HomeMy WebLinkAboutAgenda Packet 1994/05/17
Tuesday, May 17, 1994
6:00 p.m.
". declare under penalty of perJu~ t~at 1 8fII
employed by the City of Chula VIsta In the
Office of the City Clerk and that. I posted
thIs Agenda/Notice on the Bulletin B~ard at
the Public rvi es Building a~~
DATED' ~L SIGNED r::::::--7
Reeular eetin~ of the City of Chula Vista City Council
Council Chambers
Public Services Building
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:
April 5, 1994 and April 19, 1994
4. SPECIAL ORDERS OF THE DAY:
a. Proclaiming the week of May 15 - 21, 1994 as National Public Works Week in the City - The
proclamation will be presented by Mayor Nader to John Lippitt, Director of Public Works,
accepting on behalf of the City's Public Works Department.
*****
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any fj!1Jl1 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 11)
The staff recommendations regarding the following items Usted under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the pubUc 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" 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 pubUc will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter of resignation from the Cultural Arts Commission - Ralph Torres, 1035 Corte Maria
Aye., Chula Vista, CA 91911. It is recommended thallhe resignation be accepted with regret and
the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office
and the Public Library.
Agenda
6.A. ORDINANCE 2592A
B. ORDINANCE 2592B
7. RESOLUTION 17486
8. RESOLUTION 17487
9. RESOLUTION 17488
-2-
May 17, 1994
AMENDING SECTlON 17.10.100 TO PERMIT PAYMENT OF
REQUIRED PARK FEES 60 DAYS AFTER MAP APPROVAL
BUT BEFORE MAP RECORDATION, AND AMENDING
SECTlON 18.16.100 TO CLARlFY LANGUAGE ALLOWING
BONDS TO BE PROVIDED AFTER MAP APPROVAL (second
read;"" and adontion) - On 1/19/93, Council approved the Tentative
Subdivision Map for Tract 93-03, Telegraph Canyon Estates. The
fourth final map for said tentative map is now before Council for
approval. The developer has requested that payment of Park
Acquisition and Development (PAD) fees be deferred until after map
approval. The proposed Municipal Code amendment would allow the
alternative. Staff is now recommending Alternative 2592B. (Director
of Public Works, Director of Planning, Director of Community
Development, and Director of Parks and Recreation) Continued from
the meeting of 5/10/94.
AMENDING SECTION 17.10.100 TO PERMIT PAYMENT OF
REQUIRED FEES 60 DAYS AFTER MAP APPROVAL, AND
AMENDING SECTION 18.16.100 TO CLARlFY LANGUAGE
ALLOWING BONDS TO BE PROVIDED AFTER MAP
APPROVAL (first readimt) - This ordinance proposes a further
modification to the amendment which Council passed on 5/3/94
concerning the Telegraph Canyon Estates Final Map (Baldwin). The
amendment would allow Park Acquisition and Development Fees
(PAD) and other fees to be paid within 60 days of a final subdivision
map approval if appropriate security were provided thus allowing map
recordation and building permit to be issued within the 60 day period.
Staff recommends Council place the Ordinance 2592B on first reading.
(Deputy City Manager Krempl)
APPROVING AND RATlFYING A LOCAL GOVERNMENT
USED OlL OPPORTUNITY GRANT APPLICATION - The
California Used Oil Enhancement Act authorizes the collection of four
cents for every quart of lubricating oil sold, transferred and imported
into California from oil manufacturers. Consumers in turn are charged
four cents per quart when they purchase oil. The Act mandates
California Integrated Waste Management Board to provide non-
competitive Block Grants to local governments for used oil programs
that encourage recycling and avoid improper disposal. Remaining
funds are used for competitively awarded Opportunity Grants to local
governments for proposed and expanded programs. The Used Oil
Opportunity Grant of $270,300 was submitted on 4/15/94 to meet the
State deadline, subject to Council approval no later than 5/23/94. Staff
recommends approval of the resolution. (Administration)
GRANTING THE 1994RIClIARD WELSH MEMORIAL AWARD
TO EASTLAKE HIGH SCHOOL LOCATED AT 1120
EASTLAKE PARKWAY - The Beautification Awards Committee held
its annual meeting on 3/3/94 and, based on outstanding architecture,
superb combination of colors and materials, energy saving features, and
overall landmark quality of the project, voted unanimously to nominate
the EastLake High School located at 1120 EastLake Parkway within the
EastLake Greens planned community to receive the 1994 Richard
Welsh Memorial Award. Staff recommends approval of the resolution.
(Director of Planning)
INITIATING PROCEEDINGS AND DECLARING TIlE CITY'S
INTENT TO ESTABLISH ZONE 8 IN OPEN SPACE DISTRICT
20, FOR RANCHO DEL REY DEVELOPMENT IN ORDER TO
MAINTAIN A DESlLTING BASIN AND TO SET JULY 19 AND
Agenda
-3-
May 17, 1994
26, 1994 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE
PUBLIC HEARINGS - A desilting basin was built by McMillan
Development in City open space off-site of Rancho del Rey land to trap
silt which washes down from the upstream development. After
maintenance by McMillan for five years, the City will have to maintain
the basin. Formation of Zone 8 within Open Space District 20 will
provide financing for the maintenance. Staff recommends approval of
the resolution. (Director of Public Works)
10.
RESOLUTION 17484
APPROVING AN AGREEMENT WITH D. J. SMITH
ASSOCIATES FOR ADVOCACY AND PLANNING SERVICES IN
CONNECTION WITH THE TRANSPORTATION
DEVELOPMENT IMPACT FEE AND APPROPRIATING $90,000
FROM THE TRANSPORTATION DEVELOPMENT FEE FUND-
The item involves retaining a consultant with expertise in funding of
transportation facilities. The consultant, working with staff and the
property owners, would develop a program for funding transportation
facilities from sources other than developer fees, and would then
aggressively seek such funding. Staff recommends approval of the
resolution. (Director of Public Works) 4/5th's vole required.
Continued from the meeting of 5/10/94.
11.
REPORT
APPLICATION OF THE CHULA VISTA LITERACY TEAM FOR
CALIFORNIA STATE LmRARY - CALIFORNIA LmRARY
SERVICES ACT FAMILIES FOR LITERACY GRANT FUNDS
FOR FISCAL YEAR 1994/95 - The Chula Vista Public Library has
applied to the California State Library for $23,000 in FAMILIES FOR
LITERACY grant funds to implement a Family Reading Program in
Fiscal Year 1994/95 through the Chula Vista Literacy Team. The
program is designed to break the intergenerational cycle of illiteracy.
The funds cannot be used to supplant the current tutor reading
program. Staff recommends Council accept the report. (Library
Director)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Fonn" available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete
the pink fonn to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
12.
PUBLIC HEARING
CUP PCC-94-38: REQUEST TO ESTABLISH AN
EMPLOYMENT SERVICE AND TRAINING CENTER IN THE
PC ZONE IN RANCHO DEL REY AT 1045 TIERRA DEL REY -
WESTERN DEVCON, PROPERTY OWNER, FOR THE STATE
OF CALIFORNIA, EMPLOYMENT DEVELOPMENT
DEPARTMENT (EDD) - EDD proposes to relocate their existing
operations from their outgrown facility located at 1664 Industrial Blvd.
to 1045 Tierra del Rey where a 22,865 square foot structure will be
constructed. Staff recommends approval of the resolution. (Director
of Planning)
GRANTING A CONDITIONAL USE PERMIT TO THE STATE
OF CALIFORNIA, EMPLOYMENT DEVELOPMENT
DEPARTMENT, ALLOWING OPERATIONS OF AN
EMPLOYMENT ASSISTANCE FAClLITY
RESOLUTION 17489
Agenda
-4-
May 17, 1994
13.
PUBLIC HEARING
FORMATION OF A REIMBURSEMENT DISTRICT FOR THE
CONVERSION OF ELECTRIC UTILITIES ASSOCIATED WITH
TELEGRAPH CANYON ROAD - PHASE II - In October 1990,
Council authorized EastLake Development Company to construct a
portion of Telegraph Canyon Road from east of Paseo Ladera to east
of Apache Drive and further agreed that the costs associated with said
construction would be eligible for Transportation Development Impact
Fee (DIF) credit. EastLake Development Company has requested that
the underground conversion costs associated with the project be DIF
eligible. However, the costs have typically not been eligible, and City
staff recommends that a Reimbursement District be formed instead.
Staff recommends the DuhHc heariDl! be continued to 617/94.
(Director of Public Works)
ORAL COMMUNICATIONS
This is an opportunity lor the general public to address the City Council on any subject matter within the
Council's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the City
Councillrom taking action on any issues not included on the posted agenda.) llyou wish to address the Council
on such a subject, please complete the yellow "Request to Speak Under Oral Communications Fonn" available
in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name
and address lor record purposes andlollow 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 lorwarded to them lor consideration by one
01 the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section 01 the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members 01 the general public. The items will be considered individually by the Council
and stall recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
jiJ1 out a "Request to Speak" lonn available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
ACCEPTING CERTAIN BIDS AND A WARDING CONTRACT
FOR "TREE PLANTING PROJECT AT VARIOUS LOCATIONS
IN THE CITY (PR-189)" - On 4/20/94, sealed bids were received for
"Tree planting project at various locations" in tbe City (PR-189). The
work to be done consists of planting 688 trees at various locations
within the City. Funds for tree planting were included in the 1993/94
CIP budget (PR-189). Staff recommends approval of the resolution.
(Director of Public Works)
14.
RESOLUTION 17490
15.
RESOLUTION 17491
ADOPTING COUNCIL POLICY ON SEWAGE PUMP STATION
INSTALLATION AND FINANCING OF MAINTENANCE AND
OPERATION COSTS - Current financing procedures for sewage
pump stations are discussed and a new policy providing for review and
approval of new pump station installations is proposed, along with a
new procedure for financing maintenance and operation costs. Staff
recommends approval of tbe resolution. (Director of Public Works)
Agenda
-5-
May 17, 1994
16.
REPORT
CONCERNING THE CITYWIDE GRAFFITI ABATEMENT
PROGRAM, A PROPOSED GRAFFITI EDUCATION PROGRAM
AND A GRAFFITI, ADOPT -A-BLOCK PROGRAM - On 1/4/94
and 2/8/94, staff was directed to return to Council to address graffiti
abatement activities currently conducted within the City. Staff was
instructed to prepare a report outlining current enforcement of the
Property Defacement Ordinance and provide applicable
recommendations, if any, for improved modifications to the Ordinance.
Council also instructed staff to investigate the potential for establishing
an Adopt-A-Block or Adopt-A-Community Graffiti Program and
consider awards for civic groups and/or schools which contributed to
graffiti abatement programs or which were most successful in keeping
their areas graffiti free. Staff recommends Council accept the report.
(Director of Building and Housing) Continued from the meeting of
5/10/94.
17.
REPORT
CAPITAL IMPROVEMENT PROJECT OVERVIEW - An oral
report will be given by staff.
18.
REPORT
UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report
will be given by staff.
19.
REPORT
UPDATE ON CLEAN WATER PROGRAM ISSUES - An oral
report will be given by staff.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public wUl be considered prior to those pulled by Councilmembers.
Public comments are limited to Jive minutes per individual.
OTHER BUSINESS
20. CITY MANAGER'S REPORT/Sl
a. Scheduling of meetings.
21. MAYOR'S REPORT/Sl
a. Ratification of reappointments: Dorathea Grindle - Commission on Aging; and, Elizabeth
Stillwagon - Child Care Commission.
22. COUNCIL COMMENTS
Council member Horton
a. Recommendation for Council appointment to the San Diego Technology Council.
Councilmember Fox
b. Regional Open Space and Park District. Continued from the meeting of 5/10/94.
Agenda
-{;-
May 17, 1994
CLOSED SESSION
Unless the City Attorney, the City Ma1Ulger or the City Council states otherwise at this time, the Council will
discuss and deliberote on the JoUowing items oj business which are pennitted by law to be the subject oj a clased
session discussion, and which the Council is advised should be discussed in closed session to best protect the
interests oj the City. The Council is required by law to return to open session, issue any reports oj fi1UlI action
taken in closed session, and the votes taken. However, due to the typical length oj time taken up by closed
sessions, the videotaping will be temU1Ulted at this point in order to save costs so that the Council's retumJrom
closed session, reports oj fi1UlI action taken, and a4journment will not be videotaped. Nevertheless, the report
oj fi1UlI action taken will be recorded in the minutes which will be available in the City Clerk's OJfice.
23. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Govenunent Code Section 54956.9
. Perez vs. the City of Chula Vista
. Hummell vs. the City of Chula Vista
2. Anticipated litigation pursuant to Govenunent Code Section 54956.9
. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9:
Unknown numher of claims.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Govenunent Code Section
54956.8
. Property: Potential acquisition of Bayscene Mobilehome Park, 110 Woodlawn Avenue,
Chu1a Vista, California.
Negotiating parties: Richard Hall/Hall Company, Community Development, and the City
Attorney's office.
Under negotiation: Purchase price and terms of payment.
24. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
ADJOURNMENT
The meeting will adjourn to a Budget MeetinglWorkshop on Monday, May 23, 1994 at 6:00 p.m. in the Council
Conference Room and then to the Regular City Council Meeting on May 24, 1994 at 6:00 p.m. in the City Council
Chamhers.
A Joint Meeting of the City Council/Redevelopment Agency will he held immediately following the City Council
Meeting.
May 12, 1994
SUBJECT:
The Honorable Mayor and city coun~t
John D. GOSS, City Manager- ~~~)
City Council Meeting of May 17, 1994
TO:
FROM:
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, May 17, 1994. Comments regarding
the written Communications are as follows:
5
a.
IT IS RECOMMENDED THAT THE RESIGNATION OF RALPH TORRES
FROM THE CULTURAL ARTS COMMISSION BE ACCEPTED WITH REGRET
AND THAT THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY
ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE
PUBLIC LIBRARY.
COUNCIL AGENDA STATEMENT
Item
'1a
Meeting Date 5/17/94
SUBMITTED BY:
PROCLAMATION Proclaiming week of May 15 - 21,1994 as National
Public Works Week in the City of Chula Vista, California
Director of Public wor~~
City ManageJ4. ~~)
ITEM TITLE:
REVIEWED BY:
Since the efforts of qualified and dedicated personnel who staff Public Works departments in the
delivery of services are essential to the well being of the connnnnity, the American Public
Works Association is supporting the week of May 15 - 21, 1994 as National Public Works
Week.
Accepting on behalf of the City's Public Works Department is John Lippitt, Director of Public
Works.
IPL:SBI AGENDA/PROCLAM.PWW
051194
1~' I
City of Chula Vista
City Clerk
276 Fourth A venue
Chula Vista Ca 91910
RECEIVED
'94 /lAY -6 At 1 :s 7
CClfTY OF CHULA VISTA
TY CLERK'S OFFICE
May 5, 1994
Dear Sir or Madam:
This letter is to notify you of my resignation from the City of Chula
Vista, Cultural Arts Commission. Due to recent changes in my work hours,
I am unable to attend the monthly Commission meetings at the
scheduled time.
It has been a privilege and pleasure serving as a Commissioner over
the past few years. I have enjoyed working with Mr. Valenzuela and the
City Parks and Recreation staft, who have very effectively supported the
Commission since its inception.
I have especially enjoyed working with my Commission colleagues,
who continue to dedicate their time and talent to the City and the Arts
community. Credit should be given to them for all that has been
accomplished. I wish them the best in all their endeavors.
Finally, I would like to express my appreciation to Mayor Nader and
the City Council for allowing me to serve the City in this capacity. I
continue to have an interest in serving the community and hope that I
may find an avenue to participate in the City government in the future.
cC-/
- ~(:)
8.; :~~ WRlnEN COMMUNICATIONS
cc:J. Valenzuela !J~ ~7J9Y
Sincerely,
14/ 4~
Ralph Torres
~.-/
.
ORDINANCE NO.
.;.59:;.
ORDINANCE OF THE CITY COUNCil.. OF THE CITY OF
CHULA VISTA AMENDING SECTION 17.10.100 TO PERMlT ~N.
PAYMENT OF REQUIRED FEES 60 DAYS AFTER MAP ~\V'.
APPROVAL BUT BEFORE MAP RECORDATION, ANRn ~ .
AMENDING SECTION 18.16.100 TO CLARIFY LANQ~~"
ALLOWING BONDS TO BE PROVIDED ~\\MAP
APPROVAL CO~'i) .
~((;)
THE CITY COUNCil.. OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 17.10.100 ("Collection and distribution of fees") of the Municipal
Code is hereby amended to read as follows:
"Section 17.10.100 Collection and Distribution offees.
A.
.
.
subdivfe. wp
April 26, 1994
Prior to the aeeepHiftee recordation by the City of a final subdivision map or
aPJlfeval. recordation by the City of a parcel map or release of either a final
subdivision mllP or Darcel mllP for recordation, but not later than 60 dllYs after
apJ'roval of such final subdivision or parcel map. any required fees shall have
been paid to the city. Any land to be contributed for the purposes outlined in this
chapter shall be dedicated to the city and shown Dn the final subdivision or parcel
map at the ti me of l\P.Proval. The director of finance shall be responsible for the
collection and distribution of fees as set forth in this chapter. Fees collected for
neighborhood and community parks shall be kept in separate funds. However,
the City shall have the ability to shift fee amounts between the neighborhood and
community park funds when necessary. Failure to comply with this provision.
and $l)llCifically failure to PlIY the required fees within 60 dllYs for map l\P.Proval.
shall automatically void the City's l\P.Proval of the final mllP and the final mllP
must be resubmitted to the Council for fel\PJlroval prior to recordation or release.
B. Planned developments shall be eligible to receive a credit as determined by the
City Council, against the amount of land required to be dedicated, or the amount
of the fee impose, for the value of private open space within the development
which is usable for active recreational uses. Such credit, if given, shall be
determined on a case by case basis. (Qrd. . 61. 1994; Ord. 2243 ~l (part),
1987; Old. 1668 U (part), 1976)..
6 It -/
Permitting Fees to be Paid 60 days after map approval
Page 1
Jo_ ea19G~AJ H~YO"3 19'9~
.~~~~.
~ tJuA,,~.
, ._~
Section 2. Section 18.16.100 ("Improvement agreement-To be filed with security
instruments--Exception. ") is hereby amended to read as follows:
~
"18.16.100 Improvement agreement--To be filed with security
instruments-Exception.
" The subdivision improvement agreement, as set forth in Sections 18.16.190
through 18.16.280 of this chapter, shall be fully executed and submitted for the approval
of the city attorney at least eight days prior to city council consideration of the final map.
The security instruments, as required herein, should be filed concurrently with the
subdivision improvement agreement; provided however, such security instruments may
be filed with the city clerk not later than sixty days from the date of approval and
acceptance of the final map but the final map shall not be recorded or released for
recordation until all security instruments have been pro.perly filed. Failure to comply
with this provision. and specifically failure to provide the required security instruments
within 60 days of maD a,p,proval. shall-wiH automatically void council approval of the
final map and the final map must be resubmitted to the ~uncil for reawroval prior to
recordation or release.. In no event shall said map be recorded prior to the submission
of necessary security instruments. (Ord. . 62. 1994) Ord. 2100 ~1 (part), 1985;
Ord. 1369 ~2 (part), 1971; prior code ~28.303).
Section 3. This ordinance shall take effect and be in full force on the thirtieth day from
and after its and adoption.
""""
Presented by:
Approved as to form by:
PENDING REVIEW BY THE CITY ATTORNEY
John Lippitt
Public Works Director
Bruce M. Boogaard
City Attorney
subdivfe. wp
April 26, 1994
Permitting Fees to be Paid 60 days after map approval
Page 2
-..,
.
bf)-OL
en S/'''/9'i
IteDl.d7.
Meeting Date~ .!:J '179,/
ITEM TITLE: A Ordinance J.",..2Amending Section 17.10.100 to Permit Payme~
Required Park Fees 60 Days after Map Approval ~ut. ~~~
Recordation and Amending Section 18.16.100 to ~unguage
Allowing Bonds to be Provided after Map App!O~
-.. 'I IJ,,-~~~
IJ. Resolution J') 7lRenaming that Po~ Gotham Street Within the
Boundaries of the Telegraph Canyon Estates Subdivision to Chateau
Court.
e . Resolution J'l'l~ding Certain Conditions of Resolution No. 16960
Approving the Tentative Subdivision Map for Chula Vista Tract 93-03,
Telegraph Canyon Estates.
D. Resolution 1''''7~ending the Supplemental Subdivision Improvement
Agreement Approved by Resolution 17279 Requiring Developer to
Comply with Certain UnfulfIlled Conditions of Resolution No. 16960
Approving a Tentative Subdivision Map for Telegraph Canyon Estates,
and Authorizing the Mayor to Execute Same.
E. Resolution J '1"1 iA?proving Final Map and Subdivision Improvement
Agreement for Chula Vista Tract 93-03, Telegraph Canyon Estates
Neighborhood 1 Unit 2. .
COUNCIL AGENDA STATEMENT
.
.
REVIEWED BY:
Director of Public Wor'AAf?~ ~
Director of Planning dft
Director of Community Develollfi).ent~
Director of Parks and RecreatiW
City Manag~ "rJ~ (4/5ths Vote: YesJo.A.)
SUBl\1J:rlED BY:
.
On January 19, 1993, by Resolution 16960, the City Council approved the Tentative Subdivision
Map for Chula Vista Tract 93-03, Telegraph Canyon Estates. The fourth final map for said
tentative map is now before Council for approval. The developer has requested that payment
of Park Acquisition and Development (pAD) fees be deferred until after map approval. The
proposed municipal code amendment would allow this alternative.
RECOMMENDATION: That Council place the ordinance on first reading amending Sections
17.10.100 and 18.16.100 of the Municipal Code to allow park fees to be paid within 60 days
after Council approval of the Final Map; and approve the resolutions to rename Gotham Street
;n~ <OAr-I
Page 2, Item
Meeting Date
...;
to Chateau Court; amend certain conditions of approval; amend the supplemental subdivision
agreement approved by Resolution 17279; and approve the final map for Telegraph Canyon
Estates Neighborhood 1 Unit 2.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Currently the Municipal Code allows bonds for a subdivision's public improvements to be
submitted within 60 days after final map approval. If the developer chooses this option, the City
will retain the final map (thus not allowing recordation by County Recorder) until receipt of the
bonds. If bonds are not received within 60 days, the map approval by the City Council is
automatically rescinded. This action will provide a similar process for payment of Park Fees
(pAD).
The fees required at the time of map approval are the PAD fee, Telegraph Canyon Drainage fee
and Spring Valley Sanitation District connection fee. All other impact fees are collected at the
time of issuance of building permits. The fees will continue to be requested prior to map
approval. However, the proposed code amendment would allow payment of these fees up to 60
days after map approval. Deferral of payment up to the maximum time would not significantly
impact funding for, or provision of, required facilities for the development since the fees would
be collected within 0 to 60 days after map approval. This action could significantly enhance the
developer's financing abilities while still protecting the City. ~
Should the developer fail to pay the required park fees and/or provide the required bonds within
the prescribed time, Council's approval of the final map would automatically be nullifIed and
re-approval would be required prior to recordation of the final map.
The Telegraph Canyon Estates development is located on the northerly side of Otay Lakes Road
and adjacent to the western side of the proposed alignment for State Route 125. The
development consists of 112.4 acres which are proposed to be subdivided into 344 residential
lots and open space lots. The first phase of development consisted of three final maps which
were approved by Council on October 19, 1993 (Resolutions 17280, 17281, and 17282). The
first final map of the second phase, Neighborhood 1 Unit 2, is now before Council and consists
of 39 numbered single family lots totalling approximately 7.7 acres.
When the first phase final maps for this development were approved, a public hearing was held
to discuss the extension of Gotham Street into Telegraph Canyon Estates. As a result of the
hearing, Council directed that Gotham Street not be connected to Telegraph Canyon Estates and
that the proposed extension end in a cul-de-sac on site. In light of this decision, the Developer
has requested that this portion of Gotham Street be renamed to Chateau Court. The proposed
name is included on the list of approved street names for the subdivision and conforms to the
City street name standards. This change requires Council action because the street was shown
as Gotham Street on the approved tentative subdivision map. Staff supports the proposed name
change. ~
~~
. c:'A- 2-
.
.
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Co
Page 3, Item J? 7/
Meeting Da~ {rh 'I
At the time the first final map of this development was approved, Council also adopted
Resolution 17278 amending the original conditions of approval of the tentative map. Certain
conditions were amended to defer compliance until approval of a later final map of the
development. The supplemental subdivision agreement for the first phase of development (Reso.
No. 17279) outlined the terms and conditions for the developer to satisfy the amended
conditions. The developer is now requesting that Council further amend Conditions of Approval
Nos. 61, 62, and 68 to defer compliance until approval of subsequent maps. Amending the
conditions requires that the original supplemental subdivision agreement also be amended to
correspond to the amended conditions.
Condition No. 61, as originally amended, requires the developer to enter into an agreement to
dedicate and record in first priority positions a minimum of 0.9 acres of wetlands on the Otay
Ranch property prior to approval of the fourth final map. It had been anticipated that the grant
of easement and subordination agreement would be completed prior to presenting the fourth final
map for Council approval. The grant of easement has been prepared and recorded. However,
because the property on which the easement is located serves as collateral for loans secured for
the purchase of the Otay Ranch the subordination agreement must be executed by a number of
different entities and individuals. The execution process has taken considerably more time than
anticipated.
Staff recommends that Condition No. 61 be further amended to read as follows:
"Enter into an agreement not to apply for Council approval of a fourth or later
Final Map for the Property until Developer has dedicated to the City, by the
recordation of a dedication deed, an easement over a minimum of 0.9 acres
wetlands associated with a large wetlands area on the Otay Ranch property in a
location approved by the director of Planning ("Original Wetlands Easement")
and provided a title policy covering the Original Wetlands Easement. Developer
shall further agree not to apply for Council approval of the final map containing
the 232nd lot until Developer has recorded all necessary subordination agreements
to subordinate any deeds of trust encumbering the property on which the Original
Wetlands Easement is located and provided a title policy insuring the priority of
the Original Wetlands Easement."
The original Condition 62 of the approved tentative map for Telegraph Canyon Estates required
the developer to enter into an affordable housing agreement to, as a minimum, grant in fee to
the City not less than three buildable acres in a location and of a character satisfactory to the
City for the purpose of constructing housing for low and moderate income families.
Condition No. 62, as previously amended, requires the developer to enter into an Affordable
Housing Agreement with the City to provide 34.4 affordable housing units within the area
covered by the Fifth Final Map prior to recordation of the Fifth Final Map. Since it is
anticipated that the fifth fmal map will soon be presented to Council for approval and the
developer and City staff have come to an understanding that the required affordable housing may
be provided partly on-site and partly off-site, Staff recommends that Condition No. 62 be further
amended to read as follows:
~ ..:?-r f.cA- 3
(0
Page 4, Item I;J)
M. ....,.-
eetmg Date ! / .
"Enter into an agreement to provide seventeen (17) moderate income units with~ :::>'~;; y~
the boundaries of the development prior to approval of the Final Map containing I
the 200th lot and enter into an agreement to provide seventeen (17) low income
units to be provided off site in a location acceptable to the Director of Community
Development prior to approval of the Final Map containing the 20lst lot. "
Condition No. 68, as originally amended, requires the Developer to enter into an agreement with
the City to cause, consent to, permit, apply for, and not oppose the planning or replanning and
zoning or rezoning of an off-site parcel(s) as a Community Purpose Facilities (CPF) site prior
to the recordation of the fourth Final Map.
The CPF site is expected to be provided in the first village of the Otay Ranch, and the Otay
Ranch General Development Plan has been conditioned accordingly. However, the Otay Ranch
property has not yet been annexed and therefore the developer is unable to comply with the
condition at this time. The amended condition would require the developer to further reserve
and later replan an appropriate CPF site within the project if an off-site parcel cannot be
guaranteed prior to the approval of the final map containing the 30lst lot of the subdivision.
Staff recommends Condition 68 be amended as follows:
"Enter into an agreement with the City prior to approval of the fourth Final Map
to record a covenant ("Covenant") against a parcel comprised of not more than
1.S acres located within the development that said parcel be restricted for the use
of a Community Purpose Facilities site and to cause, consent to, permit, apply
for, and not oppose the planning or replanning and zoning or rezoning as a
Community Purpose Facilities site prior to approval of the Final Map containing
the 301st lot. Developer shall further agree that if Developer has not caused,
consented to, permitted, applied for or not opposed the planning or replanning
and zoning or rezoning of said site prior to approval of the Final Map containing
the 301st lot, City may require Developer to submit an amendment to the SPA
Plan to create the necessary zoning for such a site within the boundaries of the
property covered by the Covenant."
~
The proposed amendments to Condition Nos. 61, 62, and 68 require amending the paragraphs
of the supplemental subdivision agreement pertaining to these conditions (paragraphs 13, 14 and
15). Staff recommends the supplemental subdivision agreement be amended as shown in the
attached amendment to the supplemental subdivision agreement. All other conditions and terms
of approval and the supplemental subdivision agreement approVed by Resolution 17279 shall
remain in full force and effect.
The final map for Neighborhood 1 Unit 2 of Chula Vista Tract 93-03, Telegraph Canyon Estates
has been reviewed by the Public Works Department and found to be in substantial conformance
with the approved tentative map. Approval of the final map constitutes acceptance on behalf of
the public portions of Versailles Road, and Marquis Court, and tree planting and maintenance "'"
. easements all as shown on the final map.
J>'7~
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The developer has executed a Subdivision Improvement Agreement for Neighborhood 1 Unit 2
and an Amendment to the Supplemental Subdivision Improvement Agreement (SSIA), provided
bonds to guarantee construction of the required public improvements (CY drawings 94-01
through 94-20), paid all applicable fees, and has provided a bond to guarantee the
monumentation for said fInal map.
All applicable fees, except the Park Acquisition and Development (pAD) fees, have been paid
by the developer . PAD fees in the amount of $170,625 are to be paid within 60 days of Council
approval of this fInal map. Should the PAD fees not be paid within'the specifIed time period,
approval of this fInal map shall be rescinded.
A plat is available for Council viewing.
FISCAL IMPACT: None. All Staff costs associated with processing the improvement plans
and fmal map will be reimbursed from developer deposits. The PAD Fee Fund would lose
interest income on $170,625 for a period of 0 to 60 days.
ATfACHMENTS: Plat of Proposed Subdivision
Amendment to Supplemental Subdivision Agreement
Subdivision Improvement Agreement
Copy of Original Supplemental Subdivision Agreement
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COUNCIL AGENDA STATEMENT
Item
~lJ
Meetinq Date
5/17/94
ITEM TITLE:
:<.ff ~13
Ordinance Amending Section 17.10.100 to permit
payment of required fees 60 days after map
recordation and amending Section 18.16.100 to
clarify language allowing bonds to be provided
after map approved
Deputy City Manage€'fremp~
City Manager~~~ (4/5ths Votel Yes_ NO-L)
SUBMITTED BY:
REVIEWED BY:
BACKGROUND
On May 3, 1994, the City Council passed an ordinance amendment
allowing for the payment of Park Acquisition and Development Fees
(PAD) within 60 days of approval of'a final subdivision map or
parcel map. The amendment was for the Telegraph Canyon Estates
Final Map (Baldwin). This ordinance proposes a further
modification to allow PAD and other fees to be paid within 60 days
of a final subdivision map recordation if appropriate security is
provided. This ordinance amendment is an interim solution to
assist the development industry during tight economic times to be
able to develop new housing for the community.
RECOMMENDATION:
Place the ordinance on first reading.
BOARD/COMMISSION RECOMMENDATION: The broader issue of whether
PAD fees should be paid at time of map, at time of building permit
or at time of occupancy will tentatively be discussed with the
Parks and recreation Committee on May 19, 1994 and returned to
Council some time in June.
DISCUSSION: Most fees are paid at the time of issuance of building
permits, but the PAD fee and some drainage and sanitation district
connection fees are paid at the final map stage. Deferral of
payment of these fees up to a maximum of 60 days after map
recordation will not significantly impact funding for or provision
of required facilities for the development. However, it will
assist developers in getting funding released from lenders to be
able to leverage additional construction or to pay ongoing City
obligations and fees.
On May 3, 1994, the developer wanted to amend the then ordinance
amendment to allow for payment 60 days after map approval by
Council to allow payment all the way up to the occupancy of a unit.
Staff was not comfortable dealing with that issue on such short
notice without input from Parks and Recreation, Building, Planning
~ (J~)
./1
and public Works as well as relevant Boards and Commissions. The
issue entails significant policy, administrative and economic
considerations which warrant significant analysis. The most
immediate consideration involving park fees is, as stated earlier,
being docketed for Parks and Recreation Commission consideration
later this month and Council in mid June.
The ordinance calls for security to be posted in the form of a
letter of credit or bond, interest to be charged and a stop on
final inspection of units already permitted and no new units to be
permitted if the fees have not been paid within the prescribed 61
days.
FISCAL IMPACT: Minor for the short period of time involved, and
interest will be charged as well.
B: \ (AGENDA)\APPROVAL. MAP
~[J':2.
ORDrn:ANCE NO. 2592 B
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SECTION 17.10.100 TO PERMIT
PAYMENT OF REQUIRED FEES 60 DAYS AFTER MAP
APPROVAL, AND AMENDING SECTION 18.16.100 TO
CLARIFY LANGUAGE ALLOWING BONDS TO BE
PROVIDED AFTER MAP APPROVAL.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 17.10.100 ("Collection and distribution of fees") of the Municipal
Code is hereby amended to read as follows (NOT MARKED DUE TO QUANTITY OF
CHANGES):
"Section 17.10.100 Collection and Distribution of fees.
A. Prior to the recordation by the City of a final subdivision map or recordation by
the City of a parcel map or release of either a [mal subdivision map or parcel
map to a developer for recordation, any required fees shall have been paid to the
city unless an agreement has been entered into between the City, approved by the
City Council, and the map applicant providing for the subsequent payment of the
fee but in no event later than 60 days after map approval. Said agreement shall
provide that such payment shall be, to the satisfaction of the City Manager and
City Attorney, adequately secured by sufficient surety or letter of credit, and
which shall further provide for interest from date of [mal map approval at City's
average earnings rates, computed and compounded quarterly, experienced by the
City on its average investments (as determined by the City), plus two percentage
points. Notwithstanding any other provision of law, City may withhold final or
interim inspection of units for which building permits may have been issued and
may withhold issuance of additional building permits, certificates of occupancy
if applicable, or any other processing of entitlements on any property or
improvements included within the territory of the map so approved or otherwise
owned by applicant, until the required fees are received by the City. Any land
to be contributed for the purposes outlined in this chapter shall be dedicated to the
city and shown on the final subdivision or parcel map at the time of approval.
The Director of Finance shall be responsible for the collection and distribution of
fees as set forth in this chapter. Fees collected for neighborhood and community
parks shall be kept in separate funds. However, the City shall have the ability
to shift fee amounts between the neighborhood and community park funds when
f:\home\attorney\mayl7\subdivfe.wp Permitting Fees to be Paid 60 days after map approval
May 11, 1994 Page 1
C,lJ- J
necessary .
B. Planned developments shall be eligible to receive a credit as determined by the
City Council, against the amount of land required to be dedicated, or the amount
of the fee impose, for the value of private open space within the development
which is usable for active recreational uses. Such credit, if given, shall be
determined on a case by caSe basis. (Ord. . 61. 1994; Ord. 2243 ~1 (part),
1987; Ord. 1668 ~1 (part), 1976)."
Section 2. Section 18.16.100 ("Improvement agreement--To be med with security
instruments--Exception. ") is hereby amended to read as follows (MARKED FOR CHANGES
FROM CURRENT TEXT):
"18.16.100 Improvement agreement-- To be filed with security instruments--Exception.
" The subdivision improvement agreement, as set forth in Sections 18.16.190
through 18.16.280 of this chapter, shall be fully executed and submitted for the approval
of the city attorney at least eight days prior to city council consideration of the final map.
The security instruments, as required herein, should be filed concurrently with the
subdivision improvement agreement; provided however, such security instruments may
be filed with the city clerk not later than sixty days from the date of approval and
acceptance of the final map but the final map shall not be recorded or released to the mllP
ap'plicant for recordation until all security instruments have been properly filed. Failure
to comply with this provision. and specifically failure to provide the required security
instruments within 60 days of mill> ap'proval. shall-wiH automatically void council
approval of the fmal map and the final map must be resubmitted to the e{;.ouncil fur
reap.proval prior to recordation or release.. In no event shall said map be recorded prior
to the submission of necessary security instruments. (Ord. . 62. 1994) Ord. 2100
~1 (part), 1985; Ord. 1369 ~2 (part), 1971; prior code ~ .303).
Ap 0 OJ ~ II'
Bruce M. Boogaard
City Attorney
Presented by:
John Lippitt
Public Works Director
f:\home\attomey\mayI7\subdivfe.wp Permitting Fees to be Paid 60 days after map approval
May 11, 1994 Page 2
&8.~
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item ?
Meeting Date 5/17/94
Resolution 17ryt-Ratifying Submittal of a Local Government Used
Oil Opportunity Grant Application in the Amount of $270,300 to the
California Integrated Waste Management Board (CIWMB)
Conservation Coordinator ~
City Manag~ ~~ (4/5ths Vote: Yes_ No X )
ITEM TITLE:
REVIEWED BY:
BACKGROUND: The California Used Oil Enhancement Act authorizes the collection of four
cents for every quart of lubricating oil sold, transferred and imported into California from oil
manufacturers. Consumers, in turn are charged four cents per quart when they purchase oil.
The Act mandates the CIWMB to provide non-competitive Block Grants to local governments
for used oil programs that encourage recycling and avoid improper disposal. Remaining funds
are used for competitively awarded Opportunity Grants to local governments for proposed and
expanded programs. The attached Used Oil Opportunity Grant of $270,300 was submitted on
April 15, 1994 to meet the State deadline, subject to City Council approval no later than May
23, 1994.
RECOMMENDATION: Adopt the resolution as required by the State.
BOARD/COMMISSIONS RECOMMENDATION: The Resource Conservation
Commission reviewed the grant application on Monday, April, 11. 1994 and recommended that
City Council authorize its submittal to the CIWMB. Minutes of the meeting are attached.
DISCUSSION:
The proposed Used Oil Recycling Program outlined in the attached grant application
(Attachment A) has three primary elements. First, the grant application is a "Regional
Application" between the Cities of Chula Vista, Imperial Beach and National City. The State
awards additional points in the review process for regional programs and requires that one
jurisdiction be selected as the designated jurisdiction. Chula Vista is the proposed designated
jurisdiction and will receive all grant funds, and act on behalf of all participating jurisdictions.
Imperial Beach and National City are adopting similar resolutions that authorize Chula Vista as
the designated jurisdiction. The second grant element addresses the State's primary focus, the
increase of used oil recycling opportunities. The application stresses a cooperative effort
between the cities, the Urban Corps and local "lube'n tune" businesses. The "lube'n tune"
businesses will be encouraged to "certify" as a State used oil recycling center and accept used
oil from the public.
7" I
Page 2, Item ~
Meeting Date 5/17/94
This element requests and would provide certified used oil recycling centers with financial
incentives, free used oil recycling containers, free advertising, customer incentives and technical
support. The Urban Corps will also distribute used oil recycling information at local oil retailers
through point of purchase displays, and will provide used oil recycling information to high
school and community college auto shop classes. This element requests $140,700 for the City
to contract with the Urban Corp to implement the operational components of the element. This
element also requests $80,900 for materials, supplies, equipment, overhead costs, and a project
intern to assist the Conservation Coordinator in implementing the program. At no time will the
program require the cities or the Urban Corps to transport or otherwise handle oil.
The third grant element focuses on developing positive disposal habits among future consumers
and prevention through eduction. This element requests $48,700 for the Chula Vista Nature
Center and the Tijuana River National Estuarine Reserve to incorporate used oil recycling into
their existing elementary school science programs. The natural beauty of the Center and
Reserve will reinforce the importance of wildlife habitat and watershed protection while children
learn the effects of improper disposal. Children will be encouraged to influence their parents
to use the environmentally responsible alternative and recycle their used oil.
The total grant amount requested is $270,300. No local matching funds are required by the
State, however the City's application does list $8,000 of matching funds. The match represent
the Conservation Coordinator's time for managing the grant, and these costs are already
appropriated in existing staff costs.
FISCAL IMPACT: There is no additional fiscal impact as a result of the recommended action
to adopt the attached resolution. There will be no additional fiscal impact if the grant application
is eventually approved. Should the grant be awarded, staff will return to the City Council for
acceptance of the grant and approval of the service agreement, final grant budget and conditions.
7-.2.
RESOLUTION NO.
1710/8"'1,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND RATIFYING A LOCAL
GOVERNMENT USED OIL OPPORTUNITY GRANT
APPLICATION
WHEREAS, the people of the State of California have
enacted the California oil Recycling Enhancement Act that provides
funds to cities and counties for establishing and maintaining local
used oil collection programs that encourage recycling or
appropriate disposal of used oil; and
WHEREAS, the California Integrated Waste Management Board
has been delegated the responsibility for the administration of the
program within the state, setting up necessary procedures governing
application by cities and counties under the program; and
WHEREAS, said procedures established by the California
Integrated Waste Management Board require the applicant to certify
by Resolution the approval of application before submission of said
application to the state; and
WHEREAS, the applicant will enter into an agreement with
the State of California for development of the project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula Vista does hereby approve and ratify the
submittal of the application to the California Integrated Waste
Management Board for a "Regional," Local Government Used oil
Opportunity Grant on behalf of the Cities of Chula Vista, Imperial
Beach and National City.
BE IT FURTHER RESOLVED that the city Manager of the City
of Chula vista is hereby authorized and empowered to execute in the
name of the City of Chula vista all necessary applications, con-
tracts, agreements and amendments hereto for the purposes of se-
curing grant funds and to implement and carry out the purposes
specified in the grant application.
BE IT FURTHER RESOLVED that the City Manager shall advise
the City Council if and when he uses the authority of this
resolution to execute documents, and shall provide a opy of such
documents to the Council by informational emo, r ferabl 'n
advance of the use of the authority. I
Presented by oved/~s
Bruce M. Boo
City Attorn y
Michael Meacham
Conservation Coordinator
(M\Ho.e\Attorney\.ay17\Grant.Oil)
?..~
MINUTES OF A SCHEDULED REGULAR MEETING ~ ~
Resource Conservation Commission '<\~ ~
Chula Vista, California \)
6:30 p.m.
. Monday, April 11, 1994
Council Conference Room
City Hall Building
CALL MEETING TO ORDER/ROLL CALL: Meeting was called to order at 6:40 p.m. by
Chairman Kracha. City Staff Environmental Review Coordinator Doug Reid called roll.
Present: Commissioners Hall, Kracha, Ghougassian, Johnson, and Burrascano. It was MSUC
(Johnson/Hall) to excuse Commissioner Myers from last meeting and also through the summer
until she finishes school; motion carried 5-0. It was MSUC (Ha11IBurrascano) to excuse
Guerreiro from the meeting of March 7 and April II due to his school exams; motion carried
5-0. It was MSUC (Hall/Burrascano) to excuse Johnson from the meeting of March 21 due to
vacation; motion carried 5-0. Kracha stated he will be on vacation May 2-June 10, 1994.
APPROVAL OF MINUTES: It was MSUC (Johnson/Hall) to approve the minutes of the
meeting of March 7,1994. The minutes of March 21 could not be approved due to no quorum
present from that meeting. It was noted that the minutes of February 7, 1994 are still
unapproved .
NEW BUSINESS:
1. Used Motor Oil Grant Application - Michael Meacham explained the grant rC4uirements
and how he is seeking to have some of the money charged from the oil to be returned to
the City. The $240,000 regional grant application is being done on behalf of Imperial
Beach, National City and Chula Visa. He will also ask assistance from schools and
businesses to educate the public on programs to recycle oil. The Nature Center currently
has these classes and will work with them on preserving the environment.
It was MSUC (HalllGhougassian) to recommend that Council approve the grant; motion
carried 5-0.
2. Review of Negative Declaration IS-94-10, Bonita Road Bicycle Lane: It is noted that the
lanes were included in the General Plan. Opposition to the negative declaration included
comments on the cost, excess traffic, and that underground utilities would need to be
relocated .
A motion was made by Ghougassian to reject the project as it is not economical to the
City; motion died due to lack of second.
A motion was made by Hall, seconded by Burrascano to accept the negative declaration;
motion carried 4-1, no: Ghougassian.
Another motion was made by Hall, seconded by Ghougassian that the project be denied
due to safety problems with traffic. Burrascano felt that the bicycle lane was the best
7-5
Resource Conservation Commission
~~~..., 2
alternative for bikes. However, Hall and Ghougassian felt the danger existed for bikes to
be riding in the busy intersection too close to the freeway; motion failed 3-2, no:
Burrascano, Kracha.
A motion was made by Ghougassian, seconded by Hall to deny the project due to
UMeceSsary expense; motion failed 3-2, no: Burrascano, Kracha.
3. Review of Negative Declaration IS-94-14, European Parts Club, was postponed until the
next meeting due to insufficient time for review by Commissioners.
4. Review of Negative Declaration IS-94-19, Modification to the EastI.ake Greens GDP/SPA.
Information was relayed on the density transfer within the approved areas of EastUke
Greens, and exchange of property between Otay Ranch and EastUke.
It was MSUC (Burrascano/Hall) to accept the negative declaration; motion carried 5-0.
[Ghougassian left the meeting at 7:50 p.m.]
5. Environmental Health Coalition: Kracha was distressed that this item was sent to Council
before RCC saw the draft. He questioned how long in advance this was docketed to
council. Further, he wondered if there would be other surprises to expect from the
relationship between the Environmental Health Coalition and the Environmental Resource
Manager. Kracha commented on how parts of the packed appeared to be generated by the
City, however, it is on record that the information is already in effect in San Diego
County. The packet further pertains only to City programs and operations, and he thought
it should be a countywide program. Since too many questions were left unanswered, this
will be an agenda item again at the next meeting.
6. Historical Signs: Kracha again expressed his dissatisfaction that the City Council.
appropriated funding of $3700 to the Cultural Arts Commission in support of its activities
for the remainder of the fiscal year. Consequently, he was offended that in order to cut
its budget, the Council had removed the item of historical signs from RCC's budget with
the intention that the City Manager would find alternative funding for the signs. However,
this has not been done to date, yet the Council appropriated other funds for another
Commission.
A motion made by Hall and seconded by Burrascano to take the excess and unspent monies
in RCC's current budget and designate it to a fund to pay for signs for the historical
buildings; vote: 2-2, no: lohnson, Kracha. The no vote was expressed because it does not
solve the City's problem nor the City Manager's obligation of finding alternative funding.
Kracha stated that the problem of the signs has been unresolved for over five years and
residents are still waiting for the signs.
7..t
(Attachment A)
APPLICATION TO TIlE
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
~~~
~
~~~~
~~
FORA
LOCAL GOVERNMENT USED OIL
OPPORTUNITY GRANT
BY TIlE
CInES OF
CHULA VISTA, IMPERIAL BEACH
& NATIONAL CITY
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
MARKETS, RFSRARCH, AND TECHNOLOGY DMSION
USED OIL GRANT PROGRAM
8800 CAL CENTER DRIVE
SACRAMENTO, CA 95826
ATT: CHRIS ft.T.T.F.N' & DARLENE FALCONER
PrInted ... ............... ...""I"'7C1ed paper
7.7
April 14, 1994
Chris Allen & Darlene Falconer
C/O California Integrated Waste Management Board
Markets Research and Technology Division
Used Oil Grant Program
8800 Cal Center Drive
Sacramento CA, 95826
Dear Ms. Falconer and Mr. Allen:
Enclosed are one original and three copies of our application for a Local Government Used Oil
OpportUnity Grant. The application is being submitted jointly as a Regional program between the Cities
of Chula Vista, Imperial Beach and National City. Chula Vista is the designated lead jurisdiction.
Thank you again for your time and support during the application and certification process. We are
looking forward to establishing a program that the State and our cities will ,take great pride in
implementing.
If you have any questions regarding the application please contact me at (619) 691-5122.
Sincerely,
tlM. ha~l T -",;~\7~ \~~--::::.
IC e . !Yl~acJn; ". .
~rvation Coordinator
mtm4
OP-gmtf.oil
cc: John D. Goss, City Manager, City of Chula Vista
stepbanie Snyder, Principal Management Assistant, City of Chula Vista
Curt Williams, Director of Public Works, National City
Kip Sturdevan, Environmental Programs Manager, Imperial Beach
?-~
WCAL GOVERNMENT USED OIL
OPPORTUNITY GRANf
SOUI'H BAY SAN DIEGO REGIONAL PROGRAM
TABLE OF CONTENTS
I. Application Cover Sheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
n. Program Report
Background .......................................2
Jurisdiction "Region" Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Program Description
Certified Used Oil Center Progi-am ....................... 4,5
Public Education, Information & Promotion Part I .............. 6,7
Public Education, Information & Promotion Part n . . . . . . . . . . . . . .. 8
Operational Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
m. Funding Sources
Cooperative Efforts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
Volunteers ...................................... .10
Commitment to Continuing the Program ..................... 10
IV. Budget Report
Exhibit ......................................... 11
Exhibit B-1 General Component .......................... 12
Exhibit B-2 Urban Corps Component . . . . . . . . . . . . . . . . . . . . . . . 13
Exhibit B-2 Nature Center Component ...................... 14
V. Approved Resolution;
Exhibit C-l City of Chula Vista (Draft) . . . . . . . . . . . . . . . . . . . . . . 15
Exhibit C-2 City of Imperial Beach (Draft) . . . . . . . . . . . . . . . . . . . . 16
Exhibit C-3 City of National City (Draft) . . . . . . . . . . . . . . . . . . . . . 17
(See Letters from City Manager's)
VI. Work Statement
General & Urban Corps Components ....................... 18
Nature Center Component . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
VIT. Program Time Line ................................. .20
Appendixes
Urban Corps Letter of Support ...........................21
Nature Center Letter of Support . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Tijuana River National Estuarine Reserve Letter . . . . . . . . . . . . . . . . . 23
?-q
LOCAL GOVERNMENT USED OIL
OPPORTUNITY GRANT
SOUTH BAY SAN DIEGO REGIONAL PROGRAM
TABLE OF CONTENTS
Appendixes continued . . .
City Manager Letters
City of Chula Vista .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
City of Imperial Beach. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25
City of National City ................................26
CIWMB, HHW Section: Estimate Volume of Oil Sold and
Illegally Disposed of in California for 1990 . . . . . . . . . . . . . . . . . . . . 27
CIWMB, List of Certified Used Oil Centers in the Region. . . . . . . . . 28,29
Material and Supply Quotes
Used Oil Containers (50% post-consumer) . . . . . . . . . . . . . . . . . . . . 30
Sharp Vision Projector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31,32
Vehicle Billboard Framing . . . . . . . . . . . . . . . . . . . . . . . . . . . .33,34
Portable Displays ................................... 35
Inter-active Exhibit ................................ 36,37
Brochures Attached
? ~JtJ
Stare of California
EXHIBIT A
California IDIqnICd Waste MaIlI&= Board
APPLICATION COVER SHEET
LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANT
CIWMB-306 (9192)
===============================================
City of Chula Vista (South Bav San Diel!o Rel!ional Used Oil Recvclinl! Prol!I'llIIl)
Name of Applicaol
tl~rourth Avenue
Steohanie Snyder
Name of Propul Director
Chul~Jista
Principal Manal!ement Assistant. City of Chula Vista
Tille
Accountant! Accounts Payable
Tide
91~0
(619) 691-5031
PIIooe
Carole French
Name of Finance Off'1Cet
(619) 691-5051
Pbooe
Michael T. Meacham
Name of Program Manoi"
Conservation Coordinator. City of Chula Vista
Tille
(619) 691-5122
Pbooe
(619) 585-9118
........... MoD_ Fa Numb..
Brief' ProJram n!lcriptioa (1..3 _teaeel) :
The Cities of Chula Vista, Imperial Beach and National City will work with local not-for-profit
agencies and school districts to establish a comprehensive, well publicized and successful program
designed to eliminate the improper disposal of used 00. The program contains three (3)
components that will: 1) establish an extensive list of conveniently located used 00 recycling centers
that provide free used 00 recycling containers, 2) implement a comprehensive public education,
information and reinforcement program that emphasizes the effects of improper disposal, used 00
recycling and buying recycled, and 3) implement a school education program that will empower
a future generation of consumers with the knowledge and sense of stewardship to reduce and
recycle used oil.
Total Grant Request: 5270.300
Ce1tifieation:
I MCIon, ruuler peIU11tJ 0/ JIDiru], tIulI tJlI injonNlliDn ndmritIetJ lor tIu BotJrd', collli4eration lor
IIllocotion 0/ grantI ftuub illnle tDUllleClUfIU to tIu best 0/ III] bunvldge tDUl belief.
Name of Person Authorized by Resolution:
John D. Goss
t)
PriDted on post-COllllUller content recycled JIllper
1 ?- / /
LOCAL GOVERNMENT USED OIL
OPPORTUNITY GRANTS
PROGRAM REPORT
BACKGROUND
Local Used on Disposal Problems: The Cities of Chula Vista, Imperial Beach and National City
(Region) comprise most of the enclosed portion of South San Diego Bay. The Region bas an estimated
1,500 businesses that sell and/or generate motor oil. A significant part of the Region's total households
own more than one vehicle. Many households also own recreational vehicles, boats and other motorized
items that generate used oil. Approximately 350,000 gallons of the used oil generated in the Region
are unaccounted for and may be disposed of illegallyl. The Region bas less than ten facilities that are
known to accept used motor oil from the public.
The improper disposal of used oil in storm drains bas a particularly devastating effect on the Region.
Most of the storm drains for city and county streets from downtown San Diego to the border of Mexico
drain into San Diego Bay and are captured in the enclosed South Bay. That represents approximately
one million residents who potentially utilize their gutters and storm drains as the only convenient means
of used oil disposal. Between Chollas Creek and the Tijuana River there are at least four additional
rivers and creeks that support hundreds of acres of National Wildlife Refuge and wetlands. The
wetlands and bay wildlife depend on the waterways and are threatened by the used oil and other
hazardous wastes they can transport.
Jurisdictions' population: The City of Chula Vista is the second most populated City in San Diego
County with approximately 150,000 residents. National City bas approximately 50,000 residents and
Imperial Beach approximately 25,000 residents. The greater South Bay area serves as home, work and
retail center to more than 1,000,000 people from the United States and Tijuana, Mexico.
Existing Used on Collection Opportunities: There are only two businesses in the Region that have
completed the certification process, neither of which promote their used oil collection programs. There
are approximately six additional non-certified centers in the Region that are known to accept motor oil
from the public. These centers are not well publicized and tend to be located in dense commercial areas
that are not convenient for many generators. Chula Vista, Imperial Beach and National City have not
had the resources to individually apply for and implement used oil grants. This Regional approach
represents an important opportunity for all three cities and a significant change from past approaches.
County-Wide Housebold Hazardous Waste Element (HHW): The Region bas paid an additional per
ton tipping fee to San Diego County for the HHW Round Up Program for the past several years. The
County HHW Round Ups accept used oil however, Chula Vista is an under-served area. The County
typically schedules an occasional roundup in National City and Imperial Beach. The County has not
scheduled a roundup in Chula Vista (the largest City in the County system) in two years. The County
expects Chula Vista residents to take their motor oil and other HHW to the County's HHW
subcontractor which is located in a remote part of the City. The County's records indicate that the
contractor receives less than 2 % of Chula Vista's total HHW waste stream of which only a part is used
motor oil.
I 1990 California Integrated Waste Management Board, HHW Section Report, see Appendix page 31.
2
?-I)..
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LOCAL GOVERNMENT USED OIL
OPPORTUNITY GRANTS
Certified Used Oil Recycling Center Program
Program Description, Certified Used Oil Centers: Chula Vista, Imperial Beach and National City
(Region) will identify and contact at least 300 qualified used oil recycling center prospects by mail. The
initial mailing will provide basic information on the requirements and benefits of being a certified used
oil recycling center. Prospective used oil recycling centers will be asked to return a self addressed mail
card expressing interest.
With the assistance of the San Diego Urban Corps the Region will encourage businesses to certify by:
o offering technical assistance to complete a certification application,
o providing free used oil recycling containers for distribution to their customers,
o referring customers to certified centers through the recycling information telephone line,
o referring customers to certified centers through point of purchase information, and
o referring customers to certified centers through newspaper advertisements.
Businesses will be reminded that oil recycling will bring potential customers to their stores, and that
automotive oil changing facilities can benefit from the sixteen cent per gallon incentive fee that would
apply to oil generated from their vehicle service bays if they certify as a used oil recycling center.
The Project Manager will train Corps members to contact and work with used oil centers. An Urban
Corp representative will visit prospective used oil collection centers that express interest in the program.
The Urban Corps representative will provide the owner/manager with an overview of the program and
assist them with the completion of a Certified Used Oil Collection Center Application.
The Urban Corps will provide qualified centers (those receiving CIWMB certification) and the store
owner/manager with a storefront sign, rosters, a counter display, used oil recycling containers and the
on-site training necessary to insure a successful program. The sign will recognize the store's
participation and list the days and hours that used oil is accepted. The manager/owner will receive
rosters that encourage used oil recyclers to register for prizes. Used oil recyclers will be randomly
selected from the roster (by the Region) for cash and gift certificates. The store owner/manager will
receive a counter display promoting used oil recycling. The counter display will encourage participants
to donate their change (including 4 cents per quart incentive fee) to the Urban Corps and the Nature
Center for programs that promote used oil recycling. Certified centers will also receive free reusable
used oil collection containers to distribute to the public at no cost. The containers will prominently
display the California Integrated Waste Management Board's logo and recognize their support of the
program.
The Urban Corps will service the rosters, counter displays and replenish, clean and/or dispose of the
used oil recycling containers as necessary. A primary goal of this component will be to work with the
California Integrated Waste Management Board (CIWMB) staff to certify a minimum of twelve (12)
and as many as thirty (30) strategically located used oil centers throughout the Region.
Every effort will be made to assure that the centers are sufficient in quantity and geographic distribution
to assure that every resident of the region has a convenient opportunity to participate in the program.
Providing every household with a convenient recycling opportunity is the first step in eliminating
improper disposal and eliminating used oil as a threat to the Region's waterways and wildlife habitat.
4 ?~/J/
Certified Used Oil Center Program continued . . .
This component has the potential to reach the 225,000 local residents and many of the 1,000,000 people
from Tijuana and the surrounding area that buy oil in the Region. This component is designed to
increase awareness of used oil recycling opportunities and reduce the incidence of improper disposal.
It will provide the flfSt link in a used oil collection system to an area which has been under-served in
both collection and education opportunities.
.
This program component emphasizes a cooperative effort between the Cities of Chula Vista, Imperial
Beach and National City, and the Urban Corps of San Diego. The-agencies will work together and
utilize their considerable resources to develop and implement a program through which the Region and
State will take great pride.
