 06/14/94
Business Plan (including decisions regarding facility selection, tenant selection criteria, and
general program policy), as well as control over the initial incubator management by an interim
non-profit agency.
Specifically, staff is recommending the City enter into the Memorandum of Understanding with
California Business Incubator Network (CBIN) requiring CBIN to act as the Interim Non-Profit
administrating agency for the incubator. The MOU requires CBIN to, in turn, enter into the
proposed contract with Mr. Robbins to "develop" the project -- as referenced above and as
detailed in Section 3.0.1 on pages 2 and 3 of the contract. The City's $10,000 seed money will
be paid to Mr. Robbins as part of a total $60,000 development fee; the $50,000 balance will be
paid from private donations raised by Mr. Robbins and per the Performance Schedule on page
5 of the contract. Mr. Robbins may request and authorize certain contract items to be
undertaken by CBIN for which CBIN would also be reimbursed from the $60,000 in an amount
not to exceed $30,000. The City's total financial commitment is $10,000. (Note that this
scenario is modeled directly after the San Jose and Thousand Oaks Environmental Business
cluster programs.)
The intent of staff's recommendation is to ensure that the BEBC is developed in a manner
consistent with BECA and City goals, with the longer term objective of establishing a privately
based BEBC Board of Directors and a permanent non-profit administering agency with City
representation. Once the proposed incubator program is implemented, the BEBC will be
positioned to seek long-term sources of funding from such sources as CALETP (State) or.
Federal. Staff is already pursuing potential funding from the Federal Economic Development
Administration.
The City's $10,000 re-appropriation might be viewed as a grant to the BEBC project.
It might also be noted that per City Code, "consulting agreements for $10,000 or less shall be
awarded by the Purchasing Agent.. the contract shall be awarded on the basis of demonstrated
competence and professional qualifications...." These agreements are being brought forward for
Council's information and approval due to the proposed role for Council in approving the
Business Plan, the impacts in terms of staff time, and the potential for future involvement by the
City.
RECOMMENDATION: That Council: (1) approve the Memorandum of Understanding with
California Business Incubator Network (CBIN) designating CBIN as the interim non-profit
administrator of the BEBC, as well as the local BEBC team member to assist the BEBC
developer, and authorize the City Manager to execute same; (2) acknowledge and approve the
contract between California Business Incubator Network and Business Cluster Development,
attached to said Memorandum of Understanding; and, (3) re-appropriate $10,000 therefor from
the Border Environmental Commerce Alliance Community Development Block Grant Funds
BOARDS/COMMISSIONS RECOMMENDATION: The EDC endorsed the BECZ (now
BECA) program, including the development of an Environmental Business Incubator, on
August 4, 1994 (5-0-4; Commissioners Allen and Peter absent; 2 vacancies). (See
Attachment B)
1\- 2.
Page 3, Item n
Meeting Date 06/14/94
DISCUSSION:
I. INCUBATOR CONCEPT
The incubator concept groups a number of small and start-up businesses under one roof to
provide inexpensive rent and access to "user friendly" assistance in the form of technical,
managerial, marketing, and other business services. The shared facility also offers a minimum
level of office support services thereby reducing overhead and the time required to procure such
services. It allows these emerging entrepreneurs to concentrate on implementing their business
plan.
The Border Environmental Business Cluster incubator will provide an environment for product
and industrial process demonstration, focusing assistance on shepherding technologies from the
laboratory into production and into the national and international markets, with an emphasis on
Mexico. In this capacity, the BEBC will function as an environmental technology transfer
center.
II. PROPOSED BEBC TEAM
Staff is proposing that the BEBC team consist of the City, Sheila Washington, President of
California Business Incubator Network (CBIN) , and Jim Robbins of Business Cluster
Development (BCD). The City will provide the initial $10,000 in seed money and will provide
initial oversight to ensure that the program is developed to reflect the BECA's and the Council's
goals in terms of encouraging environmental businesses and environmentally friendly processes.
California Business Incubator Network will act as the interim non-profit agency to receive
private donations and facilitate income tax benefits, to provide the day to day management of
the program and facility, and to assist BCD in the initial development of the project. BCD will
act as the project developer, responsible for identifying a donated facility, soliciting community
sponsorships and donations, creating the project budget, developing the marketing plan, soliciting
tenants, hiring staff, and developing program policies such as tenant selection criteria and the
creation of permanent oversight bodies. Each of these items will be submitted as
recommendations within the proposed BEBC Business Plan, and will be subject to Council
approval.
III. CALIFORNIA BUSINESS INCUBATOR NETWORK
CBIN, a California 501 (c)3 nonprofit corporation, was established in 1990 and is the statewide
association of incubator managers, owners and advocates. Its founders, board of directors and
members have expertise in developing and managing both nonprofit and for-profit incubators.
CBIN's goals are to promote incubators as a strategic economic development tool to encourage
local economic diversity; to support local job creation; to facilitate the establishment of linkages
among business resource groups; and to provide models and guidelines for developing and
operating incubators.
CBIN's Board of Directors are drawn from corporation, utilities and banks, economic
development agencies and incubator professionals and developers (see Attachment C). The
\\-~
Page 4, Item ---1L
Meeting Date 06/14/94
accounting firm of Coopers and Lybrand provide fiscal oversight and maintains a headquarters
office CBIN in its Los Angeles offices. (Coopers and Lybrand will provide fiscal management
of the BEBC's fiduciary accounts.) The President and CEO of CBIN, Sheila Washington,
maintains a Southern California office in San Diego, and a northern California office is
maintained in Palo Alto by the Public Affairs Officer. Ms. Washington will be the principle on
the MOU with the City.
Ms. Washington's business incubator experience began in 1985 as a Founding Member of the
San Diego Incubator Corp (SOle), a private non-profit corporation established for the
development and operation of the San Diego Business Innovation Center (BIC), the first (and
only) incubator in San Diego County. Ms. Washington served in various executive roles with
the center until 1993. Since 1990 she has been President of CBIN. (See Attachment D,
Resume)
CBIN facilitates the creation of local project-specific Resource Development Teams to accelerate
the incubator development phase. CBIN has donated more than 100 hours of time to the Chula
Vista project in an advisory role.
IV. BUSINESS CLUSTER DEVELOPMENT (Jim Robbins)
The proposed BEBC developer is Jim Robbins of Business Cluster Development (BCD). Mr.
Robbins has 20 years of experience in the fields of new business formation, organizational
design, technology development and management, business operation and law. He created and
managed the Digital Equipment Business Enterprise Cluster in Palo Alto, an incubator in which
18 hi-tech start-ups use excess Digital space and equipment, as well as management assistance.
He has created both of the other two environmental incubators sponsored by the State, including
the Environmental Business Cluster in San Jose, which opened in April of this year, and the
Thousand Oaks Environmental Business Cluster, which is opening in July of this year.
Additionally, Mr. Robbins is planning to open a software cluster in San Jose and a multi-media
cluster in Mountain View. In all of the above cases, Mr. Robbins is working with the respective
cities and a local non-profit, with the exception of Palo Alto. (See Attachment E, Resume and
Articles)
IV. KEY ELEMENTS OF THE AGREEMENTS
A. Memorandum of Understandin!!
The MOD between the City and CBIN provides for CBIN to be responsible for the
following:
. Acting as the interim non-profit administering agency responsible for all financial
management as well as hiring and oversight of BEBC staff
. Entering into the agreement with BCD to develop the recommended BEBC
Business Plan for Council approval and opening the facility
I \-Y
Page 5, Item ~
Meeting Date 06/14/94
. Hiring the BEBC staff
. Providing property management services
. Taking the lead in forming local alliance to provide business development support
for BEBC tenants
. Assisting BEBC as requested to develop the facility and program
B. Contract
The contract between CBIN and BCD provides for BCD to be responsible for developing
a Draft and Final BEBC Business Plan for approval by the City Council, which includes
the following:
. Site identification and analysis, including proposed two year budget (preferred site
and one alternative)
. Sponsor recruitment and commitments
. BEBC goals, operating principles and management structure
. Implementation schedule
. Marketing Plan identifying business niches and recruitment strategies
. Identification of service providers/BEBC alliance network
. Recommended Board and Advisory Committee structure and policies
C. Proiect Fundinll:
The project is to be funded with the $10,000 in seed money from the City (from the
BECA CDBG monies) and from private contributions to be secured by Business Cluster
Development, the developer. The project is based upon the premise that Mr. Robbins
will be able to locate a donated facility that can be retrofitted as a multi-tenant incubator
for some 20 to 25 small start-up companies. The developer estimates a total budget of
approximately $245,000-$260,000, assuming a donated facility, and including the
$60,000 development fee and rental income. Of this, approximately $210,000 would
come from donations and would cover needed improvements and start-up costs for the
program until the facility is approximately 75 % occupied at which time the project is
expected to be self-supporting. (Note: actual budget will depend upon the facility
donated. )
It should be noted that this model anticipates a donated facility for one to three years,
and that the operating non-profit would be actively pursuing other sources of revenue and
\\-5
Page 6, Item \ \
Meeting Date 06/14/94
permanent facility options during that time. It should also be noted that City staff are
currently pursuing federal EDA funding for both the Border Environmental Technology
Resource Center and the BEBC. This application will request funding for a permanent
facility as well as operational costs. However, this application will be subject to a
competitive process and is not a guaranteed source.
The proposed agreements call for the City to act as a catalyst to the development of this
project; the city is not committed to spending more than the $10,000 and related staff
time. Any further expenditures would be subject to Council approval.
D. Payments and Timing
The contract with BDC calls for the developer to have completed the Draft Business Plan
within 2 months of the MOD execution by the City, the Final Business Plan within 1
month of Council's approval of the Draft Plan, to have secured the facility and opened
the incubator within 3 months of the Final Business Plan, and to have completed the
entire contract within 12 months of contract execution. The first payment of the City's
$10,000 seed money is to be made upon execution of the MOD and Contract, with
subsequent payments contingent upon Council approval of the Draft Plan, the Final
Business Plan, and completion of all terms of the agreements, as delineated on page five
of the contract. It should be noted that total payments, including the $10,000 seed
money, cannot exceed $60,000. Of this amount, CBIN is entitled to receive up to
$30,000 for services performed at the request of BCD and as approved by BCD and the
City. Exclusive of these development related services, CBIN is also (and primarily) the
nonprofit fiscal agent, and will be reimbursed from donations received at a rate of $50.00
per hour not to exceed 7% of such donations.
FISCAL IMPACT:
The cost to the City of these two agreements is $10,000 in seed money. Staffis recommending
that FY 93/94 CDBG funds approved for hiring a Director/Coordinator for the BECZ (now
BECA) be utilized. Council formerly approved $100,000, with $50,000 approved for immediate
use, and the expenditure of the remaining $50,000 contingent upon matching funds. To-date,
$20,000 of that money has been encumbered by the hiring of two consultants to act as interim
coordinators of the program (as approved by Council) and $4,800 has been encumbered by
hiring a consultant to assist staff in preparing the federal EDA pre-proposal for funding the
Border Environmental Technology Resource Center and the BEBC. This leaves a balance of
$24,200 in the $50,000 "pot" authorized for expenditure.
Additionally, significant staff time will be involved in supporting the development and
implementation of the BEBC, until such time as a permanent Nonprofit Administrator and Board
of Directors are in place.
[DYEIDISK#EDST AFF2\BEBC.113]
\ \~lo
RESOLUTION
/ 7..5,J. ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING
THE MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA BUSINESS
INCUBATOR NETWORK FOR THE DEVELOPMENT OF AN ENVIRONMENTAL
INCUBATOR FACILITY AND A RELATED CONTRACT BETWEEN CALIFORNIA
BUSINESS INCUBATOR NETWORK AND BUSINESS CLUSTER DEVELOPMENT; AND,
RE-APPROPRIATE $10,000 THEREFOR FROM THE BORDER ENVIRONMENTAL
COMMERCE ALLIANCE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
WHEREAS, the City Council of Chula Vista, on April 7, 1994, endorsed the Border
Environmental Commerce Alliance (BECA) including the following: 1) an Environmental
Technology Resource Center, 2) an Environmental Business Cluster, and 3) a BECA
Demonstration Area; and,
WHEREAS, as part of the State's California Environmental Technology Partnership
(CALETP), CALEPA and the California Trade and Commerce Agency announced in February
1994 support of three environmental business cluster incubators, one of which to be
located in Chula Vista; and,
WHEREAS, the Border Environmental Business Cluster (BEBC), as modeled after
the other two environmental incubators endorsed by the state, will incorporate an interim
non-profit administrator and a private developer/fundraiser; and,
WHEREAS, California Business Incubator Network (CBIN), as the interim
administrator, and Business Cluster Development (BCD), as the private developer/
fund raiser, have demonstrated competence, experience and professional qualifications in
the incubator development business.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does
hereby find, order, determine and resolve to:
(1) Approve the Memorandum of Understanding, on file in the Office of the City
Clerk and known as document , with CBIN and authorize the City Manager
to execute same;
(2) Acknowledge and approve the contract between California Business Incubator
Network and Business Cluster Development, attached to said Memorandum of
Understanding; and,
(3) Re-appropriate $10,000 in the Border Environmental Commerce Alliance
Community Development Block Grant Funds Account 649-6491-BG106.
~~
Presented by
Chris Salomone
Directory of Community Development
IOYEIOISK#IBEBC.RESI
/!"-A
MEMORANDUM OF UNDERSTANDING
BElWEEN THE CITY OF CHULA VISTA AND
THE CAIJFORNIA BUSINESS INCUBATOR NElWORK
....................'.....'...'.....'..........................................,.,...,'.....................'.....'.....',....'.w...
.......................................
,.;.:.,.,.,.,.;.,.:.;.;.;.;.,.,.;.,.,.;.,.,.;.;.;.;.,.;.;.,.;.;.;.;.;.;.;.;.;.,.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;-;.;.;.;.;.;.;.;.:,:.;.:,:.;.:,:.,.;.,.,.:.;.,.:.;.:.:.;.:.:.;.:.:.;.:.:.;.:.;.:.:.;.-,-.-.-.-
.;.;.:.;.:.:.;.;.:.;.;.:.;.:.:.;.,.:.;.:.:.;.;.;.;.:.:.;.;.:.;.;.:.:.;.:.:.,.:.:.,.:.:.;.:.;.;.:.:.,.:.:.,.:.:':':':':':':':':':':':"':':'.':':',,:.:.,.:.:.,.:.:.:.:.;.:.:.;................
... ............................................. ..... ........... .........w........
The City of Chula Vista, a municipal corporation, and the California Business Incubation
Network (CBIN), a non-profit 501 (c) (3) organization, have entered into this memorandum
of understanding effective as of , 1994 in order to help create the
Chula Vista Border Environmental Business Cluster (BEBC), an environmental business
incubator program. The goal of the Incubator program is to encourage environmental
business start-ups by providing a common site within the City of Chula Vista where 20-25
start-ups can co-locate and receive inexpensive space, furnishings, and management
services as well as business development assistance and networking designed to improve
their chances for success. The Incubator will be coordinated in a manner to maximize its
interface with other projects within the Border Environmental Commerce Alliance (BECA),
including the Border Environmental Technology Resource Center (BETRC) and BECA
Demonstration Program, and with the California Environmental Business Incubator
Program (CEBIP).
ROLE DEFINmONS:
City of Chula VISta: Referred to herein as "City". The City is agreeing to provide $10,000
in seed money to help develop the incubator program, and will have right of approval of
the Incubator Draft and Final Business Plan, and of payment to CBIN and the Developer
from the City's seed money and from private donations, as delineated herein and in the
accompanying contract between CBIN and the developer.
California Business Incubator Network (CBIN): Referred to herein as "CBIN". CBIN is the
interim non-profit administering agent of the proposed incubator, and is the "local team
member" to assist Business Cluster Development to develop the incubator program and
facility. CBIN agrees that in performing its obligations under this contract it shall be acting
in all respects as an independent contractor and shall not be deemed an employee of the
City.
Business Cluster Development (BCD): Referred to herein as "developer". The developer,
under contract to CBIN, will prepare and implement the incubator Business Plan, and
accomplish the initial opening of the incubator facility.
Chula VISta Border Environmental Business Cluster (BEBC): Referred to herein as
"incubator". The BEBC is the proposed Incubator program and facility which will provide
low cost space and shared services for start-up environmental firms.
Contract: The contract refers to the related contract between CBIN and Business Cluster
Development, the Developer, which requires developer to prepare the Incubator Business
Plans, raise funds and open the Incubator facility, subject to City Council approval.
WPC M:\HOME\COMMDEV\1826.94
Page 1
//~1
MEMORANDUM OF UNDERSTANDING
.......................................
,.,.:.:.,.:...:.:.:.:.,.:.:.:.,.:.:.,.:.:.:.:",:.,::,:.,::,:::::,:::,::::::::<
.....'........'..................
...................w..
.. ... ... ..,..~::...... ,','" " .
:.:.:.:.:.:.:.:.:.:.:.;.:.:.:.:.:.:.:.:.:.:.;.:.:.;.;.:.:.;.,
.......................................
....,.....,.....,.....,..w....,..
:.,.;.:.,
",".,.,.:.:.:.:.:.:.:.:.:.
::::~ :.:.:.:.;.:.:."
:';':':';':':"':N:":':"':':'
,:::::,::::::::::;::::::::::~::::~:
i,=,=,::::::,::'"
:.:.;.:.,.:.:.'.:N:.'.:.:.,.:.,.:.,....
................................
Board of Directors: The City of Chula Vista and CBIN will remain independent
organizations. A Board of Directors will be formed to provide policy and general
administrative oversight of the incubator program and the non-profit administering
agency/sponsor.
The Board will include members from the City of Chula Vista, CBIN, the incubator sponsors
and other community and environmental business representatives as determined by the
Incubator Business Plan to be adopted by the City of Chula Vista City Council.
Operations:
The parties hereby agree as follows:
1. City's Duties:
a) City appoints CBIN as the interim non-profit sponsor of the Incubator and
will coordinate the initial development and operations of the Incubator. In
this role, CBIN will accept donations of capital, furniture and equipment for
the Incubator project as an IRS-qualified SOI(c)(3) non-profit, and will
perform other functions as delineated in Section 2 below. The City in its
sole discretion may replace CBIN with another nonprofit organization to
manage the Incubator at any time (upon 30 days notice). If the City does
so elect to replace CBIN, CBIN agrees to transfer to the City, or its designee,
all rights, title, and interest in and to any and all books, records, contract
rights, lease rights, donations, equipment and! or other assets funded by
donations, which relate to the incubator project. It is anticipated that CBIN
will complete the start-up phase and be replaced by a local permanent non-
profit sponsor no later than the end of the first year of Incubator operations.
b) City will donate $10,000.00 to CBIN in order to provide the initial funds
(seed money) necessary to start the Incubator development process upon
execution of this contract, for the purpose of CBIN's making the initial
$10,000 payment to the Developer to begin to develop the Incubator
Business Plan and obtain private sponsor financial commitments.
c) City will provide limited staff support (estimated to average less than 4
hours per week), including review of budgets, business plan and other
financial reports, and assistance in identifying potential donors of capital
and space (sponsors) as well as with securing necessary community
alliances.
d) City will take the lead role in the launch/announcement of the Border
Environmental Business Cluster, i.e., the Incubator. Organizing and funding
the launch/announcement will be the responsibility of the City with staff
assistance from CBIN and the Developer. CBIN, the Developer and
Incubator sponsors will all receive public recognition for their contributions.
WPC M:\HOME\COMMDEV\1826.94
II.--f
Page 2
MEMORANDUM OF UNDERSTANDING
. :.":.::.",:.:::.:.:.:.:.:.:.::.:.:::":':":":":':':':':':::':':':':::':::::':::'::::::::::::::1::.::,:;:;:;:;:::::::,::::::;:::::;:;::;:::;:;:;:;.;.:.:.;.:.:.:.,;.;.;.: :.:.,.",:.,.:.:.,.,.:.;.,."
.,.....,.....,.....,.....,.....,..........................,......,....,.....,..:.:.,.:.:.:.:.:.:.:.:.:.:.,.:.:.,.:.:.".;.:.:
..............................................................
,. ,.. ,.... "..................................,
............ ................y.............y.......
:.:.,.:.:.:.:.,.:.:.:.:.,.:.:.;.:.:.:.:.:.:.:.,.:.:.,.:.:.:.:...:.;.:.:.".:.:.:.;.:.:.:.:..............
..........................................'...'..................,.........,.....
2. CBIN's Duties:
a) CBIN will accept funds raised to underwrite the development of this project
as donations to CBIN, a non-profit 501(c)3 organization and to be
responsible for all Incubator related accounting systems and financial
management, using the accounting firm of Coopers and Lybrand. CBIN will
be entitled to subtract management fees based on actual billable hours, not
to exceed a 7% fee from each donation, to cover its fiduciary and
administrative costs. CBIN will maintain separate books and records for the
deposits into and disbursements from the fiduciary accounts handling tax
deductible donations. CBIN will not be entitled to retain any interest that
is earned on the funds deposited in these fiduciary accounts. Interest
earned on the fiduciary account will be for the sole and exclusive benefit of
the Incubator project. In addition to the accounts for incubator donations,
CBIN will keep separate books for handling incubator revenues including
rental proceeds. CBIN will be responsible for management of the budget
and of all daily accounts payable and receivable of the Incubator. CBIN will
provide the City monthly financial reports.
b) CBIN will enter into the attached consulting agreement with the Developer
to manage the development of the Incubator and that CBIN will act as the
local "team member" to assist the Developer to execute the incubator
development tasks outlined in the contract, and as requested by the
Developer. CBIN will make payment to the Developer as provided in the
attached agreement, subject to receipt of acceptable deliverables (the Draft
and Final Business Plan) as approved by the Chula Vista City Council (see
Section 4.0.1 of the CBIN/Developer contract).
c) Subject to identification by the Developer and approval by the City Council
of appropriate incubator space, CBIN will lease such space for the specific
purpose of housing the Incubator. CBIN will pay all expenses related to the
development and operations of the Incubator from sponsor funds raised by
the Developer and rents collected from Incubator tenants.
d) CBIN will hire Incubator staff as contractors of CBIN and to pay incubator
employees from funds in the Incubator operating budget, which will be
funded from sponsor donations and rents collected. CBIN shall be
responsible for such benefits as required by law, also paid from the
Incubator operating budget. CBIN shall have no financial responsibility for
the capital, operating or other budget of the Incubator in excess of the
Incubator revenues, including both rents and sponsor donations.
e) CBIN will receive applications from interested start up businesses and that
the City will be informed about start-ups receiving consideration for entry
into the Incubator and will receive copies of all subleases with start-ups
entering the Incubator. The City Council will be responsible for adopting
overall Incubator policy including the initial Incubator tenant selection
WPC M:\HOME\COMMDEV\1826.94
11-7
Page 3
(
~r'
MEMORANDUM OF UNDERSfANDING
(eligibility) criteria. However, the Developer will make the final decisions
concerning initial businesses to be allowed entry into the Incubator. After
completion of the duties required by the contract with the Developer, the
City reserves the right to form a Technical Advisory Committee (TAC)
and/or a Financial Advisory Committee (FAC) to review candidate tenants
and make final tenant selection decisions; the TAC and FAC may be
subcommittees of the Board of Directors or separate advisory groups.
f) CBIN will provide property management services for the incubator facility,
including oversight of: initial facility build-out/improvements, equipment
purchasing/leasing, rent collection, and facility and equipment maintenance
as appropriate, as well as payment of all related fees and bills.
g) CBIN will coordinate meetings with potential financial sponsors, the
Developer and the City as appropriate and as requested by the Developer
and/or the City.
h) CBIN will assist the Developer to implement the Incubator marketing and
public relations plan as requested by Developer and the City.
i) CBIN will take the lead in developing local alliances to provide business
development support to tenants, including, but not limited to, in the areas
of: financial assistance; job/entrepreneurial training; environmental export
assistance; environmental compliance and permitting assistance;
environmental and other data-base linkages; partnership and distribution
linkages; environmental technology transfer; and training in environmental
management techniques which incorporate the use of sustainable
technologies into tenant business practices. Such alliances are to include,
but are not limited to, the proposed Border Environmental Technical
Resource Center, the State's California Environmental Business Incubator
Partnership, the San Diego High Tech Resource Center/Regional Technology
Alliance, and Technology Incubator Program, as well as the Southwestern
College Small Business Development Center/International Trade Center
(SBDC/ITC).
j) In addition to the tasks outlined above in sections "c" through "i", CBIN will
assist as specifically requested by Developer to carry out tasks identified in
the attached contract. CBIN will be entitled to be reimbursed by the
Developer for services performed as requested by the Developer per the
contract in the amount of $50 per hour not to exceed $30,000 in total,
subject to approval by the City Council as described in Section 4.01 through
4.05 of the contract. This $30,000 is exclusive of the maximum 7% fiscal
management fee, per item "a" above, and shall be invoiced accordingly.
k) CBIN will assume responsibility for daily management, and financial
accounting for the Incubator and for financial reporting to the City until
another non-profit is selected by the City to assume Incubator management.
WPC M:\HOME\COMMDEV\1826.94
/ / ' /0
Page 4
( \
.8/1994 HI: 31 4158546l!l12
--,
PAGE l!l2
JUN- 1-94 TOE 12:11
CotlMUNITY DEVELOPMENT
FAX NO. 6194765310
P.02
MOO
__..I.!JfUlll!~"jl:llllr"fir'r.'" J 'n UI: I' 1 ...~. J ..111:[; I I r JIilj! , n' 'I ,:::11\
2) CommercIal General Uabllity lns\lr~ Includlns 8uslneal Automobile
IllI\lranCe which names City .. Additinnallnaurc4. and IS Ittaptable to
the City.
City of Chula VIIta ObllpUODlI It is p,pressly clear tJIal netther this MOU Aor the
lICCnmpanylng qreemont betweln CBlN and BCD obllpt6 the City of Chull Vleta tn .ny dltect
financial partlclpation abo'" IlI4 beynnd the $10,000 contribution to CBIN for prosrBm s~
money .
Location of Incubator: It II exprcaaly ul\derltcl<ld that Ihc City'. partloipation In thla MOU and
the tolatc4 li'tcJII,tftt bcI.\ftCA CBIN and BCD requires that tbe cnvltonmcntallnoubator be
located In tile City of Chula Viata and OUlt CBlN and BCD are problbitcd from deVelopln. an
Bnvironmentalllll:llbato,r within the Cnunty of San Diego w\thOUt the written consent of the City
of Cllul. Vllta CUy Couldl.
Contact Pencml; For purpoIClI of the MOO and tho related c:ontral:t, the conwt person at the
City shall be the Economic Development M8IIlICf. The CBIN contlCt shall bI the President,
SltcUa Wuhlnaton. and tho Developer CI'llttatt .hall be 11m Ro\lhlllR.
By: Dale
SheU. WuhlnJtOl'. Prelldcnt
California lluIlllllIIS lneubator Network
By: ~
. John Golla, CIty Manager
City of ChulB Vlata
Acknowledge and Approved By:
~~
11 bin.
Business Chlster DcvoloplllCnt
I I
f I
I I
/(,/~
of , .. 'II
.::l~ibl~6vql,()P\1gtff.
, ':~', ';.:'~ i ~:. . '} ~ : .
,,:' ::' :;..:.
: ,~: .
, , ,I
'.' I.. :
, ,:
i
" ' 1
P.02
,JUH- 9-~,~ T.t.1U
JUN- O-~4 nuN l~:~~
FAX NO. 8194785310
P.02
. '. '.. .... :: : DR.UT MOU
. ~fM/!\\Im:l1llll~lI~I.~!nJ:I~~6,"~.'IIJ."~~llllll!lllliWllll.~~
....:.:' 'I" ,
. 2) ~~~~~t~~.~~i!i~ ~ lnc1uc1inB BlJEfness AutOlllobiJe
lltiU(~, . r~,~;~ Cl.t)';1S AdditKmal Jl15Ured, lllld as acceptable 1.0
oJ. 't?l,,;... . I....
'\1.11 .....,.:. . ....
: City .4f CbuJa Vista ~II. : ~.:~...b.~Iy. elear Chat Mklar this .MOll not 1hc
; ~Oll/f'an,ylllJ~nl ~#f~$.*,i~;~ ~ate tbc Cit)' ofCJLula Vist. to 11I1 direct
,f1nancltal pattlcIp-atlOn. ab~~I~.~OY"':~~:!~Qi900 contrlbutlon 10 CBIN for program seed
MOnoy. . . .!. !,. :. .". .
, , " ': ; I
,:t..eClltl~ oflpQl~Ort 1t;~'__11131 ,.'. .' . '.Ib_! tbe.City's particIpation In lblB MOO and
,(11e r~ed allfOll. ~~~r., .:.: .rOl'Qlir;lla that the envlronll!.tl1Ia11ni:ubator b~
]~: In ~ .CIty :of Chlifi ~, . d' BCD art prohl<ea from c1evc1o.plJI. ,an
iEnYlrOilJneDtl1_~~~~~: '. :: ,:~.~,go wltb01lt lbe wrIttcn.~ of.tbc Clly
.of Chllla Vista CJtY:CoUIlC~., ": . :; I '.;:
, :' , ~" , . '.
:(:lll'IlaJ:t PerSGn.$; F~ ~~; '. '.. ..~,~'m.ted contract. the contact )lCrBOD at the
iCiey .~n bl tht ~om~'~liui ; .. <<. ,tho CBIN .COl1tact s\l8l1.lle I/le Pteslde.ot.
SbOll"WasblJl,gr04,;and'.~~' ,': ~,.:' .~llmRobbilll. .'
, "',,.. ,
" . , : .:' ~ j
. ,.'
.81.' Datcl
. .: John Cbs, City Manager
. :' City elf ellul. Vista
A~(,)W1e4snl1<1 Ap)l'(Ivc4 By~'.: :':, .
,,' .
.,
, .
" ,':, j
.
, . .",
t I, ~ I I, II II . ! ~",' ~
Jhll R.obbbls . '
BllSlpL:SS' Cluster DevetOPlDCl1t.. . ,,:. : :::.;
'.
.,.,.. f
. . .
, I , '
'," "" i
. ' I ,
, ,," ,
" I, ': '
, .
, .:.
.. ,
,.,
. , "
, :: r -:
, ': I
, 'j'
. . ' "
.' .
" . ,
: ,'; :
. "
!': I
. ..
.' , .1 ,
. .~ ",." '1'~~~!lt..'W.'ll'\"""""i'i'f!'Miiit'llil:iiliti
-""'-'III\III!oIIlIIiI.. ;&Il!.',. , '. ". .
'1"""'fIN"'Il""l'!"" " ,:,::.':!, ,':'1' :' ' ': Pall. 5
WI'C I<ltlll1ltJll,COIIldM1VbWlollC .' .,. ; .' : '; I" _ /3
MEMORANDUM OF UNDERSTANDING
1) CBIN agrees that the City reselVes the right to form an Executive Committee
to provide MOU oversight as deemed appropriate.
m) CBIN will, at City's request, file with the City Form 730, "Statement of
Economic Interests" in accordance with the Fair Political Practices
Commission (FPPC).
City of Chula VISta Obligations: It is expressly clear that neither this MOU nor the
accompanying agreement between CBIN and BCD obligate the City of Chula Vista to any
direct financial participation above and beyond the $10,000 contribution to CBIN for
program seed money.
Location of Incubator: It is expressly understood that the City's participation in this MOU
and the related agreement between CBIN and BCD requires that the environmental
incubator be located in the City of Chula Vista and that CBIN and BCD are prohibited from
developing an Environmental Incubator within the County of San Diego without the written
consent of the City of Chula Vista City Council.
Contact Persons: For purposes of the MOU and the related contract, the contact person
at the City shall be the Economic Development Manager. The CBIN contact shall be the
President, Sheila Washington, and the Developer contact shall be Jim Robbins.
By: Date
Sheila Washington, President
California Business Incubator Network
By: Date
John Goss, City Manager
City of Chula Vista
Acknowledge and Approved By:
Jim Robbins
Business Cluster Development
WPC M:\HOME\COMMDEV\1826.94
!I-II
/ - /t/-
Page 5
CONTRACf FOR SERVICES
DEVELOPMENT OF BORDER ENVIRONMENTAL BUSINESS CLUSTER
ONCUBATORPROGRANij
This AGREEMENT made this
day of
, 1994, between:
CUENT: California Business Incubation Network (CBIN), having a principal place
of business at: 350 S. Grand Ave., Los Angeles, CA 90071; and
CONTRACTOR: Business Cluster Development (BCD), having a principal place of
business at: 160 N. Castanya, Menlo Park, CA 94028. Referred to herein as "Developer".
DEFINITIONS:
Border Environmental Business Cluster (BEBC) - referred to herein as
"Incubator": The incubator program and facility which will group small start-up
environmental companies in one building and provide benefits and assistance to encourage
the commercialization and demonstration of environmental technologies.
Business Cluster Development: Referred to herein as "Developer". BCD will
act as the Incubator developer. Under contract to CBIN, and in accordance with the related
MOU between CBIN and the City of Chula Vista, BCD will prepare and implement the
Incubator Business Plan, and accomplish the initial opening of the Incubator facility.
California Business Incubator Network: Referred to herein as "CBIN". CBIN
is the interim non-profit administering agent of the proposed Incubator and is the "local
team member" to assist BCD to develop the Incubator program and facility.
City of Chula Vista: Referred to herein as "City". The City is providing
$10,000 in seed money to the Incubator project and has the right of approval of the Draft
and Final Incubator Business Plan, as well as of payment to the developer and CBIN for
costs incurred as delineated herein and in the related MOU.
MOU: Refers to the Memorandum of Understanding between the City of
Chula Vista and CBIN which outlines their respective roles in the Incubator project and
requires CBIN to contract with BCD, the developer, to develop the Incubator program and
facility.
WPC M:\HOME\COMMDEV\1826.94
II ~ /S'
Page 1
ARTICLE 1. TERM OF CONTRACT
Section 1.01. This agreement will become effective upon execution, and will continue in
effect until the services provided herein have been performed, unless terminated in
accordance with provisions of Article 7 of this agreement.
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
Section 2.01. It is the express intention of the parties that the Developer is an independent
Contractor and not an employee, agent, joint venturer or partner of CBIN. Nothing in this
agreement shall be interpreted or construed as creating or establishing the relationship of
employer and employee between CBIN and the Developer or any employee or agent of the
Developer. Both parties acknowledge that the Developer is not an employee for state or
federal tax purposes. The Developer shall retain the right to perform services for others
during the term of this agreement, except as prohibited in the MOU.
ARTICLE 3. SERVICES TO BE PERFORMED BY DEVELOPER
Specific Service
Section 3.0.1. The Developer agrees to develop an environmental business incubator
within the City of Chula Vista, including the following tasks:
1. Identify and recruit financial sponsors to provide a site/facility for the incubator,
as well as available furniture and seed capital for the incubator. (Seed capital is
the funding needed to pay operational expenses until tenant rents are sufficient to
cover such expenses.) Recruitment of sponsors shall include presentations to
potential sponsors and follow-up to help secure their support.
2. Identify a preferred incubator site and at least one alternative site, each of which
accommodate 15,000 to 20,000 square feet of incubator space, or enough space
to adequately accommodate up to 25 start up businesses.
3. Provide a detailed written site analysis which includes a functional and financial
analysis of the advantages and disadvantages of each site, and a spread sheet
analysis of estimated income and expenses at the potential sites, i.e. a projected
operating budget for the first two years, including all development costs.
4. Recommend and secure appropriate donated site.
5. Develop recommended incubator program goals, initial incubator policies;
operating principles including application and tenant selection criteria (consistent
WPC M:\HOME\COMMDEV\1826.94
11- /10
Page 2
with the Border Environmental Commerce Alliance Mission Statement); and
management structure, including recommended Incubator staffing.
6. Prepare a marketing plan to identify potentially successful environmental business
niches/sectors and to attract potential start-up tenants to the incubator and prepare
public relations plan to publicize the incubator. Develop and print a "Border
Environmental Business Cluster" brochure.
7. Hire and train incubator staff (who will then assist in remaining tasks).
8. Solicit incubator tenants. Screen and qualify interested start-up businesses; select
initial incubator tenants in accordance with approved selection criteria.
9. Oversee facility planning and site fit-up.
10. Assist and cooperate with CBIN in the creation of an alliance of local and regional
environmental, business, public and educational institution resources to work with
the incubator start-ups.
11. Assist with the formation of the Board of Directors for the incubator, as well as the
Technical and Financial Advisory Committees, as deemed appropriate by the City,
and with the development of related policies and procedures.
The Developer agrees to prepare and submit to the Chula Vista City Council for their
review and comment, a Draft detailed, written business plan for the Incubator program.
The Business Plan shall include:
a. site identification per item 2 above.
b. site analysis per item 3 above.
c. identification of potential sponsors per item 1 above.
d. two year operating budget per item 3 above.
e. recommended Incubator goals, policies, operating principles and
management structure per item 5 above.
f. proposed implementation schedule.
g. marketing plan per item 6 above.
h. recommended service providers/alliance network, per item 10
above.
i. recommended Board and Advisory Committee structure and policies
per item 11 above.
Following receipt of staff and Council input, the Developer agrees to prepare a Final
Business Plan for review and adoption by the City Council and shall submit four bound and
one unbound copies.
WPC M:\HOME\COMMDEV\1826.94
/ (- /7
Page 3
Employment of Others
Section 3.02. Developer may, at the Developer's own expense, employee such assistants
or subcontractor as Developer deems necessary to perform the services required of
Developer by this agreement. CBIN may not control, direct, or supervise Developer's
assistants or employees in the performance of those services. Developer assumes full and
sole responsibility for the payment of all compensation and expenses of these assistants and
subcontractors.
Place of Work
Section 3.03. Developer shall perform the services required by this agreement at any place
or location and at such times as Developer shall determine. Developer will, however,
attend meetings in the city of Chula Vista as requested by City staff. Travel costs to Chula
Vista and related lodging expenses will be reimbursed separately from the compensation
stated below in Section 4.01, from cash donations.
ARTICLE 4. COMPENSATION
Payment Benchmarks
Section 4.01. In consideration for the services to be performed by Developer, CBIN agrees
to pay Developer:
The development fee for this project shall be $60,000.00, plus travel and lodging expenses.
As indicated in Section 3.0.1. above, the Developer's scope of work shall include
fundraising activities for the Incubator, including donation of a facility and equipment as
well as cash donations for operational costs. The Developer's compensation shall be paid
by CBIN from the funds raised by the Developer, with the exception of the first $10,000
payment which shall be made by CBIN from the $10,000 in seed money provided by the
City of Chula Vista.
WPC M:\HOME\COMMDEV\1826.94
/ /-
Page 4
The development fee shall be paid to the Developer according to the following schedule
of benchmarks:
RPnrhlllJlTk Payment Approval
1- First benclunark: Signing of $10,000.00 Upon execution of MOU between City
development contract of Chula Vista and CBIN, and of
CBIN/Developer contract.
2. Second benclunark: $15,000.00 Subject to City Council review and
approval of Draft Business Plan
. Completion and approval of the Draft including evidence of commitments.
Business Plan:
. Snonsor commitments obtained for
the first $40,000 of seed capital to
develop the Incubator. (Note: $40,000
is exclusive of the $10,000 fee, for a
total $50,000 fundraising benclunark.)
3. Third benclunark: $10,000.00 Subject to approval of the Final
Business Plan by City Council
. Final Business Plan is submitted and
approved by City Council
4. Fourth benclunark: $15,000.00
Facility for the Incubator is secured.
and sufficient seed capital is raised to
open the Incubator and the Incubator is
officially opened.
5. Fifth benclunark: $10,000.00 Subject to approval by City Council.
All project development under the
contract is completed.
TOTAL $60,000.00
Timing
Section 4.02. The Developer agrees to have completed the Draft Business Plan within 2
months of the execution of the MOU and the contract; to have completed the Final
Business Plan within 1 month of City Council's approval of the Draft Plan; to have secured
the site and opened the incubator within 3 months of completion of the Final Business Plan
and to have completed the entire contract within 12 months of execution of the contract.
Payment of local team member
Section 4.03. The Developer shall be responsible for developing/implementing the
Incubator, and specifically for the tasks delineated in Section 3.0.1. above. However, in
that capacity, the Developer shall be able to utilize the services of CBIN to assist as the
local Incubator team member (as noted in the MOU between CBIN and the City of Chula
/1---
Page 5
WPC M:\HOME\COMMDEV\1826.94
Vista) in such implementation. BCD may reimburse CBIN on a billable basis at a rate of
$50.00 per hour, not to exceed $30,000 in total over the life of the contract.
Invoices
Section 4.04. The Developer shall submit invoices for all services rendered per the
schedule above. Such invoices shall also identify an hourly breakdown of billable services
by CBIN as authorized by BCD. Upon receipt of payment by the developer, the developer
shall immediately pay to CBIN any amounts owed to CBIN for hourly services performed
and approved thereby. .
Expenses
Section 4.05. Developer shall be responsible for all costs and expenses incident to the
performance of services, including but not limited to, all costs of equipment provided by
Developer, all fees, fines, licenses, bonds or taxes required of or imposed against Developer
and all other of Developer's costs of doing business.
ARTICLE 5. OBUGATIONS OF DEVELOPER
Tools and Instrumentalities
Section 5.01. Developer will supply all tools and instrumentalities required to perform the
services under this agreement. Developer is not required to purchase or rent any tools,
equipment or services from CBIN.
Section 5.02. Developer will not be liable to CBIN, or to anyone who may claim any right
due to a relationship with CBIN, for any acts or omissions in the performance of services
under the terms of this Agreement or on the part of employees or agents of the Developer
unless such acts or omissions are due to negligence or willful misconduct. CBIN will
indemnify and hold Developer free and harmless from any obligations, costs, claims,
judgments, attorney's fees, and attachments arising from, growing out of, or in any way
connected with the services rendered to CBIN under the terms of this Agreement, unless
Developer is judged by a Court of competent jurisdiction to be guilty of willful misconduct.
Assignment
Section 5.03. Neither this agreement nor any duties or obligations under this agreement
may be assigned by Developer without the prior written consent of CBIN and the City of
Chula Vista in their sole discretion.
II ;jO
Page 6
WPC M:\HOME\COMMDEV\1826.94
State and Federal Taxes
Section 5.04. As Developer is not CBIN's employee, Developer is responsible for paying all
required state and federal taxes. In particular:
. CBIN will not withhold FICA (Social Security) from Developer's payments;
. CBIN will not make state or federal unemployment insurance contributions on
Developer's behalf;
. CBIN will not make disability insurance contributions on behalf of Developer;
. CBIN will not obtain workers' compensation insurance on behalf of Developer.
Financial Interests of Developer
Section 5.05. At City's request, CBIN and/or any executive therefor, as designated by City,
shall file with the City Form 730 "Statement of Economic Interests" in accordance with the
FPPC regulations.
ARTICLE 6. OBUGATIONS OF CUENT
Cooperation of Client
Section 6.01. CBIN agrees to comply with all reasonable requests of Developer (and
provide access to all documents reasonably) necessary to the performance of Developer's
duties under this agreement.
CBIN agrees to receive contributions, manage accounting and bookkeeping and pay
incubator employees until such time as a local non-profit agency is identified or created to
be the permanent owner/sponsor of the incubator.
Assignment
Section 6.02. Neither this agreement or any duties or obligations under this agreement
may be assigned by CBIN without the prior written consent of Developer and the City of
Chula Vista.
ARTICLE 7. TERMINATION OF AGREEMENT
Termination by Client for Default of Developer
Section 7.01. Should Developer default in the performance of this agreement or materially
breach any of its provisions, Client, at Client's option, or the City of Chula Vista at its
option, may terminate this agreement by giving written notification to Developer. Payment
shall still be due Developer for any completed benchmarks.
1/~2
Page 7
WPC M:\HOME\COMMDEV\1826.94
Termination by Developer for Default of Client
Section 7.02. Should CBIN default in the performance of this agreement or materially
breach any of its provisions, Developer, at the Developer's option, may terminate this
agreement by giving written notice to CBIN and the City. Notwithstanding the foregoing,
such termination shall not become effective until 30 days after such notice, during which
time CBIN shall, at the City's sole discretion, be given the opportunity to cure such breach
in a manner satisfactory to the developer and to the City. The City shall reserve the right
to replace CBIN as stated in the "Operations" section of the MOU during the developer's 30
day notice period - or at anytime during the contract period with 30 days notice by the
City. Payment shall still be due Developer for any completed benchmarks.
Termination for Failure to Make Agreed-Upon Payments
Section 7.03. Should CBIN fail to pay Developer all or any part of the compensation set
forth in Article 4 of this agreement on the date due, Developer, at the Developer's option,
may terminate this agreement if the failure is not remedied by CBIN with thirty (30) days
from the date payment is due by giving written notice to CBIN and the City.
ARTICLE 8. GENERAL PROVISIONS
Notices
Section 8.01. Any notices to be given hereunder by either party to the other may be
effected either by personal delivery in writing or by mail, registered or certified, postage
prepared with return receipt requested. Mailed notices shall be addressed to the parties
at the addresses appearing in the introductory paragraph of this agreement, but each party
may change the address by written notice in accordance with this paragraph. Notices
delivered personally will be deemed communicated as of actual receipt; mailed notices will
be deemed communicated as of two days after mailing.
Entire Agreement of the Parties
Section 8.02. This agreement supersedes any and all agreements, either oral or written,
between the parties hereto with respect to the rendering of services by Developer for CBIN
and contains all the covenants and agreements between the parties with respect to the
rendering of such services in any manner whatsoever. Each party to this agreement
acknowledges that no representations, inducements, promises, or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which
are not embodied herein, and that no other agreement, statement, or promise not
contained in this agreement shall be valid or binding. any modification of this agreement
will be effective only if it is in writing signed by the party to be charged.
1/,2
Page 8
WPC M:\HOME\COMMDEV\1826.94
Partial Invalidity
Section 8.03. If any provISIon in this agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless
continue in full force without being impaired or invalidated in any way.
Attorney's Fees
Section 8.04. If any action at law or in equity, including an action for declaratory relief,
is brought to enforce or interpret the provisions of this agreement, the prevailing party will
be entitled to reasonable attorneys' fees, which may be set by the court in the same action
or in a separate action brought for that purpose, in addition to any other relief to which
that party may be entitled.
Third Party Beneficiary
Section 8.04. The parties hereto acknowledge and agree that the obligations set forth
herein are for the benefit of the City of Chula Vista as a third party beneficiary of this
contract.
Approved by:
Jim Robbins
Business Cluster Development (BCD)
Date
Approved by:
Sheila Washington, President
California Business Incubator Network (CBIN)
Date
WPC M:\HOME\COMMDEV\1826.94
/1-c2
Page 9
66/68/1994 16:31
4158546612
PAGE 63
JUN- 1-94 TUE 12:23
COI1l1UNITV DEVELOPMENT
FAX NO. 6194166310
P.ll
PartlallllTAlldlty
SecllOll 8.03. If any provision in thlft IllroclOl:llt is held by a court of competent jurisdiction to
be Invalid, void, or unenforceable. the remaining pl"ovlslonl will neverlhe1al continue in t\J1I
for" without belnllmpalrecl. elf lnvalidatcd In any way.
Attorney" Fees
Section 8.04. If any acllon at taw 01' In equllY, IlIcludilll an action fot declaratlll')' tollef. is
brought to onforeo or InWrprel the ptGvlslOlll of th I. allrCl!lI1IInt. the preva\llna party will be
Ill\tltlecllO reasonable aUOfl1Cyl' tees, which may be set by lllO court In the same IICtklll or In a
separate acllon brought for that purpOllll, in addldon to any other relief to which that party may
be entitled.
Tblrd Party Dendldat)'
Section 8.04. The parties herelo ac:Icnowlcdp and qt_ that tho oblllllltlollll Rt forth herein ate
for the benefil of the City of Chula Vista lIII II third pany beneficiary crt this contract.
Approved by:
1~~ ~->
Business Cluater Development (BCD)
Apptoved by:
6-8-?"j
Date
Shell, W8lhlqton. president
California Buslnels IncubatOt NIlWOrk (C91N)
Date
//J'/
3 u t;turi- ti~lj4 ~UH 1~1~ u. 1_~~,jQ~~L~~
. . . , . ; .1:L'j :;,':. ':,',
. .
',' I,
.: ,,'
p.sa
FAH NO. 6194765810
P.03
'anlal IIl'l'.lidlty
..
" .1
.: ~ ;:
~tlion 8.0;t. If lII)' P~~\~.~ llj1.& ~ll)t4~, ,~14 by . COUrt or compcto.nl.jurladlc:lfon to
be lnvlllid, 'void, 1M' ~to.##~.~, ~ ~~1!tO\'''10IIJ wW DeVOt1holcsa ClmtlnllO In full
lbrce wlrhtlutbolll.ll\ilal~ W.1~:ic!.ai&J:way.
. . . '.: : : ~ ~ ! , : .
,.
AttOtflIl1'. F_
,,' .',
, . : :
Sec:tlOll 8.04. It ~ Itll04'~,~r';~ iD;.~. :~tng III .c:tion for cfoc;lar8.lOry relict, Is
brO\laht II) tnforc:e or Ib!'1Pf~ ~ ~~o.:Ottbl' JIIClllment, dlo provalllni part)' will b.
CIItlrlcd to reaionab1e Itto~~l ~!wb~..~. "".set by clio eourt In the samullllon cr In I
~p.ra~ .acdl111 b~QPI.t<< ~fIf~ '~.~ito any olllllr rclllefto which tlllt Part)' may
flunh1184. , ,,': "i. "
Thh'd p"rtt D,metlc:I~
. ~. ::: ~; :~:
. ,
. '. . .
~Ion 8.04. Th~ partlos ~~[~~J,lllI '!8l'ee tbllllhe ob/iJaUollS &etConllllereiD aro
fo, Iht bwIIc oftbo (:I~ ot:~I~ 'fl4ta:~. ~~Qil!!l'~any beneficiary ofdllB contraet.
.' ~;: I ;
Approl'td by:
I .'
,.; .' .
. ~: : ~: :
Ill11 Robbins '. :::::: ',':~ .
Blialnelll Clultot ~clOPlJl!ll\t ~b~ .' "
, .:'"
.' , :
: ,
lr~O~bY,: ":.;'., .
~~'~"~~~"" "',-
ShoU. Washtnatol'l,.l'teaIclOAt.: : . ,", ' ,
Cllllfumla DUS~ f1u:1lbatVrj~m (~. .
I, :; i .
"
Date
(P/6/tJ1~~
DIItc
. ,
.. .
. : ~. : ..
. h,. "
,':, ;,
, "
. " ,
. : : .' ~,
. I.,.:;: :: ~
:' ,'i.
.1 ,.
:: . ~ ;
. ' ,
': .:.' ': I
, '. 1 ~ .:
~~I"\lll'l!I~~'.~~~~iIMl'.7m.
\YJ'l; "IIICMr."'Ot\fM~llV\It:N;too '; : ;'::. / r- :<.5
IJlII'I"'~~~
P... .
... II::II"="
ATTACHMENT A
l'-
~
~
~
!b
lJI
t
'\l
~
~
t nJ',JI ", _..,,' .... ...~ ..~.
o
- 2-
o
August 4, 1993
EDC Minutes
Chairman Tuchscher said he was happy to see the Cultural Arts Commission looking at economics as a part of their
agenda and was looking forward to working with Mr. Dumlao.
3.
OLD BUSINESS
ATTACHMENT B
a. Presentation of City Market Study, Target Industry Analysis
1. B. McFarland outlined the changes to the market study report that the EDC had requested referring to the addition
of the recommendation regarding new vocational occupational training to be coupled with basic skills training, to
boost the overall City educational attainment and to clarify how projections of certain occupations were conducted
and how they originated from the local occupational information coordinating council. He also noted that the
Targeting and Development Strategies Report had been completed. Mr. McFarland asked for any comments from
the EDC.
Chairman Tuchscher noted that Mr. Lopez stated that while he was somewhat skeptical originally regarding the
proposed study, he was very happy with the report and felt this is an excellent economic development tool and he
fully endorses the study as prepared.
Member LoBue asked if this was the final report? Ms. Dye responded that the final draft of all components but
the Targeting and Development Strategies report were presented at the last meeting. The EDC's suggestions and
revisions have been made. The First Draft of the Targeting report was also presented at the last meeting. The Final
Draft of this document is what is presented today. Land use recommendations are included in this report.
MSC (ComptonlDavis) that theEDC recommend acceptance and submission the Market Study to the City
Council with the exception of what was received today (5-0-4, Allen, Peter, absent; two vacancies).
Ms. Dye handed out the Market Study's 'PR Package", a condensed version of the charts and graphs from the
Market Study, for the Commission's review. This will be a key marketing tool to be duplicated and handed out
to businesses, prospects. and provided in response to business inquiries.
4. SUBCOMMITTEE REPORTS
Chairman Tuchscher stated that in the interest of time the reports would be postponed.
A. Retention of Business
B. Permit Process Streamlining
C. International Airport
D. 10int Marketing Efforts
E. North Annerican Free Trade Agreement
F. Community Reinvestment Act
G. Special Events
H. BiotechlHigh Tech
I. lob Training
c. Special EDC meeting in August
Chairman Tuchscher stated he would like to call a special meeting to refocus on the following: establishment of
achievable goals and objectives for the next 12 months; to make sure the EDC is moving in the right direction; and
the need to get away from subcommittee reports. It was agreed that the special meeting would be held on Monday,
August 16 at noon.
b. Border Environmental Commerce Zone
Ms. Dye gave an overview of the BECZ and noted the three key elements of the BECZ. Firstly, an Environmental
Technology Resource Center (ETRC) which is a centralized clearinghouse for information and services of interest
to the environmental industry. There will be a computerized network that links into everything from federal labs
to a supercomputer center in San Diego. They are discussing locating it at Southwestern College. The second
11,029
EDC Minutes
o
- 3 -
(~
August 4, 1993
component is an incubator program for start up and small environmental businesses. Ms. Dye noted that Sbiela
Washington served on the BECZ Task Force and in her capacity with the California Business Incubator Network
provided valuable input into Ihis aspect of the program. The third component is an umbrella program of incentives -
such as loans, grants, seed money, tax incentives, etc. This could require state or federal legislation.
Ms. Dye said there have been numerous endorsements made to the program, including San Diego EDC, South
Collnty EDC, California Trade & Conunerce, CaIEPA, S.D. Economic Adjustment Program, PIC, Congressman
Filner, and the S.D./Imperial Valley Labor Council. The cities of National City, Imperial Beach, and San Diego
County bave conceptually endorsed the program to-date. A grant application for TRP funds has been submitted in
conjunction with the City of San Diego and the state.
MS (ComptonlDavis) to endorse the BECZ (5-0-4, Allen, Peter, absent; two vacancies).
5. LIAISON REPORTS - None
A. Bayfront Task Force - William Tuchscher
B. Chamher Economic Development Committee - Mike Maslak
C. So. Co. Economic Development Council - Penny Allen
D. Otay Valley Road Project Area Committee - Patty Davis
6. ORAL COMMUNICATIONS - None
7. MEMBERS' COMMENTS
a. Chairman Tuchscher noted that Mr. Johnson has moved from the City ofChula Vista and submitted a letter
of resignation. Jim LoBue and Gonzalo Lopez are not able to accept reappointment to the EDC. He asked
the members to give some thought as to who the Commission might recruit to get involved, who may be
able to help the group in particular area of expertise.
b. Chairman Tuchscher noted that since there was a quorum present he would ask for a motion to approve
the minutes.
MS (Davis/Compton) to approve the minutes of April 7 and May 5 as submitted (5-0-4, Allen, Peter, absent;
two vacancies).
8. ANNOUNCEMENTS
ADJOURNMENT at 1:45 p.m. to the regularly scheduled meeting of Wednesday, September I, 1993 at 12:00 noon
in the Public Service Building, Conference Rooms 2&3.
A:....-04-93.MIN
//___30
California Business Incubation Network (CBIN)
An association of business incubator advocates and management fostering the development of new businesses in California
\ Board .f Dine'.,. 1
ATTACHMENT C
AN INTRODUCTION
Sbeillt WaslWJctoa, PreIIdeM
San Dieao 1ncubator Corp.
Cl8udla Vlek, Vlc:e PresIdat
SaD Francisco ReDaiIance
EnlrepreneUl'lhipCenter
Jdhy MieleeI. Treawrer
Coopel'l . Lybrand
....ADs<'"
BarbaraHlrJey,Secretary
Harley Consulting Gro\IP
Palo Alto
California Business Incubation Network, a nonprofit 501(c)(3) corporation,
was established in 1990 and is the statewide association of incubator managers,
owners and advocates. Its founders and board of directors and members have
expertise in developing and managing both nonprofit and for-profit incubators.
...., B......
ru.dena n-1opmeDt Corp.
Barry Bryqiul50D
Padtic Bell, San FrudIco
JO$epbMeClun
Lancaster BusiDeIr. Caller
Tonia McDonald
CSBI, Global Budnea
Incubation, Culver Oty
Tapan MllDl'Oer PI:&.D.
Pacific Gas a: Elecl:ric Co.
...-
..........
FoodWorb Culliwy Center
IDcubator, An:ata
ArtburJ. SwerdIo<<r, Eaq.
Jerico MaDIJemeDI Co.
....ADI""
rna,Veradloor
WorIdport B.wnea Center
San Pedro
CHIN membership is comprised of developers, managers and supporters of
California business incubators. CBIN's network extends nationally and
internationally to approximately 1500 business incubators worldwide.
Bank of America
Coopen .t: Lybrand
blIDlentlleBallk
GTE Telephone Operations
Manuladuren BaDk
'aci6cBell
P.dtic: Gas & E1ccuic Co.
PricleIDdustries
WeUsPlrJOBaIlk.
Purposes:
1. To promote the concept of incubators as a strategic economic development
tool to encourage local economic diversity and to support local job
creation.
2. To provide leadership in the development of business incubators in
California.
3. To facilitate the establishment of linkages with other associations and
groups whose interests are related to the needs of small business
incubators and new businesses.
4. To provide resources on incubation that include general information,
advisors with a wide range of expertise, collaborations with international
incubation experts, and models and guidelines for developing and
operating incubators.
Corporate Sponsors:
California Office of
Small Dunne.
CRIN's Program Includes:
1. Regional meetings and seminars on incubation throughout the year, and an
annual membership conference
2. A quarterly newsletter and annual magazine
3. An information clearinghouse and referral &)'Stem
4. A training institute for managers, developers, and supporting practitioners
5. Initiation and coordination of strategies for technology transfer to smaller
and early-stage companies
6. Facilitation of strategies to position business incubation programs as their
communities' premier center for entrepreneurship
Supporters:
U5.SmallBUIineIt
AdministratioD
For more information about CBIN, about incubation, and about participating
in the planning of local incubator events, please contact:
Sheila Washington, President, 619/237-0559 . fax: 237-0521
Barbara L. Harley, Director, 415/856-6990 . fax: 493-0622
CBIN, c/o Coopers & Lybrand, 350 S. Grand Avenue, Los Angeles, California 90071
Tel. (909) 274-7000 or 1-800-427-4710 (in California)
California Business Incubation Network is a 501(c)(3) nonprofit corporation
//-31
ATTACHMENT D
WASHINGTON ENTERPRISES
Business Development 5 Management Consulting
-----------------------------------------------------------------
-----------------------------------------------------------------
225 Broadway, Suite 2250, San Diego, CA 92101
* 619/237-0559 * 619/237-0521 (Fax)
RESUME
SHEILA H. WASHINGTON
OWNER/PRESIDENT
Washington Enterprises a business development and management
consulting firm offering a range of business and business
development services. Since 1979 Ms. Washington has executed a
diverse range of consulting assignments for clients in the public
and private sectors - city and County agencies, construction
trades, engineering, restaurant operations and a wide range of
service industries providing marketing and business planning,
funding assistance, outreach to Minority and Women Business
Enterprises (MWBE) and contract compliance assistance, business
research, training seminars and workshops on management, business
skills and organizational development.
FOUNDING MEMBER/PRESIDENT/CEO
California Business Incubation Network (CBIN) a proactive
association of incubator operators and advocates fostering the
growth of small businesses through the development of business
incubation in California.
As one of the original conveners of CBIN, Ms. Washington since 1990
has made the development of CBIN top priority. With the emergence
of business incubation as an economic development tool in
California, CBIN as the states association for business incubation
~~ ~aking the lead to create an environment for the development of
the new generation of top-quality business incubators for
California.
.
FOUNDING MEMBER/FORMER PRESIDENT-CEO/DIRECTOR
San Diego Incubator Corp. (SDIC) a private non-prOfit corp. for
development and operation of San Diego Business Innovation Center
(BIC), the first business incubator in the County of San Diego.
Ms. Washington is a former Executive Director of BIC and currently
serves as a Director of SDIC.
Entrepreneurial training, time and capital are the most important
elements for a new business," states Ms. Washington, president of
Washington Enterprises. As a small-business owner, she learned the
pitfalls of becoming an entrepreneur by using the shoe-leather
approach. "When I was starting my management consulting business,
//-:33
Resume
Page Two
I was alway~ running around town searching for usable information.
A small business owner uses a lot of their time resource in that
manner while under considerable pressures due to under-
capitalization to develop their appropriate market niche".
While in this early research phase Ms. Washington discovered a
brochure on the incubator concept and immediately felt a need to be
in such a facility. Since there was none in the San Diego County
Ms. Washington along with a handful of small-business people
pursued the idea of a business incubator, recognizing what it could
do for those entrepreneurs who followed them. The idea was finally
realized in June of 1990 when the San Diego Business Innovation
Center (BIC) opened its door. Ms. Washington continues to serve on
the Board continuing to bring guidance to the implementation of the
vision for the BIC.
She recently was responsible for bringing additional resources to
expand the services of the BIC to include a full service resource
center for tenants and the broader small businesses community.
INSTRUCTOR/LECTURER
University of Redlands and San Diego Community Colleges.
Since 1988, Ms. Washington has been an Adjunct Professor for the
University of Redlands, she conducts classes in management,
organizational behavior, and marketing for the undergraduate
program in Business Administration.
EDUCATION
Bdch~lor of Science degree in Businesz M~nagQmQnt from San D!~go
State University and a Master of Science degree in System
Management from the University oJ Southern California
PROFESSIONAL EXPERIENCE
Prior to starting her own business, Ms. Washington's professional
experiences span 20 years, in the areas of governmental affairs,
finance, planning, public relations and community affairs for major
corporations, such as San Diego Gas & Electric and Bank of America.
AFFILIATIONS
A graduate of LEAD (Leadership, Education, Awareness, Development)
San Diego (1990), Ms. Washington is actively involved in a number
of civic and business organizations:
1/-31
Resume
Page Three
* San Diego Chamber of Commerce -- member Executive Club
and Small Business Seminar Committee
* SDR Business Women
* United Way Grant Selection Team
* Director San Diego YWCA Board
* Director California Reinvestment Committee Board
* Member City-County Reinvestment Task force
* Member Project Area Committee - Center City
Development Corp. (CCDC)
APPOINTMENTS
* Former member - The city of San Diego Small
Business Advisory Board (2 years)
* Former member of California State Board of
Cosmetology, a regulatory board that administers a $3
million plus budget and regulates and license the
industry
* Director and former President of the Board of the
Elementary Institute of Science, an after-school science
program for elementary school children
Ms. Washington's eclectic background is immersed in the business of
small business. She consults statewide with business incubator
developers and managers in addition to consulting for the San Diego
Small Business Development center(SBDC) and public and private
clients in business development and management matters.
.
II' ,5
This ,age intentionally left blank.
/r-jfo
ATTACHMENT E
PROFESSIONAL EXPERIENCE
BUSINESS CLUSTER DEVELOPMENT, President, Menlo Park, Ca.
1993. PRESENT
Develop business sites for technology start-ups. Clusters include inexpensive, flexible space,
management services, assistance with joint ventures and marketing agreements, creation of
community alliances and administrative support. Developer of a computer technology and an
environmental technology cluster in Silicon Valley. Software Cluster under development now.