5 7' I.f"
LOCAL GOVERNMENT USED OIL
OPPORTUNITY GRANTS
Public Education, Information and Promotion Program Part I
Program Description: Chula Vista, Imperial Beach and National City (Region) will implement a
comprehensive multi-media used oil recycling campaign that will reach out to all ethnic, religious and
geographic populations within the region. The Region will place at least three advertisements, in four
local print media publications, to promote used oil recycling. The advertisements will promote proper
disposal of used oil and list the name and location of certified used oil recycling centers. The
investment in advertisement dollars will be used to leverage photo and story opportunities that highlight
milestones of the program such as the 10,000 gallon of recovered oil and individual used oil recyclers.
The campaign will also include radio and cable public service advertisements (psa), ethnic and religious
media sources and movie theater advertisements. PSA's will be distributed quarterly to the media
sources listed above.
The media campaign will:
o make residents aware of the environmental hazards of improper disposal of used oil,
o develop grass roots support for used oil recycling,
o provide residents with the name and address of certified oil recycling centers,
o provide residents in the region with a telephone number for more information,
o provide businesses with a "free advertising," incentive for certifying,
o emphasize buying recycled to "close the loop,"
o provide used oil recyclers with recognition for doing the right thing, and
o target high school and community college auto shop participants.
The first advertisement will be placed within 90 days of the award of the grant. Additional
advertisements will be spaced throughout the grant period to encourage certification and used oil
recycling.
The program will include portable displays, photographs, slides and signage promoting used oil
recycling at banks, theaters, mall window displays and other public forums.
The program also includes a point of purchase display for every retail outlet which does not accept used
oil from the public. The display will hold a business card size referral list of local used oil collection
centers. The Region Intern and Urban Corps will work together to implement this component.
Additionally, the campaign will include transportation billboard displays. The Imperial Beach and Chula
Vista franchised hauler has agreed to periodically place billboards on their vehicles (approximately 20).
The billboards will also be placed on other public and private vehicles whenever feasible.
The Urban Corps and Region Intern will target auto shop class participants and instructors at local high
schools and community colleges in the Region to receive instruction and information regarding used oil
recycling and the environmental hazards of improper disposal.
Whenever possible existing CIWMB materials will be used. When creating new materials the region
will generate generic sizes and styles which can be adapted for use by other California jurisdictions.
The CIWMB and its contribution will be prominently recognized in all materials produced.
6
7,/1,
Public Education, Information and Promotion Program Part I continued . . .
This program component emphasizes a cooperative effort between the Cities of Chula Vista, Imperial
Beach and National City and the Urban Corps of San Diego. The combined resources of these agencies
will generate a model program through which the Region and CIWMB will take great pride.
7
7-17
LOCAL GOVERNMENT USED On.
OPPORTUNITY GRANTS
Public Education, Information and Promotion Program Part n
Program Description: The Chula Vista Nature Center is a state of the art facility located on hundreds
of acres of wildlife refuge and wetlands on San Diego Bay. Local schools, families, and visitors from
throughout San Diego County travel to Chula Vista to see and participate in the Chula Vista Nature
Center facilities and activities. All third grade classes of the Chula Vista Elementary School District
attend annual "inter-active" science classes at the Nature Center.
This component of the grants supports staff and materials that will allow the Nature Center to integrate
used oil recycling education into their teacher training, third grade education program, and guided and
non-guided Nature Center/wetlands tours. The Nature Center Component will:
o provide more than 30,000 students with a comprehensive understanding of the negative
environmental effects of improper disposal of used oil,
o instill a desire among the student participants to preserve the environment by encouraging
their fellow students, families and neighbors to recycle used oil,
o allow the Center to schedule teacher training and third grade nature classes for the
Region's other elementary school districts (Imperial Beachl and National City),
o create awareness among the Center's 80,000 annual visitors for the connection between
the improper disposal of used oil and its negative effects on the environment,
o provide Center visitors with referral information for proper disposal of used oil, and
o make learning about used oil recycling fun and interesting!
The Nature Center's third grade education program will have a positive impact on additional school used
oil recycling activities. The Urban Corps and Region Intern will implement school based activities (Le.
poster contests and assemblies) designed to reach the entire elementary school student body in the region
during the grant period. Students who have participated in the Nature Center program will stimulate
participation among the students and promote an atmosphere of children learning from other .children
at the school based events. Students willleam about the impacts of improper oil disposal, how to take
advantage of local used oil recycling opportunities and the importance of buying recycled. All materials
generated for Nature Center activities will recognize the significant contribution made by the CIWMB.
This program component emphasizes a cooperative effort between the Chula Vista Nature Center, the
Tijuana River National Estuarine Reserve, local school districts, and the cities of Chula Vista, Imperial
Beach and National City. This innovative componentplaces children in the middle of a wetlands habitat
that IS symbolic of the environment we are trying so hard to protect. The "inter-active" science classes
will connect the vivid image of the fragile nature and beauty of the wetlands with the choice between
recycling and improper disposal of used oil. The Nature Center used oil recycling component will
establish an environmental legacy through which the State and region can take great pride.
I Imperial Beach Students may attend a comparable program to be established at the Tijuana River
National Estuarine Reserve.
8 7-1 Y
LOCAL GOVERNMENT USED On.
OPPORTUNITY GRANTS
OPERATION PLAN
The recycling/diversion of used oil will be achieved through a comprehensive system that refers oil
generators to conveniently located and "state certified" drop-off centers. The availability of state
certified centers will be promoted through an extensive public education and information program.
The Region will target businesses for certification which already meet local and state requirements for
used oil storage. The Urban Corps' on-site interviews of potential centers will include a visual
inspection of storage facilities arid review of pertnits for proper used oil storage.
Qualified businesses will be encouraged to establish a schedule of days and hours for accepting used
oil (potentially their full hours of operation). Posting the days and hours of operation on the store front
sign provided will be a requirement of participation in the Region's assistance program. Businesses will
not be encouraged to apply for certification if they cannot meet the state minimum requirements for
hours of used oil collection.
Certified centers will be encouraged to contact the local used oil referral number(s) when they have
temporarily reached their storage capacity maximum or if they wish to drop from the program.
9
?J'
LOCAL GOVERNMENT USED OIL
OPPORTUNITY GRANTS
FUNDING SOURCES
Loca1 Agency Funds: As the lead agency, the City of Chula Vista is funding the time required for the
Program Manager function. The City will also fund the space, and other incidental overhead associated
with the function of the Project Manager.
Other Funding:
Cooperative efforts: This program is a cooperative effort that combines the full faith and
support of the Cities of Chula Vista, Imperial Beach and National City with the San Diego
Urban Corps and the Chula Vista Nature Center. Each'is committed to the successful
completion of its respective components.
Contributions: The Project Manager has contacted potential major sponsors for financial and
in-kind support. The response to those inquiries has been positive. The program has a goal of
raising $10,000 to offset a portion of the cost to expand advertising and to offer additional
program incentives.
Volunteers: The Project Manager has contacted an environmental club at Southwestern
Community College in Chula Vista for volunteer support. The Project Manager has also met
with the local school district representatives. Volunteers from .the community college, high
school, middle school and elementary school environmental clubs will be encouraged to
participate in the special events and school education program components.
Commitment to continuing the used oil DrOl!:ram: The design and program description of this
used oil program should have expressed the Region's long term commitment to the proper
disposal of used motor oil. It is the intent of the Region to develop and implement a program
that will forever change the understanding and habit of residents regarding used oil disposal.
To that end, the Region has placed a significant emphasis on developing responsible disposal
habits among elementary school age children and an emphasis on providing adults with recycling
information at the point of purchase. The Local Government Used Oil OpportUnity Grant will
provide the three cities involved with the infrastructure to continue the program for several
years.
The Region plans to file a joint application for Used Oil Block Grant Funds to continue the
program. The Region has solicited ftnancial contributions and in-kind support to augment the
program. Subject to agreement and approval of the local jurisdiction and its respective recycling
contractor, the Cities of Chula Vista and Imperial Beach will also consider utilizing Block Grant
funds to expand the program to include the curbside collection of used motor oil.
10
7 ~:lO
EXHIBIT B
BUDGET REPORT
LOCAL GOVERNMENT OPPORTUNITY GRANT
Grant Applicant City of Chula Vista
Date Auri114. 1994
Proposed Program The South Bav San Diel!o Rel!ional Used Oil Recvclinl! Prol!r8lJ\
CIWMB
FUNDS
LOCAL'AS
CONTRIBUTION
PERSONNEL EXPENSES
Salaries and Wages
Fringe Benefits2 @ average ~ %
TOTAL PERSONNEL SERVICES
TOTAL OVERHEW
$107.200.00
$ 21.100.00
$128.300.00
$ 9.000.00
$ 6.800.00
S 2.000.00
S 8.800.00
S 2.000.00
TOTAL BUDGET
S ..0-
S 57.500.00
S 31.500.00
S 44.000.00
$270.300.00
S 10.800.00
CONTRACTS'
TOTAL EQUIPMENT
TOT AL MATERIALS & SUPPLIES'
TOTAL OTHER COSTS'
All expenses listed above must be itemized OD a separate sheet of paper
I Matching funds DOt required
2 Resolution aetting fringe benefit rate must be available for audit pwpoaes for 1brcc years following final grant paymenl.
, Overbead DOt to exceed S" of total funds rcqucstcd.
. 1Dcludc copies of CSlimates or bids witb Jranl application.
. Estimates of tbe contribution for Project Manaser and office space.
11
7.)./
SUPPLEMENTAL BUDGET REPORT
LOCAL GOVERNMENT OPPORTUNITY GRANT
GENERAL COMPONENT
City of Chula Vista, South Bay San Diego Regional Oil Recycling Program
PERSONNEL EXPENSES
Regional Intern 2 @ 999 @ $9.43 plhr
Fringe Benefits2 @ U- %
Program Manager
Fringe Benefits2 @ ~ %
TOTAL PERSONNEL SERVICES
TOTAL OVERHEAD3
Accounting & Bookkeeping
Copying
Mileage Reimbursement
Space Rental
Telephone (non-referral line costs)
CONTRACTS4
EQUIPMENT
Used Oil Recycling Containers - 15,000 @ $.50
Certified Center Counter Displays - 50 @ $40
Point of Purchase Displays - 266 @ $15
Portable Information Displays - 2 @ $1,500
Center Signs (Operational hours) - 50 @ $40
Sharp Vision Projector (I)
Vehicle Billboard Sign Kits - 28 @ $350
TOTAL EQUIPMENT
MA TERlALS & SUPPLIES4
Certified Center Rosters
Recycling Incentives - 40 @ $50
Billboard Signage
Display Signage, Photos and Slides
Program Brochures & Other Printing
Point of Purchasing Printing
Postage
Newspaper Advertisements/Graphics
TOTAL MA TERlALS & SUPPLIES
OTHER COSTS4 I Used Oil Referral Phone Lines
TOTAL GENERAL COMPONENT BUDGET
CIWMB
FUNDS
S 17.000.00
S 900.00
S -0-
S -0-
S 17.900.00
S 9.000.00
S -0-
S 7.500.00
S 2.000.00
S 4.000.00
S 3.000.00
S 2.000.00
S 4.000.00
S 10.000.00
S 32.500.00
S 500.00
S 2.000.00
S 4.000.00
S 2.500.00
S 2.000.00
$ 1.000.00.
$ 1.000.00
$ 7.000.00
S 20.000.00
S 1.500.00
S 80.900.00
12 ?~,)~
EXHIBIT B-1
LOCAL1&S
CONTRIBUTION
S -O-
S -O-
S 6.800.00
S 2.000.00
S 8.800.00
S 2.000.00
S 10.800.00
SUPPLEMENTAL BUDGET REPORT
WCAL GOVERNMENT OPPORTUNITY GRANT
URBAN CORPS COMPONENT
City of Chula Vista, South Bay San Diego Regional Oil Recycling Program
CIWMB
FUNDS
PERSONNEL EXPENSES
Recycling Manager $35,000 @ 33%
Corps Supervisor $20,400 @ 100%
Education Coord. $20,400 @ 5%
Vehicle Mechanic $10,000 @ 20%
Sub Total Salaries and Wages
Sub Fringe Benefits2 @22.75 %
Corps Members (4) 6656 hrs @ $5.00 p/hr.
Administrative Asst. 1 @ 1664 @ $6.00 p/hr.
Sub Total Salaries and Wages
Sub Fringe Benefits @ 22.43%
TOTAL PERSONNEL EXPENSES
TOTAL FRINGE BENEFITS
TOTAL PERSONNEL SERVICES
TOTAL OVERHEAD3
CONTRACTS'
EQUIPMENT
Used Vehicles (2)
Computer (with software)
TOTAL EQUIPMENT
MATERIALS & SUPPLIES'
Uniforms
Vehicle Maintenance
TOTAL MATERIALS & SUPPLIES
OTHER coSTS'
Vehicle Insurance
Vehicle Fuels
Vehicle Registration
Used Oil Referral Telephone Line
TOTAL OTHER COSTS
CONSERVATION CORPS COMPONENT
$ 11.500.00
$ 20.400.00
S 1.500.00
$ 2.000.00
$ 35.400.00
$ 8.800.00
$ 33.300.00
$ 10.000.00
$ 43.300.00
$ 9.700.00
$ 78.700.00
$ 18.500.00
$ 97.200.00
-0-
-0-
$ 20.000.00
$ 5.000.00
$ 25.000.00
$ 3.000.00
5.000.00
$ 8.000.00
$ 3.000.00
$ 5.000.00
S tJ)()O.OO
$ 1.500.00
$ 10.500.00
$140.700.00
13
7- .l:J
EXHIBIT B-2
LOCAL1A.5
CONTRIBUTION
$ -0-
SUPPLEMENTAL BUDGET REPORT
LOCAL GOVERNMENT OPPORTUNITY GRANT
NATURE CENTER COMPONENT
City of Chula Vista, South Bay San Diego Regional Oil Recycling Program
CIWMB
FUNDS
PERSONNEL EXPENSES
Nature Center Inst./Volt. Coord. 218 hr @ $18 plhr $
Fringe Benefits2 @ ~% $
Temporary Expert Professional 416 Hours @ $18 p/hr $
Fringe Benefits2 @ 5.2% $
TOTAL PERSONNEL SERVICES
TOTAL OVERHEW
CONTRACTS4
EQUIPMENT
MATERIALS & SUPPLIES4
Classroom & Tour Supplies & Materials
OTHER COSTS4
Approximately 3,000 Imperial Beach and
National City Students:
Bus Transportation Costs
Admission and Shuttle Costs @ $1.15 per student
86 Teacher Orientation Fees @ $25 per Teacher
Tijuana River National Estuarine Reserve Program
Permanent/Portable Interactive Display
TOTAL OTHER COSTS
TOTAL NATURE CENTER COMPONENT
14
7-,). 'I
4.000.00
1.300.00
7.500.00
400.00
S 13.200.00
S -0-
$ .0-
S .0-
S 3.500.00
$ 5.000.00
$ 3.500.00
$ 2.000.00
$ 2.500.00
$ 19.000.00
S 32.000.00
$ 48.700.00
EXHIBIT B-3
WCAL1&5
CONTRIBUTION
$ -0-
EXHffiIT C-l
/',
~OLUTIoNAmrnoronNG~~GO~T
USED OIL OPPORTUNITY GRANT APPU~()~:."'~{"
WHEREAS, the people of the State of California have enacted the ~a)u-~~a',Oil Recycling
Enhancement Act that provides funds to cities and counties for establishing and'~tiiniJJg local used
oil collection programs that encourage recycling or appropriate disposal of used Oil~~~-v..;~:,
WHEREAS, the California Integrated Waste Management Board bas been delegated the re~~~ity
for the administration of the program within the state, setting up necessary procedures~~erning
application by cities and counties under the program; and
WHEREAS, said procedures established by the California Integrated Waste Management Board require
the applicant to certify by Resolution the approval of application before submission of said application
to the state; and
WHEREAS, the applicant will enter into an agreement with the State of California for development of
the project;
NOW, THEREFORE, BE IT ~OL VED that the Gitv of Chula Vista authorizes the submittal of an
application to the California Integrated Waste Management Board for a "RegiorUJl. " Local Government
Used Oil Opportunity Grant on behalf of the Cities of Chula Vista. Imperial Beach and NatiorUJl City.
The City Manal!er of the City of Chula Vista is hereby authorized and empowered to execute in the
name of the City of Chula Vista all necessary applications, contracts, agreements and amendments
hereto for the purposes of securing grant funds and to implement and carry out the purposes specified
in the grant application,
The foregoing resolution was passed by the ~itv of Chula Vista this
Effective , 1994.
day of
,1994"
ArrEST:
Signed:
Date:
IN_udTillcofOllicllll-IOSi&1l)
Underline = blank form spaces
italics = additions recommended by M, Meacham
15
7--2>
EXHmIT C-2
RESOLUTION AUTHORIZING LOCAL GOVERNMENT
USED OIL OPPORTUNITY GRANT APPU~~~'(;'t
WHEREAS, the people of the State of California have enacted the ~liio~Oil Recycling
Enhancement Act that provides funds to cities and counties for establishing and ~il9cal used
oil collection programs that encourage recycling or appropriate disposal of used oil; liIi~:~ ......Zf~
WHEREAS, the California Integrated Waste Management Board has been delegated the res~{bility
for the administration of the program within the state, setting up necessary procedures governing
application by cities and counties under the program; and
WHEREAS, said procedures established by the California Integrated Waste Management Board require
the applicant to certify by Resolution the approval of application before submission of said application
to the state; and
WHEREAS, the applicant will enter into an agreement with the State of California for development of
the project;
NOW, THEREFORE, BE IT RESOLVED that the City of Imoerial Beach authorizes the submittal of
an application to the California Integrated Waste Management Board for a "RegioMI," Local
Government Used Oil Opportunity Grant on behalf of the Cities of Chula Vista, Imperial Beach and
NatioMI City. The City Manal!er of the City of Chula Vista is hereby authorized and empowered to
execute in the name of the City of Imoerial Beach all necessary applications, contracts, agreements and
amendments hereto for the purposes of securing grant funds and to implement and carry out the
purposes specified in the grant application.
The foregoing resolution was passed by the City of Imoerial Beach this
Effective , 1994.
day of
,1994,.
ATIEST:
Signed:
Date:
(N..... IIllI Tide of orr",1oI AuIhorIzed to Siln)
Underline = blank form spaces
italics = additions recommended by M. Meacham
16
? '.1/'
EXHIBIT C-3
RESOLUTION AUTHORIZING LOCAL GOVERNMENT
USED OIL OPPORTUNITY GRANT APP~~~~N',~'i
, _.~- ".: ,..
WHEREAS, the people of the State of California have enacted tht Qalif()~ pil Recycling
.... \
Enhancement Act that provides funds to cities and counties for establishing aDlhnaintainirigJ,ocal used
oil collection programs that encourage recycling or appropriate disposal of used o~ 40([.... l;;~::';
WHEREAS, the California Integrated Waste Management Board has been delegated the re~nsibi\ity
for the administration of the program within the state, setting up necessary procedures governing
application by cities and counties under the program; and
WHEREAS, said procedures established by the California Integrated Waste Management Board require
the applicant to certify by Resolution the approval of application before submission of said application
to the state; and .
WHEREAS, the applicant will enter into an agreement with the State of California for development of
the project;
NOW, THEREFORE, BE IT RESOLVED that the City of National City authorizes the submittal of an
application to the California Integrated Waste Management Board for a "Regional. " Local Government
Used Oil Opportunity Grant on behalf of the Cities of Chula Vista. Imperial Beach and National City.
The City Manal!er of the City of Chula Vista is hereby authorized and empowered to execute in the
name of the City of National City all necessary applications, contracts, agreements and amendments
hereto for the purposes of securing grant funds and to implement and carry out the purposes specified
in the grant application.
The foregoing resolution was passed by the City of National City this
Effective , 1994.
day of
,1994,.
ATTEST:
Signed:
Date:
(NamoI1lld Tille of orr",ioI ~ 10 S;,n)
Underline = blank form spaces
italics = additions recommended by M. Meacham
17
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April 12, 1994
Chris Allen
Darteae falCOllOl'
Califomla Integrated Waste MIIIapIDeIIt Board
MIrbts, R.eulJd111111 Tec:Imoloay DiviIion
UIed Oil Grant Prvarlll1
1100 Cat Center Drive
Sac:nmeato. CA 95826
Dear Mr. AI1ca IIId Ms. lalcoaer:
The JllIl'POM of this Iettcr II to Rate our IlIpport of the City of Cbula VlIt&'s IPplication
for . Local ~"UII.eat UIed Oil 0pp0rtuIIity Grant for IlIpport of . regiOlll1 program
-with the Cities ofCbula V1Ita, National City.1IId Imperial BeIdL
The Urban Corps of SuI J>ieso. uco. is . non-proSt job tniolng organization that
employs and educates yOUl\& men IIId women, betwwn the ... of 18 . 23. Tbese young
individuals are trained in public sezvic:e COIIIerVlltion wort IIId . variety of other akil1s.
They receive on-th~job IIId academic tniDiD8 to prep... them for the private job market.
UCO present . wide variety of job opportuDities for our YOWll individuals. But the
tI'VJoip aetivity is . large IIId srowiDs recycling program which bas pW:ecl dozens or
JOUIII individuals in filii-time jobs. Every COUIJlOneI1t of this c:reative aDd Ullique propwn
is designed for employment in SuI DieIO" rapid1y .xpIIldins bospitality field, the
WIIlertront iDcluatry, waste blnlifl8.111d Ql1turaIIllllSeUUII.
VCO's pIl1iclpation ill the loc:a1 uaecI oD opportuDity pnt will expose our young
. iDdividuals to situations they have never been in before. lor example, UCO
corpsmembers would be viIitiD& contac:tinJ, uslstin& aDd worIciDs with prospective used
oil collection oenten; provide an overview of the UIed Oil Collection Program; provide
centers with Itv..di v4t lips, rosten, COUDter disp1ays, used oil reqcliDa contIiners aDd
the oo-aite traiDiDg DeC,..,ry to iDsure . llIec:essfW prosnm; and ..mee the rosten,
couater diIp1ays aDd repleaish, dean and/or dispose of the UHd 011 recycling containers u
ne<:eJIIIY.
We are _ted about the opportunity to ~ the South Bay Region. in this joint venture.
EapeciaIJ.y the privileae to educ:ate the public about the importaDc:e of recyc1iDg 1aed
motor oil and haw and where to recycle the oil ufe1y.
POImW.""
_COPI..... 5'-1.,
........ lINK.".}.
...o:~~ Q
--_...~. .
-~=, ' .~~
_L_......::::.- SalnDuran
..... - l!llec:utive Director
--
....-....
o -.....
-
We Build Herd corps Worl<elS"
_ CCIlI'SOI' $AN tllEQO. lw.. NA1IONAl. ,,_ tAN~. CAU'ORN~ 9211S (6'9) 23s.l1'S' (6'9) 232.'"''''''
7'3/ (21)
n
CHULA VISTA
NATURE
CENTER
"'c
-
-
-
DR. BTBPHENNEUDBCKER
ExEctmVE DIRECTOR
BAYFRONT
CoNSERVANCY
TRUST
1000
Gunpowder
Point
Drive
Chula Vilta,
California
91910-1201
(619) 422-8100
FAX
(619) 422-2964
April 7, 1994
Chris Allen
Darlene Falconer
California Integrated Waste Management Board
Markets, Research and Technology Division
Used Oil Grant Program'
8800 Cal Center Drive
Sacramento, CA 95826
Dear Chris Allen and Darlene Falconer:
The purpose of this Ietter is to state our unequivocal support of the City of 0\u1a
Vista's application for a Local Government Used Oil Opportunity Grant for support of a
regional program with O\ula Vista, National City and Imperial Beach.
The O\ula Vista Nature Center is an Interactive, living wetlands museum dedicated to
enhancing and restoring the Sweetwater Marsh National Wildlife Refuge and to
educate children and the general public about the Importance of wetlands and their
watersheds to humans and wildlife. All of our educational and public programs
emphasize the Importance of pre- and re-cycling of all consumable materials.
We are excited about the opportunity to Increase student's and the public's awareness of
negative effects Oil the environment caused by improper disposal of 011 and the
Importance of recycling used motor 011 and how and where to recycle the 011. We have
curricula that Incorporates recycling. We present teacher's workshops about 10 times a
year and would like to Include used 011 recycling as part of the curriculum packets.
Approximately 30.000 students visit the Nature Center each year from O\ula Vista
Elementary School District and other districts. Another SO,OOO visitors are served by
the Center annually. Therefore there is ample opportunity to Impart proper 011
disposal Information to thousands of people.
Sincerely
\~~
Dr. Stephen Neudecker
7' .J~
(22)
~
Tiiuana River National Estuarine Research Reserve
California Department of Parks and Recreation
301 Caspian Way-Imperial Beach-CA-91932
(619) 575-3613-Fax (619) 575-6913
April 14, 1994
Chris Allen
Darlene Falconer
Calilomia Integrated Waste Management Board
Markets, Research and Technology Division
Used Oil Grant Program
8800 Cal Center Drive
Sacramento, CA 95826
Dear Chris Allen and Darlene Falconer:
We are very pleased for the opportuni~ to support the City of Chula Vista's application for a
Local Government Used Oil Opportunity Grant supporting regional education programs with
Chula Vista, National City and Imperial Beach.
As a National Estuarine Research Reserve we operate under a national directive to educate the
public about the destructive results of non-point source pollution. At our Reserve, used motor oil
is a continuing deadly problem because there are six storm drains, serving commercial and
residential areas, emptying into the estuary. We have developed a cooperative program among
the Public Works Department of the City of Imperial Beach, South Bay Union School District
and the Reserve which uses students as storm drain detectives. An element of the program asks
students to involve their parents in analyzing their neighborhood disposal practices. We
expect this program to result in a change of student and adult behavior which will benefit not
only the estuary but also South San Diego Bay and the ocean. This program will be piloted
with extended-year students in the fall and we anticipate within a short time it will involve
most of the 5th grade classes in the district.
Because Imperial Beach has a large Hispanic population and three-quarters of the Reserve
watershed is in Mexico, all program materials will be developed concurrently in Spanish.
The City of Imperial Beach recently completed a storm drain stenci1ing project ("Don't Pollute,
(duck) I Live Downstream") cooperatively with The Surfrider Foundation. Surfers will also be
acting as role models in our Student Watch program. In this community we actively seek
partnerships not only to leverage fund but also results. Used motor oil belongs only in recycling
centers not poisoning wetlands or the swimming public. We feel we have a program to carry
that message and change citizen behavior.
~rely,
(/'fd, %n.lJ"'/
Pat Flanagan
Education Coordinator
7, J;J (23)
~V?-
~
~~;E~
ellY OF
CHULA VISTA
OFFICE OF THE CITY MANAGER
April 14, 1994
Chris Allen, Used Oil Grant Program
California Integrated Waste Management Board
Markets, Research and Technology Division
8800 Cal Center Drive
Sacramento, CA 95826
Dear Mr. Allen:
The City of Chula Vista is pleased to submit a Regional Used Oil Opportunity Grant with
National City and Imperial Beach. Chula Vista is also pleased to be the Region's applicant and
administrator for the grant.
The City of Chula Vista will submit a Resolution to City Council supporting the City's
participation in the Regional Used Oil program and designating Chula Vista as the grant
applicant and administrator prior to the May 23, 1994 deadline.
Chula Vista is confident that a regional approach will improve the efficiency of the local
collection program and maximize the potential for participation for all our residents. I look
forward to the Board's response to our region's innovative and cost effective program.
s;,,~~
~1;~ss
l./ City Manager
cc: Blair King, City Manager, City of Imperial Beach
Tom Mc Cabe, City Manager, National City
? j '-/
276 FOURTH AVENUElCHULA VISTA, CALIFORNIA 91910/(619) 691-5031
City of Imperial Beach, California
OFFICE OF mE em MANAGER
April 14, 1994
Chris Allen, Used Oil Grant Program
California Integrated Waste Management Board
Markets, Research and Technology Division
8800 Cal Center Drive
Sacramento, CA 95826
Dear Mr. AlIen:
The City of Imperial Beach is pleased to submit a Used 011 Opportunity Grant with
National City and Chula Vista. Imperial Beach also wishes to designate the City of
Chula Vista as applicant and administrator for the grant.
Imperial Beach will submit a Resolution to City Council supporting the City's
participation in the Regional Used Oil program and designating Chula Vista as the grant
applicant and administrator prior to the May 23, 1994 deadline.
Imperial Beach is confident that a regional approach will improve the efficiency of the
local collection program and maximize the potential for participation for all our
residents. I look forward to the Boards response to our region's innovative and cost
effective approach.
:;<t~
Blair King
City Manager
cc: John D. Goss, City Manager, City of Chula Vista
(25)
123 Imperial _ Bou\elllrd . ~iI1 _. CalilOmia 91932 . (619) 423.1300 . Fax (619) 429-97iO
7- ;1.5'
City of National City
Office of the City Manager
1243 National City Blvd., National City, CA 91950 (619) 336-4240
Tom G. McCabe - City Manager
April 12, 1994
Chris Allen, Used Oil Grant Program
California Integrated Waste Management Board
Markets, Research and Technology Division
8800 Cal Center Drive
Sacramento, CA 95826
Dear Mr. Allen:
The Citr of National city is pleased to submit a Used Oil
Opportun1ty Grant with Imperial Beach and Chula Vista.
National City also wishes to designate the City of Chula
Vista as applicant and administrator for the grant.
National city will submit a Resolution to City Council
supporting the City'S partici~ation in the Regional Used oil
program and designating Chula V1sta as the grant applicant and
administrator prior to the May 23, 1994 deadline.
National city is confident that a regional approach will
improve the efficiency of the local collection program and
maximize the potential for participation for all our
residents. I look forward to the Boards response to our
region's innovative and cost effective approach.
Sincerely,
cc: John D. GOBS, City Manager, City of Chula vista
(26) ?-;J J,
QUforn'l lnuwr.-.. .._. It ......
.....- ~.14 . .. ......4 _. "'''Ift
U'l1MTlIllllLUlll! 01' OIl. IIU MIl IL'"a.ou, DlPOaD llI' II QU,.1A
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.... en .. ~, _....... 1"- v.. In '-1_ I.. r.ltf_t.
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TM ,....... . v,.... efl .......,.. ..... _ .. _. of ~
eft .-.'L~. far ~tftl 1........................................... ';.011
IDfIl .'- _ ,~. a.ff...... ~ Oil ~... ".. lot .. t..4 '* ttrIII lIII ... 011
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?, .J ?<271
FJ=3R-ll-l'!:1'::14 l!Jtjirjl rrtU.1 l....ll~r~ ~II;.. '....'1 &;J&.I
04/05/94
CIWI'IB-IO
Facility Name
Contact Name
.u
..........."".."""..,.,""......u , .~.a.
CIWMB Used 011
Certified Collecti
~~ brand fax tra".m~tel memo 7671
.~
Certified
Sorted By CIWMB-ID
Page
14
Status
Date
Address and Phone Number
-----------------------------------~----------------------------------------
36-C-00149 ! Cert/Reg 12/02/93
Membership Recycling Company
Navigato, Christopher
2809 South Willow Ave.
Bloomington, CA 92516
(909)351-8438
36-C-00215 Cert/Reg 07/12/93
Filter Recycling Services, Inc.
Bennett, Jon
180 West Monte Avenue
aialto, CA 92316
(909") 4:114-1630
36-C-00292 Cert/Reg 09/30/93
chino valley Quicklube dba Jiffy Lube
Lease, Larry
13870 Peyton Drive
Chino Hills, CA 91709
(909)627-4466
36-C-00521
Jiffy Lube #361
Paek, Richard
37-C-00022 Cert/Reg 04/01/93
Otay Buy Back
W3t-.t:nn. Mark
36-C-00297
Jiffy Lube
Burney, Thomas
36-C-00420
All Tune and Lube
Rueth. William
36-C-00499"
Quick Cube
Phelps, Douqlas
36-C-00515
Smog Pros (Ronnies
Chitsaz, Mehran
Cert/Reg 10/14/93
11195 Central Ave
ontario, CA 91762
(310) 806-4948
5436 W. Holt
Montclair, CA 91763
(909)482-1872
Cert/Reg 03/11/94
Cert/Reg 03/02/94
8606 Beech Avenue
Fontana, CA 92335
(909) 355-5212
1013 W. Foothill
Upland, CA 91786
(909)981-4646
cert/Reg 03/16/94
Area)
Cert/Reg 03/16/94
4143 Riverside Drive
Chino, CA 91710
(909)627-6873
1751 Maxwell Road
Chula Viata, CA 91911
(619)"34-1.1744
1140 Tavern Road
lllpin.... f:ll 91901
(619) 445-5118
37-C-00058 Cert/Reg 04/28/93
T,,~rn Rn"d T~xaen
smith, Daniel
37-C-00197 r.ert/Reg 06/21/93
Speedy Lube & Tune
Willi&lDS. Richard
6696 Miramar Rn"d
San Diego," CA 92121
(619)452-6340
(28) '1' ;Jg'
----------------------------------------------------------------------------
CIWMB Used oil Program
Certified Collection Centers
Certified
Sorted By CIWMB-ID
04/05/94
CIWMB-ID
Facility Name
Contact Nallle
Status
Date
37-C-00198 Cert/Reg 06/21/93
Speedy Lube (, Tune
WillialllS, Ricbard
37-C-00207 Cert/Req 08/05/93
"'iffy Lube
Mehall, Robert
Cert/Reg 08/05/93
37-C-00208
Jiffy Lube
Mehall, Robert
37-C-00209 Cert/Reg 08/17/93
,Ti ffy I.ube
Mehall, Robert
3?-C-002~O CAr~/R~ 09/20/93
Tony'. Mobil
Coffin. John
37-C-00313 Cert/Reg 10/29/93
Norm Pressley Truck Center
pre..ley. Scoott
37-C-00374 Cert/Reg 12/20/93
South Bay Jiffy Lube
Carrillo. LeO
37-C-00<l.Ol
Grease Monkey
Stevenaon. Denny
Cert/Reg 01/03/~4
37-C-00472
Chiefs Auto Parts
Omith. Dimon
Cert/Reg 03/11/94
Inc. *29832
Cert/Reg 03/11/94
IDCl.. *2'0'8
37-C-00473
Chief Auto PGr~~
S1IIith, Simon
37-C-00474 Cert/Res 03/11/94
Chief Auto Parte Inc. 125675
Smith. Simon
None reported for Imperial Beach or National City
(29) '.:1'
Page
15
Address and Phone Number
221 No. 81 Camino Real
Bncinitas. CA 92024
(619) 632-1155
539 N. 2nd Street
EI Cajon, CA 92020
(619) 441-0110
5540 Lake Murray Blvd.
La Mesa, CA 91942
(619)698-9220
2651 Garnet Street
San Diego. CA 92109
(619) 273-7757
801 S. Santa Fe
vista, CA 92083
(619)726-4990
8464 M1ramar ad
San Diego, CA 92126
(619)566-2605
593 i Street
Chule viata. CA 91910
(Eil9)476-0202
2585 Clairl!'mout. T'n".
San Diego, CA 92117
(619) 276-2934
636 San Yaidro Blvd
San Ysidro, CA 92173
(61.) "2 -1112
C005 30th
San Diego. CA 92104
(619)281-5576
'085 Ba1oboa
San Diego, CA 92111
(619") 279-8778
~~.I.";1"7"'9 UJ"-'---'" ..~..... .__.T"'T"'~ .__.~-
MK' "KI" t"LJ\t) 11\,;t)
1500 E. 223rd Street
carson, CA 90745-4378
Phone (310) 952-8736
FAX' (310) 830-0654
~
FAX Transmittal
TO: 1r2t;'kL 112& ~-/
com~~v:-~ r 7t~Nk 7};~ ~h
FAX'
FROM:
/
DATE:
{ls-I,I
I
REMARKS:
Sf-roo ~ ;)J
cJ1&x- ~~
Z i 'j.8o)G- .
JS.OO/1
TOTFt.. P.01
(30)
7,l/tl
~ .I.... -~ ~r.,J,J ~;;;lI-'L."
III:=-
-elll
Wesfek Mierosystems
..~. . -
-
Doto Projection . Video Projection . Mullimedlo
Price Information
Prepared For:
I.
Mr. Micbael Mee<;Ju.m
276 4th Avenue
Cbula Vista, CA 91910
Aprilll. 1994
Terms: Net 30
F.O.B. Dest.
Availability: Immcdiatc
item qty. description unit price ~"~on
1. I SbupXOH-440U $3950.00 $3950.00
.300.000+PixcIs
. EIectrODk Zoom
· 100 Lux BriablDess
2. 1 W_ek Support Package No Charge No Charge
. ~ Propam: Sboul4I11liI Cail,
Weolet will provide __1IIlit wltIIin
24llotn.
. Toll-free TedmicaI Suppott
OJ}
9466 Block Mountoln Rd. Sutte230 . SonDiegO.CA92126. Tet.: 619-578-6470. Fax; 619-57Pr6471
7' '1/
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'. .:l:'};i.iJ!:~EL!c;TIIONIC$CCIL lIf1ATION 9466 Black Mountain Rd.. 230
ri~;i\},~~.. ';&-'E~:;-.ri',....~,...~.....' San Diego. CA 92126<':
~ :'. .'",,(10'1_ """ ' ' ,,' -. ....... 1_800-666-4749 ;, ,_.....
" ~,~t "~H '~....,n.... .' "
~,.~~__ :AMIMWoN.... ~ . . . '. '. " :~~..':'"
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7...iJ.. (32)
Roadway Displays, Inc.
MOBILE DISPLAY SYSTEMS
Price List of Tailaate Displav Svstem
Manufactured and Distributed by Roadway Displays. Inc.
For Full Size Trucks - Stock . FTG1860
1 3/4" x 18" x 60" outside Diameter.
.025 White Aluminum Backing. 1 Opening Tool/Frame.
Visual Area 14" x 56".
For Co.pact Trucks - Stock . CTG1550
1 3/4" x 15" x 50" Outside Diameter.
.025 White Aluminum Backing. 1 Opening Tool/Frame.
Visual Area 11" x 46".
.CTG1550 .FTG1860
Quanti ty Compact Full Size
1-99 $ 302.77 $ 328.27
100-199 $ 287.93 $ 314.78
200-499 $ 273.34 $ 298.94
500-599 $ 259.67 $ 283.89
NOTE: Each unit includes one Generic message panel. printed
on both sides (two messages per unit). There are two color.
simple line art panels using standard slogans with your name
or Logo. Any other art work will be quoted on receipt of
Camera Ready Artwork.
Installation of TAILGATE unit is $25.00 per truck without
modifications. Add $20.00 per truck if we have to raise
the bed or to lower the Dock Bumper to obtain clearance
needed for our TAILGATE unit. This installation price is
based on a minimum of 50 trucks in one location at the same
time.
Please allow 6 to 8 weeks from order date for delivery and
installation.
. Frames warranted for TWO YEARS under normal conditions.
. Panels silk screened - UV Inhibitors In Inks.
. Prices subject to change.
. Allow 6 to 8 weeks for delivery.
. FOB - San Diego. CA.
. 2' 15 Days - Net 30 Days.
. Prices In Bffect 7-1-93
(33)
P. O. Box 2268 . Ramona, California 92065 . (800) 368.2240 · FAX (619) 789-7489
7,I/J
MAR 2 4 1994
Roadway Displays, Inc.
MOBILE DISPLAY SYSTEMS
QUO TAT ION
Client: Michael T. Meachem
Conservation Coordinator
City Managers Office
276 Fourth Avenue
Chula Vista. CA 91910
Date 3-22-94
Description:
Stock # 55315955 Frame
Size 31-1/2" X 95-1/2" O.D.
Recycling message panel. screened on 2 sides
with two color simple line art.
Live copy area 27" X 91".
Quantities and Prices:
100 frames installed 248.00 ea. $ 24800.00
100 panels/200 messages 45.00 ea. $ 4500.00
Total
$ 29300.00
Delivery:
6 to 8 weeks from date of order.
f$J.alPM~
RDI Representative
!fhz/qy'
Date
Date
Accepted by
Budgetary prices are provided as an aid in developing
programs and are established before final detailed
specifications have been developed and approved.
Firm quotation prices are valid 30 days from the
above date unless otherwise notified.
(4)
P. O. Box 2268 . Ramona, California 92065 . (800) 368-2240 . FAX (619) 789-7489
7-Jlo/
.._~-'''...''
~: Cf.7t~' .
~. l~ qO<l-1~Jt. PI-1~,I,<c\.".
TO: {'d;;,.1{ ~~~
;);(f! ~~,
(jRv.l,. r;:,r~/G, Q19/0
~: ~ PlL.~~
.\W.I.lB.La JIIIY!1!"
~ ~~.CJ:)~ ~~~.OO
2-Llrzoo~ 4q~.oo
1'2.00 ~ '12,00
S~. .t:Z r22..~
-, ,"0 ~ 1~9.5'f.
~ o;.'1o,$tf
"
st41pp;/Jrr 1.32..00
~~rT;.~ ~..h~/v'''7 ~sq- U; .' ~~.5'f
r\ f ~ ~p;l.., 69'7. "" (J.(I~I:;. ~: fJ ~~ 5Q1.4f,
..JI1) THJS QUOTATION VArxD FlOtt: 10//,,,, Il' 1./ I:J4^ ~~~~ .t ..31 fJOO.oo
. 10: 5 t'" 19J.f .
.9.!I&!I1Il lm!.. ~
_ 4- '.5;j'~ &-(...
~ fiS zFt6J i:P"#l~~tP
~ f(2(t, ~~~ ~
TERMS , CONDITl
REMARKS:
lane. upon 4t1fv.rl;
;:s- .. ~ V>c:n,.,L v~
SIGHA RE'
TITLE:
DATE:
~/" RTN ?~(..tJ/l/b, 5'711r". . t,UQL ~""' ~.OIQCl
II.- . 1\.1.11_ r SonOlego.~niClt:M!.619t~ .-<.4 Falr..619,1.. !dijlR
7 U'd nHO~ H3nM~ ... lll... ,. ."
... (35)
.
=><H131~OU?
&hIbltpovp In<-
Soft Fnoncixo DMoian
4l~ __.....d
Fromonl. CaIiIomla '4538-3113
1Sl0) 440 8300
(510)440-1444 Foal..
--
Q DIal CaIp_y
&nIL 13, 1994
I'AZ ....0 'J'O: M:l.chael Meacham
~he Citl of Chula Viata
naI: Mark Ad....
J1:11hibitgroup
'J'OPIC: Oil aecycling Jl:llhibit
IIUIOIa 01' PM": 'I'wo
Dear Hichael:
I have reviewed the plane for the motor oil reclcling ellhibit we
di.cua.ed earlier:
011 ..cycl1ng Jl:abib1t:
, 1',000.00
Include. a flat backvall, production and application of two
di..n.ional and aurface graphiC applioationa, interaal light
aourc., .lava wbeela for polarmotion effect, and oomputer
controlled narration (aound).
The attached d..ign i. the moat .opbi.tioated one we baye. Me did
not get into a lot of detail with this particular d:l.lplay. Muoh
of what ve will do for TREe viii be reworked and finali.ed after
feedback from an educational/planning conmittee.
Let.. knov if there ia any other .ay I can help. falk to you
IOOD, and good luck vith your project.
Sinoer;l y '/..11'
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Mark Ad...
Project Adminiatrator
Museums . Special Projecta
($03) 7'77-1439
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COUNCIL AGENDA STATEMENT
Item
~
ITEM TITLE:
Meeting Date 5/17/94
Resolution J 7 ~8'2anting the 1994 Richard Welsh Memorial Award
to Eastlake High School located at 1120 Eastlake Parkway
Director of Planning ~
City ManagerJ~ ~~ (4/5ths Vote: Yes_No..x)
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
The Richard Welsh Memorial A ward was created in 1988 by the City Council in memory of Mr.
Richard Welsh, a long time resident of the City and former member of the Design Review
Committee. The award is intended to recognize superior building function and design, as well
as unique characteristics which best exemplify the builder's commitment to beautify the
community .
RECOMMENDATION:
That Council adopt the resolution granting the 1994 Richard Welsh Memorial Award to Eastlake
High School and authorizing the Mayor to present the award to the recipient at the annual
Beautification Awards Banquet.
BOARDS/COMMISSIONS RECOMMENDATION:
On April 6, 1994, the Beautification Awards Committee voted 4 to 1 to nominate Eastlake High
School to receive the 1994 Richard Welsh Memorial Award.
On April 25, 1994, the Design Review Committee voted unanimously to endorsed the
nomination of the Beautification Awards Committee and recommend that the City Council grant
the award to the Eastlake High School.
DISCUSSION:
Each year the Beautification Awards Committee reviews projects completed during the previous
year and grants beautification awards or honorable mentions to those projects which have
contributed significantly to the beautification of our community. The Committee also nominates
a project that in their opinion merits consideration to receive the Richard Welsh Memorial
Award. The Design Review Committee is charged with reviewing the nomination and
forwarding a recommendation to Council.
r,/
-..--/
Page 2, Item
Meeting Date 5/17/94
zI
EastIake High School is located on the west side of EastIake Parkway south of Otay Lakes Rd.
within the EastIake Greens Planned Community (see locator). The campus design, conceptually
an urban village, has been adapted superbly to the site and offers state of the art classroom
facilities and energy efficient buildings. The School was designed by Ruhnau McGavin Ruhnau
and Associates for the Sweetwater Union High School District (see Exhibits A-C).
The Beautification Awards and Design Review Committees based their decision to nominate and
recommend this project for the Richard Welsh Memorial Award upon the outstanding
architecture, the superb combination of colors and materials, the energy saving features
incorporated into the project, an excellent adaptation to a constrained site, and its contribution
to the quality of life in the EastIake Greens Planned Community.
FISCAL IMPACT: The cost of the Richard Welsh Memorial Award Plaque is estimated to be
approximately $350. The funds have been budgeted in the City Council Account (100-105-5222).
Attachments:
Locator
Draft City coun~il Re n
Design ReviejX Minutes
Exhibits ~O~
(f:\home\planning\luis\cfrwmw.113)
?...,2,
RESOLUTION NO.
/7'11'7
A RESOLUTION OF THE CITY OF CHULA VISTA CITY
COUNCIL GRANTING THE 1994 RICHARD WELSH
MEMORIAL AWARD TO EASTLAKE HIGH SCHOOL
LOCATED AT 1120 EASTLAKE PARKWAY.
WHEREAS, on September 20, 1988, the City Council created the Richard Welsh
Memorial Award to recognize those projects that have, among other things, superior building
functions and design, as well, as unique characteristics that best exemplify the builder's
commitment to beautify our community, and
WHEREAS, the Beautification Awards Committee held its annual meeting on March 3,
1994 and, based on outstanding architecture, superb combination of colors and materials, energy
saving features, and overa11 landmark quality of the project, voted unanimously to nominate the
Eastlake High School located at 1120 Elistlake Parkway within the Easlake Greens Planned
Community to receive the 1994 Richard Welsh Memorial Award, and
WHEREAS, the Design Review Committee at their April 6, 1994 meeting considered
the nomination and voted unanimously to recommend that the City Council grant the 1994
Richard Welsh Memorial Award to Sweetwater Union High School District for Eastlake High
School, and
WHEREAS, the City Council at their meeting of May 17, 1994 reviewed the nomination
project and concurred with the recommendation of the Beautification Awards Committee and the
Design Review Committee.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL, in
recognition of the design by Ruhnau McGavin Ruhnau and Associates and sponsorship by the
Sweetwater Union High School District, hereby grants the 1994 Richard Welsh Memorial Award
to Eastlake High School located at 1120 Eastlake Parkway within the Eastlake Greens Planned
Community and authorizes the Mayor to present the award to the recipient at the annual
Beautification Awards Banquet to be held at the San Diego Country Club May 31, 1994.
~*
Presented by
Robert A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
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CBULA VISTA PLANNING DEPARTMENT
(!) APPLICANT: Sweetwater Union High PROJECT DESCRIPTION:
School District EASTLAKE mGH SCHOOL
ADDRESS: 1130 FIfth AvmllC Located at 1110 Eutlake Parkway in
SCALE: FILE NUMIER: the Eastlake Greens eommunity is Dominated
NORTH 1" = 400' PCM-94-15 for The Riehard Welsh Memorial Award.
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DESIGN REVIEW COMMITTEE
-2-
APRIL 25. 1994
EXCERPT FROM DRC MINUTES OF APRIL 25. 1994 MEETING
2.
PCM-94-25
1994 Beautification Awards
Richard Welsh Memorial Award Nomination
Associate Planner Hernandez presented committee members with a list of the projects
which had been chosen for awards in the annual beautification awards program, and
showed slides of Eastlake High School which had been discussed as a nominee for the
Richard Welsh Memorial award. Members discussed the project, noting that the public
uses included in the design, such as the library and park areas, were not only
aesthetically pleasing but also constituted a significant contribution to the community.
Committee members further discussed the nomination process in general.
MSUC (GilmanlSpethman) (5-0) to nominate Eastlake High School for the Richard
Welsh Memorial award for its commitment to the community.
MSUC (Gilman/Rodriguez) (5-0) to recommend that the Richard Welsh award
nomination be done by the Design Review Committee in the future.
fJ"1 I
COUNCIL AGENDA STATEMENT
Item 9
Meeting Date 5/17/94
SUBMITTED BY:
Resolution I?~ Initiating proceedings and declaring the
City's intent to establish Zone 8 in Open Space District 20, for Rancho
del Rey Development in order to maintain a desilting basin and to set
July 19 and 26, 1994 at 6:00 p.m. as the dates and times for the public
hearings ..IA )
Director of Public wo~ 'rrv
City Manager ~ ~~
(4/5ths Vote: Yes_NoX)
ITEM TITLE:
REVIEWED BY:
A desilting basin was built by McMillin Development in City open space off-site of Rancho
del Rey land to trap silt which washed down from the upstream development. Mter
maintenance by McMillin for 5 years, the City will have to maintain the basin. Formation
of Zone 8 within Open Space District 20 will provide financing for this maintenance.
RECOMMENDATION: That Council adopt the resolution approving the report, direct the
City Clerk to publish the Resolution of Intention pursuant to Government Code 6063 and
set the dates of the public hearings for July 19 and 26, 1994 at 6:00 p.m..
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Backg:round
Pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and
Highways Code, and the City of Chula Vista Municipal Code, the City Engineer has
prepared and filed this report. The report includes a new zone for assessing properties,
within Rancho del Rey development, tributary to a newly constructed desilting basin located
at the downstream end of the Bonita drainage basin to pay for its maintenance and
maintenance of an access road for hauling silt cleaned from the basin. Establishing a zone
for maintenance of the basin is consistent with Council Policy which states that naturalized
channel costs may be recovered through an open space district.
The heavy rains of the winter of 1992-1993 carried silt from the newly graded Rancho del
Rey, Spa II subdivision and deposited silt into the downstream pipes at Bonita Road and
the Willow Street bridge area. The builder and owner of the properties, Rancho del Rey
Investors, agreed to construct an access road as well as a desilting basin to forestall future
problems. Pursuant to our policy, McMillin Development Company is responsible for
maintaining the basin for 5 years following completion of the grading. Staff anticipates that
the basin will be turned over for maintenance in July 1999. Subsequent to that date the
City will maintain the basin using the funds collected through the Open Space District 20,
Zone 8.
9-/
Page 2, ItemL
Meeting Date 5/17/94
Boundarv
Staff proposes that a zone within Open Space District 20 be established to assess the properties
tributary to this desilting basin (See Figure 1).
Maintenance and Costs
The anticipated maintenance items are debris and silt removal from the desilting basin and
maintenance of the access road. This maintenance will be necessary to ensure that there will
not be excessive build-up of silt which would subsequently reduce the needed capacity of the
basin and thus could cause siltation downstream. The design engineer, Group Delta
Consultants, estimated that the basin can accumulate 428 cubic yards of sediment before
cleaning is required (See Attachment B). The design engineer has estimated that the annual
sediment yield into the basin after the five year maintenance period will be 200 cubic yards.
This will allow for a two year cleaning interval. The estimated cost of this maintenance is
identified in Table 1.
The maintenance road will provide access from the south and is to be constructed of a 6 inch
section of decomposed granite. The road will need to be regraded twice a year and replaced
every 8 years.
TABLE 1
ESTIMATE OF ANNUAL MAINTENANCE COSTS FOR OS0-20, ZONE 8
Regrade access road (twice a year)
Replace access road (once every 8 years)
Debris and silt removal (once every 2 years)
Subtotal
$500
$11,000
$2,500
$14,000
$1,000
$1,375
$1,250
$3,625
$3,625
Methodolo~y
The methodology for spreading Zone 8's cost is based on the amount of storm water runoff
anticipated for the various land uses on an acreage basis. Only those parcels which are tributary
to the desilting basin are proposed to be charged. Table 2 summarizes the factors used to
determine the spread which is consistent with the methodology used for Zone I, East H Street
desilting basin within this district. The calculation is based on one (1) dwelling unit per acre
(DUlAC) at $35.18 per year. Other yearly rates are multiples of the spread factor times the
$35.18 per year assessment (see Table 2). A typical assessment is. $35.18. There are ~46
parcels in the zone with spread factors ranging from .33 to 1 dependmg on the parcel denSity.
'1~~
Page 3, ItemL
Meeting Date 5/17/94
TABLE 2
Single family detached
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0-2
2-4
4-6
8-10
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0.6
0.6
0.6
Single family attached 10-12 0.7
12-20 0.7
Multiple family attached 20+ 0.8
Employment park 0.9
Commercial 0.8
Church 0.7
1.00 $35.18
0.33 11.62
0.20 N/A
0.14 N/A
0.10 N/A
0.D7
0.05 N/A
1.50/ac N/A
1.33/ac N/A
1.17/ac N/A
The above assessments are based on the projected total annual assessment of $3,625.
Assessment
The proposed assessment for Zone 8, Fiscal Year 1994-1995 is $O/EDU as the developer must
maintain the basin for the first five years. The next three years will also have a zero
assessment. The assessment for year prior to turnover to the City for maintenance (FY98-99)
will be $3,625 in order to accululate a reserve.
Action
Approval of the resolution will accomplish the following:
1. Approve the boundary for Zone 8, OSD 20 for the maintenance of the desilting
basin located northwest of the Rancho del Rey property and within the Bonita
drainage basin.
2. Approve the Engineer's report.
3. Set the public hearings.
9-3
Page 4, Item ,
Meeting Date 5/17/94
Notice
The public hearings will be noticed pursuant to Government Code 6063 which requires that
notice be published at least once a week for three weeks 10 days before the second public
hearing.
Also pursuant to Section 54954.6 of the Government Code, property owners subject to an
increased assessment shall be notified of the two hearings by mail 45 days in advance of the
second public hearing. All property within zone 8 is presently owned by Rancho del Rey
Investors or one of their guest builders. All owners within the open space district will be
notified of the proposed improvement and both public hearings. Those whose assessment will
increase due to the additional zone will also be notified of the assessment increase.
FISCAL IMPACT: The City recovers its costs from the open space assessments. Costs
associated with establishing the zone are covered by a deposit made by the developer.
JEF:OS-02l
Attachments:
Figure 1 - Zone 8 / 1>
Figure 2 - Open space district 20 ~1J
Attachment A - counci~~t.CfI.>" .
Attachment B - Engi~te of annual silt yield
WPC M:\HOME\EN<IDrnER\AGENDA\BASIN
9''1
RESOLUTION NO.
J?'1YY
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA INITIATING PROCEEDINGS
FOR FORMATION OF A ZONE WITHIN EXISTING OPEN
SPACE MAINTENANCE DISTRICT NO. 20, AND
DECLARING INTENTION TO ORDER THE REFORMATION
OPEN SPACE DISTRICT NO. 20 BY ADDING ZONE 8, AND
TO LEVY AND COLLECT ASSESSMENTS.
WHEREAS, a desilting basin located in City open space (not maintained by a district)
off-site of the area of the Rancho del Rey land downstream and northwest of the Rancho del
Rey, SPA II subdivision, between Surrey Drive and Williams Hill road, ("Gabian Drainage
Structure") was built by McMillin Development on an emergency basis following the heavy rains
of the winter of 1992-1993 , to trap silt which otherwise might wash down from the upstream
development; and,
WHEREAS, pursuant to Resolution 15869, which adopted the City's Drainage Policy for
natural channels within open space, the City will be required to maintain the Gabian Drainage
Structure 5 years after construction, or approximately 1998; and,
WHEREAS, pursuant to our open space drainage policy, it is the policy of the City that
the cost for maintaining drainage facilities should be borne by the property owners from whence
the water comes that is drained; and
WHEREAS, in order to properly distribute the costs for the maintenance of this Gabian
Drainage Structure, it may be necessary to provide a special charge to a specific portion of Open
Space District 20 that is tributary to the Gabian Drainage Structure to provide financing for this
maintenance; and,
WHEREAS, seven previous zones have been established within Open Space District 20
for other special improvement facilities of limited area benefit; and
WHEREAS, the City Engineer has defmed by a map the territory within OS 20 which
is tributary to the Gabian Desilting Structure, which map is attached hereto as Figure 1;
WHEREAS, prior to increasing any open space assessment, the City is required to
conduct, pursuant to Section 54954.6 of the Government Code, two hearings noticed to
designated parties 45 days in advance of the second public hearing; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
m:\shared\attorney\zone8a.res Page 1
May 12, 1994 Reso Initiating Proceedings and Announcing Intention to Form Zone
9.-.5
Section 1. Resolution Initiating Proceedings per 22585.
Pursuant to Section 22585 of the Streets and Highways Code ("Resolution initiating
proceedings; contents"), adopted by reference through Section 17.07 of the Municipal Code, the
City Council does hereby propose the amendment and reformation of Open Space Assessment
District No. 20 by creating a special zone therein, to be referred to as Zone 8, for the purpose
of collecting and paying for the maintenance, repair and replacement of the Gabian Drainage
Structure above referenced, together with maintenance, repair and replacement of the access road
thereto ("Improvements"), from the property owners within the territory shown on the attached
Figure 1.
Section 2. Direct Preparation of Engineer's Report.
The City Council does hereby accept the Council Agenda Statement dated May 17, 1994
and entitled: "Council Agenda Statement" submitted by the Director of Public Works as the
engineer's report required by Section 22585(d), and notes that same is on file with the City
Clerk as required by Section 22586, and approves same as the Engineer's Report, subject to
such modifications as may be made after further hearings and proceedings prior to formation of
the Zone.
Section 3. Resolution of Intention per Section 22587.
Pursuant to Section 22587 of the Government Code, adopted by reference under Section
17.07 of the Municipal Code, the City Council does hereby declare their intent to reform and
establish Zone 8, hereinabove described, as a special zone within the territory of Open Space
District No. 20 for the maintenance of the Improvements hereinabove described, to levy and
collect assessments, and, as the Council may determine as necessary at a later time, to issue
bonds or notes, all of which is and shall be more fully described, including the proposed
assessments, in the Engineer's Report.
Section 4. Notice of Required Public Hearings.
Pursuant to Section 22590 of the Streets and Highways Code, and Section 54954.6 of the
Government Code, the City Council does hereby fix as the time and place for the required public
meetings and hearings by the City Council on the question of the formation of the Zone and the
levy of the proposed assessment as 6:00 p.m., or as soon thereafter as the business of the
Council permits, on July 19, 1994 and July 26, 1994, and directs the City Clerk to give notice
to the public hearing in accordance with sections 22551 of the Streets and Highways Code.