DIGITAL EQUIPMENT CORPORATION, Palo Alto, Ca.
1985 . 1992
Business Enterprise Cluster Manager (1991-present)
. Developed and manage a 15,000 sf site for business start-ups and entrepreneurs from outside
Digital Equipment Corp. The Cluster offers short-term leases and management services
designed to help new start-ups and small growth companies succeed,
. Approximately 18 businesses in the high-tech arena currently are housed in the cluster.
. Additional focus is on opportunities for joint ventures, technology transfers and development
of customer relationships among Cluster tenants and with Digital.
Northern California Administration Manager (1988 -Present)
Manager of site services for engineering, research, manufacturing and sales groups in Palo Alto and
Mountain View, Ca. Services include Purchasing, Finance, Information Systems, Facilities and
Administration Depts.
. Responsibilities also included Program Manager for a $25M real estate and facilities
development project involving II buildings.
. Supervise 5 departmental managers and have overall management responsibility for
approximately 30 Digital employees and 60 contract employees.
. Budget responsibility is $15M in expense and $IM in capital.
. The site grew from 100 employees to 600 employees in four years. Assisted start-up of
approximately 25 engineering groups.
West Coast Human Relations Business Manager (1987 - 1988)
Responsible for development of HR long range planning strategy for the West Coast as well as
management of all business operations. Work included:
. Development of a central site services model (from which NCA was created)
. Development of a 5 yr. space plan which resulted in Board approval of a $25M Palo Alto
campus real estate development project.
11- 97
.' .
JAMES ROBBINS
PAGE TWO
N. California Humon Rekztions Manager (1986 - 1987)
Managed a HR cluster serving approximately 350 engineers. Supervised Employment, Compensation,
Employee Relations and Administration managers. Responsible for HR budget and overall management of
all HR operations.
Organizational Development Consultant (1985 - 1986)
Responsible for development of an organizational strategy for implementing a fast track engineering start-
up environment in N. California. Using the model, 25 groups were started up at the site over a four year
period.
SUPREME COURT OF THE UNITED STATES, Washington, D.C.
Personnel and Business Manager (1979-1985)
Responsible for overall management development of court infrastructure(15 depts.) and modernization of
business practices. Managed personnel, data systems, budget, historical research and staff support depts.
Reported directly to the Chief Justice. Accomplishments included introduction of computers to the
Supreme Court, development of professional personnel practices, implementation of modem budgeting
and compensation systems, development of extensive management development and judicial
administration program.
1978 . 1985
Judicial Fellow (1978 - 1979)
The Judicial Fellows Program is a national competition culminating in the selection of one or two
professionals each year for the placement at the U.S. Supreme Court for a one year fellowship. My
responsibilities included:
. Analyzing the organizational and management problems at the Supreme Court
. Developing recommendations for improvements.
DISTRICT COURTS OF MASSACHUSETTS
OFFICE OF THE CHIEF JUSTICE, Salem, Ma.
1974 - 1978
Senior Management Attorney
Responsible for analyzing and solving organizational problems in the state trial court system (72 courts
and over 5,000 employees). Managed 5 professionals that performed management audits in the courts,
designed improved systems and implemented them. Also responsible for developing legal standards and
procedures to be applied to various types of hearings in the trial courts.
BOSTON LEGAL AID SOCIETY, Boston, Ma
1972 - 1974
Trial Attorney
Represented clients in Probate, District, Juvenile, and Housing Courts on civil law issues.
1/- jf
;- .
.
~JAMES ROBBINS
PAGE THREE
EDUCATION/AFFILIATION
B.A., Political Science and Psychology, University of Iowa, 1969
J.D., With Distinction, University of Iowa Law School, 1972
Fellow, Institute of Court Management, Denver, Colo. , 1980-1981
Graduate of their Court Executive Program,
National Business Incubation Association
California Incubation Network
California Economic Strategies Workgroup, convened by
Laura Tyson, Chairperson for the Council on Economic Advisors
Mountain View Chamber of Commerce - Board of Directors
Business Environmental Network - Advisory Board
Joint Venture Silicon Valley - Leadership Council
NASA Ames Technology Commercialization Center - Board of Advisors
The Enterprise Network - Board of Directors
//- 31
E
SUNDAY
NOVEMBER 28.1998 . . . .
San:fotf alemal'J! Newt c PEN
ss
~,
'(;;<j
i~
JAMES J. MITCHELL
----.~}i.-..........
Environmental
industry could be
boon for valley
NOW that the personal
computer boom that
sparked Silicon Valley'.
recent IJ'OWth Is olowlng. venture
caplta1lsta, high-tech executives
and pernment offlclalo are
Iooldng for the next Mother Lode
to brln&jobs and wealth to this
area.
Amona the moot prominent
prospects are multimedia com-
putln& which would use our tal- ..
enta In -uconduc:toro, comput-
ers and IOftware; flat-panel c0m-
puter llCI'l!OIlI, which would buUd
on our experlen.. in malcIng chip-
manufacturing equipment; and
teleeommunlcaliono, which has
become 0IIe of the world'. fastest
crowtn& buolneooeo.
Overohadowed by the high-tech
glamour Is an industry with great
potential for new jobs: the envl-
ronmentalindustry. which ranges
from oewage treatment to ocrap
metal resource recovery to eqUIp-
ment used in wute management.
C AlJFORNIA Is a particu-
larly fertile state for this
. lnduotry becauoe of our
tough environmentallawo and
the growing number of clean-up
, . oltel- including those of lIOOIl-
lo-be-.bandoned mUltary b.....
With Uttle fanfare, in fact, the
environmentalinduotry has be-
come one of the .tate'.Iargeot
buolnesoeo. Thlo year it will have
revenues of more than $17 bU-
lion, nearly as high as the state'.
agrlcu1tural bIiolneooeo. according
to Gnnt FerrIer, preoident of En-
vironmental Buolneao interna-
tional, a consulting firm.
. WhUe much of that bIiolneao Is
low tech, a growing proportion of
It Is as companies and pem-
. mento look for
~.u more efnclent
. and more err...
. . tlve way. to pre-
t,......;;., vent. monitor and
" . ~. clean up poUu-
, . lion.
. - ~ MlUI1 area en-
trepreneurs are
taking part and,
M.... with the help of
Joint Venture: SUlcon VaDey.
have formed the Silicon Valley
Environmental Partnerohlp to
together executives, ...vI-
ronmentallsto and pernment of.
nclalo. Last month aboot 200 pe0-
ple, including Ca11fomll Environ-
mental Protectlon Agency head
James Strock, attended a confer-
.....in San Jose almecI at promot-
ing technology partnering.
-
THE partnerohip Is doing
more thanjuat talking. In
January. it expects to
open an incubator in donated
.pace where some two dozen en-
vironmental start-ups will pay
low rent and ohare oervi....
"The idea," IIYI former DIgItal
Equipment executlve.1lmJkllt-
~. "Is to take some 0liIi0iii
tIiIiigo we have in ex....oupply.
ouch as Ipace, furniture and qual-
Ifled profeoo1onals who are unem-
ployed or underemploYed and
create some thlngo we don't have
enough of, ouch as jobI and oman
business start-upe."
The~also hopeo to
capitalize on the 'govenunent'.ln-
tereat in promoting cooperallon
between uoero and producero or
environmental technoloIlY.
Dan Marko, preoident or ZapIt
Teclmology and a partnerohip dl-
rector. has aokecI the Commerce
Department to help create an....
vlronmentalouperhigli. 'way....
chored here. The highway would
enable oman- and medlum-oized
companies to obtaln eooUy relI-
Ible information about permit-
ting and reporting requIremenla
outolde their ImmedlIte areaa,
which would enlble lI)em to de-
velop products for Jarger mar-
keto. .
These are the klndo or ltepl
that could moke the envlronmen-
tallndustry an important contrib-
utor to the valley'. economic. as
weU as phyoical, health. .
I
\
/ / - JjO
COUNCIL AGENDA STATEMENT
I "7.>"'~ MEETING DATE
Resolution Approving South Chula vista Library
Change Order No. 5 with Douglas E. Barnhart Inc.
for City initiated, utility or code required, HVAC
coordination, and force account work and
authorizing the Director of Public Works to execute
the change order on behalf of the city
SUBMITTED BY: Director of Public Works ~
Library Director~
REVIEWED BY: City Manager 1(; J,; f (4j5ths Vote: Yes_No---X...J
On November 2, 1993, Council awa~ded the construction contract for
the South Chula vista Library to Douglas E. Barnhart, Inc.
ITEM I,)..,
June 14. 1994
ITEM TITLE:
Construction of the South Chula vista Library is being monitored
jointly by the Project Management Firm of Starboard, Inc. and the
City's Building Projects Supervisor. They have worked with the
contractor and architect on the elements within this proposed
change order to insure that the changes are necessary and advisable
and that the city achieves the greatest possible value. Since the
Library Construction and Renovation Bond act grant provides for
reimbursement for 65% of the building project, including change
orders, all change orders must also be approved by the State Bond
Act Manager.
The State Bond Act Manager has requested that bond projects budget
at least ten percent of construction cost for contingencies. The
South Chula vista Library's actual contingency budget is $609,210
or 13% of construction. The State Library requests such a large
contingency because they require that the libraries being
constructed through the grant be highly functional, state-of-the-
art facilities that also make an architectural statement. The
contingency money is designed to assure that the libraries will be
constructed with these goals in mind. At this time, the project
Team estimates that less than half of the contingency budget will
be used.
--
RECOMMENDATION: That Council approve Change Order No. 5 inclusive
and authorize the Director of Public Works to execute it on behalf
of the City.
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 include the carpet credit). However, the Board
voted that every effort be made to maintain the specified quality
of the carpet. (ATTACHMENT A)
1.2. -;
Page 2, Item I~
Meeting Date: June 14. 1994
DISCUSSION:
Change Order No.5, as approved by the state Bond Act Manager,
totals $93,416 and incorporates a number of elements including some
city initiated/value added components, force account work for
framing improvements, coordination and upgrade of the HVAC duct
work, elements of the mechanical system, and code or utility
requirements. These elements are being grouped into one large
change order to streamline the approval process and coordinate
timing of the work to be performed. The scope of work is as
follows:
city Initiated/value Added
These, changes occurred at the request of the city in order to
provide better functional utilization of the facility ,and provide
long term capital improvements for added value to the City of Chula
vista.
1. Provide additional landscape drain at reading courtyard
planter.
Add: $407
2. Move one six-plug multimedia insert component and conduit from
the wall to the floor in Children's story Hour Room and add
one additional floor mounted six-plug multimedia insert
component due to a City requested change in the furniture
layout and to improve functionality.
Add: $1,457
3. change lockers from a single-tier type to a multi-tier type as
required by the Building Program.
Add: $ 712
4. Tie roof drain system directly into a perimeter drain system
with overflow drains located adjacent to the building instead
of exiting the roof drain system at the curb. This will
prevent the concrete sidewalk from cracking and reduce
maintenance.
Add: $4,985
.
5. Provide sheet metal gutters at roof hatch and parapet cap at
expansion joints in literacy area.
Add: $ 847
I~r-'-
Page 3, Item J)..
Meeting Date: June 14. 1994
6. Add wood louvers to doors #143 and #144 to facilitate
ventilation.
Add: $ 411
7. Accept originally specified Collins and Aikman Carpet. At
contract signing, a credit allowance of $35,000 was taken when
the contractor felt that they could find a carpet that was
cheaper but would continue to meet the high quality
specifications. After considerable effort, no substitute
could be found that would meet the density and the fusion coat
backing specifications. It is the specified density (35
pounds per cubic foot) and the exceptional fusion coat that
bonds the backing to the carpet yarn that insures long life.
Therefore, the City is getting added value by increased life
expectancy and longer warranty period (15 years versus the
normal 10 years). After only ten years of use, the public
service areas of the library at 365 F street needed to be
recarpeted at a cost of $166,000. The increased life
expectancy is especially important in light of the anticipated
50,000 visitors each month to the new library. When the
Library Board of Trustees originally reviewed Change Order No.
1, which included the $35,000 carpet credit, they made it
clear that they would only support this specific change if
staff could guarantee that a less expensive carpet would meet
the same specifications.
Add: $35,000
utility or Code Required
Additional utility company or construction code requirements
identified as the project progressed are identified here.
8. Add a detector check valve assembly to the fire hydrant along
Orange Avenue as required by Sweetwater Authority.
Add: $2,990
9. Delete four electric water coolers and add five Haws Model
1005 barrier-free drinking fountains to better meet
requirements of the Americans With Disabilities Act and reduce
background noise due to the elimination of a compressor.
Add: $2,425
10. Add drywall at the bookdrop room to provide required fire
rating.
Add: $ 947
),;. -:1
Page 4, Item J .2.
Meeting Date: June 14. 1994
Heating, ventilating and Air conditioning (HVAC) coordination
11. Change HVAC duct size and layout to better coordinate with
complex structural elements in the ceiling pyramids, in
browsing area, and in mechanical mezzanine. The revised duct
layout and increased duct sizes from the low to high pyramids
allow for increased operating efficiency and smooth air flow
transition around complex architectural elements. Additional
changes in the duct work surrounding the VAV boxes allows for
ease of maintenance access.
Add: $21,369
Force Accounts
12. Due to the complexity of the framing at the pyramid
structures, mechanical mezzanine and browsing areas, revisions
were reguired to improve structural load carrying
capabilities. While the work required was reflected in the
construction drawings, it could not be adequately detailed
until the contractor began work in the area. Under the
coordination of the Project Manager this work was done as a
force account in order to keep the project on schedule.
Specific changes to the structural system included increasing
lateral resistance due to the addition of seismic hardware at
the high and low pyramids, courtyard and browsing areas.
other changes included raising beam buckets and increasing
wall heights to facilitate the distribution of electrical and
mechanical systems.
Add: $21,866
As required by the Library Construction and Renovation Bond Act,
the elements in Change Order No. 5 have been approved by the
Library Bond Act Manager.
Previous Chanqe Orders
Since Council approved Change Order No. 3 on April 12, 1994 one
additional Change Order has been approved by the City Manager.
change Order No.4, in the amount of $9,588, was (1) to provide
labor, materials and equipment to add two glu-Iam beams, (2) to
revise the concrete head wall to remove it from S.D.G.& E. property
per their requirements, (3) upgrade fire sprinkler main to
accommodate additional sprinkler heads, and (4) provide labor,
materials and equipment to add reinforcing steel to secure concrete
benches.
Change Order No. 4 was approved by the Library Bond Act Manager as
required under the Library Construction and Renovation Bond Act.
J.2 - i
Page 5, Item / )..
Meeting Date: June 14. 1994
FISCAL IMPACT:
Proposed Change Order No.5 totals $93,416. Funding is available
in the South Chula vista Library project's contingency fund. The
Library Construction and Renovation Bond Act grant reimburses 65%
or $60,720. The City's share is 35% or $32,696. The total
aggregate of change order work funded with library construction
funds (#1 through #5, inclusive) totals $137,398.46 or 2.3% of the
bid award. The remaining balance of the library's contingency fund
will be $490,493.54 after the deduction of Change Order No.5.
The building is now approximately 50% complete. While further
change orders are expected, every effort is being made to minimize
these changes. As stated above, the Project Team expects to use
less than half of the contingency fund.
1.).,.5')2-6
RESOLUTION NO.
175~5'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CHANGE ORDER NO. 5 WITH
DOUGLAS E. BARNHART INC. FOR OWNER INITIATED,
UTILITY OR CODE REQUIRED, HVAC COORDINATION,
AND FORCE ACCOUNT WORK AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO EXECUTE THE CHANGE
ORDER ON BEHALF OF THE CITY
WHEREAS, on November 2, 1993, the Council awarded the
construction contract for the South Chula vista Library to Douglas
E. Barnhart, Inc.; and
WHEREAS, construction of the South Chula vista Library is
being monitored jointly by the Project Management Firm of
Starboard, Inc. and the city's Building Projects Supervisor; and
Bond Act
project,
approved
WHEREAS, they have worked with the contractor and
architect on the elements within this proposed change order to
insure that the changes are necessary and advisable and that the
city achieves the greatest possible value; and
WHEREAS, since the Library Construction and Renovation
grant provides for reimbursement for 65% of the building
including change orders, all change orders must be
by the State Bond Act Manager; and
WHEREAS, the State Bond Act Manager has requested that
bond projects budget at least ten percent of construction cost for
contingencies; and
WHEREAS, the South Chula vista Library'S actual
contingency budget is $609,210 or 13% of construction; and
WHEREAS, the State Library requests such a large
contingency because they require that the libraries being
constructed through the grant be highly functional, state of the
art facilities that also make an architectural statement; and
WHEREAS, Change Order No.5, as approved by the State
Bond Act Manager, totals $93,416 and incorporates a number of
elements including some owner initiated/value added components,
force account work for framing improvements, coordination and
upgrade of the HVAC duct work, elements of the mechanical system,
and code or utility requirements.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council
of the City of Chula vista does hereby approve Change Order No. 5
with Douglas E. Barnhart Inc. in the amount of $93,416 for owner
initiated, utility or code required, HVAC coordination, and force
account work.
1.2. 7
BE IT FURTHER RESOLVED that the Director of Public Works
is hereby authorized to execute the change order on behalf of the
City of Chula vista.
A prl
Bruce M.
Attorney
Presented by
David Palmer, Library
Director
C:\rs\library.co5
I~"Y /12-/~
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
reducxng 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
al ternates 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
I:J. ~ 1
.
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 ~n 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 ana 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
functionality of the building. The City Manager,
Assistant City Manager, Deputy City Managers, and City
Attorney have also reviewed these changes. Director
Palmer asked the Trustees for their response.
IJ -/d
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 stated that the Friends of the Library had
$45,294 in their account and offered to place the
purchase of the fountain on their November agenda.
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
/,,2-//
Library Board of Trustees
- 7 -
October 27, 1993
Library explore the possibility of acquiring 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 5:55 pm. The next
Library Board of Trustees meeting will be held on
December 8, 1993.
T
).2 - J*,-
STATE LIBRARY INITIATOR * 5
PROJECT NO. P86-032
CITY OF CHULA VISTA
CHANGE IN CONTRACT
CHANGE ORDER NO:
DATE:
JOB I
CONTRACT:
CONTRACTOR:
005
Hay 23, 1994
LB-125
South Chula Vista Library
Douglas E. Barnhart Inc.
The following addition shall be made to INCREASE the contract
executed September 22, 1993 between the City of Chula Vista and
Douglas E. Barnhart Inc.
REMARKS AND DETAILS: Changes in plans and specifications at an
agreed upon pr ice. Change order " 005 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 1005 SUM:
$
93,416.00
ORIGINAL CONTRACT AMOUNT
$ 5,973,201.00
$ 43,982.46
$ 6,017,183.46
$ 93,416.00
$ 6,110,599.46
PREVIOUS CHANGE ORDERS TOTAL
PREVIOUS CONTRACT AMOUNT
THIS CHANGE ORDER NO.005
REVISED TOTAL CONTRACT
It is agreed
performed and
contract and
hereto.
by the undersigned that all extra work
material 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.
f)$~
Dick Tho son
City Of Chula Vista
Building Project Supervisor
/..2 ,/3
GENERATED,~Y: 1-
b\'J\lfiO;\h'I---~
Al ert deBerardines
Project Manager
Starboard Construction Inc.
ORDERED BY:
CITY OF CHULA VISTA
Project: LB-125
South Chu1a 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:
$6,110,599.46
Ballance to complete:
$4,249,695.46
\ of total Contract
30.45\
Total amount payed:
$1,860,904.00
Total of change orders:
$137,398.46
\ of cost overrun
2.30\
Total Funds Available
$6,445,012.54
CREDITS
$18,682.00
-------------------------------------------------------------
-------------------------------------------------------------
REQUEST REQUEST PAYMENT APPROVED PERCENT
NUMBER DATE DUE ADDITIONS COMPLETED
1 12/31/93 $198,418.00 3.25\
C.O.1Il 1/20/94 $7,302.46
2 1/31/94 619,301. 00 10.13\
C.O.1I2 2/15/94 $4,910.00
3 2/28/94 350,161.00 5.73\
C.O.1I3A 3/17/94 <$18,682.00>
C.O.1I3 3/17/94 $22,182.00
4 3/30/94 349,263.00 5.72\
C.O.1I4 4/4/94 $9,588.00
5 4/30/94 343,761. 00 5.63\
C.O.1I5 5/6/94 $93,416.00
/~ -Ii
CONSTRUCTION CONTINGENCY
FISCAL INFORMATION
CONSTRUCTION CONTINGENCY
Original Contingency Allowance
Net Change All Previous Change Orders
Contingency Allowance Ballance Available
BUDGET INCREASE FUNDING SOURCE
ACCOUNT 1 603603 ST 151 BY $18,682.00
Net Change This Change Order 1004
New Contingency Allowance Balance
I,). , If
$609,210.00
<$43,982.46>
$565,227.54
$583,909.52
<$93,416.00>
$490,493.52
~
COUNCIL AGENDA STATEMENT
Itemn
Meeting Date 6/14/94
J"lP"
Resolution approving a contract for Fireworks Display, and entering into
an Indemnification Agreement with the San Diego Unified Port District.
SUBMITTED BY: Director of Parks and Recreat~
REVIEWED BY: City Manager 1(; 7 JT (4/Sths Vote:_No-KJ
The City is in the process of finalizing plans for the Fourth of July Community Pride Festival and
Fireworks display to be conducted on the Chula Vista Bayfront. A contract with the vendor supplying
and launching the fireworks has been finalized, and the City has been asked to enter into an
Indemnification Agreement with the San Diego Unified Port District as part of their Tidelands Activity
Permit.
ITEM TITLE:
RECOMMENDATION: That Council adopt the resolution and authorize the Mayor to execute a
contract with San Diego Fireworks, Inc. for the 1994 fireworks display and to enter into an
Indemnification Agreement with the San Diego Unified Port District.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The Fourth of July Community Pride Festival and Fireworks display will be held on the Bayfront on
Monday, July 4, 1994. The Festival is scheduled to begin at 1:00 PM, and the fireworks display is
scheduled to commence promptly at 9:00 PM. The Fireworks display will last approximately 20-25
minutes. San Diego Fireworks, Inc. was selected to provide the fireworks display again this year through
a competitive bid process. A contract for their services, which includes indemnification language, is
attached (Attachment "A "). San Diego Fireworks has provided the City with impressive shows for the
Fourth of July event, as well as the Symphony Pops finale, for a number of years.
The fireworks will be launched from a barge anchored in San Diego Bay west of the City's bayfront
development. The show will once again be accompanied by a radio simulcast on a local radio station
(KYXY). KYXY is providing $1,000 worth of additional fireworks to augment the City's purchase, and
they will be providing a substantial amount of free pre-show publicity as well. The station will also be
actively participating in the daytime festival activities, and will provide a number of services, prizes, and
giveaways from sponsors that the station solicits.
The Police Department, Traffic Engineering Division, and Transit Division are coordinating plans to
relieve the anticipated traffic congestion that normally occurs in the area throughout the day. Traffic
control will be handled by the Police Department according to a traffic plan designed by the Traffic
Engineering Division. A centralized command post will be established at the corner of "J" Street and
Marina Parkway so that Police, Fire, and other personnel involved with the event will know where
contact can be made in the event of any unforseen problems or emergencies.
wp\firework.113
1
13'/
Item 1.3
Meeting Date 6/14/94
The Transit Division will again be offering free shuttle bus service into and out of the area from all city
Trolley Stations. Shuttle busses will utilize special express traffic lanes that will be established
exclusively for shuttle bus use and emergency traffic.
The advertising for the event, utilizing transit bus ads, paid advertising, and multi-media press releases,
is being coordinated by the City's Public Information Coordinator.
Since the event will be taking place on Port District property, the San Diego Unified Port District has
been contacted concerning the event. The City is being asked to provide the Port with a Certificate of
Insurance naming the Port as additional insured. In addition, the Port's Tideland Activity Permit
(Attachment "B ") contains an Indemnification Agreement. The City's Risk Manager has reviewed these
requests, and recommends compliance. The City has entered into Indemnification Agreements with the
fireworks vendor and the Port for a number of years as part of the planning process for Fourth of July
events and the Symphony Pops Concerts.
It should be noted that the Port District Activity permit gives the Port Authority right to a 24-hour
cancellation notice, which, if exercised, would terminate the activities at the festival as well as the
fireworks display, and could result in the loss of several contract fees. Such a cancellation is higWy
unlikely, although a serious emergency in the area could result is such a cancellation.
A total of $43,710 has been budgeted for the Festival and Fireworks. A tentative event budget is attached
(Attachment "C").
FISCAL IMPACT: $43,710 has been budgeted for this event; $39,710 in FY 93-94 and $4,000 in
FY 94-95. No additional allocation of funds is anticipated.
Attachments "A"
"B"
"e"
Contract with San Diego Fireworks, Inc.
Activity Permit - San Diego Unified Port District
Budget Detail
wp\firework.113
2
/3',;)...
RESOLUTION NO.
J7j(~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONTRACT FOR FIREWORKS
DISPLAY FOR JULY 4, 1994 AND ENTERING INTO AN
INDEMNIFICATION AGREEMENT WITH THE SAN
DIEGO UNIFIED PORT DISTRICT
WHEREAS, Parks and Recreation staff is finalizing plans
for the annual Fourth of July Community Pride Festival and
Fireworks display to be conducted on the Chula vista Bayfront; and
WHEREAS, a contract with the vendor supplying and
launching the fireworks has been finalized, and the City has be en
asked to enter into an Indemnification Agreemwnt with the San Diego
Unified Port District as part of their Tidelands Activity Permit;
and
WHEREAS, staff recommends that Council adopt the
resolution authorizing the Mayor to execute a contract with San
Diego Fireworks and to enter into an indemnification agreement with
the San Diego Unified Port District.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve and authorize the Mayor
to execute an Agreement between with San Diego Fireworks, Inc. and
the city of Chula vista for the annual Fourth of July Fireworks
display to be held on the Chula vista Bayfront on Monday, July 4,
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 Council approves and
authorizes the Mayor to execute a Tideland Activity Permit from the
San Diego Unified Port District, a copy of which is on file in the
office of the City Clerk.
Jess Valenzuela, Director of
Parks and Recreation
as to
~
Presented by
Boogaar
C:\rs\fireworke
Jj~~/3-f
1m CIf!1E,d! /1
FIREWORKS DISPLAY AGREEMENT
THIS AGREEMENT, entered into this day of June,
1994, by and between the city of Chula Vista, a California
Municipal corporation, hereinafter called "City", and San
Diego Fireworks, Inc., a California Corporation, hereinafter
called "contractor", is made with reference'to the following
facts:
WIT N E SSE T H:
WHEREAS, City desires to provide a fireworks display
for its residents on July 4, 1994, and Contractor desires to
furnish the fireworks display to said City;
,
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO
AS FOLLOWS:
1. SCOPE OF WORK.
Contractor agree~ to furnish to City, on July 4,
1992, in the San Diego Bay, on a barge off the Chula vista
Marina in accordance with the terms and conditions herein-
after set forth, one (1) Fireworks Display as set forth in
Program "A", attached hereto as Exhibit "A", incorporated
herein and made a part hereof as though set forth in full,
including the services of one (1) licensed pyrotechnician to
take charge of and fire the Display with sufficient helpers.
1.1 City'S Duty to Provide Suitable Site.
City shall furnish and provide at their own expense a
suitable site and location. Suitability of any proposed
site is to be determined solely by Contractor. If City
proposes a site on water, City shall furnish and provide, at
their own expense, suitable floats or scows, inCluding
provisions for towing and handling of same. The operations
of Contractor are considered complete when the crew and
equipment of Contractor depart the site.
2. Cancellation by Contractor. In the event Contractor
reasonably ~termines the weather conditions unfavorable on
the date set for the display, City shall pay Contractor ten
percent (10\) of the contract price as a restocking fee and
costs incurred by Contractor for technician fees, custom set
piece and logo design, permit and insurance.
3. Cancellation by city. Should City decide to cancel the
display, notice shall be given to Contractor no later than
nine o'clock A.M. on the day of the display. City shall pay
Contractor ten percent (10\) of the contract price as a
1
J:J'f"
.!\
restocking fee and all costs incurred by Contractor
including, but not limited to, technician fees, custom set
piece and logo design, permit and insurance.
4. Postponement. In the event of cancellation by Contrac-
tor as provided in Paragraph 2 herein, or cancellation by
city as provided in paragraph 3 herein, City shall not be
liable to pay Contractor ten percent (10%) of the contract
price as a restocking fee or any costs incurred by
Contractor if the City tenders to Contractor another date
(possibly, and at city's option, August 21, 1994) for the
display prior to 9:00 A.M. on the day of the display. City
shall be liable only for the expenses incurred by Contractor
due to the postponement if the parties have agreed upon a
postponement date, or the city has tendered a reasonable
postponement date.
5. ASSUMPTION OF RISK FOR WEATHER RUINING EXHIBITS.
City agrees to assume the risk of damage to the Exhibit
by weather or other causes beyond the control of Contractor,
which may affect or damage such portion of the exhibits as
must be placed in position and exposed a necessary time
before the scheduled commencement of the Display. By
assuming said risk, City agrees to pay for Contractor's cost
of said destroyed or ruined exhibits, unless the City is
otherwise obligated to pay the Contractor the compensation
required by this agreement.
6. DISPLAY PROTECTION.
City shall provide adequate police or security service
to prevent the public from entering the areas designated
solely by the Contractor for the firing of the display and
fallout. Any vehicles or vessels or personal property
within these areas shall be removed at the expense of city.
Any damage to personal property and injuries or death to
persons remaining within these areas shall be the sole
responsibility and liability of. City. City shall indemnify,
defend and hold harmless Contractor against such claims as
provided in paragraph eight (8) herein. City shall also be
responsible and liable for any damage or theft of equipment
or materials of Contractor caused by the public.
7. INSURANCE.
Contractor, shall, throughout the duration of this
Agreement, maintain the following insurance coverage:
7.1 Commercial General Liability Insurance including
Business automobile liability insurance in the amount
2
~~
~
of $1,000,000, combined sinqle limit, which names the
city of Chula Vista as additional insured and is
primary to any insurance policy carried by the city.
7.2 Errors and omissions insurance in the amount of
$250,000.
7.3. statutory Worker's Compensation Insurance and
Employer's Liability Insurance in the amount of
$1,000,000.
All policies shall be issued by a carrier that has a
Best's Ratinq of "A", Class "V", or better or shall meet
with the approval of the City's Risk Manaqer.
Contractor will provide, prior to commencement of the
services required under this Aqreement, certificates of
insurance for the coveraqe required in this section, and,
for commercial General Liability Insurance, a policy
endorsement for the City as additional insured; a policy
endorsement statinq the Contractor's insurance is primary
and a policy endorsement statinq that the limits of
insurance apply separately to each project away from
premises owned or rented by the Contractor. Certificates of
insurance must also state that each policy may not be
canceled without at least thirty (30) days written notice to
the city.
The provisions of this section are intended to be of
benefit only to the City, and not for the advantaqe or
benefit of any third party. The City shall have the sole
riqht to insist upon or waive their performance without
liability to any third party.
8. HOLD HARMLESS.
8.1 City'S Indemnity. City shall indemnify, defend
and hold Contractor harmless and the property of Contractor
from and aqainst any and all claims, losses, damaqes, suits,
injuries and liabilities arisinq from the death or injury to
any person or from damaqe to or destruction of any property,
which arises out of, or is caused by an act, omission,
neqliqence or misconduct on the part of City or any of
City'S elected officials, officers, aqents, servants,
employees, contractors, quests, invitees or licensees. The
provisions of this section shall not apply to any claim or
liability arisinq by reason of the sole neqliqence, qross
neqliqence or willful misconduct of City.
8.2. Contractor's Indemnity. Contractor shall
indemnify, defend and hold harmless City and the property of
3
J;J- ?
.~
city from and against any and all claims, losses, damages,
suits, injuries and liabilities arising from the death or
injury to any person or from damage to or destruction of any
property, which arises out of or is caused by an act,
omission, negligence or misconduct on the part of Contractor
or any of Contractor's officers, agents, servants,
employees, contractors, guests, invitees or licensees. The
provisions of this section shall not apply to any claim or
liability arising by reason of the sole negligence, gross
negligence or willful misconduct of City.
9. COMPENSATION.
City agrees to pay Contractor the sum of Sixteen
Thousand Five Hundred ($16,500.00) Dollars according to the
following terms and conditions, due and payable as follows:
Fifty (50%) percent deposit upon execution of this agree-
ment, and the balance due ten (10) days after date of
Display, plus one (1%) percent service charge on accounts
over thirty (30) days past due.
10. ATTORNEY'S FEES AND COSTS.
This contract shall be governed by the laws of the
State of California. Should any legal action be brought to
enforce or interpret the terms or provisions of this
agreement, any court of competent jurisdiction located in
the county of San Diego, California shall be proper venue
for an action. If any legal action is brought to enforce or
interpret the terms or provisions of this agreement, the
prevailing party shall be entitled to reasonable attorney's
fees and costs in addition to any other relief to which they
may be entitled.
11. PARTIES INDEPENDENCE.
It is further agreed that nothing in this Agreement
shall be construed as forming a partnership, the Parties
hereto being severally responsible for their own separate
debts and obligations, and neither Party shall be held
responsible for any agreements not stipulated in this
Agreement.
12. NOTICE TO PARTIES.
Any Notice to Parties required under this Agreement to
be given to either party may be given by deposition in the
United States mail, postage prepaid, first class, a notice
addressed to the following:
4
11-Y
.!\
city:
City of Chula Vista
Attn: Beverly Authelet, city Clerk
276 Fourth Avenue
Chula Vista, California 91910
San Diego Fireworks, Inc.
P.O. Box 900186
San Diego, CA 92190
Contractor:
13. SUCCESSORS.
The terms, conditions and payments of this Agreement
shall be binding upon the Parties themselves and on their
heirs, executors, administrators, successors and assigns.
1~. ENTIRE AGREEMENT
All terms of this Agreement are in writing and may only
be modified by written Agreement of the Parties hereto.
Both Parties acknowledge they have received a copy of said
written Agreement and agree to be bound by said terms of
written agreement only.
5
I:J"~
'"
,~
IN WITNESS WHEREOF the Parties hereto, by and through
their duly authorized agents, have set their hands and seals
as of the day and year first above written.
City of Chula Vista,
A Municipal Corporation.
by:
its Mayor
ATTEST:
Beverly Authelet, city Clerk
(SEAL)
BRUCE M. BOOGAARD,
City Attorney
~
San Diego Fireworks, Inc.,
a California Corporation
By
Ron Dixon, President
C:\ag\f1rework.94
6
/:1' )(}
I',.
,.
,j(..
'" 'n f'c '" t'\1L'" "l' '})
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND ACTIVITY PERMIT
PERMITTEE: City of Chula Vista
USE OR ACTIVITY: Fourth of July Festival and Fireworks Displav
LOCATION FOR WHICH PERMIT ISSUED: Chula Vista Bavfront
EFFECTIVE DATES:
July 4, 1994
SECURITY DEPOSIT: N/A
THIS PERMIT FOR TIDELAND USE IS ISSUED SUBJECT TO THE FOLLOWING
TERMS AND CONDITIONS:
1. Permittee shall comply with all applicable laws, rules and regulations of
the District and other governmental entities.
2. Permittee shall keep the property and all equipment used In connection
with this permit In a clean, safe and sanitary manner and In good repair at all
times. Allor any portion of the security deposit shall be available
unconditionally to the District for the purpose of cleaning or repairing
damages to the property upon termination of this permit.
3. This permit may be cancelled by either party by the giving of twenty-four
(24) hours notice In writing to the other party. Such cancellation shall be
without liability of any nature.
4. This permit shall not be transferred or assigned.
6. Permittee shall defend, Indemnify, and hold harmless District, Ita officers
and employees against all causes of action, for judicial relief of any kind, for
damage to property of any kind whatsoever, and to whomever "'Ionglng,
Including Permittee, or Injury to or death of any person or persons, Including
employees of Permittee, resulting directly or Indirectly from activities In
connection with the Issuance and performance of this permit or arising from
the use of the property, facilities or services of District, Ita officers or
employees.
13')/
-'(",
e.. 1.
6. Permittee shall maintain comprehensive public liability (covering
operations, products and completed operations) and blanket contractual
coverage Insurance throughout the term of this permit. The policies shall, as
a minimum, provide the following forms of coverage:
$1 Million combined single limit
(A) Personal Injury and Bodily Injury:
One Person $
One Occurrence $
(B) Property Damage $
Certificates of such Insurance, In a form satisfactory to the District, shall be
filed with District's Community Relations Department. Insurance certificates
filed pursuant to this permit shall contain a non-cancellatlon-wlthout-notice
clause and shall provide that copies of cancellation notices shall be sent .to
the District.
7. The rights and privileges extended by this permit are non-exclusive.
8. Permittee shall not engage In any activity on property of the District other
than the activity for which this permit Is expressly Issued.
9. Permittee shall be subject to and comply with any special conditions
attached hereto.
10. Permittee shall comply with all requirements and directives of the Port
Director of District.
11. In the event of failure of Permittee to comply with any provision of this
permit, this permit may, at the discretion of the Port Director, be terminated
Immediately.
SAN DIEGO UNiFIED PORT DISTRiCT
Approved:
Permittee hereby accepts this permit and agrees to comply with all the terms and
conditions thereof.
Permittee's signature
";-
Address: City of Chula Vista
276 Fourth Ave.
Chula Vista, CA 91910
Telephone: John Gates - 585-8617/Brian Cox - 691-5140
(II
/3-/-2..
\\-'?
CHECKLIST FOR THE USE OF TIDELAND PROPERTY
Date request received
in CR Dept.:
Please complete each Item below.
1. Sponsoring individual or group:
City of Chula Vista
2. Address and telephone number of contact person:
John Gates - 585-5617; Brian Cox - 691-5140
City of Chula Vista
Parks and Recreation Department
276 Fourth Ave.
Chula Vista, CA 91910
3. What type of event is planned?
Community Festival and Fireworks Display
4. Where exactly on the bayfront? See Attached
Festival - Marina View Park
Fireworks - Spectators on bayfront between "F" and "J" Street
Fireworks launched from barge in Bay
5. Day and date of event:
July ~, 1994
6. Time: Start 8:00 a.m. Finish 10:00 p.m.
7. Will traffic be affected?
Yes, Chula Vista Police Department will provide traffic control in the
area throughout the day
B. How many persons expected to attend?
'10,000 - 25,000
9. If large group, what security arrangements have been made?
Chula Vista Police Department will provide security and crowd control
throughout the event .
10. If commercial or catered event, do you have liability insurance coverag91
N/A
Please retum this checklist (within 10 working days) or your request for an event on Port tidelands will be
canceled.
4/ll3
J ;]-1;:1
\!.-"r
DETAIL OF TIDELAND ACTMTY PERMIT REQUEST
Requested Use of Facilities:
Marina View Park
West end of park will be utilized to conduct a Community Festival between 1:00 -7:00 PM. Festival
activities will include live musical entertainment, dance demonstrations, jugglers, mimes, face-painters,
balloon artists, food and beverage vendors, games and contests for children and adults. and passive
children's activities. May also include the rental of an inflatable childrens "party jump" if permitted.
East end of park will be utilized by event spectators throughout the day and evening.
"J" Street Marina
Park and parking lot will be utilized by event spectators throughout the day and evening.
Bavside Park
Park and parking lot will be utilized by event spectators throughout the day and evening.
Additional Parkin!! Areas
City is requesting the use of the following areas for public parking for the event:
A. empty dirt lot bordered by Bayside Parkway, Quay Avenue, "G" Street, and Sandpiper Way
B. Paved lot bordered by "G" Street, Marina Parkway, and Sandpiper (formerly l~ed to Rohr,
Inc.)
C. empty dirt lot located on the west side of Marina Parkway directly north of the intersection of
"J" Street, Marina Parkway, and Marina Way
City is also requesting the use of a small portion of the empty dirt lot located on the east side of Marina
View Parkway opposite the intersection of "]" Street, Marina Parkway, and Marina Way, for use as a
command center by police, fire, ambulance service, and Parks and Recreation personnel.
Use of all areas will be supervised by Chula Vista Police and Parks and R.ecreation personnel.
Please see attached area diagram.
/)"1,,/
..
..
..
..
..
.
:r
.D &d1bf 10
;;;
S'
ii
\0000 ...
D
:K \.
~ \ I
I'
.- .. . I \0 CJC:J n
( r
I i ~
!Q \
I
.
0
~
) n n
0 0
~
:z
. "
~ 1:
d
a
n
.
t:
..
III
. SI.. "
.
w
oc
.)
. .
0-
-0
c:;
",
r
,
(t.
1
$I
11:
-
t.
9
:
..
NORTH
..
, ..
) ;J -I>
i I
, ./
%-5
~I
J I Su..'
I
Attachment C
1994 Festival and Fireworks Budget Detail
Fireworks Contract
Rental of Tug and Barge
Rental of Traffic Control Equipment
Rental of Portable Toilets
Additional Trash Receptacles
Shuttle Bus Service
Police Services
Parks and Recreation Staff
Entertainment
Equipment Rental
Recreational Supplies
Miscellaneous Expenses
$ 16,500
2,210
450
1,310
300
995
7,400
3,035
9,500
1,500
260
250
TOTAL
$ 43,710
wp\f1rework.bud
/ J -I'"
COUNCIL AGENDA STATEMENT
Item: /'1
Meeting Date: 06/14/94
SUBMITTED BY:
175~7
Resolution Approving a City of Chula Vista Membership in
the California Healthy Cities Project; and a grant request in the amount
of $5,000 to Healthy Cities
Director of Parks and Recr~
City Manager 1(; ~ JI (4/5ths Vote: Yes _ No _XJ
ITEM TITLE:
REVIEWED BY:
In October 1993, the City of Chula Vista was selected to receive one of five California Healthy Cities
Project Special Achievement Awards for its senior safety net program, PROJECT CARE. FoIlowing
the award presentation, the City was asked by Healthy Cities Project staff to submit a project proposal
and apply to become one of the state's "Healthy Cities".
In response to the needs identified during last spring's Youth Summit, the City has decided, in
coIlaboration with South Bay Community Services, to produce a "publication for youth, by youth" as the
first year project for its Healthy Cities application. The monthly publication will provide youth
opportunities to learn and develop basic business and communication skiIls. In addition, this publication
will help build a stronger communication network on available activities, programs, and health and social
issues. The project will be a cooperative effort involving the City, South Bay Community Services' Kidz
Biz Program, and the Chula Vista Youth Coalition.
RECOMMENDATION: That the City Council adopt the resolution supporting the City's grant request
for $5,000 for a youth publication, and application to become a member of the California Healthy Cities
Project.
DISCUSSION: The Healthy Cities model provides an integrated approach to enhancing the health of
a city by focusing on a process for community improvement. Since 1988, the California Healthy Cities
Project has assisted cities and public health agencies with their efforts to put the Healthy Cities model into
practice. The Sacramento-based Project is funded by the State Department of Health Services, and it is
the first and only state health agency in the country to fund a Healthy Cities program. The Healthy Cities
Project offers educational programs, technical consultation, and resource materials to interested cities
throughout the state.
The cities participating in the Healthy Cities Project are diverse in size, economic levels and located
throughout the State. Tbese cities provide services which address a diverse range of community issues
that include protection of the physical environment, improvement of public safety, and the provision of
adult literacy programs to give residents skiIlS to improve their health. Some of the San Diego County
cities that belong to the Healthy Cities Project are Escondido and Oceanside.
By becoming a member of the Healthy Cities Project, the City would benefit by receiving funds up to
$5,000 to pay for community service programs. One program the Department has developed, in
I~-/
cooperation with South Bay Community Services, is a monthly news publication that would be produced
by youth and managed by the youth. As noted earlier, the publication could highlight programs for
youth, commentaries on issues that affect youth, and literary work, etc. This publication would provide
youth opportunities to: (1) learn basic entrepreneurial skills; (2) work with adult mentors from local
businesses; (3) develop positive community skills; and (4) express themselves in positive and creative
ways. Participants will also help build a stronger communication network for youth on available activities
and programs, as well as important health and social issues.
Kidz Biz graduates choosing to work on the youth publication will participate in its design, solicit
advertisements from local businesses, develop and implement a distribution plan, and develop and
implement a marketing and public relations plan. Content of the publication will include relevant health
and social issues, available programs and activities, and current events.
Adult volunteers/mentors will provide guidance and assistance in developing the start-up plan for the
publication. Youth will be responsible for writing articles, approving copy, layout, production, and
distribution. In addition, youth completing the Kidz Biz training program and working on the newspaper
will be expected to serve as mentors for younger youth (e.g., middle/junior high school age youth)
interested in joining the newspaper staff.
The newspaper will provide a vehicle for the city's youth to express themselves in a positive, creative,
and constructive manner. It is anticipated that the newspaper will: (1) increase the knowledge base of
the target population regarding health and social issues, available programs and services, and current
events; (2) improve communication among youth, and between youth and adults; and (3) improve the
image of youth as productive, caring Chula Vista residents.
Other benefits of becoming a Healthy Cities member include networking, quarterly newsletter, and
membership meetings. The Healthy Cities Project is endorsed by the League of California Cities.
FISCAL IMPACT: There are no fees in becoming a member of Healthy Cities. Approximately $5,000
in grant funds could be secured for a youth publication.
Attachments:
Healthy Cities Brochure . ~13)
Member Cities ~()'f SC~'"
)'I~ ..2.
RESOLUTION NO. 1?5~ 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CITY OF CHULA VISTA
MEMBERSHIP IN THE CALIFORNIA HEALTHY CITIES
PROJECT; AND A GRANT REQUEST IN THE AMOUNT OF
$5,000 TO HEALTHY CITIES
WHEREAS, in October, 1993, the city of Chula vista was
selected to receive one of five California Healthy cities Project
Special Achievement Awards for its senior safety net program,
PROJECT CARE; and
WHEREAS, following the award presentation, the City was
asked by Healthy cities Project staff to submit a project proposal
and apply to become one of the state's "Healthy Cities"; and
WHEREAS, in response to the needs identified during last
spring's Youth Summit, the City has decided, in collaboration with
South Bay Community Services, to produce a "publication for youth,
by youth" as the first year project for its Healthy City
application, which will provide youth opportunities to learn and
develop basic business and communication skills; and
WHEREAS, the project will be a cooperative effort
involving the City, South Bay Community Services' Kidz Biz Program,
and the Chula vista Youth Coalition.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve a city of Chula vista
membership in the California Healthy cities Project.
BE IT FURTHER RESOLVED that the City Council does
support the grant request for $5,000 for a youth publicati
:f::s ;~ '.
~ Bruce M. Boogaard,
Attorney
Presented by
Jess Valenzuela, Director of
Parks and Recreation
C:\rs\healthy.cty
/J/ -3
- ~,.
.III
~
CALIFORNIA HEALTHY CITIES PROJECT
Imagine a city in which each resi-
dent can live a healthy, productive
life in a clean, safe environment.
Imagine a city that supports all of its
residents in their quest for personal
satisfaction and fulfillment. Imagine a
city where government, industry and
residents work together to achieve
common goals that support
the well-being of the commu-
nity. Finally, imagine a city
where all individuals-
.-,. ideas, rapon-
''//We poIkies, tmd "",
a(HJn...a of
-have equal access to ser- !
, ,-fulprograms
regardless of race or income
vices, resources and opportu-
nities. Transforming today's
city into that city is the vision
of the international Healthy
Cities movement.
/~-~
.., ,........"'-._. '..i-""'~~ "-."..".."......".,._~
. 10 be shared among
emu tbrougbout
""'Stale."
Clark Goecker.
Assistant Director.
League of
California Cities
~'.._. .,,- ~.-
.
, _be
-
,.,;,yJllldanmt)/
i............... by
Healthy Cm.. are
eritk4l to msNring
, the "....... health of
"
all CoJifomuz.... .
George Flores, M.D.,
H",,(.h Officer,
Sonoma County
-
I.
_..-..-_'........___..,,_..,.~.~_b
Elihu Harris. Mayor.
Oakland .
Cities,-
Judy Chu,
Fonner Mayor,
Monterey Park
,.,
1'/:>
, ~
The California Healthy Cities Project
The Healthy Cities model, developed
under the auspices of the World
Health Organization and now in place
in hundreds of cities across the globe,
provides an integrated approach to enhancing the
health of a city by focusing on a process for com~
muniry improvement. Resident participation in
determining health and health.related needs as
well as devising and implementing solutions is the
cornerstone of the Healthy Ciries approach. The
public and private sectors of the community are
also vital partners in this process.
In California, translating the model into
reality is the goal of the California Healthy Cities
Project. Since 1988, the Project has supported
several California cities to become "living labora- .
tories" to demonstrate the many ways healthy
city environments can be created in ow state.
California's Healthy Cities are a diverse
group of municipalities, both large and small,
affluent and disadvantaged. located across the
state. The local health concerns they address are
as diverse as the character of the communities
they serve. Representative efforts include
This innovative. statewide public health
effort reflects the pioneering leadership of its
funding agency. the California Department of
Health Services. The Project is managed by the
Western Consortium for Public Health (WCPH),
an independent, non-profit corporation. WCPH
represents
. the School of Public Health and University
Extension Division at the University of
California. Berkeley, and
. the School of Public Health and University
Extension Division at the University of
California. Los Angeles.
It is also affiliated with
the protection of the physical environment
through development of an integrated waste man-
agement program;
the improvement of public safety through a tar-
geted efforr to curb youth-oriented drug and gang
activities;
the development of an educational campaign
about AIDS targeted to business and industry;
the provision of adult literacy and English-as-
a-Second Language programs to give residents
the skills that allow them to improve their
physical, mental and social health;
the implementation of injury prevention pro-
grams. including seat belt usage and water safety;
and
the promotion of independent living for those
with long-term care needs, through increased
coordination of existing social services and con-
struction of an Adult Day Health Care facility.
A high priority of many Healthy Cities' ini-
tiatives is the empowerment of residents who-
for reasons of poverty, low levels of education
or English language skills-may previously have
lacked the knowledge. skills and opportunity to
improve their own health.
the San Diego State University School
of Public Health, and
the Institute for Health Policy
Studies at the University of California,
San Francisco.
The Consortium brings the
resources of multiple health-related
disciplines and university campuses
to meet the health-planning needs
of California cities.
The California
Healthy Cities Project
assists cities by
identifying external
sources of funds and
program resources.
. sponsoring statewide
conferences and regional
meetings,
distributing the
Connections newsletter
and other information,
. establishing linkages
between persons with
similar interests, and
. providing a resource
guide to support local
city efforts to improve
health and livability.
.
To learn how your
city can benefit, contact:
California Healthy Cities Proiect
P.O. Box 942732
Sacramento, CA 94234-7320
(916)327-7017
(916)324-7763 (FAX)
-wk /><Ofk 10
.....tual/y ...pport
M<h other ill per-
forming aU the (ruu;-
tiom of life attd in
developittg 10 their
maximum potential. ..
T. Hancock and L.
Duhl, quoted in
WHO Healthy Cities
Papers, No.1
II/~~
.."-.-"'.....
"~ ...,..~....,.,."." - "':k<;''"''T"
~ ""."""",. ,.'~.i,"IIf!""",- '"""":"'i' ~:o;.^
'7 ~ ....."...'.,_~ ,..,~'.,..""""'~"
-
~
C'\LIKlRNI:\ HEALTHY CITIES PROJECT
Resolved by the Assembly of
the State of California, That
the Assembly of the State of
California commends the California
Healthy Cities for their commitment to
increasing the livability of their com-
munities and positively influencing the
health status of local residents.
House Resolution No. 68
August 29, 1990
California Healthy Cities Project
P.O. Box 942732
Sacramento, CA 94234-7320
(916) 327-7017 J.I
(916) 324-7763 (FAX) J"7 - ?
C Wemm Consortium for Public Health, 1992.
This material is baed UpoII work supponed by the: SUte of California. Department of Health Services, under Contract: No. 90. t 181 3
r
'\<t'__ i't-I;:,'"""",,,,,,,, _~.",."
~" ..,."....-.,..,-".. .."',..~=
-,--~,.- , -,.,,~-
\0,"'" ii'
~", ~.-';,.,:
!' '.~~"-"
f~....', ""'3 ~".','
:~{"':-:,:,.,
,
~f"~
~-
CALIFORNIA HEALTHY CITIES PROJECT
VOLUME FIVE, NUMBER FOUR' SPRING 1994 EDITION
SAN FRANCISCO-IMPROVING CHILDREN'S HEALTH
an Francisco began its Healthy
City project in December 1993, following
a great deal of planning and effort by
community members, business owners.
organizational representatives, and health
department staff. Melange Matthews,
Senior Legislative Planner and chair of the
steering committee for the San Francisco
project noted, "We just hit the fIrst quarter
mark of our project, but the lessons started
long before we were even designated!"
San Francisco's initial efforts will
focus on increasing the rate of on-time
immunizations for two-year-olds in the
Tenderloin neighborhood of the City. The
Tenderloin is home for over 25,000
Continued on page 4
Melange Matthews, Senior Legislative Planner, City of San Francisco, shares San Francisco's
Proclamation with Joan Twiss. Director, and Gregory Shaffer, Local Program Development
Specialist. of California Healthy Cities.
OCEANSIDE-"COMMUNITY BEGINS WITH ME!"
.r
t he goal of Oceanside's Councilmember. "In fact, we're hoping
project-Community Begins With Me!- that this project will be disseminated
is to make neighborhoods safer and more and replicated in many Oceanside
aesthetically pleasing through empowered neighborhoods."
neighborhood and resident groups. The Mesa Margarita neighborhood,
Oceanside's Healthy City effort began with its demonstrated high level of
when the steering committee, composed of community involvement through programs
community leaders, held a day-long such as Neighborhood Watch, will partner
assessment meeting in June 1993. The with the City to deal directly with two
assessment revealed broad community major problems: graffIti and the need to
concerns-that crime, gangs and graffIti beautify neglected residential properties.
were undermining the quality of The steering committee and 20 area
life for residents in Oceanside's ~....... ~ '-- volunteers have surveyed over 200
neighborhoods. Focusing on ~ ,!.."'- residents within Mesa
neighborhood leaders as Margarita-in English and
conveners for Healthy City in Spanish-on their
efforts, the steering commit- perceptions of safety,
tee chose a specific area for aesthetics. livability, and
first-year graffiti abatement community involvement.
and beautifIcation activities. Survey results are being tabulated using
"The City Council is very excited volunteer efforts.
about the Healthy City project," said "GraffIti is a serious problem in the
Colleen O'Hara, Oceanside City Mesa Margarita neighbi~: said y
/
Miller, Chairman of the GraffIti subcom-
mittee. "Our project will provide residents
with the tools needed for combatting this
public nuisance."
Mesa Margarita's beautification
program plans to include monthly awards
to residents in the area. recognizing efforts
to improve their visual and aesthetic
impact on the neighborhood. Marietta's, a
local restaurant, is providing two free
dinners to each winner.
"Neighborhood beautifIcation projects
teach the youth of our community that the
adults care," said Gaye Soroka, a member
of the Beautification Subcommittee.
"Residents who demonstrate concern for
the neighborhood teach responsibility to
our youth."
For more information on Oceanside's
Healthy City project, call Michele Skaggs
Lawrence, Management Analyst, City
Manager's OffIce, at (619)966-4422.
4>
PROFILES OF CITIES P ARTICIPATINO
IN THE
CALIFORNIA HEALTHY CITIES PROJECT
" hese communities largely reflect the multi-
... ethnic, multi-cultural nature oCthe State as
a whole. Their selection was based on their com-
mitment to health improvement through a com-
prehensive approach which includes creating and
maintaining a healthful physical, social. and eco-
nomic environment.
Each city begins the process with a council
resolution supponing the principles of Healthy Cities--
a collaboration among sectors within the community
and improved public health through benerpublic policy.
A Healthy Cities committee is established and once
consensus is achieved about which target area will
receive attention first, a workplan is developed. The
profiles below describe the varied projects undertaken
by these California communities.
--- ..~. ...............
BIIRKUrt (population 102,724)
Berkeley's Healthy Cities project is a multi-year com-
munity effort to achieve a safe. awactive andeconomi-
cally vital neighborhood for the Telegraph Avenue!
Southcampus area. Adjacent to the University of
California, the Southcampus area is composed of 80%
nonfamily households; 42% of persons with below-
poverty level incomes; and a populalion consisting of
54% white, 9% African American, 31% Asian. 13%
Latino..and 7% Qdler etbnic POIIpI. By uniting resi-
dents, businesses. propetty owners. churches, service
providers, the City ,die University and interested orga-
ni~ons, the Sou~ area will serve as a demon-
stratiOR project for -,..otil:Ig bealIh concerns into a
broad approach for improving the overall environment
of the City. During their first year, the project will
focus on increasing community input and involvement
in identifying and coordinating both short and long-
term projects; increasing mental health refemls and
outreach services for adults; reducing assault injuries;
and increasing information on AlDSIHIV.
CHICO (population46,OOO)
Chico's Healthy Cities project began with a 1992
community-wide planning conference entitled "Healthy
Chico 2000: Opportunities and Challenges" in which
120 participants prioritized a series of individual and
community health needs. Discovering that 20 percent
of children under 5 years old and 25 percent of children
between 5 and 17 years old lived in below-poverty
level conditions, the plan's first initiative focused on
children and youth. The Healthy Cities effort, Healthy
Chico KUJs 2000, will thus be dedicated to promoting
the highest possible level of health and well-being of
Chico children and youth by the year 2000. Based on
the premise that children and youth make health-
related choices within a social context, the project will
concentrate its efforts on 20 wellness categories: nuai-
tion; physical fillless; emotional well-being; social
well-being; substance abuse prevention; living lightly
on the earth; dental health; responsible sexual behav-
ior; living safely; and preventive medical care. Com-
munity-wide action initiatives will be launched at three
to six month intervals, beginning with nutrition in
January 1994. First year project activities will include
program development in local schools, educational
consultation. seminars, materials disuibution. and media
campaigns.
DuAR'n (population 22 ,000)
In their first year as a Charter City, the Duarte Healthy
Cities Program promoted awareness and better
utilization of local community health and wellness
resources. A prototype bilingual Wellness Guide was
distributed free to every household in the city. The city
later built upon this resource and encouraged city
residents 10 become more health conscious in their
daily life-style decisions. by holding a Kids Care Fair,
co-sponsored by the City, the Santa Teresita Hospital
and the City of Hope National Medical Cenrer. In
addition. an AIDS Forum and a play. especially
designed to share information about the AIDS virus
was beld in conjunction withKaiserPermanente. Duarte
Ijp> Over tor Iddltlonal en...
)'1- 9
r I~
~,....-.~-_..-
DUARTE, CONT.
used a California Smoke-Free Cities grant to conduct
a public attitudes survey on smoking and smoke.free
environments. Now in their founh year, Duarte's goal
is to revise and update the City's 1988 20-yearStrategic
Plan, incorporating the Healthy City philosophy and
Healthy People 2000 objectives. In 1991, Duarte was
awarded the League ofCalifomia Cities' HelenPuawn
A ward of Excellence in the administration category for
their community wellness campaign.
ESCONDIDO (population /05,0(0)
The first year of Escondido's Healthy Cities Program
focuses on the development of an integrated planning
process to assess the needs of the Latino community.
The project, "La Vida Buena", will produce a strategic
plan which will serve as a blueprint, identifying
strategies to prevent illness and improve the health
status of Latinos. The City's previous experience with
innovative community partnerships, tackling such
problems as gang violence, public drinking, and drug-
related crime, will be utilized in the development of
this plan. Community involvement in the project is
provided viaa30membercoalition. with repJUentalives
from the local Spanish language newspaper, interfaith
crisis center. local hospitals, county health department.
city representatives. and members from the community-
at-large.
MONTEREY PARK (population 65,0(0)
Given the fundamental link between literacy and health.
the Monterey Parle Healthy Cities Program has
incorporated health education ituo an adult literacy
program with themes such as correct use ofmedications
and tobacco control. 1be Literacy for All of Monterey
Parle (LAMP) serves residents leamina English-as-a-
second-language as well as the functionally illiterate
using a I 25-plus volumeerteaching staff.1be program
is overseen by the City Housing and Community
Development DiteClDranddirec:ted by the City Literacy
Coordinator.1be~yParlcHealthyCitiesSteering
Committee-a group representing diverse community
constituencies-provides valuable suggestions for
health topics and themes for incorporation ituo the
LAMP programs. Last year. LAMP expanded from 85
to 270 SlUdems. An active worlcsiteprojectwas created.
endorsed by employers and employees. to improve
adult literacy and reduce potential health risks. This
year. LAMPhas expanded its literacy training to include
U.S. citizenship orientation and worlcshops. increasing
opportunities for participation in civic affairs.
PALM DESERT (population /9.500)
Injury prevention has been the focus of the Palm Desen
Healthy Cities Program, using a multi-year plan to
increase personal and community health and safety. In
the first year of the program. the State Office of Traffic
Safety provided over $16,000 in project funding for a
successful seat-belt usage campaign. Educational pre-
sentations were made, informational materials were
purchased for on-going community education. and
"Buckle Up" signs were purchased and placed at stra-
tegic street comers and near the exits to major employ-
ers. After one year, surveys showed a 13 percent
increase from 49 percent to 62 percent In the city's
second year. the program focus shifted to water safety
and drowning prevention Palm Desen produced a
brochure, "How to Use Your Pool and Spa Safely" and
also obtained water safety coloring books. imprinted
with the City's name and logo. for local distribution.
lbis year, the City's focus is on emergency/disaster
preparedness including the offering of a hazard analy-
sis by the City Building Department during the month
of April. designated as Earthquake Preparedness Month;
coordination with local retailers to promote household
emergency products; provision of educational materi-
als to teachers; and presentations to the community.
PASAD.NA (populalion13/,OOO)
1be Pasadena Healthy Cities Program has centered
around the creation of a multi.faceted planning tool
called the QualityofLife (QOL) Index. Used to measure
performance in such areas as arts and culture, education.
health. employment, and housing, the QOL Index
identifies 65 key areas which reflect the "health" of the
community. Results will be used as a decision-making
tool for the city. targeting community needs and
resources for implementing health-promoting public
policy. 1be program consulted with a broad-based
steering committee; an exploratory forum in which I SO
community members participated; special interest and
neighborhood discussion groups; and city department
heads. 1be program also utilized the resources of the
Healthy Cities Project Model and the Healthy People
2000 Health Objectives. Funding was provided by
Kaiser-Permanente. Southern California Edison and
local businesses.1be Index has beendisttibuted through
city, state, national and international networks;
providing a proactive model of healthy public policy.
Currently. several City departments are coordinating
strategies for Index utilization and implementation.
2
)Jf-/t/
.~.
PITTSBURG (popuianofl 46500)
The City of Pinsburg has developed a multi-faceted
approach to improve livability and reduce risks for injury
and violence. Pittsburg's Healthy Cities Program
concentrales on enhancing motor vehicle. bicycle. and
pedestrian safety. In addition, a key project element is to
decrease gang participation and group violence. The
City's Leisure Services brochure. published quarterly.
will be used to provide every household in the city with
a listing of upcoming health related activities. Providing
direction to the program is a broad-based steering
committee including representatives from the Contra
Costa County Health Department, various deparunents
within the city. educators. religious leaders. and members
of the community.
ROHNERT PARK (popuialio1l35,OOO)
Creating a "Tobacco-Free City" by the end of the decade
has been the goal of Rohnen PaIk's Healthy Cities
Program. with education and public relations targeted
towards studerns. residents. the elderly. wodcers and the
hospitality industry. Rohnen Park received $150.(0) in
grant funds from the State Tobacco Conb'Ol Section. the
first city to receive such funds. in developing a warlcsite
tobacco conb'Ol project The project pannered with
private non-profit organizations-raising awareness:
creating a ''Teens As Teachers" program: educating local
spons groups to discourage courage tobacco use and
voluntary removal of tobacco l00k-a1iIce prodUCIS at
ballpadcs: and wadcingwithlocalmerchantsinpreventing
the sale of tobacco products to persons under 18 years of
age. Rohnen Park conducted a systematic assessment of
health and human service needs of youth and families
within the community. The survey, designed to provide
a benchmark of community heallh and well-being,
identified youth as a primary target for heallh promOlion
projects. This year, the City will focus on youth smoking
cessation classes and integration of survey results into
community service plaming strategies.
.'
ROSEVILLE (populatio1l54,OOO)
One of the most impressive ouu:omes of Roseville's
Healthy Cities effons has been the deve10pmelU of a
Vision Statement as an over-arching guide to project
values and long-term goals. ConstIUcted as a "living"
document, the Steering Committee's VISion StalemelU is
planned to be shared with and affirmed by the community.
As a first incremelU in fulfi1ling the vision. Roseville's
Healthy Cities project has targeted the improvement in
deliveryofhealth services to low income mOChers, infants
and children. The project was selected by a vote of the
steering committee, using the California Alliance of
Referral Services (CARS) taxonomy of community
services as well as data provided by the Placer County.
Health Officer. Over the next year. the project will
work towards obtaining a permanent facility for health
care delivery: COnducting a needs assessment of the
mothers in the largest population: and expanding and
enhancing health care or other services to the target
population based upon findings and recommendations
of the needs assessment.
SANTA CLARITA (popuiario1l13I,OOO)
The Santa Clarita Healthy Cities Program has focused on
a commianent to provide recreational opponunities and
access to open space for all its residents. In its first year.
the project involved a broad specttum of stakeholders to
develop a master plan for the Santa Qara River open
space area. The masterplan provided forthe preservation
of sensitive ecological areas, including a trail system and
a varietyofpadc-related features. Community awareness
and consensus for preserving the Santa Qara River open
space led to an open-space acquisition and maintenance
strategy; the COnstIUction of the Soulh Fork TI1Iil:
application for a State Clean Air and TIansponation
Improvement Act Grant for COnstIUction of the East/
West TI1Iil; and development of a walking promotion
program as a demonstration project Santa Clarita
dedicated the SoulhForkTI1Iil inMay 1993 as panoflheir
"Healthy Cities Day." This year, Ihe City will focus on
continuedexpansionofthe trail system as well asoffering
resident and neighbothood training for emergency
preparedness.
WEST HOLLYWOOD(populatio1l35,OOO)
Nationally recognized for its commianelU to human
services.1he West Hollywood Healthy Cities Program
has emphasized addressing the city residents' long-
term health care needs. One indicator of this
commianem was the city's direction of over $950.000
to community-based organizations lhat addressed a
number of long-term care issues. A respite day care
center to serve people living wilh AIDS and the frail
elderly has opened: staff training for the center has
been implemented as an on-going process: and
community outreach and coordination of services with
existing agencies has begun. In 1991, West Hollywood
received the Conference of Mayors City Uvability
Award -- one ofoniy five cities inlhe nation so honored
- for its entire spectNm of AIDS services. including
the AIDS component of the city's long term care
project This year, West Hollywood will colUinue to
focus on combined culturalllife-sryle services as well
as constrUcting a second 41-unit affordable housing
project to accommodate the frail elderly and persons
living wilh AIDS.
3 )1/./1
:.1 ^
CHARTER CITIES:
Arcata, Duarte, Long
Seach, Monterey Park,
Palm Desert, Pasa-
dena, Rohnerf Park,
Santa Clarita,
South EI Monte, and
West Hollywood
California Healthy Cities is a collaboralive project of the California Department of Health
Services and the Western Consortiumfor Public Health.
R,.iad: /01/2/93
4 /'1-/:2.
..A
COUNCIL AGENDA STATEMENT
Item 15
)')~r'
Resolution Approving Uncontrolled Embankment Agreement for
fill at property on Otay Valley Road, east of the Auto Center
(APN 644-040-40)
SUBMITTED BY: Director of Public Work,!:. ~
REVIEWED BY: City Manager 1(; ? iT (4/5 Vote: Yes_ NoX)
Mr. Fred Borst, representing ownership of the property on Otay Valley Road known as
Assessor's Parcel No. 644-040-40, has requested permission for an uncontrolled embankment.
Meeting Date 6/14/94
ITEM TITLE:
According to section 15.04.285 of the Municipal Code, all uncontrolled embankment agreements
must be approved by Council prior to issuance of the grading permit.
RECOMMENDATION: That Council adopt the subject resolution, authorize the Mayor to sign
the agreement on behalf of the City and direct the City Clerk to have the resolution and
agreement recorded.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The uncontrolled embankment in this particular case will be used to provide fill for the
foundation of a contemplated extension of the Chula Vista Auto Park, known as Auto Park Phase
II. Upon approval of Phase II, the fill will be moved immediately west (within the same
property) from its uncontrolled embankment location (See Exhibit A). Uncontrolled
embankment, as defmed in Section 15.04.010 of the Municipal Code, is land development on
which no soil testing was performed or no compaction reports or other soil reports were
prepared or submitted. The applicant must enter into an agreement stating that no building
permit may be issued for the site until soil tests are performed and approval is given. The
agreement must be approved by Council and subsequently recorded against the title of the
property .
The City Landscape Architect, Community Development, the Department of Parks and
Recreation, and the Engineering Division have approved the grading plans, which depict the
uncontrolled embankment. Based on the determination that the project is categorically exempt
from environmental review, a CEQA exemption was filed with the State in accordance with State
guidelines.
/.5''' /
Page 2, Item /.5
Meeting Date 6/14/94
The owner has executed his portion of the uncontrolled embankment agreement.
Approval of the agreement is conditioned as follows:
1. The fill deposited shall be designated as an uncontrolled embankment and
constructed per the approved plan and permit.
2. The developer acknowledges that the site is not eligible for a building permit.
3. The site work shall be done and maintained in a safe and sanitary manner at the
cost of the owner or his successors in interest.
FISCAL IMPACT: A fee for the uncontrolled embankment grading permit has been paid by
the applicant to cover the cost of processing.
JA:PH-Oll
F:\HOME\ENGINEER\AGENDA \A-113.JGA
/5-',,}...
RESOLUTION NO. 175'.2. Y
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING UNCONTROLLED EMBANKMENT
AGREEMENT FOR FILL AT PROPERTY ON OTAY VALLEY
ROAD, EAST OF THE AUTO CENTER (APN 644-040-
40), AND AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, Mr. Fred Borst, representing ownership of the
property on Otay Valley Road known as Assessor's Parcel No. 644-
040-040, has requested permission for an uncontrolled embankment to
provide fill for the foundation of a contemplated extension of the
Chula vista Auto Park, known as Auto Park Phase II; and
WHEREAS, according to section 15.04.285 of the Municipal
Code, all uncontrolled embankment agreements must be approved by
Council prior to issuance of the grading permit.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council
of the City of Chula vista does hereby approve an Uncontrolled
Embankment Agreement for fill at property on Otay Valley Road, east
of the Auto Center, 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 execute said
Agreement for and on behalf of the city of ula
C:\rs\borst.agr
~r
rd, City
Presented by
John P. Lippitt, Director of
Public Works
/.Y3/16-'I
a: f6"
IO,~ _!,-.~" i# _00.
rt _..J""~ '>i
~"......_ i . .:Iii
. .
,_,.._ I
.
~I :
I I
I .
Ii'" I
I .
. I
-+- i
,
I
tf"o~-':-
.
.
.
.
..._....__.J
,
.
I
.___...-.1
I
.
I
,
,--
I
I
,
a:
>
...0
01
.
:-.. ;
.. r .....,
~",
"',
\
,
.. --- .
...._-.....J
".
...
...
--
'.
.-
. . ;
. . .
! : .
"I; !_~-
" .
I
.. .
.. _L:
.-- ...
I
I 'a:'
I Ill>
: "0
J
;
I
.
----_._-----
----
'.,'
I>,f
~~
.
w
a:
.
~D.
u.
w:::E
-'a:
00
a:~
D..
ou
.0
0...
a:~
>-u
Ww
...-,
"'0
<a:
>D.
>-
.
~
o
<(
\-
-
~
>
a:
c
CI
Z
::J
o
ID
C
:,...
C .,
... N
: S
~~
~t
!: c
:g I
:!
g ~ ~
i~t
g ~ ~ f
z ... >
~ ~ > ~
o li1 c It
: . ~ i
a: .
I = 'G: · I
::E > · I
i p I I
- I
-
:t
><
W
..
.'
...
,
,
AGREEMENT FOR LAND DEVELOPMENT
FOR UNCONTROLLED EMBANlCMENT
@"@fPJl
THIS AGREEMENT made and entered into thia day of
, 19_, by and between the City of Chula Vista,
hereinafter referred to as "city", and JAGINCO, L.P.; FASK LAND, INC.;
BORST REVOCABLE TRUST, hereinafter referred to as "Developer."
WIT N E SSE T H :
WHEREAS Developer is the owner of certain real property
located within the City of Chula Vista, County of San Diego, state
of California, and more particularly described as follows:
SEE ATTACHED LEGAL DESCRIPTION EXHIBIT "A"
and
;
WHEREAS Developer has allowed to be placed upon said property
certain fill material, i.e. dirt, rocks, etc., which fill material
has been so placed in the manner known as loose fill and
uncompacted, and
WHEREAS pursuant to Section 15.04. 85 such fill is designated
aa an uncontrolled embankment requiring the execution of special
maintenance agreement for land development,
NOW THEREFORE IT IS MUTUALLY AGREED by and between the City of
Chula Vista and . DEVELOPER , as follows:
1. The fill deposited upon that certain property described
hereinabove, owned by Developer, ahall hereby be designated as an
uncontrolled embankment and ahall be constructed in accordance with
Grading Permit No. PH-Oll and plana approved by the City Engineer.
2. Developer hereby acknowledges that as an uncontrolled
embankment said site is not eligible for a building permit unless
special soils analysis and foundation design are submitted and
Developer hereby agrees to provide said 80ils analysis and
foundation design or to reconstruct the embankment and fill in the
manner as approved by the City Engineer.
~
,
I,>-~
..
.. ,. ..
E X RIB IT" A "
LEGAL DESCRIPTION
APN 644-040-40
W.O. PH-011
"
BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER AND A PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER
AND THE EASTERLY 165.00 FEET OF LOT 2 IN SECTION 19, TOWNSHIP 18 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER OF SECTION 19 PER ROS 10127; THENCE NORTH 89.
01' 52" WEST A DISTANCE OF 1,486.67 FEET TO THE SOUTHWEST CORNER OF
SAID EASTERLY 165 FEET; THENCE NORTH O. 18' 47" EAST A DISTANCE OF
1,340.90 FEET TO THE CENTERLINE OF OTAY VALLEY ROAD; THENCE SOUTH 88.
57' 01" EAST ALONG THE CENTERLINE OF OTAY VALLEY ROAD A DISTANCE OF
1,487.70 FEET TO POINT "A"; THENCE NORTH O. 21' 22" EAST A DISTANCE OF
10.58 FEET; THENCE SOUTH 72. 07' 40" EAST ALONG THE CENTERLINE OF OTAY
VALLEY ROAD A DISTANCE OF 771.67 FEET; THENCE SOUTH 17.52' 20" WEST A
DISTANCE OF ,20,00 FEET; THENCE SOUTH 69. 51' 35" EAST A DISTANCE OF
202.16 FEET; THENCE SOUTH 72. 07' 40" EAST A DISTANCE OF 430.00 FEET;
THENCE SOUTH 74. 25' 06" EAST A DISTANCE 200.16 FEET; THENCE NORTH 17.
52' 20" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 72. 07' 40" EAST A
DISTANCE OF 249.72 FEET TO THE BEGINNING OF A CIRCULAR CURVE TO THE
LEFT; THENCE THROUGH SAID CURVE HAVING A DELTA OF 36. 39' 28", AND
RADIUS OF 1,250 FEET THROUGH AN ARC LENGTH OF 799.75 FEET; THENCE
NORTH 71. 12' 52" EAST A DISTANCE OF 95.23 FEET TO A POINT IN THE EAST
LINE OF SECTION 19; THENCE SOUTH O. 26' 05" WEST ALONG SAID EAST LINE
OF SECTION 19 A DISTANCE OF 862,50 FEET TO THE EAST QUARTER CORNER
OF SECTION 19; THENCE NORTH 89. 01' 28" WEST A DISTANCE OF 2,642.49 FEET
TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM: THAT PORTION OF SAID SOUTHEAST QUARTER OF
THE NORTHWEST QUARTER OF SAID SECTION 19 MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT SAID POINT "A"; THENCE SOUTH O. 21' 22" WEST A DISTANCE
OF 25.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH
0.21' 22" WEST A DISTANCE OF 208.71 FEET; THENCE NORTH 88. 57' 01" WEST
A DISTANCE OF 208.71; THENCE NORTH O. 21' 22" EAST A DISTANCE OF 208.71
FEET; THENCE SOUTH 88. 57' 01" EAST A DISTANCE OF 208.71' TO THE TRUE
POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM: ANY ADDITIONAL RIGHT OF WAY ON OTAY
., VALLEY ROAD WHICH MAY HAVE BEEN GRANTED TO THE CITY OF CHULA VISTA.
/.>" ? /1.5 - 8
..
~'
.~
.
.
I
AU.PURPOSE ACKNOWr,.DGMENI'
Sm~of C~~/~ }
countyof...r~ ,f)/EO 0
On MA"/';).S""d"l'ljbeforeme,.tJ/Me C ~.A1[r1..", ~v.~
DAlf NAME.Tm.lOFOFFa:R'E.O"'JAHEDO(,OOTNft'(~
personally appeared ~'</'c/c t..... t30~
HAMelSI OF SIQNER(S) .
o .....rs8RsJI) 1........1..8 fila QR A-PrOVed to me on the basis of satisfactory evidence
to be the perso~' whose nam~ is/It8
subscribed to the w'ilhin instrument and ac.
knowledged to me tha.t he/~y executed
the sam'!. In his~ir lulhorized
capacity(jjIt), and that by hls/~;'r
signatur~n the instrument the perso
orthe entity upon behalf of which the perso
. execuled the Instrument.
55 my hand and official se
e,'
"'200
CAPACITY CLAIMED BY SIGNER
[] INDIVIDUAL(S)
[] CORPORATE
OFFICER(S)
TIlI.E<SI
[] PARTNER(S)
[] ATTORNEY.IN.FACT
[] TRUSTEE(S)
[] sueSCRlStNQ WITNESS
[] GUARDIAN/CONSERVATOR
[] OTHER:
SIGNER IS REPRESENTING:
NAM! OF PERSONlS} OA E'NTITYflES}
SIGNA OFNOTARY
ATTENnoN NOTARY: AIIhough!he Informdon requHted t.IDw III OPnOHAL. it CI:IUld ptWYent 'raudulenl: attac:hmenI of !he certlflcac4l1o unarthoti%8d documenI.
THIS CERTIFICATE rille or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer{s) Other Than Named Above
~
tl
ij
/.>'~
01.' NA110MAL HCnNf'f ASSOClATlON. <<231......... _,' P.O. 80Ii 7114. CInoga.... CA 11:1114-11..
r.
!
i
i
I
\
\
\
\
i
\
,
.
.'
3 . The land development work shall be done and maintained in
a safe and sanitary manner at the sole cost, risk, and
responsibility of the owner and his successors in interest, who
shall hold the City harmless with respect thereto.
IN WITNESS WHEREOF, the parties hereunto have set their hands
and seals the day and year first above written.
THE CITY OF CHULA VISTA:
ATTEST:
MAYOR
CITY CLERK
DEVELOPER:
~)IIN.~ I &rdJ
FRED L. BORST for
JAGINCO, L.P.; FASK LAND,INC.; BORST TRUST
(Attach Notary Acknowledgment)
,
If.~
.~
THE CITY OF CHUU VISTA PARTY DISCLOSUJlli STATEMENT
Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters
which will require discretionary action on the part of the City Council, Planning Commission, and all other
official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the contract, i.e., contractor,
subcontractor, material supplier.
~1- l~r AL.6'FR-t- e,Nb\N~lNf;-
~~~~' 1'VC..
..s.l _ P.
2. If any person identified pursuant to (]) above is a corporation or partnership, list the names of all
individuills owning more than ]0% of the shares in the corporation or owning any partnership
interest in the partnership.
.~L~ lNC IJf6\Ni--A, \...p.
HAM.l\ I<:fo<l'I-..t.olJl b_, ~. ALb'l. rl!l~", , ('~~f't&L Pl\~?b
, I
3. If any penon identified pursuant to (]) above is non-profit organization or a trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boardj.-Commissions, Committees and Council within the past tv.'elve months? Yes_
No ~ If yes, please indicate person(s):
5. PJeilse identify each and every person, including any agents, employees, consultants or independent
contractors who you have assigned to represent you before the City in this matter.
~~~
6. Have you ~ nd/or your officers or agents, in the aggregate, contributed more than $] ,000 to a
Councilme,nber in the current or preceding election period? Yes _ No ~ If yes, state which
Councilmember(s):
P<'r'on is defined as: "All)' indil'idllal, firm, co.partnrrship, joill/"rnlllrr. association. social cluh./ra/rrnal organization, corpora/ion.
. f'J/m,', nus!, rrcfirer, s)'l/dicmc, ,his and nil)' o,her COllll,>', eil)' alld COLU1n)~ cif)', nJLlIlidpnlif)', district or olher politfen/ slIbdh'isivll,
01' n"y OIlier group or combinnt;on nCll1lg ns nUll;':
(SOTE: Al1nch addilionnt pnges n~ ncccssnry)
Date: M~ 'Z-C"J lqfl
(~ 1@~JfF.
Signature of contractor/applicant
II.: I '.IOISCLOSLr.\1l
~~ ~,;-
Print or type n~me of contractor/applicant
If'.; / () 'p;;~~'O;}"')101
r
-
COUNCIL AGENDA STATEMENT
Item I J,
Meeting DatefJ(~9f
If
SUBMITTED BY:
Report on Industrial Zoning Policy
Director of Planning #t ~ .
Community Development Director C'
L-f
City Manager 1 r; ~ I
(4/5ths Vote: Yes_NoX)
Council Referral No.2728
ITEM TITLE:
REVIEWED BY:
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.
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 2/2/93). 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
I~"'I
Page 2, Item / "
Meeting Date ~f91
development. In addition, staff has worked with the Economic Development Commission and
its economic consultant, Williams Kuebelbeck, to analyze the availability of industrially zoned
land in the City. The final report by Williams - Kuebelbeck, entitled "City of Chula Vista
Targeting and Development Strategies," was completed and distributed to the Economic
Development Commission and City Council in January.
The Williams - Kuebelbeck study indicates that the City has approximately a 39 year supply of
industrial land, and that this represents an adequate supply for the foreseeable future. However,
it also suggested that the City consider a long-term policy to maintain a 50-year supply of
industrial land, in the event that economic conditions should change.
Notwithstanding the fact that the City has a relatively large inventory of undeveloped industrially
zoned property, it is important that any proposals to allow non-industrial use of such property
be carefully evaluated to ensure that they do not result in negative economic or fiscal
consequences to the City. Therefore, staff is recommending consideration of a draft Council
policy which would establish an evaluation process for any such land use proposals (see
Attachment 2). Briefly this evaluation process would include the following:
1) continued early notification of the City Council of any land use proposals involving:
a) a General Plan Amendment from Industrial to another land use category;
b) Re-zoning from Industrial to another zoning category; or
c) a Conditional Use Permit which would allow a non-industrial use in an industrial
zone;
2) a preliminary review by City staff to determine whether the proposal could result in a
significant fiscal or economic impact to the City;
3) in cases where a significant economic or fiscal impact could result, an "economic and
fiscal impact analysis" would be prepared by City staff, in consultation with the project
applicant, utilizing readily available information and analytical models;
4) this analysis would be reviewed by the Economic Development Commission, if requested
by the applicant or City staff, and would then be forwarded to the Planning Commission
and City Council for consideration in conjunction with public hearings on the proposal.
It is staff's opinion that this approach would provide the decision 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.
I~~,;J.,
Page 3, Item / "
Meeting Dat~/.(1f
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: \home\planning\indzon.al1)
/~";J /lb-1
..... . ..
EXCERPT FROM CITY COUNCIL MINUTES OF 2/2/93
Minutes
February 2, 1993
Page 11
A
i
'1. Direction to staff regarding consideration of rezoning of industrial land. Staff recommended that
r Council establish a policy of the Council that no negotiation for the rezoning of industrial property should
* eccur without authorization first being obtained from the Council.
;: MS (MOCft/Nader) direct staff to submit a Counc:il policy !bat noted the following: I} Industrial zoned
. i\..u!"'"l1 within Chula VISta is ofbigb interest to the City Counc:il with sufficient c.-rage 10 zoned to insure
, _ City's ability to retain, reauit and/or apand manufacturing entities. In this regard, City staff will advise
those that inquire of the Council policy that industrial acreage considered for zone change would normally
, require similar industrial zoning off-set elsewhere in th~ City before approval. 2} Each planned community
~ have industrial acreage to insure that City services imded within the community plus 15% to off-set
ncession.
. Mayor Nader stated he would support the motion as it would bring back a policy. He suggested that the
-.tIIlIff recommendation also be approved.
CcP......'m~n Moore, as the maker of the motion, agreed to the inclusion of the staff recommendation.
1
. VOTE ON MOTION: approved unanimously.
IJ,.~
ATTACHMENT 1
A IT ACHMENT 2
DRAFT INDUSTRIAL ZONING POllCY
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. 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.
C. 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.
I~:>
!I!
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.
/~ ..~
\
COUNCIL AGENDA STATEMENT
Item I ')
Meeting Date 6/14/94
SUBMITTED BY:
Report on Proposed Focused Planning Area Criteria for the Multiple
Species Conservation Program
Director of Planning 'if! ~
City Manager 1G ? (JI (4/Sths Vote: Yes_No.lU
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:
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:
I) Coastal Sage Scrub CCSS) Alternative (84,900 acres) which was developed to meet the
minimum criteria for satisfying the State's Natural Community Conservation Program
I 7' I
Page 2, Item --.l2
Meeting Date 6/14/94
(NCCP) Conservation guidelines for CSS target species (California gnatcatcher, coastal
cactus wren, and orange-throated whiptail);
2) Multiple Habitats Alternative (147,000 acres) was developed to meet preserve design
objectives for multiple habitats and species in addition to CSS;
3) Biolo~ically Preferred Alternative (185,700 acres) includes all the core biological
resource areas and linkages, as well as all public lands supporting valuable habitat;
4) Public Lands Alternative (147,000 acres) focuses on preservation of public lands and
existing and planned open space, and linkages between these areas. This alternative was
submitted for consideration by the Alliance for Habitat Conservation, an organization
representing several major property owners within the study area.
As drafted, the criteria for delineating a fifth alternative were intended to create a focused
planning area which would achieve a balance among biological, land use, and economic
objectives. With regard to biology, the criteria provide for formation of a multiple habitat
preserve system which would provide for the recovery of core populations of federal and state
listed animal and plant species, as well as linkages between these core populations land adjacent
biological resources. In addition, the criteria were specifically directed to include sufficient
coastal sage scrub and gnatcatcher populations to meet NCCP guidelines. In addition to
biological considerations, the criteria provide for consideration of land use and economic factors.
These land use and economic factors include utilization of public and private lands that are
already conserved as habitat or for open spaces, or are otherwise constrained from development.
In addition, these criteria provide for consideration of existing general plans and community
plans, as well as avoiding lands which are needed for public infrastructure and public facilities.
On April 12, 1994, the San Diego City Council considered a proposal by Mayor Susan Golding
to adopt an alternative approach to delineation of a focused planning area for Multiple Species
Conservation Program. Under Mayor Golding's proposal (Attachment 2), specific objectives
regarding amount of habitat acreage (155,000 to 165,000 acres within the MSCP study area,)
as well as numbers of species (41 priority species and 59 total species) would be established.
The process of drawing focused planning area boundaries to meet these species goals would start
with the "Public Lands Alternative." Under the Public Lands Alternative, the emphasis is on
utilization of available public lands, as well as lands which are designated in local general and
community plans for permanent open space. To these lands, would be added habitat required
for the protection of all federal and state listed species, species proposed for listing, and
Category 1 candidate species which are considered to be likely for listing in the near future.
This approach was approved by the San Diego City Council on April 26, and 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
17.';"
Page 3, Item ~
Meeting Date 6/14/94
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 IS, 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,
17~J
Page 4, Item I 7
Meeting Date 6/14/94
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.
Response 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 IMPACT: Not applicable.
Attachments:
1.
2.
Recommended Criteria (Policy Statement) for Forming a Focused Planning Area ,,/
Mayor Golding's proposal to adopt an alternative approach to delineation of focused plann 7' ng r Multiple
Species Conservation Program
3. Endangered Habitats League letter of March 15. 1994 "C'.
4. Written Communication from Tricia Gerrodelte, Sierra Club, dated May 24:.J.~ ":f""
(f:\home\planning\fpamscp.rpt)
/7-'1
ATTACHMENT 1
~. ..... .
(
2/28/94
RECOMMENDED CR.ITERIA (POUCY STATEMENTS) FOR
FORMING A FOCUSED PLANNING AREA
tntmduetion: The following criteria are DCl)IIIIDCnded by the Jurisdiction Technical Committee
to be _ In delineating a Focused PJannln& Area for the draft USCP Plan. Once a Focused
PJanniD& Area is drawn, a specific analysis of the biological, land use and economic effects will
be prepared and included In the public review draft of the USCP Plan. Tbe Focused Planning
Area will need to achieve a balance betwecIl biolOJical, land use IIld ec:<'DOmic objectives, IIld
will not be able to meet all of the criteria equally. Tbe Focused Planning Area lines In the draft
USCP also do not DeWPtily rd1ect areas In which specific CEQA li&nific:anc:e determinations
or miti&ation JequiJements will be imposed on cIeYe10pment projects.
'......mmen~ Action: APPROVE the use of these criteria by the local jurisdictions for
cIelineaIing a Focused Planning Area.
BIOLOGY
1. Form a multi-habitat preserve system that includes and usists in the r=mry of the core
populations of federalllld state listed animalllld plant species, including by linkages
between these core populations IIld with adjacent biological resources In the region.
2. Maximize the Inclusion of species that.are candidates for listing and rare habitats to
preclude the need for future listings of species as thratened or endangered.
3. Include sufficient coastal sage scrub IIld gnatcatcher populations to meet the state's
Natural Communities Conservation Program (NCCP) guidelines IIld to eventually replace
the Interim 4dlNCCP regulations.
LAND USE AND ECONOMICS
4. Begin building the Focused P1annin& Area with public and private lands that are already
CIOIlserved as habitat or for open space purposes.
5. Include In the Focused PJannln& Area lands which are already coostraiDed by local
ngulations, such as steep slopes and floodplains. 1biJ ..,,::IV'. IIWtW'I"'.lf'Jy SO"
of private lands In the study area.
6. JDc:oJporate within the Focusecl P1annin& Area private lands that will be cIecf;....Md through
aistin& land use reaulatioDs. .
7. Tbe Focuw' planning Area should avoid, wbere ~1e, ueas with ...~ in small
or fn&mented ownerships and should .,.1..;",;_ effects on aistin& developed land uses.
.. Avoid lands which are III t'Ied for public infrutnK:tUre and public r.cmties.
1'1:>
". '.. . "
.(
Becommended FP A Criteria
February 28, 1994
Page 2
9. Select lands to minimize the _ to cbanze Jocal Qenc:ral and Community plans and
Jtedevdoptnent Plans and to minimize economic impICtS, while recozni2inI that it may
be desirable to amend land use plans to meet resource _s.
DELINEATION OF FOCUSED PLANNING AP.EA LINES
10. To provide the specificity and assurances IIF~ by the resource qencies to eventually
issue permits, draw firmer lilies arouad public lands that are already Cl)IlSClVCd or
clesiZnated for open space. A commitment to preserve 90 - 9S" of these already
conserved public lands should be feasible.
11. Include 100% of privately-owned lands that ue already dedicated for open space.
12. Provide more flexibility in the lines for:
a. public lands that ue planlled for urban or active teereation uses
b. private lands that ue planlled for urban uses, or which are planlled for low
density development in the more distant future
..
I
13. Refer to the four examples prepared (coastal sage, multi-habitat, biologically preferred
and public lands) as a bezinninz for the Focused planninZ Area delineation.
17~~
ATTACHMENT 2
(
-
SUSAN GOLDING
MAVOR
/.-
'..
April 15, 1994
Robert Leiter
Chula vista planning Department
276 Fourth Avenue #401
Chula Vista, CA 91910
Dear Robert:
The Multiple Species conservation Program alternative I proposed at
city council on Tuesday, which was unanimously adopted, will return
to council on April 26th.
I wanted to make sure you had a copy of the proposal and the
specific procedure I am recommending to create this alternative.
I believe that this is an environmentally sound approach and one
that is sensitive to the business and economic needs of the region.
The proposal will expedite the preservation of a comprehensive
system of open space and habitat in the city of San Diego and the
development of areas not determined necessary for the system.
.
The proposal recommends the preservation of all of the 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 the
General plans. Economic ramifications will also be an overlay and
together, the combination of these three elements will create the
preserve line.
I appreciate your interest and hope to keep moving in the positive
direction that was established yesterday at Council.
Sincerely,
SUSAN GOLDING
Mayor
City of San Diego
/7,7
onv ~f' 1'IIIATICIN......... - C 8'T11'DT. UN~. 0"'.
...............
JLt~"'''' ..'.. ......-0
Re{kc:..iY
DOCKET SUPPORTING INFORMATION
CITY 0'" SAN DIEGO
SUBJECT;
Multiple Species Conservation Program (MSCP) - Preserve Alternative
ACKGROUNDI (OOU_L.K ."ACEl
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 biological core areas and 50-60% of the corridors.
3. Protecting 41 priority species and 59 total speCies. .
. . .
PROCESS
#"",u .s;fAfe",,,.;f ,.;t .
1. Draw hard lines around a preserve system within the City of San Diego. w,~I<""j wif(.. (j"oIT .J t1-1Ar/1t "
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 project
plans.
5. Add the habitat required for the protection of all Federal and State listed species, species proposed for listing
and, category 1 Candidate species.
6. Provide for contiguity and configuration through the application of specific sufficiency standardl\ll It S
7 th . 1 d . .. -fflll'u( ~7 C:I-, (i"".;.,'/.
. Keep e acquired an at a minimum. "
8. Save major concentrations of species in step 5 and maximize restoration and enh~cement of habitat to
ensure the long term 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.
.VLtNE: (DErUTY CITY MGR/OEPT. HEAD/AUTHOR INITIALS)
ONRAD/SCHLESINGER/MLB
"GNAT~~ ~. 17_
--~ OI"G'~~~T.f::/;A JJ"f/~
ITV M"NAGIE"
t"'OIlt MANAGIERIAL OE,.AIIIl:TMCNTI ONLY)
ATTACHMENT 3
'-
ENDANGERED HABITATS LEAGUE
",.,.,. It... "'''''.II>...,~ ,.,. $mot.... Ol/Itr n......... ~
DIn Sllwr 0 Coordinator
1424A Slnlll Monica Blvd. fS92
.... Anples. CA 90069-4210
TEL/FAX 213065401456
MM Z' ~4
'0
,.
March 15.1994
Mayor and City Council
City of Chula Vista
P.O. Box 789
Chula Vista, CA 91910
REo: Multiple Species Conservation Program (MSCP) Focused Planning Areas
Honorable Mayor and Councilmembers:
The Endangered Habitats Leaiue is an ~on of Soutbem California conservation
lI'Oups and individuals dedicated to ecosystem protection and i.u(no..ed land use planning. We
believe that a succ:essful Multiple Species Conservation Program IS absolutely euential to the
future economic bea1th and quality of life of the San Diego region.
De1inration of Focused Plannilli Areas (FPAs) is a DeCe"Cft)' first step for plan
implementation. and we strongly urge )'OU ~ authorize the initiation of this ~ Because the
fP As will give dUection to all future plannin&. it is vital that the aiteria you let for their
development be sound. We would like to make the cue that the fPAs tbouJd be multiple habitat in
tcope and biologically-based. And they sbouJd encompass - tIS a sta"i~ pOint/or dnail~dfilt/lrr!
plaMing _ the Ocore biological reso\II'CIC areas and constrained linkages- identified by the MSCP
lCientific consultants as a result of their two years of study.
In the MSCP Worldna Draft, the core bioloJica1 resource areas are ddinecI as "areas
IUJ')lCring a hiJh concentration of sensitive biological resources which, iflost or frqmented.
could not be mitigated elsewhere. Core areas should be the basis for clesigninJ the preserve
system boundaries as part of the subara planning j>iOCe5S. i.e., unfraamented ~ resource areas
should be included within the final preserve boundaries.-
I
1bae are IeYCI'I1 adYaDtIpS to you in esIIblisbiJla the clear policy that the Focused
PJanniD& AreaJ should be based on the core bioIo&icI1 resource areas aJreIdy iderlrifi~:
_ Only this ......-d1 deals with the aientlfic.uties ofbabi1at and "'-;es
conservation - beyond 00--1 lIP cub - which face us.
Only. bioIo&ica1l~ ..-~ desilll :ve the wildlife aaencies the
usurances they IIIled to iaue permits for lilted and as yet un1i_lIpeCies.
0bW"""I tbeIe permits is, ofcoune.. frA--1al pi ofmultip1e ~
,..,."il\l.
Only by iDc:1udina the core b!oJoJica1 resource areas within the FacusecI Planning
Areas can you lee 111 your olanninI oplions c:learlf. and thus make the most cost-
eJfectivt decisions for the tmal raerve I)'IIeDI duriD& the IUbarea p1lnDin& stage.
.
-
1?~9
.
.
(
The best land use and economic decisions will be made usina the core biological
areas as the starting point.
. We anticipate that indirect benefits of this ..,pI oach will include a more satisf'actory
open space system for the public. with the best recreational trail system. the most
tceIlic vistas, and the peatest quality of ure benefit.
We strongly tqe you to Idopt Focused Plannina Area criteria wltidl win IID4 10 rapid
muhs in temlS of a plan ~Ie to the wildlife lIencies and in terms or obtaining the permits
for declining species which Will avoid future economic disruption. Such ailaia i~ the
best biological science.
Thank you for considerina our views.
With best regards.
~-~~
Dan Silver.
Coordinator
17'/d
.
ATTACHMENT 4
ENDANGERED H"
Delica/'" ,. II.. ,,",,<<I... of eo..."
. TS LEAGUE
..b",", 01"" T/r",/m'" Ecorys/""s
Dan Silver. Coordinator
. 8424A Santa Monica Blvd. 41592
LosAngeJes, CA 90069-4210
TEL/FAX 213.654.14~6
Testimony on Focused Planning Area Criteria for the MSCP
F\~o..it-em V-\Ib ^'t,,-~ :l.l.f,. '~9Lf ~iexro.... C1t.JJ a..ddd-;or\.oJ
. Ap I 11, 1 P 4 ,,~'" .k L _ \
- UlbllMe.f\;lu on V~
Honorable Ml:nllJ<:r) of the Policy Committee:
The Endangered Habitats League is an organization of Southern California conservation
groups 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 habitat scope is necessary
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 all seek. Dependable financing
mechanisms which will achieve reserve goals should be set in place at the start, and if phasing of
the plan is necessary, this should be done on a geographic rather than habitat-by-habitat basis.
The core biolo~ical resource areas are the best FPA
. The "C9re biological resource areas and constrained linkages" - as identified by the MSCP
scientists after years of study - should be designated as the focused planning area. This is for two
reasons. First, only a reserve based upon the on-the-ground !>iological realities will result in the
pre-Iisting assurances from the wildlife agencies which we all seek. Secondly, only a "build
downw approach which starts with the full range of conservation options, and gets reduced in size
over 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.
P1anninK flexibility should be maximized
An FPA based upon the cOre biological resource areas will retain maximum planning
flexibility for decision-makers over time. Having all these options available will also ensure that
the most cost-effective land use decisions can be made. Another advantage of having a broad FPA
is that mechanisms for properties to exit an FPA are much easier to adopt than are means to add
new lands into the planning area at a later date. The later type of uncertainty for property owners
should be avoided if all possible.
1
17-//
...
Set biological standards first, then apply economic and land use factors
Land use and economic factors must, of course, be fuBy integrated into final reserve
. design. The place for this integration is at the local, subarea planning level, where it is appropriate
to consider specific sites and specific projects. First, however, it is necessary 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"imally 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
preservation within the FPA will then allow the final reserve to be "built down" during subarea
planning. Only this approach is consistent with die NCCP Conservation 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 not 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.
Thank you for considering our views.
Pk~ ~1fL~ 60U/\ hut w~ to i::ht. p~ 1I'10.0...t ~
tM~, ~L 1f1~ ~ 1ht.. ~ Ioi..eio~ AL4~
{lJ\jU;lA, lYW.A:.t b~ tht.. b~ ~ -the. FPAA.. P.{ ~ Q/u.. V\et) t\u. pet1~
~s:'- Mt\.-'^f>P~ b~ lLSF<t WS ~ b.LStoi~ {~ ~ ~d~ tD UA .
~ .Ll,~ t.,.e. 0.:. ~ wa.-m ~-t:rrru. a.nd l'l\OlV./6 lU\.d W'O'.Q.d k (;L.(\.
~ ~ A~-~ ~ ~ tc~~ p~r\d'
2 - .' r ,~
I /U..C.A..O... G-..tA.,.,p00LU-U
/ 7~ /,2.. AU/V\.CL Ci.Mb Lucd lW:-
COUNCIL AGENDA STATEMENT
Item l'i
Meeting Date 6/14/94
ITEM TITLE:
Public Hearing
Consideration of the adoption
of the City of Chula Vista
Budget for FY 1994-95
Resolution \"\ S;t~
Approving Adoption of the final
budget of the City of Chula
Vista for the fiscal year
beginning July 1, 1994 and
ending June 30, 1995
Budget Manage~
Ci ty Manage&-
(4/5ths Vote: Yes_Noll)
SUBMITTED BY:
REVIEWED BY:
The City Council has held three work sessions to consider and
discuss the proposed FY 1994-95 budget, plus a meeting to be held
on June 13, 1994. This Public hearing is designed to receive
additional citizen input and to adopt the proposed FY 1994-95
budget.
RECOMMENDATION:
That Council accept public testimony and adopt the proposed budget
as amended during the review sessions and as may be further amended
as a result of the public hearing.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The proposed Fiscal Year 1994-95 budget includes the Manager's
recommended spending level, as well as adjustments proposed by
Council during the budget workshops.
The City Manager's recommended general fund budget was $55,122,032.
During the Council budget workshops the following Departments were
tentatively approved:
DEPARTMENT BUDGETS TENTATIVELY APPROVED BY COUNCIL
City Attorney
City Clerk
Administration
Finance
Police
Library
Building & Housing
Insurance
CIP
Public Works
Community Promotions
Parks & Recreation
Management and Information Systems
Nature Center (BCT)
li--I
Page 2 , Item /8'
Meeting Date 6/14/94
Department Not Tentative1v Approved
Board's and Commissions
Community Development
Debt Service
Council
Personnel
Non-Departmental
Fire
Planning
Open Space
General Fund Clean-up Items
During the process of preparing the
administrative errors were discovered and
corrected in the final budget adoption.
budget the following
are recommended to be
GENERAL FUND EXPENDITURE ADJUSTMENTS
Department
Adiustment Item
1512
PARKS & REC
$
o Correction for Park Ranger
Supervisor listed as
eliminated position when
should have been listed as
frozen. Transfer ($39,920)
from 5101 to 5556.
1511
PARKS & REC
$ 9,858 To budget Graphic Artist in
Dept with increased
reimbursement from Trust
funds.
1520
PARKS & REC
$
o Correction of FTE position
count to 1.25 Seasonal
Gardeners.
1431
PUBLIC WORKS
$
100 Addition to account 5304 for
MOU required safety shoes.
1471
PUBLIC WORKS
$
100 Addition to account 5304 for
MOU required safety shoes.
Sub-Total
$ 10,058
/i - 'J-
Page 3 , Item I g-
Meeting Date 6/14/94
COUNCIL ACTION
General Fund
POLICE
SUBSEOUENT TO PROPOSED BUDGET
$ 31,407
Reduce frozen
Communication Operator
from 12 months to 4
months
Sub-Total
$ 31,407
GENERAL FUND REVENUE ADJUSTMENTS
Since the development of the revenue projections, staff has
become aware of some additional funds which will be available to
support general fund expenditures.
In reevaluating the general fund support of the Nature
Center, a correction of the current year general fund
support amount must be implemented to avoid adding the
fiscal year with a negative balance. As result of this
corrective action the amount needed to support FY 94-95 must
be adjusted also. The $124,962 figure represents the
revised transfer for both the Nature Center and the
Bookstore.
The Sewer fund reimbursement for staff time spent on sewer
related activities is calculated based on actual
expenditures and transferred at the end of each fiscal year.
In determining this actual calculation staff was able to
identify additional appropriate staff time which had not
been included in the projection in the budget document.
This additional staff time is for Public Works Sewer crew
supervisors for an increase in the reimbursement of
$165,790.
As a result of the C02 and the Greenfleets grants we will be
receiving additional staff reimbursement funds not
anticipated in the original revenue figures. The total of
$16,474 will be received as a result of the public review
ordinance for the development and implementation of the C02
local action plan, and $14,573 will be received for staff
work on the Greenfleets local action plan.
The Alarm fee revenue is the result of Council approval of
Supplemental Budget Report #15, while the Trust Fund
increases represent no net change to the budget just a more
appropriate positioning of expenditures.
(<{-3
Transfers to General Fund
Nature Center/BCT
Bookstore
($124,962)
Sewer
($165,790)
Alarm Fee
($ 45,000)
Environmental
Resources
($ 31,047)
P & R Trust Fund
($ 9,858)
Sub-Total
($376,657)
Page 4 , Item Ii
Meeting Date 6/14/94
Corrected general fund
transfer to BCT
Additional revenue to
general fund for agency
portion of special events
Increase of Police Alarm
Fee
Grant reimbursement for
staff services
Increased Trust Fund
reimbursement for Graphic
Artist
Credit to the General
Fund
SUMMARY OF ADJUSTMENTS
General Fund
Expenditure Adjustments
Council Adjustments
Revenue Adjustments
SUB-TOTAL
WISH LIST
$ 10,058
$ 31,407
1$376.657)
($335,192)
From the above listed new revenue compared to the recommended
expenditure changes as of June 3 1994 there is $335,192 available
to fund wish list items. Those items which have been added to
the wish list prior to the Council Workshop scheduled for June 13
are as follows:
PARKS & REC
$ 20,200
INSURANCE
$ 341,840
r~-Y
Funding for Community
Pride Fair and Cultural
Arts Festival
Implement recommended
level of funding for
Worker's Comp
Page 5 , Item / Ii'
Meeting Date 6/14/94
PARKS & REC
$ 0
Transfer of contract
employees to City
Employees in Classified
Service. Cost of $196,600
offset by equal increase
in revenue.
CLERK
$ 6,744
Part-time hourly
assistance for records
management implementation
program. 1
LIBRARY
$ 38,320
Expand hour for Sunday
and Saturday at South
Chula Vista Library
Total
$ 407,104
FY 93-94 Fund Balance Clean-up
An analysis of the City Financial Statements indicate that there
are five funds that require Council action due to unrealization
of revenues and various other circumstances for the fiscal year
1993-94. None of these issues have a direct impact on the fund
balance of the General Fund, but are recommended in order to
continue generally accepted accounting procedures as recommended
by our independent auditors.
1) John Hancock Health Fund No. 431
The John Hancock Health Fund, the City's former Health
Insurance carrier, has carried a cash deficit for a number
of years due to benefits that were paid for various
employees on behalf of the City.
The John Hancock Health Fund was established in 1988 to
track expenditures for employee health benefits. The plan
was canceled in February 1992 and replaced with Health Net.
The John Hancock plan was a partially self-insured
arrangement with the City collecting premiums from
employees. John Hancock charged a fee to process the claims
and provided stop-loss coverage for certain very large
claims.
1 Staff is still in the process of evaluating the RFP's, but
is confident that we can identify funds for this hourly position.
tf-S
Page 6 ,Item /~
Meeting Date 6/14/94
Over the two and a half year period the plan was in effect,
a deficit of $256,124 accumulated because more claims were
paid than premiums collected. Staff attempted to collect on
one large claim of approximately $76,000, but was
unsuccessful as the other insurer involved refused to accept
financial responsibility. The final payments were made on
this account in June of 1993. The account has shown no
activity during the current year.
It is therefore recommended, that a transfer of $256,124 be
made from the General Fund unallocated reserves to close out
this Trust Fund. If the City does receive any reimbursement
in the future, the funds will be considered as revenue to
the General Fund.
The 1992-93 Financial Audit reserved this amount within the
General Fund and this clean-up action has no net change on
the General Fund.
2) Special Sewer Fund No. 221
The Special Sewer Fund (221) has a deficit of about $80,000
is due to under-realization of revenue and the completion of
the various projects within that fund. A cash transfer is
required to correct this deficit and it is recommended that
this amount come from the Sewer Service Revenue Fund No.
225.
It is recommended that a cash transfer be made from Fund 225
to Fund 221 to cover this deficit.
3) General Fund Loans
a) Residential Construction Trust Fund No. 610
Due to under-realization of revenues for the current
Fiscal Year 1993-94, it estimated that the Residential
Construction Trust Fund will have a negative balance of
approximately $300,000 for the current year. Funds
will be received in the next one to two years to cover
this deficit. It is recommended that a loan, from the
General Fund unbudgeted reserves to Fund 610, cover the
outstanding balance. This loan will be repaid as funds
are made available due to the realization of future
revenues.
b) Park Land Acquisition Development Fund No. 420
In addition to the RCT Fund mentioned above, the PAD
Funds are in a deficit position for this Fiscal Year
with an estimate negative of $495,000. PAD Fees will
li..ft:,
Page 7 ,Item I~
Meeting Date 6/14/94
be received over the next one to two years to cover
this deficit. This will also be considered a loan from
the General Fund. Proceeds from the revenues will be
used to pay back the General Fund over the next two
years.
c) Bayfront Conservancy Fund (415) and Bookstore (416)
Due to unrealized revenue in the current Fiscal Year
1993-94, the BCT will be end the year with a deficit of
$161,262 and the BCT Bookstore will also have a deficit
of $23,791. These amounts will appear as negative cash
as of June 30, 1994 and require Council approval for a
loan. The overages in these two areas pertain to
projected attendance and the unrealized revenues from
the reduced attendance and the total is $185,053.
As part of the operating cost, the Redevelopment Agency
shares part of these costs with the General Fund.
Based on the submitted budget, the Redevelopment Agency
is already picking up their percentage share of the
positions allowed in the budget. This deficit is
therefore totally a General Fund obligation. It is
recommended that $185,053 be loaned from the General
Fund.
One year loans from the General Fund to other funds do not reduce
available resources of the General Fund. BCT would be considered
long term and therefore would reduce General Fund available
resources which is partially offset by a reduction of General
Fund support in the 1994-95 budget. The other two funds are
presently considered one year loans and would be reevaluated in
1994-95.
It is requested the City Council authorize the Finance Department
to implement cash transfers for the Hancock Fund, Special Sewer
Fund and loans for the RCT, BCT and PAD Funds as defined above.
Transfers
John Hancock $ 256,124
Special Sewer $ 80.000
sub-total $ 336,124
Loans
RCT $ 300,000
P~ $ 495,000
BCT $ 185.053
sub-total $ 980,053
Total $1,316,209.
It.7
Page 8 ,Item It
Meeting Date 6/14/94
What Might Have Been Budget
During the budget overview a transparency was presented titled
the "What might have been budget". The amount of $2,226,000 in
revenue was listed which is the City's continuing revenue loss on
a annual basis due to State take-aways. If the State had not
taken these funds, we could be adopting a much different budget
which may include more Police Officers, Fire Fighters and
reinstatement of some frozen positions. This chart is included
as Exhibit D for your information.
Exhibits:
Attached are the following exhibits:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Operating Budget, Special Revenue, and Capital Detail
Financing Sources and Uses
General Fund Summary
What Might Have Been Budget
FISCAL IMPACT:
The proposed all funds budget, including debt service was
$88,657,092, plus adjustments requested of $41,465 creates a
revised all funds budget of $88,698,557. This amount includes a
revised general fund operating budget of $55,163,497.
budadopt.f95
If,!
..:
I-
~
co
~
::r:
><
LU
,
,
,
,
,
,
,
,
,
,
""'
E-<
!3
@
0:1
c:l
~
~
J..:i
~
o
,
,
,
,
,
,
,
,
~ 8
~~~
i=l.,J-;:2
u~~
~~~
8
~~~
~O-~
v~~
::;E ~
~
"""
0-
~
,
00
o
~
~
~
!3
~
~
~
t-
o
""".
~
<">
~
o 00
0'"
N 00
~o{
~
OOOOOOOOOOOOOt-OONOOO
-~M~~-~O~-~~-M_MM~~
~N~~~-~N-~~~~~O~~NO
~~O~~~~~~~~~M~O~~N-
O~N~~O~~O~~~~~V~OON~
M~~~N~~OO~~~~_~q~~q~
~ W~_~~___~~~~__~M
&':t ~vt~ .-~~-Eflvt
~ ~
OOOOOOOOOOOOOOOONOO
-~M~~-~O~-~~-M-MMO~
~N~~V-~N-~~~~-O~~vo
~~O~~~~~~~~~~MO~~M_
O~N~~O~OOO~~~v-voooo-~
M~~~N~~OO~~~~-~q~~q~
w ~~-~~---~~~~--~M
vt 6A-WGA- _vtvt_Y7EA
~ ~
("""IVI-O",,"
-V')\C)OON
NNN",,"'"
00000
~~~~~~~ ~
VI_aOOONooa_oo______
O_MV')\O__V')~NNOM--OO--
_____NNNNV\O~~ONMVV')~
0000000000000------
I I I I I I I I I I I I I I I I I I I
0000000000000000000
0000000000000000000
-------------------
~
~
E-<
~
E-<
""'~ ~~~
8~ ""' J..:ittl~c:l
Cilo 8 ""'E-<O,/,: :;;J
""'::;E f:: 05~>::l E-<
~0>_iil8~...l~~ 1ii
e~~~~~~~~~ J..:i~
5~~~~~~~~~~~~
~~;~~~~O~~~~~t:3
b~8bb~~~8~s;~~~
-
I
~
Q
E-<
8
u
~
...l
~
o
u
00 ~
N """
- -
00
~~
o
t-
-
o
I r''j
c:l 8
~ ~
""' ~
g J..:i
~~e
~og;j
~~~>-
u""'~
~~~~~
OOO-t'--O
OV)..q-t'--t'--OO
_NMVVlt'--
------
~~~~~~
EXHIBIT A
'"
'"
""".
-
"""
~
t-
o-
"""
<">
'"
-
'"
'"
~
N
<">
o
N'
N
-
",'
'"
~
""'
E-<
!3
@
0:1
c:l
~
~
~
o
,
~
~
~
:;;J
E-<
o
E-<
,
,
,
,
,
,
,
,
,
I
gj
~
U
~
~
CIl
,
,
,
,
,
,
,
,
~ ~
~:5:~
d;i~
Uo,o
S-~
o ~
U ~
~
~~~
~o,~
v~~
:::E ~
~
(3
~
....
....
o
....
00000000
O\OOO\M\O\OI:"'--
V"lO......04~V"lO\MOO
O"O"lr)"C'l"("f')"t--"M~
t"---\ONO\-M\OV"l
C".l~V"lNC'lNOO\
~ oO'<AVt~C"fo
.... ....-
....
00000000
0'\00 O\M \0\0 r:-
IJ') O-NV'l 0'\("1') 00
O"O"V')" N"M" r:-"("i")"..q-"
r:-\.ONO\-M\OV')
<'1....0f") <'1 <'1 <'100,
Vt 00" Vt Vt fA. C"..f 0"
.... ....-
....
~
~
~
CIl U
~ h~nt~
~ ~~~~i~~~
~ ~ugJ(jE-<E-<"~~
~ ~~~~~~~~
A UCIlCll~E-<~vA
E-< <'1
S ~~
o <'1<'1
~ gg
~
~
U
.,. 80
000
Of")_oo
<'1",0,
::::J~ 88
Of") t-
o.,.
'" Of")
':"'''6''
_OOOOOMOV')O
0'1 C"lV"lQV")\oO ovV')
-NNMMMV"lMl.()-
~~~~~~~6"6""'f
o\Ol.f"lOl/)\oOOMl/)
_NNMMMV')OV......
NNNNC'lNNMV'lV
,-..
t-
o
'0
0"
<'1
....
'-"
'"
00
-
.,."
Of")
-
-
....
OOOOOOO\.OOMOO
MCOMN-VMNOOOV'lO
O......C'lNNvO'\MM-\DM
a; r----" M" N -.::t 00 ['." .-" v" -.::t" 0\" l/')"
00\.0 OV"l-r:-O'INOOtrlMN
vVtViVtVtM......O\M-Vt.......
Vt...... VtEAVt......"......" Vt
.... ........
OOOOOOOMO
MOOMC'"'l-VMMO
O-NNNVO\O\M
0\" r:-" ('f')" N" '<::t" exi' r-" _n -.::t
OO\OOV"l-t"--O\voo
vVtlr'lEAEAM-O'\M
f;f7 _ VtVtVt_"
.... ....
00
Of") 0
'0 '"
o\'trl
'" M
.... -
....
'"" I;; ~
~ ~E-<~ ~~~
~ ~eJga~~~ E-<~~
E-< gCllAZAP3 ~AA
gj~~~eJ~~~~(3u1@1@
~~gaHCIl H;>::'.l~E-<E-<
~~A~~~~Cl~~dd
E-<CIl~f::~"<;E-< (jE-<UU
~~~ffi~El1:3~~~~~
~oB:JU~~~~ :Euu
o:i Zo:ipCll E:i'""'""
<d:;~~~~~offig~~
Zo:iOE-<o:i~E-<UU~~~
00
0-
_ Of")
00 00
gg
* *
0000000000-
\O_t.nOl./)__OV"l_O
_lr')I:""-OOOONtnOOOtrl
VV)l.()V"llr)\O\Or:-r:-oooo
I I I I I I I I I I I
\O_V"lOV"l__OV"'lOO
_V"lt"--OOOONl./)OOOVl
Vl/')V'lV')V')\O\Or:-r:-oooo
o
00
'0
Of")
0,
-
<'1
'0
g
g
If-/D
'0
t-
v:.
'"
'"
-
-
....
0,
0,
'"
0\
-
00
00"
<'1
....
'"
<'1
00
Of")
00
'0
t-"
<'1
....
CIl
E-<
(3
~ ~
8 ~
o:i
~ ~
~ 9
~ '
~ CIl
~ ~
~ ~
~ g
o E-<
~ ~
~ (j
-
.,.
o
Of")"
t-
-
-
....
'0
0,
00
<'1"
00
0,
'"
00
....
CIl
~
CIl
o
~
~
~
~
~
CIl
'""
A
~
o
~
gj
gj
~
@
CIl
on
Of")
00
t-:
o
00
<'1"
00
....
~
~
~
~
o
~
~
~
~
Po.
~
E-<
S
o
~
*
~
~
~
~
,
,
,
,
,
,
,
,
,
,
tIl
E-<
t3
@
a:l
~
E-<
~
U
,
,
,
,
,
,
,
,
~ ~
~ ~d;;
i::l~~
u"'~
5~~
o ~
U ~
~
U E-<
~on<
P::~::;l
~"'~
'-'~~
:::E ~
~
><
E-<
~
E-<
~
--
I
~
Q
E-<
5
o
u
~
...l
~
E-<
Z
o
U
,....,
o
o
o.
M
N
~
'-'
,....,,....,
00
00
NO
",. O.
on '"
~'<t
'-' ~
'-'
~ooo~~oooooooooo~o~
~OOO~MOMOOOOOOOO~~~
~OO~~MO~~~O~O~O~ooO~
~OOO~MN~~~~~~~O~~~O
~OO-~O~~O-~~OMOOO~~~
-M-~ ~~-~~~-~~__~ 00
~~~ ~ ~~ ~~~~~~ ~
~
"'oooNonoOOOOOOOOO~O~
~OOO~MOMOOOOOOOO~~~
~OO~~MOOO-~OOO~O~ooOO
~OOO~~M~~M~~~~O~~~O
~OO-~N~~O-OO~~MOOO~~~
-M-~ ~~-~~~NM~__N 00
~~~ ~ ~~ ~~~~~~ ~
~ ~
< ~
~ ~ ~ Q
~ E ~~~ ~ ~ ~ p
~ ~~~~~~~~ ~~~~ ~!
~~tIl~~~~~~P::U 88~Q 8~
~~~~~~~~~~~tIl~~~~S~;
~~~Q~~~~~~~~~~~~><~~
~~~~~~ffi~~~~<~~~~~~g
Utll(jtll~~(j~~tIlE-<~E-<E-<E-<U~~8
NO_~_O_M~~OOOOOOOOOO
~~O~OMOOOOONM-OON~~-
_N~NM~OOOOOOONNOOO~
~~~~~~~~~~~~~!~~~~~
~~~~~~~~~~ggg~~~~~~
15'-11
~
o
'"
ci
N
~
00
;
M
on
'"
~
'<t
'"
'"
N.
-
o
..0
~
o
'"
00
on.
'"
'"
",.
00
~
~
on
on
~
M
on
",.
~
N
-
'<t
N
'<t
M
",.
00
~
tIl
E-<
t3
@
a:l
~
E-<
~
U
,
~
E-<
o
E-<
~
~
(j
~
E-<
~tIl
~~
O(j
~@
E-<a:l
~~
~~
(jU
~
~
..
~
..
w
..
=>
..
..
w
a
to
Z
'"
~
-
~
c
....
..
;:
c
~
i
'"
~
o
..
....
u
....
~~
it Ql: (:II (:II (:J <:II <::r
CiS tJf ~ ~ :! :!: ~
w .....................
!:l::i::i::i::i::i ::i
~m~~~n;
w
~
..
it
.... ........
~ ~ ~
.... ill.... ill ill
~~~~~
ill ~ ill ~ ~
G!~~::
n .... ~ .... CII: CIlI:
U ::i ::: ::i ::i ::i
" l!' ::i w ... ...
11 l5....!i::;:i
....
~
Q............. ....
iI ~ ~ ~ ~
ill ill ill ill
!
..
~
Ii
. =>
~ ~
II '"
" C
~ Ii
w =>
.. ~
!
~
..
~~lli~
w .. w
en ~ _ ~ '" ffi
.. !:l - .. ....
~wmi~
en en 0 <:II
~ .... . a:: !!
~ ll: !Ii I!i l:l
!! cn w .... c
it: c cn en Q.
i ~
ill
..
w..
.. !
z ~ ~ ~
.... ~ ~
~iarj
o
....
~ ! ~ ..
~i:;=
=: i ~ ~ ...J
en Z 0:: C ...
m ... .... i ~
i= tz IlIlI ~....
ewc_ w
'" "oK ...I !Z u
.. w >t
ell: -' ~ f a:
l:l !l: ~ _
.: w to 5 II-
~ !!i it w '"
....
..
II! i'li
w ..
I ~
.... ~! z
~ to ~ l!i
ill ~ ~ ~ ~
~ g ~ 0
:i m I&. !i
Ow
w w z
~ ~ ~ ~
w ~ :z: w
IIlI: a: en CII:
t
z
w
a ~
..
... ....
..
51
i!l ~
.. !Ii
~ w
.. '"
:i ~
"'''''''''''''''''''S!!i!i!i!i!i!i!i!i
~~~~~~~~G!~i2~i2~G!i
....-J..........".......I...1...1.......I....-t...l...l....
~~~~~~::i~::i~::i~~::i~::i
~~~~~~~~!Ii!~~!Ji!~!Ii!~~
~~~~~~~~~~~llllll~llllll
....
i
8~glH!8~8g~~~lH;gg
o' ",' 8' ~. .; o' o' ..: o' o' ..' ",' o' .; "" 8'
IlOI1\ ....011\11\11\_...""000....
........... .... 0:..... 11\ U'\ 0..
N _
~
~ II
W II
.. II
If:~I~
... !
.. ~
w
..
w....
.. ~
~ ~
.. ..
~ ~
!i !i
~ ~
~ ~
~ ::i
w w
.. z
III III
8..
... '"
! !
~ ll:
~ i!l
- '"
>
.. ....
ll: i!l
..
.... ~
... ..
w C
'" ...
~
'"
o
o
..:
g~
o co
0" No,
0...
~~
13
~.
...
",'
~
to
Z
....
::i
w
l!i
'"
..
=>
~
....
'"
c
~
w
..
i
..
'"
....
~
c
w
'"
'"
..
=>
~
~
c
..
w
z
W
to
~
o
o
o
~
~
N
....
~
~
....
~
ill ~
ri ~
w
s:
w co
l!i ~
~
'"
..
....
~
'"
~
~
::i
....
'"
z
=>
~
..
....
w
~
ill
w w
.. ..
.. ..
i3 i3
'" '"
~ ~
~ ~
88
!:l
~
~
c
..
....
'"
z
=>
~
~
~
w
z
W
to
....
i
w
lil
..
..
....
'" ..
z w
=> ..
~ w
....
~ z
::i
; ~
~
'"
'"
-
~
go
o I:!
0""""
'" '"
'" ~
~
...
EXHIBIT B
....
~
...
iI
~
~
w
..
..
!
..
~
..
w
'"
;:
..
w
..
..
!
~
~
~
'"
z
=>
~
~
::i
w
z
W
to
;;
I:!
....
'"
~
~
o
o
o
8
N
~
'"
'"
=
w
..
.... ~
~ ~ ..
....
~ .. '"
~ z
w 8 '"
.. .... .... .. .. .. '" .... .... ....
~ w iil ! ~ .. .. .. :: ~ ~ ~
'" u .... .... w w w '" w
~ is ~ w z ~ z .. .. .. u
u W '" '" '" u w iil iil iil ~
:; w w w .. u
~ w .. i .. .. .. !i .... is ~
.. iil '" '" '" '" '" '" :li
, w z z 8 88 ~ 8 z z z
~ .. .. w w w ;:
'" w '" .... .... '" .. .... .... w
c u '" ~ ~ ~ ~ ~ u
'" !Il ! ............ ~ ~ .... ::>
:!! ~ w w ~ln! .. w w w ..
.. ~ w @; @; w @; @; @; w
~ ~ .. ~ .. '"
..
w
..
::> " ..
.. " .. !i!
II .. ~ ::>
.. II .. ~
w n w z ~
u ~ ~ = ::> ....
~ ..; ~ ~ z z
!i! w .... ~ i w
~ .. .. i .. u Ii! w .... z
::> z w !i w .. .... .. w
~ ::> ~ ~ ~ .. .. c c ::> u
'" ~ ~ ~ w ~ .. '" .. '" ~ c
z .. .... w '" = = .. z .... ~
u '" w w '" '" .. w ..
~ ~ !!l u ~ w ! '" ~ .; .... w
~ :; z .... u '" '" z w z '"
:!! N ~ ll! .... w w ;;; .. :! w
'" .... ~ .... .... '" :E ....
~ III w .. .... z z '" e ~ ~ z
~ .. !i .. '" i! ~ w w :: .. w
u z ~ u u '" u ~ i!:
c .... '" ~ :E ;;; '" w !il:
.... ~ III !li l!! ~ w ~ ~ ~ '" ~ ~
.. ~ ~ :1 ~ z U g ~ .. w
:; ~ III .... w ~ z
.. .. .. .. '" .... .... .... ::> w
5
51 ....
..
u .. .. .. N I;l :E
.. .. .. .. w
~ '" '" '" '" '" '" ..
.. N W
N .. .. !i! .. .. '"
.. z !i z z
.... .. ::> ::> ::> ::> ..
U .. !i ~ ~ ~ ~ ~
.... ....