Section 5. This resolution shall take and be in full force and effect immediately upon the
passage and adoption hereof.
m: \shared\attorney\zone8a. res Page 2
May 12, 1994 Reso Initiating Proceedings and Announcing Intention to Form Zone
<'/,,,
Section 6. The City Clerk shall certify to the passage and adoption of this Resolution;
shall enter the same in the book of original Resolutions of said City; and shall make a minute
of the passage and adoption hereof in the minutes of the meeting at which the same is passed
and adopted.
Bruce M. Boogaard
City Attorney
Presented by:
John Lippitt
Public Works Director
m:\shared\attorney\zone8a.res Page 3
May 12, 1994 Reso Initiating Proceedings and Announcing Intention to Form Zone
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RANCHO DEL REY OPEN SPACE
MAINTENANCE DISTRICT NO. 20
9*'/t?
ADOPTED BY: Resolution No. 4786
COUNCll.. POUCY
CITY OF CHULA VISTA
POUCY EFFECfIVE
NUMBER DATE
522-01 06-11-68
I DATED: 06-11-68
PAGE
10F2
(
SUBJECI': DRAINAGE - STORM
BACKGROUND
The City Council has adopted Ordinance No. 1032, relating to the control of drainage areas and watercourses
and it is therefore necessary to establish a policy to implement said ordinance and cany out its purpose and
intent.
PURPOSE
Establishing a council policy related to the responsibility and financing of drainage facilities and the criteria
for the design and construction of stonn drainage facilities.
POUCY'
The Council establishes, basically, the following drainage policy:
1.
Desim Criteria
(
In general, all major drainage channels shall be designed to discharge a 50 year ultimate stonn, without
static head; lateral channels shall be designed to discharge a 10 year stonn without static head at
entrances and a 50 year ultimate stonn utilizing available head without causing substantial damage to
surrounding property; and local channels shall be designed to discharge a 10 year stonn utilizing
available head without causing substantial property damage, except that where a sump condition exists
and excess runoff has no alternate route, special design shall be required for the protection of
property.
2.
General Responsibility for Construction of brainalle Facilities:
Construction Responsibilitv: Generallv. As stated herein, the basic responsibility for the maintenance
and improvement of drainage facilities is that of the property owner through whose property the natural
drainage channel runs and who rectuires the improvement of said facilities for the protection of his
property interest. However, the City does have a general responsibility to insure the proper
construction, maintenance and improvement of drainage facilities to protect the public health, safety
and general welfare of the City as a whole.
a. Maior Channels. The responsibility for the cost of the design and construction of the most
economical design of major channels and structures shall rest with the City. In the event that the
property owners desire a system involving greater expe~e than that which is approved by the
Director of Public Works, they shall be required to cOlltribute the difference in the cost as estimated
by the Director of public Works.
(
In the case of new subdivisions, the basic responsibility for the cost of design and construction of
major channels and structures shall be borne by the subdivider exclusively in those cases where the
subdivision comprises a substantial portion of the drainage basin involved.
9 "/1
kn:wJ,..W'4>X\ k
COUNCll.. POUCY
CITY OF CHULA VISTA
SUBJECI': DRAINAGE. STORM POUCY EFFECITVE
NUMBER DATE PAGE
522-01 06-11-68 20F2
ADQYI'HIJ BY: Resolution No. 4786 I DATED: 06-11-68
b. Lateral Channels. The responsibility for the cost of design and construction of lateral channels and
structures may be shared equally by the City and property owners involved.
c. Local Channels. All costs involved in desilll and construction of local channels and structures,
including structures in a major or lateral channel servins a local system, shall be borne entirely by
property owners desiring the improvements, provided, however, that the City may participate in said
costs in an amount not to exceed fifty percent (50%) if the particular improvement constitutes a
project eligible for cooperative financing as outlined in Section 6 of the Policy for Financing entitled
"Cooperative Drainage Projects'.
3. Policv for FinancinlZ Various CatelZories of DrainalZe Proiects:
There are six basic categories of drainage projects classified according to the suggested method of fmancing.
These categories and the financing policy applicable to each are as follows:
a. Flood Control Proiects. The federal government usually pays for all costs except right-of-way,
relocation and reconstruction of utilities. These latter costs are paid by the City with
reimbursement by the State of California, Department of Water Resources. Priority for construction
is determined by the U.S. Army Corps of Engineers.
b. Subdivision Proiects. When a property is subdivided, the subdivider is required to accept the
surrounding drainage as it enters his property and convey it in appropriate facilities across his
property to a suitable discharge, which may necessitate the acquisition of easements and
construction of off-site drainage facilities. The cost of these projects will be paid by the subdivider.
c. Caoitallmorovement Proiects. These are drainage facilities which will benefit either the entire City
or a very large community. Projects of this nature will be financed by the City, either from the
Capital Outlay Fund or from Gas Tax funds.
d. Assessment Proiects. These are projects which benefit only a local community and which are
constructed under the 1911 Act or 1913 Act improvement proceedings. The assessment district will
pay all costs and the district will include only that property which will receive direct benefit.
e. Assessment Proiects with City Particioation. These are projects which, in addition to benefiting a
local community, also include work which is of general benefit to an extensive area. The extent of
City participation will be limited to that portion of the project of general benefit to the City as a
whole and usually will not exceed 50% of the total cost, although the exact amount for any project
will vary, depending upon the relative benefit and the responsibilities involved. City costs will be
financed from the Capital Outlay Fund or from Gas Tax funds as appropriate.
f. Coooeration DrainalZe Proiects. A cooperative drainage project is one in which the City shares the
total cost of the installation with the property owner. The percentage of participation shan be
based upon an estimate of the respective benefits derived by the City and the property owner
prepared by the Director of Public Works, and the City's participation shall be limited to 50% of the
total cost of the most economical design. ,
9-1.2.
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COUNCR. POUCY
CITY OF CHULA VISTA
c
SUBJECr: DRAINAGE - NATURAL CHANGES W1TIilN
OPEN SPACE
ADOPTED BY: Resolution No. 15869
POUCY EFFECI1VE
NUMBER DATE
522-02 09-14-90
I DATED: 09-14-90
PAGE
1 OF 1
BACKGROUND
At the meeting of September 5, 1989, Council adopted Ordinance 2331 which revised the procedures for
establishing open space districts in the City and provided for the maintenance of improvements in open space
areas. Although Council adopted subject ordinance. it clirected staff to return with provisions to require the
developen to assist in providing financing for the maintenance of natural drainage ways.
PURPOSE
Establish a Council Policy which outlines the responsibilities of the developer regarding maintenance of
natural drainage ways.
POUCY
The Council establishes the following policy for the maintenance of natural drainage ways:
(
1. When a developer requests formation of an open space district which includes a natural drainage
channel as part of an open space lot, the developer shall maintain the natural drainage facilities for a
period of five years. The five year maintenance period by the developer will start when the City Council
accepts the open space landscaping.
2. The maintenance shall be guaranteed through a bond to the City in an amount equal to the estimated
five.year cost. At the request of the developer, the City may allow the bond to be reduced annually by
10% per year and released completely after five years.
3. The district shall be formed and assessments levied during the five year period while thefu11 cost of
maintenance of the channel is being born ay the developer. This provides a reserve amount to be
utilized in case of emergency.
4. The upstream property ownen may be required as a condition of approval of future development to pay
their fair share of the maintenance costs of downstream natural drainage facilities which \u-e within,
and maintained by, other open space districts.
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April 22, 1993
City of Chula Vista
Department of Public Works
Engineering Division
276 Fourth Avenue
Chula Vista, California 91910
Attention: Ms. Donna Snider
Regarding: Rancho Del Rey Open Space District No. 20
Cost Estimate for Maintenance of Gabion Retention Basin
Dear Donna:
In response to your letter of March 23, 1993. we present the
following estimate of the cost to maintain the retention basin which
has just been constructed downstream of Rancho Del Rey SPA II. The
basin is to be maintained by funds from District No. 20 after an
initial mainteriance period by us. This estimate assumes that Rancho
Del Rey will maintain the basin for the next five years.
approximately, during which the residential subdivisions upstream
will be completed.
The design engineer, Group Delta Consultants, has estimated that 428
cubic yards of sediment can be deposited in the retention basin
before it will require cleaning. They have estimated the sediment
yield in the drainage basin, at the time when the District would begin
maintenance, to be about 200 cubic yards per year. Therefore they
estimate that the basin would need to be cleaned every other year.
In aiddition to cleaning the basin, we assume that some minor
maintenance to the access road would be required so that trucks
could haul the sediment out. The access road also is an equestrian
trail and will receive some level of maintenance because of that.
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Given the above, our estimate is as follows:
428 c.y. (use SOO c.y.) x $S.OO/c.y.-
Grade access road as required -
$20500
$2,000 W/I'r
$40500 use $S.OOO
$5,000/2 yearintl'rval~
J1!.'SOOIv.ear
We hope this estimate helps you in establishing the zone. Please call
me at 477-4170, extension 443. should you require additional
infor mation.
;;jTrU1Y ~~
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Rancho Del Rey Partnership
Thom Fuller
Vice President, McMillin Communities
9-/5
COUNCIL AGENDA STATEMENT
SUBIDU)!;D BY:
. Item ~ 10
Meeting Date~ .s/,..,{q</.
Resolution /7 'tr'l Approving an agreement with D. J. Smith
Associates for advocacy and planning services in connection with the
Transportation Development Impact Fee and appropriating 590,000 from
the Transportation Development Fee Fund
Director of Public Works r
City Manage~ ~ @ (4/Sths Vote: Yes..x..No-.J
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ITEM TITLE:
REVIEWED BY:
This item involves retaining a consultant with expertise in funding of transportation facilities.
The consultant, working with staff and the property owners, would develop a program for
funding transportation facilities from sources other than developer fees, and would then
aggressively seek such funding.
RECOMMENDATION: That Council approve the resolution approving an agreement with
D. J. Smith Associates, authorize the Mayor to execute said agreement, and appropriating funds
for the contract.
. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
When Council held the public hearing on the proposed update for the Transportation
Development Impact Fee Program in Nov~mber 1993, several of the property owners
recommended that the City retain a consultant with expertise in identifying and obtaining
supplemental sources of funding for transportation facilities.
As a result of this suggestion, staff issued a Request for Proposals (RFP) for such a consult8I!t.
The initial time period for submittal of proposals was approximately one month, ending
January 31, 1994, at which time the City received two proposals. At this time, staff became
aware of two rums that received information regarding the proposal through third parties, fairly
late in the proposal period. Since the rums seemed highly qualified and the City wanted to
get the best possible selection of potential consultants, the proposal period was extended to
FebNary 25. During this period, the two rums submitted proposals bringing the total to four
rums. The four rums, and the original dollar cost of their proposal. are as follows:
.
D. J. Smith Associates
De Leon, Cather &, Company
BSI Consultants, Inc.
Linda Morshed Associates
590,000
$75,000
521,780
5168,000
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Page 2, Item JY 10
Meeting Date~
All four proposing teams were interviewed by a committee consisting of City staff (public ~
Works Director 10hn Lippitt, City Engineer Cliff Swanson, and Senior Civil Engineer Steve
Thomas) and the property owners (Baldwin, Eastlake, McMillin, and Sunbow). The
fundamental criteria that the committee used to evaluate proposals involved evaluation of the
proposers previous experience at obtaining funds for public works projects, demonstrated
understanding of the City's transportation needs and the proposal to assist the City in dealing
with other agencies and the toll road project. The committee determined that the firms of D.
. 1. Smith Associates and Morshed and Associates were considered highly qualified and
requested clarification of the proposals. The other two firms were judged to be not qualified,
and were eliminated from further consideration. The basis of the determination was a
consensus that the proposers did not have a team with "advocacy" type experience. The
subject proposers would identify and process applications for funding from existing, well
established sources, a task that staff believes it can perform. The goal of this program is to
identify or create new sources of funding. The nature of the clarification was to allow the
proposing f111Ils to eliminate or refme aspects of the proposals that staff considered unnecessary
or to eliminate components that City staff could provide (engineering services for example).
This clarification would also hopefully eliminate the disparity in price, and allow the f111Ils to
be judged in an equitable fashion on a similar proposal. As a result of the clarification process,
Morshed reduced their proposal cost to $60,000 compensation plus $16,000 for expenses for
a total contract value of $76,000. It should be noted here that the expenses are estimates rather
than f111Il expeditures. Actual expenses should not exceed estimated expenses.
Following the clarification, the committee recommended that D. 1. Smith be awarded the """"i
contract, despite the fact that Morshed's cost proposal was lower. Considerations cited in the
selection process included:
1. Local exoerience. D. 1. Smith Associates has been actively involved in transportation
issues locally and at the State level. They have worked on the Proposition 108 ("The
Passenger Rail and Clean Air Bond Act of 1990") and Proposition 111 ("The Traffic
Congestion Relief and Spending Limitation Act of 1990") campaigns for the governor,
and have worked with SANDAG and local elected officials in developing and refming
the County's sales tax transportation program. D.1. Smith and Andy Scblaefli both have
strong working relationships with SANDAG Executive Staff and many of the area
legislators.
2.
Local Familiarity/Local Presence. A big component of the D. 1. Smith Team is their
sub consultant, Urban Systems Associates (USA). USA has been involved in
transportation planning in the San Diego region since 1979, and their principal Andy
Scblaefli has been involved for over 30 years. They have been involved in planning
for Rancho del Rey, Eastlake and Otay Ranch with the City of Chula Vuta. The
Morshed f111Il originally proposed Boyle Engineering as the local presence, however,
this component was eliminated in the "clarification process,' when it was determined
by staff and Ms. Morshed that City staff could provide most civil engineering services
for the project. .
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Page 3, Item
Meeting Date 0/94 s /1-, 10,,\
3.
Track record. Both fums demonstrated excellent track records. Agencies that have
retained either fum spoke highly of their abilities.
Taking all of the above into consideration, the consensus of the committee was that the two
teams demonstrated strong capabilities at both State and Federal levels. The committee highly
valued the local connections and experience of the DJ. Smith team and recommended that the
City retain that fum, even though they were not the low bidders. The consensus point of view
was that a fum with Mr. Smith's experience should be able to obtain such substantial sums that
the price difference between the two fmalists is dwarfed.
The scope of work for the proposed contract contains three major components towards the goal
of obtaining supplemental funding for transportation projects. One additional componenet
(Task 4) allows the consultant to assist the City in overseeing transportation developments with
other agencies and the toll road program.
Task 1. PlanlProl!ram Review
This task involves review of existing documentation programs and all related planning area
data, including traffic projections and development projections to allow consultant to fully
understand Chula Vista's transportation expectations and needs.
Task 2. Stratel!ic: Plan
This task is to develop a strategy for providing the required improvements for the Eastern
territories of Chula Vista. As a part of this effort. consultant will identify planned projects in
terms of scope, cost and schedule. This document will define a practical, phased approach to
project implementation that will be coupled with an achievable fmancing plan. The strategic
plan will be developed under two separate scenarios, one utilizing the existence of the proposed
toll road (SR-12S), and one excluding the toll road.
The strategic plan will define the network of required transportation improvements the Eas~
Territories and will include scope descriptions for all projects at a sufficient level of detail to'
reasonably assess costs. The fmal document will also include cost estimates and an
implementation schedule which will reflect construction needs, phasing requirements and
available funding (or potential available funding). This task will also involve working with
other agencies to identify potential additioDal funding for required improvements. It is
reco8"i"~d that a goal of this task is to maximize the availability and timing of any and all
sources of funding for transportation facilities
Task 3. Advoc:ac:v Effort
This task involves an ongoing effort to identify and secure alternative sources of funding for
transportation improvements for the Eastern Territories, with the focus being coordinated with
the development of the Strategic Plan, and funding opportunities identified in development of
the plan. . The level of activity associated with this task will vary in intensity from month to
month, but this work will proceed on a constant basis in parallel with the other tasks.
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Page 4, Item-'1!/:: to
Meeting Date~
Task 4. Monitorinl! ,1
This task involves ongoing involvement in transportation issues in the South Bay, including .
Toll road progress and issues, Otay Mesa and NAFTA issues as they relate to Chula Vista, and
transportation developments in the South Bay as they relate to Chula Vista. As a part of ~s
activity, consultant will attend meetings with City Staff and property owners on a monthly
basis, or as requested by the City, not to exceed twelve meetings during the duration of this
one year contract This task will also involve general assistance on issues related to project
management and process resolution.
The fee compensation proposal involves compensation at 578,000 for a one year contract.
Additional travel expenses are estimated.to be approximately 512,060 for the year, including
trips from Sacramento to Chula Vista and to Washington, D.C. Such expenses will be
reimbursed as they occur. The total cost for the contract is 590,000.
As stated above, the purpose of retaining the consultant is to obtain funding for transportation
related projects, from sources not readily available to the City. At this point, it is impossible
even speculate as to the amount of funding that the consultant may develop, but based on
discussions with staff from other agencies, all of the agencies are very pleased with the results,
and continue to retain the consultants. Staff believes, as do the property owners, that the cost
of this contract is money well invested.
FISCAL IMPACT: The contract is initially for a period of one year, with extension options.
If the first year produces satisfactory results, staffmay recommend that the contract be renewed ~.
on a yearly basis for a maximum of three years. At the hearing in November (on the TDIF
update), staff proposed that the "administration" component of the TDIF be increased by 1%
(from 4% to 5%) to provide sufficient funds for such a consultant' The additional 1%
component is proposed to remain in effect for as long as it is necessary to provide for this type
of consultant.
The CIP did not include funds for this service, however, there are sufficient funds available
in the Transportation Development Impact Fee fund. These funds should be appropriated to
account 621-6212. As the consultant is successful in completing the scope of work, additional
funding beyond that already available to the City for Transportation DIF and SR-12S projects
will be made available. This will lower the cost of both the TDIF and SR-12S DIF fees by
an unknown amount
CST:HXo431
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RESOLUTION NO.
17'1r~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH D. J.
SMITH ASSOCIATES FOR ADVOCACY AND PLANNING
SERVICES IN CONNECTION WITH THE TRANSPORTATION
DEVELOPMENT IMPACT FEE AND APPROPRIATING
$90,000 FROM THE TRANSPORTATION DEVELOPMENT
FEE FUND
WHEREAS, when council held the publ.ic hearing on the
proposed update for the Transportation Development Impact Fee
Program in November 1993, several of the property owners
recommended that the City retain a consultant with expertise in
identifying and obtaining supplemental sources of funding for
transportation facilities; and
WHEREAS, as a result of this suggestion, staff issued a
Request for Proposals (RFP) for such a consultant; and
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WHEREAS, four firms submitted proposals as follows:
D. J. Smith $90,000
Associates
De Leon, Cather &
Company
BSI consultants, Inc.
Linda Morshed
Associates
$75,000
$21,780
168,000
WHEREAS, all four proposing teams were interviewed by a
committe.e consisting of city staff (Public Works Director John
Lippitt, City Engineer Cliff Swanson, and Senior civil Engineer
Steve Thomas) and the property owners (Baldwin, Eastlake, McMillin,
and Sunbow); and
WHEREAS, the committee determined that the firms of D. J.
Smith Associates and Morshed and Associates were highly qualified
and requested clarification of the proposals; and
WHEREAS, the nature of the clarification was to allow the
proposing firms to eliminate or refine aspects of the proposals
that staff considered unnecessary or to eliminate components that
city.staff could provide (engineering services for example); and
WHEREAS, taking local experience, local familiarity/local
presence and track record into consideration, the consensus of the
Committee recommended that the contract be negotiated with D. J.
Smith Associates.
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NOW, THEREFORE, BE IT RESOLVED the city council of the
city of Chula vista does hereby approve an agreement with D. J.
Smith Associates for advocacy and planning services on connection
with the Transportation Development Impact Fee, a copy of which is ~..
on file in the office of the city Clerk as Document No.___ (to be 1
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
document for and on behalf of the city of Chula Vista.
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
BE IT FURTHER RESOLVED that the sum of $90,000
appropriated from the Transportation Development Fee
Account 621-6212.
Presented by
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PARTIES AND RECITAL PAGE(S)
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
D. J. SMITH ASSOCIATES
FOR TRANSPORTATION CONSULTING SERVICES
This agreement ("Agreement"), dated for the purposes of
reference only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit
A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3,
and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business
form is set forth on Exhibit A, paragraph S, and whose place of business and telephone numbers
are set forth on Exhibit A, paragraph. 6 ("Consultant"), and is made with reference 10 the
following facts:
Recitals
Whereas, on November 27, 1993, City held a public hearing on the matter of updating
the Transportation Development Impact Fee (TDIF) Program, and
Whereas, at said hearing, testimony was taken as 10 the need for a consultant 10 identify
funds and obtain funds 10 supplement TDIF funds, and
Whereas, the City issued a Request for Proposals for such a consultant, and
Whereas, D. J. Smith Associates submitted a proposal ptled, .Proposa1lO Provide
Transportation Consulting Services., dated January 31,1994, and
Whereas, City staff has determined the.proposallO be responsible and has negotiated an
agreement based on the proposal, and
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant 10 City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
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OBUGATORY PROVISIONS PAGES
NOW, THEREFORE. BE IT RESOLVED that the City and Consultant do hereby )
mutually agree as follows: ;
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled 'General Duties'; and,
B. Scope of Work and Schedule
In the process of performing and delivering said 'General Duties', Consultant shall also
perform all of the services described in Exhibit A. Paragraph 8. entitled' Scope of Work and
Schedule', not inconsistent with the General Duties. according to, and within the time frames
set forth in Exhibit A. Paragraph 8. and deliver to City such Deliverables as are identified in
Exhibit A, Paragraph 8, within the time frames set forth therein. time being of the essence of
this agreement. Tbe General Duties and the work and deliverables required in the Scope of
Work and Schedule shall be herein referred to as the 'DefIDed Services'. Failure to complete
the DefIDed Services by the times indicated does not. except at the option of the City, operate
to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant. from time to time reduce the
DefIDed Services to be performed by the Consultant u&der this Agreement. Upon doing so, City
and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction.
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D. Additional Services
In addition to performing the DeflDed Services herein set forth, City may require
Consultant to perform additional consulting services related to the DeflDed Services (' Additionil
Services'), and upon doing so in writing, if they are within the scope of services offered by
Consultant, Consultant shall perform same on a time and materials basis at the rates set forth
in the 'Rate Schedule' in Exhibit A, Paragraph 11 (C), unless a separate fIXed fee is otherwise
agreed upon. All compensation for Additional Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether DeflDed Services
or Additional Services, shall perform in a m~nner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions
and in similar locations.
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F. Insurance
Consultant rcprescnts that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rcndered, are protected against the risk of loss by
thc fol1owing insurance coveragcs, in thc fol1owing categories, and to the limits specified,
policies of which arc issued by Insurance Companies that have a Best's Rating of . A, Class V'
or better, or shall meet with thc approval of the City:
Statutory Workcr's Compensation Insurance and Employer's Liability Insurance coverage
in the amount set forth in thc attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business AutomobUc Insurance
coverage in thc amount set forth in Exhibit A, Paragraph 9, combined single limit applied
separately to each project away from prcmises owned Or rcnted by Consultant, which llaDles City
and Applicant as an Additional Insured, and which is primary to any policy which the City may
otherwise carry ('Primary Covcragc'), and which treats the cmployees ofthc City and Applicant
in the same manner as members of thc general public ("Cross-liability Coverage').
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9,
unlcss Errors and Omissions coverage is included in thc General Liability policy.
G. Proof of Insurance Coveragc.
(I) Certificates of Insurance.
Consultant shall dcmonstrate proof of covcragc hercin required, prior to thc
commencement of services rcquired under this Agreemcnt, by delivcry of CertiflCllteS of
Insurance dcmonstrating samc, and further indicating that thc policies may DOt be canceled
without at least thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsemcnts Required.
In ordcr to dcmonstrate the Additional Insured Coverage, Primary Coveragc and
Cross-liability Coverage required under Consultant's Commcrcial General Liability Insurance
Policy, Consultant shall dcliver a policy endorsemcnt to thc City dcmonstrating samc, whicli
shall be rcviewed and approved by thc Risk Manager.
H. Security for Perfnrmllnce.
(1) Perfor"'nt'.f! Bon,1.
In the event that Exhibit A, at Paragraph 19, indicates thc Deed for Consultant to
providc a perf(p".nce BoDd (indicated by a chcck mark in the parenthctical space bnm~iately
preceding the subparagraph entitled "Performance Bond'), then Consultant shall provide to the
City a performance bond by a surcty and in a form and amount satisfactory to thc Risk Manager
or City Attorney which amount is indicated in thc space adjacent to the term, 'Perform-"""
Bond", in said Paragraph 19, Exhibit A. '
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(2) Letter of Crwit.
'.
In the event that Exhibit A, at Paragraph 19, indicates the neW for Consultant to
provide a Letter of Crwit (indicated by a check mark in the parenthetical space immwiately
precWing the subparagraph entitlw "Letter of Crwit"), then Consultant shall provide to the City "'" '
an irrevocable letter of crwit callable by the City at their unfetterw discretion by submitting to '
the bank a letter, signw by the City Manager, stating that the Consultant is in breach of the
terms of this Agreement. The letter of crwit shall be issuw by a bank, and be in a form and
amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space
adjacent to the term, "Letter of Crwit", in said Paragraph 19, ~bit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide security other than a Performance 'Bond or a Letter of Crwit (indicated by a check mark
in the parenthetical space immwiately precWing the subparagraph entitlw "Other Security"),
then Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A.
Consultation and Cooperation
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City shall regularly consult the Consultant for the purpose of reviewing the progress of
the Defmw Services and Schwule therein containW, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit access to its office facilities,
files and records by Consultant throughout the term of the agreement. In addition thereto, City
agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph
10, and with the further understanding that delay in the provision of these materials beyond 30.
days after authorization to proceed, shall constitute a basis for the justifJable delay in the
Consultant's perform~nce of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate
Consultant for all services renderw by Consultant according to the terms and conditions set forth
in Exhibit A, Paragraph II, adjacent to the governing compensation relationship indicated by
a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as providw in Exhibit A, Paragraph 12.
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All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable thereunder
is proper, and shall specifically contain the City's account number indicated on Exhibit A,
Paragraph 18 (C) to be charged ~pi>n making such payment.
3. Atlmin;ctration of Contract
Each party designates the individuals ("Contract Adm;n;ctrators") indicated on Exhibit
A, Paragraph 13, as said party's contract atlm;n;ctrator who is authorized by said party to
represent them in the routine atlm;n;ctration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
S. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit
A, Paragraph 14.
.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in per-
formance. The parties have used their judgment to arrive at a reasonable amount to compensate
for delay.
Failur.e to complete the Defmed Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess
of the time specified for the completion of the respec.tive work assignment or Deliverable, the
consultant shall pay to the City, or have withheld from monies due, the sum of Uquidated
Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by
the City, shall be requested in writing to the City's Contract AlIm;n;ctrator, or designee. prior
to the expiration of the specified time. Extensions of time, when granted, will be based upon
the effect of delays to the work and will not be granted for delays to minor portions of work
unless it can be shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph IS, as an -FPPC filer-. Consultant
is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest
and disclosure provisions, and shall repon economic interests to the City Clerk on the required
, Statement of Economic Interests in such reponing categories as are specified in Paragraph 15
. of Exhibit A, or if noDe are specified. then as determined by the City Attorney.
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B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to influence
a governmental decision in which Consultant knows or has reason to know Consultant has a '"'"
fmancial interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants
and represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will not acquire, obtain, or assume an economic interest
during the term of this' Agreement which would constitute a conflict of interest as prohibited by
the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City if """
Consultant learns of an economic interest of Consultant's which. may result in a conflict of
interest for the purpose of the Fair Political Practices Act, and regulations promulgated
thereunder.
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F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoeVer in any property which may be the subject ma~r
of the Defmed Services, or in any property within 2 radial miles from the exterior boundaries
of any property which may be the subject matter of the Defmed Services, ("Prohibited
Interest"), other than as listed in Exhibit A, Paragraph IS.
Consultant further warrants and represents that no promise of future employment,
. remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be made during the Term of
this Agreement, or for 12 months thereafter.
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Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement,
except with the wrinen permission of City.
Consultant may not conduct or solicit any business for any party 10 this Agreement, or
for any third party which may be in conflict with Consultant's responsibilities under this
Agreement, except with the wrinen permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) arising out of the conduct of the
Consultant, or any agent or employee, sublXlntractors, or others in connection with the execution
of the work covered by this Agreement, except only for those claims arising from the sole
negligence or sole willful conduct of the City, its officers, or employees. Consultant's
indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred
by the City, its officers, agents, or employees in defending against such claims, whether the
same proceed 10 judgment or not. Further, Consultant at its own expense shall, upon wrinen
request by the City, defend any such suit or action brought against the City, its officers, agents,
or employees. Consultants' indemnification of City shall not be limited by any prior or
subsequent declaration by the Consultant.
B. Termination of Agreement for Cause
If, through any cause, Consultant shall fail 10 fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants. agreements or stipulations of this Agreement, City shall have the right 10 terminate
this Agreement by giving wrinen notice 10 Consultant of such termination and specifying the
effective date thereof at least fIVe (5) days before the effective date of such termination. In that
event, all finished or unfmished documents, data, stl.ldies, surveys. drawings, maps, reports and
other materials prepared by Consultant shall, at the option of the City, become the property of
the City, and Consultant shall be entitled 10 receive just and equitable compellSlltion for any
work satisfactorily completed on such documents and other materials up 10 the effective date of
Notice of Termination, not 10 exceed the amounts payable hereunder, and less any .bmllges
caused City by Consultant's breach.
9. Errors and Omissions
In the event that the City Adm;ni~trator determines that the Consultants' DCgligence.
errors, or omissions in the perform.~ of work under this Agreement bas resulted in expeilse
10 City greater than would have resulted if there were DO such DCgligence, errors, omissions,
Consultant shall reimburse City for any additional expensea incurred by the City. Nothing
. herein is intended 10 limit City's rights under other provisions of this agreemCJlt,
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10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In that event, all fmished and
unfmished documents and other materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is terminated by City as provided
in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for Ibm~ges or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City. City hereby consents to the assignment
of the portions of the Defmed Services identified in Exhibit A, Paragraph 17 to the
subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the sole
and exclusive property of City. No such materials or properties produced in whole or in part
under this Agreement shall be subject to private use, copyrights or patent rights by Consultant
in the United States or in any other country without the express written consent of City. City
shall have unrestricted authority to publish, disclose (except as may be limited by the provisions
of the Public Records Act), distribute, and otherwisr use, copyright or patent, in whole or in
part, any such reports, studies, data,statistics, forms or other materials or properties produced
under .this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the m~nner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept Consultant's
work products. Consultant and any of the Consultant's agents, employees or representatives are,
for all purposes under this Agreement, an independent contractor and shall not be deemed to be
an employee of City, and none of them shall be entitled to any benefits to which City employees
are entitled including but not limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. 'Iberefore, City will not withhold state or federal
income tax, social security tax or any other payroll tax, and Consultant shall be IOlely
responsible for the payment of same and shall hold the City harmless with regard thereto.
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_ 14. A(Jmini~trative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City
unless a claim bas first been presented in writing and flied with the City and acted upon by the
City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may from time to time be amended, the provisions of which are incorporated by
this reference as if fully set forth herein, and such policies and procedures used by the City in
the implementation of same.
Upon request by City" Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
IS. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing
party shall be entitled to recover all reasonable costs incurred in the defense of the claim,
including costs and attorney's fees.
16. Statement of Costs
.
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the DerIDed Services, Consultant shall
include, or cause the inclusion of, in said report or document, a statement of the numbers and
cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report
or document.
17. Miscellaneous
A. Consultant not authorized to Represent' City
Unless specifically authorized in writing by City, Consultant shall have no authority to
act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked. the Consultant and/or their principals
is/are licensed with the State of California or some other state as a licensed real estate broker
or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals
are license" real estate brokers or salespersons.
C. Notices
.
All JlOtices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall
be deemed to have been properly given or served ifpersonally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested. at the addresses identified herein as the places of business for each of the designated
parties.
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D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by the party against "",\,
which enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that
it has legal authority and capacity and direction from its principal to enter into this Agreement,
and that all resolutions or other actions have been taken so as to enable it to enter into this
Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any action arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County. State of California, and if applicable,
the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and
performance hereunder. shall be the City of Chula Vista.
[end of page. next page is signature page.]
........,.
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SlGNAnmE PAGE
TO
AGREEMENT BETWEEN CITY OF CHULA VISTA AND
D.'. ASSOCIATES
fOR TIlANSrollTATION CONSllLTING "f'.R\'1C&S
.
IN WITNESS WRF.REOF, Ci\y and CorislIltant have execllted this Apement thereby indicating
th>>.ll1\t:Y hAye read and undentood same, BIlII indir.atc tbei.r fIIU and oomplete consent 10 its
tt.ft1'18!
DQtJd:
.19_
City or ChuIa Vista
By:
Tim Nader, Mayor
Attest:
Beverly Allthe1et, City Clerk
. Approved as 10 form:
.
'. .
BrIICC M. Boogaard, City Auomey
.
Dated: ~:z. f . , 19li
By:
By:
Exhibit Ust to Apeemmt
. (X) E1lu'bit A
( ) Exhibit B
.
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EXBlBIT A
TO
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
D. J. SMITH ASSOCIATES
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1. Effective Date of Agreement:
2. City-Related Entity:
.
(X) City of Chula Vista, a municipal chartered corporation of the State of California
() Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
() Industrial Development' Authority of the City of Chula Vista, a
() Other:
form]
, a [insert business
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
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4. Consultant: D. J. Smith Associates
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
915 L Street, Suite 1440
Sacramento, CA 95814
Voice Phone (916) 446-5508
Fax Phone (916) 449-1692
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7. General Duties:
8.
Scope of Work and Scbedule:
A. Detailed Scope of Work:
Task 1. PlanlPrQI!r8DI Review
This task involves review of existing documentation programs and all related
pl..nning area data, including traffic projections and development projections to
allow consultant to fully understand Chula Vista's transpOrtation expectations and
needs.
Timeline: Begin Immediately.......COmplete 45 days following execution of
agreement' .
Deliverables: Inventory of expectations of proposed improvements.
Documentation of existing facility fmancial plans in terms of
dollars and schedule
Task 2. Stratel!ic Plan
This task is to develop a strategy for providing the required improvements for the
Eastern territories of Cbula Vista. As a part of this effon. consultant will identify
planned projects in terms of scope, cost and scbedule. This document will defme
a practical, phased approacb to project implementation that will be coupled with
an acbievable fmancing plan. The strategic plan ~ilI be developed under two
separate scenarios, one utilizing the ell'i.~tence of the proposed toll road (SR-I2S),
and one excluding the toll road;
The strategic plan will defme the network of required transponation
improvements the Eastern Territories and will include scope descriptions for all
projects at a sufficient level of detail to reasonably assess costs. The fmal
document will also include cost estimates and an implementation schedule which
will reflect constrUction needs, phasing requirements and available fimding (or
potential available funding). This task will also involve workin& with other
agencies to identify potential additional funding for required improvements. It
is recognized that a goal of this task is to mnimi7~ the availability and timing
of any and all sources of funding for transportation facilities
Time1ine:
Begin immediately....COmplete Draft document for comments
July, 1994
Complete fmal document November, 1994
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Deliverables: Draft Strategic Plan for review (25 copies),
Final Strategic Plan (50 Copies?)
Task 3. Advocacv Effort
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This task involves an ongoing effort to identify and secure alternative sources
of funding for transportation improvements for the Eastern Territories, with the
focus being coordinated with the development of the Strategic Plan, and funding
opportunities identified in development of the plan. .The level of activity
associated with this task will vary in intensity from month to month, but this
work will proceed on a constant basis in parallel with the other tasks.
Timeline:
Begin immediately...... task is ongoing
Task 4. Monitnrinl!
This task involves ongoing involvement in transportation issues in the South Bay,
including Toll road progress and issues, Otay Mesa and NAFTA issues as they
relate to Chula Vista, and transportation developments in the South Bay as they
relate to Chula Vista. As a part of this activity, consultant will attend meetings
with City Staff and property owners on a monthly basis, or as requested by the
City, not to exceed twelve meetings during the duration of this one year contract.
This task will also involve general assistance on issues related to project
management and process resolution.
Timeline:
Begin iinmediately....Task is ongoing
)1
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Compensa.tion
Compensation for performance of this contract shall be $78,000, plus
transportation expenses described below. Compensation shall be paid in 12
monthly installments of $6,500 each. Said compensation is based on a presumed
effort of 30 hours per month by J.J. Smith Associates and 15 hours per month by
Urban Systems Associates.
Each month, consultant shall report the actual hours of effort involved in the
project. If said actual hours are less than the presumed hours, City shall accrue
a credit of hours amounting to the difference between said actual and accrued
hours. If said actual hours are more than said presumed hours, consultant shall
accrue such a credit.
If consultant accrues a credit of hours worked for a period of 6 months,
consultant mu request an adjustment in payment. When City receives such a
request for adjustment, it may:
l.
2.
Seek authorization from the City Council for such adjustment, or
Direct consultant to reduce his effort to correct such accrued credits.
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TrAncnortation Comoensation: Transportation to and from Sacramento will be
compensated on an actual cost basis for Meals, Lodging and transportation costs.
Expected transportation costs not to exceed $12,000
Total contract amount not to exceed $90,000.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
() Other:
C. Dates or Time Limits for Delivery of De1iverables:
Deliverable No.1:
D.
Deliverable No.2:
Deliverable No.3:
Date for completion of all Consultant services:
Consultant services shall be completed within 12 months effective date of this
agreement, except that, by mutual agreement, this agreement may be modified to
provide for additional services, extending past said'12 month period, but not to
exceed a period of 36 months. .
9. Insurance Requirements:
Statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000.
Commercial General Liability Insurance: $1,000,000.
Errors and Omissions insurance: NODe Required (included in Commercial
General Liability coverage).
Errors and Omissions Insurance: 5250,000 (not included in Commercial General
Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
(X)
(X)
(X)
()
(X)
Transportation Development Impact Fee Report
SR-l25 (HNTB) Report
CbuIa Vista General Plan
. Growth Management Ordinance
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11. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defmed Services by Consultant as herein required, City
shall pay a single fixed fee in the amounts and at the times or milestones or for the DeJiverables
set forth below:
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Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or por:tion of the Defmed Services by Consultant as
are separately identified below, City shall pay the fIXed fee associated with each phase of
Services, in the amounts and at the times or milestones or DeJiverables set forth. Consultant
shall not commence Services under any Phase, and shall not be entitled to the compensation for
a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
Fee for Said Phase
1.
$
$
$
$
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2.
3.
4.
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C. (X) Hourly Rate Arrangement
For performance of the Defmed Services by Consultant as herein required, City shall pay.
Consultant for the productive hours of time spent by Consultant in the performRnce of said
Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the
following terms and conditions:
(1) () Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that Consultant
will perform all of the Dermed Services herein required of Consultant for
$ including all Materials, and other "reimbursables"
(.Maximum Compensation").
(2)
(X) Limitation without Further Authorization on Time and Materials
Arrangement
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At such time as Consultant shall have incurred time and materials equal
to $78,000 ("Authorization Limit"), Consultant shall not be entitled to any addi-
tional compensation without further authorization issued in writing and approved
by the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
Category of Employee of
Consultant Name Hourly Rate
Principal D. J. Smith $150
Principal Will Kempton - $150
Principal Transportation Andrew Sch1aefli $105
Consultant
Rate Schedule
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the perform~nce of
. services herein required, City shall pay Consultant at the rates or amounts set forth below:
( ) None, the compensation includes all costs.
Cost or Rate
( )
( )
( )
( )
( )
( )
( )
(X)
Reports, not to exceed $
Copies, not to exceed $ .
Travel, not to exceed $ :
Printing, not to exceed $ :
Postage, not to exceed $ :
Delivery, not to exceed $ :
Long Distance Telephone Charges,
not to exceed $ .
Other ActualldentifJable Direct Costs:
TransportationlLodging, DOt to exceed $12,000:
. DOt to exceed $ :
.
.
13. Contract .4dminicttators:
.
City: Charles Thomas, Senior Civil EngiDeer
Public Services Building
276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-S021
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Consultant: Will Kempton
D. J. Smith Associates
915 L Street, Suite 1440
Sacramento, CA 95814
~
14. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
15. Statement of Economic Interests, Consultant Reporting Ca~gories, per Conflict of
Interest Code:
(X) Not Applicable. Not an FPPC Filer.
() FPPC Filer
() Category No. 1. Investments and sources of income.
() Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and sources of
income subject to the regulatory, permit or licensing authority of the
department.
() Category No.4. Investments in business entities and sources of income ~
which engage in land development, constrUction or the acquisition or sale
of real property.
() Category No.5. Investtfientli in business entities and sources of income
of the type which, within the past two years, have contracted with the City
of Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
() Category No.6. Investments in business entities and sources of incol!le
of the type which, within the past two years, have contracted with the
designated employee's department to provide services, supplies, materials,
1I'~"hinery or equipment.
( ) Category No.7. Business positions.
() List .Consultant Associates. interests in real property within 2 radial miles of
Project Property, if any:
None.
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. 16. () Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
Urban Systems Associates
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
() Monthly
() Quarterly
() Other: Weekly
B. Day of the Period for submission of Consultant's Billing:
() First of the Month
() 15th Day of each Month
() End of the Month
() Other: End of week
.
C. City's Account Number:
19.
Security for Performance
() Performance Bond, $
() Letter of Credit, $
() Other Security:
Type:
Amount: $ .
() Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the
City shall be entitled to retain, at their option, either the following "Retention
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
() Retention Percentage: _"
() Retention Amount: $
Retention Release Ewnt:
() Completion of All Consultant Services
() Other:
.
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COUNCIL AGENDA STATEMENT
ITEM
MEETING DATE 5/17/94
JI
ITEM TITLE: Report on the application of the Chula Vista Literacy
Team for California State Library - California Library
Services Act Families For Literacy grant funds for FY 1994-
95.
SUBMITTED BY: Library Director~f\
REVIEWED BY: City Manage~ ~ ~r~/5ths Vote: YES _ NO-XJ
On May 2, 1994 the Chula Vista Public Library applied to the California State
Library for $23,000 in Families For Literacy grant funds for FY 1994-95 to
continue special family literacy services and programming for adult learners
and their young children.
RECOMMENDATION: That Council accept the report and ratify the
application.
BOARD/COMMISSION RECOMMENDATION: On March 23, 1994 the
Library Board of Trustees voted to support the Library's application for CLSA
Families For Literacy grant funds. (ATTACHMENT) NOT SCANNED
DISCUSSION:
The Chula Vista Literacy Team has offered family literacy programming for
the past three years. The Family Reading Program was developed to break the
intergenerational cycle of illiteracy by providing in-service training for
volunteer tutors whose learners are parents of young children, special library
programming for those learners and their families, and a home collection of
quality children's books and magazines for each participating family. The
program will continue to be directed by a .36 FTE family literacy coordinator,
and involves partnerships with South Bay Head Start, Chula Vista
Elementary School District's Even Start program, and with the Parent
Education Department of Sweetwater Union High School District. The grant
also continues to include a .43 FTE Clerical Aid.
FiSCAL IMP ACT: If the grant funds are awarded, $23,000 will be received to
implement this program through the Chula Vista Literacy Team. These funds
cannot supplant funds for the regular volunteer reading program.
)J" /
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ATTACHMENT
Library Board of Trustees
March 23, 1994
)
B. Coffee Cart at civic Center Library
Mrs. Blue reported that the Library has been approached
by two vendors who wish to place a coffee cart in the
civic Center Library. This concession would be open to
bid by other vendors and could possibly bring in revenue
between six to fifteen percent of sales. The Library
would like to see profits earmarked to upgrade computers
and equipment at the civic Center Library to the level
that will be available at the South Chula vista Library.
Chair viesca
location and
areas.
stated concerns of liability, hours,
the issue of bringing coffee into book
C. Literacy Grants
1. Families for Literacy Grant
2. Literacy ABE 321
3. Community Development Block Grant
MSC (Donovan/Clover-Byram) the Library Board supports the
Literacy Team's application for three literacy grants,
Families for Literacy, AB321 and Community Block Grant.
Approved 3-0-2 with Trustees Alexander and Williams not
in attendance.
Mrs. Blue
Schofield
time of
training.
Library'os
(Director
relayed a request by Literacy Coordinator Meg
to use Conference Room One on April 27th, the
the Trustee's next meeting, for literacy
The Library Board agreed to meet in the
Lower Level Conference Room on April 27th.
Palmer arrived at 4:12 pm)
IV. LIBRARY DIRECTOR'S REPORT
Director Palmer reported that during his meeting with the city
Manager the opening date for the South Chula vista Library was
tentatively scheduled in late January with a dedication in
December. Staffing, hours, budget cuts, revenue projections
and other issues regarding the Library budget were also
discussed. (Trustee Williams arrived at 4: 23 pm) Trustee
Clover-Byram asked Mr. Palmer to prepare a one page synopsis
of the status of the Library's budget before the next meeting.
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ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item: I:J...
Meeting Date: 05/17/94
Public Hearing: Conditional Use Permit PCC-94-38; request to establish
an employment service and training center in the PC Zone in Rancho del
Rey at 1045 Tierra del Rey - Western Devcon, property owner, for the
State of California, Employment Development Department
Resolution /71/ i'7Granting a Conditional Use Permit to the State of
California Employment Development Department, allowing operations of
an employment assistance facility
Director of Planning 21
City Manager.J4 ~~
(4/Sths Vote: Yes_No.lO
The State of California Employment Development Department (EDD) proposes to relocate their
existing South Bay office from their existing facility located at 1664 Industrial Boulevard, to
1045 Tierra del Rey in the Rancho Del Rey Business Park, where a 22,865 square foot structure
will be constructed. The proposed use requires a Conditional Use Permit, pursuant to the
Planned Community District regulation for the Rancho Del Rey Business Park.
RECOMMENDATION: That Council adopt the Resolution granting a Conditional Use Permit
to the State of California Employment Development Department, allowing operation of an
employment assistance facility at 1045 Tierra del Rey.
BOARDS/COMMISSIONS RECOMMENDATION:
On April 27, 1994, the Planning Commission voted 4-0-3 recommending that the City Council
approve subject conditional use permit in accordance with Planning Commission Resolution
PCC-94-38.
DISCUSSION:
Existing Site Characteristics:
The vacant subject site is located on the north side and at the eastern end of Tierra del Rey near
the cul-de-sac. It is graded and leveled, and ready for construction. To the east, west and south
other vacant graded parcels are awaiting development. To the north, the site overlooks a canyon
designated as open space. Two parcels to the east, SDG&E is developing a site as a substation.
The Board of Realtors office building is at 880 Canarios Court, about 500 feet to the south of
the subject site, while other light industrial uses exist in proximity to the EDD site. Further to
1.2~1
Page 2, Item 1.2..
Meeting Date: 05/17/94
the west, a bowling alley has operated for several years, while still further to the west Price
Club and Home Depot recently opened their stores. A new K-Mart is also under construction
just west of Price Club. All these businesses are within Rancho del Rey.
Zoninl! and Land Use:
Zoninl!
Land Use
General Plan Land
Use Desil!nation
Site
North
South
East
West
PC (EP-lB)
OS-1
PC (EP-lB)
PC (EP-lB)
PC (EP-lB)
Vacant
Open Space (Canyon)
Vacant
Vacant
Vacant
Research & Ltd. Mfg.
Open Space
Research & Ltd. Mfg.
Research & Ltd. Mfg.
Research & Ltd. Mfg.
It should be noted that "PC" is a designation on the Zoning Map meaning Planned Community.
In this case, the Rancho Del Rey SPA I Planned Community District Regulations are applicable
(District Regulations). In the District Regulations, EP-lB indicates that the parcel is in the
Employment Park Manufacturing District, and that "administrative and executive offices;
professional offices for lawyers, engineers, architects; [mancial offices including banks, real
estate and other general business offices" require a conditional use permit. In addition, "public
and quasi-public uses appropriate to the district, such as professional, business and technical
schools of a public service type, but not including corporation yards, storage or repair yards and
warehouses" also require a conditional use. Based on these regulations, a conditional use permit
is required.
Proposed Use:
As noted earlier, the State Employment Development Department is proposing to relocate its
existing South Bay office facility to this location. The primary functions of this office, as
discussed in Attachment 7, are as follows:
1) iob services, such as job listings, job search workshops, and labor market information
services;
2) unemplovment and disability insurance services, including process and payment of claims
to unemployed or disabled individuals;
3) iob traininl!, such as coordinating class listings, training and placing participants in jobs;
4) tax collection and other miscellaneous administrative services, including collecting
unemployment tax, providing labor market information, and auditing and investigative
services designed to detect fraud within the EDD system.
}).'.2.
Page 3, Item 1.2..
Meeting Date: 05/17/94
With regard to "job services" function, as part of its normal operations, EDD coordinates job
listings with prospective employers and job seekers through matching skills with job
descriptions. They also work with other institutions such as Southwestern College to enhance
job training opportunities. To this end, EDD is the lead agency in California to plan and
implement the school-to-work transition program as part of the Federal Workforce Security Act
(see Attachment 6). Attachment 7 more fully describes EDD's tasks and what it has
accomplished in past years. With EDD's relocation, they will be switching to other means of
communicating job openings to job seekers. The preferred method will be by electronic means
via computers. EDD will be electronically linked to various satellite offices throughout the
County whereby a job seeker simply logs onto EDD's network and calls up a listing of job
openings.
With regard to the "unemployment and disability insurance" function, EDD has indicated that
the vast majority of unemployment and disability claims, and issuance of checks, is done either
electronically or through the mail. This will reduce the number of people actually visiting the
new facility except for training and job interviews. Very seldom will anyone come to the new
facility to pick up their unemployment check.
With regard to the "job training" function, EDD works with several community organizations
in order to either provide adequate job training or job listings. These organizations include
Southwestern College, Sweetwater Union High School District, the MAAC Project, the San
Diego Consortium and Private Industry Council, Job Corps, Comprehensive Training Services,
the California Department of Rehabilitation, and the California Trade and Commerce Agency.
The "tax collections and other administrative services" functions primarily involve processing
and mailing operations, and do not involve a significant amount of on-site contact with clients.
Overall, EDD will employ approximately 86 people, many of whom will be located in the
satellite facilities. About 40 full time employees will actually be at the Tierra del Rey facility
with several seasonal, student and youth personnel to assist.
Similar Establishments:
City staff, one from the Planning Department and one from the Traffic Section of the
Engineering Division, visited the San Diego Career Center, an establishment similar to the
subject project, located at 8835 Balboa Avenue in San Diego. This facility is in a comparable
setting to Rancho del Rey Business Park in that it is light industrial. The Balboa facility takes
up about 24,000 square feet of an approximately 100,000 square foot building. SDCC employs
about 65-70 people. The main functional problem at the Balboa facility is their parking. They
must share the site with two other users and their parking is inadequate. In the case of Tierra
del Rey, there is almost double the minimum amount of parking required by the Municipal
Code. The SDCC facility does seem to function adequately, even given its restrictions.
1.2.3
Page 4, Item I;'"
Meeting Date: 05/17/94
ANALYSIS:
At the Planning Commission public hearing, Mr. Ross Nicholson, EDD's current landlord for
1664 Industrial Boulevard, spoke against EDD's relocation claiming that his property is more
centrally located and can accommodate EDD's functions. The Planning Commission determined
that these arguments should be resolved between him as the property owner and EDD as tenant,
but that EDD had the right to relocate, and the Planning Commission's function in relation to
this application is to make a determination on the appropriateness of the land use at the site,
based on the findings in the City Council resolution.
The relocation of EDD to the new site has several advantages over the present one:
1. The new facility will be larger. The building currently used by EDD is between 9,000
and 10,000 square feet and the site contains approximately 90 parking spaces. The new
building, as mentioned earlier will be 22,865 square feet and the site will contain 120
parking spaces. In addition, while the present building has a 2,000 square foot lobby,
the new building will have a 3,000 square foot lobby, as can be seen on the floor plan.
2. As noted above, there will be 120 parking spaces at the new site. Normally, an office
use would be required to have a minimum of 76 parking spaces (1 space per 300 square
feet of gross floor area). Based on information gathered during site visits to the
Industrial Boulevard location and on information gleaned from the Executive Summary
(Attachment 8), which was supplied to the Planning Department by EDD as a supplement
to their application, the current daily parking needs are as follows:
Monday
Tuesday
Wednesday
Thursday
Friday
24 clients/hour + 86 employees = 110 parking spaces
17 clients/hour + 86 employees = 103 parking spaces
15 clients/hour + 86 employees = 101 parking spaces
13 clients/hour + 86 employees = 99 parking spaces
14 clients/hour + 86 employees = 100 parking spaces
The above worst-case scenario is considered for each day if all employees were to come
to EDD plus the number of customers per hour based on the information found on page
3 of the Executive Summary. However, with the 40 regular employees on-site during
any given working day, the expected parking demand will be about half that provided (40
employees + 24 clients per hour = 64 parking spaces vs. 120 spaces provided). Based
on the worst-case analysis above, which indicates that during the busiest day of the week
(Monday) a maximum of 110 parking spaces will be required, and the fact that 120
spaces are proposed to be provided on-site, staff has concluded that there will be
adequate parking.
3. The location in Rancho del Rey allows for easy access by public transit. CVT Route 709
passes along East "H" Street connecting EDD with Southwestern College to the east and
1.2. r
1.2..
Page 5, Item
Meeting Date: 05/17/94
downtown Chula Vista and the "H" Street trolley stop to the west. Various other bus
lines connect to Route 709 as well.
4. By its very nature, EDD, as a land use, is compatible with planned and existing nearby
land uses. As mentioned earlier in this report, several other businesses operate in
proximity to EDD's site and all are compatible with each other. It can be assumed that
when other businesses move to Rancho del Rey, EDD can playa significant role in
placing people in the newly created jobs.
5. The amount of traffic to be generated by EDD is within the assumptions made in
EIR-87-0l and Supplemental EIR-92-02. The Traffic Engineer who viewed the San
Diego Career Center concluded that the amount of traffic would not cause any problems
to future development in Rancho del Rey.
FISCAL IMPACT: Not applicable.
Attachments:
l.
2.
3.
4.
City Council ResolutionNOT SCANNELi
Exhibits: Locator Map, Site Plan, Floor Plan, Roof Plan and Elevations.
PC Resolution PCC-94-38 NOT~C.4NNJi'n
The Planning Commission mmutes lmM'tnf" public hearing on this project dated
April 27, 1994. NOT SCANNED
Second Addendum to FEIR-87-l Rancho del Rey SPA I - Employment Development
Department. NOT SCANh1:.u<
A FAX forwarding .an article from the San Diego Unill.\l-Tribune dated March 8, 1994
regarding the retoolmg of the unemployment system. nOT SCANl~ED
An EDD Fact Sheet explaining what EDD does. NOT SeAl.... ,........
The Executive Summary and SUP.l?lementsubmitted to the Planning Department in
support of their application. NOT SCAi.'lt1 "....- .'
The Disclosure Statement for PCC-94-38. NOT SCANNJl.U
5.
6.
7.
8.
9.
(f: \home\planning\martin\edd\9438a.113)
/;J...> / /l. - 6
RESOLUTION NO.l.!..lJ"8"'1
RESOLUTION OF THE CITY OF CHULA VISTA CITY
COUNCIL GRANTING A CONDITIONAL USE PERMIT TO
THE STATE OF CALIFORNIA EMPLOYMENT
DEVELOPMENT DEPARTMENT, ALLOWING OPERATIONS
OF AN EMPLOYMENT ASSISTANCE FACILITY
WHEREAS, a duly verified application for a conditional use permit was filed with the
City of Chula Vista Planning Department on February 14, 1994 by Western Devcon, property
owner, as agent for the State of California, Employment Development Department
("Applicant"); and
WHEREAS, said application requests approval of a conditional use permit (pCC-94-38)
to establish a public/quasi-public unclassified use of an employment education and assistance
office in the PC (EP-1B) Zone ("Project") in Rancho del Rey at 1045 Tierra Del Rey ("Project
Site" or alternatively "Property") pursuant to the Planned Community District regulation for the
Rancho Del Rey Business Park; and
WHEREAS, the Planning Commission held a public hearing on April 27, 1994 to
consider subject request and voted 4-0-2-1 recommending that the City Council approve subject
Project; and
WHEREAS, the City Clerk set the time and place for a hearing on said conditional use
permit application and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city and its mailing to property owners
within 500 feet of the exterior boundaries of the Property at least ten (10) days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely May 17,
1994 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed; and
WHEREAS, the City Council considered the Final Environmental Impact Report-87-1
Rancho del Rey SPA I (FElR) and the addendum thereto for the Employment Development
Department ("FElR-87-1 Rancho del Rey SPA I - Employment Development Department")
pursuant to Section 15164 of the California Environmental Quality Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE City of Chula Vista does hereby
find, resolve, determine and order as follows:
Section 1. Conditional Use Permit Findings. Pursuant to the requirements of Section
19.14.080 of the Zoning Ordinance the City Council makes the following fmdings required for
the granting of a conditional use permit as follows:
/.2.' '1
Resolution No.
Page 2
a. The proposed use is desirable at the proposed location in that it will
provide employment training and assistance to the Chula Vista and Southbay
region at a location that is easily accessible to the general public and which
provides adequate parking. Therefore, the proposed use at the location is
necessary or desirable to provide a service or facility which will contribute
to the general well being of the neighborhood or the community.
b. The proposed use of the site as an employment training and assistance
center will not pose any danger to the general public health, safety and welfare
in that no toxic substances will be used on the site, there is adequate ingress and
egress and the amount of traffic is within the scope of the analysis done as part
if the environmental assessments for Rancho del Rey. Therefore, such use will
not under the circumstances of the particular case, be detrimental to the
health, safety or general welfare of persous residing or working in the vicinity
or injurious to property or improvements in the vicinity.
c. Compliance with all applicable conditions, codes and regulations is
required prior to issuance of relative permits, including but not limited to, design
review and building permits. Therefore, the proposed use will comply with the
regulatious and conditious specified in the code for such use.
d. The proposed Project is consistent with the General Plan Land Use
Designation (Research & Limited Industrial) of the City of Chula Vista in that the
Rancho del Rey Development Regulations allow subject use upon issuance of a
conditional use permit. Therefore, the granting of this conditional use permit
will not adversely affect the general plan of the City or the adopted plan of
any government agency.
Section 2. The City Council, pursuant to the authority granted to the City Council under
Section 19.54.020 to grant conditional use permits for unclassified uses, hereby grants the
conditional use permit PCC-94-38 and thereby grants permission to use the subject Property as
an employment service and training center, including providing job services (such asjob listings,
job search workshops, and labor market information services); unemployment and disability
insurance services (including process and payment of claims to unemployed or disabled
individuals); job training; and tax collection and other miscellaneous administrative services,
subject to the following conditions:
a. Applicant shall comply with and implement all requirements of the
Chula Vista Municipal Code and applicable Fire Department and Building
Department requirements, as appropriate.
b. Prior to occupancy, applicant shall arrange a security survey with the
Chula Vista Police Department, Crime Prevention Unit, and implement any
/). - ~
Resolution No.