.. .. .. ~ .. .. w w w w w .. .. .. .. ..
!i !i !i z z u u u u u w z z z z
~ ::> ::> :; :; :; :; is '" ::> ::> ::> ::>
n ~ ~ ~ ~ ~ w ~ ~ ~ ~
w '" '" '" '" .... ~
~ ~ ~ .. ~ ~ w III III w w ~ ~ ~ ~
~ ~ ~ '" ~ ~ .. .. .. c c ~ ~
'" '"
w w ll! !Il w w .... .... .... .... .... .. w w w w
z z z z .. .. .. .. .. ~ z z z z
III III III III w III w w w w w w w III III
'" .. .. .. .. .. '" '"
~ ~ ~ ;;; S g S ~ ~ ~
.. 8. l:l .. 8 .. .. .. ~ !!l .. .. .. 8
8 I;l '" .. .. .. .. !:! l'! ~ ..
.... "'. '" .. .. N .. .. N - ~ ..
z '!i ~. .: ..' N ..' ..... ",' ..' ~ ..... ..'
i .. .. N '" ~ ;;;
.. ~ - '" '" '" .. ~ .. '" - - ..
~ ~ - ~ ~ ~ .. N ~ ~ on
N' ~ ~
~ ~
~ '" .... .. '" ~ - ~ :2 ;! on :!i- t: ~
w - -
'"
If.../,3
~
~
...
~
en
w
en
=>
..
en
w
a
'"
:IE
c::;
:IE
C
:IE
~
c
-
en
;:
:5
=>
z
u
~
o
...
-
u
w
~
..
~
II _
II :IE
II W
II 15
= en
..
i
:IE
u:;
..
'"
:IE _
:IE
ow
~ i!
ii jf
W
w"
u
~ ~
!
..
~
en
...
en
w
::l i!
z
- ...
::;~
~ ~
~ 0
~~
~ ~
~ ~
Q Q
~ n
'"
N
N
o
!
! ~
~ ~
w
~ en
:i ..
ffi !
'" en
a;-c;
N'"
g- ill';'
'" ~
= ~
II
II
II
~ II
W II
.. .
:IE :IE
<!i <!i
~ ~
- -
~~
i i
- -
u u
co co
-
u
W
~
o
..
...
o
!! ::!
~ ..
-
~ i!
:i ..
W ~
:IE ...
III ::i
... ...
u U
:IE :IE
;:: ~
.. ..
::: :::
~ ~
- -
~ ~
~ ~
55
~
,;
o
'"
~
~~
N'
tQ2
l!:
'"
'"
'"
~'
o
N
en
o
~
~
~
~
~
c
1::!
-
~
~
~
~ en
o
'"
'"
..
...
~
:IE
W
..
...
~ ~
~ _ ~ :! :IE
~fg~~
I- ~ ~ ~ ~
~
~
-
~ :IE
o !li!
~ =:
c ...
z W
'" ..
-
u
W
~
:il
...
u
-
..
-
i!
..
~
...
::i
...
I- .... I- U
U U u :z
w w w w
~222~
~ Q. Q. Q. ....
:IE
uuuuw
ssss~
i! i! i! i! uJ
0: QC Ql: Ql:: >
1.1. 1.1. u...... W
)- ~ )- >- Q
:i :i :i = ~
o
III
o
!
~
o 0
t;~~
:IE
::: Q Q
..!! !!
W ~ ~
'"
~ ~ ~
;: ;:
-.. ..
~ ~ ~
~ - -
~ m f5
co 0 0
00
:IE :IE
=> =>
~ ~
~ ~
:i :i
W W
:IE :IE
llllll
W
U
;:
..
W
'"
-
co
W
o
o
co
'"
;!
,.;
:;:;:;:;0:;
Je2~gg
.... N....... '" 0"
o It\ ~ 0,
~~...._o
~
N
14~/'I
...
~
~ ~
_ Z
f~Q.
U co i
I- ~ ~
l:! ...
... '"
..... ~ -
~ ! ~
m tt; ~
u .. u
!~~
:::
~ ~
00 W
.. .. '"
... ... c
z
= = Q.
'"
.. .. :IE
~ ~ ~
:IE :IE ..
~ ~ f
~ ~ r;
- --
g~fg
"'''''''
o e 0
! 5 !
~ ~ ~
W W W
U U U
;:;: ;:
.... ..
W W W
en '" '"
- --
co co co
W W W
000
~
'"
'"
'"
0'
;;;
~
i~~
E~S
N
N
-
-
8
N
;eO
"',
~
!:l
EXHI BIT D
WHAT MIGHT HAVE BEEN BUDGET
REVENUE LOSS
Booking Fees
Property Tax
Property Tax
Property Tax
$ 320,000
$ 970,000
$ 540,000
.$ 396,000
TOTAL $2,226,000
*
Add 10 Police Officers ($800,000)
Open South Chula Vista Library 64 hours/week ($242,670)
Add Inflation and Restore Previous Cuts to Library Materials Budget ($112,830)
Ladder Truck Staffing Full-time ($283,044)
Positions to be Unfrozen
*
*
*
*
*
Gardener I ($31,600)
Park Ranger Supervisor ($34,000)
Seasonal Gardeners ($22,700)
2 Gardeners for Chula Vista Community Park ($72,700)
Not Reduce Equipment Replacement Fund ($500,000)
Full Time Cultural Arts Coordinator ($16,850)
Fire Prevention Inspector ($48,411)
Fourth Person Staffing at Fire Station #5 ($25,069)
Restore Parks Cuts in Water and Landscape Supplies ($38,000)
*
*
*
*
*
I f ../C-
EXHIBIT C
!l :e
N
ri .
M N
.. M
N co
o .
It)
<II-
o
ri
o
.
0\
N
It)
.
ri
~
o,j' N
0\ 0\
N O'l
. .
o 0
III ri
M ri
. .
ri I'
~ <II-
o,j'
~
~
~
I' I'
o 0\
III o,j'
. .
N M
~ ~
. .
It) III
III III
<II- ~
III
'l'
o,j'
0\
~
It) 0000~oMooo~~8coOO ri
~ ~8g808l!l8g~ooo~88 g
~ ~o~~o~oo~o~ooo~~8' ~
co riCO Oo,j'OllllllriMIllOOCOri 0
I' o,j' N o,j'O'lri o,j'llllll 0
.... ... ... ...
0\ N ri I'
o,j'
<II-
-----
OOO,j'OO
OI'NOO
oCOo,j'oo
O"'Ntn"'ON
OMNNI'
.....NMM-
----
~
~ i ~
~ !
I ~
~
I ~ i ~ ~I~ ~ ~ I ~I
i
I ; ~ ~~ Ili~.~1 ~I ~ I
I n~ ~I~ I
~ ~
! ~
~
I
~ III
0\
.....
o
M
.....
It)
o
.( f:cl ti
ci rJ ~u
=
If,~~ //8 -//:; _
RESOLUTION NO "saq_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE ADOPTION OF THE FINAL BUDGET OF THE CITY OF
CHULA VISTA FOR THE FISCAL YEAR BEGINNING JULY 1, 1994
AND ENDING JUNE 30, 1995
WHEREAS, pursuant to the provisions of the Charter of the
City of Chula vista, sections 1004 and 1005, the city Council is
required to adopt a budget for the fiscal year beginning July 1,
1994 and ending June 30, 1995, and
WHEREAS, the City Manager has prepared and filed with the
City Clerk his proposed budget, and
WHEREAS, due notice has been given by the city Clerk, as
required by law, that said proposed budget is on file and open to
anyone interested, and
WHEREAS, a hearing has been held on said proposed budget
as required by law, and
NOW, THEREFORE, BE IT RESOLVED by the city Council of the
city of Chula vista that there is hereby appropriated out of the
resources, including prospective revenues, of the City of Chula
vista for municipal purposes and for use by the various
departments, the amounts shown in Exhibit "A", attached hereto and
incorporated herein by reference as if set forth herein in full.
The City Council finds that all appropriations contained in this
resolution are within the legal spending limitations authorized by
law.
BE IT FURTHER RESOLVED that the appropriations attached
are approved as the budget for the 1994-95 fiscal year. The City
Manager and the Director of Finance are hereby jointly authorized
to transfer appropriations within control accounts for all services
and to transfer appropriations between control accounts for
Employee Services only.
BE IT FURTHER RESOLVED that the Director of Finance may,
from time to time, invest temporarily idle funds from anyone fund
in legal investments permitted by law for charter cities.
BE IT FURTHER RESOLVED that the interfund transfers
described on Exhibit B, attached hereto and made a part hereof, are
hereby authorized; and any such interfund transfers described
thereon as loans shall bear interest at the,rate of 5.5% per annum
which the City Council finds and determines is the current prime
interest rate.
1
{y.../7
BE IT FURTHER RESOLVED that revenues received from
Developer Deposit Funds for projects for which consultants rather
than City officers or employees are engaged are hereby continuously
appropriated to the Developer Deposit Fund.
John D. Goss, City Manager
I"
Presented by
frm
:0
c: \ rs\annual.bud
2
If.../!
')\ Q i ~ I
e .' ~ "
~ ~ ." ~"\
% ~ il J
I: 0 ~ ~ " ~
~ ~ \) l\ '\'l \,
~ ~ \. ~ ~ ~~
"" J \\1 J: i\ "t- 1:1':I~
0 '" " ~ ~ { '" .~ 11,:11'-
Q '^ ~ "\J "< '\1 ~~
~ ~ ~ ~ 'Q ':! "'III \
e is ~ 0 ~ 'l 'II,,,~
(), l' 'J \-. 111111
'l "1-
~ ~ "t \J\ ~ ~ . J ,ull
CI) ~ 1'1\ ~ " \l:J ~~ '11'1'
v., ., "
(!J ~ I~ ~ " ::. llllll
~ ~ ~ ~ 'C ~ ~~
~ 1 ( -.l ~ ~ rf.. ~
~ '" ~ ~ ~ X\~
oJ ~
~ ~ 't , ~ <;:,
~ .... ~ ~ ~ 3
"- ~ ~ 'It .t ~ ~ ~ ,,;,(
" ~ J
......... '" ~ J ~ ~. en
~
J ~ I
G)t 2'\ ~ '"
~ ~ ~ ~ ~ ~
~ \U ,~ '1\ ~
Iv 'J\
~ "- " r \.J \~ \.- ~. ~
'\J rl ~ ~ {
~ "
0 ~ '" ~ ~ ~ & ~ \" '^ t:I':1
Q \( ~ ~ ''I'' It,:lla
~ "" '-I
e \- ~ ~ ~ ~ ~ "'III
\ \t ~ III",
\:. .. 'f ~ ~ 111111 ,
-J\ ~ J 4 ,:llll\SQ
CI) ~ ~ '~ 1-- ~ ~
~ --l .~ ..... 111:1'-""
(!J ": l ~ ~ \~
~ ~ '.) ( ~ ~ 111I:1
j " <l ~ 'f\
. ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ "-
~ 1\.\ ~ .\
.... ~ { ~ ~ ""
.... "- \\\ 1
~ ()
~ ~ ~ ~ ~ '\-- ~ ~
"-
g~ \'. \" ~ ~ I I
~ V\ "- l( "- ~
~ ~ \j\
~ 1\1 ~ ~ \\ '\ 1:1':1
, ;:::: ~ ~ ~
0 ~ "' ~ ~ ~ ll,:ll~
r:.I ~ ~
Q i\I <t .. "'>1 ~
~ ~ ~ ~ ~ ~ '- ~ ~ ::m: \
OJ ~ ~ , "l ~ ~ ~ I::"'\b
e ~ \1\ ,~
~ " ~
~ ~ \\ ~ ~ "- ":;j 'II~ 11,111-
, ~ t:. '11:1'
(1) v.., ~ \ \j fI
e" ~ .", :) ~"tlllll
~ ~ ':y ~ \, ~ II. ..J I j
~ '" ~ ~ ~~ JI>>
~ <:\
~ '~ \I,'
i!: ~ ~ ~ \"'~y!
)\ 'l\ ~ ct ~
'? ~ i , ' ""')
~ ~ \ ~ { ~tli
\\ ~ ~
~ ~ ~ ":. ~ ~ ~~\ CIJ
"t ~
t9 }
'II '"
o ~ ~
Q 1'- ~
e ~ ~
(1) ~ \(
e" ::>
! Q)
~ ~ ~
~
'\I ~
~ ~
\~
i ~ V\ ~ ~
\1 ~ "\ ~ .,
--l ~ ~ ~ ~ I~ ~
~ ~ ~ ~ ~ ~ '{
1~~~i0~
~ -J " \l 1\1 ~ "I;,
~ \~ W \ ~ ~ }
~\J~ ~~~
~ ~ ~ ~ ~ ~ ~
. '<:( ~"\h':' ~
~ ~ ~ ~ \,,\ '\I
I
1111:1..../
l!,:lh \)
"'111 rt..
,II,,,. \)\
IlInl
::1I11~
'11'\'"
"
lll'jl
!
CIJ
COUNCIL AGENDA STATEMENT
ITEM TIRE:
/1
Meeting Date 6/14/94
Resolution 17.5'.1PEstabIiShing the Appropriations Limit for the
City of Chula Vista for the Year Ending 6/30/95 Based on the
budget year of 1994-95
SUBMITTED BY: Finance Administrator "5~
REVIEWED BY: City Manager 1& ~ if I (4/5ths Vote: Yes _No---1L1
Government Code Section 7910 requires each local government to establish its Gann
Appropriations Limit (Article XIIIB of the California Constitution) by resolution each
year at a regularly scheduled meeting or noticed special meeting.
Item
RECOMMENDATION: That the City Council adopt a resolution establishing an
appropriations limit of $140,238,596 for the 1994-95 fiscal year.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Article XIIIB of the California Constitution specifies that appropriations financed from
"Proceeds of Taxes" may increase annually by the change in population of the city or
change in new non-residential construction and the change in the U.S. Consumer Price
Index. For 1994-95, the Consumer Price Index increased. 71 % and the change in
new non-residential construction increased 4.33%. The change in population
increased by 2.08% and was not used since it was lower than the non-residential
construction percentage.
"Proceeds of Taxes" includes such revenues as property taxes, sales and use taxes,
utility users taxes, transient occupancy taxes, and state subventions. Revenues from
other sources like fees/charges and federal grants are considered "Non-Proceeds of
Taxes" and not subject to limit.
The State Department of Finance and the San Diego County Assessor's Office are
charged with providing the data necessary for local jurisdictions to establish their
appropriation limit. Based on this data, the 1994-95 appropriation limit has been
calculated as follows:
Fiscal Year 1993-94 Appropriation Limit
Increase in the Consumer Price Index
$133,470,643
.71
Fiscal Year 1994-95 Appropriations Limit
4.33
$140.238.596
Increase in new non-residential construction
FISCAL IMPACT: The "Proceeds of Taxes" subject to the appropriations limit are
estimated to be $32,232,000 for FY 1994-95. Chula Vista has an appropriation
"gap" of $108,006,596.
/1' I
APPROPRIATIONS SUBJECT TO LIMITATION
FOR FISCAL YEAR 1994-95
A.
PROCEEDS OF TAXES
B.
EXCLUSIONS
C.
APPROPRIATIONS SUBJECT TO LIMITATION
D.
CURRENT YEAR LIMIT
E.
OVER (UNDER) LIMIT
$32,232,000
$0
$32,232,000
$140,238,596
($108,006,596)
GANN LIMIT (PROP 4) GAP CALCULATION
FOR FISCAL YEAR 1994-95
Proceeds of Taxes
F.Y. 1994-95 Budaet
Property Taxes
Sales and Use Taxes
Transient Lodging Taxes
Utility Users Taxes
Other Local Taxes:
Real Property Transfer
Business License
State Motor Vehicle Licenses
State Homeowners Property Taxes
Totals
Appropriations Limit
GAP (Under Limit)
J?,;L
$ 9,097,000
12,730,000
1,200,000
2,880,000
230,000
900,000
5,020,000
175.000
32,232,000
140.238.596
($108.006.596)
-ie
'. ,/
RESOLUTION NO. /7Et:'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING AN APPROPRIATIONS
LIMIT. FOR THE FISCAL YEAR 1994-95 PURSUANT TO
ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION
WHEREAS, Article XIIIB of the California Constitution
provides that the total annual appropriations subject to limitation
of each governmental entity, including this City, shall not exceed
the appropriation limit of such entity of government for the prior
year adjusted for changes in population and inflation mandated by
proposition 4 passed in November, 1979 and Proposition 111 in June,
1990 except as otherwise provided for in said Article XIIIB and
implementing State statues; and
WHEREAS, pursuant to said Article XIIIB of said
California Constitution, and section 7900 et seq. of the California
Government Code, the City is required to set its appropriation
limit for each fiscal year; and
WHEREAS, the Finance Administrator of the city of Chula
vista has interpreted the technical provisions of said
propositional computations and has reviewed documentation of the
city's said appropriation limitation; and
WHEREAS, based on such calculations the Finance
Administrator has determined the said appropriation limit and,
pursuant to section 7910 of said California Government Code, has
made available to the public the documentation used in the
determination of said appropriation limit.
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista, California that said appropriation limit for
Fiscal Year 1994-95 shall be and is hereby set in the amount of
$140,238,596 for said Fiscal Year.
Susan B. Merrill, Interim
Finance Director
I
Bruce M.
Attorney
ity
Presented by
c: \rs\Applidt
19--;1
COUNCIL AGENDA STATEMENT
Item J../}
Meeting Date 6/14/94
Public Hearing: City Open Space Maintenance District No. 10 for Fiscal Year
1994-95
Resolution 17.531 Ordering certain open space and maintenance
facilities to be maintained and levying the assessments for Fiscal Year 1994-95
for Open Space District No. 10 contingent upon approval of the budget by
Council
SUBMITTED BY: Director of Public Works ~
Director of Parks and Recreation
REVffiWED BY, City M"""" 1(, 7' JI (4I5ili'VOIe, Y,,_NoX)
Based upon the advice of the City Attorney, agenda items ~Q and:' 'have been separated due to conflict
of interest concerns. Council should note that agenda statement~'gives all background information on
open space district in general which is applicable to the item, but does not include specific information
on Open Space Maintenance District 10.
ITEM TITLE:
RECOMMENDATION: That Council:
1. Open the hearing, take testimony, and close the hearing.
2. Direct staff to tally the protests.
3. Adopt the resolution to levy the assessments for Fiscal Year 1994/95 contingent upon approval
of the budgets by Council.
BOARD/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
BacklITound
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, engineers reports
and a sample contract.
.20' I
Page 2, Item .).(J
Meeting Date 6/14/94
TABLE 1
LAST FY VS. TIllS FY ANNUAL ASSESSMENT AND % CHANGE
% Increase
FY 92-93 FY 93-94 FY 94-95 or FY 94-95 FY 94-95
AssessmentlEDU AssessmentlEDU AssessmentlEDU Decrease CosUEDU Revenue
Open Space $83.46 $25.96 $63.98 146% $87.00 $40,334
District No. 10
EI Rancho del Rey
6 & Casa del Rey
The annual assessment for this District for a typical parcel will increase by $34.02 per year to $63.98.
This represents a percentage increase of 146%. The primary reason for the increase was that it was
artificially lowered for this current year because there was more than a 1 ()() % reserve. Thus even
though the cost per EDU to maintain the district was $84.01, excess reserves were used to lower the
assessment to $25.96. This year's costs will increase by 4% to $87.27 per parcel, but since there is
still approximately 100 % reserve in the fund staff is recommending the district be brought up to the
total costs over a two year period in order to soften the annual increase. Therefore next year's
assessment is proposed to be $63.98. Eventually the annual cost and assessments will be very near the
same amount.
The reserves increased in previous years because a developing area's improvements were added to the
district and assessments collected, but the developer took longer than expected to turn over the added
Open Space for maintenance.
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.
DDS:OS-OOl
Attachments: Engineer's Report - OS010 - FY 94/95 NOT SCANNED
F:\Home\Engineer\Agenda\l946.94
~t:),~
RESOLUTION NO.
) ?f:J I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED AND
LEVYING ASSESSMENT FOR FISCAL YEAR 1994-95 FOR
OPEN SPACE DISTRICT NO. 10 CONTINGENT UPON
APPROVAL OF THE BUDGET BY THE 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
seq., or pursuant to the Act itself designated as Open Space
District No. 10; and
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 Report and set June 7 and 14, 1994 as the dates for the
public hearings; and,
WHEREAS, the proposed individual assessment for Open Space
District 10 for Fiscal Year 1994-95 as it compares to last year is
shown below:
LAST FY VS. THIS FY ANNUAL ASSESSMENT
FY 93-94 FY 94-95
Assessment/EDU Assessment/BDU
Open Space District No. 10 $25.96 $63.98
EI Rancho del Rey 6 &
Casa del Rey
NOW, THEREFORE, BE IT RESOLVED as to Open Space and
Maintenance 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 for the improvement and confirms the diagram and
,,2.1/-J
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 assessment as
proposed in the Engineer's Report for the 1994-95 fiscal year and
set forth hereinabove for Open Space and Maintenance District No.
10.
:0
Presented by
John P. Lippitt
Director of Public Works
Bruce M. Boog
city Attorne
c: \rs\OS10Levy
.>>''1
COUNCIL AGENDA STATEMENT
Item e:?--I
Meeting Date 6/14/94
ITEM TITLE: Public Hearing: City 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 for Fiscal
Year 1994-95
Resolution /7 f;:J .)... 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
SUBMITTED BY: Director of Public Works fIJ-
Director of Parks and Recreation
REVIEWED BY: City Manager de. + 11 (4/Sths Vote: Yes_No..XJ
In accordance with the City 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 April 19, 1994. 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~n this agenda.
At the public hearing of June 7, 1994 to consider the levy of assessments Council directed staff to meet with the
property owners of the Salt Creek 1 development (Eastlake Maintenance District 1, Zone D) regarding the
proposed assessment increase. Staff met with the owners after the hearing and set the date for an informal meeting
for June 21, 1994 at 6:30 pm. This date and time was requested by the property owners. Staff also determined
the protest percent to be less than 20% by assessable land area as of June 7 for Eastlake Maintenance District No.
1, Zone D.
RECOMMENDATION: That Council:
1. Open the hearing, take testimony, close the hearing.
2. Direct staff to tally all protests.
3. Adopt the resolution to approve modifications to the Engineer's Report and levy the assessments for Fiscal
Year 1994/95 contingent upon approval of the budgets by Council.
4. If substantial additional protests are presented by owners within Eastlake Maintenance District 1, Zone D,
that would indicate a possible majority protest, staff recommends deferring action on the Zone D
assessment and continuing the hearing to July 12, 1994.
5. If there is no indication of a majority protest by owners within Eastlake Maintenance District 1, Zone D,
staff recommends that Council approve the Resolution to levy the assessments and direct staff to work with
the owners to reduce costs in the future and consider rebates at a later date, if necessary.
o'l/"'/
Page 2, Item -' I
Meeting Date 6/14/94
BOARDS/COMMISSIONS RECOMMENDATION: The budget and assessment information has been forwarded
to the Towne 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 I 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 staff proposes in response to a question on the
spread by a property owner. General information that applies to all the districts is provided followed by an
analysis of each district individually. At the end of this agenda statement there are some legislative changes to the
Landscaping and Lighting Act of 1972 that have been discussed to inform Council of the changes. Staff has also
indicated the noticing that was provided for in regards to these proceedings. A summary of the assessment
meetings and letters of protest are presented in Attachments D and E.
As a final note, Council should be advised that the preceding agenda item contains the same information for Open
Space District No. 10 which was separated due to conflict of interest concerns.
.11-.2
Page 3, Item4
Meeting Date 6/14/94
Backe: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 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
I El Rancho Del Rey Units 1-4 South of E. H Street, west of Otay
Lakes Road
2 Lark Haven South and east of Lorna Verde park
3 Rancho Robinhood Units I & 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 Paseo del Rey, north of Telegraph
Canyon Road
11 Terra Nova East H Street, east of 1-805
14 Bonita Long Canyon North and south of Country Vistas
Lane
15 Bonita Haciendas Canyon Dr., east of Otay Lakes Road
17 Bel Air Ridge Northeast of Paseo 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 Road
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 Avenue, north and south of F
Street
Bay Boulevard
Eastlake Maintenance District No. 1
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. In March, the Parks and Recreation Department forwarded an information item
to Council on issues raised at that meeting. In May, the Department of Public Works forwarded an information
item on the issues raised at the April meeting. These information items are attached (Attachment D).
02/~ :r
Page 4, Item ~ I
Meeting Date 6/14/94
Assessments
The proposed assessments for Fiscal Year 1994-95 are as follows:
% Increase
FY 93-94 FY 94-95 or FY 94-95 FY 94-95
OSD Assessment/EDU Assessment/EDUO) Decrease COST/EDUO) Revenue
1 $78.86 $77.70 -1% $73.00 $61,805
2 32.44 39.54 22% 46.00 9,842
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 92.88 111.42 20% 137.00 42,784
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
18 303.34 321.40 6% 330.00 124,559
20'10) 228.21 228.21 0% 311.76 441,087
23 0 335.70 '''''' N/A 306.00 18,799
24 210.98 495.73 135% 528.00 19,829
26 359.00 394.30 "' 10% 356.00 7,491
Bay Blvd. 1,000.80 889.00 '" -11% 1,421.0 8,900
0
Town Centre 43.58 45.56 '"' 5% 52.00 45,557
EASTLAKE MAINTENANCE
DISTRICT NO. 1(9)
Zone A - Eastlake I 6.98 9.30 33% 11.31 89,979
Zone B - Eastlake Greens 10.64 14.08 32% 15.94 29,262
Zone C - Olympic Training Ctr 0 126.71 N/A 126.50 63,361
Zone D - Salt Creek I (4) 6.98 369.80 N/A 371.81 170,463
(l)See Engineer's Report for amortized costs and breakdown by zone
(2)Reserve is at 10%
(3)Based on preliminary budgets
(41Includes prorata share of Zone A
(5)Per benefit unit
(6)Per acre
(7)lncludes revenue from OSD31 for medians on Otay Lakes Road
(''Reserve is at 20 % .
(9)As approved by Council on 4/5/94 with minor adjustment and excludes OSD31 share of OLR
(IOlTypical residential home's assessment had no change
TABLE 2
LAST FY VS. TIllS FY ANNUAL ASSESSMENT AND % CHANGE
021- 'I
Page 5, Item~
Meeting Date 6/14/94
~V> 88888 ~~~~~ ~~~~~ ~~~~~ ~~~~~
~~ .-;::5!",vit:: ",~~....&; ::V'l~~N -\O~Vl
.... ~1!lN ~- '" &;~~~~ V"'l-........~
- - - "'~V>"'~
~~ -
i
l%l I
2 !~~~~~ d!;!'1~88 8~8!8 <8~8 8
. . N . . . N N . . z~~~ N
~~ f::~5':i5~ ;1,!",~! ~!:itd!~ V>
!;j:;: .... .........-- "''''
. - . . .
8~
0
l%l
o 1:o~~:o!'1 oo-!<!~!:l d!;:!!~!&; ~~~~ C;
('1";00 r--
Q . N . . . ;t.~;:j;t.:d !C!~~:::i8 ....
~~I~~~l:Hi _-.""o0oi '" -'" ~ ~ V>
. - . . .
o~1
~
l%l
Page 6, Item ,).)
Meeting Date 6/14/94
Modifications
Staff proposes assessment modifications to the two open space districts which have zones, EastLake
Maintenance District No. I (ELMDI) and OSD20 (Rancho del Rey). The assessment modifications are a result
of spreading Public Works/Data Processing (PW IDP) staff costs differently in response to one property owner's
concern that Salt Creek I, a zone within ELMDI, would pay too much as originally proposed. Consequently,
staff analyzed six alternatives and recommends spreading those costs equally between the zones instead of
spreading PW IDP staff costs by pro rata share of the budget. This method reflects the cost to each zone for
preparing the reports, outlining each zone's assessment, savings, interest, reserve balances, reserve
requirements, analyzing all assessment increases and decreases, etc. PW/DP staff time is not impacted
substantially by the number of parcels, equivalent dwelling units or size of budget. Consequently, it is logical
to spread PW IDP staff costs equally by zone.
Additionally, staff proposes that the ELMDI budget for next year reflect a decrease in PW/DP staff time.
Originally proposed at $9,500 for ELMDI, staff recommends this be reduced to $5,500. The higher amount
was based on the previous consultant's contract to perform the work. However, this work has been performed
by staff for three years at a consistently lower cost. This is true for OSD20 also where staff recommends the
budget to be reduced to $5,500 from $8,900. For Rancho del Rey (OSD-20), no change in assessments from
that presented in April is recommended pursuant to April Council direction to not lower the assessment below
FY 93-94 levels. The adjustment is reflected in the reserves, etc.
The following table, Table 2B, outlines the impact of the proposed modifications to the assessments. For zones
where the assessments would increase, no increase is reflected as it is too late in the process to do so. Next
year the assessments will reflect that.
TABLE2B
Proposed 4/5/94 Modification 6/7/94
ELMDl - FY 94/95 AssessmentlEDUaJ AssessmentlEDU
Zone A Eastlake I $9.30 $9.30
B Eastlake Greens 14.08 14.08
C OTC 126.72 125.96
D Salt Creek IOJ 369.80 363.12
(I)Inc1uctes pro rata share of Zone A
(2)Reflects minor adjustment downward to be consistent with assessment roll.
District Assessment Changes
The assessments are based on the budgets, reserves, savings, and funds balances, including interest. In general,
the budgets have increased due to CPI adjustments allowed in the renewal of the maintenance contracts and
substantial increases (approximately 25%) in the cost of utilities, namely water costs. The increase in water
costs is due to 1) a 14 % increase in water costs in FY 1993/94 subsequent to budget formation which were not
reflected in the budgets; and 2) an 8% increase in water costs anticipated for FY 1994/95. Where landscape
maintenance contract costs have changed compared to the previous year (from being put to bid and awarded
by Council last June), budgets as well as Park and Recreation staff services have been adjusted. Parks and
Recreation staff services are apportioned to an individual district based on its percentage of all the districts'
budgets combined. In other words, if the staff services total for all budgets combined did not change, and one
OSD's percentage of contract costs increased, so would their staff services. Staff services have an additional
o1l"'~
Page 7, Item ,)./
Meeting Date 6/14/94
component of $240 per district in anticipation that additional engineering staff time will be needed next year
in order to make adjustments as a result of recent legislative changes to the Landscaping and Lighting Act of
1972. Engineering staff time is a fixed amount per district unlike Parks and Recreation staff time.
Savings from prior fiscal years have been used in part to offset cost increases during this fiscal year. For those
districts where the reserve still exceeds 50 %, staff recommends using the savings to soften the impact of the
proposed budget increases for FY 1994/95. Staff generally tries to keep the assessments level with gradual
increases, or decreases, each year. In all cases except OSD 1, 23 and 26, the proposed assessments to the
property owner are lower than the actual cost which means reserves are used to make up the difference.
Consequently, staff anticipates assessment increases in the future for each assessment district even if the
budgets remain level.
Under Council Policy each district is required to have a reserve that is allowed to fluctuate between 50% and
100% of the estimated maintenance cost. The reason for the reserve above 50% is to stabilize the yearly
assessment and provide a buffer for any unforeseen cost that the district may incur. A 50 % minimum reserve
is required to allow the City to pay the first six months costs until such time as the City has received adequate
funds from the County on the tax payments.
For new districts, the minimum 50% reserve can be built up in one of two ways. If the City begins maintaining
the new open space district in the middle of the fiscal year, the district will be assessed for the full year thereby
accumulating the 50 %. If the City begins maintaining the new open space district at the beginning of the fiscal
year, the district will be assessed an extra 10% each year for the first 5 years. The reserve above 50% is
generally obtained from savings in the district. Then the City has the option to reduce assessments, retain as
additional reserve or a combination of these.
The following summarizes the major changes for each district. Note that the assessment/EDU varies from the
cost/EDU which reflects the cost only. The assessment/EDU reflects impacts of the reserve requirements,
ending fund balances and savings. For a detailed outline, see Attachment A.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
Assessment/EDD Assessment/EDD Decrease COST/EDD Revenue
Open Space District No.1 $78.86 $77.70 -1% $73.00 $61,805
El Rancho Del Rey Units 1-4
Staff recommends a 1 % decrease in the annual assessment from $78.86 to $77.70 per equivalent dwelling unit
(EDU). The maintenance contract budget decreased by $7,435, however, the utility costs increased by $4,350.
The net change in maintenance cost is a $3,555 decrease which is why staff recommends the lowered
assessment. The reserve under this recommendation will stand at 70%.
The contract service budget amount decreased substantially. However, large assessment fluctuations are not
evident because staff recommended and Council approved modifying the FY 1993/94 assessments downward
in response to the lower maintenance bids received in 1993. Consequently, the current year assessment (FY
1993/94) already reflects the contract savings.
02/- ?
Page 8, Item .)./
Meeting Date 6/14/94
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
AssessmentlEDU AssessmentlEDU Decrease COST/EDU Revenue
Open Space District No. 2 $32.44 $39.54 22% $46.00 $9,842
Lark Haven
Staffrecommends a 22% increase, $7.10 per year, in the annual assessment from $32.44 to $39.54 per EOU.
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 stand at 60%.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
Assessment/ED Assessment/EDU Decrease COST/EDU Revenue
U
Open Space District No. 3 $250.90 $267.06 6% $279.00 $33,915
Rancho Robinhood Units 1 & 2
Staff recommends a 6% increase in the annual assessment from $250.90 to $267.06 per EOU. Utilities
increased by $2,340, however, the maintenance contract budget decreased by $10,405 and city services
decreased $910. The net decrease was $8,975. The reserve under this recommendation will stand at 68%.
The contract service budget decrease of $8,975 is substantial, however, large assessment fluctuations are not
evident because staff recommended and Council approved modifying the FY 1993/94 assessments downward
in response to the lower maintenance bids received in 1993. Consequently, the current year assessment (FY
1993/94) already reflects the contract savings.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
Assessment/EDU AssessmentfEDlJ 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 EOU. Of the $85.86 increase
per EOU, the two largest factors are the maintenance contract which increased from $29,090 to $35,620,
($31.10 per EOU) and utilities which increased from $12,140 to $15,170 ($14.43 per EOU) 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/EOU of $234.37 which is $40 more than what they were
assessed. Prior year savings were used to lower the assessment to $197.08/EOU which was below the cost of
$234/EOU and some savings were retained in reserve. The contracts went out to bid in Spring 1993 and OSO
4' s contract was the only one that came in hil!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.
dl-r
Page 9, Item ~ I
Meeting Date 6/14/94
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
i\ssessrnent/Ii]){J i\ssessrnentlIi]){J Decrease COST/Ii]){J Revenue
Open Space District No. 5 $224.22 $243.12 8% $277.00 $29,659
Southbay Villas
Staff recommends an 8% increase in the annual assessment from $224.22 to $243.12 per EDU. Utilities
increased by $1,540, however, the maintenance contract decreased by $1,310 for a net decrease of $290. The
assessment has been lower than cost for the last three fiscal years and is eroding the district's reserve. The
reserve is now at 65%. This is why staff recommends an assessment increase. Savings from prior years are
being used to offset some cost increases.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
i\ssessrnent/Ii]){J i\ssessrnent/Ii]){J Decrease COST/Ii]){J Revenue
Open Space District No. 6 $128.00 $136.26 6% $143.00 $22,071
Hilltop Vista
Staff recommends a 6% increase in the annual assessment from $128.00 to $136.26 per EDU, Items that
increase the budget are utilities and city staff services which increased by $1,080 and $220, respectively, for
a net increase of $1,320. The reserve is now at 70%.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
i\ssessrnent/Ii]){J i\ssessrnent/Ii]){J Decrease COST/Ii]){J Revenue
Open Space District No. 7 $87.58 $95.86 9% $114.00 $9,968
Zenith Units 2, 3, & 4
Staff recommends a 9% increase in the annual assessment from $87.58 to $95.86 per EDU. Items that
increased the budget were utilities and city staff services which increased by $790 and $240, respectively. The
net increase is $1,040 and the reserve under this proposal will be 75%.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
}\ssessrnent/~DlJ i\ssessrnentlIi]){J Decrease COST/Ii]){J Revenue
Open Space District No.8 $430.94 $430.94 0% $446.00 $47.403
Rancho Robinhood Unit 3
Staff recommends no change in the annual assessment of $430.94 per EDU. Utilities increased by $2,130,
however, the maintenance contract decreased by $690 for a net increase of $1,500. Prior years' savings are
recommended to absorb the increase which will leave the reserve at 68 %.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
Assessment/EDD i\ssessrnent/Ii]){J Decrease COST/Ii]){J Revenue
Open Space District No. 9 $92.88 $111.42 20% $137.00 $42,784
EI Rancho del Rey Units
Staff recommends a 20% increase in the annual assessment from $92.88 to $111.42 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
~/-'
Page 10, Item .)./
Meeting Date 6/14/94
by the assessment being $25 per EOU lower than the cost per EOU. The assessment per EOU this fiscal year
was also offset by prior years' savings. Consequently, the increase in assessments (20%) is greater than the
increase in budget (8%). However, the proposed assessment is still less than the cost of $137/EOU. The
reserve under this recommendation would stand at 65 %.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
Assessment/EDU Assessmenl/EDU Decrease COST/EDU Revenue
Open Space District No. 11 $81.22 $83.58 3% $87.00 $110,403
Hidden Vista Village
Staff recommends a 3 % increase in the annual assessment from $81.22 to $83.58 per EOU. Utilities increased
by $5,700 and the reserve fund was increased by 7% to bring it to the 50% minimum requirement.
The contract service budget decrease of $24,975 is substantial, however, large assessment fluctuations are not
evident because staff recommended and Council approved modifying the FY 1993/94 assessments downward
in response to the lower maintenance bids received in 1993. Consequently, the current year assessment (FY
1993/94) already reflects the contract savings.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
Assessmenl/EDU Assessmenl/EDU Decrease COST/EDU Revenue
Open Space District No. 14 $254.74 $270.35 6% $289.00 $236,101
Bonita Long Canyon
Staff recommends a 6% increase in the annual assessment from $254.74 to $270.35 per EOU. The increase
was due in part to a $15,720 increase in utilities. City staff services however, helped offset this increase with
a $5,760 decrease resulting from the adjustment to staff services because of the decrease in the cost of the
maintenance contract.
The contract service budget decrease of $56,320 is substantial, however, large assessment fluctuations are not
evident because staff recommended and Council approved modifying the FY 1993/94 assessments downward
in response to the lower maintenance bids received in 1993. Consequently, the current year assessment (FY
1993/94) already reflects the contract savings. The reserve under this proposal will stand at 80%.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
Assessment/EDU Assessmenl/EDU Decrease COST/EDU Revenue
Open Space District No. 15 $234.24 $234.24 0% $245.00 $13,352
Bonita Haciendas
Staff recommends no change in the annual assessment of $234.23 per EOU. The $735 decrease in the
maintenance contract was used to increase the reserve fund by $240. The reserve under this recommendation
will stand at 58%.
,,2/'/ (j
Page 11, Item ,,)../
Meeting Date 6/14/94
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. 17 $124.74 $124.74 0% $131.74 $5,738
Bel Air Ridge
Staff recommends that there be no change in the annual assessment for this district. The savings from last fiscal
year was placed into the reserve, currently at 99%, so that the assessment per EDU is kept similar to the cost
per 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. 18 $303.34 $321.40 6% $330.00 $124,559
Rancho del Sur
Staff recommends a 6% increase in the annual assessment from $303.34 to $321.39 per EDU. This increase
was mostly due to a $7,100 increase in utility costs. The reserve under this recommendation will stand at 50%.
Modified
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. 20 $228.21 $228.21 0% $311.76 450,154
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 because the assessment is less than the cost. OSD 20's
proposed residential assessment is lower than the cost because of: (1) savings due to delayed turnover of open
space last fiscal year, (2) the current contract came in lower than before, and (3) interest earnings. The
estimated savings are $170,000. Staff recommends that some of the savings be held in reserve. Zone 5's
reserve, SPA I residential area is proposed at 69 %. The other zones' reserves are approximately 50 %. Staff
anticipates an increase of $90/EDU in residential assessments next year because the assessmentlEDU of $228.21
is less than the cost of $311.76.
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. 23 $0 $335.70 See Zone $305.18 $18,799
Otay Rio Business Park breakdown in
Attachment A
This is a new open space maintenance district and will have an annual assessment of $335.70 per acre. The
scheduled turnover to the Department of Parks and Recreation for maintenance is July of 1994. The assessment
includes a reserve of 10% which will be increased by 10% each year for 5 years to reach the 50% minimum
reserve requirement.
;1./'1/
Page 12, Item ,,)1
Meeting Date 6/14/94
FY 93-94 FY 94-95 % Increase Of FY 94-95 FY 94-95
AssessmentlEDU Assessment/EDU Decrease COST/EDU Revenue
Open Space District No. 24 $210.98 $495.73 135% $528.00 $19,829
Canyon View Homes
As Council may recall, this district has been before council several times in the last two years to try to lower
the annual assessments. Staff recommends a 135% increase in the annual assessment from $210.98 to $495.73
per EDU. This increase was mostly 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 $21O.98/EDU for the current year even though the cost for the current year was $660.50 per EDU. The
savings were due to a delayed turnover of open space and contract cost reductions due to effective bid
clustering. The proposed assessment includes a reserve of 62 %. This recommendation is based on there being
no changes to the district such as annexations or consolidations.
Staff, as directed by Council, is analyzing alternatives to ultimately lower the assessment.
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. 26 $359.00 $394.30 10% $356.00 $7,491
Park Bonita
Staff recommends a 10% increase in the annual assessment from $359.00 to $394.30 per EDU. This increase
is due to utilities increasing by $350 and City staff services increasing by $210, however, the largest increase
is due to the need to increase the reserve by 10% a year until 50 % has been reached since this is a relatively
new district. This is a small district of 19 homes which tends to amplify cost increases. The increase in budget
of 6 % is only $580 but translates into an additional $30/year to the property owner. The reserve under this
recommendation will be 20 %, consistent with the second year of existence of the district.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
AssessmentlEDU Assessment/EDU Decrease COST/EDU Revenue
Bay Boulevard Open Space $1,000.80 $889.00 -11% $1,421.00 $8,890
Maintenance District
Staff recommends an 11 % decrease in the annual assessment from $1000.80 to $889.00 per EDU. Since the
cost is 60% higher than the proposed assessment for FY 1994-95 it is anticipated that next year's assessment
will increase substantially, almost double. Bay Boulevard's assessment is low this year compared to its budget
because excess funds are being used to lower the assessment. The reserve is at 100% and all funds above that
must be used to lower the assessment. The excess funds occurred because the estimated ending fund balance
for FY 1992/93 was $12.800 and the actual balance was $21,700. (The assessments are based on the estimated
fund balance.) The balance was higher than anticipated because prior delinquencies with penalties were paid
in this year. This also means then that the fund balance from a prior year was too low as the owners had not
paid their assessments. Public Works staff preparing the assessments was not aware of this and subsequently
charged the owners the shortfall in the following year.
Staff is revising their procedures to take into account delinquencies to ensure that this will not happen in the
future. Staff is reviewing the assessment history and will update Council of any other issues that affected the
assessment.
-2/-/:L.
Page 13, Item ..2 /
Meeting Date 6/14/94
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
P>ssessrnent/IlIl{J P>ssessrnent/llIl{J Decrease COST/IlIl{J Revenue
Town Center Open Space $43.58 $45.56 5% $52.00 $45,557
Maintenance District
Staff recommends a 5% increase in the annual assessment from $43.58 to $45.56 per EDD. This increase is
due to a $410 increase in utility costs. The reserve under this recommendation would stand at 70 %.
Modified
FY 93-94 FY 94-95
Assessment/ Assessment! % Increase or FY 94-95
IlIl{J IlIl{J Decrease COST/IlIl{J
Eastlake Maintenance District No.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.Q3
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.
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 EDD 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 EDD'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 I. 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.
Landscaoing and Lighting Act of 1972 Legislative Changes
The 1972 Act has been revised (Section 22630.5) to allow property owners with increased assessments to
protest the increase. The change further provides that an increase is not allowed if a majority protest, by land
area, exists.
Also pursuant to Section 54954.6 of the Government Code, property owners subject to an increased assessment
shall be notified of the current and proposed assessment and of the two hearings by mail 45 days in advance
of the second public hearing. However, staff notified all property owners of their present assessment, their
proposed assessment, and the hearings.
.2/.1;1
Page 14, Item .2 /
Meeting Date 6/14/94
Summarv of Informal Meetings
Staff from the Public Works and Parks and Recreation Departments held informal meetings to discuss the
proposed assessments for FY 94/95. Several questions were answered at that time regarding the budgets,
maintenance, assessments and the components affecting the assessments. A summary of issues is presented in
Attachment D and letters of protest are presented in Attachment E.
One property owner in ELMDI, Mr. Sidney Frischer, indicated in a phone conversation, that he would like
the assessment waived because he is on a fixed income. Staff does not recommend granting waivers for this
reason because of the precedence it sets and because it is appropriate to charge special assessments to the
owners and not use General Fund monies, etc. for this purpose.
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.
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Engineer's Report for Fiscal Year 1994-95
Open Space District Maps 8>~
Sample Contract .d-
Summary of Informal Meetings ...{'.~~-
Letters of Protest #' T1'"
D08:08ool
WPC F:\HOME\ENGINEER\AGENDA\1942.94
.J.1--IJj
RESOLUTION NO.
/75:1.2..
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
seq., 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:
.
-J./' /5
IAST FY vs. THIS FY ANNUAL ASSESSMENr
FY 93-94 FY 94-95
OSD Auessmeot/EDU Assesnn.enVEDUPJ
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(10)
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 ,..,
24 210.98 495.73
26 359.00 394.30 ,.
Bay Blvd. 1,000.80 889.00 ..
Town Centre 43.58 45.56 ,>
FASTIAKE MAINTENANCE DISTRlCf
NO. 1(9)
Zone A - EastIake I 6.98 9.30
Zone B . Eastlake Greens 10.64 14.08
Zone C - Olympic Training Ctr 0 125.96
Zone D - Salt Creek J (4) 6.98 363.12
.1/*'1"
(1)See Engineer's Report for amortized costs and breakdown by zone
(2)Reserve is at 10%
(S)Based on preliminary budgets
(4Jlncludes prorata share of Zone A
(sJPer benefit unit
(6JPef acre
('TJlncludes revenue from OSD31 for medians on Otay Lakes Road
t1lReserve is at 20%.
<9lAs approved by Council on 4/5/94 with minor adjustment and excludes OSD31 share of OLR
(1D'rypical residential home's assessment had no change
NOW, THEREFORE, BE IT RESOLVED 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 Districts except
Open Space District No. 10.
Presented by
Approved as to form by
B=~ B~~~
Attorney
John P. Lippitt, Director of
Public Works
C:\rs\OsLevy.all
~J...J?
Ite-m z,/
I\ECEIVED
'94 ~ \3 1\9 :'.1
Letter aITY5~te~~LA VISTl
CITY CLERK'S OFFICE
June 8, 1994
\"
City Clerk of Chula Vista
Dear sir:
I want to ~ile this letter of protest on the proposed
annual assessment iue to already overburien high property
taxes in adiition to mello-roos.
....As I understand, me llo-roos ,"oney that we pay is for park
and school which we don't even use ani therefore it does not
benefit us at all.
Why should homeowners be assessed to pay for open space
maintenance? I could not even afford to pay for my own landscape
maintenance at home.
Yours truly,
Geronimo T. Abalos
1198 Diamond CT
Chula Vista, CA 91911
2,\ -l~
oso/S
COUNCIL AGENDA STATEMENT
Item No.:
>>
Meeting Date: 6/14/94
"'-
ITEM TITLE: Report and Resolution J 2>:Ildopting the City of Chula Vista
Americans with Disabilities Act (ADA) Compliance Program
SUBMITTED BY: Director of Building and ':I~uJ.J_i V
Director of Public Works (,J~
Director of Personne~ n
Director of Parks and Recr~n:>>v
REVIEWED BY: City Manager JG 7 'JI (4/5ths Vote: Yes_ No JU
This Item has been previously presented at a Council Meeting/Workshop on January 28,
1994. At that time, Council directed staff to solicit additional public comments on the
City's ADA compliance efforts and incorporate such comments into the compliance
program. Staff has held two additional public meetings for this purpose, and is now
presenting this plan to Council for adoption.
RECOMMENDATION: THAT THE CITY COUNCil APPROVE THE RESOLUTION
ADOPTING THE AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE
PROGRAM CONSISTING OF THE FOllOWING ELEMENTS:
1 . Adopt the "Transition Plan" for on-site and street related City facilities (Appendices
A & C) and approve in concept funding for implementation of the Americans with
Disabilities Act program. Establish a finding of "Undue Burden" for purposes of
extending the time period for making required facility and street related
modifications (curb ramps) to existing facilities and City streets (as referenced on
pages 6 and 10).
2. Adopt policy for providing alternate methods of service delivery to disabled
individuals, specifically at those City public counters and multi-floor buildings
which do not comply with the ADA's specifications (as referenced on page 10).
3. Adopt policy establishing ADA compliant parks in major areas of the City and a
compliant recreation center, allowing disabled residents from all parts of the City
to use accessible facilities and recreation programs (as referenced on page 11).
4. Adopt Grievance Procedure for members of the public who believe they have
been denied access to a City service, program, benefit, or employment
opportunity, based on the Act's definition of a disability (as referenced on pg. 12)
,,2.2 ... /
Council Agenda Statement
Americans with Disabilities Act
Item #JJ- Page 2
June 14, 1994
BOARD/COMMISSION RECOMMENDATION: The Human Resources Commission at
their February 10, 1993 meeting unanimously endorsed staff's proposed on-site and
street related ADA compliance program (see attachment G).
PUBLIC INFORMATION MEETING: As mandated by the ADA, municipalities required
to undertake structural modifications to existing facilities to achieve program accessibility
must hold a Public Information meeting to discuss their proposed Transition Plan with
individuals with disabilities and those representing their interests. This meeting was
intended to provide an opportunity to interested persons to participate in the
development of the Transition Plan by submitting comments. The City held Public
Information meetings on January 21, 1993, and April 14 & 19, 1994. The meetings were
advertised through the distribution of press releases to over 30 local news media and
special interest groups, posting of flyers at the City's public facilities, and sending
complete Transition Plan packages and/or meeting announcements to 14 local
organizations which serve the needs of individuals with disabilities. In addition, meeting
announcements were distributed to individuals who have contacted the City regarding
accessibility related issues. (See Appendix E for distribution list.) At these meetings staff
received comments regarding accessibility of existing pedestrian ways and curb ramps,
public parking, public transportation for disabled and elderly travelers, and providing
services to individuals with non-mobility based disabilities. The City also received
compliments for providing accessible activities, programs and services to the disabled
community. Additional comments have been received after the meetings and include
issues such as accessible elements of the main library, City parks, and curb ramps.
Staff has attempted, to the maximum extent feasible, to incorporate all concerns and
suggestions into the aforementioned resolutions. To date, no objections have been
received regarding the adoption of the proposed Transition Plan.
BACKGROUND:
The Americans with Disabilities Act (ADA) was passed by the Congress in July, 1990 and
signed into law by the President in July, 1991. This legislation expanded the scope of
the Civil Rights Act of 1963 to include individuals with disabilities as a protected class.
This will influence how the City conducts business with any individuals considered
disabled under the Act.
The Department of Justice added a new Part 35 to Title 28 of the Code of Federal
Regulations to implement subtitle A of Title II of the Act. Section 35.150 of 28 CFR Part
35 mandates that local government entities operate each service, program or activity,
when viewed in its entirety, in a manner which makes it readily accessible and usable
by individuals with disabilities. While the 1963 Act prohibits a government entity from
denying an individual the opportunity to participate in the employment process and
public activities based on a religious or ethnic affiliation, the ADA prohibits actions by the
ol:1. - d2.
Council Agenda Statement
Americans with Disabilities Act
Item #,).J. Page 3
June 14, 1994
entity, regardless of intent, which deny an individual the opportunity for employment and
public activities solely on the basis of a qualifying disability.
All new construction and alterations to existing City facilities are mandated by Section
35.151 of Title II (as well as existing State laws) to comply with accessibility
specifications, ensuring that where provided, restroom areas, parking lots, drinking
fountains, and public telephones, that serve the altered area are made accessible.
The ADA also requires local government entities to perform a Self-Evaluation of its
current services, policies, and practices to determine where potential barriers to disabled
individuals exist. In addition to barriers of an architectural and physical nature, the
failure to effectively communicate with and understand the needs of individuals with
disabilities and the ADA represent major barriers for access to City operations and have
been included in the City's compliance program.
Proaram Status:
In working to comply with the new Federal law, a three prong approach has been
initiated; the Department of Building and Housing is coordinating all issues relating to
physical modifications to on-site public facilities; the Department of Public Works is
coordinating all issues relating to street related public facilities, specifically, the
wheelchair accessible curb ramps required throughout the City; and the Personnel
Department is coordinating the required Self-Evaluation of the City's policies, practices
and procedures regarding disabled employees and information disseminated to the
disabled community. A brief summary of staff actions is identified below:
1) Establishment of a City-wide ADA Steering Committee consisting of
representatives from all major departments affected by the law. Committee
is co-chaired by the Assistant Director of Building and Housing and the
Assistant Director of Personnel.
2) Creation of a detailed inspection checklist used to survey all facilities to
assess accessibility (see Appendix D).
3) Surveys of all City building facilities by inspection personnel from the
Department of Building and Housing and a report sent to each Department
Head.
4) Surveys of all City streets by the Public Works Department for compliance
with the wheelchair ramp access requirements and a prioritized list of
deficiencies has been compiled (see Appendix C).
~,.'y
Council Agenda Statement
Americans with Disabilities Act
Item #J.'- Page 4
June 14, 1994
5) Training for City employees to familiarize themselves with the new
requirements regarding service delivery, equivalent facilities and general
requirements of the ADA, with recent training completed for all new City
employees.
6) Establishment of an ADA Subcommittee to research and recommend
specific action on facility modifications. Committee members represented
Public Works, City Attorney, Parks and Recreation, Ubrary, Community
Development, and Building and Housing.
7) Development of informational brochures by the Personnel Department
explaining the City's efforts and procedures to insure persons with qualified
disabilities are afforded access to the City's various programs and job
opportunities (see Appendix F).
8) Estimates of costs for modifications to City-owned public buildings were
provided by the Department of Public Works personnel and preparation of
a draft list of prioritized deficiencies for ultimate inclusion in the Transition
Plan to be adopted by Council.
9) Preparation of a grievance procedure for resolving complaints alleging the
City is in non-compliance with the ADA. The Proposed Grievance
Procedure is included for Council approval (see Appendix B).
1 0) Holding of required public information meetings to discuss the City's
proposed Transition Plan with members of the disabled community and
those representing their interests as discussed on page 2 (see Appendix
E).
11) Development of a draft Transition Plan identifying and describing the
physical modifications for accessibility to the City's facilities, their estimated
cost, and the estimated schedule for implementation (see Appendix A).
12) Receipt of grant for approximately $29,500 from the California State Ubrary
in April, 1993, for the installation of a Community Adaptive Workcenter at
the Main Ubrary, which is comprised of multiple devices designed to allow
individuals with disabilities to utilize City and Ubrary resources.
13) Designation of the City Manager as the individual responsible for
implementation of the City's compliance program, with Building and
Housing, Public Works, and Personnel Departments delegated to respond
to issues mentioned previously.
.J..J. .. ~
Council Agenda Statement
Americans with Disabilities Act
Item # 02.1. Page 5
June 14, 1994
14) Development of a series of Self-Evaluation questionnaires by Personnel
Department to assess the City in terms of the accessibility of its programs,
services, and employment opportunities. These questionnaires are in the
process of being completed by department representatives and the
information compiled will be used to identify and correct any City-wide and
departmental programs, services, policies, practices, and procedures, if
any, which could discriminate against individuals with disabilities.
15) Purchase of four Telecommunication Devices for the Deaf (TDD) installed
in Administration, Public Services, and Main Ubrary buildings to provide
individuals with hearing and speech impairments with the opportunity to
communicate with staff at those locations. An additional TDD was
purchased by the Police Department for exclusive use by the
Communication Center for emergency (911) calls. Funds from the FY 93-
94 ADA CIP were used to purchase and install two devices at a cost of less
than $1,500; the Ubrary used grant funds from item 12 for the TDD
purchase. Staff training on the proper use and communication etiquette
of these devices has recently been completed, with participation by
representatives from all departments located in the above buildings.
16) Implementation of the first phase of alterations to existing City facilities as
identified in the FY 93-94 CIP "ADA Modifications' to provide greater
access to City facilities for individuals with disabilities.
Discussion of Transition Plan:
Paragraph (1) of subsection (d) of 35.150 requires that if structural changes to facilities
will be undertaken to achieve program accessibility, the public entity shall develop a
"Transition Plan' setting forth the steps necessary to complete such changes. The ADA
requires government entities to adopt a Transition Plan by July 26, 1992, with all
modifications identified in the plan to be completed by January 26, 1995.
Paragraph (2) of subsection (d) of 35.150 requires that 'If a public entity has
responsibility or authority over streets, roads, or walkways, its Transition Plan shall
include a schedule for providing curb ramps where pedestrian walks cross curbs, giving
priority to walkways serving entities covered by the Act, including State and local
government offices and facilities, transportation, places of public accommodation and
employers, followed by other areas."
The Act further requires that the Transition Plan shall include the following: 1) identify
and describe physical obstacles in the City's facilities which limit the accessibility of its
programs or activities to individuals with disabilities; 2) develop a schedule for
>>-:>
Council Agenda Statement
Americans with Disabilities Act
Item # .}~ Page 6
June 14, 1994
implementing the physical modifications for compliance; and 3) designate an official
responsible for the implementation of the plan, in this case, the City Manager.
TRANSITION PLAN AND IMPLEMENTATION SCHEDULE FOR CITY FACILITIES:
The proposed Transition Plan for City facilities has been designed to balance the ADA's
compliance requirements with fiscal realities. As is the case with many Federally
mandated laws, the ADA does not establish Federal funding sources for assisting local
governments to comply with its requirements; the financial burden for ADA compliance
has been placed solely upon each municipality. Staff has determined that the cost to
fully comply with the law's requirements for facilities by the compliance deadline
(January 26, 1995) is not feasible at this time. This proposed plan extends the time
period for compliance by approximately one year.
With the high number of City facilities which have been found to have barriers to access,
the City is faced with approximately $260,000 in required modifications. This figure does
not include the cost of modifications to facilities covered by other departments' CIPs.
The Act contains language that could be interpreted to exempt the City from the
compliance deadlines if the City can demonstrate a finding of an 'undue financial
burden". The undue burden defense has been defined as a 'significant difficulty or
expense" and serves as a limitation on a City's ADA obligation. The undue burden
defense does not excuse the City's obligation to make its programs, activities and
services accessible, but it may allow for an extended time period in which to implement
modifications to facilities which contain barriers. The 1993-94 ADA CIP included $36,000
for such modifications, and the tentatively approved 94-95 ADA CIP includes $100,000
for this purpose. The remaining $100,000 to complete the required on-site modifications
is included in the proposed ADA CIP for FY 95-96. After extensive research of all
available funding sources, staff recommends that the City establish a finding of
undue burden for purposes of extending the time period for making modifications
to City on-site facilities.
The scope of the City's ADA Compliance Program has been increased dramatically since
its inception, and City funds anticipated to be available for ADA related modifications
have been uncertain. As the Transition Plan is required to include both the funding
source and estimated completion date, concerns over funding forced a delay in the
Transition Plan's availability for Council approval. Staff is confident, however, that when
comparing efforts made by other local municipalities, the City of Chula Vista remains a
leader in terms of ADA compliance.
TRANSITION PLAN AND IMPLEMENTATION SCHEDULE FOR STREET RELATED
(CURB cun ISSUES:
,2..2-?
Council Agenda Statement
Americans with Disabilities Act
Item :# J,J. Page 7
June 14, 1994
The City of Chula Vista is required to include in its Transition Plan a schedule for
providing curb ramps where pedestrian walks cross curbs. The Engineering Division of
the Public Works Department undertook the required Self-Evaluation of street related
facilities by completing a survey of all street and alley intersections within the City. For
survey purposes, the City was broken into 21 areas and a field check was done for each
section. A listing of all street and intersection locations was completed which indicated
what improvements were in place and whether or not a curb ramp was required. Cost
estimates were then developed for all the areas that have existing sidewalk and curb
improvements, but no ramps.
There are two conditions existing at locations where barriers to wheelchair access could
be found to exist under the ADA program. The first condition includes intersections
which are fully improved with curb, gutter and sidewalks, but lack curb ramps. There
are 2,497 individual curb ramps that need to be installed in this category.
The second condition covers intersections which are improved and have curbs, but lack
sidewalks in the vicinity of the ramp location. It is staff's position that, since there is no
sidewalk, there are no access problems since persons using wheelchairs would not be
using the area behind the curb. There are 337 locations that have this second condition.
These locations are not included under the proposed Transition Plan, since the curb
ramps would be installed at the time sidewalk is installed.
Two conditions were found to exist that do not represent barriers to disabled access.
The first condition includes all the intersections which lack curbs, gutters and sidewalks.
It is believed that these conditions present no barriers to persons using wheelchairs, as
these are not pedestrian areas, and that curb ramps are not currently required at these
locations. The second condition includes those locations where all required
improvements, including accessible curb ramps, exist. The 1,847 locations with this
condition generally meet the ADA standards. The existing wheelchair ramp standards
do not meet the new ADA standards in that the slope of the transition area from the
bottom of the ramp to the full curb face exceeded the specified slope for that transition.
However, since the ramp and the landing area critical to a user meet the ADA standards,
staff's position is that these ramps do not need to be reconstructed.
A spreadsheet summarizing the total number of ramps needed is attached. The total
cost to install curb ramps for all of the 2,497 locations not having ramps as indicated
above is $2,986,000 at current prices. Cost estimates are attached.
FUNDING FOR INSTALLATION OF STREET RELATED (CURB-RAMP) PROGRAM:
Staff has investigated all possible sources of financing the construction of street related
curb ramp modifications. These sources are as follows:
,2:2' ?
Council Agenda Statement
Americans with Disabilities Act
Item # >> Page 8
June 14, 1994
. Community Development Block Grant (CDBG) Fund
. Gas Tax Fund
. Transnet Fund
. Residential Construction Tax (RCT) Fund
. Transportation Development Act (TDA) Fund
. General Fund
The Community Development Block Grant program is used to fund programs for low
income, elderly and persons with disabilities, social service programs such as "Meals on
Wheels" and economic planning and development activities. Both ofthese programs are
considered absolutely vital to the City. In the past, the City has utilized CDBG funds for
sidewalk safety programs and this is considered a likely source of funding for the curb
ramps identified in the proposed Transition Plan.
The Gas Tax and Transnetfunding sources are restricted use funds for the improvement,
maintenance and repair of the City's streets. These sources are used to maintain and
expand the City's street system. Further they are insufficient to do the required work to
keep the street system up to acceptable, safe standards. Additionally, when the City
does a construction project on a street using these funds, and a curb ramp is needed,
the project funds are used to install them.
RCT funds are the residential construction tax placed on all new dwelling units in the City
and are extremely limited. They are used to finance facilities and infrastructure needs
created by the new construction. These limited funds are unreliable in nature of the
annual amount (which depends on the level of new home construction), and are needed
to meet the high level of needs that this source must currently finance.
TDA funds are State Transportation Development Act funds available for pedestrian and
bicycle facilities. The administration of these funds are handled by SANDAG and are
given to projects on the basis of "grant" applications for specific projects. Currently,
SANDAG has placed a priority on the use of these funds for bicycle facilities. The City
staff believes, however, that the utilization of these funds to meet the ADA mandate
should have a higher priority. Accordingly, the City will make application for TDA funds
to complete the curb ramps and will attempt to get SANDAG to recognize this program
as a priority. Since the City does not control this source of funding, we can not
specifically program any funds at this time.