Page 3
suggestions resulting from said survey. Applicant shall submit proof of the
implementation of said survey to the Director of Planning prior to occupancy,
where applicable.
c. This permit shall be subject to any and all new, modified or deleted
conditions imposed after approval of this permit to advance a legitimate
governmental interest related to health, safety or welfare which the City shall
impose after advance written notice to the Permittee and after the City has given
to the Permittee the right to be heard with regard thereto. However, the City, in
exercising this reserved right/condition, may not impose a substantial expense or
deprive Permittee of a substantial revenue source which the Permittee can not, in
the normal operation of the use permitted, be expected to economically recover.
d. This conditional use permit shall become void and ineffective if the
same is not utilized within one year from the date of this resolution in accordance
with Section 19.14.260 of the Municipal Code. Failure to comply with any
condition of approval shall cause this permit to be reviewed by the City for
additional conditions or revocation.
Section 3. CEQA Evaluation.
This Project, conditionally permitting the Property located at 1045 Tierra del Rey to be
used as a public-quasi public facility (employment assistance), is part of a larger project for
which a Final Environmental Impact Report, to wit FElR 87-1, was been prepared and certified
by this Council, and is adjacent to the Rancho del Rey "power center" project for which a Final
Supplemental Environmental Impact Report, to wit: FSEIR 92-02, was prepared and certified
by this Council.
A. FEIR 87-1 consisted of Final Environmental Impact Report (FEIR 87-1) SCH
#87070102, dated October 19, 1987 which contained (1) Draft EIR-87-1; (2)
Comments on the Draft and Responses; (3) one addenda; (4) Appendices (A
through J) to the Environmental Impact Reports.
B. FSEIR 92-02 consisted of "FEIR 92-2", dated October 5, 1992, SCH #92051032,
which contained (I) Final EIR 92-2; (2) Comments and responses on the Draft
EIR 92-02; (3) Appendices to Responses to Comments, A through D, inclusive;
(4) Appendices 12.1 through 12.7 to the FEIR 92-2; (5) Errata Sheet for FSEIR
for Rancho del Rey Commercial Center;
The FEIR 87-1 and the addendum entitled "Second Addendum to FEIR 87-1, Rancho del
Rey SPA I, Employment Development Department" ("Second Addendum") as well as FSEIR
92-02, has been reviewed and considered by the City Council of the City of Chula Vista; and
I~""
Resolution No.
Page 4
The FEIR 87-1, herewith defined to include the Second Addendum is hereby certified
by the City Council to have been completed in compliance with the California Environmental
Quality Act and all applicable guidelines.
The City Council accepts and approves the Second Addendum to FEIR-87-1 Rancho del
Rey SPA I - Employment Development Department; and finds in accordance to the Second
Addendum to FEIR-87-1 (lS-94-23) that the traffic impacts associated with the proposed project
would be lower than anticipated in the previous FEIR (460 new ADT vs. 600 in the previous
analysis) and that all other public services would be effected the same as the previous analysis
and no further changes would be required in conclusions, findings, and mitigation measures.
The project site was previously graded and there will be no further impacts to natural resources.
The City Council concurs in the conclusion expressed in the Second Addendum that the Project
will not create any new environmental impacts that have not been fully and adequately analyzed
in FEIR 87-01 and the First and Second Addendum.
A. Re-Ado-ption of Findings.
The Council does hereby re-approve and incorporate herein as if set forth full, and make
each and every one of the CEQA Findings set forth in Council Resolution Nos. 13393, adopted
December 15, 1987 (87-1 adopting CEQA findings), 13389, adopted December 15, 1987 (87-1
adopting statement of overriding considerations); and 16900 (92-02) adopted November 24,
1992.
B. Certain Mitigation Measures Feasible and Re-Adopted.
As more fully identified and set forth in the FEIR 87-1 and FSEIR 92-2, and the Second
Addendum, Council readopts the finding that, pursuant to Public Resources Code Section 21081
and CEQA Guidelines Section 15091, the mitigation measures described in the FEIR 87-1 or the
resolution approving same (Resolution No. 13393), are feasible and will become binding upon
the appropriate entity such as the AppliCant, the City, or other special districts which has to
implement these specific mitigation measures.
C. Feasibility of Alternatives.
The Council has previously concluded that alternatives to the project evaluated under
FEIR 87-1 were found not to be feasible, and the approval of this Project and the adoption of
the Second Addendum does not change that conclusion, herein incorporated by reference.
D. Adoption of Mitigation Monitoring Prol!ram.
As required by the Public Resources Code Section 21081.6, City Council hereby
determines that the Mitigation Monitoring and Reporting Program ("Program") adopted in and
set forth in the resolution adopting FEIR 87-1, and incorporated herein by reference as set forth
1:2~/t:J
Resolution No.
Page 5
in full, is fully adequate for this Project. The City Council fmds that the Program is designed
to ensure that during the Project implementation and operation, the Applicants and other
responsible parties implement the Project components and comply with the feasible mitigation
measures identified in the Findings and in the Program.
E. Statement of Overridinl! Considerations.
The City Council, when it adopted FEIR 87-1, originally concluded that after the
adoption of all feasible mitigation measures, certain significant or potentially significant
environmental affects caused by the project or cumulatively will remain. The City Council of
the City of Chula Vista, pursuant to CEQA Guidelines Section 15093, adopted a Statement of
Overriding Considerations by Resolution No. 13389 identifying the specific economic, social,
and other considerations that render the unavoidable significant adverse environmental effects
still significant but acceptable. The approval of this Project does not change the conclusions of
the Council in the findings made in such Statement of Overriding Considerations.
F. Notice of Determination.
City Council directs the Environmental Review
Determination and file the same with the County Clerk.
Presented by
Notice of
J)
A
Robert A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
M:\shared\attomey\EDD.RES
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PROJECT
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CHULA VISTA PLANNING DEPARTMENT
SCALE:
1" = 400'
FILE NUMBER:
PCC-94-38
PROJECT DESCRIPTION:
CONDmONAL USE PERMIT
Proposal to establish an office for
unemployment asistance. New construction.
APPLICANT:WESTERN DEVCON
ADDRESS: 1045 T1erra Del Rey
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ATTACHMENT 3
PLANNING COMMISSION RESOLUTION PCC-94-38
- 9-
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1.
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-/0-
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RESOLUTION NO. PCC-94-38
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING TIlAT THE CITY COUNCIL
GRANT A CONDmONAL USE PERMIT TO THE STATE OF
CAIlFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT, AlLOWING
OPERATIONS OF AN EMPLOYMENT ASSISTANCE FAcnJTY
WHEREAS, a duly verified application for a conditional use permit was filed with the
City of Chula Vista planning Department on February 14, 1994 by Western Devcon, property
owner, as agent for the State of California, Employment Development Department
("Applicant"); and
WHEREAS, said application requests approval of a conditional use permit (PCC-94-38)
to establish a public/quasi-public unclassified use of an employment education and assistance
office in the PC (EP-IB) Zone ("Project") in Rancho del Rey at 1045 Tierra Del Key ("Project
Site"); and
.
WHEREAS, the planning Commission set the time and place for a hearing on said
conditional use permit application and notice of said hearing, together with its purpose,was
given by its publication in a newspaper of general circulation in the city and its mailing to
property owners within 500 feet of the exterior boundaries of the property at least 10 days prior
to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely April 27,
1994 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed, and
WHEREAS, the Commission considered the addendum to EIR 87-01 and Supplemental
EIR-92-02 pursuant to Section 15164 of the California Environmental Quality Act.
NOW, mEREFORE, BE IT RESOLVED TIlAT THE PLANNING COMMISSION
hereby recommends to the City Council that the conditional use permit be granted subject to the
conditions and findings found in the attached draft City Council Resolution PCC-94-38.
That a copy of this resolution be transmitted to the applicant and the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CAIlFORNIA, this day 27th day of April, 1994 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
='M~_W~ ~
:ias and Tuchscher . ~II () C-
Thomas A. Martin, Cbairman
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Nancy tpley~
A tt.chment 3
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ATTACHMENT 4
PLANNING COMMISSION MINUTES
APRIL 27, 1994
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April 27, 1994
EXCERPT FROM PLANNING COMMiSSION MINUTES OF 4/27/94
Commissioner Salas requested that she he excused from the dias since she bad a conflict of
interest in the next item. EDD is her employer.
ITEM 2.
PUBUC HEARING: CONDITIONAL USE PERMIT PCC-94-38; REQUEST
TO ESTABUSH AN EMPLOYMENT SERVICE AND TRAINING CENTER
IN THE PC ZONE IN RANCHO DEL REY AT 1045 TIERRA DEL REY -
Western Devcon, Property Owner, for the State of California, Employment
Development Department
Associate Planner Martin Miller presented the staff report. Staff recommended that the Planning
Commission adopt resolution PCC-94-38, recommending that the City Council approve the
project, based on the fmdings and subject to the conditions contained in the draft City Council
resolution. Staff also recommended that the Commissioners consider Addendum to EIR-87-01
and Supplemental EIR-92-02. Pursuant to Section 15164 of the California Environmental
Quality Act, the Commission did not need to approve the Addendum, only consider it.
This being the time and the place as advertised, the public hearing was opened.
Janay Kruger, 4660 La Jolla Village Drive, Suite 1080, San Diego 92122, representing
Western Devcon, noted that the project architect, project developer, the manager of EDD, and
the manager of the South County Career Center were there to answer questions. They agreed
with the staff report and the conditions. She noted the major program would be to link
employers and employees together and counsel and employ people. All the unemployment
checks are mailed; everything is electronically linked. The employment skills are coded in; the
employers' needs are coded in; the people are matched and appointments are made by phone.
There are 40 full-time employees, with some seasonal and part-time employees and students.
She noted the opposition was from the current building owner who did not want them to leave,
but she also noted some of the reasons for leaving.
Kay Riley, 1664 Industrial Boulevard, Chula Vista 91911, representing Employment
Development Department, was there to answer questions.
Ross Nicholson, 3005 McKinley St., San Diego 92104, the current landlord, stated that the
EDD was a very fme tenant to have. He did not feel the move was necessary and desirable to
the community. He wanted to keep them as a tenant, and felt their objections to staying in his
building were unfounded. He bad given the Commission a map showing the proximity to
alternate EDD locations, and the facts given to EDD as to his ability to expand the building for
their use. He did not believe the proposed location was compatible to the land use, and the
location was less central.
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Attachment 4__
PC Minutes
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April 27, 1994
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Commissioner Moot asked staff where the closest bus stop was located in relation to the new
location and any light or controlled crossings across "H" Street. Associate Planner Miller noted
the location of the nearest bus stop located along "H" Street, and noted the nearest controlled
crossing at the intersection of Tierra del Rey and "H" Street.
Senior Civil Engineer Ullrich noted that the nearest bus stop was on the north side of "H"
Street, but there would be another one in the future on the south side when SPA ill developed.
Commissioner Tarantino noted that there was a bus stop further east at the intersection of Buena
Vista and "H" Street.
No one else wishing to speak, the public hearing was closed.
Assistant Planning Director Lee noted that the bus routes and location of bus stops are reviewed
periodically by the Transit Coordinator, and if this particular facility had the demand, there
could be a bus stop located on the south side. He also clarified that the last speaker indicated
that this particular applicant and this particular use did not fit in the zone. There were uses
allowed by right, and uses that are set up as a conditional use permit--public and quasi-public
uses require conditional use permits because they are generally unique in character and many
issues have to be considered relating to noise, parking, etc. In this particular case, parking
issues and the operation itself were being considered. There is a change in this operation in that ~
they are going more into an electronic system than their present operation. The number of
people going to the facility would be reduced, plus there was parking well beyond the typical
office requirement. Staff was very comfortable with the amount of parking and the compatibility
of the land uses.
Commissioner Fuller clarified with the Assistant City Attorney that the Commission was being
asked to verify that this application had met the fmdings and was suitable for this location.
Assistant City Attorney Rudolf confirmed that the conditional use permit allowed for a
public/quasi-public use, and the Commission needed to be satisfied that it was a public/quasi-
public use and if it met the fIDdings set forth in the resolution.
Commissioner Fuller noted that she wanted clarification because she felt the Employment
Development Department had looked at the proposed location and the move and the restructuring
of the services they were going to provide, and they were the individuals who would best know
the location that would best suit the population they would be serving. She would agree with
the fIDdings.
Chair Martin asked if there were any conditions which could be added to be certain EDD was
really responsible; that that particular area would not detrimentally affect any of the areas around
it. Mr. Nicholson in his handout had suggested that because the EDD would be handling a
larger caseload, there would be more people standing around, there may be more garbage, etc.
Mr. Miller stated that staff had considered that, and given the assurances from EDD that the
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PC Minutes
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April 27, 1994
changes to their operations would preclude the forming of lines, their facility would be larger
and the people would not have to stand outside waiting to get in, staff did not feel this would
not be an issue. If the Commission felt otherwise, a condition could be included.
Assistant City Attorney Rudolf stated there was a requirement in the conditions of approval for
compliance with the requirements of the Code, applicable Fire Department and Building
Department requirements which might address some of those issues, and the security survey with
the Chula Vista Police Department which potentially could address things that could come up
during the regular business hour. Normally any public nuisance-type behavior would be a cause
for a neighbor or other complainant to bring it to the Commission's attention for additional
conditions or revocation.
Associate Planner Miller also pointed out that besides EDD going electronic with the mailing
of unemployment checks directly to the recipients, it would be the exception to the rule that
someone would go to the EDD to pick up their checks. It would happen periodically. Their
main thrust would be for those who had most recently been unemployed to go to EDD to sign
up for job interviews, training, etc.
Commissioner Moot felt the conditional use permit was appropriate, but he was concerned that
public access be maintained, and asked that staff review periodically to see if a bus stop was
needed for people traveling east.
Commissioner Tarantino thought it was an excellent location, since it was the geographic center
of the City and would be closer to Southwestern College, Sweetwater High School District, and
the lob Corps with whom the EDD would be working.
MSC (FullerlTarantino) 4-0 (Commissioner Salas had left the dias; Commi!l.qoners
Tuchscher and Ray excused) that pursuant to Section 15164 of the California
Environmental Quality Act, the Commi~ion had considered the Addendum to the EIR-87-
01 and Supplemental EIR-92-02, and that the Commi.....ion adopt resolution PCC-94-38
recommending that the City Council approve the resolution based on the findings and
subject to the conditions contained in the draft City Council resolution.
Commissioner Salas returned to the dias at this time.
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ATTACHMENT 5
SECOND ADDENDUM TO FEIR-87-1 RANCHO DEL REY SPA I
. EMPLOYMENT DEVELOPMENT DEPARTMENT
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SECOND ADDENDUM TO FEIR.87.1 Ran(ho del Rey SPA 1
Employment Development Department
PROJECT NAME: Employment Development Department
PROJECT LOCATION: 1045 Tierra Del Rey
PROJECT APPLICANT: Western Devcon, Inc.
9655 Granite Ridge Drive #240
PROJECT AGENT: Mile Ibe
CASE NO.: IS-94.23
I. INTRODUCTION
The environmental review procedures of the City of Chula Vista allow the
Environmental Review Coordinator (ERe) to prepare an addendum to a Negative
Declaration or Environmental Impact Report, if one of the following conditions is
present:
J.
The minor changes in the project design which havc occurred since completion
of the Final EIR or ~cgative Declaration have not created any new significant
environmental impacts not previously addressed in the Final EIR or Negative
Declaration;
2. Additional or refined information available since completion of the Final EIR
or ~egative Declaration regarding the potential environmental impact of the
project. or regarding the measures or alternati\ cs available to mitigate potential
environmental effects of the project. does not show that the project will have
one or more significant impacts which were not previously addressed in the
Final EIR or Negative Declaration.
As specific land uses are proposed for a 3,05 acre parcel on the north side and at the
eastern end of Tierra del Rey in the Rancho del Rey Commercial Center, Initial Study
18-94-23 was prepared to determine if there would be any additional environmental
impacts to those reviewed in FEIR.87-01 Rancho del Rey SPA I and the First
Addendum to FEIR.87.1. Supplemental EIR-92-02 Rancho del Rey Commercial Center
was also reviewed. The Initial Stud)' prepared for this project, 15.94.23, determined
that the proposed project was adequately analyzed in FEIR-87.01 and the First
Addendum, This Second Addendum has been prepared in order to provide information
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Attachment 6
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and analysis concerning traffic and public service impacts in accordance with Section
15164 of the CEQA Guidelines. .........
D. PROJECT DESCRIPTION
The project that was reviewed in the First Addendum to FEIR-87-1 Rancho Del Rey
SPA I evaluated the adequacy of the EIR for the revised Rancho del Rey SPA 1 plan.
The FEIR for Rancho del Rey SPA 1 was for the construction of 982 single-family
units, 1219 multi. family units, an employment park (84.5 acres), community facilities,
neighborhood and community parks, a school site, open space and a circulation system
on 808.6 acres bounded on the north and east by Otay Lakes Road, East "H" Street to
the south, and Pasco Ranchero to the west. The Addendum addressed the relocation
of the school site and additional residential units. Supplemental FEIR-92-02 Rancho
del Rey Commercial Center addressed impacts of the conversion of 55 acres of the
approved Rancho del Rey Business Center from Employment Park to a mixed-use
commercial center. The commercial center project proposed the development of three
anchor stores west of Tierra del Rey.
The proposed project consists of the construction of a 17 foot high, 22,865 square foot
single story tilt.up building built for lease to the State of California Tenant Employment
Development Department on a 3.05 acre previously graded site on the north side and
at the eastern end of Tierra del Rey near the cul-de-sac. One hundred twenty parking
spaces are included on the site plan.
.........
The Employment Development Department proposes to relocate their existing
operations from their facility at 1664 Industrial Boulevard. With the move, EDD will
be shifting its emphasis from delivering unemployment checks to arranging training
classes and developing employer/job seeker communications. Hours of operation are
from 8:00 A.M. to 5:00 P.M. and 86 persons will be employed in the department with
some located in satellite offices, consisting of 7 seasonal clerks, 9 student assistants, 2
youth aides and staff that perform job service functions outside of the office, in the
Department of Corrections, the Student Employment Office of Southwestern College,
San Diego Factory Outlet Center. Rohr Transition Center, South County Career Center
and GAIN offices. One hundred twenty parking spaces are provided.
m. PROJECT SETTING
The project site presently consists of a graded 3.05 acre site in the eastern section of
the Rancho Del Rey SPA 1 Business Park north of H Street between Del Rey Blvd. to
the west and Paseo Ranchero to the east. Surrounding land uses include: Rice Canyon
(open space) and a graded area to the north where residential units are being built
(within Rancho Del Rey). Two parcels to the east S.D.G. and E. is developing a site as
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a substation. The Board of Realtors building is at 880 Canarios Court, about 500 feet
to the south of the subject site, while other light industrial businesses exist in proximity
to the EDD site. Further to the west, a bowling alley has operated for several years,
while still further to the west Price Club and Home Depot recently opened their stores.
A new K-Mart is also under construction just west of Price Club. All these businesses
are within Rancho del Rey. Open Space and single-family residential land uses are in
place south of East H Street.
IDENTIFICATION OF ENVIRONMENTAL EFFECTS
Traffic Impacts
Traffic analysis for the proposed project was undertaken previously in Rancho Del Rey
SPA EIR.87-1 and the First Addendum. The Traffic Engineering Division reviewed the
Employment Development Department project to illJiure that the assumptions and
analysis included in the above cited documents are adequate to cover this projects's
proposed traffic generation. The project is expected to generate 460 new average daily
trips. The assumptions from the Final EIR.87.1 and the First Addendum were for 200
trips per acre for business and industrial uses in the employment park. For this 3.05
acre project the trip generation analyzed was 600 trips. As the project generation is
much less than that projected in FEIR.87-I, there are no new impacts and no new
mitigation measures required.
Public Service Impacts
Soils
A Soils Report as recommended in Section 5.3 "Foundation and Slab
Recommendations" of the AS'l!raded Geotechnical Reoort dated January 12, 1989 is
required. The soils report shall be submitted prior to the issuance of grading and or
construction permits.
Fire
The Fire Department Threshold will be met as the nearest fire department is 6 minutes
away and the estimated reaction time is 6 minutes. The required fire flow is Type VN -
4000 gpm and Type IIIN - 3250 gpm. Fire hydrants will be required at 300 foot
intervals. Based on inaccessibility to all portions of the building, a fire sprinkler system
may be required. The plans must be conform to all requirements of the Chula Vista
Fire Department.
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Drainaee
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The pad area drainage consists of the surface flow to a desilting basin at the southeast
portion of the parcel. Runoff to the desilting basin is discharged through private twelve
inch PVC to public drainage facilities. The north slopes of the project drain downslope
to the canyon invert. A 30-inch RCP pipe is located downstream in Tierra Del Rey.
This off,site drainage facility is adequate for the project. A general permit for
stormwater discharges associated with construction activity is required because the
proposed project is part of a larger common plan of development (Rancho del Rey) that
disturbs five or more acres of soil.
V. CONCLUSION
Traffic impacts and public service impacts are found to be less than significant.
Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above
discussion, I hereby find that the project revisions of the proposed project will result
in only minor technical changes or additions and have not created any new
environmental impacts. The proposed project was adequately analyzed in FEIR-87-01
and the First and Second Addendum.
VI. REFERENCES
~
FEIR-87-1 Rancho Del Rey SPA I Plan and First Addendum
FEIR-92-02 Rancho Del Rey Commercial Center
General Plan, City of Chula Vista
Title 19, Chula Vista Municipal Code
City of Chula Vista Environmental Review Procedures
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ENVIRON NT AL VIE COO INA TOR
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ATTACHMENT 6
ARTICLE FROM SAN DIEGO UNION-TRIBUNE DATED 3/8/94
REGARDING RETOOLING OF THE UNEMPLOYMENT SYSTEM
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Attachment 6
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ATTACIIMEN'f 7
EDD FACT SHEET
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FACT SHEET
~I)I)
.Ihr fIaqllt 01 UlifomiI
EMPLOYMENT DEVELOPMENT DEPARTMENT
The ErnPotment OMlopment Depanment Is a multifaceted
depanmert oIering a variety d seMces under the Job SeMce,
~ Insurance and DisabIlity Insuranc:e pqp1Im5.
~ the ... tax CXJIlection aBeOCY In Cardomia, EOO also
handles tIie audit and collection d employment taxes -
Unemplo,II.e1~ Insurance, Disabllity Insurance, ErnpIoo,oment
Tlalnina and Pwr5onaIII1tOI'M Tax - and maintains employment
lKllId5 for IIlCR than 15 million California WOIkers.
One dthe... ~""lb In.. pemment, EOO has
more than 12,000 ernpIoyees and a network d CM!r 400 5eNice
Ioations. bch year, EOO's employees seNe m"foos d Cali/or.
nian5. Hele Is a brief look at EOO's actMtie5 in state lisal year
lFYll991.1992;
Job SeMce
EOO, as the designated agency fOf employment 5eNice5, has
found jobs for millions d CaIi/OfIIians CM!r the years. AJ the
nation's.... employment agency, EOO, in FY 1992;
~ nearly 194,000 applicants in jobs.
. Resistered 852,000 job seeken and received orders fOf more
than 429.000 job openinss.
. Provided services, including COIInseling, testing, lr.Iining and
job developnen~ to about 555,000 applicants.
. Opetated a "job Match" system that ."....,ically matches
qualjfllld job seeken with employers' job orders, quickly
locating the best candidates fOf each job opening, and giving
lPPIicants immediate access to the jobs that best suk their
plrticular backaround, needs and interests.
. Provided many additional services. such as; job IeIICh WOIk.
shops and labor marl<<!t information. and seNed as a broker
for a ~ d job tIIilq pqp1Imi in local communities.
. Conlinued the successfuI__lioo d k5 .-ewide job dub
netwIllIc. aIed "E..pel ~ Unlimited." fat UI. ~,.ploy<ed
or 1.I~ .....4AIio'laI, ~ technical and hishly
tIdIIed irlcIi\Iich....
Uner.~ and ~ LiIity .......ce
EDD pIyS lInemplovment (u1l and Disability Insurance lOll
Fill eIiibIe clairnanlS. The UI and DI pqp1Imi are
1M'gred IDIIS$lst those oMloan! out dWOlk Of are III, thus pro.
Wlilll a IlrOrC IlIbilizer III Califomia'ucollomy. In FY 1992. M:
. PM! out more than 54.6 ~ In UI b.....&s and CM!r $2.7
blllion In Dl bel .Jib.
. RetelYed and ~ more than 2.7 million new UI claims
Mld JPIIlOXimately 972,000 Dl claims.
Job Trainina
EOO plays a key ~ the admini~.diuI, and operation d a ~
number d major job lr.Iining pqp1Ims in the stale. EOO is the
state's adminislrator d the federal Job Tlalning Pannership Act
QTPN in Cali/OfIlia. which Ojlet"..s through a network d locally.
NI'I Service Delivery Areas lSDA5I, pnMdirttl job lIainllw and
related services under the guidance d Private IndllStJy Councils
(PICs). Local EOO adminislratOB are members d the PICs, and
EOO field office managers WOIk cIo5eIy with local SOA admin!s-
tnItors to lr.Iin and place participants in job5.
Under dislocated WOIker provisions d /TPA. EOO c:reIled a IlIle
dislocated WOIker unit called the CalifCKnia Response Team to
react immediately to notification d mass!ay0ff5 and plant do-
SUIl!S. This team arranses on. contIC.1 with empIayers and
employee ,epe5(lntatives within a short time period (usually 48
hours) to provide infCKmation aboul, and ensure access to, availa-
ble pqp1Ims and 5eNices fCK affected WOlken and employers.
and to ensure local resources and pqp1Imi are coordinated.
EOO also administen the Worlter AdjUSlment and Relraining
NoCiftCation lWAAN) Act, which Rlquires employers to P 60
days advance notice cJ plant closures Of mass layoffs to affec:led
emplO)ftS and to the Slate Dislocated Worlter Unit.
Through the Slate Employment Tlalnirttl PanelIETP), woe WOIk
wlth empIayers to deI!elop trlinirttl......ms for thelr WOIIters.
pllticularly fat thole in 0Uldated job5.
In FY 1992:
. Almost 100,000 people ~ in rrPA Tille II.A trainirttl
pqprm for econorniQIly di5Idvanla8ed adults and youth;
lIPPIOlCilllatel( 23.000 _1IMd tIvouRh /TPA 1lde III pro.
..rm for cIislcaled ~ Ind more than 23.000-
enrolled in ETP trainirttl-
. Oller 83,000 yourttl people particlf t j in the /TPA 1lde 11-8
Summer Youth Employment and Trainirttl Propm.
DEI""" Rev. 11(3-931
s.tolCallfamil/ElI.,Av,..... o..,~.... o..-~,"'41 P.O.llox 126ll801......1~.. CA 9428CH1OO1/ttl616S4-1029
3/- /,,;J-;<3
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Attacltm.nt 7
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TiX
EDD is one d the largest tax collection .ncies in the nation,
handling all aclminisIr;ItM and enfun..b"ent functions lOt audit
IIllI c:oIection d U~ 01, ErnpIo>,<ment Training and Penonal
IncomeT_lPm.1n FY 1992, we:
. ~M1_than $16 billion In employment taxes,includ-
ing_ $12 bl11ion in PIT (77 ~t dthe IOtaI Slate collec-
lion d this laXl.
. Procmw _than 6 million tiIX retums.
. Mainlained waae recOfds lOt more than 15 million workers.
. RecOlIeI'ed _ $10.7 million in benefrt CM!f?lIyments
through inter~ '*, eements with the State Franchise Tax
IIoInf and the State Lottery Commission.
1Ibor Market Information
EDO is the major source of labor marl<f!I inlormation in
Cillilomia. We:
. PrtMde data lOt national, state and local areil employment and
unemployment statistics, economic planning information,
occupational inlOtmation and ocher statistics.
. Publish and disseminate ooer 200 publications deilling with
employmen~ unemploymen~ induSlTy and occupational out-
IooIc, social and demographic data, minority employment and
labor marl<et data.
Additionally, EDD:
. Has auditors and in\'eSligatOtS monitoring. detecting and
posecUling anyone attempIing to defraud EDD systems,
..
-"""'\
whether they be daimants, employers Ot Department
~ In FY 1992, EDO auditOtS 1eC0lIeI'ed _ $39.8
million in fraudulendy-clairned UI benefits.
,
. Is an dIIe participant in the Cio'o<emor's Task FOtCe on the
l.Jndetwound Economy, and as such. in FY 1992, filed 40 fel-
ony criminal complaints for _ than $2.6 million in unpaid
tiIXes.
. WorI<s with the Cillifomia Employer Council lCEO, the state-
wide umbrella fOt the SS local Employer AdviSOty Councils
located throughout the state. Membership in these Otganiza-
lions rep4 esents a croSs section of business and induSlTy, and
their mission is to assist EOO in implOYing services to CillifOt-
nia's employer community. The CEC Board is elected in a
llatewide election; these oflkers represent the local Otganiza-
lions in meetings with EOO's executive staff. These Otganiza-
tions are linked at the national level by the Employers'
National lob Service Council.
. WorI<s with local community groups to dellelop programs that """"
will increase employment and educational opportunities lOt . .
people with special needs, such as youth.
. 15 implementing a high-tech, computerized job counseling sys-
tem that links people with jobs that match their aptitudes,
inte<est and experience. A battery of leSt and sell-assessment
inventories helps pinpoint occupational areas in which job
teeken have the best pOlential lOt success.
Remember, EDO is there to help. We're 5eninr 1M P'eopIe of
QlfomM. WheIher you're an employer Ot job seeker. call on
your local EDO office lOt your employment needs.
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ATTACHMENT 8
EXECUTIVE SUMMARY AND SUPPLEMENT
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.~~ Serving the People of California
State of California I Health and Welfare Agency
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Pete Wilson. Governor
. April 13, 1994
IUUtO,
EXECUTIVE SUMMARY
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The Employment Development Department bas been seMng the communities of
the South Bay from its current location since December, 1978. We are located at 1664
Industrial Boulevard, in the city of Chula Vista. The South Bay bas seen mnarbble
growth over the past decade, and plans continue for future development. The need to be
located in a modem, centrally located facility will due much to improve the quality of the
.
services we provide for all of our customers.
Our Department is working towards being universally recogrthed for its
outstanding customer service. The public's image of a state aaency is not always the best.
We at EOD are committed to making all efforts to improve the quality of our services ,
so that we can be considered a model for public aaency quality and fairness. Wbile our
current facility is close to public transportation, it does have several drawbacks. The
design of the office was created far before automation became a part of our daily
lives.Computer terminals are now essential at each and every workstation.However, this
facility bas been hard pressed to accornonnd..t~ the eqonomics needed to create .6ieDdly
wort environment. Future state-of-the-art methods for processing claims and _,..hi",
employers and job seekers are just around the comer. The new tecbnology will allow
our customers more options such as telephone claim filing. and use of personal , .
computers to list job openings, and review qpa1ified applicant's .........~. We will CODtinue
to provide access to those customers unable to use electronic means.
.
Attachmant 8
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/..? -/7
Em"""""",,t Development Oepanment /l&64lndustrial Boulevard / Chula VI5la! CA 91911-3990
2
-.,
Our office has piloted many methods of identifyiDg client needs in a more efficient
manner; however, the current setup of our office is very restrictive. One method was by
creating a "Start Here" booth. The only open space available to set it up was at the far
eud of the office. To the inl.mMilltf' right are the 9 windows used to file Unemployment
Insurance claims. Even though the "Start Here " booth is to assist all clients, many
clients here for other services attach a significance to applying for Unemployment
benefits due to its location in the office. With a more up-to-date office design we would
be able to direct our traffic flow in a much more efficient manner.
Clients reporting to our office for services can easily find themselves waiting
outside our doors due to the size of our lobby. The lobby is very short and narrow,
creating a very cramped atmosphere. Seating is limited and it's proximity to the
workstations had the potential for creating a very tense working environment. Our lobby
has a current square footage of approximately 2000, plans to expand this by one-third in
a new site will definitely benefit both our employees and our customers.
"""
CLIENT SERVICES
In the past sixteen years. the manner in which EDD provides services to our
customers has drastically changed. We have gone from the old stereotype of .. the
Unemployment Office" to a newer model that eucompasses a wider UlllbreUa of
services. The Department's mission is to provide a labor exchange that meets the needs of
all Californians. We will be continuing to focus on the employer as our primary
customer. Linking employers to job seekers is our ultimate goal. ........,
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3
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With the introduction of computer technology in the early 1980's, EDD has
automated nearly all of the services that we provide to the public. Our clients no longer
report weekly to meet with an interviewer and justify their eligibility. Nor do they report
in person to pick up their weekly checks. In the past, the public's per..e~on of EDD was
tbal of long lines, .....c~s of people waiting, and mounds of complicated paperwork. 'Ibis
is DO longer ttue.
Technological advances continue to strcam1ine the processes necesc"'Y to lICqIIire
services. Filing a claim for Unemployment benefits or registering for Employment
services can for the most part, now be accomplished in a one-time visit to the office.
Payment of Unemployment Benefits ale processed by computer and mailed directly to a
client's home address. Work registrations ale input directly into the Job Match system.
'Ibis system allows statewide access to potential job openings listed with EDD.
. Continuous updates in automation will continue to ensure various service options for all
of our customers.
The customer traffic into the office fluctuates on a daily basis. Traditionally, the
highest traffic into the office occurs early in the week. The greatest concentration of
clients make their initial contact with the office on Monday and Tuesday mornings.
Traffic in and out of the office drops off considerably during the latter part of the week.
During a recent week in which tallies were kept, the traffic patterns were as follows:
.
Monday
Tuesday
Wednesday
Thursday
Friday
188 clients visited office
132 clients visited office
120 clients visited office
103 clients visited office
11 S clients visited office
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4
.........
lbe hours that the clients reported to the office also were tabulated. the averages follow:
8am-8:59am 16.4%
9am-9:59am 13.2%
10am-1 0:59am 11.9%
11am-11 :59am 11.9%
12pm-12:59pm 9.7%
1pm-1:59pm 11.4%
2pm-2:S9pm 9.1%
3pm-3:59pm 8.5%
4pm-5pm 7.9% -.,
The processing of Unemployment Insurance claims is one of EDD's most
important responsibilities. The economic stability of the region has much to say about the
number of claims filed. While many individuals are returning to the labor l'IllIlket, many
more are finding it neccessary to file an initial claim for benefits. EDD's role is to
cletennine eligibility, pay or deny benefits promptly. and assist claimants in re-entering the
labor market. During the past month, the number of initial c1aims filed has sbnmk. lbe
total number of claims tiled for each of the last three weeks is as follows:
Week ending 3-26-94
Week ending 4-02-94
Week ending 4-09-94
778 claims filed
702 c1aims filed
744 claims filed
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STAFFING
EDD's p-eatest asset is our employees. They are motivated, CODScientious
professionals, dedicated to providing the bighest level of quality IIerVices to III their
customers. We currently have a total of 86 employees assigned to the South Bay office.
While this number reflects a large workforce, further explanation is warranted to assure
understanding. Of the total number only 43 are Full-time permanent employees.
24 are Permanent Intermittent staff, these employees are scheduled to work on an as-
needed basis. Their work schedules fluctuate to meet the needs of our customers. On an
. average, they are scheduled to work S-6 hours daily, 3-4 days per week. On any given
day approximately 10-12 Intermittent staff may be scheduled to work in the office.
Additionally, we have a total of 18 seasonal employees ,all seasonal employees are
limited to working a maximum of 194 days per year. These Seasonal employees include:
7 Seasonal clerks: Employees hired to assist permanent clerical staff during
periods of high workload.
.
9 Student Assistants: College students hired to assist Full-time BE's with providing
customer service. One of the qualificaliODS for _ Student
Assistant is that they must be eorolled in college on a Full-
time basis. Their work scbedules are adjusted billed on class
lIChedules, this lIlows them to continue their ecluclllional
goals while gaining useful work experience. The Student
Assistants commonly work an average of 10-20 brs per
week.
2 Youth Aides: High School students hired to pin work experieDce on a
part-time basis. Our youth aides currently are assigned to
work approximately 2-3 hours _day, 10-12 days per month.
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We continually strive to better serve our customers by providing more accessible
services. one method of providing more access to our services has been to create
partnerships with other community agencies that serve some of our same clients. Many
of our staff are currently assigned to perfonn the majority of their work outside of our
main office. At this time we have the following staff outstationed perfonning Job Service
functions.
. 1 staff person assigned full-time at California Department of Corrections
. 1 staff person assigned full-time at the Student Employment office of
Southwestern College
. 1 staff person assigned part-time at the San Diego Factory Outlet Center
. 2 staff persons assigned full-time at the Rohr Transition Center
. 6 staff persons assigned full-time at the South County Career Center
. 6 staff persons assigned full-time at the South Bay GAIN offices
........
As a result of these various outstations. the number of employees that actually
report to the office on a daily basis varies from 36-45 employees. The hours that these
staff routinely report to work begins as early as 7:30am ending as late as 10:00am. with
the majority of employees beginning work between 8:00 and 9:00am. Hours for
departure are consistent with the hours staff began work. The earliest staff begin to leave
is 2:00pm with the last of professional staff IeaviDg the office by 6:00pm. Janitorial
support is supplied by 2 full-time staff that work cveaing hours between 3:00-11 :OOpm.
The majority of staff are scheduled to be at work during our peak hours of operation
which tend to be 8:30am to 3:30pm.
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p.- S 1.
iUU Serving the People of California
April IS, 1994
.
.
Supplement to EDD Report
of April 13, 1994
The relocation of the South Bay EDD office to the Rancho Del Rey Business Park
is vital to EDD's plan of bringing the services to the public rather than the public to the
service. It is essential that the proposed site for our new facility be one with the ability to
meet the many demands of California's economic development. The site selected for lease
is in a centrally located, rapidly expanding area of Chula Vista. The movement of our
office to this site will help us to support employers, our primary customer group. We will
be focusing our efforts on job creation and retention. To accomplish this goal a modem
facility is needed.
As our worldoad distribution changes, our focus will become more directed
towards developing alternative methods for our customers to access our services. EDD
has recognized the need to create and implement various changes that will facilitate a
better distribution of our traffic. Systems have been set in place that will allow for better
control of our traffic. In order to have these systems fully operational in our new facility,
we will be working towards implementing them while still housed in our present facility.
EDD Business Plans for the next two fiscal years includes many innovative
techniques. The services to job seekers will cootinue to expand to a more automated self-
belp system. We will cootinue to provide in-person services in our office BDCI at partner
locations for those clients nee.lillg personal assistance. Staff will be assigned to provide .
those services to our customerS in the method that is most convenient for everyone
involved.
/.;?-s~
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.. _I_._~_. n-...-I___..... f"'-ft:l19""_"'!
"'"'"
We have implemented an appointment system. and have had some success. The
use of an appointment system has many benefits for both our customers and the office. It
allows for the workload to be distributed throughout the workday. thereby allowing more
tlexibility in the bours employees are scbeduled to work. It has allowed us to better
coordinate the times staff are scheduled to report to work. However, some pans of the
state have been able to implement telephone appointment scheduling. This allows
customers to contact the office at their convenience, schedule an appointment and
conduct their business with EDD in a fast, efficient manner. Unfortunately ,our present
telephone system does not have the either the capacity or features needed to schedule
appointments by phone. It is anticipated that in our new facility a state-of-the-art
telephone system will be utilized to schedule various appointments by telephone.
To reduce client traffic in and out of the office, EDD is implementing an ..........
automated call processing system. This system is already in place in another part of the
state, and has been very successful. Customers will be able to make a single phone call
and access a variety of recorded messages that provide information about EDD services,
as well as services provided by other agencies. This system will do much to eliminate the
daily traffic that is seeking information only.
In January 1994 a Telephone Claim Filing office was opened in Richmond,
California. This project allows for the residents of seven Northern California towns to
file their Unemployment Insurance claims by telephone. This prevents clients from
having to travel long distances to apply for benefits. In addition, if more information is
needed to complete the processing . clients are notified by mail and offered options on
methods of resolving the issue. Based on the success of this pilot project . it will be
implemented statewide by end of 1995. This in another way that the daily traffic in the
office will be reduced. ..........
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1be BOD has always offerred many flexible wolk scbedules for it's employees.
We encourage carpooling and provide incentives for the use of public transportation.
When we are able to fully utilize the above programs in our DeW fiIcility . our employees
will wolk outside of the peak commuting hours for the surrounding community.
BOD's New Directions encourages the use of IIItomation and technological
advances to keep pace with an ever-changing workplace. With the options explained
above. BOD will be able to operate an efficient, modern office that will serve the South
Bay well into the future. It will blend well with the business environment of the Rancho
Del Rey Business Park and its impact on the surrounding community will be minimal.
1be services we provide will be a benefit to the entire South County.
. If I can be of any further assistance, please do not hesistate to contact me.
.
Sincerely,
~?
Kay Riley
Manager, EDD San Diego South Bay
KRlRDA
,
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ATTACHMENT 9
DISCLOSURE STATEMENT FOR PCC-94-38
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. 11m CITY OF 0fl.JJ..A VISTA DISClOSURE STATEMENT
You arc required 10 file a 51alement or Disc:losure or cenain ownership or linancial intereslS. paymenlS. or campaign
contril\ulions. on all matte", which will require discrelionary aclion on Ihe pan or Ihe Cily Council. Planning Commission, and
all olher oRlc\al bodies. The following inrurmalion must be disclosed:
I. UsI lhe names of all pc:rsuns having a financial inleresl in Ihe properly which is Ihe suhjecl of Ihe applicallon or Ihe
CXlnuael, e.... owner, applicant. contraelor. subeonlraclor, malerial supplier.
".+.rn ~v~nn_ Tnr- _ . ~A14~nrni~ Corpora~ion
Mike lbe. preaident
9655 Granite Ridqe Drive. Suite .240
(619) 277-3331
San Dieqo. CA 92123
2. Ir any person. idenlilied pursuant 10 (1) above i.~ a corporalilln or pannership, lisl Ihe names or all individuals owning
IIlOre lhan 10% of lhe shares in Ihe corporation or owning any pannership inleresl in lhe pannership.
Mike lbe 50\
John lbe 50\
3.
If any person. idenlified pursuant to (1) above i.~ non.profit organization or a Iru.~I. IIsI Ihe names of any person
IeMng IS director or the nun. profit organization or ..~ 1Iu.~lce or bcnenciary or truslor or lhe lrus..
.
4.
Have you had more lhan 5250 worth or business lransacted wilh any meml\er of lhe City slarr. Boards. Commissions,
Commiuee5, and Council wilhin Ihe pasllwclvc munths? Yes_ No.!.- If yes, please Indicale person(s):
s.
Please identify each and every person. including any agenls. employees, eunsullants. or IndependenllXlnlrlelors who
)'Ou have assigned 10 represenl you before Ihe Cily in Ihis matter.
Gene Cipparone-Arehiteet. Inc., a California corporation
Mr. Gene Cipparone. Prea.
9655 Granite Ridqe Drive, Suite .255
(619) 569-9100
San Di890, CA 92123
6. Have )'Ou and/or your officc", or agenlS. In Ihc a"regale. IXInlrlbulecl more lhan 51,(100 10 a CoullCilmembcr In Ibe
currenl or preceding ciccI KIn period? Yes_ No,lL If yea. stale whlcb Councllmemher(s):
__tc:
· · · (Nom AnadI addltioul .... .
2'~
r-fIIa\E ~1eB' .~
A ttBehment 9 Prlnl or type name of CXlnlractorlapplicanl
- (/1- /..7-$ Y .
· lI!I!!!! il4q1nt4 "" ""''''' illdM,.,a/, fimo, ",.,,-.Np, j<JiN -. -iGIiGft, - <1Mb,,,..... "'JIM "-~-. ...,...... - - ........IJIf/Ik-.
- .
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PUBIJC HEARING a-IECK IJST
PUBIJC J-lEAR]NG DATE: ..s /r, /9 ~
SUBJECT: ~....J \.L O.v-.J t:. LJ~ J~, ~.
LGeATi0l4. ..J-.~l-- ~......:J ~~ "t- ~:,,~ "b}---'-'
~ ~u-J-, el.J ~ p_ 10'-\$ ~ J-.J h,'
SENT TO STAR NEWS FOR PUBLICATION -- BY FAX /; BY HAND ; BY MAlL
~/1 J~'i (,S..fT -
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"'- (? <?.-
PUBLICATION DATE
MAlLED NOTICES TO PROPERTY OWNERS
NO. MAlLED
PER GC ~54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK S / '-I
COPIES TO:
Administration (4) ,./
Planning ./
Originating Department
Engineering ,/
Others
City Clerk's Office .(2)
POST ON BULLETIN BOARDS
SPECIAL INSTRUCTIONS:
7/93
.55.
/02- ?/
NOTICE OF PUBLIC HEARING BY THE
CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY
COUNCIL of the City of Chula Vista, California, for the purpose of considering an application
for a conditional use permit. The application, submitted by Western Devcon, Inc. as agent for
the State of California, Employment Development Department, requests permission to establish
an employment education and assistance office in the PC zone in Rancho del Rey at 1045 Tierra
Del Rey. A plot plan and legal description are on file in the office of the Planning Department.
The Enviromnental Review Coordinator has conducted an Initial Study (IS-94-23) regarding the
potential enviromnental impacts of this project and has determined that the previous
enviromnental documents (EIR-87-01 and EIR-92-02) provide an adequate enviromnental
analysis of the project. An addendum to EIR-87-01 was prepared.
Any petitions to be submitted to the City Council must be received by the City Clerk's office
no later than noon of the hearing date.
If you wish to challenge the City's action on this conditional use permit in court, you may be
limited to raising only those issues you or someone else raised at the public hearing described
in this notice, or in written correspondence delivered to the City Council at or prior to the public
hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, May 17,
1994 at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at
which time any person desiring to be heard may appear.
DATED:
May 3, 1994
CASE NO. PCC-94-38
/.,j- ~.L
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LOCATION
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CHULA VI ST A PLANNING DEPARTMENT
(!) APPlICANT:WESTERN DEVCON PROJECT DESCRIPTION:
CONDmONAL USE PERMIT
ADDRESS: 1045 TlelT. Del Rey Proposal to establish an office for
SCALE: FILE NUMBER: unemployment assistance. New construction.
NORTH 1" = 400' PCC - 94 - 38
/c;J - t,3
NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold
a public hearing to consider the following:
Considering an application for a conditional use permit submitted by Western
Devcon, Inc. to establish an employment education & assistance office in PC
zone in Rancho del Rey @ 1045 Tierra Del Rey.
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, May
17, 1994, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth
Avenue, at which time any person desiring to be heard may appear.
DATED: May 4, 1994
Beverly A. Authelet
City Clerk
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CllY OF
CHUlA VISTA
OFFICE OF THE CITY CLERK
TELEFAX COVER LElTER
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276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5041
~ l'S)_~"'-"'''''-LN'~'c\ C-;'
"-'. \)1:)
600 6003 DRl12 202024 FINAL PAYMENT #8
ACCOUNT NUMBER
FUND DEPT. OBJECT PROJECT OUA P,Q REFERENCE
AMOUNT
34,665.92
",,\
TOTAL
34,665.92
1/il!1'" -~
:{1;~~ y, ,,' LA VISTA BA1ANCH
,j,c,.\"BANK OF AMERICA
:1J!Ift EST., CHULA VISTA, CA 92010
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CITY OF CHULAVlSTX'"
CHULA VISTA, CALIFORNIA
16.-66/\220
204834
.-r' VOID AFTER' MONTHS
· ,: r DATE 5-4-94 CHECKNO ZQ4834 AMOUNT $34,665.92
I~"~~I;;:FOUR THOUSAMDS:'H~:~~~t- I . ,. <
'i'~.\ ' ' ,QtfVOf',QHU!.A VieT A
roTHE WHILLOCK CONTRACr.ING, INC."'b'~;l~,,!,qr""OFR'" LZ
ORO~ EA 0 M~~~ g2~1943-2322 ~~.,,, ~~;, .
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WHILLOCK CONTRACTING. INC.
LICENle NO. 572217
P.O. Box 2322
La Mesa. California 91943-2322
579-0700
EXCAVATING . GRADING · DEMOLITION
4/27/94
City of Chula Vista
Eng. Division
276 Fourth Ave.
Chula Vista, CA 91910
"
~ECEIVEO "Al 0 ~ e'
Project: Naples St. Channe., Chul'l. Vista
Rebill of Bill 17
Billed Retention on Project 2/22/94. This was our Completion date. All 'Bills submitted to, City
of Chula Vista have been Chanp;ed.
Retention due is 10% of The Contract Approved to date.
Due on 4/26/94. (35 days after Notice of Completion filed).
Interest will be Charged on Past Due amounts at the rate of 10.00% per annum.
Without prejudice to further claims.
12.~T1.ON. 'D"'G - ""!.1.\,I:.6S.'~2.
~~ A-7iI'\<.Heo ~1l...e1i"~C:>w~
1\'1"1':0 ,?p,.y'Mt;~T '6tt'IrL.L U)...t~T;T\)TC "n+E Fi..tlftl..- PAyl"l~T of
PILL F"'~O~ i)vG vJt!-\LLoc.t.( C.Or\TtA<--TI~(,., ,.fOoLC-. 1=c/l.
\'-lot-II<.. VN.O~ 'll-t l'~ c.ol4'{"'4.J't<....-r' (N.1*rIL~5 ~T. c..~N"U!L).
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.
FINAL PAYMENT FOR NAPLES ST DRAINAGE CHANNEL AR028
1. PROTECT I 011' a.
RESTORATI01l'
2.CLEAR a. GRUBBI1I'G
3.GB1I'. BARTHWORK
4.EXPORT MATERIAL
!5.36" RCP
6.60" RCP
7.TYPE A HBADWALL
8.TYPB A CLEA1I'0UT
Q.XODIFIED PIPB
COLLAR
10. TRAPEZOIDAL
CHADEL
11. TRANSITION
STRUCTURE
DOWliSTRBAX
12. TRANSITION
STRUCTURE UPSTREAM
13.RIP RAP
STRUCTURB
14.CHAINLINK FBNCE
15.PCC ACCESS ROAD
16.CUTOFF WALL
17.CBLLULAR
CONCRETE MAT
18. 72" RCP
19.PCC SWALB
20.CONCRETB INVBRT
21. XASONRY WALL
22.REVEGBTATE
WBTLAllrD
23.LANDSCAPB
MAIlfTENANCB
TOTAL CONTRACT WORK
EXTRA WORK #4
BXTRA WORK 117
BXTRA WORK #8
BXTRA WORK #9 a. #11
BXTRA WORK #12
BXTRA WORK #13
EXTRA WORK #1!5
TOTAL BXTRA WORK
TOTAL COlfTRACT
PRBVIOUS PAYME1I'TS
TOTAL FI1I'AL PAYMENT
UNIT UNIT COST FINAL QUANTITY FINAL COST
LS
LS
LS
LS
LF
LF
LS
LS
BA
LF
LS
LS
CY
LF
SF
LS
SF
LF
LF
LF
SF
LS
LS
LS
LS
LS
LS
LS
LS
LS
11,550.00
38,609.00
32,883.00
9,240.00
49.13
154.88
2,431. 00
2,656.00
742.00
1.00
1. 00
1.00
1. 00
41.00
8.00
1.00
1. 00
2.00
1!50.00
88.00
5.390.00
1. 00
4.950.00
1.00
68.15
88.80
12.68
4.40
660.00
7.80
1,675.00
2,917.02
1. 00
17,583.99
213.78
HI. 50
26,40
9.99
9,042.00
2,954.00
31. 00
0.00
610.00
311.10
1. 00
1.00
298.61
322.24
2,739.39
574.15
310.44
790.90
201.25
1. 00
1. 00
1. 00
1. 00
1. 00
1.00
1. 00
LY~~ --3
11,550.00
38,609.00
32;883.00
9,240.00
2,014.33
1,239.04
2,431.00
2,6!56.00
1,484.00
13,200.00
!5. 390'; 00
4,9!50.00
6,051.72
21,239.00
12,834.89
660.00
137,155.12
6,627.18
0.00
16.104.00
3,107.89
9,042.00
2,954.00
341, 422. 17
298.61
322.24
2,739.39
!574.15
310.44
790.90
201. 25
5,236.98
346,6!59.15
~1\."I'l3.ZS
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ilf!-rff Wd~
too t Y $;<f"fl.'"
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C(.fI,i.,'/W "f- C.lletIJ,{.IC-
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_1 ""Hi. $ flf" .
f{€ V6~Er/lT"dtl r-~ X 9d Cf 2.
L~;VIN'CI9"E mlJ,~T r~;( z.,f'f
su4 7"d 7/1 L
fr/lrJ"" ''':-: ,
rTII /(, "I f'r
ToTAL
f f' /3. '" "
l('lfll.tJu
If 'J". tiP
'!'3{,.110
106. , a
'+,2.. ,0
11(.8'. '" -
$[72)."0
$ A ~TfI wNt((.. 3() ey GXP""".,f
~//'f plI~rllwdlK.
Ctf,9-fl"#~ If- &.fl-UB&,'~t. ,()r"Jf'"
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I"~ ." 0
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4- 30'. II 0
.,f $~()O. () 0
.I /OlfZ1.'/f} () ,
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WHILLOCK CONTRACTING . INC.
LICENSE NO. 572217
P.O. Box 2322
La Mesa, California 91943-2322
579-0700
EXCAVATING · GRADING · DEMOlITION
"
10/29/93
CITY OF CHULA VISTA EXTRAS
Masonry Wsll
Change Order #4 8/17/93
Trsnsition Structure 9/7/93
J.E. Fox Chsnge Order #5
Change Order #6 9/8/93
Chang8 Order #7 9/9/93
Change Order #8 9/16/93
Change Order #9 9/20/93
Change Order #10 9/23/93
Change 6rder #11 9/27/93
Change Order #12 9/28/93
ehange Order #13 10/13/93
Change Order #14 10/18/93
Change Order #15 10/19/93
Change Order #16 10/26/93
Change Order #17 5/11/93 - 10/27/93
Change Order #18 9/24/93
Change Order #1
Change Order #2
Change Order #3
Extra Gunite
5/26/93
5/28/93
6/1/93
7/13/93
-VOID- See Change Order #17
-VOID- See Change Order #17
11CY. x $65 per CY. x 2 (labor)
as eon tract
$18,454.97 - $10,340.00=
6/11/93
(Per Gail Nickels Breakdown)
612.82
1,430.00
N/A
350.23
8,114.97
3,021.13
952.42
338.99
2,890.76
508.05
1,016.71
94.58
355.12
1,290.74
1,519.74
1,046.20
.348.65
57,198.72
3,147.60
10/27/93 TOTAL TO DATE $84,237.43
New e-)( tr-CA- o.JD()(.)'~-
$O()tOOD ,DO
6/~~
/
-~
COUNCIL AGENDA STATEMENT
Item 1 J
Meeting Date 5/17/94
SUBMITTED BY:
Public Hearing Formation of a Reimbursement District for the
conversion of electric utilities associated with Telegraph Canyon Road -
Phase II
Di,""', of Publi, w,,~
City Manager~ ~ A (4/5ths Vote: Yes_No X)
ITEM TITLE:
REVIEWED BY:
On May 3, 1994, by Resolution 17473, the City Council initiated proceedings for the formation
of a Reimbursement District along Telegraph Canyon Road and called for a public hearing on
May 17, 1994 to establish the district. Staff is fmalizing the report.
RECOMMENDATION: That Council continue the Public Hearing to June 7, 1994 at 4:00
p.m.
TAlFilc No.: RG-002
WPC M:\homc\<nginccNgondaI1918.94
13-/
COUNCIL AGENDA STATEMENT
SUBl\Un'ED BY:
Item~
Meeting Date 5/17/94
Resolution 17 '19 t1 Accepting bids and awarding contract for "Tree
planting project at various ~a~i~ in the City of Chula Vista, CA (PR-189)
Director of Public Works yrv ()
Director of Parks and ~tio~
City Manage~ ~ /"'7 (4/5ths Vote: Yes_NoX)
ITEM TITLE:
REVIEWED BY:
At 2:00 p.m. on April 20, 1994, the Director of Public Works received sealed bids for "Tree
planting project at various locations" in the City of Chula Vista, CA (PR-189). The work to be
done consists of planting 688 trees at various locations within the City.
RECOMMENDATION: That Council approve the resolution accepting the bids and awarding
contract to the lowest responsive bidder, Heffler company, Inc. in the amount of $65,104.00.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
This project is funded by a grant from the Small Business Administration (SBA). Due to funding
requirements, contract shall be awarded only to an eligible small business entity with 100 or less
employees. Funds for the tree planting project were included in the 1993-94 CIP budget (PR-189).
Bid Results
This project was advertised for a period of one month beginning March 19, 1994. During that
period, plans were purchased by several contractors and on the bid opening date, bids were submitted
by six contractors. The bids received are as follows:
$42,400.00
65,104.00
68,640.00
76,899.00
87,920.00
117,120.00
1.
2.
3.
4.
5.
6.
New World Landscape Co. - San Diego
Heffler Company, Inc. - San Diego
A & B Landscaping, - San Diego
Atlas Environmental Services, Inc. - Spring Valley
Golden Bear Arborists, Inc, - Monrovia
GIM General Engineering. - Encinitas
The low bidder was New World Landscape Co., San Diego. The license for this contractor is held by a Chula
Vista city employee in the Park and Recreation Department. Staff conferred with the City Attorney to consider
the legality and appropriateness of awarding this contract to New World Landscape Co. It was determined that
the bid should be rejected because the contractor license is held by a City employee and the employee's supervisor
or other superiors will be required to approve the work required under this contract. This is in violation of Section
/'/, J
Page 2, Item J f
Meeting Date 5/24/94
1126, "Inconsistant or conflicting employment, activity or enterprise by local agency officer or employee; political
activities not restricted" which provides, in part as follows:
"(a). . . a local agency officer or employee shall not engage in any employment, activity, or enterprise for
compensation which is inconsistent, incompatible, in conflict with, or inimical to his or her duties as a
local agency officer or employee or with the duties, functions, or responsibilities of his or her appointing
power or the agency by which he or she is employed. The officer or employee shall not perform any
work, service, or counsel for compensation outside of his or her local agency employment where any part
of his or her efforts will be subject to approval by any other officer, employee, board,or commission of
his or her employing body, unless otherwise approved in the manner prescribed by subdivision (b)." and,
the City's Incompatible Activities Code which provides at Section ILA, as follows:
"All employees and officers of the City and Agency are prohibited from engaging in any outside
employment, enterprise, or activity for compensation that is not expressly authorized by the City or
Agency which..
5. may be subject to direct or indirect inspection, review, audit, control, approval, or enforcement by any
City or Agency employee or officer... "
Therefore, we recommend that New World Landscape Co. be disqualified. The second lowest bid was submitted
by Heffler Company, Inc. It is below the engineer's estimate of $65,680 by $576. Staff conducted background
check and performed past experience evaluation and determined that Heffler Company, Inc. has the resources to
complete the project on schedule and within budget. We have reviewed the bid and recommend awarding the
contract to Heffler company, Inc. Attached is a copy of the Contractor's Disclosure Statement. The trees will be
planted at seven City parks (Exhibit I), 13 open space districts (Exhibit 2), and in the Castle Park neighborhood
of Chula Vista (Exhibit 3).
Environmental Status
The City's Environmental Review Coordinator has determined that this project is categorically exempt under Class
I, Section 15301 "Minor Alteration" of the California Environmental Quality Act.
FINANCIAL STATEMENT:
The source of funding for this project is SBA grant. No prevailing wage requirements were necessary or part of
the bid documents. However, disadvantage business enterprises were encouraged to participate and the project was
advertise with several DBE publications per the City's outreach policy.
..~..~~..JI'Qlt(:t9~VQ'l.1;QN...........
1. Contract Amount $65,104.00
2. Contingencies (5%) 3,255.00
3. Inspection Staff 3,255.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $71,614.00
.........~$"'y~tJt~QQN$j;'gV~l't<l)\l.>........
I CDBG PR-189 $71 ,614.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $71 ,614.00
1'/' ;l.
Page 3, Item ) 1
Meeting Date 5/24/94
FISCAL IMPACT: The proposed action will authorize the expenditure of $71,614 from the CIP project
PR-189 for the purposes of executing the contract and covering related staff costs. The newly planted
trees will require routine City maintenance amounting mainly to periodic trimming.
SA:JR-082
Attachments:
Contractor's Disclosure Statement NOT SCANNED
Exhibits (3)
WPC M:\homc\engineer\agenda\l910.94
/'1-3 / JI/-'f
RESOLUTION NO.
17'190
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING CERTAIN BIDS AND AWARDING
CONTRACT FOR "TREE PLANTING PROJECT AT VARIOUS
LOCATIONS IN THE CITY OF CHULA VISTA,
CALIFORNIA (PR-189)"
WHEREAS, at 2:00 p.m. on April 20, 1994 in Council
Chambers in the Public Services Building, the Director of Public
Works received the following sealed bids for "Tree planting project
at various locations in the City of Chula Vista, CA (PR-189)":
1.
2.
3.
4.
New World Landscape Co. - San Diego
Heffler Company, Inc. - San Diego
A & B Landscaping. - San Diego
Atlas Environmental Services, Inc. - Spring
Valley
Golden Bear Arborists, Inc. - Monrovia
GIM General Engineering. - Encinitas
$42,400.00
65,104.00
68,640.00
76,899.00
5.
6.
87,920.00
117,120.00
WHEREAS, staff urges the rejection of the low bid by New
World Landscape because the contractor license is held by a City
employee and the employee's supervisor or other superiors will be
required to approve the work required under this contract in viola-
tion of Section 1126, "Inconsistent, incompatible or conflicting
employment, activity or enterprise by local agency officer or
employee; political activities not restricted" which provides, in
part, as follows:
"(a) . . . a local agency officer or employee shall not
engage in any employment, activity, or enterprise for
compensation which is inconsistent, incompatible, in
conflict with, or inimical to his or her duties as a
local agency officer or employee or with the duties,
functions, or responsibilities of his or her appointing
power or the agency by which he or she is employed. The
officer or employee shall not perform any work, service,
or counsel for compensation outside of his or her local
agency employment where any part of his or her efforts
will be subject to approval by any other officer,
employee, board, or commission of his or her employing
body, unless otherwise approved in the manner prescribed
by subdivision (b)."; and,
the city's Incompatible Activities Code which provides, at Section
II.A, a$ follows:
1
1'1-5'
"All employees and officers of the city and Agency are
prohibited from engaging in any outside employment,
enterprise, or activity for compensation that is not
expressly authorized by the city or Agency which:. . .
5. may be subject to direct or indirect inspection,
review, audit, control, approval, or enforcement by any
City or Agency employee or officer; . . ."
, and
WHEREAS, the second lowest bid was submitted by Heffler
Company, Inc. and is below the Engineer's estimate of $65,680 by
$576, and staff recommends awarding contract to Heffler Company,
Inc.; and
WHEREAS, the City's Environmental Review Coordinator has
determined that this project is categorically exempt under Class 1,
section 15301 "Minor Alteration" of the California Environmental
Quality Act.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND,
DETERMINE, RESOLVE AND ORDER, AS FOLLOWS:
Section 1. The City Council does hereby concur in the
determination of the City's Environmental Review Coordinator that
this project is categorically exempt under Class 1, Section 15301
"Minor Alteration" of the California Environmental Quality Act.
Section 2. The city Council hereby rejects the bid of
New World Landscape for the reasons recommended by Staff herein-
above set forth and incorporated herein by such reference.
Section 3. The City Council accepts the second lowest
bid and awards the contract for "Tree planting project at various
locations in the City of Chula vista, CA (PR-189)" to Heffler
Company, Inc. in the amount of $65,104.00.
Section 4. The Mayor of the city
hereby authorized and directed to execute said
behalf of the City of Chula vista.
Presented by
d"j
a vista is
for and on
John P. Lippitt
Director of Public Works
Bruce M. Boogaa
City Attorney
M:\Ho.e\Attorney\.ay17\Trees.8id
2
1'I,t
.
CITY PARK TREES
The following Is a listing of parks. tree types and quantities to be supplied and planted for each
of the six (6) city parks Included In this project. The graphics Included Indicate approximate
locations for the trees In each park. Exact locations will be verified In the field prior to the
Installation of the trees. Access Is existing for all locations. Tree types and sizes are Identified
below and on each graphic. Trees are to be 'standards' unless otherwise specified.
P:lI\(
Tree Tvnes !';/>A o anntttv
Cercls occlndentalls Western Red Bud 15gal. 10
Trlstarla conferta Brlsbane Box 15 gal. 30
Platanus racemosa Calif. Sycamore 24' box 40
Popuus fremonfll Cottonwood 15 gal. 60
Koe~euterla blplnatta Flame Tree 24' box 40
Pinus torreyana Torrey Pine 15 gal. 14
Quercus agrlfolla Coast live Oak 15 gal. 16
Platanus racemose Calif. Sycamore 15 gal. 30
Euc. poIyanthemos SIver Dollar Gum 15 gal. 15
Platanus racemose Calif. Sycamore 15 gal. 15
POOl Jus frAmOntll Cottonwood 1500. 10
210
BonIta Long Canyon
Discovery Park
Eucalyptus Park
Halecrest Park
Paseo Del Rey Park
Rohr Park
Total Tr...:
~M~
-ft-
~-~
01Y Of
QUA VISI'A
.............................................................. 1
flu. No oa.e
Ilov. A..,. I '1- 7
Reo'. Ile\'. ,i,;.~. ..
OPE~ SPAC~ TREES
The following Is a listing of tree types and quantities to be supplied and planted for each
landscape maintenance district. Maps that Indicate the exact location will be provided to the
contractor after award of the tree planting contract. All tree planting locations are In open
space lots adjacent to city streets. Access Is existing for all locations. All trees are 15 gallon.
Street trees are to be "standards" and slope trees are to be "multi-trunk" unless otherwise
specified.
Dth1ct #
Tree Tvoe Or"l"'ltftv
Schlnus tereblnthlfollus Brazilian Pepper 16
Xylosma congestum Shiny Xylosma 8
Rhus lancea African Sumac 16
Jacaranda acutlfolla Jacaranda 4
Arbutus unedo Strawberry Tree 8
Eucalyptus nlcholll Willow Leaf Euc. 4
Eucalyptus nlcholll Willow Leaf Euc. 4)
Rhus lancea African Sumac 16
Acacia balleyana Bailey's Acacia 16
Geijera parvlloia Australian Willow 24
Feijoa sellowlana Pineapple Guava 24
Arbutus unedo Strawberry Tree 4
Quercus agrlfolla Coast Live Oak 4
Heteromeles arbutlfolia Toyon 16
Platanus racemosa Califomia Sycamore 24
Rhua lancea African Sumac 16
Erythrlna cOlTalloldes Naked Coral 2
Pinus canarlensis Canarv Island Pile 6
248
~(~
-ft-
~ ~
01Y Of
QUA VISTA
. District 1:
. District 2:
. District 3:
. District 4:
. District 8:
. District 9:
. District 10:
. District 11:
. District 14:
. District 15:
. District 18:
. District 20:
. District EL:
Total Trees:
............................_........._n.......................... 2
Rlu. No. ) t/~ F'
Oa!.
llev. .."
.." Reo.', _"'.::of:" "
COMMUNITY APPEARANC~ PRQGRAM TREES
The following Is a listing of tree types and quantities to be supplied and planted for the
Community Appearance Program In the Castle Park nelghborhhood of Chula Vista. The
following Is a listing of the streets where the trees are going to be Installed. Exact addresses are
not available at this time. but will have been determined when the project Is ready for
Installation. All trees are to be planted In the parkways. between the curb and sidewalk. All
trees are 15 gallon. Street trees are to be "standards'. unless otherwise specified.
Street
Alpine
Amy Street
Del Mar
Dixon
Elm
Emerson
First Ave.
Gentry Way
Glenhaven
Henry
Leoma Ln.
Oxford
Naples
Second Ave.
Ski Way
Tobias
Twin Oaks
VIsta Wav
Total Trees:
Trea Tvoe
0. rntIv
To be determined by Stoff prior to Installation
UD
160
~~~
tftj
01Y Of
QUA VISTA
......................................-....................... 3
)/j~ 7
Rilo.No. Da!.
_. A.".
..,. Jleo.... .;",c'f'"
J-
-_.
/1
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You ate requited to ftle a Statement Of OlIClOIUre of certaln ownerShiP or lInanclallntereslS. payments. or campaign
contrIbUtIoN. on all matte" 1IIIhIch \OIIl tequ.e discretionary acfton on the part Of the CIty COlIlCIl. PIaMng CommIIIIon.
and at other ol1lclalllOdlel. the loUowtng Inlormafton mull be dIIClOled:
1. lJIt lhe names of all personI haVIng 0 ftnonclallnterest In the property 1IIIhIch lithe Il.tlject oflhe appIlcafton or lhe
contract. e.g.. owner. appIcant.controctor.IlAX;oI.1raCtor. maledalllJllPller.
"e..~~ (~tl\Pa.""f J :ewe..
.
2. If ant person. ldenftfted P\IIUant to (1) aboVe II a corporafton or pcIl1neIINp.1It the nom_ of aIIlndMduall owning
more than Ill'- of the ~_In the corporafton or owning cny partnersNp Interest In the partnerlHp.
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COUNCIL AGENDA STATEMENT
Item If
Meeting Date 5/17/94
ITEM TITLE:
Resolution /71/9 ~doPting Council Policy on Sewage Pump Station
Installation and Financing ~f .~'tenance and Operation Costs
Director of Public Works ryrv
City Manage~ ~ (4/5ths Vote: Yes_ NoX)
Council Referral No. 2466
SUBMITTED BY:
REVIEWED BY:
There presently is no set City- policy on the construction of sewage pump stations and revision
of sewage pump station fees. City Council requested that Staff create a policy for future
decisions regarding sewage pump stations. Council's concern was that homeowners are being
required to pay pump station fees while no mechanism is in place to assure that developers
install such stations only in situations where they are justified from an overall economic
viewpoint.
The policy was to establish (1) criteria for allowing the construction of sewage pump stations
and (2) provisions for the payment of the maintenance and operation (M/O) costs associated with
sewage pump stations.
RECOMMENDATION:
That Council adopt the resolution establishing a Council Policy on the installation and financing
of maintenance and operation costs of sewage pump stations per the attached Policy Statement.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
Sewage pump stations are needed to provide sewer service to areas where gravity sewer lines
cannot be constructed due to natural topography, where it is not feasible to acquire easements
for the construction of gravity sewer lines or where a development site is remote from any
existing gravity system.
The City has twenty permanent and temporary sewage pump stations in operation. Attachment
"A" lists the locations of each of the sewage pump stations and the financing methods used for
payment of their individual maintenance and operation costs.
Each of these stations was installed in accordance with Council action based upon staffs
recommendation at the time of their construction. Because the City's position has generally been
one of encouraging west to east development, thereby discouraging "leapfrog" development
15../
Page 2, Item
Meeting Date 5/17/94
patterns, our emphasis has been on making the gravity sanitary sewer system for each
development work. No specific justification study for each pump station was required.
Five methods for fInancing the operation and maintenance costs have been used by the City up
to now. Discussion of these methods follows:
EXISTING PUMP STATION FINANCING METHODS
1. Annual Assessment Method:
The charges for a number of sewage pump stations are estimated based on the previous year's
maintenance and operation (MID) costs. The estimated fiscal year MID costs are equally
divided among the properties connected to the station and are currently annually assessed by
Council action and collected with the sewer service charge on the water bill or on a separate
sewage pump station bill.
This fInancing method is used for a permanent sewage pump station serving Rancho Robinhood
II, and several temporary sewage pump stations in the City. The developments being served
could not be connected to a gravity sewer system due to the topography, location of the nearest
gravity sewer line or diffIculty in obtaining easements. The developments connected to the
temporary sewage pump stations will eventually connect to a gravity sewer line after additional
gravity sewers are constructed. Residents or owners in the following subdivisions pay the
corresponding monthly charges under this method:
Subdivision
Candlewood
Mission Verde
Chula Vista Woods
Woodcrest
Rancho Robinhood II
Monthly Chare:e
$ 3.10
6.00
3.00
7.50
19.00
Approximate number
of prooerties connected
203
125
76
82
11
Monthly
Revenue
$ 629.30
750.00
228.00
615.00
209.00
2. Annual Assessment Followine: Developer's Initial Contribution Method:
In the seoond method, which is a variation of the fIrst, both the developer and the homeowners
share in the MID costs until enough units have been sold to allow the homeowners to finance
the full MID costs based upon a predetermined amount per unit or until a given number of the
units have been sold. At that time the developer is relieved of his requirement to pay.
Thereafter, all MID costs are to be paid by the homeowners with the water bill, after an annual
assessment process by Council.
The EastLake Greens sewage pump stations are fInanced using this method. Three temporary
sewage pump stations are included in this plan. EastLake Development deposited $19,000.00
for the initial MID costs of the stations. Residents are paying a monthly fixed charge of $0.75,
$1.00, $1.50 or $2.00 per Equivalent Dwelling Unit (EDU) for the MID costs based on the type
of residence and whether the wastewater from the property flows through one or two sewage
pump stations. For residences served by one sewage pump station, multiple-family dwelling
15" .2.
Page 3, Item / f
Meeting Date 5/17/94
units pay $0.75 each and single-family dwellings pay $1.00 each. Multiple family units served
by two sewage pump stations will pay $1.50 each and single family dwellings will pay $2.00
each when the area served by two pump stations is developed.
If the amount collected from the residents is insufficient to cover the annual M/O expenses the
City can request payment from EastLake for the remaining amount under an existing agreement.
We have requested Eastlake for contributions and they have paid us. EastLake Development
will discontinue contributing towards these expenses when either sufficient funds are collected
from the residents in a year to pay the annual M/O costs or when 75 percent of the total number
of EDU's within each subarea have been collI\ected to the sewage pump station. The charge to
the residents will then be annually adjusted in the Council assessment process as necessary to
ensure that enough revenue is collected to pay the M/O costs. The initial rates (varying from
$.75 to $2.00 per month) are fIxed rather than being pegged to inflation. Onced fully developed
the rates will be based on actual costs spread to each unit based upon the number and cost of
pump stations that that units sewage flows through.
3. Developer Deposit Method:
The third method assumes that a specifIc rate of return on investments and a specifIc inflation
rate will exist over a particular lifetime of the pump station and, further, that a specifIc annual
M/O cost will exist for the given lifetime. The developer is required to deposit a sum of money
adequate to cover these costs.
In 1983, the City estimated that the interest on a lump sum deposit of $34,000 would pay the
M/O costs of the permanent Rancho Robinhood III sewage pump station for a period of 20 years
along with the cost of a one-time replacement. It should be noted that this pump station was not
anticipated to be temporary. This station serves 14 properties within Rancho Robinhood III.
Since the homeowners are not billed separately, the M/O costs would have to be paid out of the
general sewer budget by all of the City's rate payers after the developer's deposit was used up.
The estimate assumed that the rate of return on the investment would be 10 percent per year and
that the average annual M/O cost would be $3,600. Inflation was not factored into this original
study. Rancho Robinhood III was the only pump station fInanced this way.
Staff recently performed an additional economic analysis to verify whether the initial payment
of $34,000 will be sufficient to pay the M/O costs of the sewage pump station as anticipated.
We used average interest and inflation rates of7.4% and 4.0% per year, respectively, from 1986
to 1992. Based on information from the Rancho Robinhood II sewage pump station, the initial
annual M/O cost of the Rancho Robinhood III pump station in 1983 was re-estimated to be
$2,700. Our study concluded that the payment of $34,000 will be sufficient to pay for only 17
years of service (until 2000) and no replacement.
4. Public Entitv Contract Method:
The fourth financing method is demonstrated in the instance of the "J" Street Marina Park area.
In this method, the City directly charges the actual M/O costs to the public property owner (the
San Diego UnifIed Port District).
/5-3
Page 4, Item /$
Meeting Date 5/17/94
The Public Works Department itemizes the actual expenses incurred to service the sewage pump
stations. We bill the Port District for these costs quarterly, in arrears, in accordance with an
agreement between the City and the Port District.
This method is suitable only for a situation in which a very small number of non-single family
properties is connected to a sewage pump station. If a large number of properties were
connected, it would be difficult to recalculate the costs and bill each property at a different rate
each billing period.
5. Overhead Method:
This method incorporates the sewage pump station expenses into the overall sewer budget, which
results in all City sewer users sharing in the M/O costs in the same manner that they share other
costs.
As shown on Attachment B, this method (#5) is used to fInance all pump stations by many local
jurisdictions. Of all local agencies only Chula Vista and Poway impose a separate charge for
sewage pump stations, and only Chula Vista imposes a charge for the full cost of M/O of those
stations. In Chula Vista, fIve permanent sewage pump stations are financed this way. Three
of these stations serve City owned public facilities (police Station, Hilltop Park and Max Field),
while two of them serve private property west of I-80S. One of these two stations (located at
940 Hilltop Drive) serves 10 dwelling units plus a church, while the other (located at the foot
of "G" Street) serves 738 EDU's in industrial and recreational (Marina connected) development.
The G Street station was constructed and reconstructed in 1965 and 1969, respectively, at times
when the M/O cost of such a facility was considered to be a system responsibility. In the case
of the Hilltop Drive station, a 1972 agreement between the City and several property owners
provided that those private parties would pay for the construction of the station, while the costs
of engineering, advertising, inspection and annual M/O would be paid by the City.
The annual cost of maintaining and operating these five stations is estimated to total
approximately $28,000 per year.
ALTERNATIVE FINANCING METHODS
In addition to the currently used methods for financing the M/O costs for sewage pump stations,
we have considered the following:
1. ModifIed Overhead Method:
No separate surcharge would be collected from pumped areas for the payment of M/O costs
attributable to the pump stations. All M/O costs for all City owned pump stations (not including
pump stations owned by the Port District) would be included in the overall City sewer budget
as a system expense.
/.5' '/
Page 5, Item /$
Meeting Date 5/17/94
The total projected annual cost for all the City's existing pump stations (plus four additional
proposed stations) is approximately $141,000. With an estimated total of approximately 42,700
Equivalent Dwelling Units (EDU's based on a generation of 265 gallons per day per EDU)
within the City, an equal participation fee would be $3.30 per EDU per year or $0.28 per
month. Considering that the cost for City maintained pump stations (approximately $28,000
annually for stations not supported by special service rate areas) is already included in the sewer
service charge, this would be an increase of approximately 1.4 % .
The financing for each of the existing pump stations was set up on a different basis. Conversion
to this method would result in a substantial reduction in cost for some ratepayers while adding
slightly to the cost for others, particularly commercial, industrial and institutional users. While
this method would provide relief for those users who have previously paid a high rate for pump
station MID, it would also create a small new cost for those users who previously made no
payment. With our largest sewer user generating approximately the equivalent of 730 EDU's,
this would represent an additional $2,409 in sewer costs annually. With a current average
annual billing of approximately $148,000 this would represent an increase of approximately
1.6% percent. The philosophical basis for this method is that all users receive the same relative
benefit for sewer collection and should also pay similarly.
2. Consolidated User Payment Method
Incorporating all of the existing Special Sewer Service Rate Areas into one in which only all
private users served by a pump station would pay the same rate per EDU.
This method would be quite similar to the above method, except that the number of ratepayers
involved would be restricted to those users actually served by a sewage pump station.
The total MID costs for the currently known pump stations (excluding stations serving City
public facilities or Port District territory) is presently estimated at $108,000 and the number of
EDU's which will be served by them is 4,332. Their estimated cost of participation would
therefore be $24.93 per year or $2.08 per month per EDU. Three remaining City owned pump
stations serving public facilities would continue to have MID costs paid from the general sewer
budget and the Port District would continue paying MID costs for its stations. The cost to
transition to this method from the existing method would also need to be factored into the rate,
but would be a small amount per EDU.
3. Twentv Year Developers Pavment Method:
For all future pump stations which are justified by studies and approved for installation as
discussed above the developer would be responsible for the full cost of designing and installing
the station. Upon its completion and acceptance by the City, the developer would be required
to make a deposit sufficient to pay the full estimated cost of MID for an arbitrary period of 20
years. This full cost would include repairs and replacements, utilities, personnel, equipment and
supplies along with appropriate overhead charges, if any. After that deposit has been made the
developer would have no responsibility for MID costs. The users connected to the stations
would never have a responsibility for payment of specific MID costs.
/5-5'
Page 6, Item 1.7'
Meeting Date 5/17/94
If this method were adopted, all previously existing Special Sewer Service Rate Areas would be
dissolved at the end of the fiscal year. No startup costs would be required for this method, but
there would be minor transitional or termination costs involved in dissolving all existing Special
Rate Areas.
PROPOSED POLICY
The proposed City policy on sewer pump stations as presented below is based on several
justifications. These justifications are as follows:
1. New pump stations should be discouraged because of their ongoing costs to the users of
the sewer system and the City. Developers shall consider the total capital and MIO costs
associated with such stations when comparing them to a gravity system and be required
to contribute 20 years of MIO expenses into the Sewer Service Revenue Fund with all
the other sewer service revenues to relieve the system users of the need to pay a
surcharge for the provision of an essential service.
2. Everyone receiving sewer service in the City would pay the same monthly amount based
only upon usage. Under the current system, with full cost recovery some pump station
bills could approach $70 per month, while others are only $1 to $2 ~er month.
3. No other cities in the region impose extra charges on users of the system for pumped
flows except for Poway, which currently charges only $0.68 per month for water and
power used by the pump stations to units served by them.
4. With twenty current and proposed pump stations and the potential for several more, it
is administratively difficult and cumbersome to set up a separate district and fund, and
budget for each of them.
5. The increase in the citywide sewer service charge to accommodate this manner of
payment for the MIO costs is very small (approximately 1.4%). Because of the City's
reserves the increase would not have to go into effect until our next general rate increase.
In order to assure that all future sewage pump stations are justified from an overall economic
viewpoint the following requirements for City approval of the individual stations are proposed:
a. Before a tentative map for a development incorporating a sewage pump station
is approved, a study shall be performed by the developer to determine whether
a sewage pump station is physically necessary and feasible or if a gravity sewer
could be constructed in its stead to provide the necessary service. If no map is
required for the project the study shall be performed prior to the first
discretionary approval of the project by the City.
b. This study shall include a financial analysis of all the costs associated with
construction, operation, and maintenance of a sewage pump station as opposed
J5,.?
Page 7, Item 15
Meeting Date 5/17/94
to those associated with the construction of a gravity sewer line. Where a gravity
line is not feasible because of topographic or jurisdictional constraints, the study
will need to show only that the pump station will be permanent, what the
constraint is, and that the constraint is insurmountable. (For instance, that an area
drains to a reservoir for potable water and that topography is such that no gravity
line to serve the area can feasibly be constructed).
c. In the event that the need for a sewage pump station is discovered after approval
of a Tentative Subdivision Map or a Preliminary Parcel Map or after an initial
City approval (such as Design Review ) of a project not requiring such a Map
said study shall be performed prior to any further review of applications for
approval. Where a Tentative or Preliminary Map is required, such a discovery
shall be considered to constitute a significant change in the project and require
consideration of a Revised Tentative or Preliminary Map.
The Director of Public Works shall review the above study and if the need for a sewage pump
station is not indicated by the results of the above study, said sewage pump station and such a
dependent project shall not be approved, subject to applicant appeal to Council, prior to approval
of a Tentative Map or other project approval.
The policy proposes that, if a sewage pump station is approved, Alternative Financing Method
3 will be employed as discussed below.
As presented in Alternative Method 3, for a permanent pump station the Developer would be
required to deposit an amount estimated to be adequate for the payment of M/O costs for a
period of 20 years. The estimate would be based on a composite of current year M/O costs for
all active publicly owned sewer pump stations serving private property within Chula Vista. For
a temporary pump station, the developer will annually pay the full cost of Maintenance and
Operation for that station. For the first year the costs will be estimated by the City and for
subsequent years they will be based on the City's record of costs for the previous year.
In situations where the initial developer builds only a portion of the EDU's to be served by a
permanent sewer pump station, that developer will be required to deposit the full estimated 20
year amount, with subsequent developers repaying the original developer their proportional share
plus interest. Where the developer builds a temporary pump station, that developer will annually
pay a proportional share of the cost of Maintenance and Operation, based on the number of
EDU's being served by the station. Subsequent developers will share in the annual costs of
Maintenance and Operation in the same manner. The annual costs will be estimated by the City
for the first year and based upon the City's record of costs for subsequent years as above.
In all the above situations involving developer payments extending over time it must be
recognized that a developer may in some way become unable to meet his commitment to pay
Maintenance and Operation costs. Consequently, some provision must be made for the posting
of security to guarantee those payments. Similarly, the availability of such acceptable security
would also make it possible for the City to enter an agreement with a developer to pay the
estimated 20 year Maintenance and Operation costs over some period of time. It is proposed
)5"7
Page 8, Item If
Meeting Date 5/17/94
that, in satisfaction of this requirement, the City accept a lien on the land to be developed. The
proposed policy contains language incorporating this feature.
All M/O costs in excess of developer contributions would be paid from the City's Sewer
Service Revenue Fund. Because of the difficulty in identifying the costs associated with each
of the Special Sewer Service Areas and integrating each of them into the City-wide system, it
is recommended that all of the existing Special Sewer Service Rate Areas be modified as of July
I, 1994 to relieve the affected homeowners or businesses of the obligation to pay the Special
Sewer Rate applicable to the pump stations.
In instances where there are existing agreements or ordinances providing for developer
contributions toward the payment of Maintenance and Operation costs, the portion of the
agreement or ordinance which applies to developer contributions would continue to exist until
the expiration date as provided in that document.
Pump stations not owned by the City, such as the Port District's pump stations in the Chula
Vista Marina area, which are serviced by the City under contract would not be covered under
this policy once the installation has been approved. The existing agreement with the Port
District would not be affected by the policy and future agreements with the District or owners
other public or private owners of major installations (no lift stations for individual units or
developments would be eligible for City Maintenance and Operation) would be considered on
a case by case basis.
Staff has met with representatives of the developers of Rancho Del Rey, EastLake, Otay Ranch
and the Olympic Training Center to discuss this proposed policy. Their major concerns with
it are that (1) some provision should be available to allow the deposit of the 20 year M/O cost
over time rather than immediately after completion of the pump station and (2) the required
study for justifying the installation of a sewage pump station be simplified where a gravity sewer
is not physically practical. We have revised the policy to address both of these concerns.
FISCAL IMPACT: The M/O charges for sewage pump stations are paid out of the Sewer
Revenue Fund. Several of the stations are within Special Service Rate Areas in which the
properties served by the pump stations pay the M/O costs (presently up to $19.00 per month)
on their water bills. Under this policy, there would be no Special Service Rate Areas. The cost
for all pump stations would be continue to be paid out of the Sewer Revenue Fund, and all
ratepayers would share in this cost. Currently, this would represent an increase in the sewer
service charge of approximately twenty eight cents per month per EDU for most properties.
However, because of the available reserves in this fund, staff is not recommending such an
increase at this time. For the properties presently within a Special Service Rate Area there
would be a reduction of from approximately forty seven cents ($0.75 - $0.28) to an extreme of
$18.72 ($19.00 - $0.28) per month per EDU.
m:\home\engineer\agenda\sWIpUmpg
041594
1.5"'5'
RESOLUTION NO.
17 '19 J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING COUNCIL POLICY ON SEWAGE
PUMP STATION INSTALLATION AND FINANCING OF
MAINTENANCE AND OPERATION COSTS
WHEREAS, there presently is no set City policy on the
construction of sewage pump stations and revision of sewage pump
station fees; and
WHEREAS, on September 17, 1991, city Council requested
that staff create a policy for future decisions regarding sewage
pump stations; and
WHEREAS, Council's concern was that homeowners are being
required to pay pump station fees while no mechanism is in place to
assure that developers install such stations only in situations
where they are justified from an overall economic viewpoint; and
WHEREAS, staff has now established a policy for future
decisions regarding the construction of sewage pump stations and
the manner of financing the maintenance and operation costs
associated with sewage pump stations.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby adopt the Council Policy on
Sewage Pump station Financing set forth in Exhibit "A", attached
hereto and incorporated herein by reference as if et forth in
full.
John P. Lippitt, Director of
Public Works
!
!
Presented by
C:\rs\sewerp.p.pol
If'- <J /5 -/0
ATIACHMENT A
EXISTING SEWAGE PUMP STATIONS
Location
1. C.V. Woods Subdivision
2. Candlewood Subdivision
3. Mission Verde Subdivision
4. Terra Nova Subdivision
5. Rancho Robinhood II
6. Rancho Robinhood III
7. EastLake Parkway (A)
8. Otay Lakes Road (B)
9. East Orange Ave (C)
10. Olympic Training Center (OTC)
II. Boat House
12. Marina Parkway
13. "J" Street
14. Sandpiper Way
15. "G" Street
16. Hilltop Drive
17. Hilltop Park
18. Max Field
19. Police Department
20. Auto Park
M/O Costs
Residents
Residents
Residents
Residents
Residents
Developer**
Both*
Both*
Both*
OTC
OTC
Port District
Port District
Port District
City
City
City
City
City
Property Owners
Temoorarv IPermanent
Temporary
Temporary
Temporary
Temporary
Permanent
Permanent
Temporary
Temporary
Temporary
Temporary
Permanent
Permanent
Permanent
Permanent
Permanent
Permanent
Permanent
Permanent
Permanent
Temporary
Per agreement, the developer and residents are both paying for the sewage pump station
M/O costs. When either the construction of a subarea is 75 % complete or enough funds
are collected from the residents at the initial rate to pay for the annual M/O costs,
EastLake and the builders will discontinue paying for these costs.
*
Developer paid a flat deposit to City. We project that the principal and interest on this
deposit will run out in the year 2000. After that time, M/O costs will be paid by the
City.
**
15"/1
ATTACHMENT B
SEWAGE PUMP STATION FEE SURVEY
AGENCY PUMP STATIONS SEPARATE FEE FEE AMOUNT
Imperial Beach Yes *No N/A
Oceanside Yes (34) *No N/A
Escondido Yes (12) *No N/A
Poway Yes (4) Yes $1.36/bi-monthly
Del Mar Yes (3) *No N/A
National City Yes (2) *No N/A
La Mesa Yes (I) *No N/A
Coronado Yes (7) *No N/A
San Diego Yes (88) *No N/A
EI Cajon None - -
Lemon Grove None - -
*
The maintenance and operation costs are included in the overall sewer charge. All properties
pay these costs.
Escondido -
All properties in the City of Escondido are connected to the wastewater
treatment plant operated by the City of Escondido.
Fee pays for the water and power used by the pump stations. Labor and parts
are included in the overall sewer service charge assessed to all properties in
the City.
All pump stations serve public sewer mains.
Pump station serves 3 parcels.
Poway -
National City -
La Mesa -
RLD:SB/Ly..o81
f:\engineer\agenda\swrpumpg
04/4/94
/y).1
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SEWAGE PUMP
POLICY NUMBER:
ADOPTED BY RESOLUTION
STATION FINANCING POLICY
EFFECTIVE DATE:
NO.
PAGE: 1
DATED: 5/12/94
BACKGROUND
The City presently has no set procedure for approving the construction
of sewage pump stations or for the establishment and revision of sewage
pump station fees for the recovery of Maintenance and Operation costs
for such pump stations. On September 17, 1991 the City Council directed
staff to prepare a policy statement for guidance in providing legal and
efficient service to the public and developers.
PURPOSE
To establish a policy for future decisions minimizing the use of sewage
pump stations and providing for the financing of the maintenance and
operation costs associated with sewage pump stations when used.
POLICY
The City Council hereby establishes the following policy and procedures
relative to the construction of sewage pump stations and to the
financing of their associated costs for maintenance, operation, repair,
replacement, retrofit and rehabilitation (all of which are referred to
herein as M/O costs) :
A. The construction of sewage pump stations is to be discouraged and
shall be approved only in accordance with the provisions of this
policy.
B. The following actions shall be taken before (1) approving a
Tentative Subdivision Map or a Preliminary Parcel Map for a project
dependent upon the construction of a sewage pump station for the
provision of sewer service or (2) first approval (Design Review or
similar action) for a project not requiring approval of a Tentative
Map or Preliminary Parcel Map:
1. The developer shall prepare and provide the City with a study
analyzing the feasibility of constructing a gravity sewer line
versus installing a sewage pump station. The study shall
include a comparison of the cost of constructing a gravity
sewer line to that of installing, maintaining and operating
the pump station. The most cost effective and technically
feasible alternative, as determined by the Director of Public
Works (Director), will be included as part of the required
subdivision or project improvements.
2. In the event that the construction of a gravity sewer is not
possible because of topographic or jurisdictional constraints
15')3
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SEWAGE PUMP
POLICY NUMBER:
ADOPTED BY RESOLUTION
STATION FINANCING POLICY
EFFECTIVE DATE:
NO.
PAGE: 2
DATED: 5/12/94
the above study may be limited to the provision of sufficient
evidence to demonstrate the existence of the constraint and an
estimate of the cost of maintaining and operating the proposed
pump station. If the decision to build a pump station is
predicated upon an economic consideration, then the full study
as outlined above will be required.
3. The Director of Public Works shall review the above study and
if the need for a sewage pump station is not indicated by the
results of the above study, said sewage pump station and the
Tentative Map, Preliminary Map or other such dependent project
shall not be approved, subject to applicant appeal to the City
Council.
4. Where the review by the Director indicates that connection to
a gravity sewer is cost effective and feasible a pump station
dependent development or project shall be processed only with
advance approval of the City Council of the use of a sewage
pump station.
5. In the event that the need for a sewage pump station is
discovered after approval of a Tentative Subdivision Map or a
Preliminary Parcel Map or after an initial City approval (such
as Design Review) of a project not requiring such a map said
study shall be performed prior to any further review of
applications for approval. Where a Tentative or Preliminary
Map is required, such a discovery shall be considered to
constitute a significant change in the project and require
consideration of a Revised Tentative or Preliminary Map.
In the instance of a project not requiring a Final Map or a
Parcel Map said study shall be required prior to the issuance
of any building permit.
C. No new Special Sewer Service Rate Areas providing for the
financing of M/O costs of sewage pump stations shall be established
within Chula Vista subsequent to the adoption of this policy by the
City Council.
1. All the M/O costs for all City owned sewage pump stations
within Chula Vista, which costs are in excess of funds
deposited by developers responsible for the construction of
said pump stations, shall be paid from the general sewer
budget.
2. When a permanent sewage pump station is approved for
construction and has been constructed and accepted by the
City, the developer shall deposit the M/O cost of the pump
1,",'ILj
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SEWAGE PUMP
POLICY NUMBER:
ADOPTED BY RESOLUTION
STATION FINANCING POLICY
EFFECTIVE DATE:
NO.
PAGE: 3
DATED: 5/12/94
station for a period of 20 years based on an estimate by the
City.
a. As an alternative to depositing the full 20 year M/O cost
with the City immediately upon completion of the sewage
pump station, the developer and the City may enter into
an agreement providing for the M/O costs to be paid by
the developer over a period of time. In this instance,
the commitment to pay shall be guaranteed with adequate
security, one form of which may be a lien upon the
property to be developed. The amount of said lien may be
adjusted over time as property is sold or as payments are
made. No portion of the lien amount shall be reassigned
to a buyer of a developed property.
b. In instances where the property to ultimately be served
by a permanent pump station is not fully contained within
the ownership of the developer who builds the pump
station and an agreement with the City has been entered
into as provided above, during a given year that
developer shall be responsible for the portion of the M/O
cost which is proportional to the number of EDU's he has
connected to the pump station as compared to the full
number of EDU's connected to the pump station as
determined by the Director. In instances where the
developer has deposited the full estimated 20 year M/O
cost, a subsequent developer using the pump station shall
be required to reimburse the original developer for
previously deposited M/O costs (plus interest) for EDU's
to be connected by that subsequent developer.
c. For temporary sewage pump stations, where the property to
ultimately be served is not wholly within the ownership
of the developer who builds the pump station, each
subsequent developer connecting EDU's to the station
shall be responsible for the payment of a portion of the
annual M/O cost which is proportional to the number of
EDU's that developer has connected as compared to the
total number of connected EDU's.
3. All existing Special Sewer Service Rate Areas within the City
shall be modified as of July 1, 1994 to relieve affected
homeowners or businesses of the obligation to pay the Special
Sewer Service Rate applicable to the pump station. Where
existing agreements or ordinances provide for developer
contributions toward the payment of M/O costs, those portions
of the agreements or ordinances which apply to developer
/f:.lf'
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SEWAGE PUMP
POLICY NUMBER:
ADOPTED BY RESOLUTION
STATION FINANCING POLICY
EFFECTIVE DATE:
NO.
PAGE: 4
DATED: 5/12/94
contributions, including expiration dates if any, shall
continue to be effective.
4. For all active sewage pump stations, the total of M/O costs,
including costs of replacements, utilities, personnel,
equipment, supplies and overheads of all City sewage pump
stations shall be calculated by the City on a calendar year
basis.
That total, plus an estimated amount for inflation, if any,
less deposits or contributions estimated to be on hand at the
end of the fiscal year current at that time, shall be included
as a system cost in the normal City-wide sewer budget and
distributed among all properties within the City connected to
the Chula Vista sewer system during the fiscal year beginning
on the immediately following July 1.
D. The actual cost of bypassing or removing a temporary sewage
pump station from service and connecting the collection system to
an adjacent permanent gravity system shall be paid from the regular
sewer budget, and that cost (less any remaining deposits collected
for that purpose) shall be distributed among all properties
connected to the Chula Vista sewer system as in C4 above.
E. Portions of this policy concerning the payment of M/O costs shall
not be applicable to any sewage pump station not owned by the City
or to any agreement with a public agency or private entity
concerning such a pump station. However, minor privately owned
sewage pump stations or lift stations for individual buildings
shall not be considered for maintenance and operation by City
forces. Those portions of the policy which pertain to the
justification for pump station installation within the City shall
apply to all sewage pump stations, whether proposed for City
ownership or not.
RLD: File# LY-081: 05/11/94
f:\home\engineer\agenda\pumppol
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CITY COUNCIL AGENDA STATEMENT
ITEM NO.: .4:Z"" / <.0
MEETING DATE: ~e4~4 -S/11/qI.
II
ITEM TITLE: Report Concerning the Citywide Graffiti Abatement Program, A
Proposed Graffiti Education Program and A Graffiti, Adopt-A-Block
Program
SUBMITTED BY: Director of Building and HOi/f'v
_EWED BY, City 4' (415 Vote, Ves_NoJU
BACKGROUND: At the January 4, 1994 and the February e, 1994 City Council
Meetings, Staff was directed to return to Council to address Graffiti Abatement activities
currently conducted within the City. Staff was instructed to prepare a Report outlining
current enforcement of the Property Defacement Ordinance and provide applicable
recommendations, if any, for modifications for improvements to the Ordinance.
Council also instructed Staff to investigate the potential for establishing an Adopt-A-Block
or Adopt-A-Community Graffiti Program and to consider awards for civic groups and/or
schools which contributed to Graffiti Abatement Programs or which were most successful
in keeping their areas Graffiti-free.
RECOMMENDATION: That the City Council accept the Report and approve staff
recommendations for Anti-Graffiti Program Enhancements.
BOARDS AND COMMISSIONS RECOMMENDATlpNS: N/A
DISCUSSION: This Report consists of two components. The first component is
specifically directed to address the current state of graffiti enforcement within the City,
the financial impacts of graffiti abatement and the issues encompassing the enforcement
of C.V.M.C, Chapter 9.20 - Property Defacement. The second component of the Report
addresses Staff's recommended actions to enhance the current level of graffiti abatement
via a comprehensive graffiti awareness education campaign designed to capture
community involvement through volunteers.
ComDonent Number One: Current Citywide Graffiti Abatement Enforcement
1.
Departments Involved in Graffiti Abatement:
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Council Agenda Statement
2
Graffiti Abatement Program
.........
Four City departments are involved in Citywide graffiti eradication: Building and
Housing, Police, Public Works and Parks and Recreation.
Police Deoartment: The Police Department contains the physical location of the
graffiti "Hotline". This is the published telephone number (691-5198) which
complaints are placed on a pre-recorded message when the Graffiti Coordinator
is not at his desk. The complainants are typically responded back to by the
Coordinator for further information (color, size, etc.) and placed on a listing for
removal by individuals assigned by the Juvenile Courts to perform Community
Service Hours per the criteria established under C.V.M.C. Section 9.20.040.
Under the direction of the Graffiti Coordinator, this Program assigns eight to ten
individuals to remove graffiti, which typically occurs on Saturdays. This program
has proven successful in eliminating graffiti on residential and commercial
properties on a weekly basis. The Graffiti Coordinator position has recently
experienced a personnel change and in meeting with the newly appointed Graffiti
Coordinator, he advises that are working towards initiating two paint-out days a
week starting at the latter part of May 1994.
The Graffiti Coordinator position is the individual financially shared by the City and
by South Bay Community Services to perform several tasks, inclusive of
counseling juveniles sentenced by the Courts to perform Community Service .-..,
Hours. He is assigned to coordinate and transport the juveniles to the various
locations to remove graffiti and to record both the number of complaints received
and the number of "paint-outs" performed throughout the City.
In calendar year 1993, the Graffiti Coordinator identified in excess of 5,000 graffiti
complaints received via the Graffiti Hotline. Of this quantity, approximately 1,500
were transferred to either the Department of Public Works or to the Department
of Building and Housing. Public Works handles all the graffiti located in the City
right-of-way whereas the Building and Housing Department handles graffi~
complaints occurring on commercial property. Of the remaining 3,500
complaints, approximately 1,000 were located outside the City limits, requiring the
Coordinator to refer the complaint to the responsible agency where the graffiti was
located. As for the balance of approximately 2,500 complaints, the juveniles
serving their Community Service Hours restitution removed graffiti from those
locations.
As an example of the Graffiti Coordinator's community outreach beyond the once
a week paint-outs, is that he has also interacted with students from Bonita Vista
High School, Swim Team to perform graffiti removal upon and around the High
School campus vicinity at Otay Lakes Road and East "H" Street.
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Council Agenda Statement
3
Graffiti Abatement Program
.
public Works Deoartment: The Department of Public Works performs graffiti
eradication on all City right-of-way and City-owned structures, although typically
not Parks and Recreation buildings which is removed by Parks and Recreation.
Ted Larson, Senior Public Works Supervisor and two full-time crew members
assigned to the Traffic Signage and Striping Division are actively abating graffiti
by responding to one of several reporting mechanisms. First is the direct method
whereby a graffiti complaint is received by Public Works from either the public,
the Graffiti Coordinator or by any member of City staff. Until recently these
complaints were not recorded in a comprehensive data base due to the fact that
they are usually without address, and more typically identify a storm drain
channel, utility box, City sign, etc. The Deputy Director of Public Works has
Instituted a graffiti activity recording format which accurately Identifies all graffiti
related activities performed by the department.
The second and more frequent method of graffiti abatement utilized Is that when
the crew sees any graffiti at random, the supervisor has a standing directive to the
crew to stop and remove the graffiti as quickly as possible. In calendar year
1993, the Department of Public Works received in excess of 1,900 complaints and
committed over 4,100 staff hours towards graffiti abatement. Staff estimates that
approximately 700,000 sq. ft. of surface has been sandblasted or painted over to
eradicate graffiti from public right-of-way and storm drain locations throughout the
City.
.
Parks and Recreation Deoartment: The Department of Parks and Recreation
performed graffiti removal on Parks structures identifying approximately 1,100
incidents of graffiti. In calendar year 1993, staff members from the department
estimated that over 1,000 staff hours for graffiti removal and $4,300 was allocated
for paint and supplies. As evidenced throughout the City, graffiti vandalism to
Parks and Recreation structures have experienced a significant increase over the
past five years. Previously, the department did not record graffiti abatement
activities in a centralized recording format, however, the department now records
all acts of graffiti vandalism for time and material accountability.
The department has Identified that graffiti vandalism Is occurring in each of the
City's Parks. Unfortunately, the Incidents are typically random in nature and
without specific pattern of graffiti incident, assigning a Parks and Recreation Staff
member or Police Officer to continuously monitor each Park 24 hours-a-day would
prove economically Infeasible at this time due to the varied levels of incidents.
Buildina and Housina Deoartment: The Department of Building and Housing
records all graffiti complaints received by the department in the Code
Enforcement complaint tracking system data base. The component which
specifically identifies and tracks graffiti complaints was completed in September
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Council Agenda Statement
4
Graffiti Abatement Program
~
1993. Since recording graffiti complaints as an autonomous category, the
department has received 727 graffiti complaints over the past seven months,
averaging in excess of one hundred complaints monthly.
The Department of Building and Housing enforces graffiti on commercial/industrial
structures whereas the Police Department Graffiti Coordinator performs the
majority of abatement on residential properties. Building and Housing utilizes a
notification system which exercises automated correspondence sent to the
affected business owner and property owner upon receipt of each complaint.
Code Enforcement Officers then schedule on-site inspections to insure
compliance.
During the last year and in particular the past seven months, graffiti complaints
have escalated to represent approximately 20 percent of all complaints received
and handled by the Code Enforcement Division of the Department.
2. Cost of Graffiti Abatement - 1993:
Staff estimates that in excess of 8,000 complaints or graffiti paint-outs have been
handled in some manner by City personnel. The cost of graffiti removal to the
residents of Chula Vista, Inclusive of staff time at full cost recovery, vehicles, ~
trailers and graffiti removal supplies for calendar year 1993 was In excess of
$200,000.(1) Total square footage of graffiti removed/covered by City crews,
combined with the total area abated by Building and Housing's Code
Enforcement staff Is In excess of 800,000 square feet Citywide. Cost
estimates for calendar year 1994 are anticipated to exceed 1993 levels by three
to five percent due to rising material costs, fuel costs and labor costs. This
calculated amount for calendar year 1994 represents an estimate of direct costs
to the City without any increase in current graffiti activity.
3. Graffiti Activity Levels - Calendar Years 1988 to 1993:
The citizens and members of the business community of Chula Vista have
experienced annual increases of graffiti vandalism during each of the past five
years. While recording the graffiti complaints and locations have become a
necessity for City departments over the past year, a historical graffiti abatement
table is represented by the following (estimated from 1988 through 1992):
1.
Direct cost to the City is substantially less than this amount. Also, much
of this cost is for time spent by existing staff who spend the balance of
their time on other City projects, so it would be difficult to extract this
money directly from the operating budget. This amount, however, gives
you the general magnitude of the use of City resources on the problem.
........
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Council Agenda Statement
Graffiti Abatement Program
5
Year
Number of ComolaintslPaint-outs
Cost of Abatement
1988
1989
1990
1991
1992
1993
150
300
1000 Onstituted Hotline)
250p
6500
8000
$ 8,500
$ 10,000
$100,000
$125,000
$160,000
$200,000
Attached to this report for City Council's information is Chief Emerson's response
to Council Referral #2741. Diversion of Graffiti Removal Funds to Youth-Based
Alternatives. As identified by the Chief's report, of the three-phase proposal by
Councilman Moore, Phases I and II have been completed. The Police Department
believes that replacing the .paint over paint" component of the City's Graffiti
Abatement Program with an alternative, positive youth orientated sports program
is recognizingly a tedious process, but a positive process in which continued
efforts will be conducted.
Councilman Moore's request to divert any savings of graffiti abatement monies to
City youth activities such as Chula Vista Police Activity League will be
continuously assessed by staff on a quarterly basis. The difficultly, however, is
that the only designated staff individual for graffiti abatement is the Police
Department's Graffiti Coordinator funded at $20,000 annually. All other City staff
involved in graffiti abatement are multi-tasked positions (Code Enforcement
Officers, Street Stripping Crews, and Parks and Recreation Leaders).
Consequently, the identified $200,000 (which reflects City's cost at the full cost
recovery rate) expenditure for graffiti abatement are funds which are
encompassed within each department's budget, but are not specifically
designated as autonomous, line-item accounts within department budgets. Staff
has incorporated graffiti abatement as an additional duty, task and responsibility
to their individual positions, such as street stripping, Code Enforcement Officer,
etc. Hence, to calculate an estimate of financial contributions from future savings
of the Graffiti Abatement Program Is unknown at this time. Savings in elements
such as paint and supplies, are also unknown at this time.
4. City Initiated Pro-Active Graffiti Measures Implemented To-Date:
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Council Agenda Statement
6
Graffiti Abatement Program
-..,
. Placed Graffiti Reporting Forms in all City Vehicles. The forms specifically
instructs the reporting party to which department the complaint should be
directed to for abatement.
. In October 1990, the Police Department adopted '911' for graffiti in
progress and also pUblished the Chula Vista Graffiti "Hotline" telephone
number in the Star News newspaper and The Chula Vista Quarterly Bulletin
identifying additional numbers to report crimes in progress (691-5151) and
another number to report graffiti (691-5198) locations.
. The Public Works Department purchased two trailers specifically designed
to permit volunteers to abate graffiti. The trailers are lightweight, fully
stocked and available to service clubs, civic organizations and/or any
interested resident(s).
. In December 1990, the City Council approved a program to allow the
Public Works Department to reimburse costs for cellular phone graffiti in
progress calls.
.
The Department of Building and Housing has recruited volunteers to walk
the Third Avenue Business District and along portions of Broadway to
contact commercial properties affected by graffiti. Their role is to report
the graffiti sightings to the department and to contact merchants about the
City's Graffiti Abatement Program. Upon abatement, staff is notified of the
removal to close the complaint. Although only in its second month, the
program appears to be a success and optimistically will represent a model
for future volunteer efforts.
-..,
. The Public Works Department has installed "No Graffiti" signs at various
locations City'oyide. This informational sign identifies the penal code
section and states that graffiti is a Crime.
. Rosie Bystrak, Public Works, and South Bay Community Services joined
forces to form "Citizens Against Graffiti" - A volunteer based group
established for anti-graffiti activities.
. City staff have been active participants in the San Diego Regional Anti-
Graffiti Task Force to collectively address issues with fellow public entities,
inclusive of CaI-Trans. The direct benefit to the City has been the reduced
costs for common shares in paint from the County of San Diego as well as
the introduction to graffiti removal products and surface, graffiti resistant
materials.
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Council Agenda Statement
7
Graffiti Abatement Program
. City staff from Public Works, Building and Housing and Police Departments
have been actively involved in community based, graffiti volunteer efforts
by supplying paint materials, trailers and maps to key areas frequently
targeted by graffiti criminals. An example of such efforts is the upcoming
Chamber of CommercelPacific Coast Board of Realtors community paint-
out day scheduled for Saturday, May 14, 1994. In conjunction with City
staff, an estimated 250 to 300 individuals are anticipated to participate in
graffiti eradication throughout the City.
. The City of Chula Vista and the South Bay Community Services financial
partnership has produced an individual to staff a full-time, Graffiti
Coordinator position. The focus of this individual's assigned duties, tasks
and responsibilities is to coordinate graffiti eradication efforts with juveniles
sentenced to Community Service Hours by the South Bay Juvenile Court.
Pursuant to C.V.M.C., Section 9.20.040 . Punishment Provisions, this has
proven effective in graffiti removal activity on thousands of residential
properties vandalized throughout the City.
.
City staff has established communication channels with the utility
companies for purposes of reporting graffiti for rapid removal on utility
boxes and structures placed in the public right-of-way such as those
owned by Pacific Bell, Cox Cable, San Diego Gas and Electric, etc. Staff
reports location to appropriate organization which in turn, targets the
removal of the graffiti within three working days.
.
5. Enforcement of C.V.M.C., Chapter 9.20 . Property Defacement:
City Council's amendments to Chapter 9.20 in 1992 is an enforcement tool for the
Department of Building and Housing to exercise the Due Process provisions for
compliance. While the Ordinance is well structured in content and enforcement
provisions, staff has experienced difficulties in two areas.
First is the difficulty for citizens and the business community to accept the fact
that, as victims of a crime against their property, ~ are responsible for removal
of graffiti located on their property. In conjunction with this dose of reality, Is the
fact that if the removal of the graffiti does not occur In a timely manner, financial
hardship may result by the City removing the graffiti at the property owner's
expense. This issue has resulted in public relations difficulties in handling the
concerns of the victims of such property crimes.
.
To date, the City has not exercised on the Ordinance's collection component
contained In Section 9.20.055. The preferred avenues for abatement in such
cases are to simply remove the graffiti by either the Police Department Program
...:2 2 '(- I t. =I
Council Agenda Statement
8
Graffiti Abatement Program
""'"
or by Public Works crews. This is not to suggest, however, that City staff does
not exercise the content of the enforcement provisions of the Ordinance with
skills of diplomacy to encourage rapid removal of graffiti by the property owner.
Staff will, however, opt to utilize the collection and lien provisions as a last
recourse of action as necessary.
The second area of the Ordinance which has not promulgated a success rate is
Section 9.20.045{A)1 - Detection Provisions; Reward Authority. Specifically, the
reward of $150 has not attracted individuals to participate in giving information to
the Police Department for the arrest and conviction of those guilty of graffiti
vandalism crime{s). Staff believes that this component is under utilized to the
extent which City Council originally intended. Staff will initiate efforts to promote
the reward component of the Ordinance as a positive reinforcement mechanism
to optimistically reduce graffiti crimes.
Staff does not recommend any amendments to the Ordinance regarding graffiti
removal.
Summary: With respect to the aforementioned issue of public relations involving the
responsibilities of property owners to remove any and all graffiti on their property, the
Department of Building and Housing has initiated efforts to produce public awareness -..."
pamphlets identifying the civic responsibilities for rapid graffiti eradication on properties.
The Department will be coordinating efforts with civic groups, service clubs and
members of the business community to develop pamphlets for distribution through
several mechanisms such as direct interaction with the community on graffiti complaint
responses, availability at business locations, placement in print media and distribution
to both children and adults at Parks and Recreation Centers to identify a selected few.
Flscallmpact: Unknown at this time due to level of business partnership opportunities.
The Department of Building and Housing estimates that approximately 15,000 to 20,000
Anti-Graffiti pamphlets would serve the needs of promoting graffiti awareness throughout
the City. However, the department believes that all costs associated with development,
reproduction and distribution of the graffiti pamphlets can be absorbed within the
department's proposed FY 1994-95 Budget, given the anticipated financial assistance
from the aforementioned entities. The Department of Building and Housing anticipates
that the first draft of these Anti-Graffiti pamphlets will be completed in approximately 60
days, with distribution set for 30 days after. The target date for the public distribution
will be set for on or about August 1, 1994.
ComDonent Number Two: Anti-Graffiti Program Enhancements:
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Council Agenda Statement
9
Graffiti Abatement Program
The goal to establish a Citywide Anti-Graffiti Campaign designed to enhance the City's
current Program is highlighted with the following four objectives for program
enhancements:
. Objective :# 1 - Citywide Anti-Graffiti Education Programs
. Objective :# 2 - Citizen and Business Community Involvement: Adopt-A-Block,
Adopt-A-Wall and Adopt-A-Community Anti-Graffiti Programs
. Objective:# 3 - Graffiti Program Manager Position: FY 1995-96
. Objective :# 4 - Community Service Hours: South Bay Municipal and Superior
Courts
Obiective :# 1 - Citywide Graffiti Education Proarams:
An instrumental component of the successful graffiti eradication program studied by staff
was the consistent focus on community oriented, Anti-Graffiti Education Programs.
. Specifically, participation throughout the community to focus attention on the fact that
graffiti, or Property Vandalism, is recognized as a Crime. This has proven effective as
both a deterrent by raising the consciousness of school children and to also develop a
household awareness that such crimes occurring in the community are expensive
(everyone pays), are not socially tolerated and need to be abated quickly. Organizations
targeted for community-wide promotion of Anti-Graffiti Education Programs are the
various civic and service clubs, print and video media, the business community and the
academic community. Targeting the aforementioned groups would necessitate the City
to promote a public relation campaign to attract individuals to volunteer in various
capacities. Staff believes the extensive use of community volunteers to promote the Anti-
Graffiti Program's Goals and Objectives will produce a greater level of success towards
long-term graffiti abatement because of citizen participation.
To establish a City-wide Graffiti Education Program, the following five Action Steps are
proposed:
1. Establish a date for the First Annual, GRAFFITI FREE WEEK The Graffiti Free
Week would be highlighted with a community-wide recognition of wearing or
posting of a GREEN Ribbon or other such color designated to attract attention to
graffiti eradication, similar to the red ribbon symbol for the drug free week. The
fundamental goal of Graffiti Free Week Is to eliminate all graffiti with a "Zero
Tolerance" awareness campaign Involving the City and the Community.
Coordinate with the Chula Vista Elementary School District and Sweetwater Union
High School District for:
2.
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Council Agenda Statement
10
Graffiti Abatement Program
"""
a) Coordinating Art Poster Contests among various ages of children
highlighting Graffiti Free neighborhoods with awards and Mayoral
recognition at City Council Meetings.
b) Coordinate with high school, service club representatives such as Key
Clubs, Builders Clubs, Interact Club, etc. to promote Graffiti Free areas
around their particular schools with signage identifying that particular
Club's contribution to eradicating graffiti In that vicinity.
c) To coordinate an Anti-Graffiti Summit for junior high students to develop a
specific "Wipe-Out-Graffiti" campaign targeted to this age group for positive
community reinforcement of family values and civic pride. Tee-shirts, art
posters, "Rap" songs, etc. designed to focus on the positive influences of
a Graffiti Free community.
3. Establish a network of Graffiti Volunteers to distribute Graffiti "Free" pamphlets and
related public relations items. Specifically, the Graffiti Free wallet sized cards
identifying telephone Hotline numbers and refrigerator magnets, in conjunction
with winning art posters for display in supermarkets, local businesses and related
areas of high public visibility.
4. Contact with local graphic artists to develop a Chula Vista Anti-Graffiti Logo for
pamphlet and letterhead identification.