The General Fund is the source of funding for all City-wide functions, including police
and fire protection and has not been keeping pace with the increase in City costs. This
is particularly true in the last two fiscal years as the State of California has taken away
a sizable portion of the City's General Fund revenue to balance its own budget.
.1.2"'11"
Council Agenda Statement
Americans with Disabilities Act
Item # ":!Page 9
June 14, 1994
Because the amount of funding is limited, all needed curb ramps cannot be constructed
within the time period specified. The establishment of a schedule for the construction
of these ramps under this CIP program at all first category locations is proposed to be
dependent upon their relative values as determined by three factors. These factors are:
1. The proximity of the intersections to State and local governmental offices,
facilities, or programs. All intersections within 1/4 mile of such facilities
shall be given one priority point.
2. The proximity to transportation facilities. All intersections located on a
transit route shall be given one priority point.
3. The proximity to commercial areas which indicate a higher volume of
pedestrian traffic. All intersections located in a commercial area shall be
given one priority point.
Since there are 2,497 individual locations in the program, it was not considered feasible
to develop an individual listing of all locations for this document. However, all locations
are being placed in a computerized data base and will be assigned priority points for
each of the above categories as appropriate. All intersections will then be prioritized for
construction scheduling based on 3, 2, 1, and 0 points. The highest priority locations
will be those with 3 priority points (meeting all three conditions above), working down
to the lowest with no points. As each year's Transition Plan funding is approved by the
City Council, depending on City-wide priorities, the first locations to have curb ramps
constructed will be those with three points. As these are completed the program will
move to lower priorities, as funding is available, until the entire list is completed. In
addition, the City will include the construction of curb ramps as necessary in any of its
annual street improvement projects.
As a further measure, missing curb ramps may also be constructed in connection with
one of the City's other programs such as the following:
1. Sidewalk Safety Program, which involves the installation of sidewalks in
areas with high pedestrian traffic such as schools, shopping centers, or
public facilities. Over the past five years (FY 87-88 through FY 91-92), the
City has spent $26,500 in TDA funds to construct various phases of this
program.
2. Missing Sidewalk Program, in which various missing segments of sidewalk
are installed.
.2.2--'
Council Agenda Statement
Americans with Disabilities Act
Item #~Page 10
June 14, 1994
3. Sidewalk Rehabilitation Program. This program involves the replacement
of deteriorated sidewalks in various locations. OVer the past five years, the
City has spent $117,800 in Community Development Block Grant (CDBG)
funds to finance three phases of this program.
ESTABLISHING A FINDING OF UNDUE BURDEN:
With the high number of City street intersections which have been found to lack
accessible curb ramps, the City is faced with approximately three million dollars in
required curb ramp modifications to be completed by January 26, 1995 in order to fully
comply with the ADA. Staff believes this deadline cannot be met given current fiscal
limitations and has reviewed the undue burden option as stated previously for street-
related modifications. The undue burden defense does not excuse the City's obligation
to make City streets accessible, but it may allow for an extended time period in which
to install the curb ramps. The FY 92-93 CIP included $50,000 for this purpose and future
CIPs of the same amount are anticipated. After extensive research of all available
funding sources, staff recommends that the City establish a finding of undue burden
for purposes of extending the time period for making the City curb ramp
modifications.
By making the 'good faith' effort to comply with the on-site facilities requirements, the
City is illustrating its commitment to providing accessible services. While it is apparent
that the City cannot fully comply with the time period for street related modifications due
to financial constraints, setting a schedule for providing curb ramps on City streets
identified in the Transition Plan will demonstrate a commitment to an accessible Chula
Vista. Despite the proposed extension of implementation of the City street
improvements, the City will be making a stronger financial effort relative to most of the
regions local municipalities, and remains a leader of local governments in terms of ADA
compliance.
Discussion of ProDosed Alternative Methods Policv
The ADA recognizes that existing facilities may not be completely accessible to and
usable by individuals with disabilities, and while the City is required to provide an
equivalent level of service to all interested parties, the modification of all non-accessible
elements at City facilities is not required. The proposed Transition Plan recognizes
alternative compliance methods which make expensive physical construction alterations
unnecessary. These proposed changes include the following:
1. Many counters within the City are non-compliant due to height, with the
cost to modify each counter estimated to be $3,500, and a City-wide total
of over $70,000. Staff is recommending that the City comply with this
-1.,;l"" I ~
Council Agenda Statement
Americans with Disabilities Act
Item # .t:!page 11
June 14, 1994
provision of the ADA by training staff to provide clipboards or other
alternative methods of providing equivalent service, to be determined both
by staff and the individual on a case by case basis.
2. Several departments have public services which are physically located in
non-accessible upper floor facilities. The Transition Plan proposes that a
communication device be installed at the bottom of the stairs in such a
building in order to avoid the need to install an elevator. A person unable
to use the stairs would then have the opportunity to notify the department
and have a member of the department meet them at an accessible
alternate site, thus providing equivalent service.
3. Many existing City drinking fountains are not accessible to some
individuals with disabilities. Rather than modify or replace these drinking
fountains at approximately $1,800 each, the Transition Plan proposes to
install permanent paper cup dispensers at some fountains located inside
City buildings, which will allow use by anyone unable use the fountains in
their present configuration.
Discussion of the Establishment of Accessible Parks:
Section 35.150(a), Title II, of the ADA requires that all 'public entities shall operate each
service, program, or activity, when viewed In Its entirety, in a manner which is readily
accessible and usable by individuals with disabilities'. The Parks and Recreation
Department has 34 existing park sites throughout the City. The playground equipment
at most of these parks is not in full compliance with current accessibility requirements
of the ADA, and may represent access barriers for some disabled individuals. To retrofit
each site with new accessible play equipment and resilient surfacing would cost an
average of $30,000 - $40,000 for those portions of each park designed to accommodate
individuals with disabilities, with a City-wide total of $3 million to retrofit each park with
fully accessible elements. As the funds required to retrofit all parks with the equipment
represent a significant portion of the Parks and Recreation Department's annual budget,
this endeavor may not be feasible. The Department plans to comply with the intent of
the ADA by providing full service accessible playgrounds in the major sections of the
City, allowing any disabled individual unable to use an existing, unmodified park to have
easy access to any of the City's many accessible parks. The following areas have been
selected to serve this purpose and are shown with approximate compliance dates:
Park
Location
Approximate
Comoliance Date
A.
Memorial Park
Downtown Area
December 1995
.1.2 ..//
Council Agenda Statement
Americans with Disabilities Act
Item # ~,. Page 12
June 14, 1994
B.
C.
D.
E.
F.
G.
H.
Marina View Park
C.V. Community Park
Greg Rogers Park
Hilltop Park
Lorna Verde Park
Rohr Park
Lauderbach Park
Western Area
Eastern Area
Southern Area
Central Area
Southern Area
North-East Area
South-West Area
August 1992 *
June 1994 *
January 1996
June 1994
January 1996
July 1994
August 1994
* Modifications complete
The Department of Parks and Recreation and other City departments will be investigating
the most appropriate means to advertise and identify these accessible parks, and will
provide information at each non-accessible park directing users to those parks which are
accessible. It is anticipated that City maps showing locations of accessible parks will be
displayed at each park not listed above, and will be advertised in a public announcement
format. As City funds to support advertising is extremely limited, staff is investigating
cost effective options to accomplish this task.
All new construction and alterations to existing park and recreation facilities are
mandated by Section 35.151 of Title II (as well as existing state laws) to comply with
accessibility specifications, ensuring that, where provided, restroom areas, parking lots,
drinking fountains, and public telephones, that serve the altered area are made
accessible. Funds used to modify additional City parks for accessibility purposes will
be requested through individual park CIPs.
ADOPTION OF ADA PUBLIC GRIEVANCE POLICY:
The City of Chula Vista is committed to providing employment opportunities, services
and facilities for the disabled community as described by the Americans with Disabilities
Act which was enacted by the United States Congress in 1990. In the area of
employment, the City will commit to making reasonable accommodations in all hiring
opportunities. The City also commits to a qualified individual (as per the Americans with
Disability Act) the opportunity to participate in or benefit from public services, programs
or activities. If differences of opinions or unforeseen problems arise, and in spite of the
City's best efforts to eliminate disability discrimination or barriers to access, the City has
developed this grievance procedure in an effort to resolve any allegation of non-
compliance with the ADA.
The City's proposed ADA Public Grievance Policy allows members of the public who
believe they have been discriminated against by the City on the basis of a disability to
file a complaint with the City's Compliance Officer (Risk Manager). The Compliance
Officer will work the complainant and other City department staff as necessary to
.J.~ -1.2..
Council Agenda Statement
Americans with Disabilities Act
. Item # .,2..1'Page 13
June 14, 1994
investigate all charges of alleged discrimination. The procedure requires that a report
of findings be sent to the complainant, the Director of Personnel and City Manager with
an optional appeals process in the case where the complainant is not satisfied with the
decision of the Compliance Officer (see Appendix B).
This formal grievance procedure should not preclude the public from resolving any ADA
problems or issues on an informal basis. If the City and the complaining party cannot
reach a mutually agreeable resolution, then the formal grievance procedure should be
implemented. Employees who have an ADA related grievance should follow the City of
Chula Vista's General and Sexual Harassment Policy.
FISCAL IMPACT OF COMPLIANCE PROGRAM:
1. ON-SITE FACILITIES: Accessibility modifications to City facilities are required by
the ADA to be implemented prior to the compliance deadline of January 26, 1995.
These modifications have been estimated at approximately $260,000 in
construction costs for modifications to City facilities, and facilities at which the City
operates or supports programs. The Department of Building and Housing is
managing a Capital Improvement Program for the implementation of those listed
modifications not funded by other department's CIPs. The funding for these
projects has been included in the Budget for FY 93-94, listed under "ADA
Modifications - Ph I" or by individual site locations for City facilities covered by
separate department CIPs. For example, ADA modifications expected to be
completed by the Parks and Recreation Department are listed in the transition
plan under the Parks and Recreation Department with a funding source
designated as PRCIP. All available funding sources were considered, including
CDBG, RCT, PAD, and the General Fund, with $36,000 allotted for ADA
Modifications Phase I from CDBG during FY 93-94. A CIP request to fund Phase
II of the program from CDBG funds next fiscal year ($100,000) has been
tentatively approved; with a proposed Phase III for the same amount required for
full compliance. Approval of these CIPs will not allow the City's on-site facilities
to come into compliance by the Federally mandated compliance deadline
(January 26, 1995); however, staff believes that by approving the proposed
Transition Plan, the City is demonstrating a "good faith" effort to comply with the
intent and provisions of the ADA, and will continue to be recognized as a leader
in the field of ADA compliance.
2. STREET RELATED FACILITIES (CURB RAMPS): The FY 93-94 CIP included
$50,000 for the purpose of installing curb ramps on City streets. An additional
$50,000 of CDBG funds have been tentatively approved for this purpose for FY
94-95. While this amount will not allow the City to comply with the street related
modifications deadline of January 26, 1995, it will provide for the definite
.}..1'),3
Council Agenda Statement
Americans with Disabilities Act
Item # ~Page 14
June 14, 1994
. programming of these modifications. The overall estimated cost to complete all
necessary modifications is $2,986,000 based on current prices.
3. ALTERNATIVE METHODS FOR SERVICE DELIVERY: By utilizing alternative
methods for effective service delivery, the City is expected to reduce the estimated
amount required for full ADA compliance costs by at least $130,000. Minimal
costs are anticipated for implementation of this policy. These changes have been
incorporated into the proposed Transition Plan.
4. ESTABLISHMENT OF ACCESSIBLE PARKS AND RECREATION FACILITY:
While the cost for incorporating ADA specifications at the design stage for new
facilities is minimal, a relatively small alteration to an existing facility could
significantly increase the total cost for the project, as new elements serving the
modified area may be required to be modified to current accessibility standards
as well. For example, if accessibility is met in a play area through the installation
of resilient surfacing, then the restrooms serving that area would have to be
modified as well. Funds used to modify additional City parks for accessibility
purposes will be requested through individual park CIP's.
5. GRIEVANCE POLICY: The fiscal impact of implementing the ADA Grievance
Policy cannot be determined at this time.
Attachments (7):
(1) Appendix A - Proposed On-Site Transitty. n Plan .j
(2) Appendix B - Public Grievance Policy ~
(3) Appendix C - Curb Cut Inventory Spreadsheet I
(4) Appendix D - Facilities Inspection Checklist
(5) Appendix E - Public Information Meeting Flyer, Contacts, and Media Distribution 4J
(6) Appendix F - Personnel Brochures and Employment Application ~
(7) Appendix G - Minutes from Human Resources Commission Meeting of 2/1 o~
BWRlCS/MKJ.N/AS:yu
(M:\SHAREOIAOA-A113)
;J.:J. ~ /'1
RESOLUTION NO.
175'3 ;J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE CITY OF CHULA VISTA
AMERICANS WITH DISABILITY ACT (ADA) COMPLIANCE
PROGRAM AND GRIEVANCE PROCEDURE
WHEREAS, Council, at its workshop on January 28, 1994,
considered the City's Americans with Disability Act Compliance
Program and directed staff to solicit additional public comments on
the City's ADA compliance efforts and incorporate such comments
into the compliance program; and
WHEREAS, staff has held two additional public meetings
for this purpose, and is now presenting this plan to Council for
adoption; and
WHEREAS, the Human Resources Commission at its February
10, 1993 meeting unanimously endorsed staff's proposed on-site and
street related ADA compliance program.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby adopt the City of Chula vista
Americans with Disabilities Act (ADA) Transition Plan for on and
off-site City facilities as set forth in Appendices A and C,
attached hereto and incorporated herein by reference as if set
forth in full.
BE IT FURTHER RESOLVED that the City Council does hereby
adopt the Grievance Procedure for the American with Disabilities
Act, as set forth in Appendix B, attached hereto and incorporated
herein by reference as if set forth in full.
Presented by
Approved as to form by
tL./h.
Kenneth G. Larsen, Director of
Building and Housing
Bruce M. Boogaar
Attorney
Cl.ty
Candy Boshell, Director of
Personnel
C:\rs\ADACo.p.pln
>>-).5 /:z:u b
.
.
.
.
J~~
....r....
,
APPENDIX A
Americans with Disabilities Act
Transition Plan and Implementation Schedule for
City of Chula Vista Facilities
On-Site Facilities
This "Transition Plan" consists of two parts, Appendix A addresses required on-site public
facility modifications and Appendix C identifies all locations required to be modified to
provide wheelchair accessible curb ramps. The Plan is intended to fulfill the
requirements of Title II, Section 35.150 of the Americans with Disabilities ACt, which
requires local governments to ensure th.at all programs, services, and activities are
readily accessible and usable by individuals with disabilities. The City has evaluated all
facilities which it owns, operates, or provides services, programs, and aCtivities, and
developed a complete listing of all modifications needed to ensure accessibility and the
schedule for completion of each modification. While this effort is required under the
ADA, it may also be used as evidence of the City's leadership status in terms of local
government ADA compliance and our commitment to serving all members of the Chula
Vista community.
The plan will be used to implement physical modifications to existing on-site city owned
facilities or the location at which the city offers programs or services. Each modification
has been identified on the following pages by Project Year, Funding Source, City
Department using the facility, Location of facility, type of modification, and estimated cost
of the modification. The .project Year" is that in which the modification will be
implemented (1994 = FY 93/94; 1995 = FY 94/95; 1996 = FY 95/96). The proposed
"Funding Source" indicates the anticipated source of funding for the modification, or the
Department or organization which has the responsibility for funding the modification.
The funding source abbreviations shown in each section are as follows:
AMR LEG -
B&GClub -
YMCA -
PDCIP -
PRCIP =
CDBG -
American Legion (No city funds proposed)
Boys and Girls Club (No city funds proposed)
YMCA of Chula Vista (No city funds proposed)
Police Department Capital Improvement Program (CIP)
Parks and Recreation Department CIP
Community Development Block Grant
The first column in each funding source group indicates the department(s) or
organization which uses the facility to provide a service, program, or activity, followed
by the facility to be modified. The proposed modification to ADA Accessibility Guidelines
and California Accessibility requirements (with the most stringent to be implemented) has
been listed in the third column, with an estimated cost for implementation shown in the
last column. Full descriptions of the specific modification and installation specifications
have been completed, but not included in this document, and are available upon
request.
d~- \1
.
.
.
APPENDIX B
City of Chula Vista
Americans with Disabilities Act
Public Grievance Polley
POLICY STATEMENT
It is the policy of the City of Chula Vista to prohibit discrimination based on disability.
The public has an equal right to access all facilities, programs, employment opportunities
and services the City of Chula Vista provides for public use.
GEN!;RAL OISCRIMINA'(ION
Discrimination is defined as the act of "making a distinction in favor of or against a
person on the basis of the group, class or category to which the person belongs, rather
than according to the person's actual merit." These behavior may be unintentionally
directed at a member of the public, by the presence of barriers (physical or otherwise)
that impede an individual's attainment of employment or the utilization of a service or
program offered by the City, based on a disability covered under the Americans With
Disabilities Act of 1990 (ADA).
(1) Discrimination in Employment: "No employer covered under the ADA
shall discriminate against a qualified individual with a disability
because of the disability. . . in regard to job application procedures,
employee compensation, job training and other terms, conditions
and privileges of employment" (42 U.S.C. 12112). The City of Chula
Vista must make .reasonable accommodations. to the known
physical or mental impairments of otherwise qualified individuals
unless the result would create an "undue hardship" on the City,
based on the legal interpretation of these terms.
(2) Discrimination in the distribution of public services in Chula Vista:
The ADA states that" . . . no qualified individual with a disability
shall, by reason of such disability, be excluded from participation in
or be denied the benefits of the services, programs, or activities of
a publiC entity, or be subjected to discrimination by any such public
entity" (42 U.S.C. 12132). The City of Chula Vista must ensure that
all programs, facilities and services that are offered to the public are
free from barriers that would impede the utilization of such
programs, facilities and services by individuals with disabilities.
~~-!i
.
.
.
.
GRIEVANCE PROCESS
1. A job applicant, or member of the public who believes they have been
discriminated against on the basis of disability by the City of Chula Vista may
make a written complaint as soon as possible after the incident to the compliance
officer (Risk Manager, Personnel Department, 276 Fourth Avenue, Chula Vista,
91910). The Compliance Officer has been designated by the City of Chula Vista
to coordinate the City's efforts to comply with Federal and State laws concerning
discrimination in the areas of employment, publiC services, programs or activities
that discriminate on the basis of disability.
In order to facilitate the investigation, the complainant is encouraged to submit the
complaint within 30 days of the alleged incident(s). Where reasonable
circumstances prevent the filing of the complaint within this time period,
complaints received after this time period may be accepted.
2. The complaint shall include:
a A description of the offending behavior(s) or violations of the ADA;
b. Date(s), time(s) and location(s) of incident(s);
c.
Name(s) of alleged offender(s) and/or the City department that is
responsible for the public service, program or activity;
d. Name(s) of witnesses, if any and/or name(s) of individuals contacted to
resolve this issue on an informal basis; and
e. If you (the complainant) are being represented by another person please
Include their name and phone number.
f. Remedy desired.
g. Your signature (complainant), your name printed, a phone number and
address at which you can be ~eached.
3. Upon receipt of a complaint, the compliance officer or their designee shall work
with other City department staff as necessary to Investigate all charges. The
investigation shall Include interviews with: (a) The complainant (b) the person(s)
or department allegedly engaged in discrimination; and (c) any other person the
compliance officer believes to have relevant knowledge concerning the complaint.
Upon completion of all the investigation, the compliance officer or designee shall
review the factual information gathered through the investigation to determine
4.
~d-- 11
.
.
.
.
5.
whether the alleged conduct, program or facility constitutes discrimination, taking
into consideration all factual information, the totality of the circumstances,
including the nature of the alleged discriminatory conduct, program or facility and
the context in which the alleged incident(s) occurred.
The compliance officer or designee shall then prepare a written report setting forth
the results of the investigation and the determination as to whether discrimination
occurred. The results of the investigation shall be conveyed to the appropriate
persons including to the complainant, the person(s) or department(s) allegedly
engaged in discrimination, the Director of Personnel and the City Manager's
office. If the complainant is satisfied with the investigation and its result, the
complainant will sign the report to that effect.
6.
If it is determined that discrimination occurred or that public services, programs,
or activities were denied, taking into consideration the concepts of reasonable
accommodation and undue hardship as stated in the ADA law, appropriate action
will be taken.
7.
If the complainant is not satisfied, a request for appeal to the City Manager must
be submitted within 10 calendar days after the ADA compliance officer issues the
written report.
8.
Upon receipt of the request for appeal, the City Manager (or his/her designee) will
arrange a meeting with the complainant and/or the complainant's representative,
if any. The City Manager or designee will review the grievance, alternative
solutions, financial consequences, and other relevant issues. The City Manager
or designee will issue a final determination within 15 calendar days, unless
pertinent persons involved in the issue or incident are not available. A copy of the
final determination will be sent to the complainant for review, written comments
and signature. If the complainant is satisfied and the issue is resolved, the
compliance officer will seek to obtain written verification from the complainant.
9. Reasonable steps shall be taken to protect the complainant from further
discrimination or retaliation.
MKlAS
m:\I~"1v
~ ..,;).()
-A'EP t" -
.'
.
_.._tJlMl'IlItIEYFClll1HE/tIBICNIISWIlM-.n&N:f ~
_........ ~ 1lIIInnI...... tI ... 'lPtlf . b..
0INlII CoNIlion ....,. ... .-'" .
, . . 4 . .. , . . '0 " ,. n '4 'I ,. 17 ,. ,. 10 1\ WAll
1M.", ,0lIl
"''''''',) . 11\ . ", ,.. " 4 10 ,. III - . ,. It ,. 10 " ,. M ... ClIot TI
~
IM.",.OIII
....... ,.. ". 110 . NO . 4t . 17 . ~ , 1\ ,. '41 . 10 ,.. . 71 . " .,tIt If"
.",.. ClnI.....
.........., M '0 . . n . , . . 4 , . . . .- ClIot TI .
~
.",.. ClnI.....
......." 7 17 . . . , . , . , . It IlIA
1M on.... IIW.
......10-11 . . 10 10 17 , '0 17 . 10 4 10 101 ClIot TI
...... ........
1M ."" 0lIl.. ClnI
IIdt 0Nr.'" ...IC-II , . . , , , . ClIot '1'1
~
1M ."" 0lIl.. ClnI
IIdt 0Nr.1IlIIl"'" , . 4 . , . tI IlIA
II,MfIft..ClnI
......., 10 . 4 . . , 17 ClIot TI
......-
T Nor. 0lIl, IIW
1IlIol."'''' "'1 '0 10 It ,. 10 ,. I ,. '0 II n 17 ,. ,. . . 4 . 1\ . . 171 ClIot't:1
~
T Nor." on.
iIIW'''' ,.. 4 . 4 . , . , . . . . . , . It . tal IlIA
TNor..M~
.......,) . . I I . . . 4 It . " ,. 4 , 10 0. 't:1
......-
T Nor........ .
............ ....,1 . It 10 . 4 . " 0. 'C'/..
"""D/WL.... - .
"'''''''1) . 1\ , II . . . 10 . . 4 tI7 ClIot ''''I
~ .
"""D/Wa.a.. - .
......6MI . . . . 1\ . , , .. ""
Mor/D/WL.... - . '. .', .
1M 0IlI; .......... 7 . I M ClIot 'A'I
...... ... ...... ......
lit h__.__. eo , . ,. ,. It . It 4 I 4 . tI , 4 tI7 0.'1'/"
~f.' ......_4& _.....~.......
~......r . .1Il......._A"................L - - ........
......._ _Lr' .Iol.....-... .-.............- - A.......
,
..-
~d-'
.
~
>\1'1
0::2
::10
V'l-
I-
-
0.0
~~
<(U
tt
a
Z~
<{~
-z
.0::4
t-I-
Vllll
LJJ
C
UJ
11.
.
~I
t:~
.,~! ~
1II ~~ 3
III i~ I/llll
ct cia
U >~ z
......
::1:1
4;C
S
l-
I illl
a
fi
~2
1lI~
4( . III
...
a~
E
~~
wi
~IL
ul
i
.
----,
"
\
\
I
I
I
-~
, l
~c
~~
~ :z
\J
,
\.
% 2~
0-
.. _IC
~ i r
!~
~
oJ
> !~ ~..
Q:lfl ,
II" I.
:;)2 ai ..!
U"}2 u
l- E ...-
III --
- III
0.0 ~~ 'II i
~~ ~! I IL ~I
2 ~
<tU c i
eta w3 tr C
I! II
i ....
2b: 1111I
~l !!lo 3~
<tg flC :~
-z '...
. ~~ la ...- ..
Ii !
(J'l\l'l . :~!
~ ill~ II' .,:
zC
l.&J --0 I
i .....5
0. IllW ill ~.-) ~
-.~
: II
, W
.I
C
:I"
iliA
... 22
.... tile
.
~i
I
!II l"
61 I
~n -II
..i
!~
t9
~ >..
a: oJ
l/Illl!
cI I- II
V~II
..a
.
. . ~ , .
.
I>
PEDES'llUAN RAMP SURVEYFOR 1HEAMERlCANS Wl'lH DISABIlJI'IESACr (ADA)
PRlOlUTIZATION OFRAMP INSTAllATION IN RELATION 1'0 tlIIJ)UrlGCONDmONS
~-a3
-.
,. ~".
. .
.
.
.
CTTY OF CHUU YIST A
ENGINEERING DWISION
COST ESTIMDE
PROJECTnnE: ~ d PedesIrIIIn flIIn1l8
Amerlcllll Yt1Ih Dte"..,.1d (ADA)
CIty WIde PrqJ8Ill
DATIl:
Jll!PAIIIlD IY:
aBDDlY:
'-IoIoIoAa
Rsl PrIorIIy: hIlJf~ d P8desII18n
flIIn1l8 where SIdewlIIk, ClJb IIld
Gutter C\IT8nlIy &1st.
110. ~
1 Removalof~
2 Pedestrian Ramos. Case "A"
3 Pedestrian D_ . Case "C'
-4 Pedestrian . Case "E"
5 Curb and Gutter (see DOte beloW)
QUAIl'1TI'Y UNIf UNlfPlJ(Z
2.-497 FA S3OO.00
167 FA 300.00
7:15 FA SOD.OO
2.OS5 FA -400.00
37.455 LF 10.00
SUBTOTAL
ENGINEERING.t INSPECI'~
OONTINGENCIES (20% +)
TOTAL
crl/04/93
AWS
SMN
AIIOUN1'
$749.100
50.100
13~
~
S2.133.250
$426.650
$426.100
~(_:'iiiiz_:;'
.. .
. ..
. .....................
. .
Item 5 Dml1ves tbe iDltallDfinn of 15 feet of curb IIIIl ptterwith - ~1IIIIpo
b"ard Qmdi1ioDs: A-1; B-1; 1).1; P-1; IIIIl 1-1
~~..)~
.
'.
. .
.'
.
.
-; ~..-- .- .-. .. ------... -.-. ---
CITY OF CHUU YIST A
ENGINEERING DIVISION
COST FSlIMATE
.
PROJECT 1TTl.E: hIIalIeflnrl of PedesIrI8n RId · IPS
AmllI1caIIS with DIll abilities k1 (ADA)
CItyWIde P10gram
AU AU
al/04/ll3
AWS
SMN
DA'Dl:
IIIIlPAIIlD IT:
CJBmlD IIY:
8ecol1d PrIorlly: ~ of PdsIIIan
Rld · IPS Ytt1ere ClIb lI1d GulIer ExIst
without SIdew8Ik
110. Il1!M QUAJmTY UNrr UNrrrRlCl! AIIOtlIlT
1 Removal of . . Curbs 337 FA $100.00 $33.700
2 Pedestrian Ramos - Case "A" 14 FA 300.00 -I
3 Pedestrian Ramos - Case "C' lKl FA soo.OO
4 Pedestrian . Case "E" 243 FA 400.00
5 Olrb and Gutter (see DOte below) 5.OS5 LF 10.00 so.sSO
SUBTOTAL S225~
ENGINEERING &; INSPEcr. (20%) $45
CONI1NGENCIES (2O%f) $45.150
TOTAL JZu._i
-
Item 41Jml1va the iaF.n.tinn of 15 feet of curb and pttcr with - pedestrian ramp.
&-Ism1~'Cl;&1;G-l;andJ.3 .
~d.'~
..
"
. -
. .
.
.
.
CITY OF CHULA VISTA
ENGINEERING DIVISION
COST FSTIMATE
~CT~ 1he ~",.en181 CoIt* II hf-IIaIWl Dm!:
II PeclestrlII1 ~ 'JlIolVIlhe CIty IIIPAIIlDI1':
.8Ire8t~PlGglM'6'" -..A.--'-IY:
No ClIb nI Gl.dI8r cr 8IcIewaIk
CUrInIIy ExIst
08/'Z1/82
AWS
IMN
110. IDIM QUAImn' UIII1' UIII1'I'UZ MICMIT
1 Pedes1riaD~. Cue "C' 67 EA S6OO.00 =II
2 PedeslriaD . Cue "E" 157 EA 500.00
3 0Irb IJId Gutter (tee DOte below) 3J60 lP 10.00
SUBTOTAL Sl1A.700
ENGINEERING A JNSPECr~ 123.740
OONTINGENCIFS em +1 i'!U60
"166000
TOTAL .'."l.~'. ..' .
;,<<1 .. ,.,:"
.. 3Javohe1 iaItIDaticII of 15 feet of c:mb IIId ptterwlth IIdI ~ nmp.
- . JI....-z.ta1 cat. an It-tY.... COlt of iData1IiD& the rlIIIIJII. pIrt of allleet
Ilut-...~ project. "
~~'\o'. HIlldK
~~-~
"
"
...
....
,..,
-
N
...
-
o
.
-.
...
.. .
.. .
. ...
-..
....
Go
..
....
...-
-..
..
.
.
.
...
.
..
Iti:
. ....
,. .
.. -...
" ..U
.
.....
e ...
.. ...
e ...
e:
. .
.-
0"
_u
.. .
u.
....
oo.
....
..e:
.. -
.
-.
.
...
"
-
u
..
..
-
.
.....
.....
e
...
e:
.
.
-
.
..
e:
.
.
e:
..
;I
~
~
:;I
;I
;l
:i
::\
;;I
:.1
0000
0000
OGOO
0000
0000
0000
0000
0_0_
0000
0000
0000
:;f
:::I
:;\
:.1
;.I
.OGOO
0000
0000
OO_N
....N_O
j
UUUU
....
CoCCC
...."""'....
..
.
e
....
....
eoo
...
.....c
.-......
0....
u .e
... .....
M..,W..
..
oo..
..
~
J
..
........
....
...ee
o
......
~~..
.....-
-...
........
...
N
. .
.. -
-
_ NM"
..
o
o
o
N"
_N
. .
....
000000000000000000000000000000000
000000000000000000000000000000000
.
000000000000000000000000000000000
'.
i_
.OOONNOOOOOOOOONOOOONOOO~OOOOOOO~
o
000000000000000000000000000000000
o
oooooooooooooooooooooqooooooooooo
o
000000000000000000000000000000000
0_0000_00_0000_00___0_00_0.__00_
-, .....
,
o
...
OIl
o
000000000000000000000000000000000
o
000000000000000000000000000000000
o
000000000000000000000000000000000
o
OODOOOOOOOOOOOOOOOODOOOOOOOOOOOO
....
o
OOOOOOOOOOOOOOOOOOOOOOOOOOOONOOOO
o
00000000000000000000000-000000000
...
_OOOOONOOOOOOOOOOOOOOOOO-ONNOOOOO
...
,...-
~N..OOO..N....NONN.NON.--MOOOM.~~
-
-----------~---------------------
- - . . . . . . . . - ~ . . . . . . - . - . . . . . . . . . - . .
.................................
ccccccccccc<<<<ccc<<<<<<<<<<<<c<<<<<<<<<<<<<<<<<<<<
NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN
-
.
...
..
..
..
.
..
...
-
-
.
..
.
..
.
...
"
..
<< ..'
. .....III.........~..
~~~ ...>>>>>>>1,100
... >c<<ccccc
. c ...
....... .......0
- ~....~....~...~
....................""
. . . .'. :t :s :it :t :t ::I ::I ""
.. . . .cc _0000000
...IIIIII...........III...IIIIII.....III....III~~..........
_~.....OM..M.O~~M-..N.O~..~.~-.
NMNN NNMN__N N N_ NNM- _M M
. . . , , . I . . . . . . . . . . . . , . , . . . . . . I . I
O.OOMOOO________..--.M~MNN~M..O
------------------ - -
...
>...
e>
e
e
ue
e.
....
e..
....
"0
u...
......
...
....
.
o.
....
...0
......
.....
...
0..
..
.
...
..
e
...
..
.....e
..>
..ee
...0
u..
....
..
....
.. -
...
.....
. ..
....
..
e...
o
....
-...
......
...
..
...
.....
OIUC>1II
....c.
00... 0
....e.
M""..""
0...0....
.........
.
............
....
.
......
......
......
.................
.....~~""""""""""""
..................
cC<<ccc
......"".........
e.....
....
..
...ee
.....
000
....
....
--
. .
..0
--
..
o
.
:a
e
...
..
o
o
:a
0"
..>
...e
..
....
..
'.
.
... .
......
.......
... w :a
..:a:a CO.. ...
..c :a...ccc...
M....."" '_C...OM
_.... ...........0.....
""O""OO..~."'''''........
...""_......0 _c_c ....
...:a:a.............:a
..
. >
....e
..
... ..
oe..
........
.......
.....
.e
.e..
...,.....
..:II 0,
..e ..
u e...
..u...
...--
0...
..e ..
""..OW
...::11.....1,1
."'.....
..
u..
...
......
....
ee
.. ..
.
... ....
.. .....
e....
:ae
.
.....
....
ee
. .
...........
~....
..
>
e
..
e
..
e
..
.
..
eec
....
C~~...
.......
0...
"".........
<<---
.....
......
00
....
.....
......
-
..
~.~.
.._NM.~.~...-NM.~.~..O-NM.~.~
__________NNNNNNNNNNMMMMMMMM
-=)d;'~1
,;I
~
~:
DOOOODOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
'ooaooooooooooooooooooooooooooooooooooooooooooo
"
00000000000000000000000000-000000000000000000
OOONOOOOOOOOOOOOOOOOOOOOOO_OOONNOOOOOOOOOOOOO
~ OOOOODOOOOOOOOOOOOO,.OOOOOOOOOOOOOOOOOOOOOOOOOO
~ 0000..00..000000000000000.000000.......0000000
~ 000.000000000000000000000000000000000-00000000
~ __000_0_0000-0-----00000-...---.0-0.000-0-0000
~ .OOD..O..DO.OOO.O~OODODOOOO...O...O..O.ODOOOOO
~ 0.0000000000..00000.00000000000000000000000000
~ 0000000000000000000000000000000000000000-00000
~ 0...000000000000000000000000000000000000000000
~ OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOONO
~ 0000000000000000000000000000000000000000000000
~ OOOOOOO__N_ONOONNOO_OONOONNONOOOO_MOOO-NOOO-OO
tI
1
NN.NONN_MNM.ONNOONNM..N.NONOONNOO--ONN-O_NNMN.
N
i ----------------------------------------------
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...... .... .... .. .. .. .. .. .. ........uuuuu .. .... .. ...... .. .... .... .... ..
cccccc cc cccc c c c c c c ccccccccccccc .. .... .. ...... .. .... .... .... ..
NNNNNN NN NNNN N N NNN NNNNNNNNNNNNNNN NN N NNNN NN NN NN N
..
..
. .. ..
e ..
.. .. ...
. 0>
- ... ...
. ::> > ... . ..
.. .. c .. > .. 0
.. ... .. .. .. .. e .. 0 .. .. ..
:a.. . e .. .. .. :a . .. . ..0 . .. 0 .. .. ..
... .. ..... - . . .. .. .. . .. . ... .. . ... . . ..
0" . ,....... .. .. e . ... .. .. .....> .... .. > .. o. 0 . .. .. .
. . .. 0 cc,.> ... aa - 0 .. .. >e .. ... eo .... e .. .... .. ... :a .. .... .. ..
0" .. . . aee .... 0" c ..0 e.. .. e . c::>" o:a.. DC...... .. ccCC
.0 .. - c ... 0 ....e .. .. .:a - 0 .a 00 . :lo>.:a, .. - ...:I>CC :11:11:1:11
0" . .. . ...... ...ccu .. .. - . 0 .. ::>c .. oo.. O....C..... .... ... . ...>. ...AAGG
...... . . - ...- .......... :a - ::> .. .oo .. o. .. e >.. .... .... - .. .. . uCCCC
......._C. -- .. .. .... .. 0 .. a.. - ...... DODO." .... .... ... e ... .0000
. - 0..:::t...0 .oo - .00 C'" e ... - ..0 ...ae .,-..-. ..e :::tV<<OIll-C. ...
.......OGUU .... ......zzo. .. .. . ..... .. ........ ........- e.. ............>. ......
.
. ...
..............- .. .
. >>>>>>>>.....
...... CCCCccce.........
........ >..... ...... . ..
..........cww..>. ~~..~..~.~..
............ ... ..................... CC..C. "CCCCCCCCCCC
000000 ..o...............cc.. 0:11:1:1:1:1:1:1:1:1:1:1 ~
................. ............ ......0... .......D........ ..
............................cccccccc.~~...c:l...........eccccccCCCC..........
..............................................ccc _ .0......00000000000......
_____ oc...........................:::t~.~... -........... C
...............OOOOOOOOOOO.G...~........................-
._~NO.N_N.~~.'NN.......M-.~-.O..~~MMMOMOONO..MN
" _ N _N _M ________ -- _NNM -- _____M_NNN
. . . . . I I I I . I . I . . . . . . , . . I . . . I . . . . . . . . . . . , . . . . I . .
....--.~~..MMMMMMNN-......-~N~-NN--N--N-NN--NN
- -- ------------ - -
...-NM.~.~..O-NM.~.~..O-NM.~.~...-NM.~.~...-NM
MM..........~~~~~~~~~~..........~~~~~~~~~~....
. ..::.?'~,,~
00.0000000
;t
~.OOOOOOOOO
_NO 0 0 0 0'0 0 0
:;I OOOOOOOON
;I
;I
::1
:I
;\
~
;I
;I
~
;I
~
- .
000000000
00000100100
0000001000
0_00000--
00001000100
00000101000
0000000'00
000000000
000000000
000000000
Oo",_"'N"'NO
NN_"'_N_OO
~
---------
. . . . . . . . .
UUUUUUUUU
.........
NNNNNNNNN
...
>.....
C....
.
c
.
o
o
"
..
. ...
.. >
_ .e......
e... e..e.....
..:a:a:a.....
. .....0.
e...e..e..
....=-ooo~c
...CO.........
v......aw
..
.
tI
1
~
... .
........
..>>
ccc
>
. .. ..
.........
...e-
....
......0......
.
....
....
. .
.. ..
....
.
---
......."'._~N....
__M -
. . . . . . . . .
NNNNNN."'.
..."'........_N
.........
o
o
...
::\
0'
..
-
=\
..
..
N'
-I~
ot
+
..,
.. 1C\
.
-I'i:
o
on
;\
-
-
.
N
..
..
OJ
"
:a
.
.
...
>
c
_000-000-000000
00000000000000
00000000000000
00000000000000
00000000_00000
00000000000000
00000000000000
00000_0_0_0000
OOOOOOOOO-ONON
00000000000000
OOOOOO_OOOOOO~
OI"l_NN__O_O-O_O
_0000000000000
-\00 a 0 0 0 0 0 0 _10 0 0
-
+
;I
O___OON__ONOOO
_'0 0 _ 0 -lo 0 0 -10 0 -10
..............
. . . . . . . . . . . . . .
....uuuuuuuwuu
cccc..........
NNNNNNNNNNNNNN
..
o
o "
. ..
.
.. ..
...
.. ..
. ..
o
.. ..
........
.....
. .. III .
...... ...
..... . .
c . a~-
:ae.- ......
o:::liC. ..e...
c._.... .
ou~...ao
.c-o .....-.....
..........w:a
..
..
-
-
.
..
o
..
.
.a
..
..
...
u
-
...c
>..
C"
...
.....
......
>>
cc
....
....
...
..c
0"
...0
..
u_
..
..w.
..::a....
..oc....
......N
..
.
.
...
.>
..c
..
.
..
..
.. .
............
.. .w>>>_
...........ec..ec
.......
....
...........
----..----
eecc.......
aaaao............
.
....
...c
e... ..
.....0...
_::a ~.
.occ
e......u
N."'........."'N....-....
_ N _ _N_N
. . . . . . . . . . . . . .
....,.."'_..........................
-
N
..
..
..
-
..
..
...
Oft
0000_0000000000
000000000000000
..
00000000000-000
ONOOONNONNN-OOO
000000000000000
0000.000000.000
000000000000000
00__00000000-00
000000000000000
..
..00000.0000000
-
000000000000000
...
-
000000000000000
-
OOOOOOOOOOOOOON
N
000000000000000
...
OONONOOOOO.OOOO
Oft
NOON_OO....OOOONO-
...
---------------
..
-
.
N
..
..
-
..
o
-
..
..
-
. . . . . . . . . . . . . . .
ceccccccceccccc
..
c
...
.
---------------
.
o
c
..
-
..
.
c
.
...
..0
...
..
-
.
..
o
..
.
.a
..
.
. . . . .
.......
.......
e..eec.
...............
-----...
......
00000.
.....u
MN_N....
-
. . . . , .
..........
-----
"'................_N
.........0
---
"'......... ....
0..0 A.O
---~~-~~--
....u
....
....
ucc
......
..
.
..
...
>
u
o
..
.
..
..
.. .
c..
...
o
...
c
....
.
.c
.....
.
............
>>>>
cecc
.
........
>>>
ccc
.......
..................
.................
------
.................
.."''''..........
...................-
. . . . . . . .
.NNNNNNI"I
-
-.
N
.
-
-
"'.............0-
_______NN
---------
~..OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
~'OO.QOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
.'
"0000000000000000000000000000000000000000000000
~ OOOOOOONNOOOOOOOOOOOOOOOOOOOOOOOOONNOOOOOOOOOO
~ 0000000000000000000000000000000000000000000000
~ 0000000000000000000000000000000000000000000000
~ aooOODo.ooaooooooooo.ooooaooooooo.o..ooooooooo
~ _.___00000----00-000-0-0000------0000-0--0-0-00
~ ooooo.o...o.....o..o...oooo.oo.O.....ODOOOOOOO
~ 0.000..0.00000000.000000000000...000000000000.
~ .0000000000..00000000000000000.0.0000.00000000
~ 0000000000000000000000000000..00..000.....0000
= .0....0.000000000000000000000000.000-000000000
~ OOOOOOOOOOOO.OOOOOOOOOOO_OOOOOOOOOOOOOOONNOOOO
~ OOON_.OOONNNOMMOOOOO-NNNOOO_ONNNMNOO-NOOOOOONN
NNNO_NNOOOO.N_-NCNNNMONNMNN-N.OO-NOOONNNOONNNN
..
----------------------------------------------
i
----------------------------------------------
- - - - - - - - . - . - - . - . - - - - . - . - . - - . . . - . - . - - - - . - - - . . . .
cc~~~eccecccececcccccececcceccc...............
...
>
c
...
..
00
......
ooc
00'"
....
....c
....
......
>..
cc
.
...
.
.
o
II:
....
...
....
--
......
...
,.. III ..
c..,.. 00
> c... . ..
ac. "'~III>>
o ~. :a>~III"C
..:.:.:_ cc......
..:a cO. :auu
....cc........... ...
O........O....C.......
1.1....,.0.....-0..-
.....e o.c..ceo
.~o..:a..~"'..."
.....
ceo
.. ..
..c
...
...
o
..
.
0'"
11:>
C
>
...
c
. II: ...
o ...
.
-
.
..
...
...s
0'"
..
.
... ... ......
.u.:a ................
... .. ........c<<
..........ec--
ueec cc...
... _ ..........o:a:a...
o..........uu.e<<.
.._0"'-- -.........
.o.._c<<oo...".
_._...................ccco
........uu.....IEOO.
..
.. ..
..
...
>...
c>
c
..
..
-
....
..
cc
......
..
o
o
s...
.....>
>..c
c..
.
..
.
...
..
_. .c
.0.........
aO">"
see
...
..
0"
.-
...
c.
.
..
.. . ..
u......
>>c
cc
..
...
AO
...
....
.....
..-
......
..
..
.....
o.
...
co
...
_cc
0..
......
...
.......
...
..
_.e.
......:ac
.. alE
..-CO
00..0-'
..........oo.e
..:.:........
. .
..........
........
<<ee<<
..
..
..
o
..
.
......
>>
cc
.
. . . ... ... .. ... III III
... ............. .... ....
.. .... ...... <<...---
C ...c:a:a:a:a:a:a
.. ....c . ............ ·
........... . .. . ..... ...... ..........eeo..a..a .......
..:a.....................................~.....................................O......N........a.............O
..o~............IE.....................---......ccce........
__....0 << ec<<ce............. ....
........__________~~......w"...............cec......UUUUGD
~~..~~~.....~..N_..O.O~.N.MM.M.-.O...~....~.-O
N__ __ _MM~.M~ M ____N_N_NN - - N___
. . , . . . . . . . . . . . . . , . , , . . . , . , . . . . . . . . . . . . . . . . . . . .
...--....NNN.NN.=NNNNN-N--MM.M.~.M..====.C.:-.
.
...
..>
.c
o
..
..
..
o
..
s
,
)
NM.~.~..O_NM.~.~..O-NM.-.~..._NM.-.~..O-NM.~.~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ = = ~._~ = : : = : : : : : : : : : : = = = = = = = = = = ~ ~ ~ ~ = ~ = =~:3l
~ 0000000000000000000000000000000000000000000000
d_OOGooooooooooooooooooooooooooooooooooooooooooo
..
00000000000000000000000000000000000000000000
.00
:;I
;I
;f
~
::I
;;;I
~
~
;j
=.1
;I
:I
OOOOOOOOOOOOOOO_OOOOOOOOOOOOOOOOOOOOOOOOOOONON
0000000000000000000000000000000000000000000000
0000000000000000000000000000000000000000000000
0000000000000000000000000000000000000000000000
00000000_00000.0-0-00--00-0000-000000000--000-
.0.00..000000000000.000000000.......00.00..000
0..0.....00.0000.0..000....00.0........0....00
0000.000000000000000000000000000000..0..000000
0..0000000000000000000000000000000000000000000
0000000000000000000000000000000000000000000000
000000_0000000000000000000000000000000-000-000
.OOOOO-OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOONNOOOO
.._.....NN.....NNNN..NNNNN....N.MN.N..-NOONO..
1ft
~
----------------------------------------------
----------------------------------------------
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..............................................
....
>
oe
..
:a...
0
..
... . . ...
> ... . . -. 0:0:>
e . e ... u ... . ... ... 0 . ...e
. e ... ... ... ... > > ... ... 0 ...> . > ... . 0 e .
... - > . . . > e > .> e . . e ...> . .. >e . e >e oJ :0:'" 0
....c...... e - ... . e oe ......e >e .......... . ... e . 0 ... . e> ... .. > ..
. ..e >>> .>... ... c>>u ...e ..>.... .... c.. . :a .. . 0 . . ...e 0
0 ...ccc . _e:a ... >&....uec. ... ... cee- >e .. ...u. ...... u .... . ... e 0 u
e e ... . eo.e e .. . . eoJ > .e OoJ . u. oJe -... ...
..... .... ..... .. . CO ..0:0: ..oJ . ...0" . . e .. .. COK. .. .. 0 . oe 0 . . .. .
. .. .. ..00 e . - .e oJ.e -.. ..-.. e _oJ ..e . c -...... "oJ. .- ... .. -
.. .. oJ ... . oJ ..e . oJ. oJoJ'" oJ". .u... oJ ..ec... oJ ... ......... _.oJ .........0
.00111 - --...g><<....... -..... ...ee oc..ocu_COC..~..-o~.e......o..- "'oJ"
uuuo .. ...C..... ...u ....oJ ....o.o..........u..~~c..~.......c...
.
..
.
. .
. . . . ~ ~ ~
. .... ....... ~~~~~....
~~~~~~~~~..>>~.....
.............ec.. cce
~ ..........
..........................CCCCC~~~~~~~
. .... ........................................
.. ~~~~~~~......................~............oooooo... ·
C ...........&...&.&...&.&.&.&.&.ccc.......................~~~..
... . . .. . _OCCCCCCCCCCC....CCCC<<--- << .
.~~~~~~~............................oooo..&.&.&......~~~~ ~~~
~...... ........
o ...... .... ..... ..... .c<<CC'"
..........................................................................
M~~~.~~MO..-.~..MNO....M.....NN~~N~...N~NM.
N___N___N_ _ M MMMMNNNN--N---N _M - -- - M
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
....-.....oo..O......O.MMO---O--.-----~...~
- ----------------------------------
...-NM.~.~...-NM.~.~...-NM.~.~...-NM.~.~...-N
..~~~~~~~~~~..........._._._._._._._.:._.......O...O....=====:~:;
----------------------- .
:a
e
..
.
-
>
..
.
. ....
0 ..
1
)
....-
......
. . .
-....
~..3)
,~ OOOOODDDDDODODOOOOOOOOOOOOOOOOOOO.OOOOOOOO.OOO
~ OD~~OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
.
OOOOODOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
OOOOOOONOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
~ OOOOODOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
~ OOOOOOOOOOOOOOOOOOOOOOO~OO.OOOOOOOOOOOOOOOOOOO
~ 0000000000000000000000000000000000000000000000
~ ._0000000--0-0-----0--00000---00--0-0000-0000-
~ 0000000000000000000000000000000000000000000000
~ 0000000000000000000000000000000000000000000000
~ 0000000000000000000000000000000000000000000000
~ 0000000000000000000000000000000000000000000000
~ 0000000000000000000000000-000000000-0000000000
~ OONNOONO_O_OOOOOOONOO--OOONOOOOOOOOOOOOOOOOOOO
~ ONOOOOOO_N_OOOOOOOOOOO-OOO-OOOOOOOO-OON-ONOOOO
II
~
NOOON~OOOOO~N.NNNNONN_NNNM_NNNN.NNMO.NN-NNN.NN
...
i
----------------------------------------------
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..............................................
----------------------------------------------
u
0
...
...
. ... .
,.. . . . .. ...
. ... .. e .... . .. .. .. .. . ,..
... ,.. oe ... uu .. u .. .. . . , . e
,.. .. e ... ... . .e ,.. u .. .. ... . ..... ...
e ... .. ... ,.. ,........ ..... ... - e ..e 0 .. u . .. .. ..,.. ... ... .. ... ,.. ... ...
,.. .. . ..,.. ...e e"'''' ...,..... ..... ... ... .. .._cae.. e 0 .. e ....0" e ,.. ,..
C C 0 .. .. ..e ..,.. ce ,..c... ...e .,.. e ... ,.. .. ...AO.SA .. e ... .. ccoc c e
-.. .. .... ue ... .. c e .. .. c - ... c ... - CO" - . - ...... ... ~ ..
u.. ..e .. .:::a.~ ... ..... .. .. ... ,.. u . - ~.........o~_::toa ...... ...e .. ...
- ... ... 0...... .. .. .... e ... ... .... c .. - e. c.....c.c.. .. ...o.:::a .u. -
... _c.... ..:a..... . ..e .. . -......... .... .... .. ..ooo....U.. ... .... - . .... . .
... ....... - 0..... .. ......... ,...... .. . .... ..... .. oc ... ......... - .. ... . .
c:t......... ..._...cc- 0 :::a:::accc...oo ..._c__ e . . . . . .... .... ......... .... ...... ...
AWCCU. ON.......... U ......:aM...,.., ............. ................ ........ce IOU .... ..
..
..
c
. . ..
.. ..111111..... .. ...
............111........ ............... ..-..
...........cccc ...... ...
CCCCC .........~........
. ._.. ...... ~.ooooooooo
.0........................ CCCCC<<' . .. ...........................
...............................................................................
.......:t:t:::a:::a...........................................................
.._ ___0000 000000 c---- -----
...........................g.......................
..MM~.Mh.h.OMMM...M.~...~.-NMMM~N..M
N_MMNNM N M------ MMMNMMN - M_
I I I I I I I I , I . I I . I I I I I I I I I I I I I I I . I I . I I
._~~..~--NN.......h~~~~~~N~-----_..
N ------- --------
.
.. . .
.......
.0.....
..
..
..
c
....
..0
...
.
--
....
...
.
....
....
.
......
......
..................
_.....N_.h__
--.----
I I I I I I I . I
..~.N"''''..
..
. .
...
..
."'.h...-NM."'.h...-NM."'.h..O-NM."'4~..O-NM."'.h...
______NNNNNNNNNNMMMMMMMMMM.................."'~~~"''''~'''''''''~~'
NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN ~~
-
~ 0000000000000000000000000000000000000000000000
.~. ao~ooooOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOoo
"
0000000000000000000000000-00000000000000000000
NNOOOOOOOOOOOOONNOOOOOOOO_NOOOOOOOOOOOOOOOOOOO
0000000000000000000000000000000000000000000000
0000000000000000000000000000000000000000000000
0000000000000000000000000000000000000000000000
000000__00_0_00000___0_0000000000-----0-0-00--
0000000000000000000000000000000000000000000000
00000000000000000000.0.00000....0..00.0.000000
000000000000000000000000000000..00.0000..00000
oooooeooooooOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
0000000000000000000000000000000000000000000000
OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOONOOOOOOOOOOOOOO
OONOONOOOOOOOOOOONNNNOOOOOO-OOOOOOOOOOO.OOOOOO
OONN.NNN.NNNN.NOONOOONNNNOOM...N.NNNNNNNNNNNNN
..
~
----------------------------------------------
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
........ ........... .. . .. . . . .. . .. ........... . . .
-------------------------- - -------------------
..
.. ...
..
- ..
..
.. .
... ... . -
> ... >... .. .. .. e .
. e ... ... > e> ... - .. E ... . .. ...
... ... > ... > e e :0 .. u .. . > ... .. .. .. .. .. >
> .. . >... e >.. e ... ... ... ... 0 ... ... - . e .. ... u u u .. e
e .. ... ... e> eu > >.. . .. > 0 0 ... :0 ... >e .. ... ......... e . .. ..
. > > e . ... ... e e.. .. CO" .. .. .. eE ... > ..e c>>. .. ... ... .. .. e.. ee ...
.. .. e ... e .. ... ... . ...> e a. .. O. .. ....... . e ..... ee .. . u _u .. u ... .
. .. > ... .. . .. 0 ..e . 0 0 .. - . :0:0 . . .... .. .. ..... ... e u.. . ... .. .. .. .. ..
N e..e ..... ... u 0 - ... 0 . e ... .. "0" cou'" .00. .. ... ... .....u .. e .. u.. ... ... 0 a.
... .... > ... .... .. e O. . ........ .. - .... uu.. e. ... ....- .. H - .. "0 ...
00.. ... 0 ... .... . .. u u - 00 :a...c.... > ... - ......e - ee. ...E . e - ... .... ... E
.............. e .. .. ...- 0 ... e...:o ...... o*...c...c ee...... ..-.. . "H_ >e e .. .. - .... 0
......... ..... .. .. EE E E ..... :0:0 .u..~.o ....... 0..0 .. oe. - .. E a .. .. ..> :OU ..
.. . 0 0 0
.. .. .. 0 0 .. ... .............. ... ... ...
.. .. .. .. .. .......... > >>
.. .. > .. 0 cceccccc e ee ......
..... ... ... e .. .. >>
.. .... . 0 . e 0 .. .. .. .. .. .. .. .. .. .. .... .. ee
...0 00 .. . .. .. .. .. .. ... ... E .................... ... ...... ...
tI ..... ... .... .. .. .. .... 0 > .. 0 ..00000.. .. .... .. ... ...
0 0 0 ..... a. e 0 .. .......... . .. . .. ..
.. .. ~......... .. .. .... .. .... .. .. .. ......11I... - - - . . . . - .... ~cc.cccccc ee e . .
.. .. ...... .. .. .. .... .. .... .. .. .. MCWW" .. .. .. - - - .IC~." ... ... ................. ...... ... e e
... <<ccoooceeeec..oe...................................
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... ...... .................0000000000000
) - N .... .... ..- -. . - ....0 - _.~M...~""...-...-..O..~ -... ..--- -
- - N_ -- - - - ---- - .. ___NNNN--_N-N--- N NN _NN_ -
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ift.NIftIftIft~...... II\II\II\II\NO.........""--. "''''''''''''''''''''''''''''''''''''.....
NNN--- --- ------------
._N"'.Ift..~..._N"'.Ift..~..._N"'.Ift..h..._N"".Ift.h...-N"'.1ft
...........hhhhh~h~hh.....................O.O.~~~. ~
NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN"''''''''''''''''''~~_
~ OPOOOOOOOOOOOOOOOODOOOOOOOOOOOOOOOOOOO
~.OO~OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
;I
a;I
~
:I
:;I
~
a
:;\
~
;I
~
-I
)
OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOONOO
OOOOOOOOOOOOOOOONOO.ONNOOOOOODNOOOOOODO
00000000000000000000000000000000000000
000000000000000000000000000..000000000
000000000000000000000000000000000000-0
0_0_000_0000-0000000000000-00000----0-
000000000000000000000000000000.0.000.0
.000.0000000000.0000.0000,0000.0....000
000000000000000000000.0000000000000000
OOOOODOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
O_NOOOOOODOOOOOOOOOOOOOOOOOOOOOOOOOOO.
OOOOO_O_OOOOOOOOOOONOOOOOOOOOOOOOOOOOO
O_OOO_MOMMOOOO-OOONNOOOM-.NO-OOOOOOOOO
.O_N.N____.NNN-.O.NOOON--OON-ONNNNNONN
~
------------------------------.--------
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......................uuuu~uuuuu~uuuuu
--------------------------------------
.
..
c
""
.
. c
.. ..
. c .. ... ~
... D ... .. . ... > . .
>... c > c .. c .. . > 0 ... C D ... ... D
c> . c .. . .. .. . . . .. ...... c ...... > > . >
c ... ... . .. .. ... . .. .. .. .... D ... D >> >> C D DC ... .. c ..
. > . ,. D .. . > D . .. - .. > ,. .... ccace . D '> . ..
...c .. c .. c ..... > .. c.. ~c c..o "" . - 0 .. c ....w. ..
.c ,. .. .. .. ...c c . 0 .. .... c... c . "" .. .....0 .
.- .c .. c 0 . c .... c> .. c .. 0 ..... .... - .. . .. ....eeee.u
C" . .. - .... . - ccc .. > ~ .. . .. . _....M ..> ~ - ..
.... C.. . .... - .. .... ...c - .. - ..:ao>:t:to_:t .. o..e . . . ..
.. - ...._oee . 0 ...-...... .. . - . ..c ..oe........-e::>>... .c c
0,," u..........~ .. .. ou-v" 0 .. . .. ...... uua...u....,....cc... .
.
.
.. ..
woe .. ,.......
. . ....... ....... .c.....
........ ....... .......... .. ec .. ·
.......~O ..cc.,..~~... 0".
...c... ~c ~a w..~. .~
.............. C ..C22CO .. C
....cece cc....._c..oeca. 0 ...
...s..oo.............o..O ........ ...... ....
..oooo...........g.oo:t......c-..............................
c.................__,.....&I&I..........-OOO,......................
..ccc.ec:t:t-::t:t....... _M200M. - C..
oo.......~......M..........................--M~~...
.."NM..._.._M~~~N~....MNMMMNNMNMM-NNMO
~ _ N ___ _MMN- _N_ MMM - _.M__
I I I I I I I I I I I I I . I I I I I I . I I I I I I I I I I . I I . I . I
MMM.......M....NNO..---..-.....~NNNNM.
- -- --- - - -
. .
....
>>
cc
.~..O_NM.~.~...-NM.~.~..O-NM.~.~...-NM
....__________NNNNNNNNNNMMMMMMMMMM....
MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM
-
D
..
...
..
..
..
-
.
o
..
.
c
..
0_00
0000
.
0000
0000
_0_0
0000
0000
-
..
0000
..
OOON
..'
0000
..
0000
o
aOON
..
0000
..
N
0000
..
..
-
NONO
'..
N
..
0_00
..
..
-
-
....
. . . .
cccc
-
----
...
..
-
..
o
..
~
..
-
.
..
o
...
o
I>
..
..
.
..
.... .. ..
0> ..
C .
.. .. c
c ... .
.. CIII ..
.. .... ..
- o. C
,. .0 ~
...
..
. ..
. C ..III
.. . >>
.. CC
C ..
... C ..
- ~ ....
. ... ...
0 -
.. III ... ...
_N..
_N
I I I .
._MM
--
:. .; :::~ 3lf'
MM"'M
"
~
~
.0
:;l
;I
;;I
::1
::I
;j
~
:;;\
:;I
:I
;I
,
)
.OOO~OOO__OO~O_NNOOOOOOOOONOONOOOOOO~OO~_NOONNO
OOdOOO_OOOOOOOOOOOOOOOOOOOOOOOOONOOOOOOOO~OOOO
OOOOODOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
OOOOOO_OOOOOOOOOOOOOONOOOOOOOOOOOOOOOOOOOOOOOO
00000000_0___0__00-000000000000000000000000-0-
__OO_OOOOOOOOOOO_OOOOOOO-OOOO_OOO_N-O-OOOOOOOO
OOOOODOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO.
00__0_0000000-000000000000000000000000000000-0
OOONO_OOO"OOOOOOOOO_OOOOOOOOOOO_OOOONOOOOONOOO
OOOOODOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
OO..OOOOOOOOOOOOOOOOOO_NO-OOOOOOOOOOOOOOOOOOOO
OO_OO_OOO_NONOOON~OO_O__NO_MOONNOOOOO.OOONOOOO
0000_0000000000000000000000000000000-000000000
000000000000000000_0_0000000000000000000000000
ONOO_OO_OOOOO-OOO-O~OOOOO-_ONN-OOONN-NOO-ONOOO
NO_OOOO--OONOOOOOO-O-ON-OONOOOO-ONOOOOON-OOOON
...
i
..............................................
. . . . . . . . .. ................................
ceececceecccccecece...........................
----------------------------------------------
...
...
...
o
...
o . '"
o .... . 0 ....
O. .. 0........
. c... .....
.. 1,1......
..... ...... .01,1.1,1__
...... --... ..-- ..........-- ....
w...... .c_......__>C...o..
.eee .....~OU _'C. . a
.....~>.... .. o-e
A .. .000.......0--....
w~e~_'.o....-- a...~......
.coe.._..c......O...o...~
........<<co.e...<<....-<<....-...
..o.o........~.............
... .
......
..
..
o
..
..
...
.....
o
..
....
.....
...
...
0'"
......
......
>>
cc
o
>
...
..
...
0>
..C
.......
1II..c...e
.oc:.w.
c c
"SA_'_'
...c.... ...
.._.0".
..:::t.C
_00....
.....00.
..
'"
. ...
... >
...c
111>-' .
we o.
C...
:..oc
-......
...OeDOO
...UQ_,M
_..._0_
w.:lUG
...
.
-
.....
>...
c..
..
...
c
.,
... ...
...c >
>_ ~e
e....c
....:a...
.. G.
c:::tllle-
_'QUOAS
oac..."
a_s.e...
.. .....
........0...
-:a... ..
-.=- C.. 0__
0... .......e....
c.....C......U....
.............. --.
_..........o..=-
. O.:::t-C......... 0
C.o.......C.
.
...
...
...
c...
o. ..
o
0" ...
c... >
>... ..e
..... >
................... __. CUI
.........0 ... ...
. ................. ......
........ C................OO... o....co
................. 1,1 ................... ..
.....~...-.......-'..--..OOU......-.... ...
:::t=:::t:l:lD.O...........~......c...........-'.
00000. ...ooooocece.... c.e......
....._............OOCUUUU......
~~~"~NM~~NO~ON~...-..~.O..~.
_ _NN_N- - --~ -
I I . I I I I I I I I I I I I I I . . . . . . . I I I .
"MMMMM~M.MM.MM...MM..-.M....
- - -
.
...
...
..
>
...
..
..
...
...
.
...
...
...
>
c ...
... >
... ... ... > c ...... ...
.. .. > c .... ..
. c c ... ... ...
c ., . .. .. .. .. .... ..
.. . ... . . 0 ...... ...
0 ...... .. ... ... ......... ... - ... . . .. ...... ...
.... .. .. .. ...... .. .. .. - -.. ......
c 0 ... ceo ccc
... ..... .. . . ... .. ., --- ...
. .
................
>>>>>c
ceccc
.~._M._M.M...MN.~.
_ __ M N_ NN---
. . . I I I I . I I . . . I I I I .
M.MM.~~~~~..~.M...
-- ----
~3S-
..._NM.~.~...-NM.~.~...-NM.~.~...-NM.~.~...-N
---~~~~~~~~~~~~~~~~~~~~~~~~~~~~~=:===========
".
,~ _~_~~OOOOOOOOOO-OOOO_OOOOONO-OOOO.NOMOOONOONO
~ ood"oooooooooooooooooooooooooooooooo000000900
ttoooOOOOOOOOOOOOOOOOOOOOOOOODOOOOOOOOOOOOOOOO
~ OOOOODOOOOOOOOOOOOOO.O.OOOOO.OOOOOOOOOOOOOO.
~ _000000000000000000000000000000000-0-0000000
~ 000_0_00_00000000-0000000000--_0000000-_0000
~ 000000000000000_0000000000000000000000000000
~ 00000.__0_000000000000000000000000000-000000
~ .OOONONNOOOOOOOOOODOOOOOOOOOOOO-OOOOOOOO--_O
~ ..000000000000000000000000000000000000000000
~ 0000000000_000000000000000000000000000000000
~ OOOOOOOONN_NNNO_MONN__N_NON-OOONOONOONOOONON
~ OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOONOOOO-OO
~ OOOOOOOOOOO_OOOOOOON__O_OOOOOOOOOOOOOOOOOOOO
,
~
O_O_ONOOOON_NOO-ONOOOOOOOOOONNN-OOO-OOOOMOOO
NNO_OOOOOOOOOO-OOOOOOOOOOOOOOOOOOOOOOONOOOOO
..
-
i
............................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
............... ........ ....... ........uuu uuuuuu ..
----------- - - ---...------------ - --------- -- -- -
. ... ... ... .
e ... .. . ... 0
. .. . .. e .. ..
.. . 0 _::0 ..
... ... . .. .
0 ... .. . .. ..... 0
... .. . .. . . .. CD .
.e... . ...... ... a~=->
.. ......... - ...... .. .0........ ..
.. ....... .. .... . .. e . . .
e .. . ,.. . .e .. .... .. . e . . .. -... ....
.. .. .. ... ... 0 ... e 0 ,.. e ...... ... - .. .. .... . .. ... ...... ..
.. .. ........ ...... .. ... ... ,.. . .. .. .. .. 0 ...... ... .. .. .. ..... ... .. .. . .. ... 0 ee
..e .. C>>> .....e .. ... ... - ... e 0 ,.. .. .. . ..e .. .. .. .. ..... ...... - .
,.. e eee e. e -.... .. 00'" - - 0 .. ......... e . .. ..e :a.. . . ...
... 0 .. e ... o..e e ... ... =-.....- ... ... .. .. ... e.. ...... .. . > e .. 0 H
. . . e . . .. .. .. ... ...... .. ... ..... 0 ... .. ... .... 0 ... .. .. e .. .. .... .. ..
... o. e .. . ... ... . . .. ......u .. .. . - .. . >> .. 0 ..... ... ::0 .
. .. - . .. e ... ... - .. - . ... oocOC ... .. coooox- ...... .. - -- e - . "C"o ... .. ..
e ..,.. ...0 . ... ::0 .. . e - .....-....-<< 0............................ ..... e . ee a.OC""_ . . ...
.. .... e.. .. ... ...a .. .. .. . ...O......u w...... .0 .. .. ...... CC..OC'" - .. .
. .
..... ..
.. .
.
.
...
00"
a ~~..
.00. ...
...<< Ccc
. . ~.. .. . UUU
. ...................................................... ...........
.........>>>>.>>...............0>>>>>>>>>>...... ccc .. .....
.....ccccccccwww.. ccccccccccc.......... --. >
CCCC..... cec ..e.............C
.................................>cc DD.O...........~"...~~..cccc
............... ..0................ ...... ....a
...-'..................oo...oooooooooo.........-.c~~~..OOOO.
......CCCCCCCCCCCC-'....uuuuuuuuuu.....-'....o...---'...-'...
ccc...................ccc...........................~............~....cccccc.
...oooooooooooo.............................NN.-- .............
~..~."...~-_..-M...~~..~...~.OO...ONO-N-NN-:=~
____ N _ N ___N --- --
. . . .". . . . . . . . . . . . . , , , . . . . . . . . . . . . . . . . . . . . . . . .
~...~MMM.M.....M"...............~~~~~..MMMM.
--- - ---
......
>>>
.........
...
.
....
....
~..~
~~~~~~O_NM.~.~..O-NM.~.~..._NM.~
_______A_DDO.-------.--N~~~~~
.~..O_NM.~.~
NNNNMMMMMMM'"
-- ~- -- ......~ - - .. - .. .. ..
~ - ... ,. . ~ ...
.- .-
~ .
... ...
.
~ -
.. ... ..
c-
... -
:;I :;I .. . ~
... ... .. .. . -
... .0 ... .
.. ,.. :0
;I ;I C .. .. .
.. 1ft - ...
- - .. ,.. -
. 0 .. .
:;l :;l . -
.. .. ...C .. ..
N N . ,.._0 0
- .. - ..
~ :::1 .. . .. ...
- ... .)0.. A 0:
.... ... .
.- ,...
:j :j C .. .. . .
. - _0 .. ..
... - ,..... .
- ....... ..
::J ::J . ...- ..
.. . ... ... ..
N N )0..0. .
...-..
:;,1 :;,1 .. ..
.. .. .... a.. ...
.. .. 0 ..
- . ..
;I ;I .. . . ,.. ..
1ft ... 0... .. 0:
- .. ... . ..
.. .. .
~ ~ ...... 0: ...
.. - 0 .- ..
... .. . ......
. 0 .. .. ~ .
::.1 ::.1 . .. :0 - - -
1ft .. .. ... .. ... :0 .
- .. .. 0 :0 .
.. 0: .. . ..
;I ;I 0: .. -- .0 ... 0:
.. . .. -... 0: 0: - .
... ... . ... 0 . .
- .- - . .
~ - .... 0: :0 0: ... .
... . .... 0: 0
1ft - ..... - ... . ...0: . ..
N 0 . .. - .. 0 ...
;I .. .. . .
- ... .. :0 0: :0 .. ..
... ... - .. .. 0 .. . -
... ...- . . . . .... -
i " . . .. . .. 0:
...C . u .. ..-
.. . 0 0: . 0: . ...
- . .. .. o . 0 .. .
.. . .. - .. 0:
... 0 . .. . .. ... .
- . .. . .. .. .. ..
. 0: . 0: . .. .
,.. .. . .- . - . " .. ..
.. . 0:... .. ..... 0
- - 0 0" . . . .. .
.. . -- - .. _... r:: 0:
0 .. .. . :0 0: ,..0:. ..
0 .. -- .. 0
.. ~ . . . - . .
... -- - .. . - .
- ..0 ..C IC 0:
0: 0: 0: ,..- ,.. . 0
- 000 .. .. ..,..
. --- -... - .. . .
.. .. .. .. .. ..- . .
0 .. .. .. . . 0 .. ... ...
~ . . . _.._0
. . . . .....- ....
... .. .. .. ........ . .
.. . . . . ... 0: 0:
.. .... .. ...... :0 .. ..
0: 0: 0: 00 0 0 o 0
- - ~.. ... .. .. ..
. . . . ....
. .
C .. .. ... N_ O . .
.. ..
.. ..
.. ....
.. -
. .
... .
,.. . - ..
.. ...
,.. ,..
.. ..
, .. ..
0 0
-
.. ..
... ...
) ~~ 3>1
.
.
.
. . ,"
~
.
.
.
.
AMERICANS WITH DISABILITIES ACT .
COMMENTS
DEPARTMENT:
SITE:
ADDRESS:
DATE: .
INSPECTOR:
1lte discrepancies _d below are a result of a.urvey conducted at the lite .lferenced
above In accordance with l1tIe " of the Americans with Disabilities Act.
J.QW1QH
.
.. .
.
~
of
)
~.3~
.. 1ft -
.
.
. .
..
.
AMERICANS WITH DISABILITIES ACT
COMMENTS .
""'"
,
.
DEPARTMENT:
SITE:
ADDRESS:
DATE:
INSPECTOR:
The discrepancies listed below are a result of a survey conducted at the lite referenced
above In accordance with Title II of the Americans with Diaabilities A/;t.
~
""'\.
.
""'"
(page of ,
:
'>>-31
- ,-
~~. 4 D
_A_
.
.
.
.
.
. GUIDE ADA OK DEFICIENT COMMENT ""'"'
Pg# REF#
8. ~ (Continued)
~ 30 4.16 [ ] ( J [ J
HEIGHT 30 4.16.3 ( J ( J . ( J
,
CONTROLS 30 4.16.5 ( J [ ] [ J
DISPENSERS 30 4.16.6 ( J ( J [ ]
~ 30 4.19 ( ] [ ] ( J
ACCESSIREACH 31 4.19.3
4.19.4 ( ] ( J [ ]
HEIGHT 31 4.19.2 ( ] ( ] ( ]
CONTROLS 31 4.19.5 ( J ( ] ( ]
ACCESSORIES 31 4.2.5 -...
4.2.6 .( ] ( ] . [ ]
MIRRORS 32 4.19.6 ( ] [ ] [ ]
URINALS 32 4.22.5 ( ] [ ] [ ]
HEIGHT 32 4.18.2 [ ] [ ] . ( ]
CLEAR SPACE 32 4.18.3 ( ] ( ] [ ]
CONTROLS 32 4.18.4 ( ) [ ) ( )
SHOWERS 33,33 4.21.2 ( J ( ) 1 J.
ACCESS 33 4.23.8 0 ( ) 1 J lo J
SHOWER UNIT 33 4.21.8 [ ) [ ) 1 )
CONTROLS 33 4.21.5
4.27.4 [ ] ( ) [ ]
GRAB BARS 33 4.21.4 ( ) [ ) ( ) """
a-~ L.\ \
-7-
GUIDE
ADA
OK
DEFICIENT
COMMENT
Pg#
REF#
4.
STAID (Corednued)
RISE
22 _4.9.3
RUN
22
4.92
I ]
I ]
I
]
GUARDRAILS
22
724
[ ]
I ]
I
]
HANDRAILS 22,23
4.9.4
[ ]
[ ]
I
]
SHAPE
23
4.9.4(4)
[ ]
[ ]
I
]
HEIGHT
24
4.9.4(5)
I l
I ]
I
]
PROTRUDING OBJECTS
24
4.4.1
I ]
[ ]
I
]
• 5,
FLEVATORS
25
4.10.1
[ ]
[ ]
I
]
SIGNAGE
25
4.10.3
4.10.4
4.10.5
[ ]
I ]
I
]
CONTROLS
28
4.10.12
[ ]
[ ]
I
]
Spy
27
4.10.9
6.
RESTROOMS
28
422
[ ]
I ]
I
]
ACCESS
28
422.1
[ ]
I ]
I
l
DOORS
28
422.2
SIGNAGE
26
4.12(7)
I ]
I l
I
]
HARDWARE
28
A4.13.9
[ ]
I ]
I
]
TOILET STALLS
28.28
4.17.1
I ]
I ]
I
]
SIZE.
28,29
4.17.3
I ]
I ]
I
]
GRAB BARS
30
4.17.6
I ]
I ]
I
]
as y z-
. .
"
~ ~
GUIDE ADA OK DEFICIENT COMMENT
Pg# REF#
1. ~ 16 ".30.1 1 J 1 J 1-' J
2- 16 ".3 1 J 1 J 1 J
CORRIDORS 16 ".3.1 1 J 1 J 1 J
WIDTH 16 ".3.3 1 J 1 J 1 J
RADIUS 16 ".3.4 [ J [ J [ J
SLOPE 17 ".3.7 [ J [ J [ J
PROTRUDING
OBJECTS 17,18 ".4.1 [ J [ J [ J
GUARDRAILS/EDGE
PROTECTION 18 4.8.5
4.8.7 [ J [ J [ ] ""'"
BARRIERS 18 4.4.1 [ ] [ J [ J
3. 1
~
PUBLIC COUNTERS 19 ".32. 1 [ J [ ] [ J
HEIGHT 19 ".32.4 1 J [ ] f )
DEPTH (UNDER) 19 ...32.3 1 J 1 J [ J
REACH 19 ...2.5
...2.6 [ J [ J [ J -
RADIUS 21 ...2....1
...2.4.2 [ ] [ ] [ ]
, ... mlBWm 22 ".8 [ J [ J [ ]
WIDTH 22 724 1 ] 1 ] . [ J
""'"
1READS 22 ".8.2 [ J [ ] [ ]
-5-~,\~
.
.
4~ 1.\4
- 4-
GUIDE ADA OK DEFICIENT COMMENT
Pg# REF#
....... ....-.
~.
4. ~ (Continued)
SLOPE .6 4.3.7 [ J [ J [ J
, .
EDGE
PROTECTION 6 4.8.7 [ J [ J [ J
LANDINGS 6 4.8.4 [ J [ J [ J
HANDRAILS 6 4.8.5 [ J [ J [ J
SHAPE 6 4.8.5(4)
4.26.2 [ J [ J [ J
HEIGHT 6 4.8.5(5) [ J [ J [ J
PROJECTIONS 7,8 4.4.1 [ ] [ ] [ ]
BARRIERS 8 4.4.1 [ ] [ ] . [ ]
SURFACE 8 4.5.1 [ ] [ ] [ ] ~
5. m:6IRWAYS 9 4.9 [ ] [ ] [ ]
WIDTH 9 124 [ ] [ ] [ ]
tREADS 9 4.9.2 [ ] [ ] [ ]
RISE 9 4.9.3 [ ] [ ] I ]
RUN 8 4.9.2 [ J [ J [ J
GUARDRAILS 9 124 [ J [ ] [ ]
HANDRAILS 10 4.9.4 [ ] [ J [ ]
. SHAPE 1",2 4.9.4(3)(4) [ J [ ] [ ]
HEIGHT 12 4.9.4(5) [ ] [ ] [ ]
.
I. ~ 13 4.14 [ ] [ ] [ ]
~
- 30-
d~"~<'
.
, ,
. . ' '.
.
.
"
.
.
.
"
mEBIQB
GUIDE ADA OK DEFICIENT COMMENT
Pg# REF#
1. ~ (4.30) 1 4.30 I ] I ] I ]
2- ~ (A 4.6) 2 4.6 I ] I ] I . ]
LOCATION 2 4.6.2- I ] I i I ]
SLOPE 2 4.6.3 I ] I ] I ]
NUMBER 2 4.6.1 I ] I ] I ]
SIGNAGE 2 4.6.4 I ] I ] I ]
STRIPING 2 T24 I ] I ] I ]
. SIZE 3 4.6.3 t ] t ] t ]
CURB RAMPS 4 4.7 t ] I ] I ]
3.
ZQW 4 4.6.6 I ] I ] I ]
SIGNAGE 4 T24 t ] t ] t ]
STRIPING .4 T24 I ] I ] l. ]
CU~ RAMPS 4 4.6.6 I ] I ] I ]
.
ACCESSIBLE
ROUTE 4 4.3.2(1) I ], I ] I ]
SIZE 4 4.6.6 I ] I ] I ]
4. ~ 15 4.3 I ] I ] t ]
W/lJ..KWAYS 15 4.3.1 t ] I ] t ]
. RADIUS 15 4.2.3 I ] I ] I ]
RAMPS 8 4.3.7 I ] I ] I ]
WIDTH 15 4.3.3 I ] I ] I ]
~-4~
A
.
. . .
APPENDIX D - FACILITIES INSPECTION CHECKLIST
.
"
.
~
DEPARTMENT:
SITE:
ADDRESS:
DATE:
INSPECTOR:
this checklist summarizes the results of an Inspection of your facility. The Inspection was
conducted in response to the newly enacted Americans with Disabilities Act (ADA). Title
U of the Act Prohibits discrimination on the basis of disability by public entities.
The results of this access assessment survey will be used to assist the City In compBing ~
. 1he federally mandated "transistion plan". ThIs "translstion plan" will Include a detailed
description of all modifications that must be accomplished and a schedule that calls for
cOmpletion of the deficiencies by January 26, 1995. The "Iranslstion plan" must be
developed, offered for public Input and ultimately approved prior to July 26, 1992.
.
To understand the results of the survey sheet,note those rows Iclentified as 'deficient' and
find the corresponding 'comment number'. The apeclfjc comment can be found on the
.heets attached to the rear of the checklist. The comment will Include a description of
the location of the deficiency, . reference to the appropriate GUIDEUNE Hction and a
brief explanatory comment. The reference number applies to the appropriate Hction of
the ADA ACCESSIBIUTY GUIDEUNES, which II -'to Included with thIa IUW)' package.
. Upon receMng these survey results, you .,. encouraged to review the apecIfic guldeDnes
., c:IetaIJ and then CDrltact the Department of BuIlding and HousIng to arrange for .
fneeting to d1sC!JSs these findings with . member of the lnIpectlon or plan review Itaff.
Department Itaff II prepared to act as . techrilcal rtIource to provIdt recommendations
on methods of resoMng outstanding deficiencies.
"""'"
-1-
dd-.A1
~
, ,
.
.
.
,
SPECIAL PuBLIC MEETINGS
DISABIliTY ACCESS
to PROGRAMS,
SERVICES, ACfMTlES
What: Meetings for members of the public to meet with City
of Chula Vista staff to find out about and give input to
the city's compliance program for the federally-man-
dated Americans with Disabilities Act (ADA).
Whm and whue: Thursday, April H, 1 p.m., Rooms 10 &: 11 at the
Chula Vista Norman Park Senior Center, 270 F St.
Tuesclay, April 19, 4 p.m., Conference Rooms 2 &: 3,
Chula Vista Public Services Building, 276 Founh Ave.
Who: All interested individuals are invited to attend or
submit written comments.
Individuals requiring special accommodations to patticipate in the
meeting are encouraged to contact the Depattment of Building and
Housing at least 48 hours prior to the meeting to discuss their needs.
he City of Chula Vista is taking aggressive aaion to ~re that
its programs, aaivities and services are accessible to individuals
with disabilities. After surveying city-owned facilities, a draft
"Transition Plan" is being offered for public review and comment.
This plan contains a list of potential modifications to bring the
city into compliance with the ADA.
While Chula Vista has made considerable effon to ensure
access to recreation programs, libraries, parks, public buildings, and
employment opponunities, the city recognizes that the best source for
insight imo the needs of individuals with disabilities are individuals with
disabilities themselves.
For funher infonnation or a copy of the draft "Transition Plan: please
contaa the Depanment of Building and Housing at (619) 691-5007 or
TOO 585-5647. Written commems are appreciated and should be sent to
the depanment at 276 Fourth Ave., Chula Vista, CA 91910.
~~~
Wfti
CH8lA~ ~48
e-...........-.
, ,
S...... Goldstein
9.arrett Ave.
. Chula Vista. CA 91911
Lennis Picha
434 F St.
Chula Vista. CA 91910
Esther Lassman
264 Rogan Rd.
Chula Vista. CA 9~910
Brock Seaton
534 ESt.
Chula Vista. CA 91910
Anne Marie Olechnowicz
926 Finch St.
.ajon, CA 92020
Accessible San Diego
2466 Bartel Street
San Diego. CA 92123
Please Postl
Arthritis Foundation
9089 Clairmont Mesa Blvd.,
San Diego, CA 92123
Please Postl
City of San Diego Disabled Svcs
1200 3rd Ave., Suite 924
San Diego. CA 92101
Please Postl
Deaf Community Services
3788 Park Blvd.
San Diego. CA 92115
pAostl
Developmentaily Disabled
San Diego Regional Center
4355 Ruffin Rd.. '205
San Diego. CA 92123
rCi\eJ (\~U 'S,1)"1'I
Disabled American Veterans
2022 Camino del Rio North, #202
San Diego, CA 92108
Please Postl
Epilepsy Society
2055 El Cajon Blvd.
San Diego, CA 92104
Please Postl
San Diego Center for the Blind
5922 El Cajon Blvd.
San Diego. CA 92115
Please Post I
SDSU Disabled Student Services
San Diego State University
San Diego. CA 92182-0579
Please Postl
UCSD Disabled Student Services
9500 Gilman Dr.
La Jolla. CA 92092
Please Postl
USD Student Affairs
5998 Alcala Park
San Diego, CA 92110-2492
Disabled Student Services
300 Southwestern College
900 Otay Lakes Rd.
Chula Vista. CA 91902
Carol Nottley
AIDS Foundation - San Diego
4080 Center St.
San Diego, CA 92103
Please postl
A. Robert Tierney
HLCC Group
4660 Ave., Ste. B
Coronado, CA 92118
Heather Seagel
Heather's Helping Hand
539 Telegraph Canyon Rd., #348
Chula Vista, CA 91910
.
United Cerebral Palsey Assoc.
3821-C Calle Fortunada
San Diego, CA 92123
<;;'(1..-" Ar,,,,,-lt
'fU 1J"f'I~$ 9-
cl....Io.. 1I.,h.., c..A- '11 q II
~ry G;v:d",
8i'oL/'1 /Voet: ~ A\J12.
Sr"a v,,-(r~1 C..f 'llt17-
~..1.{7
.
RADIO SfAll0N-NEWS
(AIL)
SHADOW _
ICBZS-FM
ICFMB-AM/FM _
KFSDIFM _
KGB-FM
ICJQY-FM _
JOO.Q-AM/FM _
ICPBS-FM _
ICPOP-AM _
KSDO-AM/FM _
KSON.AM/FM _
. KYXY-FM
XHKY.FM ~
XHTZ.FM _
XLTN-FM _
XTRA-AM/FM
KURS AM/FM'SL
.
RADIO-PUBUC SVCS CALl.)
ICBZS-FM
ICFMB-AM/FM _
KFSD-FM
KGB-FM
IOFM-FM _
ICJQY-FM _
KKLQ AM/FM_
KPBS-FM _
KPOp.AM _
KSDO-AM/FM _
KSON.AM/FM _
KYXY-FM _
XHKY.FM _
XLTN-FM_
XHTZ.FM _
XTRA-AM/FM _
.
TV-PUBUC SVCS CAlLl
lCBNT - CHANNEL 19 _
ICFMB - CHANNEL.S_
KGTV - CHANNEL 10 _
KNSD - CHANNEL 39
Im"Y - CHANNEL 69 'I
(calendar)
KUSI - CHANNEL 51 _
SO BUSINESS JOURNAL~.
DAILY TRANSCRlPT 'X_ .
SAN DIEGO MAGAZINE_
SO HOME/GARDEN _
COUNTY NEWS SERVICE
ASSOC PRESS
LA TIMES
SO U-T/CURRENTS_
SO U.T/NIGHr-DAY _
SO UNlON- J!!-?'\O
.6J> u- 'PT/
y
STAR NEWS ~
.RJtt 'I!Il.lIi!S'
UNlON.TR1BiiN"EL
(pauline Repard)
NEIGHBORS L
NEIL BAIL K .
~~JYv(Jtf 0 JC
SPECIAL INI1!REST CAlLl
BAJA CAlJFORNIA )(
LA PRENSAX .
AHORA NOW)(.
Ex. LATINO r
Ex. SOL DE SAN DIEGO X
SO MONITOR NEWS ~
SO VOICE .. VIEWPOI~L
1liE F1UPINO PRESS
1liE EXPRESS~"
Ex. MEXlCANO C::-
SO ASIAN JOURNAL'll
READER _
SAN DIEGO LOG _
S.D. INT'NAL TIMES'f,.
TVSTAl1ONS-NEWS C.I.'l\
ICBNT - CHANNEL 19 _
KGTV - CHANNEL 10 _
KNSD . CHANNEL 39
KUSI - CHANNEL 51 _
XEWT - CHANNEL 12 _
ICFMB - CHANNEL S
REG NEWSPAPIlRS/ MAGS
rAlLl
, - - .' ~ .
~'5P
'IJ)\0
ASIAN ANNOUNCER'x:'
WATERFRONT NEWS-
SO FAMILY PRESS iL -
SO PARENT MAGAZINE )I:
1liE SUN (SW COLLEGE) )L
CONVIS
SENIOR wo~ '::L
BIA BUILDER
HIGH SIERRA_
WEEXLY 11MES m
M1!:r.1o'11ANEOUS CAlLl
CV C OF COMMERCE X
VISITOR INFO ~ V""
MEXlNSUR . VlC
SO. COUNTY me X
BUSlNESSAcnON
CAPIO - SACRAMENTO 'X
DBA".
U.S. CENF. OF MAYORS_
IN-HOUSE DlST. . I
COUNCIL ~O-L
ADMIN -1:S-
OTHER
e:;.- ~ R
/BYfI .
I-~~-
. tP~
RECEIVED
APR 041994
CITY OF CHU
r '''' DIN' LA VISTA
-'. G & HOUSING DEPT.
-
.~..-.- -~-_. ~ ---::-,...-...--~. -.
,
~
APPENDIX G
,
,
MINUTES OF A REGULAR MEETING OF THE
CHULA VISTA HUMAN RELATIONS COMMISSION
February 10, 1993- 5:00 p.m.
Council Conf Room
MEMBERS PRESENT: Chairman Howell, Commissioners John Allen,
Elizabeth Allen, Hashimoto
MEMBERS ABSENT: Commissioner Slovinsky (excused absence)
Commissioners Delehanty & Hicks (unexcused absences)
STAFF PRESENT: Brad Remp, Assistant Building & Housing Director
Bill Gustafson, Transit Coordinator
APPROVAL OF MINUTES - MSUC (E. Allen/J. Allen) to approve the minutes to the
meeting of November 11, 1992 as prepared by the Commission Secretary.
.
DISCUSSION OF EXPANSION OF SCOPE - Following earlier distribution of a
memorandum prepared by the Transit Coordinator, Mr. Gustafson briefly explained that
staff is recommending to Council to dissolve SCOOT as of June 3D, 1993. Should this
take place, the Senior & Disabled Transportation Advisory Committee would also be
dissolved and indicated three possible options: 1) Expand the Human Relations
Commission duties to include HandYtrans as well as CVT (the Human Relations
Commission scope of responsibilities currently covers CVT); 2) Establish a new Transit
Advisory Commission for both HandYtrans and CVT; or 3) Have two advisory groups:
the Human Relations Commission as the advisory body for CVT and establish a new
commission for HandYtrans.
Mr. Gustafson advised that this item would be docketed for the City Council meeting of
February 23, 1993 and asked for the Commission's recommendations to be included with
the agenda statement. All Commissioners would be placed on the mailing list for the
February 23rd meeting.
Transit Coordinator Gustafson noted that two current members of the HandYtrans
Committee have served on this committee since its inception in 1979 and have indicated
a strong desire to continue serving in an advisory capacity (i. e. subcommittee),
Member E. Allen advised that those serving on a subcommittee must be appointed
members of the Human Relations Commission. In addition. she suggested that if there
is a continuing interest in serving that those individuals make application to the Human
Relations Commission noting that her particular seat will expire 6/30/93 and also pointed
. out that all Commission meetings invite public participation under Public Remarks.
d-d-'"S'/
. - f' /'
~
\.
-.
F _/
:
" l'
..
In summary, several areas of concern were discussed: 1) that the Commission on Aging
be given the opportunity to offer input; 2) that if a subcommittee were to be utilized, that
those individuals be appointed members of the Human Relations Commission; 3) the
Commission does not recommend the establishment of an additional commission.
MSUC (E. Allen/J. Allen) . that the Commission is willing to accept the responsibilities
in making recommendations relative to CVT (which is currently under the Commission's
purview) and HandYtrans if the Council so desires this option.
REVIEW & CONSIDERATION OF AMERICANS WITH DISABILITIES ACT TRANSITION
PLAN . Referring to two memorandums earlier distributed to the Commissioners,
Assistant Building and Housing Director Remp explained that the City has a responsibility
to survey all facilities, determine to what extent they need to be modified and put together
a plan to complete those modifications by January 1995.
MSUC (J. Allen/Hashimoto) . that the Commission accept both reports as prepared and
presented by staff related to the Americans with Disabilities Act (ADA) Wheelchair Ramp
Compliance Survey (dated 215/93 File No. KY-213) and the Americans with Disabilities Act
Compliance Status (dated 215/93).
PUBLIC REMARKS. None
COMMISSION COMMENTS . Referring to Commissioner Delehanty and Hicks two
subsequent unexcused absences, the Chairman directed that the Commission Secretary
prepare appropriate letters referring to Council Policy No. 110-03 on BCC Absences.
Commissioner Elizabeth Allen. announced that she will be unable to be present at the
March 10, 1993 meeting due to a business commitment and was granted an excused
absence.
COMMUNITY DEVELOPMENT BLOCK GRANT SCHEDULE . The, Commission
Secretary announced the following schedule for CDBG Requests for Funding as
proposed by David Harris of the Community Development Department: Complete
informational packets will be distributed at the regular Commission meeting of 3/10/93;
that a Joint Workshop of the Human Relations Commission, Commission on Aging and
the Youth Commission will take place on Wednesday, March 31,1993 from 5:00-7:00
p.m. and that the Commission will make their final recommendations during its regular
meeting of Wednesday, April 14, 1993 at 5:00 p.m.
ADJOURNMENT. 5:40 p.m.
~'k~(2~
Patricia Wesp, HRC Secre ary ~
d-d -9-
~l~
~-
~
. I'. OlYOF
OMA V\STA
AN EQUAL OPPORTUNITY EMPLOYER
APPLICATION FOR EMPLOYMENT
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5096 TTY (619) 585-5655
.
.
1:1
r-
m
)>
(J)
m
Is application Is the Initial part of the examination process. Read the Employment Opportunity Announcement thOroughly and note the job requirements.
PRINTln lnkorule typewriter. Incomplete or illegible applications may be DISQUALIFIED. Fill out this application completely. Clearly stateyourquaUflCations.
If a question does not apply to you, write N.A. A separate application is required for each position in the City, Use the EXACT t~le of the position for which
youer. applying. Documents submitted with this application will not be returned. Avoid any reference to religion, politics, race, sex, or other non~job related
traits. A completed application is reauired. A resume may also be included but may not be substituted for a completed CIty app"cation.
(Notify us promptly if you have I change of address, phone or employer.)
1. POSITION APPLIED FOR (Give Exact Title)
2. NAME
ADDRESS
(L..t)
(Street and Number)
Mailing Address 1C1tv>
(if different from above)
(FiJlt)
(R~rultment No,)
~
~
<
o
c:
::D
(Middle)
~
!:
m
SociI' Security Number
HOME
PHONE
ALTERNATE
PHONE
(State)
(Zi,,)
PERSONAL INFORMA liON
>
!!l
If you require special accommodation during the testing process due to a
disability recognized under the Americans with Disabilities Act, please
notify the Personnel Department at the time you are invited to the testing
rocess.
3. Are you e U.S. Citizen? 0 Yes 0 No
If not, can you provide documentation
showing that you are authorized to work in
the U,S,? 0 Yes 0 No
4, Drlvefs Lieense:
No,
Stata
Exp. Date
Class
e you related to any employee
fthe City ofChula Vista? 0 Yes oNo
(If Yas -- Explain under REMARKS)
5, May we contact your present employer?
DYes 0 No 0 Not currently employed
May we contact your previous employers?
DYes 0 No
6, Have you ever been discnaiged C'( f':lrced
to resign from any position?
DYes 0 No
(If Yea -- Explain under REMARKS.)
8, Have you ever been convicted for a criminal offense which resulted in your being imprisoned,
being placed on probation, or beIng required to pay a fine of more than $25,OO?
DYes 0 No (If Yes -- Explain under REMARKS)
:!l
:r:J
!!l
W'hen antYMfing Que$tlon a you $nould com.ider ....netn.1 you ha~e e~.1 been con~lcted of any chalges otner tniln mmor tratf,c ~'ol~(I<'l"" (Drunk driving, recklen driving, hit and run drIVing and
f.ill.I~ to appear convictionl Ire not minor Irafflc violationt) Conviction i$ not an automatic bar to employment, .ach cue !$ CM'Io,rj",,,rl on Its OWl' rrwrilt A conlJietion include$ a plea olguitty by .
guilt.,. or nolo conl.nd,. (no conte$t) "lea or .Iindlng 01111.1111',' b.,. iiI judge, comminlonel or jury
I ..
CIRCLE HIGHEST GRAOE COMPLETEO
1 2 3 4 5 6 7 8 9 10 11 12 GEO
COLLEGE, BUSINESS OR TRAOE SCHOOL ATTENDED
VERIFIED BY:
GRADUA TE
YES NO
SEMESTER
UNITS
LOCATION
ATTENDANCE DATES
FROM TO
DEGREE
& YEAR
MAJOR
SUBJECT
ll:
6
c
...
m
9. Certificates or licenses of Professional or Vocational Competence
(ptease Include license number and expiration date ):
10. Membership in ProfeSSional or Technical Assoclatlons:
11, Other Special Training or Skills (language, office equipment, machine operation, etc,):
Remarks (e"ach additional sheet if necessary):
.
o
I~H
i 0 "
'5' ~
. .
~J;.h
2 0 ~
!'=~
~iii~
? a:~, >
~ 5';;
lP'~
~.~ ~
~l"
h~
~H:
~g'8
.n
tg:
!u
o
f;'=
a0
.'2
-,
~n
""
~l:
n
. 0
~ f
h
'" .'
i ;p
S' ~
;;0
U
. ,
~ -
H
o
a-:!l
11"=
...
~ g'
~
'Ii
;;;
g
o
~
~
..
'"
J
..
o
5'
.
.
~
a
~
..
f
&i~e.~
] ~. i!
~ 0 ~ 0
lti C \3'"
, ~ 5''''
~g9t.~
i1 . 'Ii iI
~ g.g ~
~~!!
~gooQ,
~~i1~
~ ~.; Ii:
_ il' ~ 'Ii
, ~ tr ~
;< 0 .
l't'- (,1
jgj
![i
!' &.;
!:...
. i'l
o
o
O!!l
:J:
~~ ~ ~
is. if ):0
."
iiij ~
- 0 - ):0
.a a :
~n
~l ~
8 ~. 9
l~. a
Q 3' 0
m; i
51; .. 0
i ~ ~
. ~ ~
H
""
".
}o 5'
if.'"
; i:
if 5'
~.~
3' n'
. .
5 .
. Ii'
. .
~ 0
o 0
-.
go'7
o-
il 1:
o -
!\' sa.
i~
o~
c .
~ .
. ,
ag
,,'"
=<':5'
,-
~ ~
1
!
.5
:r:J
m
"
:r:J
c:
=l
ll:
~
-t
""
2 ft ~ 3' ~!2
"!l'~] S." 00
Il.l r!l :::.: _.~ Ja
~ o.~' 3 - ~ G) t- ""
::r 0" ro 0 m .... ...
ttI'<32.....0tllnW
'"0 _0,) :E :T V) f! 0 ,:..
~i~~~-l!!!. ~
V> ro Il.l> r!l lC U'l
o )> lb:::r -l::E l'D
3 3 =- V> ... c: 0 en
-ro-3lQ,& P; en ....
-~.!;,t VI 0' ~
~ ~ . or a." g
"O:;,.0';a :;:J "<0
W VI :::. iii' g" '< 0 (XI
,,~ m"" if ~ is. '"
~ S' ~ - < i! .. i"
:J ::l 2 :5' ~ '< -< 0
;Q 01 Vile:E :E ~
... li1 ~ g Il.l 5" ii? ...
i g; (II r!l"O ::r ~
2d~ S;:~8l (Q N
~ m 03 3 ~"_, r;
_. 0 Il.l IJl (D
::l )10 3 n; -;,
i~a.3~'il
g.UH ~
?Kl=~~=
~-
<: :: tD en ::c
;=0: Il.l s: en ~
~ ffi" ::r Z 2
~ &r ~
~O.- ~
.. ?
Z ~
o ~
IE'
3
.
m '"
@- -:
n ~
~ 5i
o -
" "
o ~
~ -<
m ~."
lO ~ 3
-.l ~ t ~ ~
!a. ~
~OOO
0. -<
. .
Q l/I ~
3
."
;;
~
.... ~. ltI i ~ -<
..;. iiI ~o
it ~ g. - 2'
n[ S ::l:a ~ 9=
~ ~' ~ . .
0; :2, ....
o~-<o",
::alii ~(Il
~'in'~log
... l"l _, -, - 3
ootiig.()3
o..S-=-::7~
Q.~i!ii.l1I
::::O:~iO'l>>a
Ilji!.~li'~o
a:;:. :E~m
o 5' ~ .c
~ ! ~ tZi, ii i
~ Q, ~ a-ll m
~. " 0 g ~ 3
c ~ ~::j (II.,."
~Il,;,~;;;g-
~ j,ii' g. "<
g,r~~
o (Q -< I>> -
= iiJ g'"O 0
~3il'i,:ll
,"" <5 ~ <5
~I!::'V ij- ~
;;
S
o
,
o
"
Gl
m
z
~
"
~
o
~
~
!!-
Gl
m
o
EXPERIENCE ~
. positions you have held In the last 10 years, Account lor volunteer part-time, military, summer positions, and periods of unemployment, etc. IT IS
CAL THAT YOU PROVIDE COMPLETE INFORMA TION. List each change of title or promotion separately. Resumes may be attached but WILL
It! acceptable in lieu of COMPLETE ANSWERS. Check the Employment Announcement for details on the qualifications the City is seeking. Start with
resent or most recent position and work backwards. Attach additional sheets jf necessary
.
.
, .
r')
CURRENT OR MOST RECENT EXPERIENCE
To
Job Tille
Jumber Years /Months: Duties:
yer Name and Address:
--~-._.
visor Name & Title: Reason 10: Leaving
Monthly Salary Lowest: Highest: Hours per
lone: Week:
To Job Tille
~umber Years IMonths: Duties:
'1er Name and Address:
_.~._-~_.
--'-'~.-
.;isor Name & Title: Reason for LeaVing:
Hours per
lone: MonthlY ~aIQry' Lowest: Highesl: Week:
To Job Title.
~umber Years /Months: Dulies
yer Name and Address: ~
"isor Name & Title: Reason for LeaVing:
Hours per
Monthly Salary lowest: Highest: Week:
,one'
I To Job Title
'-lumber Years /Months: Duties:
lyer Name and Address:
-----"" /
visor Name & Title: Reason fOI LeaVing
Highest: Hours per
Monthly Salary: lowest: Week:
hone:
To Job Title:
'Jumber Years /Months: Duties: ,
\
lyer Name and Address: ----..
-visor Name & llt1e:
hone
Reason for Leaving:
Monthly Salary:
Lowest:
Highesl:
Hours per
Week:
. .
~
~
u
Ii
-
;;:
o
-'
W
to
"
;0
CD
W
Z
o
'"
U
w
0:
U
UJ
<J)
'"
UJ
-'
Q.
Jre under penalty of perJul)' that all answers and statements 1;1 :hl~ alJpllcation are true and complete 10 the best of my knowledge and belief. I understand
ntruthfulness or misleading answers are cause for rejection of thiS application, removal from an eligible list or dismissal from City employment.
fy that I meet the specified job requirements for this position. I understand that I must pass a phYSical examination prior to employment and that an
31 and drug screen, background Investigation, and/or D,M.V. check may be required. I understand that the results of any of the foregoing may be grounds
.qualification. I further understand that laws related to this application may be subject to change.
'"
~
c
o
.
o
o
~
u
.1!
S!-
o:
"
::J
o
0:
0:
f-
~
~
~
0.
"
o
!
0; c
2 ~
~ "
~ ~ ~
VI .c li
~ ~;;
U
~ 00
o 0
~
.
'"'
.Q
~
w
"
o
~'ii
g.i
o~
~'u
uli
~ -
;€ ,!
~ ~
u"
~8.
o.
uo
o
o
.
~
i3.
.
o
.
.
;;
!!
~
o
."
o
.
:E
'"
'ii
1:
~
~
."
~
t:i
"
E
'"
~
c
o
'"
~
.~
~
go
o
c
'"
o
o
o
:~
~
]I
c:
o
'"
~
u
'8
il
~~
i3.~
~~
. u
E..~
C .
"'2"
~g
€~
~ .2
."."
~ ~
o ~
'" 0
"
'"'
~
.0
o
'"
@
E
.
0;
.5
c
.2
"1l
~
~
C
."
.
.
.
u
.
'"
o
"
.c
15
o
".....
0_
,",0
2; ~
:.;::::>.
~ 0
Ec.
~ E
~ Q)
.- ~
.-
.cU
=0>
Iii .5
. E
.i ~
u c
.0
~ u
"'"
o .
'"''''
." .
.- .
" 0
c
.
t!.....
~il
"02.
c '"
~ ~
13-8
::; 5
"0,",
Q)=
U _
o ~
~ .
c.."
C 0
.2 "'
~ ft;
.- .
c.-
o.U
~ -
c
~~
- U
~ 2
n
o
o
SIGNATURE
DATE
o
o
z
<J)
UJ
>-
o
o
.
5
!l
.g~
~ E
~ .
... ~
0._
. ~ .
..c .
~ -: ~
~E:a
.0"
:5.5 :5
'0 ~ .5
~.Q 5
~.ll '"'
o O).B
~!i ~
c~.~
~ Ii ~
. - ~
~ '05
g 1:) ~
J ~ 0
OJ5.
~8 ,s
~
g
-
.
81
"
'"
~
c
~
J!l
c
.
E
E
o
U
;;;
c
.2
~
"0
."
'"
~
~-Sb
--~"","~"'"",..,::>r' ,,')"''''';0 C'---
..
'_e1 Elep.uDmr
276 Fwnb AftIlllol
C2Iu1a VIata, CA 91910
(619) 691-5096
Announces An Employment Op~rtW1ity
COMMUNICATIONS OPERATOR II
HOURLY:
BIWEEKLY:
$14.08
$1126.87
$14.79
$1183.22
$15.52
$1242.38
$16.30
$1304.50
$17.12
$1369.72
(NOTE: The City contributes 7% to the Public Employees Retirement System for the Employee).
THE POSItION:
On an assigned shift, monitors radio receiver for all communications concerning the police and fire
department; maintains two-way radio com'munications with police, fire, and other emergency units;
receives, evaluates, and records requests for emergency service, action required, and disposition;
. dispatches personnel and equipment according to standard operational procedures, instructions from
a superior or by individual judgement as required; refers difficult or extremely serious calls to
supervisor; keeps superiors informed as to emergency situations and general activities; notifies
ambulance, alarm company, traffic signal maintenance and other services concerning an emergency;
takes reports and issues case numbers, logs departmental activities and performs routine clerical work;
monitors activity in jail cells via a closed circuit TV system; maintains law enforcement status board and
activity file; may instruct other personnel in the techniques and use of communications equipment; may
perform mirror or routine upkeep and maintenance of equipment.
Q:~$IRAfi:lLE QUALIFICATIONS:
.~
Tralninc and Exoerience - Any combination equivalent to graduation from high school and two years
of responsible clerical, administrative, public information or emergency service experience including at
least QNE YEAS of radio-telephone communications work in a publiC safety dispatch center. A typing
certificate of 30 NET WORDS PE.R N1IN""T~ is required at time of application.
~Declal Condition: It is mandatory that there be no impairment of hearing or speech.
Knowledce. Skills and Abilities - Knowledge of proper operation and care of voice radio and telephone
equipment; ability to work under stress and to exercise self.control and good judgement in emergency
situations; ability to study and maintain a knowledge of departmental policies and procedures and
. location of streets and city geography; ability to keep clear and accurate records and to carry out
, written and verbal instructions; ability to deal with the public tactfully and effectively in routine as well
as stress situations; willingness to work on assigned shifts.
eXAMINATION
~.Sl
Those candidates whose resumes and applications indicate education and experience most directly
related to the position will be invited to participate in the selection process.
CLOSING DATE: Applicants will be accepted on a continuous basis.
.
RaC;::FlUITMENT NUMBER
.
a-"d--- '51
COCUMENT NUMBER
PUBUSHEO
11/30/93
1541
Wf5. ARE AN eQUAL OPPORTUNITY EMPl-OYER
~,","i '~_t'\y1:t4l' /,::"'; .:.~. ,;C, ~:;C_~'::
t .
"
"
Employment information and employee benefits
AU .rtdleffUn/J "",de on tlppiicallofU au :ru.bJecl to investigalion and wtrifiCQ/;on. Fals, slaltlMelW or olnissiolU of nquuted in/annalion wilt
be cause lot di.tqMa/ificalion, removal from the eligibility Ii.s:t or tWduuge from emp'oym~. The provisions.?f this bulletin do not const/rut,
an uprus<<lor implied Con/1'acl ar..d any provisio/U cOnlai".d in this bulk/in moy be modifi<<i or ~ without notic..
Employee Process
Applications
The City of Chula Visla onl)' accepts applications for
positions which are currently open. All interested applicants
Must complete a cit)' application and return it by the filing
deadline. The emplClj'ment history section of the applical~v,i
must be completed and the application must be signed.
Examinations
Your application will be reviewed 10 determine if you have
mel the education,cxperience and/or licensing requirements u
stated on the employmenl opportunity bulletin. Ir you meet
Ihest. crheria and are pne of the best qualified, you may be
required 10 complete-in any oombination-written, oral and/or
performance examinations.
Americans with Disabilities Act (ADA)
The Cil)' of Chula Visla will provide reasonable
acoommodalion in Ihe cxamination process when requested by
a qualified applicant at least one week prior to the exam. To
request reasonable accommodation, conlact the Personnel
Department.
Eligibility lists
All candidates who successfull)' ~Ja all phases of the
examination process are placed on an eligibililylisl.
Employment procedures
Depending on the classification, employment may be
contingent upon successful completion of a pre-placement
medical and/or psychological exam which may include a drug
screen (promotional exams excluded).
Employment eligibility verification
The luccessful applicant will be asked to show proof of
citizenship or provide documentation that gives the individual
the legal right to work in the United Stales.
Probationary period
Nt new and promoted employees ",ust successfully complelc
a probationary period of one year (18 months for employees in
Iheclassification of Peace Omcer). At the successful
complellon of ehe probalionary period. the employee achieves
a permanenl slatus. Exception: temporary. seasonal. parHime
and unclassified positions serve al the wilJ or the City Manager.
Employee Benefits
Benefits depend on classification and current applicable MOU.
Vacation
Most Cull-time employees are eligible for 10 days paid
vacation for one through four years employmenti 15 days during
five.1S yean of employmenl; 20 working days during ehe 16th
and succeeding years of service (may differ according to
bargaining unit.) Similar benefiu arc provided for Fire
Departrnene suppre$sion penonnel based upon a S6.hour work
week.
Salary
The Salary Range for the posItion is stated .on (he
employmenl opportunity bulletin. Candidates are normally
hired al the first step in Ihe, salary range. Salary increases Irc
not automatic, but are based on performance and merit. When
starting at the first step. an employee may be: advanced 10 the
second step aCler six months and lhe lhird step aCter one year
of employment. Thereafter, a salary increase is granted after
each year of satisfaclory service until the maximum step of the
range is reached.
'"'")
Holidays
Most full-time employees receive 11 paid holidays per year.
which includes Cour noating holidays. See the Personnel
Department for police and fire safety personnel holiday
accruals.
Sick leave
Full'lime employees earn 12sick leave days per year. Similar
bc:nefiLS Ire provided (or Fire De~rtmenl pen.onnel baled on
a 56. hour work week. A sick leave incentive proaram is
available 10 all Cull.time employees.
Flexible Benefit Plan
The city orrers a Flexible Benefil Plan for Cull-time employees
Crom which lhey must purchase medical insurance for
themselves. The remaining balance may (hen be used to
purchase a wide range of non-laxable bene tics. The benefit
amount varies by bargaining unit.
Life insurance _
The city provides group term life insurance for each . l
employee (amount differs according to bargaining unic).
Supplemental life insurance is available by payroll deduction ae
reasonable rates.
Long term disability insurance
The cily provides long lerm disability (L lD) insurance to all
employees except sworn police a'nd fire employees. This
insurance oontinues a percentage of your income if you are
lotally disabled due to illness or injury.
Retirement
Benefits are provided Cor Cull. lime and permanent part time
employees by the Public Employees Relirement System
(PERS). Temporary, seasonal and part-time employees
participate in the Public Agency Retirement System (PARS).
The city participales in Medicare. but does not partk:ipatc 10
Social Security.
Permanent part-time benefits
Permanenl part.time benefits acc:rue in direcl proportion to
Ihe amount oC lime worked.
Flexible Spending Accounts (FSA-r)
The city oHers IWO Iypes of Flexible Spending AecounlSj
health care FSAs and dependent care FSAs. This program
allows for use oC pre.tax salary dollars to pay for certain heallh
and dependent care expenses, thus increasing your spendable
income by reducing your taxable income. This benefit varies by
bargaining unit.
Smoking policy
The City of Chula Vista has I .moking policy that prohibiL\ ~
smoking in all facilities. Smoking is permitted in oUlSidc areas
only.
'1M Ciq oJ ChuID VISta is an affirma/ivt action emplo,~ anJ doa noI discriminaU on tM basis oJ ract/CtJlor, IIlIlwlIlIlorigin, $U,
nligion, ap. suual orien14lion, or disohled stalllS ill emplo)fMnJ or Il~ pNn-isioll oJ $en.;<<.
~{~
iiilI!iii:
'-..-------......:::-
""--~~~
ellY OF
CHUIA VISTA
~-~
"'"\
:~
COUNCIL AGENDA STATEMENT
Item ;. J
-
Meeting Date 06/14/94
ITEM TITLE: REPORT STATUS OF BA YFRONT NEGOTIATIONS
SUBMITTED BY: Community Development Director C S '
REVIEWED BY: City Manager @ (4/5ths Vote: Yes_ No-X..)
BACKGROUND: On April 5, 1994 the Agency discussed the status of negotiations with the
Mid-bayfront developer, and directed staff to report back in sixty days as to whether
substantial progress had been made towards completion of a Development Agreement (DA)
(minutes attached). Staff has made substantial progress, including the draft development of a
Pre-Construction Phasing Plan and a draft DA. Several negotiating issues have been
resolved between staff and the developer, a number of issues have moved toward concurrence
but are not finalized, and three major issues remain unresolved. The developer wishes to
discuss the three unresolved issues with the Agency members.
RECOMMENDATION: That the Council accept the report and direct staff to continue to
negotiate, refine and complete the Development Agreement and related documents as outlined
below.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
This report outlines the components of the Draft Pre-Construction Phasing Plan and the Draft
Development Agreement and indicates which Development Agreement issues are resolved,
which are making progress toward resolution, and which three remain unresolved. The
report makes specific recommendations on detailed directions to staff for further negotiation.
Finally, the report provides a brief status report on the Port District acquisition of 980 F
Street.
Pre-Construction Phasin~ Plan
The proposed Mid-Bayfront development is a very large and complicated project that does not
easily fall within the confines of a standard DA. For example, additional environmental
studies and mitigation requirements. plan refinement requirements. and compliance with
Agency/Council mandated conditions all require a number of actions to occur after approval
of the DA. but before vesting of development rights can take place. Staff, Special Counsel,
the developer and his consultants have reached general agreement on a Pre-Construction
Phasing Plan (attachment A) which will be incorporated into the DA. This Plan requires that
certain actions occur prior to submittal of the DA to the Agency and Council for approval and
that other actions occur before development may take place.
The Pre-Construction Phasing Plan requires certain actions to occur from now until issuance
of all permits necessary for construction. In general, the Plan provides for the following:
~;t-/
Item
Meeting Date
~j
-
06/14/94
Page 2
A. Documentation required in order to submit the Development Agreement to the
Agency and Council such as a development phasing plan, funding mechanism for the Nature
Center, indemnity agreement and information On the development entity.
B. Actions the Developer will take within 30 days after execution of a
Development Agreement (e.g. hire a project manager, open a deposit account with the City
for City staff time).
C. Actions the Developer will take within 180 days of the appeal period for
approval of the Development Agreement. These actions consist primarily of submitting all
engineering and other documentation necessary to obtain a coastal development permit (such
as precise plan, biological resources management plan, habitat restoration plan).
D. The parties agree that unless all Conditions to the Effectiveness of the
Development Agreement are satisfied within 24 months of approval of the Development
Agreement, the Agreement will be subject to termination at the City's discretion.
Draft Develonment Al!reement
A draft Development Agreement has been prepared (copies are available in Community
Development for reivew). The Table of Contents is attached as Exhibit B. The major issues
addressed by the Development Agreement on which general agreement has been reached
include the following:
A. Procedural Reauirements for approval and administration of the
Development Agreement.
B. Conditions to the Effectiveness of the Development Agreement. The
Agreement will not become effective until the Developer obtains all of the approvals
necessary to obtain his initial coastal development permit for work on the project. This
includes completion and approval of the Central Resort District Master Plan, Habitat
Restoration Plan, Biological Resources Plan, Public Facilities Financing Plan, Affordable
Housing Plan, CUP for shared parking, etc. The Agreement provides that such approvals
must be obtained within 24 months of the execution of the Agreement.
C. City/Agency Obligations. The City/Agency will be obligated to
do the following:
i. Commence an amendment of the Redevelopment Plan within 30
days of the final appeal date of the approval of the Development Agreement (the Agency has
previously authorized the staff to undertake the Plan Amendment).
ii. Process the Developer's development applications in a timely
fashion.
02:> ". J....
Item
Meeting Date
~1
06/14/94
Page 3
iii.
professional fund raiser.
Use the initial Cultural Arts Facility payment to hire a
iv. Pay the incentive to the Developer. The parties are agreed on
the cap and formula for payment of the incentive payment which have been approved by the
Council. This formula also includes incentives for the construction of the skating rink/sport
facility as previously approved by Council.
D. Dedication of Parkland. All required parkland will be dedicated by
developer and developed within the first Phase of the development with the exception of a
few acres adjacent to the property at 980 F Street which will be acquired by the Port District.
This property will be dedicated concurrent with approval of the Development Agreement in
order to allow development of a reasonably sized park on the Port District property.
The issues On which progress has been made, without final resolution, are as follows:
E. Developer Construction Obligations. The Development Agreement will
require the Developer to comply with the Pre-construction Phasing Plan or the Agreement
will be subject to termination. The Agreement does !1Q1 require the Developer to construct
the public or private improvements on the Bayfront. However, the Agreement will be
structured to encourage the Developer to construct the improvements as early as possible.
The approved Local Coastal Plan requires the development of parks in the initial phase. A
number of provisions will relate to this issue as indicated below:
i. Any reimbursement received by the Developer must be paid
prior to the date which is ten (10) years after the termination of the Redevelopment Plan (July
2024). This assumes the Plan is successfully amended to extend the termination date to 2014.
Every year of delay in the construction of the improvements will reduce the total
reimbursement the Developer can receive. The Developer is aware of these constraints.
ii. The vesting provisions may be designed to further encourage
early commencement and completion of construction. The City/Agency proposal on vesting
has not been presented to the Developer as yet.
111. Although the Agreement does not compel construction, in the
event the Developer chooses to construct, he must construct in complete phases as defined by
the Agreement. In order to commence construction of any phase, the Developer must
demonstrate to the City and the Agency his financial capacity to complete the phase, and the
completion of all public and private improvement within the phase must be guaranteed. The
Developer is aware that this concept will be included in the Development Agreement. The
individual phases must still be defined.
F. Vesting of the Land Use Entitlements. The City/Agency are currently
formulating a proposal for inclusion in the Development Agreement terms for the duration of
vesting of the land use entitlements relating to the Property. The proposal will be designed to
,;J. :J - J
Item
Meeting Date
JJ
06/14/94
Page 4
encourage commencement of the project by providing for early termination of the vesting if
there is not sufficient progress toward development.
G. Vestine: of Fees and Exactions. The City/Agency staff is currently
creating a list of all applicable fees and exactions to determine whether any fees should be
vested and if so, for what period of time.
H. Cultural Arts Facility Pa.)'ments (CAF). The Agreement contains and
the parties have agreed to the dollar amount and the timing of the Cultural Arts Facilities
payments as approved by City Council. The remainin~ issue is the nature of the assurances
and security for those payments which will come due after construction of the initial phase of
the proiect. The Developer is currently in the process of hiring a financial consultant who
will assist the Developer in spreading the various fees, mitigation measures and other costs of
the project over the various land uses within the project and determine the method of
guaranteeing payment of long term costs including the nature Center payment and various
mitigation payments as well as the CAF payments.
I. Nature Center Pa.)'ments. The parties agree on this issue with the
exception of the commencement date of the payments. The City/Agency position as approved
by City Council is that the payments should commence prior to issuance of the first grading
permit for the project but no later than January 1, 1996. The Developer's position remains
that payments should commence upon the issuance of the first occupancy permit for the
project as this will coincide with the initial stream of income to be generated by the project.
The parties remain at impasse on this issue. The developer's financial consultant will address
the mechanism for assessing Nature Center payments (how it will be assessed).
1. Assi&nment Provisions. There are some remaining issues relative to the
sale of portions of the project prior to the completion of the private improvements. These
include qualifications of transference of vesting rights and responsibility for CAF and NC
payments.
There are a number of minor issues which will be addressed by the Development
Agreement and resolved as the various drafts are completed. It is anticipated that a final
Development Agreement will require at least three months to complete.
OUTSTANDING ISSUES
There are three major issues which remain to be resolved with the Developer. These are the
date for commencement of Nature Center payments, disclosure of financial statements of
project developers and evidence of qualified operators to operate hotels, tennis and sports
facilities.
1. Nature Center
,2. :3 ., '/
Item
Meeting Date
,1~
06/14/94
Page 5
On November 2, 1994, the Agency determined that the Developer will be required to fund a
minimum annual payment of $500,000 for Nature Center operations commencin~ odor to
issuance of the first ~radin~ permit for the project, but no later than January 1, 1996.
The Developer agrees to make payments, but not to commence until issuance of the first
certificate of occupancy for the project so that Nature Center payments would commence
when the project begins producing revenue.
The developer wishes to address the Council on this issue. His request is due to the
tremendous front end costs of the project which include additional technical studies,
construciton of on and off-site infrastructure, wetlands mitigation and park development
requirements. An additional $500,000 annual expense before any revenues are forthcoming
will drain working capital necessary to get the project to the development stage.
2. Partners Financial Statements
The Preconstruction Phasing Plan requires that the Developer provide financial statements of
the development entity prior to submittal of Development Agreement to Agency and Council
for approval. The Developer will disclose who the partners are, but contends that if
financing is available for the project, financial statements of individual partners should not be
required. The availability of financing will assure that the project will move forward which
is the salient issue. The developer contends individual financial statements are superfluous
and contain information which should be protected from public disclosure.
3. Evidence of Oualified Operators
The Phasing Plan requires that the Developer provide the Cityl Agency with evidence of
qualified operators to operate the hotels, tennis and sports facility within 24 months of
approval of the Development Agreement.
The Developer wishes to maintain greater flexibility in selecting operators beyond this period;
but, has agreed to provide evidence of financial capability and prior experience of intended
operators.
The Developer will address the Council on these items.
Recommendation
Substantial progress has been made in developing the Pre-Construction Phasing Plan and
Development Agreement. These documents require that all designated items must be
completed by the developer within 24 months following approval of the DA in order for
vesting to occur As these documents are refined, a number of additional issues will arise
which will require further negotiations with the developer. The process of refining and
completing these documents is anticipated to require an additional three months.
Staff recommends that Council direct further staff acti~s follows:
..2.:1 - .!j
Item
Meeting Date
~:;
06/14/94
Page 6
1. Staff to continue to refine and complete the Pre-Construction Phasing Plan and
Development Agreement and report back to the Council within three months.
2. Favorably consider the developer's request to postpone the commencement of Nature
Center payments until the issuance of the first Certificate of Occupancy. The
proposed $500,000 annual payments to the Nature Center is a significant expense for
the developer and should most appropriately be timed to coincide with the initiation of
an income stream from the project. This project requires an enormous amount of
predevelopment expenditures including $1.5 million in Cultural Arts Facilities
payments, habitat mitigation and public improvements. Additional expenses levied
before development occurs will make it more difficult to get this project started.
3. Require the developers to provide financial statements of the development entity. This
is a standard DA requirement and will provide the Agency with information
concerning the developer's ability to undertake a project of this magnitude.
4. Allow the developer flexibility in identifying operators of hotels and sports facilities
subject to concurrence of the Agency based upon demonstrated experience and
financial capability of selected operators. The staff recommends that objective
standards for the operators be included within the Development Agreement.
Status of Port District Acquisition of 980 F Street
At the request of the Agency and with concurrence of the developer, staff has been working
with Port District staff towards acquisition of 980 F Street (Shangri La building) from the
Agency. This 2.5 acre property lies within the Mid-bayfront project area and is designated as
parkland on the approved Local Coastal Plan. There is potential for interim park
development through the Port's CIP process. If the Agency and the developer donate
adjacent parcels, a larger recreational project may be possible. (The developer has offered to
dedicate property designated as parkland under the LCP for this purpose concurrent with the
approval of a Development Agreement
Port District staff are currently having the property appraised based upon its former used and
zoning (visitor commercial) and their environmental staff are in the process of conducting a
Phase I environmental assessment of the property.
These studies should conclude shortly, at which time a final acquisition price will be
determined.
FISCAL IMPACT: Agency concurrence with the recommendations above regarding the
initiation of payments for the Nature Center will result in the prolongation of Agency and
City subsidy of operations of this facility for perhaps 2 or more years (2 years would
represent a best case scenario). The current cost of operations is approximately $500,000
annually. The Agency is currently providing approximately $200,000 with the General Fund
providing the balance. Entry ticket sales currently provide a small contribution.
.,,23-?
Item
Meeting Date 06/14/94
Page 7
;)
Under the proposed reimbursement formula in the Development Agreement, the Agency will
be required to pay to the developer on a periodic basis through year 2024 an amount equal to
30% of the incremental Sales Tax and Transient Occupancy Tax revenues generated by the
project net of the cost of providing City services to the project. Property tax increments
accruing to the Redevelopment Agency from new development are !1Q1 included in the
reimbursement formula. However, to the extent available, the Agency may use property tax
increment revenues to satisfy developer's 30% Sales Tax and Transient Occupancy Tax
reimbursement right. To the extent property tax increment revenues or other Agency monies
are not available to pay developer's 30% reimbursement, the Agency will enter into an
agreement with the City for the loan of sufficient funds by the City to the Agency to pay to
developer its remaining 30% reimbursement amount. Such amounts would be repaid to the
City out of subsequently available tax increment funds. Under the reimbursement formula,
the following are estimated revenues to be received by the City (over and above the cost to
provide City services) and developer through year 2024: City, $111 million and developer,
$45 million in annual total sales tax and TOT. Annual tax increment revenue from the
project after completion may be as high as $4.5 million.