"""
5. As stated previously,staff has initiated efforts to obtain outside funding sources
to assist the City in offsetting publication costs of Anti-Graffiti education materials
with paid advertisements or endorsements.
Implementation Time: Implementation of one or all of the five Action Steps with City
Council acceptance would initially occur within the next ninety to one hundred twenty
days. As referenced under the previous section for development of Anti-Graffiti
pamphlets, staff believes the implementation of the Action steps is feasible without
amendment to the Department of Building and Housing's proposed FY 1994-95 Budget.
Staff believes the measurement of a successful Citywide Anti-Graffiti Program is not the
amount of revenue that the City or the community can generate, but with maximum
commitment from the community for recognizing the need for a dedicated effort to
eliminate graffiti vandalism on properties via personal and collective involvement through
the various Anti-Graffiti Program methods.
Obiective #2 - Citizen and Business Community Involvement: AdoPt-A-Block. AdoPt-A-
Wall and Adopt-a-Communitv Anti-Graffiti Proarams:
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Council Agenda Statement
11
Graffiti Abatement Program
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Per the suggestion of City Council to review the merits of an "Adopr component of the
Graffiti Abatement Program, Staff believes this form of graffiti awareness presents an
outstanding opportunity for citizen involvement which, in tum will generate a positive
reflection towards increasing community pride. Staff believes that a format, similar to the
tremendously successful Neighborhood Watch Program, of empowering a Block Captain
or Community Captain to coordinate local volunteers will prove most effective.
Volunteers will receive a City Issued, photo identification card designating their name
and participation in the Graffiti Abatement Program. -
While the Adopt programs certainly have merit, they are not without some direct costs
to the City. Specifically, the cost of erecting a sign highlighting the neighborhood or wall
involved is approximately $100 to $150 per sign. This direct cost may be offset by
sources of donations, which the sign would identify both the sponsor and the Anti-Graffiti
organization. Coordinating the communications to designated Graffiti Block Captains will
result in a commitment of staff time. Education and training, information on paint
sources and coordinating planting efforts for anti-graffiti plantings represent the level of
commitment the City would encumber. Staff recognizes that the value of this level of
commitment once invested, will reduce the number of complaints, the number of paint-
outs and the number of hours staff currently commits to the Graffiti Abatement Program.
The obvious benefactor is increased citizen participation results in ~ graffiti
eradication.
Relative to sign placement and sign quantities, an estimate of approximately 25 to 30
designated neighborhoods and/or walls would be set for "Adoption" in calendar year
1994. Hard costs for signs are anticipated to range from $100 to $150 each. Depending
upon the number of signs designating ideotified blocks, walls or communities, annual
costs will range from $2500 to $3750. Staff would retain control on the number of
parcels or geographic size of the designated block or community and incorporate
provisions for time frames, performance standards as operational Program guidelines.
The exciting value of this form of community involvement will be to recognize those
neighborhoods or communities which contribute to elimination of graffiti from their areas.
An award program to recognize this level of community involvement could be structured
as follows:
1.
Monetary recognition - Presentation of three awards: $300, $200 and $100
respectively to the group that establishes the highest level of graffiti abatement
within their area or the lowest level of reoccurrence. While this would represent
a capital outlay of $600 annually, the cost of reduced City services may Justify the
costs. Obviously, presentation at a City Council Meating with positive media
exposure would accompany the award winning groups.
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Council Agenda Statement
12
Graffiti Abatement Program
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2. Civic Pride Awards - Presentation of medals, trophies or plaques to the award
recipients at a City Council Meeting with the same positive public relations as
previously mentioned. Cost of awards for presentation could be set at not to
exceed $300 annually.
Establishing the criteria for designating award winning neighborhood or
community Anti-Graffiti Adopt Programs would be structured about factors of area
size, amount of graffiti removed/painted out, average time graffiti was allowed to
remain, etc. Staff is capable of producing the Anti-Graffiti "Adopt" Program
information, program guidelines and distribute for community participation by
August 1, 1994.
Recommendation: That the City Council authorize the City Manager to
Incorporate an Adopt component, such as Adopt-A-Block, Adopt-A-
Community and/or Adopt-A-Wall as an element to the City's Graffiti
Abatement Program.
Fiscal Impact: Staff has identified that the start-up costs associated with the first
year of an Anti-graffiti "Adopt" Program of approximately $3,750 which may be
encumbered within the proposed FY 1994-95 Department of Building and Housing
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Obiective #3 - Graffiti Proaram Manaaer for FY 1995-96:
Given the success of the current graffiti abatement efforts ongoing in the City, the
selection of an individual to manage such efforts could have some benefit in managing
the graffiti problem. Obviously, the designation of a Graffiti Program Manager will not
stop or completely eliminate the City's graffiti problem. Optimistically, given the
enthusiasm and outstanding level of commitment which has been demonstrated from
members of each City department involved with graffiti abatement, providing a central
figure could better coordinate their efforts as well as implementing several, if not each
of the proposed Anti-Graffiti measures contained within the five Action Steps which will
enhance and increase public awareness, community volunteers and full community
exercising of anti-graffiti campaign promotions.
As a program manager, this individual would perform the necessary duties, tasks and
responsibilities of interdepartmental coordination and the community outreach programs.
For Fiscal Year 1995-96 staff believes that in-lieu of a full-time employee to fill the role
of Graffiti Program Manager, that a 2D-hour per week employee (not to exceed 999 hours
annually, w/o benefits) compensated at an hourly rate similar to that of a Journey level
Code Enforcement Officer position, at approximately $20.00/hour is a viable Program
option. Staff estimates that cost to be approximately $20,000 annually.
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Council Agenda Statement
13
Graffiti Abatement Program
Another option is to draft and distribute a Request For Proposal (RFP) for purposes of
selecting a management company to work with staff as the Graffiti Program Managers.
Staff's intent is to seek maximum services for equivalent dollars to that of the 20-hour per
week employee ($20,000). Such services will include all community education and the
related programs previously discussed. The potential value to this RFP approach is that
it may allow for an expanded level of service from the vendor beyond that which may be
offered from a single individual. .
Recommendation: While Staff believes that a Graffiti Program Manager could have
some merit, the department Is sensitive to the current economic climate affecting
the State and our City. Introduction of an IndIvIdual or a management company to
perform the program managerial duties, tasks and assIgned responsibilities may be
necessary once the graffiti abatement program has been Implemented. Thus, staff
will assess the merIts of thIs position during the Budget process for FY 1995-96.
Qbiective #4 - Community Service Hours - South Bav Municipal and Suoerior Courts:
Staff contacted the South Bay Municipal Court regarding the potential for additional
individuals to perform Community Service Hours in-lieu of payment of levied fines. This
was specifically directed to the adults sentenced for various offenses rather than juvenile
offenders. The response from the Court was very favorable in that the Court was very
receptive to sentencing to Community Service Hours based on a rate of $50.00 per day.
Hence, an individual which committed an offense to warrant a fine of $250.00, would be
sentenced to five days (8 hour days) of Community Service. The benefit to the City,
besides the labor force, is the fact that the individuals are adults and would be
responsible for their own transportation to and from various graffiti removal sites within
the City.
NOTE: Currently the Graffiti Coordinator from the Police Department who works with the
Juvenile offenders through South Bay Community Services transports the juveniles on
Saturdays in a City van to each of the graffiti locations.
Obviously, the Graffiti Program must be in a position to accept these adult offenders
from the South Bay Court to maximize their contribution to graffiti removal. This is will
require both coordination by a Graffiti Program Manager and physical material such as
paint, rollers, brushes, etc. and an individual to supervise the crews, but the opportunity
to accept these individuals to assist in the overall Graffiti Program is one which staff will
continue to pursue.
Recommendation: That Staff continue communication with the South Bay Municipal
Court and Superior Court to develop a Community Service Hours work plan for purposes
of graffiti removal. Direct costs to the City are for materials and a supervising individual
~,i.3- 11.~13
Council Agenda Statement
Graffiti Abatement Program
14
to direct the participants. Preliminary estimate is to establish two individuals to function
as supervisors to direct crews two days a week (16 hours) for graffiti removal.
Fiscal Impact: Unknown at this time. Staff will continue to explore this expansion into
this form of human resources for graffiti abatement.
KGL'YII
(II2:\v.t'51\GRAFITIA.113)
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May 2, 1994
MEMO TO:
FROM:
The Honorable Mayor & City cou~1
Councilman Leo~ard M. Moore~
SUBJECT: GRAFFITI ERADICATION BUDGET. REALLOCATION
REF: COUNCIL MINUTE ACTION 3/23/93 (COPY ATTACHED)
It is my considered opinion that the best and possibly the only way to make a major
reduction in graffiti, is to entice peer pressure. If peer pressure is effective for illegal
actions, why can it not be also effective for the good.
In order to pursue this program, a funding source is needed. The only one that can be
reallocated without adverse effect is the Graffiti Eradication Budget. The "carrot" to stop
graffiti is to use graffiti eradication savings toward somethingtaggers can relate to.
RECOMMENDATIQN: I respectfully request the Council initiate action to formulate a
Council Policy similar to the following:" ,,!
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~J-tl "The Chula Vista City Council hereby pledges t 'commit all SAVINGS of
the present graffiti eradication fund that can be c ntributed to reduction in
graffiti, to our City youth via an approved oversight activity such as the
Chula Vista Police Activity League, for a period of 5.1 0 years using 1993194
as the base't!!ar."
The programtfacilities to which funds will be allocated must meet the
following criteria: .
(1) Shall not be a duplication of other programs provided by the City,
YMCA, Boys & Girls club etc.
(2) Both the youth and oversight goveming body mutually agree as to
programtfacility.
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(3) Must be used in established and mutually agreed priority.
(4) May be used for liability insurance and/or supplement City insurance ~
programs.
A potential listing of programs/facilities is suggested: Teen club(s), Skateboard/Roller
Blade Park, Art Classes, Wrestling Programs. Joint use of private/public facilities with
fair share of equipment may be an asset.
LMM:pw
Encls.
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Minutes
March 23, 1993
Page 2
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c. Letter requesting City participation in Regional Graffiti Eradication Program . Councilman Leonard
M. Moore. Staff recommends that this proposal be approved in concept and be referred to staff to work with
Councilman Moore on the implementing details.
5c. This is a request from Councilman Len Moore seeking Council's approval to
divert a portion of the funds now allocated for graffiti removal towards
youth-based alternatives. IT IS RE~OMMENDED THAT THIS PROPOSAL BE
APPROVED IN CONCEPT AND BE REfERRED TO STAff TO WORK WITH COUNCILMAN MOORE
ON THE IMPLEMENTING DET,Q.!'.S.".," .....:'.:<t!.~,. .
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DATE:
TO:
VIA:
FROM:
SUBJECT :
March 14, 1994
The Honorable Mayor and City Council
John Goss, City Manager
Richard P. Emerson, Chief of POliC~
Council Referral 12741, Diversion of Graffiti
Removal Funds to Youth-Based Alternatives
This referral originally contained three phases for graffiti
reduction as outlined in the attached memorandum dated March 16,
1993. Phases I and II have been completed. Phase III was
presented by councilman Moore to the P.A.L. Board of Directors~n
March 9, 1994.
Essentially, this plan would involve an organization such as
P.A.L. working with those who commit acts of graffiti. As
originally planned, if such an organization succeeds in
directin~, entertainin9 and soliciting a major reduction in the
applicat10n of graffit1 on a sustained basis, those funds will be
made available to bring specific programs to fruition. If it can
be shown, there is a 50% minimum reduction towards graffiti costs
based on FY-92 figures, then 30% of these savings will be made
available for programs geared towards at risk youth involved in
committing acts of graffiti. It is felt such a plan may
significantly reduce city costs towards graffiti cleanup, and at
the same time provide an attempt to-direct youth in a positive
vain. ..
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We are continuing to work towacds eliminating the paint over
paint component of graffiti eradication and move towards the
concept of reducing the desire to vandalize by providing positive
programing and activities for young people. This proposal is an
ongoing process that gains support at a slow rate as people begin
to realize the band-aid versus long term approach to quality of
life issues. The police department continues to work on this
issue with Councilman Moore. We will continue periodic updates
as appropriate.
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CIlY Of
CHULA VISTA
OFFICE OF THE CITY COUNCIL
RECEIVED
'J3 IMR 18 P12 ~6
CITY OF CHLiLt. \% T A
CITY CLERK'S OFFICE
March 16, 1993
Honorable City Council
City 01 Chula Vista
27. Founh Avenue
Chula VISta. CA 919'0
Dtar Council Members:
'1m ...klng your approval Ind comm~m.nt 10 contrlbut. a ponion 01 funds the City of Chula VlSla now
allocates for graffiti eradication in a more posltiv. manner without risking more than 1/2 of 1'" of monies
now spent. I can guarantee txtensiv. personal hOurs working wllh 1hoH whO havt aptCiaI tal.nt.
IKperience Ind connections to ensure our tffons have high chance 01 IUCceSS. and as we gradually
..duce the placement 01 graffiti. our COIls Ihould also be reduced. Tnt following IKpIaiIll mort. please
give this proposition your sincere consideration:
Several representativll from the City recently allended our roundtabIt diSCUSSion on ways to curtl the
..nsellls Ind eltpensive cycle where graffiti is temporarily reduced In one IocallOn only to proliferate
IOmewhere else, I was very pleased with the large turnout for this mNllng. and thai many major
organizations, Igencies, and buSinesses which Ire directly ImpaCltd by this probItm and wert able to
lIlend or send a representative. Unlike meetings in the past that focused on Graffiti rtn'lO'4l.or drafting
I 'get lough' graffiti ordinance. this meeting proposed I tNIy workable aolUlion which oonceIvIbIy could
..duce graffiti by 30% In the first lilt monthS Ind lustain I, limlIar, ~ucOon In the fIrIl year.
The plan would involve the major victims 01 graffiti, utility cornpanIH. actlOOI diIlriCtI. etc. In I program
to allocate a percentage 01 graffiti monies now elCpended. (1/2 011 "') the first year. 10"- to 3D'" thereafter
Ind up 10 75% over five years. Al a minimum. this would rtSu~ In a lUIlaintd reduction of . least 50%.
ais estimated in our city 01 Chula Vista Ilone, that close to $250.000 II lpeneS on ~ pill. These
are hard dollars spent IIch year by organizations, Including utility companlts. rnunIcIpaIltitI. CaI T.-ns,
major developers. bUllne" communities, and many ClIlhers. a doeI not begin to JncIuCII the decrease
In property values and Iosl rell tIlate allts that llso result from the edverM ImIgt and acourgt of pill.
(A budgeted Item II one thing. tlowtVer full COIl NCOVtry for ert~""lorl monItI apert II WhIt makes this
program unique). '
Iy U\Dizing 75'" rnlKlmurn pItdgt fuI'lCIS that would othtrWiIt be apert on grdiIi leI1lCNW (ewer IIIvI year
oornrnItmtnt) this program could lend Itself 10 any number of poaltlvt ycutl-batd aIltrnlllvel whiCh
would be welcomed by the younQ and very young people whO perpttrtte pill. wtltIhtr gangs.
"wannabee" or ClIlhtrwiSe. A boKlng facUlty II one of many ecampItI thalli often cIltd . the type of
taclIlty that would IIlract active young people. Other poasIbIlllilllricludt a Ana PfOSl'am. IIc/InCt lib.
I Ikattboard facility. I workOUl room wllh welgtU. . WrtIUlng program. NCqUItbIII oourtI. .... and
the like. SuCh 8Clivitits coordinaled by I PoIiCt Aclivlly League In conjunction wtth 0lhIr YOUlh
OrganiZations would target. bUl not necessarily be /imIltd to thoII active young people whO would
ClIlherwise dtvClIle their time to grallil~ (Set aJso Atlachmt... A).
\~RlnEN COMlt\UNICATIO.NS
17. FOUllTH AVlNUL'CHULA YlSTA. CAUF~IA 11110111'11 .'.1IOoW 'U...sC. - /
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Uke any proposal, however. It's success or failure will depend on the commltmel'1l and dedication of key
people, who are organiZed and dedicated to making this program a success. FOllowing the rectl'1l coun -"""\
decision where Sherman Williams Paint Company unsuccessfully challenged the LA. ordinance, all
municipaltties now have the option for a much stronger and judicially accepted ordinance to reduce
accessibilfty and availability to the col'1lributing causes of graffiti.
A recel'1l meeting with William C. Pate, Presiding Judge. JLNenlle Superior Coun has ,.lnIorcad the
community service aspect of this program; InvoMng both jLNenile and parel'1l COIlC1ms, the ~uIts of
which could deter a number of those apprehended in comm/tIing acts d graffiti and Olher vandalism.
Although we are but one of many communities tackling the problem d graffiti (IH artactvnant B), our
lOlution, II successful. could be one of the most innovative in Southern California. 1ha Iloglc d CClr'dlnuIng
to lpend gralltti eradication monies in an endless cycle of pail'1ling and ra-painting demands that we find
a workable alternative. With proper IUPpon and dedication, this proposal can be that aIlllm8tiva. without
any Increase in expended funds. .
Yours in Community SeNice,
~~Ul.
Leonard M. ~
COUNCILMAN
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CC:
Terry Mullrady. VP/GM. Pacific Bell
Don Blind, General Manager, Laidlaw Waste System
Don Bradfield. Regional Manager, Can-rans
John Vugrin, Superil'1lendent. Chula Vista School District
George Waters. Mayor, National City
Pat Cavanaugh, President, Chula Vista Chamber of Commerce
John Rindone. Superintendent. Sweetwater Unified School Dist
Tom Larwin, General Manager, Metro Transit Development Board
T. Page. President, San Diego Gas & Electric
Rann Santos, President. Eastlake Development
Richard Reynolds, General Manager. Sweetwater AuthorIty Board
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Invest 75'10 of Your Annual Grafllti Eradication Program Funds
In P.ople V.rsus Paint
If we pOOl the average annual SoUlh County public and private funds a1lOClled to eradical. graffiti;
what would Ihatsum be, 5' million or mor.? II we pledge 75% of thl 8V.rag. aMual funds 10 a SoUlh
County Polic. Activity Leagu. program for fiv. years, w. could NV. 55 million dollars for a people
program v.rsus a 'paint and r.paint' program. Allow me to pres.nt thI following ac.nario:
Phase I: The major organizations now eradicating graffiti in the SoUlIl County pledge,/2 of'%
d pres.nt eradication annual doUars. Organize a group 01 dedicated people who when comblned. are
very knowl.dgeable In working with the young II rtsk, recreation programs, organlUIion, finance,
government, lecurtly, leadership tic. AUow them 10 know tt:lat If they lucceed In elirlClin;. ent.rtaining
and loliclting a major r.duction In the application 01 Gralilti on I Il.IIIalned basis, that tuncIs will be
8Vailabl. to bring specWiC programs 10 fruition. Call. this group the SOIJIh County PoIica Activlly League
with a Board 01 Dir.ctors aUlhoriz.d to pursue programs desir.d by thole at risk, within I IplCiflC: listing.
The programs may well. include boxing. wreSlling basktlbaU, track, w.ight rooms, PII.board facilities,
Irt rooms. sCience labs. locker rooms and showers facilities/space could also be provided by publiC Ind
privlte .ntlties including clt.es schools. physical fnnns facilities, YMCA, BO)'s and Girls club and the like.
Upon r.aching a 30% sustained reduction in graffni you, the grantors. would Incr.... thllnltial 1/2 of ,%
to '0% WhiCh would r.pr.sent a typical reduction In eradication COliS.
Phise II: Facility agreements would be closed, a percentage of .qulpment procured, UMrs would
be organized into teams, sessions. schedules maele. Insuranc. policies obIain.d, Instructors commlt1ed,
programs formulated. elc.
Phase III: Will be trigger.d when a sustained r.duction In graffiti reaches I minimum of 50% 01
which time you will be r.quest.d 10 incrllse reallocation of Grafllti .radiCllion lunds to 75%, Nvings
permlt1ing II your continued cost In .radicltion excHds thl r.maining 25%. then your reallocation will
be r.duced Iccordingly. The fund commitment Ind eradication fund totallhaU not IXceed present
8Vlrage year IDlal now spent in FY'&2 dollars. .
With a commlt1ed fund, programs can be improv.d', facilities updated, paid SlalI lugment.d by
volunteers with polic. "all being the mainstay. Equipm.nt and athlllic gear would be expand.d with
Increaseel yOUlh involvement; one or more sklt.board facilities might be COC'lIlNCIed, aJong with I boxing
ring or other shared facility. Anoth.r possibility to delray expens.s would be appropriat..
Although funding would be broken down by thai lpent within I given city IIC.. the organization
would remain SOUlh County. Board members will be from lach clry tI'lIr.by l'llaining loll'll UNg.,
scheduling. purchasing and liaison with thOS. at risk to lUllain I ~uc:tiOn In pili 1huI.-.urln; funding
aourc:e.
Ther. is little doubl with thI commitment by thoM II rlak to ~UCI grId'lllIlI llUIIainICI~,
would result from thOll and other PoIic. Activlly l.eague programs. We wUl aIIo IChIIvI an IItmenl thai
_.rs crimi and help develOp our yoUlh Into an Improved lOCiIIy.
By reducing tn. eycle 01 gralliti Ind incrtaslng youth participllion In PoIiCI Activlly League
programs, cities may wen subsidiZe facility conIIruction and JncorporIIe ttltII II'lCf Olhtr valuable
programs.
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AttaChment oAo
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THIS PAGE BLANK
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110- :2 2-
MEMORANDUM
DEPARTMENT OF BUILDING AND HOUSING
DATE:
May 17, 1994
Honorable Mayor and Council r I.
John D. Goss, City ManagerJ91~ ~
Brad Remp, Assistant Dlrec~
Gramtl Report Supplemental Information. Costs
Item #16
TO:
VIA:
FROM:
SUBJECf:
==============================================
The following Is provided as supplemental Information for the Report on Gramtl Abatement
and specifically In response to questions regarding existing program costs posed by
Councilman Moore. The Report Identifies a cost estimate for City sponsored gramtl
abatement "In excess of $200,000., based on the Full Cost Recovery rate for stan'tlme (page
4 of report). Councilman Moore has requested the estimated cost of this abatement activity
lfthe overhead factors associated with Full Cost Recovery were not Included. The estimated
cost of the program considering only materials ($24,000), transportation ($',000) and starr
time Including benefits ($'5,000) results In a total for 1993 of $128,000.
It must be emphasized that these starr cost figures represent estimates collected from four
dlrrerent Departmental budgets. The time spent on gramtl abatement activities by the
various starr members In each Department represents time taken away from performance
of the primary duties of their position. A reduction In the amount of gramtl would result
In more time being available for existing starr to perform their primary duties. There Is no
single line Item addressing gramtl abatement within the City budget.
BWR/bwr
(c\wp51\Adl111n\anl$-fc)
I " - ,,23
Su\::n",:\-t -h ~ M,/ti n l1ct4
INDWELLER n~ L~
INfrastructure Dealing with Waste WELL Earth-Xestoration
a non-profit mutual benefit corporation
BOARD OF DIRECTORS AGENDA
SAN DIEGO ASSOCIATION OF GOVERNMENTS
NOVEMBER 19, 1993
ITEM# R-123 GANGS IN THE SAN DIEGO REGION
PUBLIC COMMENT: INTRODUCING STRATEGY
We all live within only one environment. As an INDWELLER, we
recognize that the environment continues to lose it's support structures.
The human resource base is an important support structure to the goal of this
corporation. To regain and sustain support structures that prevent waste of
human and natural resources, a new infrastructure from the community
resource base must be built.
INDWELLER is a cooperative of businesses, a team working together
toward the goal of a sustainable society through holistic resource management.
Our team member, Warren Kirsch has just introduced his strategy for
Bringing an Era of Community Excellence into reality: A California Cleanup
Games curriculum that has been working for nine years in Orange County.
This young man has taken on the problem of gangs and graffiti in a
comprehensive project. He shares the goal of teamwork, excellence as a state of
being, respect for property, community and environmental responsibility, a sense
of purpose, and focus.
Thank you for the opportunity to present a strategy that is one tool to build
the infrastructure that supports an alternative to gangs and graffiti.
OIA.- b\O~\.-\: Js- ~y-
Teresa Aland
Executive Director
1433 Nadon Avenue, Chula Visla, CA 91911-5513
PHONE (619) 422-1145 FAX
/(,.-071
California
Cleanup Games'.
Bringing an Era of Community Excellence into reality'"
Replacing graffiti, vandalism and gangs with
productive teamwork, academic excellence, respect for property,
community and environmental responsibility.
California Cleanup Games™
(714) 729-2021
o Illll3 WARREN KIRSCH. Al.L RIGHTS RESERVED
//,-.2-5
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California Cleanup Games™
Bringing an Era of Community Excellence Into Realltr
TABLE OF CONTENTS
I. Executive Summary
II. From the Founder: The Project Details
III. Strategies
IV. Phase 1:
The Paradigm Shift in Excellence™ Program
V. Proposed Sponsors Lists
* Sponsors of Support Structures
* Sponsors of Supplies
VI. Referral Sheet
(Rev. 11/93)
/ IJ -;J.-(,
California Cleanup Games"
Bringing an Era of Community Excellence into Reality'"
EXECUTIVE SUMMARY
Throughout America the message Is clear: give our children a Qua.11ty Education
and free our communities from graffiti, vandalism, litter and gangs; lead ,us to a future
In which all Americans, young and old, celebrate our diversity, community spirit and
civic pride. The message is clear. The callis heard.
Now is the time to create a new chapter In our history. A chapter where our young
people, heeding this call, accomplish academic excellence, community 'responsibility,
and environmental stewardship. A time when students commit to excellence not just by
words, but also by deeds. Deeds through which students become leaders taking our
community into a new era. An era called "Community Excellence:
We are living in historic times. We can make history together. Imagine reading In the
future about the "Era of Community Excellence:"
"In the 1990's community leaders declared to young people that
they, the youth were valued members of the community and their presence
truly made a difference. Then, assisted by a unique school program, stu-
dents willingly took responsibility for their behavior. They showed pride in
their community and brought a new parent/child teamwork to their homes.
With youthful innocence, they were inspired by a future free from
war, hunger and poverty. Inspired to lead the way to a world of peace, well-
being, and abundance, students excitedly found purpose for their education
and their lives. The young men and women achieved academic excellence.
With the guidance of their teachers, students managed extraordinary pro-
jects. They caused entire communities to work as teams. With their parents,
they brought their families together.
In this special time In history, the student leaders united the com-
munity to work together for a common purpose. They made a difference as
valued members of the community. They achieved Community Excellence:
For nine years, Califomia Cleanup Games'" has worked for the realization of this vision.
We now invite your partnership and collaboration In writing this new chapter in history.
We invite you to read the details of the Califomia Cleanup Games"'...
"Bringing an Era of Community Excellence into Reality."
)t- - o? 7
California Cleanup Games"
Bringing an Era of Community Excellence Into Reality'"
The goal of the California Cleanup Games'" Is to provide students with the skills,
tools and structures which can support students Inspired by a vision of the future. A
vision which will both motivate students and provide a way to take action. The program
acts as an early intervention and gang substitution program. California Cleanup
Games'" provides a framework to replace negative behaviors and attitudes with the
positive ones of teamwork, academic excellence, community responsibility, and envi-
ronmental stewardship.
The program consists of a comprehensive series of unique activities, lectures, in-
class exercises, and all-school assemblies. The program is carefully designed to teach
in a manner that not only engages the interest of the students, but also provides an
experiential way to learn excellence, teamwork, and responsibility. These experiences
and subsequent activities bring about astonishing changes in student attitudes and
behavior. Students exhibit teamwork and encourage each other to excel. Inspired by
an exciting vision of community and global excellence, students take action for making
a better community, a better world.
BENEFITS
The annual cost of graffiti removal in Orange County alone is estimated to be in
excess of four million dollars. Cities that now pay an immense amount for graffiti
removal, and spend hours of time trying to combat "tagging: will be able to use the
funds for other urgently needed programs. In communities where California Cleanup
Games'" has been in operation, participants have continued their efforts to maintain
cleanliness.
One adult participant reported that seven years after his participation, he continues
enjoyably keeping neighborhood parks clean, and is now teaching his children to do
the same.
Schools that have participated in this program benefited immediately from the
improvement in student behavior. Students became responsible for campus cleanli-
ness and keeping the school free of graffiti.
Teacher Carol Muse of the Lynwood School District said this about the California
Cleanup Games~"children have become aware of and responsible for their community
and Its environment. In the classroom they have learned to take responsibility for
classroom cleanliness, even pointing out to the custodian areas in the classroom that
need to be cleaned."
As students change their attitudes and become inspired by a vision of a better
America, teachers and principals are seen in their rightful roles as visionary leaders
who assist students to achieve their goals.
Teachers enjoy more satisfaction from teaching students who are active, respon-
sible for their learning, and task-oriented.
Parents and families also participate in the program. The family structure becomes
strengthened through carefully designed activities.
Additionally, employers will benefit from the improved work attitudes and habits.
/ (r :J4
How California Cleanup Oames™ works
The California Cleanup Games'" Is offered right at the school site and Is totally sup-
portive of the curriculum. The unique feature of this program Is that It Is a total school
program. The goal Is to affect attitudes and Improve behaviors of everyone in the
school all at the same time. California Cleanup Games'" then works with the entire
school, Including administration, teachers, and staff, on the subsequent structures
which work to reinforce the changes.
The program starts with the "100% Cleanup Game"': the unique outside game led
by national athletic champions. As students play this fun and exciting game, they have
B powerful experience of the following crucial elements:
· teamwork
· excellence as a state of being
· respect for property
· community and environmental responsibility
· a sense of purpose
· focus
When students return to the classroom, they participate in carefully designed activi-
ties to reinforce and expand what they have learned. Students practice new habits
through keeping their desks, classrooms, and the schoolyard "100% clean."
As the students continue to keep the school free from litter, the teaching method-
ology and support structures provide an experiential way to learn excellence, team-
work, and responsibility.
The next stage of the California Cleanup Games'" provides students with a com-
pelling vision of the future. A movie Is shown which has been designed to tap Into stu-
dents' dreams of the future. This future Is Illustrated as free from war, hunger, sick-
ness, poverty. This "message from the future" calls upon the students Individually and
collectively to find the social, environmental, and technical breakthroughs necessary
to solve current problems.
To address these Important problems, students create "School Breakthrough
Technology Teams." As students participate In solving larger problems, they begin to
see school and learning as ways to support their dreams. AcademiC excellence now
becomes a reality and students' self-esteem further Improves.
During the next phases, California Cleanup Games'" nurtures the development of
employment and entrepreneurial skills, gMng students Increased economic opportunity.
By providing community support structures with the school program, parents and
the larger community become Involved.
/~e2t
CommunIty Support Structures
"'. For 21 days, students conduct five minute
projects at home. These projects Involve cleaning and straightening out some part of
their rooms. Often parents are astonished at the change as they observe their children
bringing cleanliness and excellence Into many areas of their lives.
Itle Commun~ SplLit Game"'. This unique process works to gain parental Involve-
ment. Parents are Invited by their children to help their school win the "Community
Spirit Game"'." Several schools have a friendly cooperative-competition at a local
beach or park. These games are designed to promote parent-chlld teamwork while
having a good time. As more schools participate, the potential builds for a broader
sense of community Involvement. Working together, students can put their efforts into
Improving their neighborhoods and showing their disapproval of gang and "tagging"
activities. The goal Is not only to persuade "taggers" to cease their activities, but ulti-
mately for "taggers" to join their peers In a new opportunity to express community
pride.
How thIs program dIffers from other programs
California Cleanup Games'" Is a comprehensive program designed to replace litter,
graffiti, and gang activity with productive student teamwork, academic excellence, and
community and environmental responsibility.
Unlike other programs that may take as long as 30-60 hours, this program teaches
core concepts in intense, brief sessions to everyone In the entire school. Then, so that
students can fully Integrate what they have learned, California Cleanup Games'" stays
and provides an Intricate support system to ensure that the process continues.
Research shows that attitude change follows behavior change. In this program,
students practice new behaviors until they become Internalized as habits. As students'
attitudes change, a paradigm shift occurs. That Is, students change the way they view
their immediate environment and their own roles and responsibilities In this environment.
Numerous support structures accelerate the paradigm shift and cause a restructuring of
students' priorities, attitudes, and behavior.
The improved students' attitudes and behaviors continue long beyond the program
presentation. According to teacher Carol Muse, "It has been over three years now since
California Cleanup Games'" was here, and the students are still practicing community
stewardship!"
jti--)P
.
,
About the California Cleanup Games'"
Warren Kirsch, founder of Califomla Cleanup Games"', developed this completely
unique program as part of his commitment to solving critical problems in our commu-
nity. California Cleanup Games'" Is a full service plan which includes teacher training,
leamlng materials, support activities, and on-golng services. Warren has also created
over ten school and community support structures to expand environmental steward-
ship.
The California Cleanup Games'" was originally created to produce 100% clean
beaches. However, It soon became apparent a larger phenomenon was happening.
Participants began reporting changes in their on-going environmental habits and
enthusiasm for cleaning their homes, cars, and offices.
After hundreds of participants reported similar results, a pilot program consisting
of selected aspects of the California Cleanup Games'" was launched in selected
elementary schools In Lynwood, Costa Mesa, and Dana Point. These pilot projects
met with such success, that California Cleanup Games'" is retuming to present the
total program.
Throughout America the message is clear: give our children a Quality Education
and free our communities from graffiti, vandalism, litter and gangs; lead us to a future
in which all Americans, young and old, celebrate our diversity, community spirit and
civic pride. Now is the time for action.
We invite your collaboration in writing this new chapter in history.
We invite your partnership In bringing about a new Era.
Now is the time for Community Excellence.
Now is the time for the California Cleanup Games"'.
For further information, and to schedule a presentation of the program, contact:
Warren Kirsch, Executive Director
California Cleanup Games'"
3886 Montego Drive
Huntington Beach, CA 92649
(714) 729-2021
/~-3J
California Cleanup Games.
Bringing an Era of Community Excellence into Reality-
The Project Details
By Wa"" KIrsch: Fou...... of CaUtomla Clunup Glirnes'"
ThlIre .... funclalmentally ttvN gr.m taka .... for OW' KhooI .,...... _ community:
1.The replacement of vIoltlnce, gangs, gr&lIiti, Y8I1daUsm, and Illter with community cleanliness,
stewardship, spirit, rlIllltedness, in Ihorl: a "Me of convnunltv ............JhDltv
2. The I8pid 1018 of landfill ~. requires a new behmor _ Iln\llronmental........v'lslblllly
3. To ellBble students to compete in a 'Total Quality" global economy of the 21 st centUIY, students must
be IIble to peltO"" excellently. _ thenlfore must acquire 8Xcellence 8S a stata of belna.
All three taka wiD requira unprecedented behavior changes requiring a PlUIICfllJRl Shift. Thet Is, . wiD require students
to change the way they view their immediate lIIWiIonrnenI and their own roIe8 and nIIpOIlIIIIIity in this environment.
Callfomla Cleanup Games'" Is a paradigm shifting project which gives students immediate lIeun to excellence, team-
work, community rasponalXlity _ anvironmentalstewardship. Theae paradigm ahlfla hay. the potential to replace
gralliti, vandelism, Utter and gangs with communlly and environmental responslblIity, acadenic excellence, and give stu-
dents the tools for economic competitIv_ in the 21st century.
How Is this achieved?
ThIs Is achieved through an extraordinary total achooI plOgfBITl in which faculty and student. acce.s excelltlnce and other
core concepts including laaclership, excell.nce, tumwork. alacrity (cheerful fut action) and focus. A fun, powerful
restructuring of student attitudes _ coIIactlve behavior begins. resuttlng in the deveiopmenl of effective work habits,
study skills and academic excaDence, caqlUI and community claanUness, volunteerism, environmental stewardship,
parental involvement, and convnunity responsilility.
The project promotes an exciting vIslon of communlIy and global excellence, calling students to action. Students become
motivated to use their achooI as a support structure for knowledge, teamwork, Inspiration. and tools to personally and c0l-
lectively pursue e vision of exceDence. Principals and feculty .... given the resources to be visionary leaders and man-
agers. California Cleanup Garnes'" provides academic and community structures which nurture the development of
potent employment and antrepreneurial skills. giving students incr88sad economic opportunity. California Clunup
Garnes'" is not just another program, It creetes a paradigm shift with the structuras to support SUCl:ess within the new
paradigm. Success within this new paradigm wiD give OW' children a global co~titlva edge.
What ehanges are .een within thl. new o....dlgm?
Student. notice themselva. Individually and collectively working together like they naver have done before.
Environmentally, what was once viewed as trash, Is now seen as resources. A new ability to racycle 100% arnerges.
Creating school cleanliness, praviousIy viewed as a punishment. now bacoIMs an enjoyable action which everyone does
spontaneously. Classroom claanlinass. praviousIy a custodians rasponsbiIity. Is now seen as a sharad responsibility es
students take personal responsIlility for having their desk, class. _ campus I'lIfIec:l ~..... claanliness. ThIs c0m-
mitment to cleanliness expends outside the campus to become convnunity stewardship. As students witness each other
adopting new attitudes and behavior, they begin to S8M8 the potential. coIIactlvely, they have for producing potent results
in the world. Utilizing state-of.the-art laaming skills and i"lJlernenting unique support structures, unprecadented numbers
of students begin achieving academic excallance. As they access a vision for themselves in the 21st century, they
become excited and open to a world previously unimaginable.
What cafe conceals are eX_f._need .n the Pro9fam ?
Core concepts initially experlanced _ Iaamed ....: 1asderahIp, lIXC8Ilance. lmpaccability. teamwork, encouragement,
focus, self..steem. objectlva., goals, cooparatlve-compatitlon, environmental c...nlln.... community ste_rdshlp,
alscrlty and !1m I
What h8DpenR In the Dragram?
The .Paradigm Shift in ExceUence- program begins with an In-Service for all the faculty, administration, and custodial
parsonnel. The entire stall experience the core concepts, understand the Project strategy, and leam how to easily sus-
tain and accelerate the momentum of the subsequent environment. Then, beginning with the grades 1st through 6th,
, .-
ctsss by clsss, students experientially access these core concepts though the "1 00% Claan~ Game ,where they
enjoyably claan pert of the achooI ground 100%. They enjoyably claan their classroom and desks . 100%.. Parants are
J~ - <3.2
'\
often astonished at the changes they observe 88 their children bring cleanfiness and excellence into many areas 01 their
lives. In the community they help keep their city litter-free, discourage graffiti and involve parents with school activities.
Students are organized into cIassIoom Excelent LearnIng Teerns, where they praclIce excellent teamwork. These teams
ldze a methodology designed to provide students with powerful social connection and individual self-esteem; Research
lias shown that youths typically join gangs in a quest to experience social connection and self....eem. By providing thasa
two elements, powerfully throughout each day at school , these needs wiD be fulliIled. With thue needs fulfilled. new par-
ticipation in gangs wlI s1gnlficanlly deel'lllB. C81lomia Cleanup Gamu'nl, thelefore. 8Cls 88 an early intervention and
gang UIslllution program.
What makes this prQgram different?
e.sicIH being a total school program with coq:ll8hensiYe support slnIctures. what makas this program different is the
teaching methodology. The typical mathod ~ teaching clvica or community l8IponSilility is usually conceptual. While stu-
dents may understand the concept, this method doesn' give experiential access to 'being' rasponsllle for community.
and, may have studerlls perceive community reaponstiftity 88 an aduU value. Callfomia Cleanup Gamas™, however.
gives studerlls direct acesss to communly responsibility 88 a 'way ~ being: and . does . In 30 minutes, on cempusl
In addition, this method ..lows students to exparieIl1ially ~ .11 other core concepts. The methodology is : access. 8l(PB-
rIence, then label. This "exparlence-then-label" pnlcs.. eIIows even second grade students to leam abstract concepts
8UCh 88 teamwork. i~ftity. excellence, alacrity, etc. a-use theee expariencas are fun, they are internalized as
youth values and youth-orienled behavior. a-use theee behavioral skills are used dally, they develop into atlitucles.
These fundamental character building attltudas and behavior convart into standards and valuas which are seen through-
out their educational development, and tend to be permanent. By combining community support atructur88 with the
school program, students expand teamwork, excellence and responsI)ility to their family and Into the community.
The program is also different because. typically. abslract ooncepla are only discussed with and understood by 5th or 6th
graders. This confines the behavioral change to theee grade levels and does not cause a total school change, making any
change difficult to 1Uslain. California Cleanup Gamu™, however, teechas these abslract concepts experientially to all the
grade levels, over one week. At the concluding Aft School Assembly, a simultaneous. total school shift OCCUI'I, and a new
sustainable school environment emerges. This environment is sustained through positive peer pressura and unique aD
school sI.WOfl structures. As this anvironment coni..... the new peer preIIIIU'8 strengthens. It is the new peer pressure
for community stewardship that wiD have the greatest effect to ellninate gralflli. vandarlSlTl. litter and gang activity.
{
How doe. the "100% CleanuD Game""" work?
The students play a Unique outside game in an environment spaclally created by four leaders. mostly national cha""ion
ethlel88. In this game. which enjoyably pnlI'IlOtee envIronrnerUl stewardship. they Ieam quickly that what they think is
excenent, teamwork, encouragement, ian,... thereafter they quickly experience and leam thue concepts 88 skills. utilized
in the classroom later. Students Ieam to operate 88 a teem. and 88 a community. This community teamwork increases
students abUity to suppolt each other so that acadenicafty, students can go f&r beyond what they had ever imagined.
!
Does excellenee. Impeecablll~a Itnd a 1 DMC. 1lt8ndard.. nromote perfectlonlgm?
No. Students leam that Exceftence is tempered by Appropriateness. Given time constraints. or the task at hand, n may
not be appropriate to accomplish the task excellently. Yet. when the task requires excellence. students wiD be able to per-
form. Today. co~ who deliver exceUence, or praclIce"TaUI Quelity", hava.a COfI1)etilive -edge. However, 88 more
companies shift to Total Quality by the 21st century. exe.lsnce wil be mandatory just to enter the markalplace. Alreacly,
American products must meet a European quality standerd-ISO 8000, just to be able to be markeled and sold in Europel
In Amarica . ISO 9000 is repidIy being adopted 88 an Industry standard. By the 21st century, excellance could be a basic
"skiD" requirement. C81ifomia Cleanup Gamu 'nI provides students a peredigm shifl in exceRence, whereby exceDence
can become a nelure1 state ~ being.
Why are California Cle8nQD G8mH'hI ....ulta long term?
a-use these experiencas are fun. they ere Internalized 88 youth oriented values. With each core concept experienced
as a 'youth value'. theee values ara Ias lkely to be discarded during adclss~1IIlC8 88 studerlls chaBenge aduU values and
authority in their nelural search for Individuality. Therefore, every upecl ~ this projectls youth-oriented. Student peer
pressure can more effectively put an end to graffiti, tagging, vandalism, than by adult p18Itlnl. SlucIent peer prassure is
potently generated. not by a progra~-the-month. b14 by a paracflgm shift.
How I. the environment created bV the p.radlvm .hlll maintained?
Several years ago. in pilot programs using only the 100% Cleanup Gama"'. students were observed naturally continuing
to pick up litter spontaneously on their campus, for over three years. These rasults. without any continuing supporlllrUc.
ture, indicated that a paradigm breakthrough had occurred. What had occurred was a commitment to environmentsl
responsibility and COlI1Ift.Inity stewardship. Today, as a muJtl..phaee project, Califomia Cleanup Gernas'" oilers over 10
J~ - ..:U
(
l
f
unique school and community support structures maintaining the environment, attitudes and behavior. Using national ath-
letic champions, serving as role models, California Cleanup Garnas '" conducts the program for the school. Taking only
thrae lIudents hours, oyer one -'<. a new, excited school environment is given to the faculty with easy to use mainte-
nance IINClures.
Communl~ s...pport Structures :
The 21 day Journey In Excellence"': For 21 dBya lIuderU oonducllhort 5 mftlle projecla at home, begiMing with
cleaning pelts d their room. They IlraigIUn out their shoes. or a c:Ioeat, drawer or box d toys, Ike they have never done
before. When panlnta look inside their chldren's rooms, they are aIloniahed. Parents observe their children bringing
cleanrmass and excellence into many .reas d their &fe.
The Community Spirit Gams"': A unique proCII. to gail parentaJ Invotiernent expands into the community, when par-
ents .re invited by their children to ~ their school win the "Community SpirIt G.ma..... initially, six to twelve primary
schools, playing the "100% Cleanup Qama- at a local beach or park, have a friendly cooperativ~. As the
prize, Uvea of the twelve schools win a trip to . local theme park, such as Disneylend. Beceuse to the spacial design of
this event, lIudents wIh their family wi. experience fun, tMlllWOrk, alacrily, excellence, eal-4lleern, environmantal
responsibility and conmunIly 1pirIt. ThIs promotes pare.... child teamwolk. This event can open the door for Increased
PTA Involvement. The Community Spirit Game'" .,....,u a remarkable oppoItunity to embrace our racial and cultural
clverslty, by allowing adults, together with primary school children, 10 work shouIcIer 10 shoulder, having fun, producing
community excaIlence together. n aiao offers the opportunity. for Americana, to .gain experience being partners toward a
higher pwpose- regaining our sensa of community. Initial evants will host tan to twelve thousand lIudents and family
mernbera. As the Community Spirit Games'" lIpI88ll across the country, they are antq.ted to become the largest on-
going, non-emergency lIimulated, volunteer events in history.
With middle schools .nd high schools completing the progr.m, then participating with their families in city.wide
Community Spirit Garnas"', Iludents expand their commitment to community excellence. As more Iludents view gralliti
and litter as inconsistent and unacceptable, they will no longer tolerate community defacement by their peers. As cooper-
ative teamwork .nd community spirit builds, we can more ellectively diminish gang violence.
Challenge 2000'" : After the Community Spirit Games'" another supportllructure, Chellenge 2000"', is designed to
expand students community lIewardship and atte~ to diminish our gang problem. Challenge 2000'" when fully i~1e-
mented will cause 2000 energetic community excaDence projects, to airnuIIaneously occur. These projects, managed by
high school seniors, win enlist thousands of participants. Ullirnately, with 500,000 participating, .nd with lIudents invlling
their tagger/gang peers to create a project, it is anticlpated that gangs heedlng their peers caD wID join their peers to pr0-
duce community projects. Such partq.tJon in community projects is already being shown declive on . smaD scale, in
cities such as Los Angeles.
Although optimistic, within this qUMt , enother scenario becomas quile probable. With schools producing:
. excaUent teemwork, providing students with powerful social comection and lncIivIdual aeIf-elleem;
. students achieving academic excellence, adopllng environmental responai)ility and community stewardship;
. students developirig job skills providing marketable employability and oppoItunity.
" is more probable that new participation in gangs will slgnif"1ClII1l1y decreese, quickly diminishing gangs due to natural
attrition and to a lack d new foIJowera.
A Vision of Communlly and Globa' Exeenenee : The 100% Cleanup Game'" sets the foundation by creating a para-
digm shift. Students become open to . world previclwIy unimaginable. WIdening this oppoItunity, Ie a spacially designed
video viewed at .n All- School Assembly. The video, intended to be produced by Paramount Studios, utilizes the well
known youth oriented television show, Star Trek: The Next Generation, to viaualize a path to the future. Tapping into stu-
dents dream of being on a Ilerahip, 'beaming up. curing aickness with electlO/ll8gnetic pulses, ate. It Hlustrates a future,
one free from war, hunger, sickne.., poverty, ate. Speaking from the future to the lIudents, it racels the crisia earth con-
fronted in the 1990's and how the students realized it was up to them to, Individually and colIedively, find the social, envi-
IOMl8ntal, and technological braaklhroughs necu"'Y to transcend our situation.
n speaks of how students used their school as a support slructure for realizing their aspirations to make a difference. How
in teams, they supported each other to leam, to develop .nd produce breakthroughs. Community Spirit Games"',
Community Excellence Projects. School Breakthrough Technology Teems, GJobel G.mes utUlzing satellite technology
brought the communillas of the world closer together. Working together, they Ieed the way to . world d peace. weD-being,
and abundance.
Once . path to this possible future is cleerly iDustrated, Patrick Stewart (Starship Captain Picard) is seen walking 011 the
futuristic sat. He sits in a directors chair and talia the students that this was just a fantasy, that their is no real future,
excap! that which we create. While aD these problems do exist, U- problems .ra really opportunities for some lIudent
or teams of students to make the d"lIIerence, perhaps for .n humanity. He concludes, . we can all hope that this is the wal
/ tP ~f
the luture will occur, but as it &tends now, this is just e fantasy, Perhaps, only you, the students, will detennine how things
actually tum out,"
Students are left with a dilemma: thase problems atill exlat. But they are also left with an ability lor action.
During the video, students will have _n 10-30 apecIfic problem areas. While students are not told to do anything, nor
are they challenged, they are left wilh a choice, more 01 the past n. or an attempt at a futurel
After the video, students say what they think wouid be important goals for the world, their community, their school, their
fluniIy, or themselvea. They are aaked . d.signing any of U- braakthrougha is I...,ottanl to them. " more than one stu-
dent ~s an interest In an ansi, teams can be eel up Instantly, fonning School Breakthrough Technology Team, as
_II as a communication structure to NPort their pariodic findings to the OCher students. These findings will encourege
more student participation.
For these students, echooI now has a new I~nce to support their aspirations. These teams can utBize their schools
ability to link the computers to university and research centers, accesalng information on breakthrough research
As these students attempt to rea6ze breakthroughs, the principal and faculty have exciting new roles as both partners and
visionary leaders helping the students to lulIiIl a mlsaion. School lifter echooI can focus on crucial problems. A generation
d youth uti6zing thell: imagination and innovative creativity, can perhaps produce, from "unlikely directions", the break-
throughs lor humanity.
Regardless 01 the Interim reauh of a Breakthrough Team, they wiI have leamad an important proc.... They will have
Ieamad how to access information, how to be innovative, and how to analyze the potential implications from new tech-
nologies emerging on the horizon. They therefore, from the project, will have Ieamed excellence, iMovation and anticipa-
tion 01 technologically induced paradigm shilts, giving 011I' youth an extreme competilive-edge lor the 21 st century.
/{-- 3.5
California Cleanup Games1M
Bringing an Era of Community Excellence Into Reality'"
Strategy
Califomla Cleanup Games'" is a multi-phase project designed to have students be the leaders in ful-
filling community excellence.
The strategic Intent of Califomla Cleanup Games'" is to provide enjoyable leaming environments and
opportunities which will produce community excellence.
Califomia Cleanup Games'" is strategically designed. At the heart of the c1asign is a fun game which
produces a paradigm shift in excellence. This provides students a new outlook regarding their own
roles and responsibilities in their Immediate environment. This outlook provides a new viewpoint for
leaming and utilizing 'eamwork practices. which will result in Increased productivity, academic excal-
Ience and community cleanliness. An intricate support system of games, projects and challenges
allows students to fully integrate what they have leamed.
Stage 1 through 3 provides a far-reaching school program and support structure, which help prevent
graffiti, vandalism and gangs and replace them with productive teamwork, academic excellence,
respect for property, community and environmental responsibility.
Stage 4 provides support structures and projects which accelerate academic excellence and expand
community cleanliness and stewardship.
Stage 5 . 6 is designed to eliminate graffiti. Teenagers engage in a. unique challenge, focusing their
energies and newly acquired skills towards creating community excellence. This challenge ultimately
provides, for them and others, new economic opportunity.
Stage 1: Primary Schools: the foundation
Preventing graffiti, vandalism and gangs.
Stage 2: The Middle Schools
Students for community cleanliness.
Stage 3: The High Schools
Controlling graffiti and vandalism, planting the seeds for community excellence.
Stage 4: Media Recognition
Using the media for student recognition and acknowledgment, promoting excellence.
Stage 5: Community Excellence
Eliminating graffiti and vandalism, bringing community excellence into reality.
Stage 6: Boosting Economic Productlvlt~
Graduating high school seniors establish small businesses.
J? - #y.
California Cleanup Games™
Bringing an Era of Community Excellence Into Reality'"
Strategic Overview - General
Stage 1: Primary Schools: the foundation
Preventing graffiti, vandalism and gangs.
Phase 1: Learn "teamwork practices for excellence..
Ga.. Obj.cI\.....InIpecIon. ~~ Self.&lHm, TMnwork, AcclounWiiIy,
lAedorthip. Coopelllliv$-Con.,.tition, ~ "-'" Alufty, Imp I : rUIIy, Tedlnlque
Phase 2: Practice and maintain excellence.
Phase 3: Student community action for excellence and parent participation.
Phase 4: Expand parent participation and community stewardship.
Stage 2: The Middle Schools
More students taking action for community excellence.
Phases 1 through 3 are COlIlIleted with middle schools then Phase 5:
Phase 5: Primary and middle schools take community action with parents.
Stage 3: The High Schools
Controlling graffiti and vandalism, planting the seeds for community excellence.
Phases 1 through 3 era COlIlIleted with high schools then Phase 6:
Phase 6: All schools and families: community stewardship/spirit.
Stage 4: Media Recognition
Using the media for student recognition and acknowledgment, promoting excellence.
Phase 7: Cooperative competition for excellence: primary/middlelhlgh sChools.
Stage 5: Community Excellence
Eliminating graffiti and vandalism, bringing community excellence into reality.
Phase 8: Challenge 2000'" - 2000 simultaneous community betterment projects.
Stage 6: Boosting Economic Productivity
Creating employment: Graduating high school seniors establish small businesses.
/~ -37
California Cleanup Games'"
Bringing In Erl of Community Excellence Into Relllty'"
Strategic Overview - Detail
( !!!Ie 1: Primary Schools: the foundation
PNvWltrlg ~lIItI. VWldalllm 1Ild~.
~ "1Mrnwcfk ~'lar El..AIo..ce: GIaeII, ClbjIcII\IN, hpIcIIoI. AcNI..,lI/'&, SIlI-e..m. TWnwork,I...odIlIh1p.
fncoIngemInl. AocxllIt8bIly. FocuI. Al8crIIy. ~ ...."'y. TeclriIQua
_ _' Aetkln ........, 1 2 a 4 I ....llchaOl, Home. CorrmInIly. Nelghboltlood
. "-" Pl1IClIce UlIbo TeealI ..........
6IH Levels
$chaol 1
I
&u.. laYels
School 2
Home 2
Community 2
&u.. Levels
School 3
Hom. 3
Commll1l1y 4
NIlIijIOAlaod 2
6IH. laYels
School 4
Hom. 4
Community 4
~2
(
phase 1;
Lttm teem preel
J:'h_- 2:
Prectice .t ICllooI
Preetice at home
Preetice In comm.
f>>hAl'lA3:
UtlHlt at Ichool
UtlIlt at home
Teaching comm.
Carryover In nghbd
PhasA 4:
T.achlng In eehool
Teaching par.nll
Teaching In comm.
CarIyovtr In nghbd
A Fun, 'Paradlgm:;Nft In Excellence.'
The lOO1i Cleanup 8em. . EIctIltnlltamlng Taem. . Study 1Icl'..lqua . Aalambly with raIt modell.
Cleanll...., .....worte and ucoDtIlCt Inlol1lall1td . fun . SlUdtntJ .ntar pact lor campualmpeccalllllty.
Elctllent Lttmlng Teamalltgln creating ecadtmle _1t1lCt IJId Impeccably CItan echooI..
QualIfying for 'Community SpIrIt Games" (CSG) maInlaIna 8XCeUIlIlC8.
Unannounced CempullmptClifllllty IftIIIIClIGnt create cIaIIlJId camput cUII_.
21 Day Journey In EIctIItIlCt tItablll/ltltNmwork. cItanI_1JId ecadtmlc txctIl.1ICt at hom..
e fun '_"_ __ _Ie -'ltnct; 4 fun aupport_....... cItanIlntII.
CSG '1: Student community action for excellence and pIIInt participation.
TM
School apIr11la11 . .artous prtmary echooI. CCIO\IIflIlYely compelt In a community lOO1i Cleanup Gem. .
StudtntJ teach pnntJ, during CSG at a parte or Iltac:h, _ding community _....ntalll.."dlhlp.
P...nll uparltnco a Plradlam ShIll In Ercelltnca whIIt at1lmpting III "'" IChooI win a trip to a theme parte.
An unuplalnalllt carryooar from the game: lludtnll pnctico ktapl"ll III nelghborhoad ettan.
CSG' 2: ExpnIIng parent ~1patIon and community action.
Studtnll teach ._11 how to upand partnlJ' ... 01 the pnc_: lumwork, aIacrI1y, _Ienco.
P...nll practice tNmwortc with their chlclr.... Mort pennll al CSG '2.
Studtnll leach reapect for property and community cltanHn.... Mort parenll /Din PTAI Study 8em..
Tho .ubtequent...... 01 CSG.I_ participation untH moat parenll.nd IImlly atltnd.
!!!'pe 2: The Middle Schools
Middle and prinary 1Chool8: men atudWlla taking ac1Ion far community exceIlWlce.
htl8Il"Teamwork Practlcel'lar ExctIIlIC8. PhuM 1 thrcugh3 .........ltdwlth _1ChocIt thon Ptwe 5:
phase 5: CSG .3: Primary and mlcldle schools take Camtnll"llty stewardship with parents
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Stage 3: The HIGh Schools
ControUlng grallltlll\d vandalism, plantrlg the seeds far community exceUence.
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PhaM 11ft.dJ;........ .
A. PIayt!lj the lClO'Ko Clen.Ip Game : 1) gIrta \/I. boys 2)The fuleal elMs lIClIl to allwne perk.
B. "'-'latlan or ~ - SW1lwk: TNG): FUIa1g a U\n: a mIuIcn fer e rww III'leI.iDI.
Students cteIm lheIr pIooe d I" _ UIn: Schoola ll8corne a alppOIl alNClIn fer 1..".. .... ...1Il, III .. _M.....
C. 21 Del' Journey In ExctIIlIC8 aeIllng the folrda1Icn fer 11lII1llgiI1ll0U' noIghbcltlooda Into UltlIeIIC8.
D. ExceI8nt ~ T....1aIm Idvtnled lW1'1WOlk aIdIa. PhuM 1 lIwough 3 .. CClItllI8Ied In hi!;> achooIa, thon Phue 6:
LAVAIA
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Home
Commll1lty
""""lIioltlDod
ff\ase 6:
Teaching In eehool
Teachl"ll par.nt.
Teaching comm.
Preeticlng In nghbd
CSG '4: AU schools IWId flmllies: community stewardshiplsplrit.
The 100 .. CoIItQt Savlnga _t Prorno_lIamwortc lor ecadtmlc txctIItnca and atltndance.
Tho Impeccallla Pltntt proj.ct": S_nlllnYltlng _ to holp create an Impaccabty c1Qn world.
Stage 4: Media RecoGnition
Utilizing the madla far 8ludn racognlllon ..d aclcnowladgament, recognizing excellWlce.
Levels phSlll'le 7: CooperatIve-compelltlon for exceUence: primlry/mlcldlelhlgh schools.