Attachment: Council Minutes - April 5, 1994 NOT SCANNED
[SS/Misc.Disk#5/bfstatus.113]
.2j~ 7 P'3 -/2-
Minutes
AprilS, 1994
Page 5
· · · Agency/Council Member Horton returned to the meeting at 8:02 p.m. · · ·
13. CHAIRMAN'S/MA YOR'S REPORTISI
13a. Suspension of Bayfront Negotiations Pending Satisfaction of City/ Agency Conditions
Chairman/Mayor Nader gave a brief background on the project. He had not seen any indication that Mr. Barkett
was on the verge of coming through with an agreement that met conditions as defined by the Agency/Council. He
felt there Was an extraordiaary amount of staff time being spent on those negotiations. It was his sense that the
Community Development Department could use more staff hours on many other projects to the benefit of the City,
but the City Was continuing to negotiate with someone who was not coming through with anything to meet the
conditions established by the Agency/Council. It Was time to send a message to Mr. Barkett that the City was
serious about the conditions and parameters set on the Bayfront Plan and would not compromise on the quality or
what had to be included. The way to send that message would be to stop going back to Mr. Barkett and tell him
to come back to the City when he met the City's conditions with a specific response that could be taken to the
Agency/Council.
MS (Nader/Fox) to direct staff to suspend negotiations on a development agreement with Mr. Barkett until
such time as he comes forward with a proposal, or someone able to execute a proposal, comes forward with
a proposal that substantially meets conditions that the Agency/Council set.
Agency/Council Member Fox questioned whether more would be accomplished by suspending negotiations.
Sid Morris, Assistant City Manager, responded there Was a fundamental legal question that required City staff to
negotiate with the owner of the property based on previous Agency direction. In terms of the specific negotiations
with Mr. Barkett, staff had a series of on-going meetings which had been frustrating at times and fruitful at times.
Staff had been able to reach agreement on a variety of issues and believed there was probably light at the end of
the tunnel. In terms of specific timing he felt it would be brought back to the Agency/Council in about two months
with a draft disposition and development agreement or owner participation agreement with the property owner.
Chris Salomone, Director of Community Development, felt it would be back before the Agency/Council in
approximately sixty days.
Agency/City Attorney Boogaard stated the City granted entitlement for a specific plan and general development plan
conditioned on executing a development agreement with the developer. The City could not condition the
entitlements on negotiating a development agreement and refuse to participate in negotiations. The statement put
forth by the Mayor was different than what had been legally analyzed to the extent that the Mayor had suggested
that the City had already negotiated in good faith by laying down a set of conditions, which the City found
acceptable, and to suspend further debating about them until the City received a response, which was not a
suspension entirely of negotiations, but more a matter of putting the ball in his court to come up with a last, best,
and fmaloffer. What was being proposed was not quite a suspension of negotiations, but requiring him to come
back with a proposal.
Cbairman/Mayor Nader stated he way saying that the Agency/Council had stated the conditions and parameters they
were looking for, the ball should be in the developers court for a meaningful response for consideration.
Agency/City Attorney Boogaard stated the three avenues were: I) continue negotiations as presently being done;
2) put down a last, best, and final offer; and 3) remove the condition of the entitlement that there must be a
development agreement.
Chairman/Mayor Nader stated he did not want to remove the condition and his intent was not to put the owner in
a position where he could not develop. His intent was to stop sending him the message, which he felt the City had
been sending, that the majority of the Agency/Council did not have to be taken seriously regarding the terms
;J.;!-t:j
Minutes
AprilS, 1994
Page 6
because staff would meet with him regardless of whether he came close to meeting those terms. He needed to
understand that if he could not meet those terms he should seek participation from an agency such as the Port
District or a consortium of other local developers. He was not trying to suggest that the City would not conclude
a development agreement with the developer, he was trying to be very clear about what kind of conditions that
would be necessary to conclude a development agreement. He felt the weekly meetings were sending a mixed
message on that point.
Agency/Council Member Rindone concurred with the assessment that the City should not grant any conditions unless
a DDA was completed. The last major vote on the Bayfront was a 4-1 vote and he voted no as he felt they should
not move forward until there was a development agreement as that was the nexus of the issue before them. He
questioned if the Agency/Council could refer the item back to staff to develop an agenda item recommending the
suspension of Bayfront negotiations and also allow the developer a chance to participate and respond to that and
provide a justification as to why the Agency/Council should not suspend negotiations.
Agency/City Attorney Boogaard stated in his business judgement, given the history of negotiations, the
Agency/Council should request a report from staff as to the status of negotiations and to propose for Agency/Council
approval a last, best, and final offer rather than to phrase it in terms of order to show cause why the City should
not suspend the negotiations.
Chairman/Mayor Nader questioned whether that would meet Agency/Council Member Rindone's intent.
Agency/Council Member Rindone responded that it covered the intent and would provide an opportunity for the
developer to assess whether he was interested in continuing under those conditions.
Chairman/Mayor Nader stated it would fulfill his intent. He felt the City had made its last, best, and final offer
at the last meeting and he did not want to send a message that they were backing off that, but staff could draft
something that embodied the previous Agency/Council discussion and direction and bring that back as a last, best,
and final offer and put that on the table.
Agency/Council Member Rindone the concern was whether it was financially feasihle, which was the nexus of the
entire situation.
Agency/Council Member Moore stated he had seen many strong economic efforts fail or be suspended. He did not
feel the City should be disappointed that a major project, such as the Bayfront, was not on a platter and ready to
go in such economic times. The City would not win by ignoring one of the major property owners of the most
valuable property in Chula Vista. The City could not stop negotiations. Redevelopment meant the Agency/City
was a partner.
Agency/Council Member Fox felt Member Moore was correct, it was not an easy issue. He did not want to be
personally responsible for slowing things down. While the motion was well intended, he felt the unintended results
would be the disruption of negotiations and even further delays. Staff felt they would be returning in sixty days
with a DDA.
Mr. Salomone stated staff was at a point in the negotiations where the developer would have to spend a lot of money
to discover the things that the City needed to know, i.e. engineering constraints on the site, soil conditions, costs
of putting in the underground facilities, ability of the shale beneath to support the high rise buildings. The developer
was willing to do that and he suspected that he would use the resources from the sale of the parcel in National City
to do that discovery on the project. He did not feel staff could bring back a development agreement, but the
framework of a development agreement within sixty days. He felt it would be the end of the year before they had
the development agreement because of the geotechnical, soil, and physical analysis that had to be done.
Chairman/Mayor Nader questioned if Mr. Barkett needed to get all the information described in order to continue
fruitful negotiations for a DDA.
~;t-/~
Minutes
April 5, 1994
Page 7
Mr. Salomone responded that the DDA would talk to the feasibility of the project, the financial partners, etc. and
there were key elements that were unknown.
Chairman/Mayor Nader stated he understood that and agreed with it, hut if there were key elements that needed
to be known before concluding a DDA, why was the City sitting down in weekly negotiating sessions instead of
saying that the agreement would be hammered out when all the information was availahle. In the mean time staff
could be spending that time developing the high techlbio tech zone, negotiating with firms interested in locating in
Chula Vista, etc.
Mr. Salomone responded that staff was providing the developer with time frnmes, fee structures, and the type of
data he needed to know, i.e. how long it would take for him to get his grnding pennit, how much his fees would
be, etc.
ChairmanlMayor Nader felt that could be provided without extensive staff time.
Agency/Council Member Moore questioned what percent of the Economic Development Manager and associated
staff time was allocated to the Bayfront.
Mr. Salomone responded that none of her time was allocated to the Bayfront.
Chairman/Mayor Nader stated she was very short staffed and other personnel in the Community Development
Department should be available to assist her.
SUBSTITUTE MOTION: (Nader) direct staff tn develop, based on past Agency/Council discussion and
direction, a proposed last, best, and final offer to he brought back to the Agency/Council for consideration
so that it would he clear to the Council, staff, and Mr. Barkett what the City's tenns and goals were that
needed to he met. Motion died for lack of second.
SUBSTITUTE MOTION: (RindonelMoore) direct staff to bring back within thirty days an updated progress
report and recommendation on continuing the negotiations.
Agency/Council Member Moore questioned if the Maker of the Motion would agree to the inclusion of
scheduled intents so the report would deal with the past, present, and future. Agreed to by the Maker of the
Motion.
Chairman/Mayor Nader stated one of his concerns was that there was a very small window of opportunity with the
Port District. He questioned whether it would be the intent of the motion that staff would, as part of the report,
present options for pursuing Port involvement or any options that would assure that the project would actually be
built in a way that would be a credit to the City. Options would include. Port involvement or persuading or
inducing Mr. Barkett to involve other developers or partners. He was very concerned when looking at what
happened in National City with the hotel and marina project. He wanted staff to start looking at other options.
Agency/Council Member Rindone stated he did not have a problem with that. Staff had indicated that there were
severnl decision points that the developer had to meet or fold and that would be within the thirty days.
Mr. Salomone stated he did not want to classify it as being within that thirty days. but he felt it was within sixty
days. Staff would have the report hack to the Agency/Council in thirty days which would focus the issue for the
developer and the City.
Agency/Council Member Rindone stated he would not support sixty days for the report and assessment. He felt
they needed something in hand to review and evaluate.
,? 1-1/
Minutes
AprilS, 1994
Page 8
Agency/Council Member Horton stated it was her understanding that the motion on the floor was for sixty days.
She would not support thirty days as she did not feel it gave staff or the developer enough time to work on the
report.
Agency/Council Member Fox felt due to the time sensitivity for Port participation they should move up the date
to thirty days for a progress report on potential Port participation.
AMENDMENT TO MOTION: (FoxlHorton) to direct staff to return in sixty days (6/7/94) with a progress
report and recommendations on continuing the negotiations, and a report in thirty days (5117/94) regarding
the potential or Port involvement in the project.
Chairman/Mayor Nader stated the current motion was that the first increment of the report dealing with only the
Port participation would be due in thirty days and the second increment of the report and the final offer by the City
would be due in sixty days.
Agency/Council Member Rindone stated he could support the thirty day period for a report on Port participation
but could not support sixty days for the remainder of the report and final offer. Therefore, he would vote against
the motion.
CbairmanlMayor Nader agreed with Member Rindone's comments.
VOTE ON MOTION AS AMENDED: approved 3-2 with Nader and Rindone opposed.
13b. Chairman/Mayor Nader stated he wanted to see the Bayfront developed in a quality fashion. He suggested
that prior to approval of the specific development plan tbat 1-2 members of the City Council and Design Review
Commission pick out 2-3 examples of where water related urban high rise was done successfully and visit those
projects.
14. AGENCY/COUNCu.. MEMBER COMMENTS - None
......
URGENCY ITEM OFF AGENDA: AGENCY RESOLUTION 1399 AUTHORIZING THE USE OF
REMAINING FUNDS IN CIP RD#217 FOR THE CONSTRUCTION OF A RAMP FROM THE
SOUTHERLY TERMINUS OF BRANDYWINE AVENUE TO THE PROPOSED BRANDYWINE PARK
SITE-One of the conditions of approval of the Auto Park was the provision of a site for a neighborhood park which
was designated in the City's General Plan in the vicinity of the Auto Park site. To access the park site from
Brandywine Avenue, a ramp must be provided traversing the slope. The Agency is requested to authorize use of
funds remaining in Auto Park Site Acquisition Account for this purpose and to direct the City Manager to authorize
Granite Construction Company to complete this work prior to landscaping work being completed on the slope and
before Granite Construction removes its equipment from the vicinity in order to save the City money. Staff
recommends approval of the resolution. (Community Development Department)
Agency Member Moore stated the grading equipment was currently on site and the contract was running oul. The
ramp needed to be in place before the planting could be done and action by the Agency would make the project
more economical.
Agency Attorney Boogaard stated the item arose after the preparation of the agenda and could not wait out of
necessity until the next agenda. It would take a 4/5th's vote by the Agency to place it on the agenda for discussion.
Fred Kassman, Redevelopment Coordinator, informed the Agency that it would be more costly if action was not
taken. Staff received the bids on Monday.
~;J - ).2..
JUN 03 '94 12:48
EXHIBIT A
613/94
CHVLA VISTA BAYFRONT
PRE-CONSTRUCTi:ON PJIASING;PLAN
I. Develq;m1ent ~eat smr
A. S1aft' aod Developer submit a JI1OPOlll!d DeveIoplDra Agmemeut to Aacacy ai1d
eouocn for C'J'II~ If &taff 8.lId develOper _ oat in fWl ~ a list of impasse
items sball be subtniUcd con. .,. .wtJy with the clcvclopmc::at agnlCII'ent.
B. Items ~ to submit proposed Developmellt AgnlemeIIt for AgImt:y and
CoulIdl Con.iNmlrinn. .
1. Draft AgICement wblch In~.tudeI:
a. A PJwiog Plan.
b. Fnnd;.,g mecl1aa:lsm for tile me. Issue: W'ill the 8pleDItldt
"lllCbed by tile puties comply with 1be 1.CP or wm an ,~- u:quinld'1 (Note: Thoro is
..........Aiy no ap-eem~ on 1bc com~aJt date for 1be NIC ~)
C. plII..dDlg~ for the CAP (agrc:cmc:.ot ,has been rel'Iebtof on
this lssue).
d. TCI1I18 of City/Age;ocy reimbursement to tile DcveJopcr.
2. Jp.......nity A~.
City! A_ ~I _ Developer i~nify 8.lId defend any tbild party
litigation ~ to the Jl.ntitl~ or the Dcveky..otri ApemncIlt.
J)e,r..J- ProaosaI. - Developer ~ wbcdlcr or not to <.lel'end or to
t"'"'"-~ the~ If chooses to defend wlll fund defense; if cbooscs to tmmilllllPl
agPP.rnP.nt no in-"~Qn.
3. 1Df0000ation rega:rdjDg Da1Ul'e of deveIopmenl enlity fnt'Jnlllflg list of all
.' partDers.
0I!QI90 131277. t
.;.3-/:J
rUN 03 '94 lZ:49
4. Flnall()lsd lIt>>fPollomts of cIevclapmeDt eutity.
DeveIcmer I\'oDOSal- Provide ",mrna'Y~_tinn - ~hing k:as than
a full f1..~..p,,1 Jf2t.....P.IIt
, 5. l>r<-linrinary Tido RepgIt on proporty.
,
6: lD'evocablo Offer of DedicaPon of DOt to -""""'" acms of 1aDd
8lijaceot tMIlo propeIty to be lIcquhai by the Port Dlstrict fm: 1'11:'1"";,,11 m a comm1lllity padc.
, .
n. W1d:lin ~ ~ After B>.pi..nnn of~ ~I Period of the Annrnvlll ~lrit....
"Ymal ADoroval"' of Dewo1onment Al!'I'etmllnt.. DevdOllCl' ""'*11 do the followin2:
A. Bile a project manager 118 DeveIoper's lfaison with City Il1aff and <<msultants in
ptOGCSsUIg of the dcva10pmcnt approvaIa.
B. Opelll a ~t IU1lXJUDt to fuad tile cost of City staff and l'11IIIlI1~ m the review
and processing of Dcwlopcr's dDveIopmmJt approvals.
C. Pay the reqllired deposit and autIJorjzr, hiring of a ClCIMnIt1mt to prepare theproject
level Em.
D. .A~Dcvc1opct'I OO11SU1bmh tormnm..-ace wodtoaIllqUiR:d en~~ and
envlmnmeIlllll """"'" and commence pre{JlIllItlon of an doco1aer\ts IllqUiR:d 118 con<I\tjomt to
cft'ccIivencsa of the DeveloplIIllDt Agrcemcat.
m. Within 1birty ~ AftrJr Final ~.al of a n..v..1Q11J"...... ~ A......q shall'
0-""'''''''' ~t\g In l/IlCIIdmeat of tile BcdcvcIopmeot l'Jan for tile BayfJ,ull1
Rl:deveIopmeut Projcx::t to bdng the land use provisioos into coo/'nnmollCe with the LCP.
,. lV. W'ttlrin 180 n.ys After IltJW 6ppmva1 otthc Develomnent ~ DevelqNll' _ball'
A. Submit to City drafts of the ~g required dor.nm.......~
1.
('.lmtr:o) Bcsort DisIJ:k:t Master Plan.
_/21277.1
2
.,23-/'/
"\\ i'
\ \ ~i
rUN 03 '94 1~:49
2. Habitat ~ aad Management PIaU.
3. Biological Resoume.s Management Plan. !
4. Public Pacl1it!es y.....nnUIg Plan.
5. Air QuaJJty IJoprovcmcDt Plan.
6. Watt;r Comc1vation Plan.
7. P8Ib aud RC8tolatioa Master Plan.
8. AffoldabIe BouslIIg T"T~nn Plan.
!
9. COmpleted AppHcatiall for remadve tract,map 8Dd gra,,1tlg ~
10. ~ PIaa-w1dch iacludcs a dcsIp ~"1<qc and a PllD pa('.....p.
11. AppNto.otlnn for CUP for sbared parking, inclodiDg leases for oved'low
parking on SDG&B p1upg:ty.
Provided that the City's pwjec::t maall8Gr is hired aDd further provided that an of the
above immJ are DOt su1>mllted to CIty witIdn any two-weeIc period. City will witbln 45 days of
n:ceipt of eacll of the abovo items provide Dovo1opor with a wriI.ttIl statement as 10 the
compL!Doo !tatwI of each itaI. 11Ie written -- shall illclnde a lilt of c:o~ and
lIt1rliri.......l items ~ for the appHCl'tkmIdocnmMt to be d~ complde.
V. All l".MIdltlnnll to Bffectiv_ oft.he DeveIoDmenl: A/!t'eMn- sball be lYWIIftlMM within
24 months of the lIJ!PmvaI oCtbe n..w.tnnm....t 1\2_......
.A. The effectivOllelll of the Developmalt Agreement will subject to the completion
of the following cooditloos wltb1n 24 IlIOIItbs of approval of the Development Ap:ement.
1. CompliaDce with orpmvision ofadequatJ: ''W''1'~ offu1mc compllauce
(mclnd1ng 1'lnllncW aSA~) an "C'nndirinn$ of RntItl~m_ll" ilfllJ"'S"l' by City Council
Resolution 16838 aDd Qrdl""....... No. 2532. No1Il: All ~itionll sball be OO"Ipu,=" with except
those wblch require a coutal dcvcIapmcmt p-nn;t
2. Approval of a Central Resort D:Istrlct M-.er Plan (approved as a precise
plan per CVMC).
_/:nm.l 3
,,23 - /..>
JUN 03 '94 1~:5a
3.
Am....ru"eI\t).
Approval of a B'~ ~"'$f^..mon and Manag~ Plan (l.CP
4. AppIOvaI.ofaBioJogical~..... ManagcmcatPIan (the "BRM!'") (l.CP
Amendment). Pursuant to tile ~ LCP, tile BRMP must inc1JJde:
a. all reqldnld C(' &:Rs, ordfn- IIIId policies necessary to
implement and eof'oo:e the BRMP;
b. CBQA JlltttgPffnn monitodng program;
c. predator IDIlIIgC8Imt pIan
d. human actl.vitlca piau;
e. landscape de8ip and mauagemeait plan;
f. water qaalitylmn offJ......;""ge lJWIIgeII1eIIt plan;
g. mudflat IIIId wethmd II1()nitnril1g plan;
h. project \igJItitIg plan;
1. CIOlISbUCtion IIIODitoIiDg and ~ plan.
5. Appmval of a Tentative Tmct Map for the Property.
6. Approval of all PedeDI. aDd SWe Pow.dti. (404, WIJ<< Quality etc.)
oceCllsary to complete gqdblg of tile catire Pxopedf and COIIIltructioD of lagoons.
7. T1I1p1l'lmMt1llVln or II."""~ of impJemCD1llIion of mffiglltbJ meastInlS
requimd by the eJisting Em and known mitigation --'w'" required by the project 1eYe1 BrR.
8. Appmval of tile Public p,...'!,"lifiH Fina~ Plan.
9. Approval of the AIr Quality Improvement Plan.
10. Approval of the Watm" Conservation Plan.
11. Approval of the Patb and Racrea1ion Master PJan(B) to be 'W'vM pdor
to or collCUmmt with the Master Plan for the c-ml Re.1ort District (may be split Jnto 2 pam
(aJ west oftbe ccatral resort district IIIId south of the acceu road to the NIe; (b) west and north
of the c:entrld n:sort dlstrlct.
ocm9H 11%77.1
4
:;.:1-/(,
rUN 03 '94 12::51
. 12. Approval of the Affordable P'{lO'!lIqg ImpJememtlon Plan for 100 units;
. SO low/SO ,mod., including phasini of the affordable bousIne Ida1iw to tile consttuction of
. private improvements on the ~ty.
13. Issuance of Coastal CcJmnriuion Findiog!tbat D8wlopment Agreemcut is
Consistel1t witl11be LCP as amended. :
: 14. Rdm~ of City sta1f and cxm'll,Ino1lt costs lncm:md siDce tIm
appIOYlll of the DevelopmeIIt AgmlmeDt and any prior sta1f costs as Jequh'e4 by the
DeveIopmeot Agn:emeut. :
15. Sllhmi~c/"" to City or City's ~ee of gnat deeds or imNoc:ablc offCQI
to ~ an Required Dedlcatioas.
16. CompJcti.oo and CcItification of a Project Lcval BIR.
17. Submission to aty of executed 191eCRI"'-"f;s with all "ff~ school
districts.
18. Approval by City of Specific Plan inr.hullqg a design package and a sl:n
pacbgo.
19. DeveJopersball provide to CIty BvJdeooe ofFl"'lJlCillgfor 8l1east aIlPbase
I development and if evidence of flaancl'lg Is not available for lIllbseq1u:Dt pbases a .....tAftle!lt
from Developer l1:giIlding anticipated IillIm:C3 of fimdiDg for ~t ~.
Dnelouer dMl-.- cl..rHi~nn of tIm Jcvd. of delail required.
20. DevaIoper &baJl provide City and Agent:y with evideDce of qllaJffi<<l (to
be defined in the Deve1opmeot Apeecacnt) opemtors to opeqte tIm holda, tcnJIis facility and
spotts facility in the CeIltral Resott Dlstdct.
n.-'- ............. right to cbange operators - DOt be confined to the
opedtor named prior to COIISUuction.
21. PUC approval of aU railroadItl'Ol1ey c:rossiJlgs and safety devices requiMd
for access to tile P1:opetty from "B:Street; "P" Street and the Memotis PiOpOdy.
22. Agreemeu1 amoag the City, Aaeocy ancl Developer, l~l",fillg a dml'llable
for impJ.ementaUon regaMillg the provision of access to tIm eum:atl.y 1A1IlIl.......!ald Ageaoy
property (Mmziotis l>roperty).
_/21277.\
s
~J "'1'1
JUN El3 '94 1<::52
. .
DtweIouer Js wiDing to address 1his noW and reach agreern~ priOr to
submitting the Developme.lit Agreement to tbe en...""I.
B. 1'ho Agetlt;y Iha1l use its beat efforts to ~ the fl........m..eIlt of the
Redevelopmeilt Plan for the BayfioDt Redevelllpl't~ Pmject Wilbln 20 montbs after lIpJJlOVI.I.
of the Dev(llopment Agreement .
VI. ~requisi1zls '? Finlt Bayf~unt Chon' Develooment ~
A. Prior to ;.............. of the first "",,<8' development pcumit, an of the items in
Scc:tioas I - V above must be compllcd with IlIu the foRowini:
1. 1irDvocabIe Offer oflWlattlon or GmI1 Deeds sball be reco.tdcd for all
interests in land requ.inld for public access in()t11l1hlg full street t1Nfl""filJllS, open IIplICC or
conservation as required by the LCP;
2. InevocIbJe offeu of <le61catlon Cll' gIlIIIl deeds sbaR be recorded for the
CAP site and all pub in the.Midbayfmutj
[Note: Items 1 and 2 may be m:lundant of Item V.1S]
3. T.bc pdiJtg plan 8hall be appIUVecl and necessary 404 pcmdts ~j
1bis involves <XlDIpliaDce with BIl BPA and ReglmW Water Quality
Control Board Standards;
a. CO'llPled,on of geotN'.lImca1llDd "'Igln.....;ng atudies inolvtIil1g soDs
and ~iflllli~;
b. approval of erosion control m~... ...,g
c. cboice of pond IiIII!l' IJld M1Mnlrment deslgn tor the lagoons
4. A site specific hydroloay SlUcIy must be <:omp1etcd
S. Prior to any grlItli11g, tbe water quality of 'p' lad wG' Stmlt III8lSh sball
be ml:llSU1'Cd to _hlioll boo"""'n... uiterla for ......iml'lllt and (".h"",;",,18. .
6. Tbc "pmject Jcvd.' cnviromnentaI. review (item V. 16) Iha1l COD8idcr at
.' a minjlllllm tile followhlg issues:
a.
soils and eeology
hydrology
b.
060l94/212TI.1
6
,)..1'lr
JUN 03 '94 12:52
c. air quality
d. biology ;""lnrli'1g watec quality; :p1lldalorlprey concems; vector
c:ontrol: ~ Dwteased hn.....n and pet pmsencc .
e. archaeology
f. pubHc p,,1ril1g mquirements
g. school sites
h. talfl'ic
Any new mitigation mea'll.''''' JP.lIIJlttllg froIn the project Jev~ Em shall be bwoIpo1all=d iIIlO
project cIesp lIDd .........dIns.
7. App&aat IJIUSt 1bnD a Mello Roes DistIWt or otber aa:eplable lI""nclng
...-N.nl~ to fi""...... capital costs for schoob (BIR find.. PI 63, PmR VoL II, pages 3-165-
66; VoL I, paaea 4-23-2S)
Note: Does DaveIq1eI: have a choke nl the ",<<h~",,,", he chooses to pay for his IChool
ob~I:.ans?
8. Dewklper sbaIlpay to City the $1 ...Ulinft wFirst CAP Paymeot" lDwards
1he CulluIal AIQ Facl1lty.
9. App1vval of Pmd P"~ CUP must be grantM prior to tho t""l,...",," of
a bl,,1dillg pennit for any pmJea mlyiug OIl sbanld pntiog IIIIIl to iDsuro that chaDges in the site
plan will not be requited (or can be proceased) which may a1l'ect any of tho uses whether or not
they will rely upon shared parldng.
VII. l'rior to the Fir8t Rnlldi"t" Permit
. A. The following items must be ~ prior to ill8tJ~~ of 1he fimt IPll1dmg
permit (as oppo6fId to the imt "",,_I dtwcIopmeIIt permit which will be a gmliug pcnoit)
1. DeveIopec abaD. pay to City the SSOO,OOO Second CAP Paymeat.
2. Privam fb hydlllnta IIIU8t be infmll...t lIDd operable prior to delivery of
.' l:OIIlbuWble bnl1dillg lmIf..m.l. to the site (BIR fhtrliftgs paga 60)
3. ~ abaD. submit a plan ahowiDg access routes, Aigl'''V- aDd public
parldng for pubUc pa:dcs aDd open space. (BIR FJntflllgR, page 56)
_/21277.1
7
. ,
..2.1"'/7
J\J'l El3 '94 12: 53
4. Developeuhall mhmlt """'l1ecI p1aDs for creation of 13.2 IICI.'e8 of DCW
wetland ~u. of GwIpowdet Point whicb IIlUSt be approved pJiorto tint building permit. (EIll
FiDdiDgs, pg. 31) ? Is this part of the BRMP'l Approved by who?
5. ~uited .tnmM ofliqucfactiou. and soils 8Iud1 be completed (LUP m-39,
Besolution 16838)
6. MidbayfioDt Sip. Proaam shaI1 be approved'by the City. (LCP/SP pg.
40). This sbouId be aeeon'tpnthed by approval of 1I1e Specffic iPIan.
7. BslablW..."...t of a IIllWlll' pump I1atlon 1'v-""'IIlII: diatrict. ('l'bU w.lIl pay
far the ~ of required pump stations - appeIIJlI on 1I1e water bill not tbe tax bm).
_,tI27'/.I
8
.-J.:J "'.2.1J)
1
Sl
:3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2S
26
21
28
_,2U3GJl
Cl....T..j
EXHIBIT B
%JIIClOlGi'J."" ~
Jl'oa DJ:SC11SSJ:O)l PtJRllOSBS OMLY
CHULA VISTA BAYFRONT
OWNER PARTICIPATION AND.
DEVELOPMENT AGREEMENT
.2.3 .....2./
cn.C"T"'C lC'n llnl"
JUN 03 '94 12:54
1
2
3
TABLE OF CONTENTS
4 RECITALS .... .. . . .. .. .. .. .. .. '. .. .:. .. . .. .. .. ..
5 A.
6 B. '
7 C.
8 D.
9 E.
1.0 F.
11 G.
12 H.
13 I.
14 J.
15 K.
16 L.
.. .. .. .
city's A1rt:hority to En'ter into Ag'reeaent .
The Property; Developer's :tntere.t .
bsm
2
2
3
Ag'engy's Authority to Enter into: the Agreement . . . .. 3
Purpose of This Aqraement
'l'be Redevelopment Plan .
Land tlse Entitlement.
. .. . .
. .
. .
. .
. .
I" .. .
,
.. '.. ..
. .
. .
. . .
. .
.. .. .. ..
.. .. .. ..
.. .. . ..
. ! ..
,
.. .. .. .. .. .. ..
EnviroJlllle1\ta1 Review . .
..........
.......
4
5
5
7
Agreement Subject to conditions to Effectiveness. . .. 8
Planninl1' Commission Approval . . . . . . . . . . . . .. 8
Ag'engy Approval
Public Hearinq .
. . .
..........
Adoption of Ordil1anoe Approving Agreement
1. 7 ARTICLE 1. - DDIKI'1'J:ONS
18 1.1
1.2
19 1.3
1.4
20 1.5
1.6
21 1.7
1.8
22 1.9
1.10
23 1.11
1.12
24 1.13
1.14
25 1.15
1.16
26 1.17
1.18
27 1.19
1.20
28 1.21
. .
..................
"Adoptinq Ordinance . . . . . . .
"Agreement- .. .. .. . . .. . " .. .. .. .. .. .. .. ..
w.Agency. ...................
"Appeal Period" .. .. .. .. .. .. .. .. .. . .. .. .. ..
"Applicable standArds" . . . . .
"Bayfront Specific Plan"
"CC&b" .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
"<::entrlll Resort District"
tlCJ!X'lA" .................................... .. .. ..
"elty" ..................
"city council" ..... .
"community Redevelopment Law . . . . . . .
"conditions of Entitlements"
"Conditions to Effectiveness"
"CUltural Arts FaCility"
"Day" or "DaY5u . . . . .
NDaveloper" . . .. . .. . . ..
"Developaent" . . .. . .. .. . ..
"Developmen~ Exaction- .. . . . .
IIDesiqn Standards" ..... ...... .... . ..~ .
-Effective Date- ... .. .. .. . . .. .. .. . .. .. .. .. .. ..
. .
. . .
. . .
. . .
. .
. . .
. .
. . .
. . .
. . .
. . .
.. . .. .. .. ..
. . .
.. .. .. ..
. . .
. .
. .
. . .
. .
. . .
. .
.. . .. .. ..
.
.. . .. .. ..
.. .. .. ..
. .
i
.
. :
.).;1 ....l '-
8
9
9
10
10
10
10
10
10
11
11
11
11
11
12
12
12
12
12
1.2
13
U
13
13
13
IE '94 1~:55
1
2
3
1.22
1.23
1.24
1.25
1.26
1.27
1.28
1.29
1.30
1.31
1.32
1.33
1.34
1.35
1.3Ei
1.37
1.38
1.39
1.40
1.41
1'.42
1.43
1.44
1.45
1.46
1.47
1.48
1.49
1.50
1.51
1.52
1.53
1.54
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
TABLE OF CONTENTS (Cent'd. 1
"Enabl.ing Resol.ut.ion"
"Entit.lements" ...
-Bx:hlb1t" . '" .. . . . . . .
"Final. Em" . . . . .
"General Fe_"
"Land Use Regulations" ..
"Land Use TeJ:1I" . . . .
. .
. . .
. . .
. .
. .
.....
.....
. .
.....
. . . .
. .
. . . ...
. .
. . . .
... . . '"
-x,cp" ... . . . . . . . . ... . . . . . '" . . . . . . .
8K1dhayfront. Land Use Plan" ... . ... ... ... . ... . ... ... . .
"Mit:.i,gation.Mon!torinq Report" ..........
nMor1:gage" .. ~ ~ . . . . ... ... ...
"Mortgagee- ... ... ... ... ... ...... ..................................
"Municipal Code- ....... .. ... . ... ...... ..........
"'Nature Cen:t:et:'- . . . .. . ... . . . ... . . ... . ...
"PU't.les- .. . ... ... ... ... ... ... ... ... ... ... ... ...
"Phasing" Plan" .............................. ....................
"Planning Commission" . . ... . . ... ... ... ... ... ... ... ... ... .
"Port District- ... .. ... .. .. ... .. III ... ... ... ... ... ...... ......
"Project" ... ... ... ... . ... ... ... ... ... ... ... ... ...
"Property" ............. .......
"Publio Faoilities Financing Plan. .... ..
"Required Dedications" . . . .
"Redevelopment Plan" .... . . . .
"RedevelOp1llent Project Area" . . .
"Reimbursement Agreement" . . . . . . . .
"Reservation of AUtl1Ority. .. .... . . .
"Resolut.ion No. 13346 Quality o~ Li~e Thresholds"
"The Review La't.t:.ar- . . . . . . . . . . . . . .
"SUbsequent Development Approvals" .......
"SUbsequent Land Use Regulations. . . . . . . . . .
"SUbs'tantlal COmpliance" ........... . . .. .. . . ..
"Tent:a"tive Map. .. .. .. .. . .. ... .............
"Vested. Fees" .. . .. .. .. .. .. . .. .... .........
20
AR'l'I:CLE 2. - EXHIBITS TO THIS AGREEMENT .
. .
21 ARTICLE 3.
22
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
23
24
25
26
27
28
. .
.. . . . ..
CONDITIONS TO EFFECT:IVENBSS
..........
conditions ot Entitlements
ApprOVed Central. Resort Distriot Master Pl.an
Habitat Restoration and Manaqement Plan . . .
BlOl.ogical Resources I'lanaqEllllent Plan .._
Tentative Tract: Map and Grading Plan
Federal and state Permits . . . . . .
nnplementation of Mitigation Measures .
Publio Facilities Financinq Plan
Air Quality Improvement Plan
Water Conservation Plan . . . . . .
Parks and Reoreation Maste!: Plan . . . .
Affordable Housing Plan . . . . . . .
Schools Agreement . . . .
. .
. .
. .
. .
. .
. .
. . .
. . .
. .
. . .
. .
. . .
. .. .. .
. .
. . .
ii
.
.2 J ...~j
~
14
14
.' 14
14
15
15
16
16
17
18
18
18
18
18
18
19
19
19
19
19
19
20
20
20
21
21
21
21
22
22
22
22
22
23
~4
. .
24
24
25
25
25
26
26
26
27
27
27
28
28
JlJN 03 '94 1~:56
TABLg OF CnN'TENTS fCont'd.. \
L EA!m
2
3 3.14 Finding of Consistency . . . . . . . . . . . . .. 28
3.15 COlllpensaticm of city staff and COnsultants. ... 28
4 3.16 R~ired De4ioations .. . . . . . . . . . . . . . 29
3.17 Environmental Review ... . . . .. . . . . . . . . 29
5 3.18 Bvi4ence of Finanoing Capacity . . . . . . . . 29
3.19 Precie. Plan . . . . . . . . . ... ... .. . . . . . .. 30
6 3.20 Evidence of Operators . . . . . . . . . . . . . .. 30
7 ARTICLE 4. - DESCRIPTION OF PROPERTY
8 ARTICLE 5. - VESTED RIGHTS
............
32
.................
32
9
5.1
5.2
5.3
5.4
5.5
5.6
5.7
Lam. .Use Term .. ... .". .. .. .. . .. . .. .. .. .. .. .. .. .. .. ..
Early Termination of vesting . .
Right to Develop .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
ureat of Agreement on Land Ose Regulations ...
Maximum Height: and size ot Structures . . .
Required COnd.emnation .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Developer AcJcnowledgelllent Regarding Fees and
Exactions............. ...
32
33
33
33
34
34
10
11
12
13
5.8
Reservations of Authority. . . . .
5.8.1 Lll1i;t:ations, ReServatious and
Exceptions .. . .
Intent ..............
36
37
14
5.8.2
. . .
37
39
40
. . .
15
ARTICLE 6. - DE\7ELOPMBN': PROGllAH
.. .. ... .. .. .. .. .. .. . .. .. .. ..
16
6.1 Developer'. Obligations. . . . . . . . . . . . . . 40
11 6.1.1 Ol:lligat:1on to Develop the Publio and
Private Improvements . . . . . . . . .. 40
18 6.1.2 Project to be Developed in Complete
Phases .... .. .. .. .. .. .. .. .. .. .. .. .. .. 41
19 6.1.3 Developer'S Commitment . . . . . . . 42
6.1.4 Anti-Discrimination During
20 construction. . . . . . .. ...... 42
6.1..5 complianoe with Applicable Laws. . .. 42
21 6.1.6 commenoement of Work Prior to Final Map. 42
6.1.7 Dedications, Reservations and
22 :r.provements of Land for Publio
Purposes ... .. .. . . .. .. .. .. .. . . . . . 43
23 6.1.8 Compliance with Affordable Housing
Obligations . . . . . . . . . .. ... 43
24 6.1.9 Insurance............. ... 43
6.1.10 bployment Outreach and Training . . . . 44
25 6.1.11 CUltural ArtD Facility _ ... 44
A. Require4 Dedication. . . . . . . .. 44
26 B. Initial CAF Payment ....... 44
c. Second CAP payaent. .. . . . 45
27 D. 'third CAP Payment. . . . . . . 46
E. Fourth CAP Payment. .... u' . . . 47
28 !'. CAP Matching Payments . . . . . . . 47
iii
.2. 3"'';''{
['ABLE OF CONTENTS (Cant'd.)
1
b.!m.
2
3
4
: G. Due Date of CAP Matching paymiant8 . 48
H. City CAP Decision Date . . . . . .. 49
. I. No Off.at .. . . . . . . . . '. .. ... 60
~ J. 'l'GrIlination of Developer CAP
Obliqat:ion . . . . . . . . . I. . .. 51
K. Seourit:y for CAP paymen'ts . .. 51
6.1.12 . Nature InteJ:pretlve Cen'ter . . . . . .. 52
. A. EstabliShment: of Fund. . .. ... 52
. B. . Annual Payment:. .......... 53
. C. Alternate NC Punding Source. . . .. 54
B. Security for NC Payments. . . . .. 58
6.2 Obligations of City . . . . . . . . . . . . . . .. 58
6. 2 .1 . Processing- of Application and perm!l.'ts .. 58
6.2.2 . street Vacations . . . . . . . . . . .. 58
6.2.3 CUltural Arts Facility . . . . . . . .. 58
A. Professional Fund Raiser. ..... 58
B. CUltural Arts Facility Decisibn
Date. ......."............... 59
6.2:.4- : Nature Center .. .. . .. .. .. .. ..' '. .. .. . 60
6.2.5 : Reimbursement Aqreement [to tie &4484) . . 60
6.3 Obligaticm.s of Agency . . . . . . . . . . . . . 60
6.3. 1 Reimbursement A'JX'EI&lllent [to be a4eled]. . 60
ARTICLE 7. - DEVBLOPMEN'l' IMPAC'.r FEES AND O'.l'JiW( EXAC'.rIOlls 61
5
6
!7
!18
:9
10
11.
12
13
14
15
7.1 .. .. .. .. .. .. .. .. .
.....
61
61
61
61
61
62
63
63
.. . .. . . . . . . ..
16
ARTICLE 8. - USB AND HAIN'l'ENANCE OF 'l'RE PROPERTY
.. ... . .. . ..
17
18
19
20
21
22
8.1 Use Covenant .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
8.2 Insurance, Haintenance and Restoration of the
Property: . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .' .. .. .. .. ..
8.2.1 . Maintenance of the Property .
8.2 . 2 : Restoration of the Property . . . .
8.2.3 . city Agency Enforcement. . . . . . . . .
8.2 . 4 . Haintenance S~ndard . . . :. . . .
ARTICLE 9. -
Bnn:)ING EFFECT; ENCtIMBRANCE OF PROPERTY;
STATus...... .....
. .
64
23
9.1
9.2
9.3
Bindinq Ei't:ect . . . . .
Discretion to Encumber
status ... . . . . .
. . . .
. . .
. .
. .
. .
64
64
64
. . .
24
25
ARTICLE 10. - ANNtJAL REVIEW; NO'l'ICE
.
65
26
27
2
10.1 Procedure for Annual Review . . . . . . . . . . 65
10.2 Information to be Provide.d by Developer . . . . .. 65
10.3 SUbstantial compliance . . . . . . . . . . . . 66
10.4 Findinq by city Dux-inq Annual Review Period that
Developer is in Default . . . . . . . . . . . .. 66
iv .2~'if.
9/~.d
t='T~P,[ b'::', t='~ "'lf1r
\
!
~~BLE OF CO~El$TS rCont'd.)
1
2
3
.
Estoppel certificates . .
10.5
. . . .
. .
......
4
ARfICLE 11. - DEFAULT . . . . . .
......
. .
. .
. .
. .
5 11.1 Option :to Set Matter for Hearinq or Institute
Reterence Proceed.inqs ;
. . . . . . . . . . . .
6 11.2 Waiver . . . .' . . . . . . . . . . . . . . .
11.3 Remedies upon Default . . . . . . . . . . . . . .
7 J.1.4 [TO be added] . . . . . . . . . . . . . . .
8 ARfICLE J.2. - KODIFICA'l'ION; SUSJ.>ENSION; TBJDaNATION
9
12.1
12.2
12.3
12.4
12.5
12.6
12.7
Emergency C1rOUJDStanoes . . . . . . . . . . . .. 69
Notification of t1nfor..een CircWIIIltanoes .... 611
Notice. of Hearinq . . . . . . . . .. .. . .. '. .. .. .. 10
Hearinq .. .. .. .. .. ~ .. ..'.. .. .. .~ .. .. .. .. .. .. .... ?O
Chanqe in state or 'ederal Law or .Regulations .. 71
Mot.ice, Xee1:ihq .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .... 71
Hearinq on Supm:sesslon of Developaent Agreement. 71
10
11
.12
13 ARTICLE J.3. - GBNJ:RAL PROVXS:J:ONS
..............
14
15
16
17
13.1 Notices . . . . . . . . . . . . . . . . . . . . .
13.2 Joint and Severlll Liability . . . . . . . . . .
13.3 Reference . . . . . . . . . . . . . . . . . . . .
13.4 lteference Procedure Unavailable . . . . . . . .
13.5 Severability . . . . . . . . . . . . . . . . . .
13.6 Recordation of Aqre_ent~ AlD.endllents . . . .
13.7 Xtems Detemlned to be SatiSfactory to City . . .
J.3.8 Attorneys' F_ and Costs . .
13.9 AppliCable LaW . . . . . . . . . . . . . . . . .
13 .10 ASsiqmaent . ~ . .
13.11 Term of Aqree_nt . . . . . . .
13.12 Conflict . . . . . . . . . . . . . . . . .
13.13 Relationship of Parties . . . . . . . . . . .
13.14 '.rhird. party Litiqat.ion . . . . . . . . . . . . .
18
19
20
21
22
23
34
25
26
27
28
.J.:J ... ,). t,
v
9/9 d
vl:El v6, E0 Nnr
~
67
68
68
68
69
69
69
72
72
73
73
76
76
76
77
77
77
78
79
79
80
80
~. _~t.o;"~:~~,~?'~~,gr~~~~'5~6~~~
'; ~ ~ ~ ~ ~~~ .1 ~ 5:* ~,,~., ::..
1,~~~ji(': f~,;,..,r 'l~r .
c
,
"
- 4
- ,
11Iii,~i~II;iiii!t~~x
40.4~4.~4~I~~4~~=4~. .
.
t!
:>
~
:::l
.r:
U
o
...
III
c:
o
'€
OJ
...
-0
o
~.:::
g E
:0." :.oJ
-<~
..c-o
'5 ~ <Ii
&~~
- t: ~,
Z.,;:(.:..
~..="'g
~ t ~
1:--) ~ 5"=
~s::;..:...;
~ t:: g c
~:7i _:::
~:.:.:..co
~ _.~\-
~.:: t: ~
~.- E E
~~.2E
s
;;,
c
CI,
0;
E :Ii
~~
~~
"'0 'f;
::::"
:2=2
..:,:.:!' ?3
'-n~ -
....'t:
l::3'..c :;:I
~ 1:;,,,
~,?;;
::r::: ;::
~ ~
~ ,";;; E
:.;. x 0
';..t.,~ :.oJ
,r
,
"
~ -
~--::
~ .~
~
~-~-
'. - ~
g~~
7- ":J.
-' -......
~~~]
~ :,.. .... r-
.E22~
i:::r""F ....,:'"
~.",' --
~~,~'c
- ~
::: .: -::: r
~ ';( S ~,.
u.. '.' - _
" ,
:<
~~~~l ~~
~~~~: B~
u
c 0
.5 QJ OJ-
",.;"~~
;>]ijcO'>
.s ~~ \5 '
.E Q ~ c;'"~
u_t::--..o
- ~ g~ffi'
Ot;::u..~_
>.".. e.o ~'.C
""2;r-:;-
U~N.c
Cl. V
~
~
~
~
"
8
"
,
,
d:
@
~ ~~ ~ o~ c.c~~o~ ~ OJ . OJc ~
~ '-\-C'-~ ~ ._~~ c - 8 ~ co~ ~OJ =
~ ~ '0 !.fi E ~ ~ 15 8. ..... ;r. 'f, 2 >, ~ ;::' ..l. '.0 S.,. ~ 5;s ......0 C ~ 'O.c ~ 0
........o.~~~~~.c_ ':=~_-::::~ 'f, ~e~~'f, 'IX- --,^-~~~'.~ >.~
~-;'=~~~~~O~~ (~ - :;:I Z'N-~_ =o~ _~J~~>~'O~v, ~_QJ~
"" _ ,-.. t"I: ... ~ ~ 't: '.,..__:- -_""'"_" )J '/. =- ~ 0 ~ '-' ~ :... c '-!::: -2 , C "V ~ =' ';1 ,~. ~ tit f; v> "" 0- ..;:; ..c
u l.r ,D 'a:;:.- I-. c'C.- . .~ =,. _.<. ~ ~~. -' 'F C' '-' .::=::- ~ ;::: ~ :::l :,; P o.~ ";::: c'r:;: 0 ~ ~ , ,
~~~~~,D~~.~~.~ - -2>.~ ~~~~~~~.~~.E~~~=~~t~~~ 'S~>-
!I-.~v~.~~ te~ ~~,~'~~e~~ -~~,D2~C~~~~~E~~~g~~OJ ~~~~
i:: ~. e: "C ~ I-. t.5.g "C~ .... 'fJ :: - :.. "C I-. c: _ "5 ~ I-. >'0 :....E >, 1a >'o.':;'x d ~ b '2-:g ~ o:S g;(; ~ ~
e ~ ~ ~ ~ ~ ce ~ ,~ 5 '~c.- == ~ g..:: :F. 2 ~ 0. V '" ""'1;;; 0 ,c - 0. t"I: 0 0 ~ ~ ~ v".;.;; U
.e ... "Q.... c c.: s c~...c.>' E >->0 ;,......"3.r-5~",o"3.~a:.=.!:: ~ E ('tl.c ~ 5 >>0. ::i
~~.g-E~~~~-B~1 '~;;g;.:~~~~ ~~~~~E ;;E~~o~E.s:a8~~!~~%~.5g,
OJ ~ ~:.s ('tl t:.o...-._ ~ 0 f::: ~ .......c ~ Ol c .S:: ::;)oJ >, 'S:: >. OJ >.~ E OJ . 6
~(j"; ,'''';:: 8.s t;j:' iQ ~"'O:--;::: __ ~ .? ~:~ I )'~~'/', 0."':::..0 ..... ~ ......~......
.s':=:~-:~'~~7'...c~,!:: =. g,","""_~~.~~3-_;'~~~~~ "f';~. i5.S"C-3g~~~~~
zS:,..2t-:St::::;~.::';::-= ~- s..:;'=:..1::..:: ..,~' .::~ .sE3...c-;;:'''p'~
;:: ~'C; 0 t- - =::.= ":::' -:;:: i i. 3 '. .€_' S :::::-:: ,=- 'f. -: 1.r~~~' ~ E..o V >, e 0 =
~">-=:::';c.-~c.c...c'C~.E. .__-- _?~:=:-= :e"'Pf) .cC:":l,,::::~~=-5w
:f",' '"'" ~ _ :,; '0.. = _ ;": 'jo' - 'f. :1;,;:;::::: - - _.... 'T _- _.~ oF- , . ~ ~ (".0 __ -, .:: ~ "7' c: ce
>.c.....z:;:IE.o~'-:::>,'J^.- ;:;:::- - .- . "I' ~. 'f.:r::~;y~~
_ c.J ~ 0.52" "E ~:4 ~' "'2'":" ~ ':" '.,,___'_; ;: ~ t: :: ~ -;;, - ' :.' ~..c: ~ ~ v.'; c.: ~ >
~...c~~cb~~~ C%~~-_~,,~ ....'-'c-::;~ ' ~-~~._~~ ~
]-~c~02~~ ~~~~ :.!ii~~=x ' -. ~~S~b~~ ~
, t; _ ~ [; ~ :.oJ ~ .Ii ~ ~ C :- -= :,.., :.., .l:......) 'f, c...5 'J; '2 ;: .' ~.... ~ '0 U.~ ~ "'0 ~
~~~~I-.~~~~~~':~~~~~E~~E~~_~ ~~~~~~~~E
,c""o,,,Z """,,,,,,,,,,,.s:..c"'''-=.i,s:''5,%!~>:;.~ -!' i!S."sel><l'ljS""rq
b-< ~ ''::;: S ~ < ...... u) ~ Q..l 'E ;: :...; ..;= :n "5,~ 'f. of. ee --= ~ - ~ 2 - "0' it: c -5 7Ii
~"'2~ C~...c<l~ "i=~I_S2~ 4~_ ,<I~C CR.~
If. Z. :..I 0 _ ...... ..... v:"'; ,::: _ ;,.., _ __ _ _ 1f'!':. "'" rJ') - ~ ~ "" ?,..,.
.
;
~
~
'.
^.
... ti Ii/;a! .....
3~'~
!llr
.1"
.,....
,
'"
Q)~gf
.;; :; '~
...."'-
0"'5 ......
III .r: oG
c: U '"
0...... .S
,- 0 -0
t '"
c:~~
:::l.-
u-U.
~
C
<I
2
c.
1
~
::,
C
~ ""
~ .~
> '"
<I ..c
:,.., to bG l::
E -'" ~,~ 'E ~
o '::i ~ " ~ <I
~ U ::E 22 ,51 ~
c~>, l:lGc::~
iJcG3~~~
. . . . . . .
~
.I>
;:l
'"
1;
'[:
J\
C
o
'l:J
'"
E
~
oG
C
<I
2
~
~
::E
""
.g
~
15:
.
'"
,::
o
'l:J
~
[g,
o
en
-t
~
OJ .~
~:c
0':0':
. .
""
~
C
'"
U C
o
%: ''::;:
'.0 ?3
<I ""
~ 'rl
5':>:
c"C'!)
- C C
e:: ~ @
.a --r: 1-
zd::~
. . .
.
.
~"'~.3
~C ""
'2 ~ -5 i;' B ..s
::l ~ ",,,s ~ '" -0 ""
~ ~ 1ii ~ ~ 'n 'l~ ~..s
VI 0;::1 __ ~ ~ u ..." C L.';;. C
.- u'-" ~ $3 0 ~ d ;::I lOVJ ~
> ",!l g...15~~ ~'€ ~~ 1;
~ ~ l~ ~ ,c... ~ -0 'C ~
~ll-.O-o] ~]] ~~!'il
u "",s/ ~ .a u ~ a ~ ~ .I> If
'O:~ ~ ~~~:e~1 ~~~
~ "s 0:= 0 ~ '" ';;! "" ,g -0
iJ ",g~ ~B 11l,~ ~s] ~
OJ .~ ;g .g is .a : 2..s ~ "" ~
oS is - ~ ~ '" '" >< ~ C ,51 .;.;
~ ~ 0" '" -0 '" ~ bii c..s
'O;>..c"s.sc.EcocElin
('tl";:;l ;::I ::: 0 u ~ b,C: ~..-:,l
..9!:; l':: &1 6 ~ ,5 "s ,~~ . ~I:lj,
:+:6 0 ~ ,::u2J il'O in g,o,c 5
o 2"'-E~650i:';;;~:C
0: '08 OJ~Ecn~:EJ=~
. 0 .
::;''1 <T'<::;. c.." 0" III C
~ .0 ~ g r'C ;;E :3. ~ :g "'C 0
::hc.3;._..., ~ 0..-<,:::: :-:2"0 _
- - :, " - "" - . ~ ~ - ow
S' 'I '< c.. "" "" S'" b::.i "', -. '"
~ Q,. 'Jl . "SL =: ~ :g ==~. ::A Q ~
c...".,~ '< ~. - -. '-" .... ~ ::r
o .".... ~ ...J -. - := ..., -. to
~"'" ca.:tr::::.'JlnO
- -. ""'\ 0 -,-. ~ 1""1
Q. Q) e.. "'1:;' ~ ::t. -4: 0 .::;" ~ _.
"""" - "3" 0 " .., "" "'.....
" 0 r;' .0 3" ~ "" 0 '<
r> Ia." "" "" " :I: 0 ~ g _
t:t. := ::;' rJi -::0 - 'J; n.- .....
g ~ ~ ~~ ~~ g: ~ ::n m
3 . ~ .... '"'; 'C ::I =- ;o"'C
r. .f. 'Ji "; ~ =: 'f; :.;, .
c:..t h- -. - - ,-. .-.,J
'" '0 '''is "''''::.i 0:'"
- a -c::.... _=::: =::,,-:;"1
<T -: "'I ". -. - -. -'
rt....' ""I ~rJl - r.n ~ ro;l
Q a. 0<T3::ro
'" - "'" '< e:"
g.rn .gj~~::;.ia,,<<
So ""::rili"",:;!,,
ti So Q~ g. ~ ~ ~ @
0.. :J !:t. -. = aq 'C ::I 'C
_= 0 <:to - Iii
"::::c.n ::100 l"\:lc
..... =~ ii'<
0.. - ~ :::: :.;, - c S' . ~ ~ ~ . ~. C'D ~:r:
"':::t':2~~~x "r:.:;:Cr'?"5:::c;:n3:JO
~",' goJ: ~_".~: ~"..~ ~,,~ ? ::' ~ 5' ~ g ~. ~ ~ "0 c.. ~
~ - . ::: c..:5.:: " :1 ~ n 0- 0 _
=' J -:::r::; ;::: :: <; Y' :r '< C Ill"
, ~ g ~ ~,< ~. ~ ..., Q.. - 3'~ ..... ..... c 3"
"3-~ :i:.'~O_:rOM'IlI::l
~ =- eo: 2. ~ :;:., ~ ::f;; g~' ~ ~ ~:.. I'D r:r QJ
;:; =- PO< ~ g i1 ":a _'0 -',;:., ;a 0 ::l
;:l - - :::: ~ -0 ; 3 ~ ~ ,._.
- ;.:. -< - ::' .... :r. ~ '< :3 0 "SL ;:::. w~ 0 ::;. ::3
- -- 'J, r= 5 ~ S' ~ t:. ~ 0 ~ "'0 t""l fit
,~n i:ii ?~~ :~>1 ~ j;:"8 ~~
. ;. :7.a=ar,;g ~Qj"'"
=- c..;:;- ~ s' ~ ~ S 0 ~ n...., ::::""'L c: t'D
'5 ~ g :J.:" 'S ....: ~ ? -,~ ::r~- =''0' :li < Q.
"0 ~ --' c i=:' 0 :::a. ,5.. g. cr ;::;" Vi' -.
c: ;::,.'''0 0.. '..!: ,.... Q,l 'oJ _ Qj ::l
-' """'-""'-'0~""-3--"'~";;''"' "....::1""::r /I)' 0-
O"':s (tl '< 0 t::tl::: :r 0 = cO'o ~ ...... ~......... 0 n c.. c.. .::1 i:: {/l 0 U'l .._.
~ s: ~ g ~ rr =i :-, ~ 1f ;- c ~. ~ 5'~ J g ~;1~, ~ [ Et ~. g. ~ ." '" s.
" "'- "," i5" g: '" "" rn ~o' 3 g, ~gs :::' ~ g , , a ::;" 2 ~ :;:' ",' '\)l" 0-
0.. ;::r -. ~. ., c::t.::I 0..... Q,l::s t::',.... 0 ~ ~ 0'" ~ 11l.;l, .. c:
"q = a '< 0 Ia. - <T,<!" i7.;! -; '" ~ - "a g. $ III
g ..... 0". g t::tl Q, ....:: - - ',I'; ~ '(l' Q,l l-" -
5;:j = ~:.l;::..... iT $.
33 9-S':iE
tll ~llIs-
~~ ~~~
~ - \0 ::l .,
atl~ I'Drotoc;
" 0 ~ 0- fJ:!.. -.
3 " - -. - @
g: " " -= c..::;..o <:t, 3 ::l '< '"
1ii~ g ~r1" ~g ~....,e,o III
. ~!if::;' ~ ~ 6i '" " ::l' ~..; iil
"" -!22..1f2..Orl ;;g.::l"0
is' ::;. i(l S' <:t, c.. ~ ~ -, III '< :t:
.., " <T H-. 0 -, '< 0 q - la. /I)
_"'OSio-" i(l,,::: 0 '-.1 "Ill ..,
o~O'.(tl",=,C"'"'O~_ t'D
::;. ~ rn ~ a Si'g, ~ 9 -< 0-
ro=>I..O(")~(")Q,lC
_ ::I (") l-" ~ -. ~ (") _
OJ(tlr'''>U'J::I.....('')Q,l
g. ;;:; ~ ~ ~ ~ 'S. ~ ~
'" " PI ::I." '" ::;. 3 0;-
g. ~ ill Q 9- ~ " g, 'S,
~. ~ (tl ~::::
g a
\llonl:ll??~
6 e::= c " " ;:to
~tttl~~88~
~_o..,cc;:t
i% o~ g.~~
/il.g... ":;;;P
;."'1{' ~..~
~.s. la, [
~ @ g ~.
Oi;' _
~ "" .
o~
.., "
-0;-
. 0".
~
.
rrc.:g, QJ C
~~tDzc:O
...cr,oooi,nCJ
~.~ 0'1' . '0
::ro.>;:J::l,,"O
-~.o~~'~
c ;:; ::. =- N' @
0: ::rrl " /I) ::l
- " if, - ::l ...
~ ~ :r@' .'OJ U'l
5' :r ~ iiJ :T
_oae", QJ
~ ~. ;; 15 t6
c:: <:t, 3 fr "'0
:= 0"'0 ~
:=;,,'::1 00
Qo,<3 C"'
- -. (? --' I'D
;o~V!~
!:;.f'tl(go..
ii: 3$n
. "" 0
0" "
'1i ::;. '1
(tl(tl2.,
",' :>>
Po
tTlf);'Ul-~S'~-J~~~
~ g ~ s-~ '" "'::\ S' '" ,,'
,,' ~. g 3 -g. a ~ [~ ~ 3
~ .., ":"'l ~ ..., 0 s; G, ::l' t"1": ~.
'1- ~- ~ o' ~ '1 ~ 5 ~ ~ CiQ
~::r'= It "s'
'" . "
~
.
"" 3 :;l<:t, C
a~,,3UlO
@ '< n ~. 0 :s
~ g.~'::: ~ ....
~~ ~~ g
::; 8 n.'2.. 0-
(tl c :5.(=)'-'
e.i - ~ ~
~ rn ~.1ii g
~~@~ii1
"""'''O(tl'<CQ
!;t. '" ~ " /I)
S Q ;? 0-
t'tl 5 ...
...., Co .....
S'U; = 0 ..,.
::;.o~, 0:-<
,,~g ~~
~~ ~ ~~.
g' S' 8 ~ ~
"I~-
"'Onnn:>::J;l
I'tl ::3 0 0 ~ ....
~ 3' 3 3 -, ~
" " 3 3 ~ '"
O5>ssn
Etl ~ -, -, 0
@-<-<Q~
""I I/i 'J)O,q
-('(lOO
.,,,-
:>'00
@ /il Sl
00l@
Sg"1.
@ ...
..,...
~~q::O~
I'tl n !"")
"".., ~
C I'tl I'tl l::l
OJ Q,l OJ......
..., 0',0'(5'
C;gg::s
Ul?,
c: 0:
~ "
s. .
~
..,
-
.
d.~-9t
tTlb:J2~
=~ClS'
:5.-." "
.., {/l ::I :=
o sr -. -
3 a~~.
,., .,,~
a !f"
~::3$
." ~ _.
-..,'"
g .~.
" -
.., .
~ ~ 'C S' ~ g" ro ~ '@ g. ~ "O:J:
rr'C g ~ 'C U'J ~ ?5" Po: :: ":":;c. QJ 0
'" a " c: =' - 0.> " '" 'f. - ~ ~ c::
c. x U'J ,.., ;J .0 ::l ::t,:::". -, )::" ;::0 -. <
o -. if, ~ ~ 12 0.. 0 ~ :::: ~ ...:; C. 0-
::::l :;l' -:::::' _ ~..........:::: ........""1 ;;.; -"0
..... ,..., ;J>:::: 'J; -. C 't ~. - :l - 0
:::;=-"C':J-?r""l""1'52_::::Q.I(O
Q ::?."C ;. ;;. 6. c ~ -a. s-, ; ~ ~ \II
r, '< =:::::; c ""'I. _.:; ..:; t-- '10'
iJ.-0-=-~::..;;.r::;::::.~ '" roto
vi ~ g; s:-<" I'tl =' rj, 5 b-;:! 2 :;.;r
o - ('(l ::I.... _ ,... ...., .. ....' ..; .....
'" 'S 0 " "'. "' "" :5. 0" ... "
~ 5i ~ == g; s. r> ~ 0 ~ ~ :r.::t
;>';'" c _ g ('(l 1"'0 ~ _, ~ Ui a I'D '<
",a,,,, ""0:::1,""''"11'''0-
--::l '-"-< ~ to
~ '< I'tl 0 cr. r;- -'., ::l ~ _ I'D
" e: 1i: <:t, '<3 .?:::i :; 3 :- i5' /I) ~
..., ('(l -.?S' -c ~ =-:; ..: 0. ~ ""'l
~ := :. 0.. ~ ~ fj c 3' ~ G -0' 3
nO-C"" I"':_r.. _--' _
:r 0'. ?O '< (/) e; :; ,.: ::: ~ :::.. :3 :,
""1S''''3''''',;"~,,,,,.","O/I)
=-o.(tl ~(J';I"!i_'::::'/."""
"<T~~" 0: ~E17~?fa ~
~'<a~~:r....r';'~ r"'l::r
-'30';:"2"03 s.;J",,::l'/I) 0
:; E." ::;. - ~ 0.> _ " 'g,:oJ ~
:;r- ",I = :r'0" r" ~ ...,j
('(l 5R~7~9
- -
_:I:lig
o g 3 ;;!
.., 1a'3 ;;!
" " "
.:Jtl := ::t
Ii ~. q.
:;OI::J
~~~
=11l~
l:f 0%
~ ~
" "
;a~
Ul
'\?
~
~:
"
"'O1:ll1:l:l
-""
~ s:~
tTj 5':;'
i:i""""
~""f;>
'::r:::Z:
~ 0 c
'1-~~
~'~'
s-
on
?1
~
.
d':;';~6:e.Q
~ ~ q = 5'~"
1"'0 0. r; -. -'....
_;::7::l:;~
~ '....=1. -:;,"7'-
I't a '''-: = ~
8 ~ >t;:::;i
a.:~ ~';.:.'
Vi..... -,
f);'Ji
"':,c
oo'?c:
g n,
-a,
" _.
"L
-~
~~
S1Sl
!"'j n
1"'0 r"';
.g:~
.-:: 'f,
tf
z ~:
.