4 Teaching In echooI UIted In media: "Top .-..ment 01 txctIItnca. In ectdtmlCl, at1lndanct. cteanI_ (cIaII & campus).
4 Teaching pnnll Paranll_.tudtnlllll ba III 'Top AchIeVng': llam, cIaII, grade _. eehool, dlltrlcl. county.
4 Teachlng comm. Medla.....ncea 'open' Community SpIrIt Sam. ,upand' eddillcnal community paI1IcIpatlon.
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Home
Commll1lty
Staqe 5: Community Excellence
EUmlnatrlg grallltl and vandalllm. In Oranga County: 400.000 8ludenta- bringing community excellWlce Into _Illy.
Levels f>>hSlll'll! 8: Challenge 2000 - 2000 sinullaneouS community betterment projects.
5 Relnvenll"lllchool Tttnagen loam IJId utillz. project managemenllJld ",omotlonal tldIl. with their project.
5 Reinventing lemlly Famlllll participating In community uctll.1ICt CIUItI Pendlgm SlIm In community --..
4 Teaching comm. .CItaneat Community' will _ ba 1.1ad In contlnul"ll Medl. Recognition SectIon. All nllwlted to participate.
4 Teaching nghbd SlUdtnll organize .AdopI.y....NeIgIlborhood. T..... (combined prtmary I mlcldlt I hlgtllChool"sm.).
Sang m.mbtn InYtltd by patillo _me llama malclng . dllltr..... In the community.
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Phase 1
Primary Schools: the foundation
A P8nd1gm Shift In Excellence'"
creeteathe foundation for campua and COIIVI'UnIty cINnIr-,
provides support Ilructlnll for IIC8demIc ucellence and cINnI~,
".".,... gratlltl, vancIIIn8lll and gang particIpation.
The RAu": Excellent I.e8mIng Tean generate ......eam.1OCiaI connecllon. recognition, and belonging.
Students UH ExceDent Teamwork to Ieam efectively.
Students help each other achieve 8ClIdemic exceUence.
Students establish a schooI-wide pact for campus and community cleanlirt8SS.
Students enjoyebly keep their desks, C'--", and campua eIeen.
Student. gain an .~. d their communiIy, demor...oding l1IlIp8c.1and
care for COIIVI'UnIy propeI1y.
Graffiti & gangs are replaced with COIIVI'UnIly cIeanI~ & Excellent Leeming Teams.
Program: The ParadIgm Shift In Excellence'" Program oonaist. d..... components:
1. The 100% Cleanup Game'"
2. Excellent Learning Tean
3. The All School Assembly
4. The All Staff In-SerVice Session
5. Support structures which meintain and accelerate exceDence In ~emIcs,
attendance. class, campus, and community cleanliness.
Component
Summary: The 100% Claanup Game"':
In Phs.. 1, students 1 st.eth grade, play an ouldoor game.
The 100% Cleanup Game'" Is a game which raises the environmental conscience d our youth, uIlirnstely
eliminating graffiti, vandalism and the defacing d ow community. Studenls, in a fun. experiential_y, learn
excaUence, teamwork and rasponsilIIily. Unique teamwork skills. estabUsh a foundation for academic and
community excellence.
Excellent Learning T......:
Students begin participating In specially designed eight perIOIl leaming tean. Students IUpport each
other. to achieve exceDence, esteem and belonging. They ~Ish thie by using fun practices learned
in the game. Six unique aupporlllructures maintain excellence in attendence and academic.. Four
unique support structures maintain cal!1)us and community cleanl"lnsSl.
The All School Assembly:
The assembly reviews and deepens atudenl underslanding of the teamwork skills experienced during the
100% Cleanup Game"'. In a videotape,...utlon and unique inleraction,atudenls ara able to under-
Iland COI!1)Iex conceptIlUCfl.. Taamwork, Cooperativ~1on. AIacrily, and Accountability.
By increasing their underllanding d thele oore concepls, caned "teamwork practices". atudents are able
to observe, evaluate and modify their teams' behavior ~Iizing thele practiceI. An environment is estab-
Ished. whereby teacherl and Iludents can limply point oul to a team any practice that may be missing;
thus rapidly accelerating the achievement d academic excellence.
Momentum for community cleanlr- exponentially increases when the atudent. enjoyebly establish a
school-wide pact for campus and community cleanl"lneal. Students are aaked if they _ntto COf'I1HIle in
the propoeed Community Spirit Games'" (winning achooIs go to theme park, IUCh .. DIsneyland). They
eagerly accept. Their fll'lt chaUengels that their IChooI mull filllt p8IS unannounced campua inlIpeclions.
Eagar to make the campus Impeccable, the Asumbly ends with a 15 minute 100% CampUl Sweep",
where children encourage each other to "Don't atep over the trashr Students engage in The 21 Day
Journey In Excallence", where parent. are amazed to ... excenence and c1eanline81 powerfully
emerge at their home.
With a peer-generated environment leading to community cleanliness, rejaclion and elimination d graffiti,
and With students excitedly entering Phaee 2, a foundation Is buill where they can ask high school stu-
dents to help them stop graffiti, and tClgether build an exceUent community.
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Phase 1
The Paradigm Shift in Excellence'"
Program
(primary schools)
It. _-rMChIng pIOgI'8Il'I which produce. . pendgm &hit In _ r ".nce. helping to NpIace grafIlli and vandaIiIm. Iller and
gangs with productive teamwork, cademlc uceUence. rlIIPlICl for property. COI'IlI'IIIriy anc:Ienviror.mental ruponIibility.
Project
Summary:
1. 100% Cleanup Game'"
Results: StuderU ~ keep their desks. e1rfT.... and campus in1lec~..My dun.
StuderU gain .n 'ownership' 01 their cornmunIly. dernor.lbodlng respect
and care for cornrnunIty poperty.
G....11hItI to .wIronrnerUI and CCII'IIIlIJIIIy cIeanIneIa.
Four Program DIreclorI. generating an envilOM'lllnl 01 uceIIent temnwork, delllClllllrate how to play the
100% Cleanup G.me.... From this unique form of participation. atuclent. enjoyably experlence.nd
Intern.lize pr.ctlce. for 'excellence,' 'teamwork' .nd 'community environment.1 responaibility'.
Exceptional resuIlI 0CllU'.
Teamwork PIKtIc..:GoaIl. ~. Inspection. Achievement. SeIf.Esteam. Teamwork.
AccountablIIIy, LeadershIp. Encou18gement. FocuI. AIIIcrIty. 1",* ~.b11I1y. Tecllilique.
Phenomena: Students enjoyably Internalize
1) an attttucIe that cleanUneaa Is fun
2) . dean for c.... and CIImpua cleanllneaa
3) . rapac:t for property
") . ..n.. of envlronmentall'HpOnalbnlty
IS) ....... of community atewanllhlp
Detail:
Conduct.d cl... by c..... atudenla play the "100% Cleanup Game- which is competitive. cooperative .nd funl
For further Infonnation, contact:
Warren Kirsch, Executive Director
California Cleanup Games'"
AI children look at lheir achievement, . sanaa due ".nce II experienced. Pride and aaIf-elleern .re present. Many
sludants say they won't Iller .galn. EfIoIlI to resume the program Indoors are aomelimea delayed because many mull
be asked to slop cleaning the ca~UlI While the 100% Cleanup Game'" lalla approximately 30 minutes, the Impect
tends to be pennanenl.
The prog18m immediately resumes in .n indoor environment using . mocIIrNld version 01 the game:
The Impeccable Clas&roorn Game.... This wUllul approximately 30 minutes, with the ciaaIroom aession ending with for-
mation 01 the "Excenenl Learning T..ma,".nd initiating their"21 Day Journey In excenence.....
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2. Excellent Learning Teams
Results:
Excellent Lurnlng Teams generate ..If-esteem, social connection, recognition, and belonging.
Students use Excellent Tumwork to Ieam eIIectively andlUOCflsfully.
Students help 8IICh other 8Chieve 8ClIdemic excellence.
Students become 8CCOllrllabIe for ach oCher's IUCC8SS.
Project
Summary:
Students, fully "lize the '88mWOl'k prec.tloes."
Have _ell student echieve 100% on FII18I Weekly Test.
Tumwork Pr8ctIc..: From '100% C1unup G8me-: GoeIs, a,jectives,lnspectlon, Achievement,
Self-Esteem, T_mwork, Accountability, ~, Encouragement, Focus,
Alacrity, 1"1>8CC8b1Iity, Technique.
From 'The Study GIlmee' by Lessonware: Attendance, Participation, Good
Notes, Active Reeding, Memory S1dUs, Prepar8tIon, AppIic8tlon.
Support Structlns: 1) P8rac1igm Shift in ExCllenceN Posters
2) 3 tests: Practice Test, The 100% Test, The Weekly FinlII Test
3) The Study GIlmee (fwl, fest, effective IkiIIs in how to Jeem )
4) 5 minutelmpec~."'e CIessIOom GIlmeN
5) Ext,lenl Luming Team Time GerMs"
8) 21 Day Journey in Excellence" (expends prec.tloes into home)
7) Conmunity Splril Geme" (expmlds communiIy cleanliness)
8) College Savings Acoount (molivetes 100% team ettenclencelacademics)
9) The Impecceble Plenel Project"
10) Media Recognition: students challenged to IlChieve excenence
Phue 3
P'-8
Phue 8
Phue 7
Goal:
Details:
The DesIgn: During the AD SteIIIn-SeIVice SISIIon, dective team builcllng technology Is Introduced for estabiishlng
clalls. into four, 8-pe18Oll t88mB. Teechers use these guidelines to bin the nucIeue of teems. T_ms will be
built around this nucleus 8Ild will be the teems playing the 100% CleIlnup Qllme", Durlng the 100% Cleanup
Game", t88mB are obseIvecl8lld "'--llssed. Any team modIflC8tiona are mede during setup of the ImpeocebIe
Clessroom Qllme", Similar essessment is mede during the IrnpecM.... Classroom Game", T_ms are fll18lized.
Students therulter are placed in Excellent Lumlng T_ma producing the necessary personality types to
mexirnlza e1fectivell888 for Excellent T_mwork.
Setting Excellent Lumlng Tums and Maintenance Structures In motion:
The objective is to have the students begin taking amaH steps In prec.ticing Excellent T_mwork, Cleanlill888, and
doing things 100% completely. Six structurae eupport this objective,
Setting In Motion: The Excellent LearnIng Team QllmeN: praclicing excellent teamwork.
0uIc0rne: We can aD echieve 100% I we work together and apply what _leamed!
Support structures actIveteclln PhaIe 1: (es noted above)
1. Program Poatara: a) T88mWOl'k PractIoes b) The ExceIIenl Leaming Team Game Pleyers
2. The three tests: The Practice Test, The 100% Test, The Weakly Final Teat.
Tearns, thet work togel~ 8IICh other between tests, echieve 100% by the Weekly FII18I Test.
3. The Study Game": Video and wor'o'Ibooka offer dective, fun Ieaming techniques on how to study.
4. The 5 minute Impeccable Cla..~m Qllme",
5. Excellent Lumlng Tum 11me GIlmes-,
8. The 21 Day Journey In Excellence- challenge: The fll8t "5 minute challenge" (homework assignment)
is 1ssuecI, students utilize the teamwork prec.tic88 at home that night.
For 21 days, students practice Teamwork, Excellence and Reaponsbility with their family. For some
students, keeping bedrooms claan and orderly without being tolcl to do so Is an unbelievable accomplish-
ment. Perents win acknow'.edge the benefits realized by their children and appreciate the Program.
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3. All School Assembly
Reaults:
Students _lnspInMI by IOIe models to use practices for Excellent Teamwork.
Students estIIbIIsh a achooI-wid. pact for campus cleanliness.
A peer-genereted envlror-.ment that rejec:ts grafIlti, vandalism and Iiller.
Project Summary: A) Role Modell
B) Teamwork Practices: VideotIIpe and Inleraction
C) Awards Pnlunlatione
D) SchooI-wIde Pact for campus cleanliness
E) CorrmunIly SpIrit Games" (l8lIing ~ Phase 2+)
F) 100% Ca~ Sweep"
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Details:
A. Role MocIeI.: The Paradigm ShIl in Excelence" Program uaea not just one, W Four Project Leaders. Most ere
national athlellc chaqlIonll and ...,. .. IOIe modell for the children. Upon being introduced at the -nmly.
they provide a short performance cI their akiIIa.
John Denton - a Nationel FigunI Skating ChaqIIon featunMlln the highly acclaimed movie "The Cutting Edge,"
will demonoIbode his amazing aldllI on roller blades.
John Pope - National Skateboerd Cl\an'P>n -wIII1l1MI1IIriz. atudenta with his akalebo8rd .Idlls.
Because the.e are Important .kllI. for many children, the chIldrens' relationship to the Impeccably Clean
Inspection Team" II enhancecI. WhHe exemplifying excelsnce In their field these role modell, during the pr0-
gram, also demonstrate, their peraonal COIMlilmenl to academic excellence and an irnpeoaIbly clean world.
They point oulthal an exceRent communily is a reIIeclion cI an lIllC8Ilenlteem and an exceDent achooI. The role
models motivate studenta to accepI the challenge cI UIIng The 21 Day Journey In Excellence" to create excel-
lence at home.
B. Teamwork Practlcea Review - VIdeo Tape and Intaractlon:
The assembly reviews and enhances student understanding cI the teamwork practices experienced during the
100% Cleen~ Game". Through a videotlIpe prasentation and unique interaction, students enjoyebly understand
complex concepts such .. Teamwork, CooperatIve-Competition, AIecrlly, Accounlabilily and morel During the
video each practice is examined.
Students enjoy watching the '1st Place class' on video. As they watch the II teem, they _, hear and understand
how others euccessfully ~mented the teamwork practices. Viewing the 'IaIl place team', it becomes cleer
when practices _ 'm/ssIng', During the ..-embly students ara asked to 'point out what's missing.'
By increasing their understanding cI these pnICIIcee, students, In class, ara able to reccgnlze 'what is missing' in
Excellent Lesming Teams. For quick ralerence, the 'eamwcrl< practices' _ isted In Ierge letters on a Paradigm
Shill in Excellence" Poster,
The result: An environment is craated, whera both teachers and students can point oul to a team what practice
may be missing; then re-l4Dize that practice, theraby accelerating the achievement cI academic excellence,
C A_rei. P...aantatIon: The 1st piece class is given an award.
D. A School wide Pact - creating a aynergiatlc environment for Cleanllnna:
Momentum for cornmunily c1eanl__ exponentially Incraases when the students enjoyably esl8blish e school-
wide pact for campus cIeanIinMs.
E. Another Potential R_arel - VIsit to a theme park, such .. Dlsnayland:
Students _ asked If they _Ill to COfI1)8le in the propceecI "ComrnunIly SpI" Gernes": whera the winning
school goes to . theme park. Eagerly, they accept the challenge. They understand that to qualify, their school
must pass unannounced campu.ln8pec:tions.
F. The Campus SWHp:
To gat the school quaDfied, they can start now. At this point the Principal, aMOunceS the 15 minute '100%
Campus Sweep",' blows a whistle, and students 1ust do ill' Students leeve the assembly, yelling, "Don't step
over the trash, pick it ~r
The ....ult: A peer-generated environment causing campus and community cleanlinees, rajecting and eliminating
graffiti, and excitedly entering Phase 2: The Community SpIrit GaIMS" QuaJjfications. A foundation Is now buill
for Phase 3, which will increase parental involvement and community cIeenIineas. By Phase 6, these students will
ask the high school students, also engaged in a paradigm shift in excellence, to help them stop graffiti and
together buDd an excellent community.
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4. All Staff In-Service
From the All Staff In-Service session to Implementation of the actual program...
~Ifomla Cleanup Games" does It alii
We start with the All Staff In-Service session. ThIs covers:
How the Project Team will set up:
. A new environment and structure for excellence
. Excellent Leamlng Teams
. Spontaneous campus cleanliness
· Academic, environmental and community Support Structures.
How the teachers can more easily:
. Maintain excellence with a1mple questions
· Manage Excellent Leamlng Teams
. Increase academic achievement
. Boost atJendance
. Boost retum of parent questionnaires
. Prevent graffiti and gangs
. Boost self-esteem and classroom cleanliness In 5 minutes
· Boost completion of homework assignments
. Expand excellence Into all areas of the students lives
. Have students support teammates to achieve 100% on tests
We explain how The Project Team Implements the program:
. We start In the classroom, demonstrate and manage the 'game' (outdoors. then Indoors);
. We set up and activate Excellent Leamlng Teams, then challenge the teams to a 5 minute
"homework assignment;"
. We finish with the All School Assembly. initiating Phase 2 with the 100% Campus Sweep".
We create a new environment and structure for excellence, then make It easy for you to take
over and build from there!
WHAT ARE THE SCHOOL'S RESPONSIBILITIES?
. Attend the All Staff In-Service session.
. Each teacher will prepare a list of students. based on simple specific requisites.
. Have Fun watching the environment and structure unfold.
. Bring the students to the All-School Assembly
AND THE PRINCIPAL...? At the Assembly, the principal tells the students to go out and make the
campus "Impeccably Clean" In 15 minutes. then blow the starting whistle!
The students will know exactly what to do... arm 1m [[I
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WHII MDRE &. ,,\,,,,llU'\ 11-,
ARCHITECTS
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IYNN M. FRmllCHI.F.A1A
"fi\JIOR rRU!HT M.LHIHlT
A~\OLIAn
TABLE OF CONTENTS
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\VH ITMORE & ASSUCl i\lFS
ARCH [TECTS
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TABLE OF CONTENTS
SECTION 1 - INTRODUCTORY LETTER
SECTION 2 - GENERAL QUALIFICATIONS
A Firm Profile: Whitmore & Associates . Architects
Lynn Froeschle, AlA, Architects
B. Professional Resumes
C. Firm References
SECTION 3 - CONSULTANT QUALIFICATIONS
A Firm Profile: Urban Ore
B. Professional Resumes
C. Project List
SECTION 4 - APPROACH TO THE PROJECT
A Project Goals
B. Concept Drawing
C. Concept Rendering
D. Letter to City of Chula Vista
E. Letter to Brown, Vence and Associates
SECTION 5 - SUPPLEMENTAL INFORMATION
A "Chula Vista Has An Environmental Vision"
The San Diego Union Tribune - May 13, 1993
B. "Community Resource Recovery Parks" by Lynn Froeschle, AlA
To be published in the International Call for Sustainable Strategies
by American Institute of Architects
C. "Reuse, Recycling, Refuse and the Local Economy: A Case Study of the
Berkeley Serial MRF"
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WHITMURE & ASSUCIATES
ARCHITECTS
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16 May 1994
City of Chula Vista
Mayor Tim Nader and City Council Members
City Manager's Office
276 Fourth Avenue
Chula Vista, CA 91910
Re: Request for Proposals (RFP) for Solid Waste Services, City of Chula Vista
Information Package Re: Community Resource Recovery Park Prototype
Dear Mayor Nader, Council Members, and City Manager:
It is our pleasure to provide the City of Chula Vista with information that expands
upon the concept of a transfer facility. Based on last weeks council meeting, it is our
understanding that the City of Chula Vista is considering all possible options
regarding the issue of solid waste disposal and related alternatives. It is also our
understanding that the City is interested in exploring the possibility of incorporating
a Serial MRF with the requested Transfer Station. In light of the imminent landfill
crisis, we are pleased to see that the City of Chula Vista is exploring a long term
solution to the problem of landfills filling to capacity along with responding to the
recycling requirements of California Law AB939.
Upon review of the initial Purpose and Intent of the Solid Waste RFP, it appears that
the City of Chula Vista has two goals. The first goal is to consider alternative landfill
disposal sites along with a solid waste transfer station as a short term response to
significant changes with the San Diego County solid waste management system. The
second goal is to respond to California's Integrated Waste Management Act (AB939)
which mandates that all cities and counties implement plans to reduce their solid
waste through reuse and recycling by 25% in 1995 and by 50% in the year 2000.
Presently, the solid waste Transfer Station option does not address the AB939
recycling requirements. However, the incorporation of a Serial Materials Recovery
Facility would meet the requirements set forth in the Integrated Waste Management
Act. The planning and design of a facility that recovers recyclable and reusable
materials along with the transfer of any remaining solid waste would respond to both
goals of the RFP. In other words, the design of a MRF that also acts as a Transfer
Station for both recyclables and solid waste would respond to the stated purpose and
intent of the RFP and meet the requirements of AB939.
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WIIITMORI & ASSOCIATES
ARCH lTECTS
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City of Chula Vista
Mayor Tim Nader and City Council Members
Re: Request for Proposals (RFP) for Solid Waste Services, City of Chula Vista &
Information Package Re: Community Resource Recovery Park Prototype
17 May 1994
Page 2
A Community Resource Recovery Park as depicted in this information package
functions as both a Serial Materials Recovery Facility and a Transfer Station for
recyclables, reuse items, and refuse (solid waste). This concept was proposed by
Lynn Froeschle, AlA, Architect, in her response to the International Call for
Sustainable Strategies and will be published by the National American Institute of
Architects later this year. (Refer to attached paper.) In addition, we have provided
a case study of the Berkeley Serial MRF courtesy of Urban Ore. (Refer to attached
paper.)
One important concept behind the creation of a Community Resource Recovery
Park, is to realize that solid waste is a resource rather than trash. Trash can be
converted into resources through reuse, recycling, and composting thus preserving the
environment and creating new products in the process along with meeting the
requirements set forth by AB939. A Community Resource Recovery Park can help
to educate the public and business to think of the trash they produce as resources so
we can move from a "throwaway" society to a sustainable society.
In addition, this approach will foster existing and new businesses in Chula Vista,
create jobs, and cycle revenues from reclaimed goods and materials back into the
local economy as outlined in the Chula Vista Environmental Vision. (Refer to
attached article.) In the process, it will lessen the City's longterm disposal costs and
liabilities by providing a way to steadily reduce the drain of funds going into long-
distance transport and out-of-state tipping fees. At the same time, the plan allows
for development of a transfer facility, while retaining flexibility to adapt the waste
management system to changing financial, legislative, and resource recovery
conditions.
Since each project is unique, Whitmore & Associates, Architects assembles a team
of consultants which is ideally suited to the individual project. For a Community
Resource Recovery Park, we would like to retain Urban Ore as our resource recovery
consultant and respond to recommendations from INDWELLER, a non-profit local
association of resource recovery businesses. Please refer to the attached firm profiles
and resumes for more information.
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WHITMORE & AS\(1CIATFS
ARCH ITECTS
.
City of Chula Vista
Mayor Tim Nader and City Council Members
Re: Request for Proposals (RFP) for Solid Waste Services, City of Chula Vista &
Information Package Re: Community Resource Recovery Park Prototype
17 May 1994
Page 3
Ms. Froeschle has recently returned to Whitmore & Associates . Architects as an
Associate and Senior Project Architect. She has over three years of experience with
the firm. Whitmore & Associates . Architects looks forward to the possibility of
providing the City of Chula Vista with quality architectural services and a successful
materials recovery project. Please do not hesitate to call should you have any
questions or comments.
Sincerely,
Whitmore & Associates . Architects
~~
Lynn Froeschle, AlA
Senior Project Architect
Associate
CA #C019016
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WHITIvIORF & ASSOCIATES
ARCHITECTS
.
FIRM PROFILE
Whitmore & Associates. Architects was established in May, 1984, as a full service
architectural firm. Since its inception, the firm has provided a combination of
traditional services and building analysis. The firm has provided architectural services
for a broad range of private, corporate, institutional and governmental clientele.
Projects have ranged from remodel and renovation work for the City of San Diego
to comprehensive architectural services for the Evangelical Free Church of Chula
Vista and Grossmont-Cuyamaca Community College District.
Our goal is "excellence in service." To meet this goal, we continually endeavor to
provide architectural services based on quality, integrity, and creativity. These
objectives produce facilities that respond to the client's functional, aesthetic, and
budgetary needs, performed in a timely manner.
Our practice combines traditional architectural services with building analysis
services. Whitmore & Associates has provided architectural services such as master
planning, design, construction documentation and construction administration for a
variety of building types. Building analysis services have included such work as
forensic investigations and reports, testing and inspection services, and expert
testimony.
Our design experience includes new facilities for institutional, religious, commercial,
and residential projects, as well as significant reconstruction projects.
The extensive knowledge and experience we have in field investigations, reports, and
repair documents for building failures enables greater quality control in all phases of
new project development. Our expertise in construction defect analysis has earned
our firm a well-respected position among professional advisors.
Consultants
Since each project is unique, Whitmore & Associates . Architects assembles a team
of consultants which is ideally suited to each individual project. Having used this
approach to consultant selection, we have developed working relationships with many
of Southern California's finest professionals. We will retain a team of consultants
whose combined work exemplifies the quality of service, design, analysis and
management excellence that each project requires and that Whitmore & Associates
. Architects has consistently provided.
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WHITMORE & ASSOCIATES
ARCHITECTS
.
FIRM PROFILE (Continued)
Lynn Froeschle, AlA, Associate and Senior Project Architect, is experienced in
environmental architecture by providing sustainable solutions to ecological design
problems. She specializes in providing environmentally sensitive designs and
solutions for ecologically concerned clients in response to today's complex
environmental and architectural issues. She has recently returned as an Associate to
Whitmore & Associates . Architects and has over three years prior experience with
the firm.
Ms. Froeschle is a licensed architect in the states of California and North Dakota
with over 11 years of architectural experience in all phases of the architectural
process including the preparation of the master plan and conceptual design drawings
for the proposed INDWELLER Resource Recovery Park. Drawings of this project
along with a paper regarding the problem of waste and the solution of recycling
authored by Lynn Froeschle will be published by AlA in response to an International
Call for Sustainable Strategies from the National American Institute of Architects.
As a project architect, Ms. Froeschle has gained extensive experience in the
supervision and direction of the project team on numerous projects as well as the
inspection and analysis of existing buildings. Lynn Froeschle is experienced in all
aspects of the design and construction process. Her architectural experience includes
the planning, design, preparation of construction drawings, and construction
observation of new projects along with the analysis of existing buildings. She also has
had actual "in-the-field" construction experience. This experience is further defined
on her enclosed resume.
Lynn Froeschle holds a Bachelor of Architecture and a Bachelor of Science in
Architectural Studies with a concentration in environmental architecture focusing on
solar studies, energy efficient design and sustainable solutions. As a student, she won
a National Design Competition which emphasized environmentally sensitive
architecture and energy efficient design.
Lynn Froeschle, AlA, Architects is dedicated to providing quality architectural
services along with excellence in design that is responsive to the needs of the client
as well as the environmental conditions of the site. Environmental architectural
solutions often save the client money through energy saving and other conservation
features proving that being ecological also is economical. Through environmentally
sensitive design and ecologically responsible construction, a successful project can be
achieved that also leads to a sustainable future.
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WH ITMORE & ASSOCIATES
ARCHITECTS
.
Douglas A. Whitmore, AlA
President and Principal Architect
WHITMORE & ASSOCIATES' ARCHITECTS
Education:
Bachelor of Science in Architecture, 1977
California Polytechnic State University
San Luis Obispo, California
Rel:istration: Licensed Architect, California, C014127
Resnonsibilities and Bio2raphy:
Douglas Whitmore, long standing resident of Chula Vista, acts as
Principal-in-Charge of all the Firm's projects. As such, he is
responsible for understanding the client's project requirements and for
giving leadership and direction to the project. He works closely with
the Associate and Project Architect throughout the duration of the
project to ensure the client's needs are met.
Mr. Whitmore provides expert testimony for many of the Firm's
investigative projects. He has served as a designated expert for both
plaintiffs and defendants for a variety of building types. Throughout
Mr. Whitmore's 17 years of professional experience he has been
responsible for the project design of financial institutions, schools,
office buildings, church facilities, multi-family housing projects and
arge scale custom residences.
Renresentative Reconstruction Proiects:
East County Performing Arts Center
Roofing & Waterproofing Analysis
El Cajon, California ($450K)
Park View Condominiums
Roofing, Waterproofing & Misc. Analysis
San Diego, California ($750K)
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WH ITMlJRE "ASSOCIATES
ARCHITECTS
.
Douglas A. Whitmore, AlA
Page 2
College Park Condominiums
Drainage, Paving and Plumbing Repairs
San Diego, California ($400K)
Regency Villas Recreation Center
Remodel and additional to recreational clubhouse
San Diego, California ($350K)
Renresentative Architectural Proiects:
Evangelical Free Church of Chula Vista
Education and Administrative Facility
Chula Vista, California ($570K)
Romoland Elementary School
Three Classroom Buildings
Romoland, California ($1.5M)
North Broadway School*
American Association of School Administrators Recognition
Escondido, California ($3.2M)
.Individual Experience as Designer for Ruhnau-Evans-Ruhnau-Associates
Previous Work Exnerience:
Salerno/Livingston & Partners
San Diego, California
Project Architect
1981-1984
Ruhnau-Evans-Ruhnau-Associates
Carlsbad, California
Project Designer
1979-1981
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WHITMORE & AS\UCIATE,
ARCHITECTS
.
Douglas A. Whitmore, AlA
Page 3
Skidmore Owings & Merrill
Portland, Oregon
Designer jDraftsman
ProCessional Memberships:
American Institute of Architects (AlA)
Construction Specifications Institute (CSI)
International Conference of Building Officials (ICBO)
Professional Liability Committee
AlA California Council
Construction Management Task Force
AlA California Council
d-j.3
1977-1979
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WHITMlJRl" A.\.\llClATES
ARCH ITECTS
.
Lynn Froeschle, AlA
Senior Project Architect, Associate
WHITMORE & ASSOCIATES' ARCHITECTS
Education: Bachelor of Architecture, 1983, cum laude
Bachelor of Science in Architectural Studies, 1982, (Focus on
environmentally conscious design and sustainable architecture including
energy-efficient buildings and solar architecture)
North Dakota State University, Fargo, North Dakota
Environmental Continuin~ Education:
AlA Designing Healthy Buildings: Indoor Air Quality, 1992
Eco-Expo: The Green Business Conference and Trade Show, 1993
AlA Building Connections: Healthy Buildings & Materials, 1993
Re~istration: Licensed Architect, California, C019016
Licensed Architect, North Dakota, 984
National Council of Architectural Registration Board 40021
ResDonsibilities and Bio~raDhy:
Ms. Froeschle will review materials and methods to assure a design
that will help enhance indoor air quality and provide a healthy
building. In recent years, she has renewed her interest in
environmentally conscious design. She has become a leader in
promoting eco-friendly, sustainable architecture and methods to reduce
landfills through reuse and recycling.
ReDresentative Environmental Architectural Proiects:
INDWELLER Resource Recovery Park
Master plan and conceptual design drawings for a 20-acre mixed-use
recycling and materials recovery facility. This environmentally
sensitive project and eco-friendly design reduces landfills by diverting
what could normally be considered trash into the reuse and recycling
buildings where these resources can be reclaimed.
(Individual experience as Lynn Froeschle, AlA, Architect)
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WHITMURl & ASSC\CIATL\
ARCH ITECTS
.
Lynn Froeschle, AlA
Page 2
Previous Work EXDerience:
Lynn Froeschle, AlA, Architects
San Diego, California
Principal Architect
1992-1994
Frank Benito & Associates
San Diego, California
Project Architect
1991
J.R. Bardin Company
San Diego, California
Project Architect
1991
Douglas Whitmore & Associates, Architects
San Diego, California
Project Architect
1988-1991
Donald J. Reeves & Associates
San Diego, California
Job Captain
1986-1987
Merten Associates
San Diego, California
Architecture Intern
1985-1986
Deems, Lewis & Partners
San Diego, California
Architecture Intern
1984-1985
Professional Memberships:
American Institute of Architects (AlA)
Women in Architecture
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WHITMORE" ASSOCIATES
ARCHITECTS
.
Lynn Froeschle, AlA
Page 3
Environmental Or~anization MembershiDs:
AlA Environmental Architecture Special Interest Group, founder and
chairman
Eos Institute for the Study of Sustainable Living
Healthy Materials and Indoor Air Quality Committee
San Diego Environmental Health Coalition
Publications and Awards:
Community Resource Recovery Parks, AlA International Call for
Sustainable Strategies, 1994 (Paper to be published by National AlA)
The Greening of Architecture, Published by Informed Consent: The
Magazine of Health, Prevention and Environmental News, Jan/Feb, 1994
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WHITMORE & A,SOCIATE\
ARCH ITECTS
.
CLIENT REFERENCES FOR ARCHITECTURAL PROJECTS
Mr. Jim Beaubeaux
Business Manager
Lamb's Players Theatre
Project: Lamb's Players Theatre. Coronado
Post Office Box 182229
Coronado, California 92178
(619) 437-6050
Reverend Gary Bowman
Evangelical Free Church of Chula Vista
Project: Evangelical Free Church of Chula Vista
Educational and Administration Facility
795 East J Street
Chula Vista, California 92010
(619) 421-7733
Ms. Barbara Starks, Director of Purchasing
Grossmont-Cuyamaca Community College District
Project: East County Performing Arts Center
Roofing and Waterproofing Repairs
8800 Grossmont College Drive
EI Cajon, California 92020
(619) 465-1700
Mr. Rob Zaino
City of San Diego
Project: Northern Police Station
Property Room Expansion
City of San Diego
(619) 533-3764
Mr. Ralph Armstrong
Engineering and Development Department
City of San Diego
Project: Removal of Architectural Barriers
in Various City of San Diego Buildings
1222 First Avenue, MS 404
San Diego, California 92101-4154
(619) 533-3125
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"
URBAN ORE, INC.
CONSULTING SERVICES
Urban Ore's ,interdisciplinary consulting team brings to each
project a lotlg-standing commitment to managing discards
,
not as waste, but as a supply of refined resources.
Urban Ore Information Services
i333 Sixth Street. Berkei~;y. CA 94710 · Phone: (510) 559-4454 · Fa,x: (510) 528-1540
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URBAN ORE, INC.
REUSE. RECYCLING. RESEARCH. CONSULTING
_. --~. ~.- .-.--
~ R,g,USE EMPORtUM.
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',fE.WER "'fREASURES WOULD BE" ~URNED INTO -rRASH.
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For more than a decade, Urban Ore's employees and customers have been serving as just such a jury. We prevent
reusable goods from being wasted, conserving the materials, energy, and skill emodied in them.
Urban Ore salvages still-useful things discarded onto the City of Berke1ey's transfer station floor. We also buy
some reusable goods for trade credit or cash, and accept others as free drop-offs.
People who dispose of unwanted goods at Urban Ore reduce their dump fees or even earn a few dollars. Those
who buy things find vintage and modem goods at bargain prices.
Very little that Urban Ore accepts goes to landfill.
What others say about us...
.....a precedent-setting recycling operation still
growing vigorously In Berkeley, CaIlfornia."
-J. Baldwin ill 1bc Whole Eanh Ecolog
Best Dropoff, 1990 (award)
- CaIifomia Resource Recowry .......,,;.rinQ
"Urban Ore, Ine., Is one of the most successful reuse
organizations In the U.s."
- Mf1leri4l Raue Facility Daigll ProjeCl,
WbaIcom COUDly, WasbiDSlOn Solid Wure Divilioo.
Prepored by SoUDd Resource MlDa&emcot Omllp. Inc.
Best Salvage Yard, 1990 (award)
- SaIl F1G1Idsco Bay Gruzrdian newspaper
Best second-hand furniture store,
East Bay, 1992 (readers' choice)
- SaIl F1G1IdsctJ Bay Gruvditm newspaper
rec:yc:1edpaper 0'::>
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PURPOSE
We reuse
Urban Ore's primary purpose is to keep reusable
things in circulation and out of the dump. First we
divert goods from landfill by accepting or buying
them before they are dumped. But if still-useful
things are dumped at the City of Berkeley's trans-
fer station, we are licensed by the City to salvage
them from the dumping floor. We sort our incom-
ing goods, price them, display them, and sell them
to customers who repair them or reuse them as-is.
Our kind of reuse facility differs from traditional
salvage and secondhand stores in that it is dedi-
cated not to selling a small, highly salable inven-
tory, but to handling as much volume as possible
in all ranges of quality. Our reuse center is de-
signed not to maximize profits but rather to pre-
vent waste and minimize landfilling.
Reuse conserves more energy and materials than
recycling does because discarded items do not
need to be broken down chemically or mechani-
cally and then reconfigured into new products.
Instead, reuse simply uses a product again in its
original form. Doing so also conserves the skill
and cultural value inherent in an item, thereby
conserving more economic value than recycling
does. For example, a filing cabinet may be worth
one dollar as scrap steel, but one hundred dollars
as a piece of office furniture.
We recycle
When we cannot sell an item for reuse, we try to
scrap it for recycling. We recycle metals, wood,
glass, paper, and ceramics - porcelain, brick. and
concrete.
We spread the word
To encourage more effective recycling elsewhere,
we exchange theoretical and practical information
with other businesses, with governmental agen-
cies, with activist and community groups, and with
individuals trying to change the way their area
handles discards.
Through our Information Services division, we
respond to public inquiries, conduct recycling
research, speak around the country, distribute
publications, and work on a consulting basis.
Urban Ore's consulting services are based on a
belief that discards should be managed as a supply
of refined resources that can contribute to ecologi-
cal sustainability, local economic development.
and overall social value.
ORIGINS
City-sanctioned salvaging in Berkeley goes back
to 1923, when the City opened its municipal fill in
San Francisco Bay and the contracted operators
ran an informal salvage effort. Urban Ore's
founders started salvaging in 1979, when they took
over the contracted operator's small salvage and
sales operation. They incorporated as Urban Ore
in July 1981.
The salvagers pulled reusable items from the
material that small haulers and self-haulers
brought in, then sold these goods right there at the
landfill They did not salvage from the packer
trucks, because the packers' hydraulic systems
crush and mix discards, rendering them unusable.
In 1979 the tipping area was a pit. and any goods
not destroyed on impact had to be hoisted back out
to be recovered. In California's wet winters, the
pit collected water and became a muddy sink.
Later, when the landfill operators filled the pit and
created a flat tipping area, fewer goods were
destroyed, and working conditions improved.
Not everyone goes to a landfill to shop, however,
so Urban Ore opened a dropoff-buyback and sales
center on a commercial street in Berkeley. That
site grew into our Building Materials Exchange
(BMX). Then, when the City of Berkeley closed
its landfill and opened a transfer station in town,
we moved our landfill salvaging and sales area
there. This became our Discard Management
Center.
URBAN ORE, 1Ne.' 9/93' Coaucl: David s..... at (510) 539-4454
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URBAN ORE'S DIVISIONS
GENERAL STORE
At the General Store. a 17.000-square-foot ware-
house. we carry stock that changes quickly but
usually includes furniture, rugs, housewares,
books, tools. bicycle parts. books, art, records,
antiques. jewelry. hardware. kitchen cabinets, and
office equipment such as typewriters, desks,
chairs, and filing cabinets. Manager: David
Seabury. 13~ Sixth Street, Berkeley, CA
94710 (510) 559-4450. Open 8:30-5:00, 7 days
a week.
DISCARD MANAGEMENT CENTER
Conveniently located ahead of but next to the
Berkeley transfer station. the Discard Management
Center is where we receive dropoffs of reusable
goods and scrap metal. and where we recycle
appliances. We do not sell items at the Discard
Management Center. Manager: David Seabury.
1231 Second Street, Berkeley, CA 94710 (510)
559-4451. Open 8:30-4:30, 7 days a week.
INFORMATION SERVICES
Through Information Services, we answer inquir-
ies about Urban Ore. conduct recycling research.
distribute publications, and work on a consulting
basis. Manager: David Stern. 1333 Sixth Street,
Berkeley, CA 94710 (510) 559-4454. Open
8:30-5:00, Monday through Friday.
.
Bun..DING MATERIALS EXCHANGE
At the Building Materials Exchange. a two-acre
outside salvage yard, we trade in vintage and
modern doors, windows. lumber. sinks, tubs.
toilets, bricks. tile. glass. pipe, and hardware.
Manager: Claudio Osomio. 1333 Sixth Street,
Berkeley, CA 94710 (510) 559-4460. Open
8:30-5:00, 7 days a week.
OUTSIDE TRADER
Our Outside Trader offers a convenient pickup
service for people who have certain types of
reusable goods to dispose of but cannot or do not
want to bring them to our sites. The Outside
Trader may pick up a few items to help someone
clear out a storage space. liquidate an estate. or
responsibly dispose of excess building materials
from a construction or remodeling job. Manager:
Rosemary Galiani. 1333 Sixth Street, Berkeley,
CA 94710 (510) 559-4461. Open 8:30-5:00,
Tuesday through Saturday.
CORPORATE STRUCTURE
Urban Ore. Inc.. became a California "S" cotpora-
tion in July 1981. Its Board of Directors:
Daniel Knapp. Ph.D. - President
Michael Casady - Vice President
Mary Lou VanDeventer - Secretary
.
.
"Recycling is aform of disposal. If you 1uul to dispose of your parents' estate, you wouldn't lump it all
together, dig a hole, and bury it. You would parcel it out in an organized way. That's how recycling
disposes afthings."
- Daniel Knapp. co-founder and President of Urban Ore
URBAN ORE, INC.' 9193. eoa-: David s.... at (510) 559-4454
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URBAN ORE TODAY
Today we continue to salvage from Berkeley's
transfer station under City license, as well as to
receive dropoffs next door at our Discard Manage-
ment Center. In October 1991 we moved the
DMC sales area to our new General Store, a large
warehouse next to our Building Materials Ex-
change.
This 2.2-acre combined site is one of the nation's
largest and most diverse reuse centers. Bay Area
residents and businesses can now conveniently
dispose of and purchase reusable household goods,
furniture, office equipment, art, books, music,
collectibles, and building materials in one location.
We also frequently pick up materials from busi-
nesses, homes, and construction sites.
TONNAGES
Most of the material we process is delivered to our
yards by homeowners, businesses, and small
haulers. We do not weigh this material, so an
accurate measure of our tonnage is unavailable.
We do know, however, that we salvage about 325
tons a year from the transfer station, and we pick
up another 300 tons a year on outside jobs. All
together, we estimate that we process about 3,000
tons of material a year.
GROSS SALES
Our most accurate long-term measure of effective-
ness is our gross sales; rising sales suggest that
fewer goods are going to the landfill. Gross sales
have risen steadily since we opened, and in 1992
we sold more than $1,000,000 worth of materials.
SAFETY
People often ask us whether salvaging from a
transfer station is dangerous. Like any business
that moves materials with heavy equipment, it has
hazards. But we have never had a serious accident
in over 12 years of salvaging because we strictly
follow safety principles.
CUSTOMERS
The typical Urban Ore customer...isn't! We see
remodeling contractors, landlords, homeowners,
real estate agents, property managers, building
maintenance people, students, artists, collectors.
discard haulers, teachers, electronic and computer
enthusiasts, home repair people, gardeners, retired
people, inventors, flea market vendors. and people
who resell items in established secondhand and
antique businesses. Some of our customers shop
at Urban Ore almost daily.
EMPLOYEE BENEFITS
Urban Ore employs 20 staff. The company en-
courages high levels of motivation, cooperation,
self-discipline, and good judgment in its employ-
ees by paying them well. In addition to hourly
wages, all employees share equally, according to
hours wolked, in a bonus pool based on tonnage
received and gross sales. All fulltime staff are
eligible for a company-paid health plan for em-
ployees and all family members.
LOCAL ECONONUC BENEFITS
Urban Ore contributes to the local economy by
creating jobs (20 and growing) and collecting sales
taxes for state and local jurisdictions (over $80,000
in 1992). We also pay considerable sums to
people who sell us their goods. In 1992 we paid
out more than $150,000 in cash and trade credit.
Our suppliers and customers are almost all local,
so the vast majority of our economic impact is in
the local community.
Since we do not repair or refinish the materials we
. handle, local craftspeople and tradespeople earn
income from adding value through reconditioning.
We also donate money and goods to local schools,
artists, and community groups.
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URBAN ORE, INC.. M3. Cootact: Dovid s_.. (510) 559-4454
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Daniel Knapp, Ph.D.
Dr. Daniel Knapp has been a college professor, a county official, and a business owner. He
has tauJht courses on leSCItCh methods, has planned JOVCl'ltmcntal procrams, and has
salvaged for a living at a lancltill. He currently owns and opc:r:ateS a profit-makinl business
that specializes in salvaaml and sellina reusable goods.
After graduatini from hiah school in a small town near Portland, Oregon, Daniel Knat'P
moved with his parents to New ManinsviIIc, West VirJinia. He 0pcraEed heavy machinery in
an aluminum plant for a year but then decided to JO back to school He attended the .
University of Oregon, in Eugene, and graduated with honors and as a member of Phi Beta
Kappa in 1962. He earned his Ph.D. in sociology in 1970, and his dissertation was published
as the book Scollling 1M War on povel'tJ (D.c. Heath Company, 1971).
Dr. Knapp tauaht sociology at the UnivetSity of Oregon and at Sangamon State University in
Dlinois. He taught exploratory courses including the sociological aspectS of the Vietnam War
and homesteading, as well as traditional councs such as how to conduct resean:h and analyze
its results. One of his research projects was a composting greenhouse, in which a compost
pile heated the greenhouse and provided airborne nitrogen for the plants.
In search of ways to l1'lInSlate his ideas into practical results, Dr. Knapp left the academic
world and cofounded a county aiency in Lane County, OreJOn, that specialized in
resca.tChina and developing Dew technologies to solve old problems. One of his projccts was
to discover the quantity and resale value of reusable goods at a rural refuse transfer station.
That study and others convinced Dr. Knapp that disposal facility operators across the nation
were missing major opportunities both to prevent waste and to ieneratc incoroe. He left
county government and moved to Berkeley, California. where he worked with a &roUP of
people who had permission to salvage at the locallAfttlfHl. Their lDitial capitalization was a
few thousand dollars and the loan of a pickup track. They sold their wares first on the site of
the landfill, then also opened a sales yard in town.
As expected, the salvage operation made money, and Dr. Knapp took the lead in organizing it
as a conventional business. The group evolved into Urban Ore, Inc., a ptOfit-ma1dna
corporation that now has two locations. For three and a half years, Urban Ore also operated a
rnl1ftlcipal (:ompostina fann for the City of Bcrkcley, but the compost farm had to be (:Ioscd
be<:ausc the site had been previously dedicated to becoming a pm. The City is searching for
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Daniel J( rIA"". Ph.D
2
another location for a compost farm. Meanwhile, Urban Ore salvages reusable goods and
recyclable metals at the City's tranSfer station, and four blocks away it operates a ~acrc
retail sales area. One section, the Building Materials EJr""anac, handles used doors,
windows, sinks, tubs, and so 011. The second section, the General Store, ha"dles a wide ranae .
of other materials from. furniture for homes and otliccs to smaIl applia"~s, books, and even
art. In 1993 the corporation generated a gross income of $1.2 million and continues to grow.
Because he has become convinc:ed that recycling can dispose of nearly everything the
American culnue discatds, Dr. Knapp has been an "tl"m""t opponent of ,arbage incineradOl1.
He and other activists obtained a five-year moratorium on a mass-bum incinerator planned
for Berkeley. In addition, he helped defeat five other garbaae-to-enerJY pIarus in the San
Francisco Bay Area. Because cities arc unable to bulla prba,e incineralDn, and with dppin,
fees rising at 1ocallandfills, recyclin, and reuse businesses in the area have prolife.Akd
As a result of his research and Clttcnsive business and political experience, Dr. Knapp has
been asked to speak to many grout's around the country. He has consulted with or spoken to
the National Association of Counties, the National Science Foundation, the Legal
Environmental Assistance Foundation, the New York Legislative CommissioD on Solid
Waste Manaacmcnt, the Citizens Clcarin&house for Hazardous Waste, the Environmental
Defense Fund, the West VirJinia GOVCl'llor's Conference on Recycling, and the Wharton
School of Business. He has written articles for Rodale Press, the Sierra Club, Friends of the
Earth, RAIN Mapzine, the Insdtute for Local Self-Reliance, Worlc on Waste USA,
BioCyc1c, and MSW Manaaemcnt. CorrentIr he is ~!eling a book for the University of
California Press with his wife, environrrv."tJI. joumaIi~t Mary Lou Van Ocventcr. The title is
To1DJ Recycling: Realistic WayS to Approach 1M Ideal.
Dr. Knapp is President and Oeneral Manager of Urban Ore, Inc. He may be reached at Urban
Ore's adiiiinistrative office, 6082 Ralston Ave., Richmond, CA 94705 (510) 235-0172.
PubllcatfOJ/S (pardal):
"PToc...~, DlscanII Sequenlially: Deve!opln, a
Serial MJU'I," with David Stem lIIId MIly Loll VIII
Deven~, MSW MfWlI_IIl, Mat/Ap 1994, p.42.
"Implememing Reuse at Berkeley BxcbaiJp,"
.BiDCyc16 February 1992, vol. 33 No. 2, p. 58.
"How 10 Desiin TOlal RecyclIn, Systems" (wiIh
Mary Lou Van Devenrer), The Whol. Earrll
E~.I. Baldwin, cd., 1990. Polnt FoundadoD;
Harmon)'Boob, 201 E. 5OdlSL,Ncw York, NY.
"The Ba)' Area's ProspecIS Cor TOll! Rcc)'dina," The
.Bay Ana 0'.0 Pa,.s, 1990; Green Mcdla Otoup,
PO Box 11314, Berkeley, CA 94701.
Speeches or papen praeuted (partla1):
"Keeping Reusable Good.s In Ibc MarU.cple~'-
BioCyclc West Coest Rccyc1Ina lI1Id C~
Confen:ace, San !'raDcisccl, Mmch 1992-
PInc1I1lOde1aIor, "Special WllS1es - Consaucdon
lI1Id Demolilioa ~""'~I.." Pac:ific: Rccyc1iDJ
&po, Associalioa of Bay Area Oovelr1menU,
SanlaC1ara, Ca1lfcxnia. Novcmber 7. 1991.
"The Eas aud the Chicken: Belancin, Supply 8I1d.
Demand in the Rcc)'Clln, lDdu$crY,"1991
Coo&rcss of tlIc Hoosier E1tvironmelua1 Cn,,"C".
OcIOber 28. 1991.
"DlspoaaI and tile Envinlllment FIIClS, MydIs,lI1ld
Solutions,.. Mldweat LcgiIIativc CClllCezencc, J\I1)'
23. 1990.
"DesipUq Cor TOlaI Rccyclin,," IIIInois WOIIIeII in
Goveminalt ConC=Ce. April 15, 1990.
"T0llIl RecyclIn,." 8th Natiolla1 Rcc)'dinr Cougreu,
ClIarioue. North CarolIna. 1989.
"The Future of Recycllng," keynore addnss,
Governor's Confen:1Il:C CD RecyclIn, and Uucr
Control, CharIeslOll, West VJliinia, April 4-5,
1989.
omces, IaoDon:
Treasurer (2 terms), 1I1e Nortbcnl CaIiCorDia Recyc1in.
Association.
President of Ibc Board of Dlrecrors, Urban Ore, Inc.
Who', Who in ScielU:und Elllinuring. 1991.
Interl'lnn, prallJea (partIa1):
"Earlhkeepm,," qmcnt4 of 4, poduccd byWGBH.
lV In BOIIIOlI, Apn11994. .
"Ba)' Area Back R08ds, " I reliona1"lc1cvlsion
P'OIJ'IID, Marcil 1992-
"Earth lollllll1 wiIh Dr. RichanI Leakey." n.".....II)'
sy,vtl~11ed Ic1eviaion show,I991.
"lIIlep1lliDg Wood InIO 1I1e Rccycllng Loop," Lisa
Gitlin, R.cycnn, Tod4y. June 1991.
"In Salvap Weft. a l'h.D. Helpe, " Morpn Ooodwln.
AlMrlt:fJ1IM.UlI Marur, 1991.
"MIn1na RccydabJa from Our 0arb8gc, " Gtriage
""'il''''''~. Sep'Oct 1990. p. 16.
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.GRETCHEN B8EWER
76411112 La Jolla Blvd., La Jolla, California 92()37
ph. 619-459-5320
fax: 619-459.2710
RF.CYCLING EXPERIENCE
Special Project. Ma""gllr
.
Urban Ore, Inc.
Berkeley, CA, 11/93 to present
Assist in detlign and implementation of comprehensive reduction, reuse, and recycling
plans and facilities for govemment and private sector clients.
Coordinate resource recovery with enterprise and job creation for local economic
development.
Advise state and local govemments on discard management policies and legislation.
.
.
Independent Recycling Consultant
Earth Circle CONervadon ... Recycling
1988-90, 1991.1993
Researched, designed, and mobilized recycling strategic plans, training and public information
programs, and technology transfer for governments, non-profits, and industry. Sample projects:
.
Produced compendium of model North American recycling programs and communication
campaigns for industry consortium launching nationwide recycling in Prance.
For Mendocino County, co-authored business plan for community venture producing
building panels from mixed paper and agricultural wastes.
Advise U.S. ind\lstry associations on national recycling strategies.
As guest of Taiwan govemment, instructed Intemational Industrial Design Society on
recycling and environmental dimensions of product/package design.
For corporate and non-profit clients, evaluated arid reported on European recycling
policies, product labehng, and MRF, paper, and plastic recycling technologies;
facilitated technology transfer.
For Bronx 2000, re~arched tropical rainforest destruction, and initlated .crap pallet
wood recovery project to fOster reuse cottage industries in the South Bronx and
deforested developing countries.
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Solid Waste Program Manager
San Diego County Public Work.
9/90 to 9/91
.
Researched, designed, wrote, and secured industry co-funding for San Oiego County
plastics recycling plan.
Coordinall!d/educated multi-sector Plastics Recycling Task Force.
Designed plastics waste composition protocol; trained sampling personnel.
.
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Recycling Program Coorcllpator
MA Oept. of Environmental Protection
1985 to 1988
.
.
Oeveloped and wrote plastics recycling plan for MA and RI.
Researched innovative European and North American recycling technologies and
launched implementation in MA.
Inventoried scrap tire piles in state; researched/recommended abatement policies,
financing mechanisms, recovery technologies.
.
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Gretchen Brewer - page 2
Development Officer
Resource Center, Chicago, IL
W78 to 1985
.
For oldest non-pmfit recycling program In US, rallied fund. and launched city co-
sponsored recycling, reuse, and composting progrlll1\ll In 12 communities.
By Mayoral appointment, served as Recycling Chair of Chicago Waste Management
Planning Task Porce.
Managed site operations; recruited, trained, and supervised staff, volunteers, interns,
and community boards. .
Created recycling public education programs, annual reports, slide shows, newsletters,
curricula, multi-lingual promotion/education materials; staged media events, workshop$,
conierences, first and second annual Chicago Recycling Weeks.
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PRIOR WORK
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Economic development and human resource services, various City of Chicago agencies.
High school Enj:lllsh teacher, Chicago Board of Education.
EDUCATION
German Marshall Fund of the US, research iellowships. !Tans-Atlantic information exchange
on recycling technologies, products, policies (1986, 1990).
Crlnnell Colleg., Grinnell, lA, BA, English literature, Secondary Teacher's Certificate,
Danforth Poundation Leadership Award.
Roosevelt University, Chicago, IL, graduate work, statistics, vocational guidance.
Various teachers in Chkllgn llnd Hawaii, 20 years study of t'al chi (h'uan, Asian culture and
philosophy.
SAMPLE PlJBLICATIONS &: PRESENTATIONS
"French twist on packaging recovery," Rf!S"UTCiIl R,,<y~ling February, 1994,
"Rural rf!cyeling thrives on homegrown vision. resourcefulness. and teamwork: Rllsnurce
R"~y~hng January, 1994.
North A",mclln Recydlng Commumclltions: An Anlllysis of Ollbtlltldlftg EdlU:ation Material",
Campaips, IInd 5tr/ltegi", Eco Emballages, Paris, France, June, 1993, 127 pgs.
Pan Terrt Business Plan for Mendocino County, co-author with Gainer &: Associates,
March, 1993, 46 pgs.
PllUties R~cycling Action PI".. fo" 5aft Dugo County, Public Works Dept, AIlg, 1991, 172 pgs.
"Designs for Recycling," proceedings, International Council of Societies for Industrial
Design 1991 forum, Taipei, Taiwan.
Ongoing articles in recycling and community development periodicals, 1982 to present.
Plastics Recycling Action Plan, MA Division of Solid Waste, July, 1988, 107 Pgll,
"Long-view Decision-Making on the Scrap Tire Problem" proceedings, New York State
W~.tR TirR Disposal Conference, November, 1987.
Com,.,ehen:si11e Solid Waste Manag.",.ftt Plan fo,. tit. City 01 Chlelllo, co-author, City of
Chicago Dept of Planning, 1985.
"RecyclinglJob Creation Plan for Chicago,. advisory to Mayor Harold WashingtOn, 1983.
Ma,.ket D,velopment M/I1Iual, IL Dept of Energy and Natural Resources, 1983.
How to Run a Community Recycling C,nter, co-author, XL Dept of Energy and Natural
Resources, 1982, 179 pgs.
recycl,d ".per, ".Iur.lly
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1 Study to Dne10p . c.t .bal,.. of late"'"
R.ource __very Fadlltlea
Contract with the West VJraiDia SoUd Wate
'I Manaaement BOI1'd to cost out a ~ lpd and a 100 lpd
Imcaratcd Rcsourc:e Recovery FlICllIty (JRRF). Study
, witt be UICd IS a pde for plUlllCl'l thzouJboat the sratc
1 otWest VJ.raIDiL
1 ileUM, Recydlalt RefuIe .ad the Lead Ecoaomy
COlIIrlICt with the Ce1Wll' for Ndt/lbOdIOOd Tedmolo,y
to ponray the Berk8le)' IeI'IaI MRF with emphasla OIl
IllS local economic developmeat eft'ecu. CJUcqo,
IIlilloJs.
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Project List of Urban Ore Core! Consultants
CURRENT CONSULTING_ad
FACILITY DESIGN
Reuse FaclUty Start.up ""''''Iace
Contract with Wbatcom County. WashlngtOa. to
provide reuse flldUty start-up aaslsfancc to two reuse
operators. WhItcom County, WashIDpD.
Serial MRF I*Ip aad facility planalal -.wace
COIItI'8Ct with prIVIIe party to plaa aad desllD . serial
MRF III Northern CalltomlL .
COMPLETED CONSULTING and
FACILITY DESIGN
A Study 01 Some Aspects 01 the FeulblUty 01
Establlthlllla Vied BullclllIl MaterllllJ BUlIn..
A report to !be Saa Francisco Community Recyclers.
Saa FrmIclsco. CA.
Serial MRF at the Sonoma Trauler Station
Schematic clesIlD for . tront.end reuse and recyc:liDg
lII'e& 11. 195 TPD rurII traaSfer ItatIoa. lJrlIaa Ore
WIS subc:ollSUltaDt ~ WInzIer &: Kelly. Project
Manlgera and CoDBultlna EnsiDeerS. .
Sonoma, CalifomIL
RlcblllOlld Ellvlrollmeatal AetIoo
Dropotf lID' ' buyb.ck faclUty for CUI, bottles.
and paper. ~aa Fraaclsco, CaIifomlL
1U __ Centen, lac.
... e~"_ ~ with bUl.aes& COllCef'l. structure, deIlp.and
1ocaIIon or 1tIrtU' teuse buslD.sa. Wesrem SprID&s.
nunoJs
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San Dleeo Builcllq MatertaII Recydln& Sern~
AssIsWIce with ~ concept and IDitial markctiDl
for atartup reuse ~s. Saa Dle;o, Call1omiL
IDtellllve Recydln~PI1Gt Tilt
PIlot test for multi. IIUial c:urlIsldc recyclIq program
to lDcludc bousehol pulmdble discards.