OJ cr, fJl::r'C c:r.'C roto c::
"Co f"tlo.., 0<
'C=o:;t.,=o~
Pf Ul E.. 0 ~U'J :S. ~ 0 ~
o.>i5"c..3S~::r~'"
g, ::. ~ - 1"0 CJ.c
" :::r-'-::r~ 0.> 3 -. C
, 1";l"'O ~ _ c."O ::s CJ
- Q.."'11"'O 1"0 -1lI-
x" r, c..~ 0 -.
:;;~.o(1qW3r"'l~
-". " ""J. _."
<:to =1 -" "" ..... Qj
g 2. ~ ~ g. ~ ~ 0'.
" ~ c.. ==" 0' O' 0
:;j~c::U'Jo"CC"'::J
;'< g. ~ &'8 '-.1 '"
UlOIJ')Q..f'tl:1 CJ
Ul c. ~ l:: ..,
2\''8 :;lg:'8::. /I)
"" ~ ..., c=: Ul,~ :3
--' U'J 0'. a:,<; I'D
8", 5' rn 0 ~ /I)
::;'U'J8'::s.::J:= C.
'C::;'::Ij.oo /I)
rrl"O;:j ca C.
cr..o a ~(")
::l c...... 6i (tl
"" ~g ~ ~
if~ 0 g
;:P::l'::9tTl:>>:>'
::J.::I Q..~
g; ~ '" ~'~. I!.
r, ::l -6' 0 a. ~
='::1 Cl.l ::l I/J !;;;'
- " ~- <:t ~
'O-':;:o'~~~
-5>....--
,.J ,,~_._.
:: ":::',, '"
~ &:"Q,l t::::.. "tI ro::.
0".,< '" " :>
C Ul (tl (")0
::::l '1. a 0 ~
n I"'O::S-<
o ":Ii '"
~ -<*
"" :>"
-, 1j; C'
t. ~. Q'
-= S--'
- ;? ~
~~
5>s-
~f!i
'<0
'" ..,
-
t:':t:':o~
cr"cr"(tlt::r'
.., ~ :i. a
~"::! e!..-:!
"'-0
.....~ ~ t:":
",c..
" rn
~~'8 :iE
'!9.~Ia....., :r
= _. C'. ::f QI
2.~ g 1"0 rot>
'::I'::jVlO'QI
i1Cl:3 ....-..,
00'"= 0 t'D
;'!2.. =- 'S, '"
'" c.."" 0
"" n,~ 3
:1. =' -<_.
~ 0 ~;a. (f)
... ~~.n -
o Vl 0 ;:;. )(
"'g:.O""DlQl
a ~ &OJ 3
r1Q-Ul::t''O
""i :r Ul ~ _
~ Vi'&; ~ /I)
~,o' Q ~ VI
.$ cr"r::,~ 0
'v -, 0 d ....
(S'" IJJ = "0 "
< 50 v. .::r -.
~I"'O~ Ul~
[Il :;- 0_.
-- 3-'0
. C"
'"
."
nno,.,
oo,,~
335i~
"" "" tTl
~~::s
~ ~~~'
::pOoiJi
lOI/il~
o ~ \)l
.., .., iJi
~ -
.
9.~::!1
i(l " ~
~~
.., ::r
on"
;f..,
"" .
@
Q"
"
"
III
f
~
~.
;
-..
........
.-.
t'"
~~~Q~:;l~~fi~
~ 0..::.;4 ~ ~ .=. 5' d... :;:'
(/)i';'C38.q::;-J-g~~~
"'0 ~ -. t::! -' --' - ,.. -
0.> ~ ~ ~ " :::'~ ~ ~ ~
..... 1"0 ;::;. >t g,::; :=. = __::::
~:g:s:: ~~:::~' .~
"~~ Ul-"":>;
~ ~::r x "5
(") -, ~ D. 0" ~
8" *..... ~ ..., rtI
'1- (")* fl4 :.
"
~ ~ -0- ( ,::to Q.."Q...Q -b;. ~_.
COUNCIL AGENDA STATEMENT
l",EHl)C'i
Item
Meeting date 6/14/94
Item Title:
Resolution I'$" '1 approving and authorizing the City Manager to
execute a one year lease agreement with the Kelton Title Corporation
for the Chula Vista Telecenter Project and supporting the development
of two telecenters.
Barbara Bamberger, Environmental Resource Manag~
Submitted bv:
Reviewed bv: John D. Goss, City Manager i (4/5th Vote: Yes....!.. No..J
On February 1st 1994, the City Council approved ~articipation in the CaltranslUC-Davis
Neighborhood Telecenter Project, and supported opening a telecenter in Chula Vista. Since
that time, staff has been working with the Telecenter Task Force to secure an appropriate site,
based upon the criteria provided to us by the Neighborhood Telecenter Project. This action
will result in approval of a one year lease agreement for the first telecenter site, which will be
located at 1550 East H Street, Suite J on the corner of Otay Lakes Road and East H Street
and a change in the original scope of the telecenter contract, which proposed to build one
large telecenter, replacing it with two small telecenters.
Recommendations:
Approve authorizing the City Manager to execute a one year lease agreement with the Kelton
Title Corporation for the purpose of opening a telecenter and approval of two telecenters.
Boards/Commissions Recommendations: n/a.
Discussion:
Over the past three months, staff have been reviewing potential sites for the Chula Vista
Telecenter, originally proposed as a 3,000 square foot center with 20 workstations. Guided
by the Telecenter Task Force, staff had originally proposed a downtown location but due to
. the fact that the downtown site was in the process of a redevelopment effort and that
contractual obligations required the City to have the telecenter open by August 1 st, 1994, the
Task Force had to reconsider its options. Staff evaluated the responses received from the
City's extensive marketing efforts, including an evaluation of the list of prospective
telecommuters to see where each of the telecommuters live. Of the total, more than half live
only a few miles from the East H Street location, with the rest living close to the downtown
location. This information was presented to the Task Force, and the Task Force proposed
revising the Telecenter project to include two small telecenters instead of one large telecenter,
utilizing the same budget without incurring any additional costs to the general fund.
Upon approval of the Kelton lease by Council, this agreement will obligate the City to pay
lI. - ::t-
Page 2, Item
Meeting Date 6/14/94
"gross rent" at the rate of $1.14 per square foot for approximately 1400 per square feet, which
is a total of $19,200 per year. The lease includes a one year option to extend the lease at the
existing lease rate plus a CPI increase. Lease payments are included within the City's
existing telecenter budget and all costs are reimbursable under existing CaltransfUC - Davis
funding. Within the grant, $36,000 is specifically budgeted for lease payments.
The first site is located in Eastern Chula Vista and, if the lease agreement is approved by
Council, it will open by August 1st. The second site will be located in downtown Chula
Vista and is on schedule to open in the fall of 1994. The combined size of the two centers
would total approximately 3,300 square feet which is 300 feet more than planned for the
original site. The two sites would have the effect of better serving two different markets and
enhancing our goal of eliminating vehicle trips. Similarly, an analysis of census tract data
shows a high concentration of potential telecommuters in both eastern Chula vista and in
downtown.
During final negotiation of the lease for the East H Street site, it was brought to staffs
attention that the Landlord's contractor needs four to six weeks to complete the tenant
improvements described in the lease in exhibit C. The City is obligated by its contract with
CalTrans to have the first telecenter site in operation no later than August 1, 1994. The
Landlord will not begin tenant improvements before the lease is signed by the City Manager
and approved by City Council. In order for the Landlord to guarantee that our space will be
ready for occupancy by July 31, they require that they receive the signed and approved lease
by June 15, 1994. This will provide them the opportunity to get building permits processed
by June 17 and begin construction on June 20, which is six weeks before our opening
deadline (see Rider II in lease for timeline).
Therefore, in order to ensure that the first telecenter site is ready for occupancy in time for
the City to begin operation of the Telecenter in accordance with the timeline agreed to with
CalTrans, it is necessary for the City Council to take action on this lease immediately.
FISCAL IMPACT
Lease payments are included within the CaltransfUC-Davis Telecenter budget and all lease
payment and related costs are reimbursable through existing grant funding. Within existing
grant funding, the City earmarked specifically for lease payments. This lease agreement will
obligate the City to pay $1.14 per square foot at 1400 square feet, which is a total of $19,200
for the first telecenter site. If the lease payment funding is lost, the lease allows the City to
terminate the lease with 30 days notice. The total lease payments will leave $16,850 in the
budget to fund the second telecenter lease, currently the negotiated annual lease cost for the
second telecenter is $24,000, leaving a $7150 shortfall. Staff has applied for and expects to
receive an additional $8,000 in order to cover this shortfall and will finalize negotiating the
second lease until additional funds are secured. If no additional funds have been secured, it is
theoretically possible that the Telecenter program may need to apply for general fund subsidy
to the extent of any lease payment shortfall not funded by outside sources.
Attachments:
Lease Agreement
t{~Z
RESOLUTION NO. 17534
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
EXECUTE A ONE YEAR LEASE AGREEMENT WITH THE
KELTON TITLE CORPORATION FOR THE CHULA VISTA
TELECENTER PROJECT AND APPROVING THE
DEVELOPMENT OF TWO TELECENTERS
WHEREAS, on February 1, 1994, the city council approved
participation in the Caltrans/UC-Davis Neighborhood Telecenter
project, and supported opening a telecenter in Chula vista; and
WHEREAS, since that time, staff has been working with the
Telecenter Task Force to secure an appropriate site which complies
with Neighborhood Telecenter Project site selection criteria; and
WHEREAS, in the course of searching for an appropriate
site, the Telecenter Task Force and staff determined that the
Neighborhood Telecenter Project would be better served by the
development of two telecenter sites, one located in the downtown
area, and one located east of the 805 freeway; and
WHEREAS, funding sources for the Neighborhood Telecenter
Project have approved the development of two telecenter sites; and
WHEREAS, staff has negotiated on reasonable terms a one
year lease agreement for the first telecenter site, which will be
located east of the 805 freeway at 1550 East H Street, Suite J on
the corner of otay Lakes Road and East H Street; and
WHEREAS, pursuant to Government Code Section
54954.2(b) (2), the city Council can consider an item on the agenda
where there is a need to take immediate action and the need for
such action came to the attention of the City subsequent to the
agenda being posted; and
WHEREAS, staff has demonstrated that such an immediate
action is necessary and appropriate in this case.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve (a) the development of two
telecenters, one located in the downtown area and one located east
of the 805 freeway, and (b) a one year lease agreement with the
Kelton Title Corporation for the east of the 805 freeway telecenter
site, 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) .
tta
BE IT FURTHER RESOLVED that the City Manager is hereby
authorized to execute said lease agreement for and on behalf of the
City of Chula vista.
Presented by
Approved as to form by
~~ ~
Barbara Bamberger, Environmental
Resources Manager
C:\r8\kelton
fA ~ f
L BAS B
THIS LEASE is entered into on the date set forth below by and
between the undersigned Landlord and Tenant.
Landlord in consideration of the covenants and subject to the
terms and conditions contained herein does hereby lease to Tenant the
premises described below to be used only for the purpose set forth
below. The term of this lease shall commence and terminate as set
forth below.
I the premises to Tenant on or before said commence , ere
shall be a proportionate deducti or the period between sai
commencement d me,Landlord does deliver possession ~f th
If this lease contemplates the construction of a new building
or the alteration of an existing one, Landlord (a) will start the
construction or alteration as soon as plans and specifications are
completed and approved by Landlord and Tenant and a building permit is
obtained from the governmental agency having jurisdiction over the
premises and (b) will prosecute the work diligently to completion
unless prevented by strikes, lockouts, acts of God or other causes
beyond Landlord's control. Construction and commencement date shall
be governed by the terms of Exhibit "A".
If the building is not complete within twenty-four (24) months
from the date of execution of this lease, this lease shall terminate,
Tenant's deposits shall be refunded, and there shall be no further
liability of either party to the other.
FIRST: Tenant shall pay to Landlord, in legal tender,
and every month during the term of this lease, as rent, ai'l._~
guaranteed monthly rent set forth below.
set forth below based upon Tenant's gross business done at
from the premises, whichever amount is greater. nant's
sublease or assignment of this lease, anteed monthly rent
shall be, in lieu of the amo orth below, the monthly average
of the total rent enant for the twenty-four (24) month period
precedin e of the assignment, but not less than the amount set
The guaranteed monthly rent shall be paid in advance on the
first day of each month during the term of this lease, commencing with
the commencement date of the lease. If the commencement day is other
than the first day of the month, the guaranteed monthly rent for that
partial month shall be prorated from the commencement date to the
first day of the following month. 'JIll. reR' 88R'11.&1I &!IseJ!siI.4 "t_ _
percent of Tenant's gross business is herein described as the
percentage rent and shall be paid as follows: Within.1S da er
the end of each month during the term hereof, Tenant s send to
Landlord a statement in writing, certified by Te to be correct,
showing the total gross business done at, d from the premises
during the preceding month and shal ompany each such statement
with a payment to Landlord e ent to the percent set forth below
of the total gross busi one during said preceding month, less the
guaranteed monthl paid for such month. If the statement of the
percentage or any month shows no percentage rental due for that
month n the guaranteed monthly rent previously paid shall be
7~& \&~m H,~... ~Y.!R...H aa yea. ift _hi. lea.. ahall iR.l~ja
the entire gross receipts from sales and services of every kind and
nature, whether they are upon credit or for cash, from the bus s
conducted at, in and from the premises. Business upon shall be
deemed cash business, and shall be included in th ss business for
the period during which the merchandise or ces are delivered to
or rendered to customers, whether or tle to the merchandise
passes with delivery. There s e deducted from gross receipts,
refunds or allowances ma customers and such amounts as have been
included in the am of gross receipts which are collected by Tenant
and paid by 0 the Federal, State or local governments for sales
taxes or excise taxes calcu~.ted and charged by Tenant on sal~
1/0
,.
10-85 . ~
I
v
,
//
"88&R_ .kall haap RSlilliwa'a 1"8&8.&8 sf hie Ilail:, ~~O_... h"'~~II'C;:~_
done at, in and from the premises, which shall include not only
receipts from sales and services made or rendered on the premises
also receipts from sales and services originating at the premise '
made or rendered outside the premises, and Landlord shall have e
right at any and all times during regular business hours to amine
and inspect by himself, his agents or employees, all of t sales
books, tax reports, and other records of Tenant pertain' 9 to Tenant'.
business conducted at, in and from the premises for t purpose of
investigating and verifying the truth and accuracy any statement of
gross business. And if any such statement shall e found to be
willfully or substantially falsified, this Ie ,at the option of
Landlord, may be cancelled and terminated, Landlord may avail
himself of any other remedy provided for this lease or at law. In
any event, if an investigation of Tena s records discloses an
understatement of the reported gross eceipts by more than two (2\)
percent, Tenant shall pay, as add onal rent, Landlord's cost of the
investigation and any deficienc aue Landlord.
The acceptance by dlord of any monies paid to Landlord by
Tenant as percentage ren , based upon any statement furnished by
Tenant, shall not be admission by Landlord of the accuracy of said
statement.
"
Notwit anding the agreement contained herein for the payment
by Tenant of ent based upon a percentage of sales as hereinabove
provided, is expressly understood that Landlord shall not be ~
constru or held to be a partner or associate of Tenant in the
cond of the business in connection with this lease. The
re ionship between the parties hereto is, and shall at all times IN~
. ,HERE
J SECOND: IF TENANT OCCUPIES THE PREMISES AFTER THE EXPIRATION
fl DA OF THIS LEASE, WITH THE CONSENT OF LANDLORD EXPRESS OR IMPLIED,
INI~~~H S LEASE SHALL BE EXTENDED AS A TENANCY FROM MONTH TO MONTH, ON THE
~<R$ E TERMS AS THIS LEASE EXCEPT AS TO THE TERM OF THE LEASE, AND
ENANT Y LANDLORD ON THE FIRST DAY OF EACH MONTH, IN ADVANCE,
A SUM EQUAL TO THE GUARANTEED MONTHLY RENTAL PAID FOR THE LAST
MONTH OF THE ASE, PLUS THE AMOUNT OF THE PERCENTAGE RENT WHICH WAS
PAYABLE FOR THE MONTH TWO (2) MONTHS PRECEDING THE CURRENT MONTH.
THIRD: Tenant hereby acknowledges that late payment by Tenant
to Landlord of rent or other sums due hereunder will cause Landlord to
incur costs not contemplated by this Lease, the exact amount of which
will be extremely difficult to ascertain. Such costs include, but are
not limited to, processing and accounting charges, and late charges
which may be imposed upon Landlord by terms of any mortgage or trust
deed covering the Premises. Accordingly, if any installment of rent
or any sum due from Tena~ shall not be received by Landlord or
Landlord's designee within ten (10) days after due, then Tenant shall
pay to Landlord a late charge equal to ten (10\) percent of such
overdue ~mount, plus any attorneys' fees incurred by Landlord by
reason of Tenant's failure to pay rent and/or other charges when due
hereunder. These additional sums shall be deemed extra rent. The
parties hereby agree that such late charges represent a fair and
reasonable estimate of the cost that Landlord will incur by reason of
the late payment by Tenant. Acceptance of such late charges by the
Landlord shall in no event constitute a waiver of Tenant's default
with respect to such overdue amount, nor prevent Landlord from
exercising any of the other rights and remedies granted hereunder.
P9YRiIlI TaRRR' .kall ,ay taR.l... 'he ..B~n\ af all l~al
estate and personal property taxes and insurance premiums attribu
to the premises. These payments shall be deemed additional .
Each month the Tenant shall pay Landlord one twelfth ( of the
amount estimated by Landlord to be the annual tot ount for these
items. Within thirty (30) days after the e the June 30 fiscal
year the actual amount paid by Landlor ng the prior fiscal year
shall be determined. If Tenant 0 more money to Landlord he shall
pay it with his next month' ranteed minimum month's rental
payment. If Tenant ha erpaid, he shall receive credit for the .
overpayment agai e next payments due for taxes and insurance In
thQ follow seal year. Said insuranee shall include all insurance
~rem. or fire, extended cov age, liability and any other.
tt*'
rJA
V!iY
(All .a1!~a Eo i........l....._....)
"
I,:'
then the portion of the taxes and insurance premiums to be paid
Tenant shall be computed by apportioning the tax and insu premium
bill in the same ratio that the ground floor area e leased
premises bears to the entire ground floor a ntained in the
buildings covered by the tax or insu premium bill. If after
date of execution of this le ny new tax is measured in whole
in part by the value real property of the amount of rent
therefrom. sue s shall be deemed real property taxes for all
purpos er this l.aae no matt.r how such taxes shall be
~.the taxing agener.
FIFTH: Tenant shall deposit with Landlord upon the signing of
this lease the total amount set forth below. Of said total amount the
sum set forth below for rent will be in payment of the first month's
guaranteed monthly rent under this lease, .nd the sum set forth below
for security will be h.ld as security for the faithful performance by
Tenant of the covenants and conditions of this lease. The amount held
as security shall be repaid to T.nant upon the termination of this
lease. but only if Tenant is not then in d.fault in any of the
covenants or conditions of this l.ase.
SIXTH: Landlord shall. during the t.rm of this lease, grant
parking and common ar.a use privileges. for the use by Tenant and
Tenant'. employees and customer.. on area. surrounding the premises
and all other buildings now or h.reafter located on the shopping
center block in which the premis.s is located. These privileges shall
be shared in common with other tenants and .mployees and customers of
other tenants of Landlord and with other owners. and the tenants.
employees and customers of said other owners in said shopping center
block. The extent of all automobile parking areas. driveways.
pedestrian sidewalks. signs. landscaped areas and other common area
facilities furnished by Landlord in or near the Shopping Center for
the general use. in common. of T.nants and their employees and
customers. shall be subject to the exclusive design, control and
management of Landlord. and Landlord shall have the right from time to
time to establish, modify and enforce reasonable rules and r.gulations
with r..p.ct to .11 .uch f.ciliti.s .nd .r.... Landlord shall have
the right from time to time to r.strict parking by T.nant's .mploy.es
to employee parking areas; to enforce parking charges so long as there
are provisions for free parking ticket validation by Tenants;, to close
all or any portion of said areas or facilities to such extent as may,
in the opinion of Landlord's counsel. be legally sufficient to prevent
a dedication thereof or the accrual of any rights to any person or the
public therein; to discourage non-customer parkingl and to perform
such other acts in and to said ar.as and improvements as. in the use
of good business judgment. the Landlord shall determine to be
advisable to improve the convenience and use thereof by Tenants. their
employees and customers.
SiiUIUJTlI1 I'IRaRti akall ,ay tv I.~R.lvr.. fl.. aihliti'iFlal ..aR' ~II
that specified in paragraph First hereOf. a proportion of the Shoppi
Center's operating cost. hereinafter defined, based upon the ratio f
the square feet of the ground floor area of the leased premise 0 the
total square feet of all ground floor area in the buildings own on
the plot plan attached as Exhibit "B". excluding any .xp 10n areas
unless there are buildings actually erected in such e nsion areas.
For the purpose of this paragraph Sevent . the Shopping Center
shall be deemed to be the prop.rty shown bit "B",
Seventh. the "Shopping
Center's operating cost" means the t al cost and expense incurred in
operating and maintaining the par ng common facilities. specifically
including, but not being limi to. ex~ns.s for general maintenance
and repeirs; resurfacing; ting; restriping; cleaning; sweeping and
janitorial services; pI ng and landscaping; lighting; water and
other utilities: main anee and repair and replacement of common
shopping center si s; directional signs and markers and bumpers;
removal of rubb . trash. garbage and other refuse from the common
areas; maint ance of all commonly used electrical. plumbing. and
other eq ment and fscilities; real estate and personal property
taxes assessments thereon; a~quate public liability and personal
pro rty damage insurance thereon; depreciation on machinery and
u-7
(\1] '\"-1118 r lAu"I'!.ne~
1/
"
lillii'll .~Fl.ii'T8 .Ail tv ,&'11"9 'h. VIlJllaS'A f.aili~i.s _Fill 19\ sf a.l1 Ll.~
forego~ng costs (excluding real estate and personal property taxes an
assessments) to cover the Landlord's administrative and overhead
costs. At Landlord's option, it may charge Tenant a reasonab
monthly fee for the long term cost of resurfacing, restri g and
maintaining the asphalt on the parking areas, in lieu Charging
Tenant for the actual costs therefor as they are "Parking and
common facilities" means all areas, space, e ent and special
services provided by Landlord or other ow for the common or joint
use and benefit of the Occupants of topping Center, their
employees, agents, servants, cust s or other invitees including
without limitation parking ar ,access roads, driveway~ retaining
walls, landsca~ed area, ping Center signs, common are~ utility
linee, pedestr~an m ,courts, stairs, ramps and sidewalks, comfort
and first aid st ons, washroo.s and parcel pickup stations.
additional rent provided to be peid in this Paragraph
, shall be computed monthly and shall be paid by Tenant
of at least a majority of the Tenants of the Shopping Center i
the premises is located, Tenant shall become a member
Association, and pay a prorata share of the Ass ' on's expenses.
This share shall be determined in acco with the by-laws or rules
of the Association, but in no e n excess of twenty ($0.20) cent@
per lease year per squ of the premises leased to Tenant.
Default in pa dues shall be treated in similar manner to
defaul nt with like rights of Landlord, at its option, to the IN
HERE
TENTH:
to be operated, the business at the premises continuousl e
entire term of this lease for the purpose set ow and, unless
prevented by strikes, lockouts, ac or other similar causes
beyond Tenant's contro e premises properly manned and stocked
and open f ss on such days and during such hours as are
The business conducted at
the premises shall be carried on in a business-like manner and in
accordance with the best atandards for the conduct of similar
businesses.
Shopping Center shall establish agreed upon hours f
operation, Tenant, if operating a ret . ~se store, shall
conform to such hours. keep its display windows and
signs well ery business day from sundown to 11:00 o'clock
enant shall comply with all laws, ordinances, rules and
regulations of any governmental authority pertaining to the use or
occupancy of the premises. Tenant shall care for and remove all
garbage and refuse from the premises. Possession of the premises by
Tenant or his successors or assigns shall not be construed as
conveying any title thereto or ownership' thereo~. 'l"Tenanl t ~ll f f
~ i~ t!!1l!l.Des.J!_42t! the Pranises, regular mura, which ~ 1 bea l1WWlI\.II1 0 0
a , ~TH: ~nant will purchase, install, hook-up, maintain,
substitute for and alter, at Tenant's own cost and expense, all first-
class and up-tO-date light fixtures and other fixtures, equipment and
furnishings necessary to conduct in a qood and business-like manner
the operation of Tenant's business in the premises. Any fixtures,
equipment or furnishings installed in the premises by Tenant before or
durinq the term of this lease and paid for and belonging to Tenant
shall remain the property of Tenant and shall be removed immediately
prior to the termination of this lease, unless the Tenant shall be in
default hereunder. If Tenant is in default, any fixtures, equipment
and furnishings placed in the premises, whether or not fully paid for,
shall immediately become the property of and belong to Landlord until
Tenant has cured the default and Landlord has notified Tenant, in
writing, that the default has be~ cured. If the default has not
Seve
EIGHTH: Tenant shall pay all charqes for water, gas, sewer,
heat, light and power telephone and all other utility services which
may accrue with respect to the premises during the term of this lease.
Landlord shall in no way be responsible for these services. If any
such services are not separately metered to Tenant, Tenant shall pay
such reasonable proportion of such jointly .etered charged as
determined by Landlord.
q-?J
-4C....l1 ~b,.__ & 11 -"17.' II__}
o
'0!j[J
';
::J
been cured within ten (10) days after notice to Tenant or his
representatives, or if the default cannot be cured within said ten
(10) days but bona fide action to cure the default has not been
started by Tenant, or if it has been started but is not being pursued
diligently, said property shall remain permanently the property of
Landlord. Tenant shall reimburse Landlord for any damage to the
premises caused by the installation or removal of said fixtures,
equipment or furnishings. Te I .iliafLa& Tanan\' 0 ~t.li':llA li......_ .....,.2_... LI.":"oa L
laase, iRsllisliR9 tRia Pa~alJrapk Ele-/ePl~k, T~l.~U.t ..:.1.....11 ...^~.......L... Q 6" 1
fann fax Lan!l&E'd te. fil~ liIith the eAlif.:.n.i.... S.:......._L.......l:..,! ZtL...L....
TWELFTH: Tenant shall not permit or suffer any lien to be put
upon or arise or accrue against the premises at any time, and, after
the end of the third year of the term of the lease, upon any fixtures,
equipment or furnishings in th~ premises. If a mechanic's lien is
filed against the premises for work done or materials furnished to
Tenant or his sub-tenants, Tenant shall, within ten (10) days
thereafter, at his own cost and expense, cause such lien to be
discharged by payment or by filing or causing to be filed the bond or
bonds for that purpose required by law. If Tenant fails to discharge
or to bond such lien, then Landlord may discharge the same and relieve
the premises rrom any such lien, and Tenant shall, as additional rent,
reimburse Landlord immediately upon demand for any amount which
Landlord paid in discharging such lien.
THIRTEENTH: *
ef ~lu. ~l!.!.l\ia&s iflllll:uli."" i.R8'tlt. l1I11i..&,&i8'" af ~h!. E.........':;;....:..u':;;, LIn:::
I AI;
lil'l.eltldil.g air eOl.ditiol.i11':l)-therein. Landlorq shall have no HERE
obligatio~*to, nor be called upon, to make any repairs .or improvements
whatsoever, Tenant, as a material part of the consideration furnished
to Landlord, assumes all risk of loss from any cause whatsoever,
except caused by Landlord's negligence, whether now known, or unknown,
which may be sustained by Tenant or any other party, in connection
with Tenantls occupancy and use of the premises and the parking and
common areas of the Shopping Center, during the time Tenant may be in
possession of the premises. Landlord or its agents shall not be
liable for any loss or damage to persons or property resulting from
fire, explosion, falling roof elements or plaster, steam, gas,
electricity, water or rain which may leak from any part of the
building or from the pipes, appliances or plumbing works therein or
from the roof, street or subsurface or from any other place resulting
from dampness or any other cause whatsoever, unless caused by or due
to the negligence of Landlord, its agents, servants or employees.
Landlord or its agents shall not be liable for interference with the
light, air, or for any latent defect in the premises. Tenant shall
give prompt notice to Landlord in case of casualty or accidents in the
premises. Notwithstanding anything in the lease provided to the
contrary, Tenant shall be solely responsible for cleaning and
maintain~ng the sidewalk immediately in front of the demised premise
from the building line to the curb, and Tenant shall iRjaNftifJ aftj
hold Landlord harmless from any and all liabilities arising from
personal injuries or property damage occurring on the sidewalk in
front of the demised premises. Landlord shall reimburse Tenant for
the actual cost of any repairs necessary in this sidewalk area. This
reimbursement shall be included in the Shopping Center's operating
costs incurred in maintaining the common facilities for which Landlord
may charge the tenants their prorata share.
FOURTEENTH: Tenant shall not make any alterations to the
premises without the written consent of Landlord; and shall not commit
or suffer to be committed any waste upon the premises. Any
alterations, additions or improvements to or of said premises,
including, but not limited to, wall covering, paneling and built-in
cabinet work, but excepting movable furniture and trade fixtures,
shall at once become a part of the realty and belong to the Landlord
and shall be surrendered with the premises. In the event Landlord
consents to the making of any alterations, additions or improvements
to the premises by Tenant, the same shall be made by Tenant at
Tenant's sole cost and expense. Upon the expiration or sooner
termination of the term hereof, Tenant shall, upon written demand by
Landlord, at least thirty (30) days prior to the end of term, at
Tenant's sole cost and expense, forthwith and with all due diligence,
remove any alterations, additions, or improvements made by Tenant, @
designated by Landlord and repair any damage to the premises caused JlI
INnw:
** *~f.LandloId shall T9mair.taJI> the roof and exterior wa~1s. HERE
RIDER I
,
:/
"
As part of the consideration for the leasing of the Premises to
Tenant, Tenant shall maintain and repair all portions of the
Premises, excluding the roof and exterior walls. Tenant will
maintain the heating, ventilation and air conditioning unit,
provided, however, if the heating, ventilation and air conditioning
unit is under warranty, Tenant shall be able to have the reguired
repairs or replacements performed under the applicable warranty.
THE FOREGOING IS HEREBY ACCEPTED, AGREED TO, CONFIRMED, AND
ACKNOWLEDGED THIS DAY OF 1994.
CITY OF CHULA VISTA
KELTON TITLE CORPORATION
TENANT
By: b/vv--
Mar on LANDLORD
Vice President
By:
Its:
f4.,-/D
';
'I
"
such removal. Tenant shall replace any and all plate glass broken
from any cause whatsoever. Tenant assumes the risk for any and all
damage resulting from roof leaks in the premises. Tenant shall not
paint or place any sign on, in or about the premises without first
getting the written approval of the Landlord as to si2e, design and
location of the sign. Tenant shall be solely responsible for
obtaining all required permits from the appropriate governing agencies
to permit its alterations, sign., improvement. and operations.
FIFTEENTH: Tenant shall insure the premises (naming Landlord
as one of the insureds) for plate glass insurance in amounts
satisfactory to Landlord and liability insurance in amounts Commonly
referred to as $500,000/$1,000,000, and shall deliver copies of the
policies to Landlord. The failure by Tenant to deliver said policies
to Landlord shall not relieve Tenant of the Obligation to carry said
insurance. Insurance shall be in compani.. rated A+ or better in
"Best's Insurance Guide". * Tenant shall also indemnify and save
Landlord free and harml.ss from all cost. or expense. for d.mages,
injuries, death, claims or liabilities of an~and all kind whatsoev.r
of or to Tenant or Tenant's property or to any other person. persons
or pro ert from an cause arising in or about the premises during the
erm 0 1S .ase, and shall lik.wi.e ind..nify and save Landlord
fr.e and harmle.s from eny penalty, damage or charge incurred or
imposed by reason of any violation of law or ordinance by Tenant or by
any per.on or persons holding under the T.nant. A. long as hi.
insurers so permit, Tenant hereby waives its rights of recovery
against Landlord for any loss insured by fire, extended coverage and
other property insurance pOlicies .xisting for the benefit of the
Landlord. Tenant Sh. all apply to its insurers to obtain said waive~r.
Tenant shall obtain any special endorsement., if required by its
insurer to evidence compliance with the aforementioned waiver.
1except. x:or LarDJ..Ora. s acc.ve neQ.llqence.1
SIXTEENTH: If the present fire or liability insurance rat ~~~
applicable to the premises is increased because of the nature of the
use of the premises by Tenant or because of the storage, sale or use
of any merchandise, at or in the premises, causing such increase,
T.nant shall pay the difference in cost about the amount of fire and
liability insurance now being carried by Landlord and said difference
shall be in addition to the amount of rental specified herein and in
addition to Tenant's prorata contribution to the insurance premiums
ded for herein and shall be paid to Landlord immediately upon
SEVENTEENTH: If the premises be totally or partially
oyed or damaged b fire or other cause and rebuilding or repairs
no e comp e e w n days from the date of the fire or other
use of damage, Tenant .h~l be allowed an abatement of rent from the
da of such damage or d.struction and for .uch time as the building or
a rt thersof i. untenable, and at the .l.ction of Tenant to be
in writing addr..sed to Landlord within twenty (20) days after
damsqe or destruction, this l.ase shall terminate. Howeyer, if
H damage is such that rebuilding or repairs can be completed within
~G9 days, the Landlord shall make such repairs or rebuild with
reasonable promptness and dispatch and allow Tenant an abatement in
rent for such time as the building or any part thereof is untenable,
and the term of this lease shall not otherwise be affected. Landlord
shall not be required to repair any injury or damage by fire or other
cau... or to mak. any r.pairs or r.placem.nts of any leasehold
improv.ments. fixtures, or oth.r personal prop.rty of Tenant. If the
d.struction or damage tak.s place at any ti.e during the last two (2)
y.ars of the t.rm of this 1..... Landlord shall have the option of
eith.r making the n.ces.ary repair. or rebuilding, or terminating the
lease. If more than 25' of the premises i. taken or condemned for a
pUblic or quasi-public u.e, then, at Landlord's option, this lease
.hall terminate a. of the date title vest. in condemnor. In any event
all condemnation proc.eds awarded upon any taking or condemnation
shall be paid to Landlord exclu.ively, and Tenant shall have no claim
against Landlord for the value of any unexpired term and option
periods of this lease.
EIGHTEENTH: T.nant shall have the right to let or sublet the
whole or any part of the premi.e., or to sell or assign this lease, or
allow the premises to be occupie~by anyone other than Tenant, but (a)
only with the written consent of 'Landlord, which consent shall not be
unreasonably withheld, and (b) upon condition that th~ guaranteed ,@
monthly rent is adjusted to the current market rent, 1f the latter 1
*Notwithstanding the foregoing Tenant 'llion INnw.
If-insured provided ~t has a liquid surplus on hand of $25 mi . HERE./
maybese (1-//
,
::J
more than the guaranteed monthly rent specified in this lease. If
Tenant is a corporation, transfer of control of Tenant Corporation
(i.e., transfer of sot or more of the stock) to one who is not a
shareholder at the time this lease is executed, or to one who is not a
member of the immediate family of those who were shareholders when
this lease is executed, shall be deemed an assignment of this lease
and is subject to the restrictions on assignment as provided herein.
A consent to one assignment, subletting, occupation or use by any
other person shall not be deemed to be a consent to any subsequent
assignment, subletting, occupation or use by another person. Consent
to any such assignment or subletting shall in no way relieve Tenant of
any liability under this lease. Any such assignment or subletting
without such consent shall be void, and shall, at the option of the
Landlord, constitute a default under the terms of this lease. In the
event that Landlord shall consent to a sublease or assignment
hereunder, Tenant shall pay Landlord reasonable fees, not to exceed a
sum equal to one-half (1/2) month's rent, incurred in connection with
the processing of documents necessary to giving of such consent.
NINETEENTH: Landlord reserves the right to enter upon the
premises during business hours for the purposes of inspection: showing
the premises to prospective purchasers or encumbrancers; making
repairs; or posting and maintaining notices of non-responsibility.
Landlord shall have the right to post signs in or upon the premises
during the last sixty (60) days of term of this lease for the purpose
of renting the premises.
TWENTIETH: The waiver by Landlord of any covenant or
condition contained herein shall not vitiate the same or any other
covenant or condition contained herein, and the waiv Landlord of
any breach of any covenant or condition shall not d a waiver
of such covenant or condition contained herein.
if teen (15)
TWENTY FIRST: The occurrence of anyone 0 ~K~
fOllowing events shall constitute a default and brea f this lease
by Tenant: (a) the vacating or abandonment of the premises by Tenant;
(b) the failure by Tenant to make any payment of rent or any other
payment required to be made by Tenant hereunder, as and when due,
where such failure shall continue ten (10) days after it is due: (c)
the failure by Tenant to observe or perform any of the covenants,
conditions or provisions of this lease to be observed or performed by
the Tenant other than described in (b) above, where such failure
s a cont nue for a period of 'kiw,y (39) days after written notice
hereof by Landlord to Tenant; rovided, however, that if the nature of
Tenant's default is such that more than
reasonably required for its cure, then enant shall not be deemed to
be in default if Tenant commences such cure within said
day period and thereafter diligently prosecutes such cure to
completion: or Cd) the ma~ing by Tenant of any general assignment or
general arrangement for the benefit of creditors or the filing by or
,against Tenant of a petition to have Tenant adjudged a bankrUpt, or a
petition or reorganization or arrangement under any law relating to
bankruptcy (unless, in the case ot petition tiled against Tenant, the
same is dismissed within ; or e appo~n men 0 a
trustee or receiver to take possession ot substantially all of
Tenant's assets located at the premises or ot Tenant's interest in
this lease, where possession is not restored to Tenant within thirty
(30) days; or the attachment, execution or other jUdicial seizure of
substantially all of Tenant's assets located at the premises or of
Tenant's interest in this lease, where such seizure is not discharged
n 'days. Notwithstanding the toregoing, a trustee in
bankruptcy shall have the right to assume or assign this lease but
only if he cures any detault hereunder promptly and concurrently
provides adequate assurance of future performance of the terms of this
lease. Adequate assurance of such performance is defined as
requiring: (1) that the source of rent and other consideration due
under such leases and owing to the Landlord under the lease agreement
will be assured: (2) that any percentage rent due under such lease
will not decline substantially: (3) that the assumption or assignment
of the lease will not substantially breach clauses (inClUding, but not
limited to, radius, location, use, or exclusivity provisions) in other
lease, financing agreement, or master agreement relating to this
shopping center; and (4) that an assumption or assignment of such
lease of this shopping center w~~l not disrupt substantially any ~
Tenant mix or balance of this shopping center.
INmAa;
HEJU:
l( -/:2-
,
:~J
TWENTY SECOND: In the event of any such default or breach by
Tenant, Landlord may at any time thereafter, upon written notice to
Tenant or Tenant's representative, terminate this lease and Tenant's
right to possession of the premises. In addition, in any of said
events, Landlord shall have the immediate right of re-entry and right
to remove all persons and property from the leased premises and store
such property in a pUblic warehouse or elsewhere at the cost of and
for the account of Tenant, without service of notice or resort to
legal process, and Landlord shall not thersby be deemed guilty of
trespass or become liable for any loss or damage occasioned thereby.
A re-entry by Landlord without written notice terminating this lease
shall not constitute a termination of this lsase or of Tenant's
possession of the premises.
Whether or not the lease is terminated, Landlord shall be
entitled to recover from the Tenant costs and expenses, including but
not limited to, for cleaning, removal of property, repairs and
alterations, commissions required in reletting the premises, and
Landlord's reasonable attorneys' fees and court costs. All unpaid
rent or other sums shall bear interest from the date due at the
highest rate permitted by California law.
Landlord may terminate this lease and Tenant's right to
possession of the premises only by first s.nding a written notice to
that effect to Tenant or Tenant's representative. Even though Tenant
has defaulted or breached this lease and abandoned the property the
lease shall continue in effect for so long as Landlord does not so
terminate Tenant's right to possession and Landlord may enforce all of
his rights and remedies under the lease including the right to recover
rent as it becomes due.
Upon a termination of this lease, in addition to all other
damages that Landlord is entitled to recover from Tenant, Landlord
shall also be entitled to recover from Tenant the worth of the amount
by which the unpaid rent for the balance of the term of the lease
exceeds the amount of such rental loss that Tenant can prove could be
reasonably avoided by Landlord.
The rights and remedies of Landlord are cumulative, and the
use of one remedy shall not be taken to exclude or waive the right to
the use of another. If Landlord is compelled to commence or sustain
an action at law or in equity to collect the stipulated rent or any
additional rent or any costs or expenses provided for in this lease or
to dispossess Tenant or to recover possession of or to relet the
premises or to enforce or defend any of Landlor' ights, Tenant
shall pay all costs in connection therewith in n a reasonable fee
for the attorney of Landlord. J.fteen 15)
twENTY THIRD: Landlord shall not be i t unless
Landlord fails to perform obligations requi
reasonable time, but in no event later than ~hir~~ (39) days after
written notice by Tenant to Landlord and to the holder of any first
mortgage or deed of trust covering the premises whose name and address
shall have theretofore been furnished to Tenant, in writing,
specifying wherein Landlord has failed to perform such obligation:
provide, however, that if the nature of Landlord's obI at
that more than ays are requ re for performance then
Landlord shall not be in default if Landlord commences performance
within such erea er gen y
prosecutes e same to completion.
right to terminate this Ie or s default and
TWENTY FOURTH: At the expiration of the term of this lease or
the sooner termination thereof, Tenant shall peacefully quit and
surrender possession of the premises in good condition broom clean,
reaeonable use and wear thereof excepted, and shall remove all
personal property from the premises immediately upon said termination.
Any personal property not so removed shall immediately thereafter
become the property of Landlord and may be used or disposed of by
Landlord in any manner and 'at his sole discretion.
~t;~R;~e~~~~~;~;;;~~~~::~::~;;=t: ~;::~:~~~W~~h:;::~~:~~t![R::::::~
\::eJ
IJ., --/.3 -, - HERE ,
,
'J
"
p"" .., ...."ioo'i.... Co""..,.. .. . '" "i'i~
and this lease shall ~nate and each of the parties
ITL\I:
HERE
Within ten (10) days after request therefor by Landlord,
Tenant shall deliver in recordable form a certificate to any proposed
trustee, .ortgagee or purchaser, or to Landlord, certifying (if such
be the case) that this lease is in full force and effect and that
there are no defenses or offsets thereto, or stating those claimed by
tenant. Within ten (10) days after request therefor by Landlord,
. Tenant will subordinate its rights hereunder to the lien of any trust
deed or trust deeds, mortgage or mortgages, or the lien resulting from
any other method or financing or refinancing now or hereafter in force
against the land and/or buildings of which the leased premises are a
part of against any buildings hereafter placed upon the land or which
the leased premises are a part, and to all advances made or hereafter
to be .ade upon the security thereof~ If Tenant fails to deliver such
certificates or subordination instruments within said ten (10) day
periods, Tenant hereby irrevocably appoints the Landlord as attorney-
in-fact for the Tenant with full power and authority to execute and
deliver in the name of the Tenant any such certificates or
subordination instruments.
TWENTY SIXTH: Any notice or demand provided for by this lease
shall be in writing and shall be qiven by depositing it in the United
States mail in the State of california, postage thereon fully prepaid
for delivery by certified or registered mail, return receipt
requested. Any such notice to be given to Landlord, and all rents and
other payments shall be sent to Landlord at 2716 Ocean Park Boulevard,
Suite 3006, Santa Monica, California 90405. Any notice to be given to
Tenant shall be addressed to Tenant at the address of the premises.
Either party by written notice may change the address to which
notices, payments or demand shall be addressed.
TWENTY SEVENTH: Wherever time is stated in this lease it is
of the essence.
The covenants and conditions contained in this lease shall,
subject to the provisions and to assignment, inure to the benefit ot
and shall apply to and bind the heirs, successors and assigns of the
respective parties hereto.
As to all words used in this lease, the singular number shall
include the plural, the present tense shall include the future and the
masculine gender shall include the feminine and neuter.
There are no representations or covenants in connection with this
lease other than those contained in this document, and there shall be
no a.endments or .odifications to this lease except by written
agreement.
TWENTY EIGHTH: In the event Landlord shall convey its fee
interest, or any part thereof, in all or a portion of the Shopping
Center, Landlord shall be automatically freed and relieved, from the
date of such transfer or conveyance, of all liability tor the
performance of any obligation on the part of Landlord contained in
this lease thereafter to be performed with respect to the property
conveyed. The obligations contained in the lease on the part of
Landlord shall be binding on Landlord only during and in respect to
its periOd of ownership. Landlord shall remain liable for any default
incurred prior to the date of conveyance. The tranSferee of such
interest in the premises shall be deemed, without any further
agreement between the parties or their successors in interest, to have
assumed and agreed to carry out any and all of the covenants and
Obligations of the Landlord under this lease.
TWENTY NINTH: In the event Landlord establishes a uniform
sign criteria for the stores in the Shopping Center, and the new
stores in the. Shopping Center conform to this criteria, Tenant agrees
to replace any signs which do not conform to the new criteria with
conforming signs, within ninety (90) days after receipt of written
notice from Landlord, at-Tenant's sole cost.
*prcl!ided that the JD:>rtgagee or trust ~ beneficiary agrees D:>t to disturl:> the
posSession of Tenant for as long as Tenant is D:>t in default of the te1:ms of
this Lease. Q_ 10-85
tt -/<1
@
\!W
'I
/,'
THIRTIETH: If any lease provision or the application thereof
to any person or circumstance shall to any extent be invalid or
unenforceable, the remainder of this lease, or the application of
such term or provision to other persons or circumstances shall not
be affected thereby. Each term and provision of this lease shall
be valid and be enforced to the fullest extent permitted by law.
THIRTY FIRST: This unsiqned lease
by Landlord, but if properly executed y Tenan vered to
Landlord shall constitute Tenant I 0 lease the LeaSed(p
Premises. Such an of ant shall be accepted by Landlord
only when countersiqns and delivers this Lease to Tenant
. II/mAl.
. H~RE
is B.\!!:>...i,.Q1:,.to approval of City Council within seven (7) days of
.~~~fon. If written approval is not received by Landlord
within said seven-day period, this Lease shall become null, void
and
THIRTY SECOND: It is the intent of Landlord and Tenant that
all aqreements contained within this Lease Aqreement remain
absolutely confidential between Landlord and Tenant and shall not
be shared with an third arty, except for the leqal counsel' of
eJ.ther Landlord or Tenant, Tenant's covenant to maintain the
confidentiality of the provisions of this Lease is a material part
of the consideration required by Landlord for aqreeinq to the rent
specified herein.
jurisdiction or, at Landlord's election to a cOlDIDe r trator
under American Arbitration Association es that Tenant has
breached this covenant of con ty, the parties aqree that
the proper amount 0 aranteed Minimum Monthly Rent from the
date of t of confidentiality to the end of the ~erm of the
and to the extent required by (a) parties fundinq Tenant's
operations at the Premises, or (b) applicable law, includinq Public
ecords Act.
Date: May 16, 1994
Addre.. of the Lea.ed premi.e.: 1550 East "H" Street, Suite "JII,
Chula Vista, ~alifornia 92010
Approzimate Dimensions of the Le..ed premi.es: Twenty-eiqht (28')
feet by fifty (50') feet; approximately 1,400 square feet.
The Lea.ed Premises .hall be used only for the Purpo.e of:
TelecolDIDutinq Center, operated by the City of Chula Vista and/or
executive suites (not to exceed sot of the qross leasable area).
Co..enoement Date of the Lease:
If the store is to be remodeled or newly built, and
Commencement Date is to be determined under Exhibit "A", the
followinq space is checked: --X...-.
Te~nation Date of the Lea.e:
If the store is to be remodeled or newly built, and
Termination date is to be determined under Exhibit "A", the
followinq space is checked X and the lease shall
terminate on the last day of the 12th full calendar
month after the co_encement of the lease.
GUaranteed Xonthly hnt:
Year One: $1,600.00
peroentaqe Rent: None
Total Amount hoeived: $1,600.00
For Rent: $1,600.00
For Period: First month's rent.
For Seourity:
None
,f
The followinq Addenda and Exhibits
incorporated herein: Exhibits "A",
~"""Jf/:Z :.:"
11-/5
are attached to this Lease and/"ii"':>("
"B", "and "C", Riders I and II f (J- l
\ iNmAI: ,
~
CONTAINED IN THIS LEASE HAVE BEEN READ AND UNDERSTOOD. PARAGRAPH
SECOND PROVIDES FOR THE EXTENSION OF THIS LEASE BEYOND THE ORIGINAL
TERM.
CITY OF CHULA VISTA
KELTON TITLE CORPORATION
TENANT
By:
Mark
Vice
}/
"
By:
Its:
r <-...
t{-!~
BDUIT A
... CONSTRUCTION BDIBIT
al a
cable
Landlord hereby agrees, excepting for causes beyond
Landlord's control, to erect the building depicted in Exhibit "B",
a portion of which approximately 1,400 sq. ft. shall be leased to
the undersigned Tenant. Said construction shall be com leted in
accordance with Exhibit "en hereto attached, IR ~RB e7aft~ ~hat
I:An41sl!4, fa!!' lIalieas lIe:i8ftti i'\s l"aaBanaJale. 8entflel, ill ...........hl-c;; l""
4_11...~l: ,1::-.i.l&5 \. 'I'afL&nt vt.kin '..en_~ fall~ aSfI.\hs af ~tle.
ena.llI_ilft .. tale L8as.~ ~is l.ease skall l.L.u.Im.l ..aid A.-a ,.')! ~.o
f ll"rhar 'BFee fur effe.!!~.* Any additional change, modification or
alteration not contained in Exhibit .C" shall be at the sole cost
and expense of Tenant,
The Tenant agrees that upon the completion of the
erection of said building substantially in accordance with the
plans and specifications thereforAana upon the delivery of
possession to Tenant, the Tenant will accept the building in the~
condition which it may then bel aftll "a!.. as .RY !r'ilJ~ air eIl1im
alail...' ,tie La"tll.!'. '1.. aft) a.lis.. liiJ!8e\ll BE' i1.4i~&e~1), lu:1.es11.9
wwL vi Ll~~ __...d1 Ll_u or tl..~ .!J;.llI.Ls4..! "1 &.18&8, 'hI. ap'tl1:\&J..&I.ees I TlAL
U._..~l~, 'he. i.,!'e.etIeR_. ,ha..eeR afta .he e!fl:l!,a.H1! 'ke!'sef. HERE
Tenant shall thereafter save and hold harmless the Landlord from
liability as provided in this Lease.
The fact that the Tenant may enter into possession prior
to the actual completion of the building for the purpose of
installing fixtures and equipment shall not be deemed an acceptance
by the Tenant of completion by the Landlord until actual completion
shall have taken place, but in such event Tenant shall hold
Landlord harmless and indemnify Landlord for any loss or damage to
Tenant's fixtures, equipment and merchandise and for injury to any
persons, unless same be caused by the active negligence of Landlord
or its agents.
Upon actual completion of the improvements to be
completed by Landlord in the building, the Landlord agrees to
record a Notice of Completion in the office of the County Recorder.
July 18, 1994, or
The term of this Lease shall commence on the day on which
Landlord delivers the demised Premises to Tenant, comp e on 0
all of the Landlord's work is delayed by Tenant's failure to
complete the necessary' work, Landlord may file a Notice of
Cessation of Work or a Notice of Completion on the portion of
Landlord's work actually completed, and the filing of either of
such notices shall be equivalent to the filing of a valid Notice of
Completion. If the term commences on a day other than the first
day of a calendar month, the term of this Lease shall be in effect
for the partial month and until the termination date set forth in
the Lease. Also in that event, rent for the partial month shall be
prorated on the basis of the 1II0nt~ly minimum rent. When the
commenc..ent date is determined, the parties shall execute a
certificate of the date of commencement.
,
/,
ear er to occur.
*See Rider II.
CITY OF CHOLA VISTA
KELTON TITLE CORPORATION
By:
", ~~u4.,
Me e on OLORD
Vice President
TENANT
Its:
t( ---/7
/!;;?
ERE
EXHIBIT B
,
/,'
/
/~.
..
:
------1.
;,..!' ~ .j... ... ~ il,
. ....... ROAD . ~
G'rAV __
,f
!I-/f
. ,
~
~
RIDER II
The Landlord hereby agrees, excepting for causes beyond Landlord's
reasonable control, to physically complete the work described in
Exhibit "C", Article I., "Description of Landlord I s Work", no later
than July 18, 1994, provided the following events occur within the
respective periods stated below:
,
'I
"
This Lease Agreement is fully executed and delivered by
both parties no later than Wednesday, June 15, 1994.
2. Upon full execution and delivery of the Lease, Landlord
will cause to have completed, plans for Landlord's Work
under Article I. of Exhibit "C", which plans will be
submitted to the appropriate City Government departments
and be approved no later than Friday, June 17, 1994.
1.
3. Upon Landlord's receipt of all necessary permits and
approvals to proceed with construction within the Leased
Premises., Landlord agrees to diligently prosecute such
work through completion, and deliver the Leased Premises
in the condition outlined under Article I. of Exhibit "c"
no later than July 18, 1994.
4. If Landlord receives all necessary permits and approvals
by June 15, 1994, and Landlord does not complete the work
called for under Article I. of Exhibit "C" on or before
July 31, 1994, Tenant shall have the option of
terminating this Lease by delivering written notice to
Landlord no later than August 3, 1994. If Landlord does
not receive such notice from Tenant, this Lease shall
remain in full force and effect and shall commence from
Landlord's completion of such work.
5. Tenant has agreed to use its best and reasonable efforts
to use its available resources to allow Landlord to
install only one handicapped accessible toilet room in
the Leased Premises (Article I.C., SANITARY FACILITIES,
of Exhibit "C"). Tenant will advise Landlord of its
success in obtaining such approvals from the appropriate
government agencies, upon signing of the Lease.
6. Tenant is to contract separately with contractor of
Tenant's choice for its specialized Tenant Improvements
(i.e., conference room, changes to lighting, air
conditioning, ducting, work stations, electrical plugs,
and computer wiring). Landlord will use its best efforts
to coordinate with those efforts of Tenant's contractor
in allowing efficient and cost-effective completion for
both parties.
THE FOREGOING IS HEREBY ACCEPTED, 'AGREED TO, CONFIRMED, AND
ACKNOWLEDGED THIS DAY OF 1994.
CITY OF CHULA VISTA
KELTON TITLE CORPORATION
TENANT
By:
Its:
.(
L< ~/ t
IIJ:HIBIT C
I. DII8CaIPTIOII OF LlUlDLORD' 8 .OU
A. STRUCTURE
1/
"
1. Frame, etc.: The buildings shall be designed in
accordance with governing building codes.
2. Exterior Walls: The exterior walls shall be of
masonry or such other material or materials as selected by
Landlord's architect.
3. Ceilina Heiahts: Clear height between floor slab and
ceiling shall be approximately ten (10) feet except toilet which is
to be eight (8) feet.
4. Floor Construction: Floors shall be of concrete slab
on grade.
5. B2Q1: The roof shall be build-up roof to a 20-year
standard grade.
6. Partitions: Partitions between leased areas shall be
of wood frame, metal stud, or masonry at Landlord's option carried
to underside of roof deck. Toilet room walls shall be carried to
finish ceiling.
7. ~: One rear exit.
8. Dimensions: Frontage dimensions on interior stores
shall be measured from center line to center line of party walls
and on exterior stores shall be measured from center line of party
wall to face of exterior wall. Depth shall be measured from
outside face of exterior walls.
9. J2ll.Qn: Interior doors will be hollow core wood.
Exterior service doors will be solid core wood or hollow core metal
as selected by Landlord's architect.
B. INTERIOR FINISHES
1. Floors: All floors shall be smooth steel trowled
concrete.
2. ceilinas: Sales area ceiling shall be suspended
drywall with sprayed plaster finish or T-bar acoustical, as
selected by Landlord's architect. Toilet room ceilings shall be
drywall construction. The construction will be exposed in all
other areas.
3. HAlla: All walls shall be drywall finish.
4. Paintina: All interior wall areas heretofore defined
will receive one coat of one color paint, enamel in toilet and flat
in sales area.
C. SANITARY FACILITIES
1. Two toilet rooms (both handicapped accessible) will
be furnished for each store. This shall include two water closets,
two electric "instant hot" water heaters, two lavatories, two wall
bracket lights, two exhaust fans and switches.
D. UTILITIES
1. Water & Sewer: Landlord will furnish water service
line not to exceed 2 inches in diameter to rear of store. Except
as provided in paragraph I.C.1 above, all installation beyond rough
in point for these facilities shall not be part of the Landlord's
work. Cost of water used wil~ be paid by Tenant. ~
I j -..., A \MmAL
~~ .~
"
2. E1ectricitv: Landlord will provide a maximum of 200-
amp service. Tenant to pay for difference between 100 and 200-amp
service. Landlord is to furnish one (1) set of wall plugs every 24
feet of store depth on each side of the store. Lights shall be 2-
foot by 4-foot T-bar drop in four bulb fixtures, one fixture for
every 100 square feet of rental area.
E. HEATING AND AIR CONDITIONING
,
/1
1. A combination roof pack unit with electric heating
and electricity COOling for sales area only. The air conditioning
capacity shall not exceed one ton (or equivalent unit) for each 400
ground floor square foot of sales area, calculated at 75% of gross
area. All costs of any additional capacity to be Tenant's
responsibility.
F. AUTOMATIC FIRE PROTECTION SYSTEM: Only as required by
City.
G. STORE FRONT
1. Landlord will provide a standard in line store front
in keeping with other stores in the center. Any additional
treatment shall be Tenant's responsibility under IIG.
I I. DBSCRIl'TIOll 01' 'l'BJIANT' S won
All work, except as specifically listed in paragraph I, above,
to be performed by Landlord, at Landlord's expense, and except as
may otherwise be specifically authorized in writing by Landlord to
be paid for by Landlord, shall be performed for the account of and
at the expense of Tenant. Without limiting the foregoing, and by
way of illustration only, Tenant shall pay for the following:
A. Electrical Fixtures
outlets and all outlets,
installation not provided by
& EauiDment: All electric
fixtures and equipment
I.D.3 above.
wiring to
including
B. ~: All gas connections at Tenant's space.
C. Te1eDhone: All conduits for telephone wires in the leased
premises. Tenant shall make all arrangements for telephone
service.
D. lllll.J&: All interior partitions and curtain walls, within
the leased area.
E. Coves & Cei1inos: All special coves and ceilings.
F. Furniture & Fixtures: All store fixtures, cases, wood
paneling, cornices, etc.
G. store Fronts: Except as provided in I-G, all special
store fronts requested by Tenant and approved by Landlord.
H. Show window Backaround. Floors. Etc.:
finish floors, show window backgrounds, show
fixtures, and show window doors.
I. Floor coverinos: All floor covering and floor materials
other than concrete.
All show window
window lighting
J.
all exits
Landlord.
Stairways & Exits: All ornamental or other stairs, and
required by governing codes in excess of two supplied by
-",q
@
!
tL -- c:v
J. Alarm. Svstems. Etc. :
protective devices.
K. Plumbina: All plumbing (except for one toilet room)
including meter, roughing-in or fixtures, including installation
and connection.
All alarm systems or other
I
/J
L. Hot Water Heater: Including installation and connection.
M. Seecial Ventilation: All ventilation and related
equipment, including show window ventilation.
N. storms & Screens: All storm and screen doors or storm
enclosures.
O. Seecial Eauiement: All special equipment such as
conveyors, elevators, escalators, dumbwaiters, etc., including
installation and connection.
P. Automatic Fire Protection Snrinkler System: Except as
provided in I.F, all sprinkler requirements to meet insurance
rating requirement for a sprinklered building and all government
building requirements.
III. TENANT'S DOING CONSTRUCTION WORK IN THE PREMISES
A. No construction work shall be done by Tenant in the
premises except upon the express written approval first had and
obtained from Landlord. In the event such written approval is
given, the work to be done by Tenant shall be strictly in
conformance with such approval and according to the terms thereof.
without limiting the authority of the Landlord, all work which is
performed by Tenant must conform to the following general
conditions:
1. strict compliance with plans and specifications in a
form satisfactory to Landlord and approved by Landlord.
2. Compliance with all local and state laws, including
and obtaining of all necessary and appropriate permits.
3. Correlation with the time schedule of the Landlord as
may be determined by Landlord, and such work must commence promptly
upon notice from Landlord and shall be completed without delay.
4. Compliance with the standards of the National Board
of Fire Underwriters, the National Electrical Code, The American
Gas Association, and the American Society of Heating and
Ventilating Engineers, Uniform Building Code, Uniform Electrical
Code, and Uniform Plumbing Code.
5. Furnishing of a lien and completion bond before
commencement of work, and before approval of the plans and
specifications by Landlord, in an amount as required by Landlord,
unless expressly waived in writing by Landlord.
6. In the event Tenant fails to comply strictly with the
provisions hereof, Landlord may, at Landlord's sole option, require
the Tenant and all materials and equipment to be removed from the
premises and stored at Tenant's cost forthwith, by Landlord
physically removing all such materials and equipment therefrom,
without liability to Landlord, and in such event, Tenant hereby
agrees to indemnify and save Landlord harmless from liability
therefor.
B. The word "Tenant" shall be deemed to include Tenant's
contractor, Sub-contractors, architect, employees and agents.
.(
/10
~
CI.. -- cQ 00
.
::1
C. Tenant shall not request from Landlord's contractor, sub-
contractors, or their employees or agents, any alteration or
modification of the work to be done under the plans and
specifications as approved by Landlord, nor shall Tenant request
extra or different work to be done, except upon the express written
approval of Landlord first had and obtained. No one is authorized
on behalf of Landlord to so expressly approve, save and except a
duly elected officer of Landlord. Purported authorizations by
other persons (such as other employees of Landlord and Landlord's
contractor and its employees) of purported authorizations not in
writing, in any event, shall be nullities. If any labor or
material is furnished or any work is performed which is not in
conformance herewith, Landlord shall have no liability therefor,
and Tenant shall fully indemnify and save Landlord harmless
therefrom.
t-
~
\:eJ
f
I/-~
j,
"
~, \
-
'!i)
,:';
,I.
(,
from:
T.: QlfH GOOlBS
Jun 14.94 11=12 No.004 P.03
D114/M 11II11:11:51
TEL No.
,
I
1
.....-
--.....
ADDmONTO LEASE AGREEMENT BJ:TWEEN
KELTON Tl'I'LE CORPORATION AND
THE CITY OJ' CHUIA. VISTA J'OR.PR.EMESIS AT
tMO EAST H STREET, SUITE J, CHULA VISTA. CALIFORNIA.
'1"...16 'Ript in T.......indlt n.... to T ..~1t 6f'PundN: Landlcnl r-"1V'=--1hat TOIIIIIt is
1'1'1'.,'"
IIepondoatllplllllllUb!i" pUllan lbeCalUbmlaDop..-ot~llIIlII4lbo
CowI..- ot_ Dlato In onlorlo lImd lla oP-anoa CO lbe p-onUaoa. In_ illKllillad
by !be Slale ct CounIylbatohba-ol'd.e gnatohaw balDCIIlC.lad, '1'_ ohaII haw 1b8
ria/lf, upon 30 .)'1 wri.....1IOIioo 10 Laadklrd, 10 tatalIaaIo thIa Iaaao wih>ul III)' dt6ult .
or pona1t1u. proviiIB4 tIDe _ :r-!M......... ~ ~ its owl:M>f-.,o..t.at
~~;:;.{\'i;,"':.~ ~,r:~~~;~~~~:.,~/~D.'.'" .."'~_._,..,",._.
C1Cot. of whI.ah Gholl",*......" $3.500. In ozdpr tl;IJo'~.. noI:ioa Qf OIDOCll.l~
~~4' ~~ deliver mm~,~!~-~~'wi~
""",;,""
":1' ':5~
"<,:f.
crry OF CHUlJo, VISTA
KELroN'1TIU~TroN'
BY:
OATH:
~/~ /#,tZ...
1.
"
,
DA.T~, .
',"',
.l
ft~~