Butralo, New York.!
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Rattlemake Roadrl FaeI1lty
Front-cod recyc:1lq for a rurallaadfill. .
Lane County, Ore .
OPERApONS EXPERIENCE
lJrbaa Ore RuDell... Matertala Ela:baup and
General Store I
Dropot'f. buyback. ahd retail sales areas tor reusable
goods on two aaes.J In continuous operaliOl1 slnce
1980. Berkc1Cy.C~L
lJrbaa Ore DIIc;tauaeJDeDt Center
Dropotr _and II' fr: statioo IIlvqina operaliOIl.
lIlc1ud1ng reco~ m self.bn,l"" dlacards. In
colltillllO\lS opendo.r IiDce 1980.
Berkeley, Ca1ifonlii
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lJrbaa, Ore Com[fFarDI
0perIIed . muDlcl compost faclUty for three and
one-hall years. CI for lack of alte In 1986.
Berkeley. Callfomi ,
Ecology Center '
Wecldy city-wide $ti.material cwbside collection
with oDSlte material processIlIIo In continuous
operation sInc:c 197 . Berkeley, CalifornlL
Community ~0Il Ceoten. lac.
Multl-maredal buy CCDtet with oaslte materials
proc:essI~8. In co nuous operadoa Since 1973.
Berkeley, Call
Berkeley Rec:)'cUn, GroupINuta and Bolts
CommIttee !'
Oagoln& cooperltlvF maaqement oftraDSlcr Ilatioa.
reuse. and n:cyclI~ compl~
i .
West Seattle Recy~~~ FIIdUty
MultI-marerlaIbUr facI11ty. ~e. WasbiD,ltoa.
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Orientation to Discard Management
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De Clean no:r.er
Urban Ore basea much of III aDilytlcal wort on !he
Clean Dozen, lhe 2 masixlr catelOries of c1i1Cll'da
devekIped by Kuapp IDd MIry Lou Van
Devemer. TbcIc pes ""'hIck all poIt-cDllS1llDef
reSOllfClllIIId describe the entire supply of
discards. They &om ocher seta of CllelOries UICCl
In composition In IeVCral impot1alll ways:
. Reusablr ~ an: Included .. a lelw* CIteIOfy.
. No mystely ~lOries such u "special wastes"
exist; and I .
! .
Philosophy
For more 1han a decade. Urban Ore team mcmhcll
have advocated managInJ discards 10 maximize
ecok18icGlllUttWtablllty.locaJ econcmlc tU'lJellJplMfIl,
and OWIrtIlllocl4l 'lJaJu..
Urban Ore doca not limit mcyclina ro dlvcrtlng
marerlal from a pre-omalned pch ro aland1ln or
Inc:lneraror. In our view, l'e1lJe IIId l'CC)'clina are
ecoIoaica1ly sound and ec:onomlca1ly compedlive
dilpOlll systems. They compere with 1andIilIiDa IIId
iDclncradon by U'ealin8 post-c:onsumer resources u a
aupply.
On TermlnolOC1 .
In the field of dilc:ard IDlIIIIgCIDeiIt renninoIoIY can
1UICOIIIclously 1M even IepJ1y Der p1anniIli toward
one let of diIpolallyttelDS . die ~oe of others.
MOlt c:ommonly,1he vocabuWy of wure is u.ed to
ducribe all poat-consumer materlala IIIId ~,seS.
For eump1c, WISle tcmIlnoIoIY WOlI1d say a dilCll'dcd
aluminum can or Iron c1awroot bathtub Is part ofdle
"scUd wllttlltrcam. "
At Urban Ore, we believe cIcar thl1lIdng requirea cIcar
Iansuaac. DllCarded mlWiall an: poIt-cofl.r_
,eIOIl1'CU and collllitute alllpp/y of di.rcards thIl can
be dtspoIld qftluough various methods. 'I'1Iese
methods may complanem or compete with. each otber.
They Include reusing, mc)'Clinl, compoltlng,
landftUin" and burning.
W4Itll (solid, Uquid, hazardous. or otherwise) Is
material whole value has been dcsIro~o Wasre is
manufactured by some tfl'lJ'O"'\ system., but preveJVed
by othello Garbage padter tnICkI, for example,
manufacture waste by comblnln, and contaminating
recyclable JaOUn:CI.
ThIs IemIlnoIolY ellml...,- die bias rowlll'Cl waste. h
may fee1l111t'amWar It fIra, but It almost always adds
consIdeJabIe clut17 when evaluatlni dlscanl
management systems.
"RecycU,., 16 ,10"'" of di.rpo.ull. /fJOll MIl tD di4poIll
of]Oll1' ptln1ltll' llltflU. ytM MIOlddIt', lump II all
tD8cthu, 4lr altolll,lJ1Jd bury U. YDIt would parcel it
DItt ill an or,anlzldlWlY. ThDI', how'llcyclillt
diIpoIu of tIWtg,. w
- DanlellCnlpp
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- ~'7 .
. No cateIOrya' for~, All mlWiala are
cxmsidered with varylna clepeea of
tccImical and . 0 etBciency. Garbe.,. !be
result of ~ c:boices IIId system CClIISlJ'IiJltI.
The validity of ~ catclOrics was tested empiJica1ly
wbcn a CllIIU1IClOr UMd Ibcm In a ~
long municipal posItkln analysis. NothiIl& was left
out, and notb1n8 left over. 1be capes have
been Idop(ed by No.d~ CaI1fomiaRec,.
AssocIation and YO been used in planning by tbc City
of Be~ and '" Ora Lama Sankary DiJtrlct.
The 12 muter c:aullOries lie: I
I
Revsable goocIa Paper
Glass TcxtileI
Plant debris ,PutrelClbJes
Ceramics SoilJ
McIa1a
P1uIiCl
Wood
Qcmicals
The 12 cIlelOries~; III be u.ed 10 analyze resu\ta from
other composition SlUdies. and !bey pnMde a pract1ca1
analytical frame It fur desiantnl, evaluatin&, or
d\anaiDI opcrati ~ at dlacaid
manaaeme<< They are a uaeM and &xibIe
01'l1ll1izinc prine for any project. from ~de
1elialadOll to a Ode DlCycIinJ system or a local .
-.nM __
11110 lilt 01. \WoIwo IIDI.'" D.IoI x..w.... MaIy LaD
v..~'n. _. 'r ...............T_
..,..,:.....w. ..~. ..,.."..... ..,......."'..
1Wl._A,oICIIiIanM . ....._.......10 _ ...u.JIlII"ridItI
...ClIIIIIlllo..... ._ 'r-
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G&tI..nc. Ser,,,1 MAP 'Oc.sI~11 ~,. w.VA. s.'id W.asrc. 8oa,..(
An Integrated Resource Recovery Facility
Approximate Capacllr: 100 tons per lar
".....I_~-._._.If.. '-',: . '1:;' . " .-.-.-.-.-.-
ZS .,alet e '.' :.
. ~ ~. I
fr. .. . ~ .
l'lppl., .. 19: IOn mlllllo'! eompost area
=. a. a_1Io1 ~ .WJ~
f\J!"':-~!h. ~. t1.
!~~ ......... 'tj\ ~mZ ~ ... ~
,m: runp... ~
'1150;: II .~. ~
:; .,~ . iliaD m
:2-~..~:.~..~~ -I
! '~.:,:.'.: .'.~"ri@.~ .', ~.--... :~.::(~.:: :..:.;.:.;.:.;:::;.::;.:...............::;....;..... ~.
l~l ~~ -.it t~:::..,:...8 ;~~~t_'_I~
! i ~~ ,","--''''.
.! ~ ~- .
jBI ~;: DD~DDDDLU ..iWm,moUri.... ig!
:; '''fir I
i i~Q; rill reuse are~_,_i
11! Iii. ....I..;.~.. :::.
1 ~ ,~li
I: ;I"?r
i ~ ~':"~~d. :
: ~ dr~' .,=- :
: B! A:>ir~ :. ;,.,um.. a i
: : 'Y' ih~: ,1I."'ptl'" U :
i~ll"'.~ 9 gi
; ~.p...' t:li~"",
. t"f. CJ"I
~l ~~p ~~t"II" .. i
: ~.__ t :
Q. ~ .~ . ,.l\lIt\i. [f ~ l
: ~ bt. ~e~~,..,', '"t.."" '-'t ' 1:1 I
~'" '. . . . . . . . oti . . rcti.... .....,. p...... .................. ...Iiiti. ... ./
~~..__._~._----_.....__.[jij------~._.....__.. . --~---------_.._-.~---~-_.------~
.
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t. '.
J..,..,d
m1!1,.'fj'~~
....''f!ti
~"l. .
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SITE PpN
1-30'
o 10' 'lf130'40' 50' loa
Kalr.~
-- ...
Urban Ore, Ine,
'Mardi 1994
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/0'-3/
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SECTION 4
APPROACH TO THE PROJECT
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WH ITMORf & ASSOClMlS
ARCH ITECTS
.
INFORMATION PACKAGE RE:
SOLID WASTE TRANSFER FACILITY
FOR THE CITY OF CHULA VISTA
Proiect Goals
The goal of this information package is to assist the City in accomplishing maximum
material recovery and reduce dependency on the transfer/haul disposal system and
the resulting costs and liabilities. Architecturally, our goal is to develop an efficient,
aesthetically pleasing, and user-friendly materials recovery facility with an emphasis
on sustainability and reclamation of resources that would otherwise be considered
waste. The attached Community Resource Recovery Park Serial Material Recovery
Facility is a prototype that provides an alternative to complete dependency on
landfills and to the County waste management system. This project proposal also
helps the City of Chula Vista meet the recycling and waste reduction requirements
set forth in AB939.
Three building types are proposed to meet this goal, a Material Transfer Station
Building, the Reuse Collection Building, and the Public Recycling Drive-through
Canopy. All three buildings would function as a Serial Material Recovery Facility.
These buildings could be located on a 7 acre site. Circulation is key to a successful
material recovery facility. The buildings will be located on the site to best facilitate
circulation and if possible, the separation of automobiles, trucks and haulers. Rail
access could also be incorporated if located on or near the site.
Buildin~ Tvpe
Sauare Foota~e
Material Transfer Station Building
(includes tipping floor, equipment & processing,
temporary storage, control room & viewing deck,
offices & support)
52,000 sf
Reuse Collection Building
(includes receiving & loading areas, evaluation &
storage of reusables, offices & support)
18,000 sf
Public Recycling Drive-through Canopy
(includes a 5-lane drive-through recycling collection
area with control booths, scales and bins)
12,000 sf
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WHIIMURF & ASSOCIATES
ARCH ITfCTS
.
The Material Transfer Station Building is similar in scale and design to the
Commercial Recycling Building on the enclosed drawing. The Reuse Collection
Building is also be similar in scale and design to the same building on the drawing.
Both buildings include such sustainable and energy saving features as north facing
clerestories for natural lighting and south facing photovoltaic panels for solar power.
The Transfer Station Building and the Reuse Collection Buildings can be built with
concrete tilt-up panels or as a metal and steel structure or a combination of the two
material types. Building costs would depend on actual building square footage and
final material selection. (Refer to the paper titled, "Community Resource Recovery
Parks" for more information.)
The Public Recycling Drive-Through Canopy is similar to it's counterpart on the
enclosed drawing but will comprise of five lanes instead of three lanes. The structure
is actually an open steel space frame canopy. There is no need for any enclosed
structure. Costs for this structure would be dependant on actual square footage, but
less than the costs of an actual building.
The Community Resource Recovery Park prototype drawing indicates the inclusion
of support offices for the various material haulers for the Material Transfer Station
(Commercial Recycling Building on the enclosed drawing). Also included with the
prototype is a Repair/Resale retail building where items collected in the Reuse
Collection Building can be refurbished and resold. Both the support Offices and the
Repair/Resale buildings are optional and can be located on other sites. If all five
building types were incorporated, a 10 acre site would be required as indicated on
the prototype drawing.
jt- 33
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URBAN ORE, INC.
1338 Sixth Street · Berkeley. CA 94710
G_eraJ Store (510) 559-4450
LztormatiOJl Service. (510) 5S9~
B1Iildb!.~ M.teriale EzchaDce (510) 559-4460
Admbdetratioll (610) 235-0172
May 9, 1994
George Krempl
Deputy City Manager
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mr. Krampl:
Urban Ore, Inc. has been in the reuse and recyclinr business as a fulltime,
seven-day-per-week operator for fourteen years. We are part of a cluster of
materials recovery businesses in Berkeley, California that currently employ
over 90 people t'ulltime and ienerate more than $9 million in lUUlual revenue
while handlin&' about 85,000 tons ofmaterial per year.
The key to Our success is source separation, effective site design, and a close
rapport with Our customers. All the reuse and recyclin( businesses in
Berkeley operate without flow control protection, and we e~oy excellent
cooperation with both the City and County. Berkeley is a city of about
110,000 people; like Chula Vista, it is surrounded by a metropolis consisting
of many other cities. .
Berkeley is located in Alameda County, which recently released a chart
showinr that landfiTHng has decreased 23% in the last three years. We are
proud to have played an important role in reducing waste, and e%pect the
decline to continue.
Because of a growing volume of requests for information and technical
assistance. Urban Ore tecentIy formed a consulting team. The core of our
team consists offive people with more than sixty years' combined experience
actually running materials recovery businesses. Our specialty is desiening
facilities of the sort we have participated in building, and modeline how they
win work financially and operationally. Besides our own sites, we have
helped design an interrated front-end reuse and recycling facility at an
existi~ 190 tpd refuse transfer station in Sonoma, California, and 25 tpd and
100 tpd aeneric Intearated Resource Recovery Facilities for the State ofWeet
Virginia.
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We understand that Ohula Vista is currently considerinr whether to remain
in a County system that requires substantial tip fee increases and has
generated substantial uncertainties about long-term stability and risk. As
alternatives. the City is evaluatinc truck- and railhaul proposals. and
conaiderinr transfer facility options. We would very much appreciate the
opportunity for an Urban Ora representative to make a brief presentation on
the intejrated reuse and recycling transfer facility that we have helped
develop.
We have retained an associate. Ms. Gretchen Brewer, to represent our
approach in your area. She has over fifteen yeats professional experience in
the field. and has worked with us most recantly developing the integrated
resourcs recovery concept for the State of West Virginia.
Also, we have recently reviewed the architectural drawinp for a proposed
INDWRr.r .~R Resource Recovery Park done by Teresa Aland .and Lynn
Froeschle. AIA. These drawings are very sii!1ificant, in our opinion. because
they illustrate the fulld"1'I"Ientals of successful source-separated materials
handling while housing the operating businesses in a site design and setting
that is beautiful as well as practical.
We believe Urban Ore's consulting team could help develop the Indweller
concept into a workinr. practical facility cluster that would easily meet the
state's waste reduction aoals while promotinr economic development and
employment and reflecting great credit on the city of Chula Vista. We
request to be granted thirty minutes before the relevant decision-mA'Iri?1i
bodies in order to make our presentation.
(
____Sincerely,
..-..
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cc: Gretchen Brewer
Teresa Aland
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1 "~rJNIlA:-L r<l.-r~~~ I 'j<:;t>\' fT"t..Ppv..;:..u A- (' IlrJ"j""-1 S,<lt..ll:>
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Alameda County Landfill Disposal
1990-93
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1990
1991
1992
1993
Year
,
Year Total To nn..O-e Disposed
b
1990 2,125,877 tons
1991 1,778,124 tons
1992 1,74],757 tOns
t '1998". ..:..:; <,.. 1.6S3.6";)>tQbs. .
.. . : ,- .. ~~. . .' ..~ ,-'. . '"
.sm.r",: Au:1nftla Ctnln/.J U:ll1ifitt OP_I<m
Fip.... in,1ud" ""W'l.-rlIralltd and disp..,d iT. Ai4m<<lo County D7&ly
/ f- 31
Ih..~_"'~'" "~~W..-...l~_."t.:.:.:"""~'~'_~":'----"'~"""4''''-''~__~.c........... '+./'", ..._.,_, _..... '~,..,~,,,.
URBAN ORE, INC.
1333 Sixth Street · Berkeley. CA 94710
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Gen....al Store (510) 559-4450
bltormatlolL Service. (510) 559-4454
BuUclinr Mawriala Eschanp (510) 559-4460
Admilliatratlon (510) 235-0172
May 10, 1994
Michael Brown
Brown, Vence, and Associates
120 Montgomery Street. Suite 1000
San Francisco, CA 94104
Dear Mike:
Urban Ore has been contacted by Teresa Aland, a recycling activist and
entrepreneur who has proposed a serial materials recovery facility for the
City of Chula Vista. After reviewing the site plan and design she sponsored,
we think her proposal has merit end deserves to be evaluated seriously.
However, today she sent us an analysis by Brown, Vence, and Associates that
reC01'nTnends against the serial MRF concept that Ms. Aland has proposed.
There are several statements in the BV A report that I believe are misleading
or inaccurate. I would like to take this opportunity to comment on them.
· It is true that the serial MRF .requires a major shift in solid waste
practices." But that is exactly the intent ofCallfomia'. AB 939, as
revised. The shift that AB 939 requires is the shift from managini
discards as wastes to managini them as resources. We think the serial
MRF could help make this shift occur reliably and cost-effectively.
· The serial MRF relies on "small business cooperation", and for that
matter also .on the cooperation oflarge businessea, institutions, and the
feDeral public. The tone of the BV A report suggests that this is a
disadvantage, but of course it is not. Operators in a serial MRF
succeed by meeting the needs of their customers, exactly as any other
kinds ofbulinesses do. We use favorable rates, communication, and
convenience to pull materials away from wasteful destinations.
· The BV A report suggests that the serial MRF has been tried .on a
small scale, (but) not...on the large scale that Chula VlSta would
require." As you know, the serial MRF that operates in Berkeley is a
regional facility that operates in close cooperation with a major refuse
transfer station. When we surveyed six major materials recovery
operators in the Berkeley RMDZ last year, we found that they
employed over 90 people fulltime, handled about 815.000 tons per year,
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and generated about $8.5 million in total income. Since then. most of
these operators have continued to expand their throughput. Although
we know the Berkeley serial MRF is not complete. I submit that
collectively we are having a 181'ill impact on reducing the waste stream
in our area.
· I have not read the written part of the Mother Aland proposal, but I
can tell you that developing markets for recovered materials is
somethinrthat each business in the Berkeley serial MRF takes full
responsibility for. We do not rely On the City or County to sell our
products for us. as your analyst seems to imply. One of the reasoDS we
have been so successful over the years is that we have developed high
quality feedstocks. services, and products that move well in the
marketplace.
· We believe that there are many serial MRFs operating in the United
States, most of them not On contiguous sites but rather in decentralized
regional clusters. The problem offindinr worm, examples is
basically one oflearning to recognize the geoiraphic patterning of
these source separated materials recovery business clusters. The name
.serial M:RF- was coined by Tom Padia, Recycling Coordinator for
Alameda County.
I hope that these remarks help to restore the validity of the serial MRF as an
option Cor the City of Chula Vista. A feasibility analysis could show how the
various components of the serial MRF might be confieu:red given the discard
composition ofChula Vista, and the location and functions of the materials
recovery businesses already operating there.
If you would like to discuss these ideas further, my direct phone number is
510-235-0172.
/1_ 10
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Attachment B
Architects in Education
Committee on the Environment
Regional & Urban Design Committee
International Call for
Submissions:
Sustainable Strategies
for Communities and
Building Materials
ThoAmericon _al-"-
1735 _ Vorl< Avonuo. IfW
Wuhlngton. DC 20006
(202) 1128-7300
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-
AMER INST OF ARCH.
738 pel
AUG 12 '93 11:37
TilE HIEHI<':A~ Ir-.~TI'JTTr UF AllClIITECT:oi
--
co.
Opt.
Memorandum
To: Sustainable Strategies Submitter
From: Mielle Marquis, Ass!. Director, COTE
Deborah Johnson, Program Asst., COTE
Subject: Jury Selections
Date: August 11, 1993
Copy: Jury Committee
Dear Sustainable Strategies Entrant:
Congratulationsl Your abstract was preliminarily chosen for publication (and
possible presentation) at the October IS, 16th Symposium in Seattle, WA A six-
page (no more than six) paper describing the project must be submitted by
SeDtember 24. 1993. The paper needs to be formatted for 8.5 x 11" paper, one-
sided in 11 point type. As mentioned, the paper will be included in a publication
following the symposium. The jury may ask authors to modify the papers received
to clarify content or to add detail in specific areas. Pinal modifications to the
paper must be submitted by October IS, 1993.
AlA reserves the right to exclude a paper for publlcotlon based on the slll:-page
paper submitted lor review.
Please refer to the Final Draft (page 3) section in the Call for Submissions for
guidelines in developing your papers:
/f-f5
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\\.,ol.IHj.('ull. rH: .!UO(lh..)~I':!
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Lynn Froeschle, AlA
4472 Mount Herbert Avenue
San Diego, CA 92177-4730 COMMUNI1Y RESOURCE RECOVERY PARKS
by Lynn Froeschle, AlA
Copyright, 1993
Architects
(619) 577-2858
'(FAX) 571-7073
Problem: Landfills in the United States and other industrialized nations are filling at
alarming rates. As the world population grows, so does the amount of trash and waste we
produce. With only 5% of the world's population, the United States consumes 25% of all
energy used on earth (1). In addition, this nation generates about 10 billion metric tons of
nonagricultural solid waste each year (2). We are a "throwaway" society that discard on
average nearly two tons of waste per person every year (based on a combination of
, residential, commercial, and construction waste) (3). This translates to approximately 400
million tons of municipal waste generated-nationally each year including construction and
demolition debris. 73% of these wastes are dumped into landfills (4). Californians disposed
of nearly 50 million tons of trash in 1990 alone (5). It should come as no surprise that many
of our nation's landfills are closing as they reach their maximum capacities. lIt San Diego
County, one landfill may close in 1993, creating the controversy of where these additional
2,000 tons of trash generated daily should be dumped (6).
- Solution: The creation of Community Resource Recovery Parks is an economic alternative
to landfills. Nearly all the waste going to landfills is recoverable. Community Resource
Recovery Parks are similar to material recovery facilities where discardeq materials are
resources that are collected for reuse and recycling. Trash can be converted into resources
through reuse, recycling, and composting thus preserving the environment, saving energy in
the process, and leading to a sustainable future. Community Resource Recovery Parks can
also help to educate the public and business to think of the trash they produce as resources
so we can move from a "throwaway" society to a sustainable society. .
Through reuse and recycling we can save on the high energy costs associated with producing
products from r.aw materials along with preserving environmental resources. Recycling
materials and reusing pro<tucts also avoids disposal fees associated with landfills. This
means that being ecological is also economical. Although it costs less in the long run to
produce products from recycled materials, our nation's laws favor products made'from raw
materials from the earth along with the high energy and waste generation associated with
this process. Presently, tax-breaks for products made from raw materials penalize producers
of recycled products. This raises the cost of recycled goods which effects the demand for
these products leading to a glut in the collection of recyclable materials. The technology
to recycle most materials is available, but there also needs to be demand for lower-cost
recycled products in an equitable marketplace. Ultimately, removing governmental
, roadblocks and providing incentives for eco-businessesand products will help to ~nsure a
sustainable future.
The Community Resource RecOvery Park concept can be incorporated into any community
that wants to recycle. , By tying in to mass transit, the parking requirements could be greatly
reduced as well as the pollution created by the automobiles. The resource recovery facility
could be scaled down to include only the drive through public recycling collection area and
function as Ii. Community Resource Recovery Satellite. Collected resources could then be
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Lynn Froeschle, AlA'
. Architects
function as a Community Resoural Recovery Satellite. Collected resources could then be
delivered to the main community facility. Resource recovery facilities will provide jobs,
income, and a tax base. These facilities will also restore reusable items, collect recyclable
materials, produce compost, sell refurbished and recycled products, and help preserve the
environment. '
INDWELLER Resoural Recovery Park
The specific proposal is to create a prototype mixed-use community resource recovery park
in Chula Vista, California calledINDWELLER ReSOUral Recovery Park that recovers
source-separated reusable, recyclable, arid organic materials on a 19-acre site. The
projected planned capacity of the INDWELlER facility is 200 tons/day, diverting
approximately 10% of the waste stream fEom the Otay Landfill and converting the trash into
resources through reuse, recycling, and composting (7). Presently the site is'being used as
an autoparts j~ard. Before any construction can begin,. the site will go through an
extensive environmental clean-up procedure.
Project Concept
The li,Iasic concept behind the INDWELLER Resource Recovery Park is to create a
sustainable project that encourages society to reuse"recycle, and restore, INDWELlER,
the non-profit recycling organization and client wanted the project to also be contemporary
and user-friendly. The architect, Lynn Froeschle, AlA, achieved this by implementing a
contemporary design theme throughout the project The building masses were proportioned
into smaller, more hUman scale buildings through rhythm and repetition along with linear
elements in order to create an inviting and friendly feel to the complex. Additional user-
friendly elements were incorporated into the design' such as the one-way, two lane
I circulation loop and a drive-through public recycling Collection area.
,Project sustainability is achieved through the use of renewable and recycled building
,products, energy efficient design features, and restoration of the river valley eeo-system.
Energy efficient design features include solar powered photovoltaic roof panels, clerestories
and skylights for natural lighting, and operable windows for natural ventilation. With the
assistance of recoverable resource consultant, Teresa Aland, info~tion regarding reuse,
recycling, and restoration through composting were also incorporated into the conceptual
design.
Sustainability through Design, ,
The project incorporates the following points to create a sustainable design:
1. Includes the use of non-toxic, recycled, and renewable building materials.
2. Incorporates energy efficient features of solar power, natural lighting and ventilation.
3. Conserves energy through the process of reusing and recycling.
4. Improves the site environment & restores the valley eco-system.
5. Returns green materials to the earth through compostiIig.
Sustainabifity through Project Use _
The project encourages sustainability through project use by the following points:
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Lynn Froeschle, AlA
Architects
1. Educates the public and business to think of trash as a resource.
2. Provides economical incentives for society to be ecological.
3. Encourages the public and business to reuse, recycle, and restore.
About the Site
The 19-acre site gently slopes toward the Otay River. The following are positive aspects
about the site:
1. The site is located in the Otay River Valley with the river actually flowing through
the southern portion of the site, The project will incorporate a Nature Park to
restore and preserve the Otay River thus tying into the planned Otay Valley Regional
Park.
2. . Tqe site ,is located in San Diego County which has mild climatic conditions along
with a high percentage of sunny days. Natural ventilation and lighting along with
solar power will be available year-round and these energy efficient features will be
incorporated into the building desigD..
3. The site is located only a few miles from the USA/Mexican border. The project will
attract customers and recyclers from both sides of the border.
,
The site is also 15 acres long with 4 acres adjacent to the site. The following were identified
as site constraints:
. 1. The site is long and narrow which effects the site traffic circulation and building
layouts. ,
2. The site is presently a automobile junkyard which will require an extensive
environmental clean-up process. .
Master Site Planning
Three main areas were first identified and then assigned phases. The 10 acre Reuse and
Recycling (Phase 1) portion of the site was located adjacent to Main Street. The 4 acre
Composting Site (Phase 2) was located adjaCent to the main pprtion of the site. The 5 acre
Nature Park (Phase 3) with the Otay River running through it was located behind the Reuse
and Recycling Site.
\
Circulation became the key to laying out the site due to the length of the site, the different
functions occurring, and the high volume of automobile, truck and hauler traffic expected
at the site. A one-way two-lane loop was immediately proposed for three reasons:
,
1. One-way traffic would help create order to the high volume of traffic flow to the
diverse functions occurring on the site.
2. Two lanes of traffic would provide safety to the .diverse user vehicles expected
including, automobiles, trucks, and small haulers.
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Lynn Froeschle, AlA
Architects
J 3. The use of one-way two lane streets takes up 'less valuable space on th~ narrow site
than conventional streets thus preserving more open space for buildings and parking
lots.
-
All of the Reuse and Recycling Site functions are located within the circulation loop with
the retail spaces of the Eca-Plaza and Repair/Resale building located nearest the street
The reuse and recycling drop-off areas of the Reuse Collection building, the Public
Recycling Drive-through. and the Commercial Recycling building are located behind the
retail area. The supporting Eco-Offices are located behind the drop-off areas. The,
circulation loop provides direct access to the Nature Park and Composting Site allowing
users to by-pass the Reuse and ~ecycling portion of the site.
About the Project
The Reuse and Recycling (Phase 'I) portion of the site incorporates six building types
totalling over 110,000 square feet of building space onto 10 acres of the site. The primary
purpose of this complex is to keep reusable materials in use. Refurbishing and reselling
these reusable items including used building components helps preserve natural resources
and keeps them out of landfills. As much as 28% of the waste in hmdfills is estimated to
be construction and demolition debris (8). The secondary purpose of this complex is to
recycle materials that cannot be reused. Recycling also helps, to preserve the environment
and prevents these resources from filling our landfJJIs. The project will also be b~ilt with
reusable and recycled building products.
The public, charities, and businesses can bring their source-separated reusable items, to the
Reuse Collection Building where the items are evaluated and Stored for future restoration
in the Repair and Resale Building. Examples of reusable items range from building
components to office equipment or home furnishings. Reusable building components 'would
include cabinets, doors' and windows, lighting and plumbing fixtures. (Reusable flooring and
roofmg materials can be delivered to a nearby facility.)
The Repair and Resale Building is where these reusable items and salvageable discards,are
refurbished and then sold in the 'retail stores. The resale of these recovered items
completes the cycle of giving new value to reusable resoUrces that would have ended up as
trash in a landfill. '
The Public Recycling Area is, a - dove-through collection area where the public can
conveniently drop-off source-separated recyclable materials such as glass, metal, paper and
plastic. Then they are, rewarded with compensation for their efforts. In addition, source-
separated "greens" such as lawn clippings,. leaves, and branches will be accepted at no
charge. Household chemicals will also be accepted for a nominal fee.
Independent haulers, recyclers, and contractors can bring their source-separated recyclables
including construction materials to the Commercial Recycling Building transfer site where
they can haul, weigh. tip, bail, and store their materials. Recyclable materials such as glass,
metal, paper, and plastic will be rollected and stored by category in the Commercial
Recycling Building. Construction materials such as drywall, lumber, steel framing, roofing
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Lynn Froeschle, AlA
Architects
materials and metal piping will also be collected for recycling purposes. (Concrete, brick,
and porcelain can be delivered to a nearby facility and recycled.) Eventually these resources
will be delivered to off-site recycling facilities where they are manufactured into new
recycled products.
The Eco-Offices provides support space for the administrative needs of the independent
recyclers and the INDWELLER non-profit recycling organization.
The Eco-Market Plaza is an area at the front portion of the project where eco-businesses
can display and sell newly recycled products. These recycled products are created from the
secondary materials that were collected on site and manufactured off-site into new products.
The Composting Site (Phase 2) is a four acre agricultural zoned area where landscapers can
drop-off their source-separated "greens". The composting area is monitored with the latest
technology to avoid odors !lI1d naturally restores the Earth with a nutrient rich soil.
The public Nature Park (Phase 3) area will restore five acres of the Otay River Valley
habiblt. The park will be integrated into the planned Otay Valley Regional Park which will
extend from Otay Lakes to the San Diego Bay. The Nature Park will incorporate greenbelt
features into the plan such as nature paths, hiking trails, bike paths, and horse trails. A
Park Facility Building will house an interpretive wildlife' center along with a food court.
/" Most of the parking will be located in an earth sheltered parking facility which is;located
. at the base of an existing eight foot embankment in order to minimize the impact of parking
on the site.
Preliminary Cost Assessment
The investment into Community Resoutce Recovery Parks will vary based on the extent of
'. the project. Cost will be dependent on factors such as building types and building s~s
along with the size of the site and extent of the site work. A Community Resource Recovery
Satellite which is the same as the Public Drive-through Recycling Area with an 8,000 sf open
canopy structure would have a minimal cost of approximately $160,000 plus site work. The
following are preliminary cost estimates for the three phases of the INDWELLER> Resource
,
Recovery Park: . '.
Phase 1: Reuse and Recycling Site
The construction of four buildings totalling 107.,000 sf along with two areas containing open
canopy struptllres totalling 11,000 sf will cost approximately $5,450,000. An additional
$450,000 will be required for completing site improvements of the 10 acre site. This does
not include the cost of an environmental clean-up that may be required once an
environmental assessment report is available. Equipment and machinery are also not
included in this preliminary cost estimate.
- Phase 2: Composting Site . .
The construction of three buildings totalling 15,000 sf will cost approximately $630,000 along
with aD. additional $120,000 for site work. This estimate does not include the cost\of
equipment. The 4 acre composting llite may not need any environmental clean-up. .
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Lynn Froeschle, AlA
Architects
Phase 3: Nature Park Site
The construction of one park facility building along with earth-sheltered parking will cost
approximately $650iOOO. An additional $180,000 will be needed for site improvements of
this 5 acre site excluding any major environmental clean-up that may be required.
Summary
/'
The INDWELLER Resoun:e Recovery Park will promote sustainability by providing an
alternative to landfills by- greatly reducing the. amount of trash being added to landfills.
Through reUse, recycling, and compbsting, the facility will recover resources that would
otherwise be considered trash. Projects such as the INDWElLERResource Recovery Park
can help California communities meet requirements set forth by the Integrated Waste
Management Act (AB939).' This California law mandates that 'cities and counties recycle
25% of their solid waste by 1995 and 50% by the year 2000 (9). .
Community Resource ReCovery Parks .replace conventional approaches which fill the
landfills, waste valuable land, and pollute the efivironiIlent. Community Resource Recovery
Parks can help industrialized nations reach a sustainable future by reducing waste that
pollutes the environment, conserving energy in the process, and providing society with
economical incentives to be ecological. Through recovery, reuse, and recycling the United
States can become a sustainable society.
Bibliop1loby
(1) Elmer-DeWitt, Philip. "Summit to Save the Earth." l:i!M June 1, 1992: 40-58.
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
\ ;
Stein, Edith C. The Environmental Sourcebook 1992: 187-202.
Palmer, Tim. California's Threatened Enviro~ent 1993: 170-175.
Stein, Edith C. The Environmental Sourcebook 1992: 187-202.
Palmer, Tim. (""lifornia's Threatened Environment 1993: 170-175.
San Diego Association of Governments (SANDAG). "San Diego Region: Source
Reduction and Recycling Element." 1990.
Ibid.
Derman, Asher Phd. "Embodied Energy, Air Pollution, and Materials, Part II." AlA
Environmental Resource Guide April 1993: Topic.IV.E 1-17. .
Palmer, Tim. California's Threatened' Environment 1993: 176-181.
>
/6 - 5/
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Lynn Froeschle, AlA
Architects
Additional References
EnvironmeI).tal Resource Guide 1993. American. Institute o(Architects.
,
Guide to Resource Efficient Buildine Elements 1993. Center for Resourceful Building
Technology. '
Stern, David. "The Sonoma Discard Management Center: A Broader Design Paradigm for'
Transfer Stations and MRFs." 1992. Urban Ore, Inc. Information-Services.
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Attachment C
Reuse, Recycling, Refuse
and the Local Economy
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I DoCUMENTED BY URBAN ORE, INc. AND THE CF..NTER FOR NEIGHBORHOOD TECHNOLOGY . OcrODER, 1993
A recycling phenomenon
I BERKELEY. CA -In the late 19705, a
municipal Incinerator was slated to be
I builtin West Berkeley, a mixed reslden-
tial, commercial, and Industrial part of
this city of 103,000. Citizens protested,
I and after a long struggle, a recycling and
refuse transfer station preempted the
burner. Today. the would-be burn plant
I site Is the epicenter of a regional materi-
als recovery phenomenon: the Berkeley
serial materials recovery facility (MRF).
I Public policy shifted from building an
expensive. centralized facility toencour-
aging community and private enterprise.
I Now a network of Independent but
complementary reuse. recycling, and
composting operationsrecelves discards,
I adds value to them, and markets high
quality resources. The result: a regional
MRF thatrecovers material, creates jobs,
I supports local for-profit and non-profit
businesses, adds to the tax base, and
gives haulers a convenient, economical.
I and environmentally sound way to dis-
pose of theJr payloads.
The Berkeley serial MRF demonstrates
I how materials recovery can be used as a
community development tool. This
prompted the Center for Neighborhood
I Technology (CN'I) In Chicago to hire
Urban Ore's Information Services divi-
sion to conduct this study.
I CNT and Urban Ore hope the study will
. help planners, community-based orga-
I n1zations, and Industry professionals see
the full potential of existing serial MRFs
and how their principles might help
I maximize recovery andcommunlty ben-
efit of all discard management facilities.
;
A
case study
of the
Berkeley Serial
MRF
Berkeley serial MRF at a glance
City of Berkeley, CA: pop. 103,000. Alameda County: pop. 1,3 million
City "! Berkeley...citywide refuse collection. refuse transfer station with dump-and-pick
s~lvaglng and motor oil dropofl...commercial curbside recycling...residential plant debris
pICkup. Ecology Center...non-profit. citywide. mulli-materlal residential curbside recycling.
Community Conservation Centers (CCC)...non-prolit. drop-off, buyback, materials
high grading and marketing. Ohmega Salvage...for-proflt building materials and house parts
salvage. Urban Ore...for-prolit reusable goods salvage and recycling business. American
Soil Products...for-profit business producing soil amendments, blended soils, and mulches.
Tipping areas .............................19 TPY of refuse to landfill.......90.000
FTE employees..........................94 Recycling annual cash flow ...$8.5 m
Organizations...............................6 Refuse annual cash flow ...$11.0 m
Acres of sites .............................10 Cash budget. lion recycling ....$102
TPY diverted ..........approx. 83,000 Cost of 1 ton landfilllng ..........$122
Note: mucII 01 the mA1se and hlCyr:ing klnnBge 8001/8 is genemfed outside the City oI8etlreley.
Why call it a serial MRF?
The Berkeley configuration recovers
materials by diverting them from
landfilllng. so it operates as a materials
recovery facl1ity. Uke most MRFs,lt
has conveyors. magnets, and a baler.
But It didn't make sense to draw a line
around only this equipment and call it a
MRF, because the entire network clus-
tered around the transfer station together
works as a MRF.
So we drew a line around a core cluster
of businesses and programs. We call It
a serial MRF because haulers unload at
a series of tipping areas.
Methodology
We sent a list of questions to a highly
placed manager In each organization
and asked for theJr best estimates. They
responded In writing or in telephone
Interviews. We made follow-up calls to
fill out our database and check facts.
A BIG THANKS TO EACH ORGANIZATION
FOR FREELY SHARING INFORMATION! It-sf
Chronology in brief
The Berkeley serial MRF has grown
overtimeln response to politics, chance,
Individual activism, legislative mandate.
and entrepreneurship.
1923: Berkeley landfill opens. Salvag-
Ing begins sometime thereafter.
1969: Ecology Center founded.
1971: Precursor to CCC's dropoff opens.
1973: CCC established; Ecology Center
curbside newspaper collection begins.
1975: Ohmega Salvage opens.
1980: Urban Ore starts at landfill. Ecol-
ogy Center expands to glass and cans.
1982: Citizens defeat proposed mass
burn plant. CCC opens Buyback.
1983: Berkeley closes landfill, opens
transfer station. Urban Ore opens Com-
post Farm.
1985: American Soli Products opens.
1986: Urban Ore Compost Farm closes.
1989: Recycled Wood Products opens.
1990: City's commercial recycling col-
lection program begins.
1992: Plant debris program citywide.
1993: Recycled Wood Products closes.
Clty'smotorolldropoffopens. Ecology
Center: magazines, OCC, mixed paper.
Supplying the Berkeley MRF
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I Collection infrastructure. 1be City of
Berkeley picks up residential and com-
mercial refuse In compactor trucks, front
I loaders, and roll-off trucks. It also col-
lects commercial recyclables. residen-
tial plant debris, and bulky goods at
I curbside. 1be Ecology Center picks up
residential recyclables at curbside on the
same day as trash pickup. The other
I organizations have a much smaller but
stili vital truck fleet to reach out and
secure supply. American SolI Products
I subcontracts most of Its trucking.
Small- and self-haul culture. A lot of
material enters the Berkeley MRF
I through small- and self-haulers. Small
businesses. contractors, homeowners,
scavengers, and a host of other people
I bring material to the system In automo-
biles, pickup trucks, vans, trailers, and
larger flat bed trucks.
I This extenstve hauling Infrastructure
provides several collection tiers - for-
I mal and Informal - with a wide variety
of ways for materials to enter the system.
Berkeley's hauling structure
The Berkeley MRF feeds its appetite for
discards In two ways: by picking them
up where generated, and by setting up
convenient, cost-effective receiving sys-
tems for other haulers to use.
warehouses, laboratories. the Iililitary.
and more.
Source separation
The system Is geared to handle clean
feedstocks. Operators maintain quality
bylnspectlngeachlncomlngload. Haul-
ers learn - enthusiastically or grudg-
Ingly - to stratify their loads to pass the
quality screens of recyclers' receiving
systems. 1be penstty for failure is high
tipping fees later.
1be main goal of thorough load screen-
Ing Is to provide a high quality end
product without costly mechanical sepa-
ration equipment Instead, energies are
devoted to upgrading and otherwise add-
Ing value.
What is left out
1be Berkeley serial MRF Is not com-
plete, which means there are service
voids.
At this writing, full or partial service
voids exist for the following commodi-
ties: wood, planltrinunings, putrescibles,
solIs, ceramics, textiles, plastics, and
chemicals.
A key missing link appears to be a local,
large-scale plant debris compostlng fa-
cility. Since Recycled Wood Products
closed early In 1993, landscapers have
used a less convenient a1ternati ve: tip-
ping their plant debris on a portion of the
City's transfer station floor. 1be mate-
rial is then trucked to a composter.
1be further development of the Berke-
ley serial MRF maybe aided as the West
Berkeley Area Pian takes effect. 1be
Berkeley/Oakland Recycling Market
Development Zone has already helped
finance equipment to increase capacity.
Feedstocks
11be Berkeley serial MRF handles an
astounding array of feedstocks, includ-
I ing organic materials, solIs, construc-
tion materials and other reusable goods,
I appliances, glass, plastic, and metal con-
tainers, scrap metals. scrap ceramics,
many grades of paper, motor oil, 011
I filters, refrigerants, and compressor oils.
See the chart on page six for a rendering
of the services provided by this compre-
I henslve MRF. Variable tipping fee
This material comes from homeowners, Haulers separate thelr loads primarily to
renters, businesses, institutions, trades- save money on garbage tipping fees.
I people, restaurants, landscapers, con-. TIpping fees at local transfer stations
struction contractors, manufacturers, range from $49 to $58 per ton. Haulers
reduce their costs by tipping clean mate-
rials at the other operations. which may
charge no tipping fee. a lower tipping
fee, or even pay cash for certain materi-
als.
Besides reaping financial benefits, many
haulers know their payloads have value
and hate to see good stuff wasted. This
is especially true for homeowners. con-
tractors, or landscapers, who often buy
the MRF's products to use In their
projects.
Face-to-face education
When a lower tipping fee or common
sense fails to pursuade haulers to stratify
their loads, a sometlmes-cheerful, some-
times-confrontational process of face-
to-face education takes place. Opera-
tors patiently explain their quality re-
quirements - why they11 accept this door
and not that one. or why this load of
brush won't produce a clean mulch. At
times, the operator has no choice but to
reject a load from the most well-
Intentioned person, sending him or her
down the street to pay the going garbage
disposal rate.
The good news Is that haulers respond
well. They know agood thing when they
see It: save money. make money, and put
things to good use.
Regional draw
Much of the material entering the Berke-
ley MRF comes from within Berkeley.
but the system pulls materials from the
nearby cities of Oakland, EmeryviIle, EI
Cerrito, Richmond. and Albany. Be-
cause of the combination of a lower
tipping fee, range of materials accepted.
and the sale of attractive retail products.
the Berkeley MRF draws people from
around the Bay Area, and as far away as
Southern California and Oregon.
It's possible that this regional pull Is
responsible for increasing the garbage
flow at the Berkeley refuse transfer sta-
tion when nearby dumps with fewer
recycling opportunities are experienc-
Ing declining garbage. It' -55
Local economic development
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The MRF puts spending power into the
I local economy through its 94 employ-
ees, many of whom enjoy well-paying.
skilled jobs with excellent benefits.
I Berkeley Serial MRF Jobs
(FuD-lime equivalent, includes collection)
I City of Berkeley ..............................16
CCC dropofflbuyback .....................15
Ecology Center ................................18
I American Soil Products ...................18
Ohmega .............................................7
Urban Ore ........................................20
I TOTAL ..__...._n.IIII.IU...T111U94
Supply-side benefits
Local economic benefits start upstream
on the supply side, where suppliers save
or even earn money on the material they
dispose of. The Berkeley serial MRF
gives haulers an opportunity to increase
margins or lower their collection fees,
either way making their business more
competitive. Homeowners,individuals,
business people, andcontractorscansave
or earn money. too. The avoided dis-
posal cost of this MRF is quite large,
probably somewhere In the range of $4
million to $5 million annually compared
to landfilllng.
Jobs, jobs, jobs
Independent contractors
I The Berkeley serial MRF operators also
support many specialized Independent
I contractors vital to the reuse and recy-
cling operations. Urban Ore uses con-
tractors to clean bricks and evacuate
I refrigerants and appliance oils. Ohmega
Salvage uses about a dozen subcontrac-
tors to rebuild plumbing, rebuild doors,
I and make staIned glass. AmerIcan Soil
Products contracts out over $500,000
worth of trucking each year.
I
Demand-side benefits
I Local economlc benefits flow down-
stream through demand markets, too. In
the reuse business. providing a steady
supply of low-priced, authentic house
parts enables homeowners, restoration
contractors, and property managers to
make repairs that might otherwise be
unaffordable.
The same Is true for the soil amendment
business. Beautiful landscaping adds to
property values, and good solis are the
foundation for landscaping. The effects
are felt throughout the reaI estate indus-
try and eventually raise the tax base.
A substantial number of reuse custom-
ers buy things that they resell at flea
markets, garage sales, thrift stores, or
collectibles boutiques. Many do repaIr
. and refinishing work; some do consider-
able research to find the best market for
items they purchase. The value they add
Is reflected In the difference between
what they pay for something and what
they get when they resell It The differ-
ence, minus any expenses, is their in-
come. For many resellers, this is their
primary occupation.
Other reuse customers are contractors
who use the MRFs products In their
specialized trades. They may upgrade a
door by painting or repairing it, then get
paid again to Install It Landscapers and
gardeners use bricks, stones. soils, and
scrap lumber to create pleasant outdoor
spaces for homes and businesses.
Economic powerhouse
The Berkeley serial MRF circulates a
substantial amount of money through
the local economy.
Annual Cash Flow
of the Berkeley Serial MRF
(includes collc:ctioo costs)
City of Berkeley ..............$2.2 million'
Non-profits ......................$2.5 million'
for-profits .......................$3.8 million'
TOTAL _M" ...._$8.5 million
I Expense buelgot, FY 1993-1994
'Projected 1993 nven_; incl. City of
Do"'oley service f... not counted above.
'1!Ilimated 1992 reven_
1llis money circulates through the local
economy by way of employees. contrac-
tors, suppliers, customers, public tax
coffers. and owners' profits.
Tax revenues
In an age of tight budgets. this serial
MRF adds directJ y to the public revenue
in the form of business license taxes and
state and local sales taxes. While data
were not available for every business.
aggregate estimates were available. and
are presented below:
The Berkeley Serial MRF's Annual
Contribution to the Tax Base.
City license.fees.......................$5.700
City's share of sales taxes......$38.000
Balance of sales taxes .......... $292,000
TOTAL ........----____...$335,700
. taxes paid on revenues only. not taxes paid
on supplies and equipment purcb.....
Space: the missing frontier
The flip side of the robust and cosmo-
politan economy of the Bay Area Is the
limit to growth Imposed by dense settle.
ment Lack of affordable space forrecy-
cling has long plagued Berkeley serial
MRF operators.
TheClty of Berkeley operates and leases
about three acres to recyclers, but this
land was originally acquired as a site for
burning garbage and has proven to be far
too small for maximally effective recy-
cling.
Urban Ore lost Its compost site in 1986,
and in 1991 it vacated one of Its retail
sites to make room for other recycling
operators. Recycled Wood Products
lostits site In early 1993. Today,Ameri-
can Soil Products' site is threatened by
complaints about odors and dust.
It Is Ironic that the citizens of Berkeley
united to oppose a mass bum plant in the
early 19808 but have not been able to
solve the land problem for their recy-
clers. It - 5" P
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Estimated throughput
Operation Materials Throughput Landfilled
(lonslyear) (tonslyear)
City of Berkeley
Curbside plant debris grass clippings, leaves, brush 2,000 nla"
Commercial recycling paper, container metal and glass 1,200 nla
Transfer station recovery:
oil dropoff motor oil Md oil fibers nla nla
scrap metal ferrous and non.ferrous metals 764 nla
Ecology Center glass contailers; steel cans; aluminum cans Md 5,784 Avg 0.6%
I Citywide residential curbside foil; newspaper, mixed paper, cardboard, and
magazines
I Community
Conservation Centers glass containers; steel cans and scrap; aluminum
I MLK/Dwight dropoff, cans, foil, and scrap; newspaper, mixed paper, 1,848 Avg 0.6%
2ncVGilman dropoff, and cardboard, magazines, and whfte ledger; PET 1,860 Avg 0.6%
I 2ncVGilman buyback redemption containers 3,480 Avg 0.6%
I American Soil Products mixes, blends, and ages a variety of soils and 62,293 <1%
I organics; sells soil amendments, blended top (MosIg-*!
soils, and mulch in bulk or by the bag I1IiBid8 ~
I Ohmega Salvega, Ohmega Too building materials, house parts and fixtures - 1,250 <1 %
mid-range to hi~.end
I appliance recycling (refrigerants, oils, metals);
Urban Ore Discard nla <1%
I Management Center scrap metals; batteries; cardboard; 447 <1%
reusable goods dropoff/transfer station salvage 325 <3%
Urban Ore General Store and reusables. building materials, household and of.
BuIldIng Materials Exchanga fice contents; antiques, collectibles, appliances; 1,664 <3%
recyclables. ceramics, metals, wood, textiles 373
I " nla=
TOTAL MATERIALS RECOVERY 83,288 not available
I NDllncJuded:Until ft lost its lease ill993, Recycled Wood Products chipped, shredded, and screened wood, limbs, ~
leaves, and grass, then sold the products as mulch or as fuel for cogeneration. RecycIad Wood Products processed
. approximately 12,000 tons of material per year, and reported residues landfilled of well under 1 % of total throughput. /
-st
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Highest and best use
Conserving value
I The Berkeley serial MRF Implements
the principle of highest and best use.
The founders who started each business,
I program, or service had to find a practi-
cal way to take one or more discarded
matedals up a few notches oil the scale
I of worth.
. Ecology Center started as an Informa-
I tlon center, then added Its coIlectlon
service to demonstrate the effectiveness
of curbside recycling and to give the
public a chance to do something for the
I environment that had Immediate, per-
ceivable results. The nonprofit has col-
lected ever-increasing tonnages for two
I decades.
. Community Conservation Centers In-
I corporatedin 1973 to operate two dropoff
centers supported by City funding, then
added the Buyback later. The resulting
I configuration maximizes tonnage and
quality control while offering thousands
of small coIlectors a chance to augment
I their incomes.
. The Ecology Center started a bottle-
washing business to demonstrate reuse.
I The spinoff, called Encore!, has grown
into a $2 milllon per year concern oper-
ating in a nearby city.
I. Urban Ore's retail sales business for
reusable goods replaced an earlier land-
I fill scrap recovery operation.
. American Soil Products started as a
splnofffrom Urban Ore'sCompostFarm,
I taking bulk agricultural materials from a
variety of sources and producing custom
soil blends with specific nutrient levels,
I textures, and even colors.
. The City of Berkeley's curbside plant
debris coIlectlon program uses special
I compostable paper bags for Its custom-
ers. When Recycled Wood Products
lost Its processing site, the city found an
I a1ternativeout-of.towncompostproces-
sor that Is still much closer than Its
landfill, and Is continuing its source
I separated service for plant debris.
Product development
Each processor has seen Its products
proliferate as markets are developed.
. American Soil Products sells five ma-
jor categories of recycled organic prod-
ucts, and these are further broken down
Into 34 subcategories.
. Urban Ore's cash registers coIlectsales
information dally on 41 categories of
reusable goods, from doors to hardware
to toys.
.. The City's refuse transfer station pro.
duces more than refuse: four categories
of scrap metal; bulk loads of clean plant
debris; recyclable motor 011; and nearly
a ton of reusable goods each day.
. Berkeley's two nonprofit recyclers sell
four grades of paper, five types of glass
containers, two types of metal contain-
ers, and mixed metal scrap.
Many of these products are sold locally,
for local use. One manager calls these
"handshake markets," because they are
friendly and personal.
Quality
Recycling obeys the laws of the mining
economy: hlgh-quality products gener-
ate the most revenue. The enterprises
that make up Berkeley's serial MRF
have generally been able to keep mated-
a1s moving despite market fluctuations.
Variable disposal fees drive the system.
Auctuatlons In demand markets can be
countered with fluctuations in rates.
Source separation pays off downstream.
Processors get away with minimal sort.
ing because materials arrive In a fairly
pure state.
Each operator who was able to estimate
their tonnngesestimated residues of less
than 3% of total throughput!
Front-end screen
The principle of highest and best use
creates a huge differential in prices
among products. At the low end are
broken toilets and broken bricks, given
away to a local quarry. Soils and soil
blends at American Soil Products are
worth $18 to $42 per cubic yard, or $50
to $150 per ton. Studies Urban Ore has
done show Its overall materials are worth
$400 to $500 per ton. At the high end,
Ohmega Too takes the prize for the most
valuable finished product - a floral
terracotta bathtub, vanity sink, and foot
stool worth $48,OOO!
The reuse operators serve as a value
tllterforrecycllng. What doesn't sell for
reuse generates clean recycling feed-
stocks from dismantling, cleaning, and
quality control. Materials recovery fa-
cilities that put reuse ahead of recycling
will enjoy higher Incomes, and their
unrecyclable residue will be less.
What the customer sees
Customers entering West Berkeley en-
counter a thriving mixed Industrial, com-
mercial, andresidentlal district with thou-
sands of people on the streets In trucks,
vans, cars, and on foot, transporting sup-
plies or hauling things for hire.
Home enhancement and enjoyment is a
major theme in the area. Restoration-
oriented businesses and bulk suppliers
like lumberyards and sand and gravel
companies abound, along with upscale
eateries and specialty shopping bou-
tiques. One of the city's largest home-
less shelters Is here, too.
The disposal businesses that make up
the Berkeley serial MRF conform to
local zoning, energy and sign regula-
tions. They try to make their premises
efficient and enjoyable for the custom-
ers. They educate the public every day,
teaching people how to take advantage
of all the recycling opportunities.
The Berkeley serial MRF extends the
notion of value-added services. By In-
creasing the information content of the
entire disposal and reclamation SysreD1ld' -57
It maximizes value conserved and vald'l
received.
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I Public/private partnerships
The City of Berkeley has shaped the
I Berkeley serial MRF by devoting land
around and in Its transfer station to recy-
cling. It lets contracts with the Ecology
I Center and CCC for curbside, drapoff,
buyback, and processing services. It
contracts with Urban Ore for reusable
I goods salvaging and appliance recycling.
Recently, the City signed a long-term
contract with the Ecology Center that
I guarantees a rate of return sufficient for
them to make major capital Investments
In trucks and machinery with confidence.
I Communities can do a lot to help serial
MRFs grow. For example, they can ask
businesses to Interview people from 10-
I cal placement programs. They can pur-
chase the programs' products to repair
I City property. They can coordinate re-
quests forstateorfederalllnanclng. They
can help with siting. They can Insert
I information about services Into munici-
pal mailings to all residents. They can
use the existing programs' success to
I attract more businesses.
Entrepreneurial zeal
I The strUctures of the Berkeley serial
MRF organizations are different: a mu-
Helping the Local Economy Grow
Serial MRFs help local growth
Serial MRFs such as Berkeley's offer
the local economy opportunities to grow.
Participating organizations may have
various backgrounds. In Berkeley' scase,
non-profit businesses run drop-off,
buyback, and residential curbside col-
lection programs. Locally owned for-
profit businesses salvage for reuse and
blend soils. All help the community by
serving local buyers and suppliers, cre-
ating jobs, hiring local contractors, and
supplying low-cost ma1erlals to upgrade
housing and businesses.
Operators work together Informally, re-
fer customers to one another, and occa-
sionally form working groups.
nlcipal corporation, two non-profit cor-
porations, two for-profit corporations,
and a sole proprietorship. A common
theme among them, however, Is that
leaders have stepped forward to start and
grow each program. Some leaders took
the personal risk of the entrepreneur.
Most of the leaders have the power to
malcequickdeclslonsasnecessary. Some
are deeply motivated to help the planet,
conserve resources, and build the com-
munity. All must be sensitive to diverse
interests to do business in Berkeley.
Many of the Berkeley serial MRF opera-
tions owe theIr survival to an Il)dIvidual
or two willing to fight passionately for
the survival and expansion of a vision.
Aspiring participants may need such able
champions to survive and prosper.
nps for success
Focus on a niche. The Berkeley serial
MRF works well partly because each
operator occupies a different niche, re-
sulting in superior service yet minimal
local competition.
Focus on your customers. Whether a
supplier or purchaser, theIr satisfaction
Is the foundation of your success. For
suppliers, charge a lower tipping fee for
well-prepared materials; pay cash to
some people; pick up materials if you
can. For buyers, accept cash, check, or
credit cards. Keep a list of what people
want; develop products to match wants.
Stay open seven days a week.
Add a fourth "R" - reduce, reuse, re-
cycle, and RETAIL. Expand your mer-
chandising concepts. Gel ideas from
thriftstores,junkyards, warehouse clubs,
boutiques, hardware stores, mail order
catalogs...anywhere! Sell, sell, sell!
Be therefor your politicians. Give your
officials accurate information regularly,
not just when a big decision is pending.
Help them educate the public. Go to
Important meetings. Explain Industrial
Issues In plain English. Cultivate long-
term relationships. The Berkeley serial
MRF was put together through two de-
cades of political give and take.
Find a good long-term site. Moving
costs money and sales. If the area Is
likely to gentrify around you, be careful;
you may be priced out of the market.
Leverage the grass roots
Community support may be a recyclers'
greatest asset Remember that In nego-
tiating joint ventures with other compa-
nies, your community presence is part of
your "goodwill," and can be expressed
In dollars. Use your history of commu.
nlty service to increase your clout in the
fishbowl atmosphere of discard man-
agement, where public officials can win
or lose elections over recycling Issues.
Many of the Berkeley serial MRF opera-
torscametogether Initially inagrassroots
campaign to defeat a mass bum plant
This coalition powerfully shaped the
futureby~lngthreelnltlatlvesinten
years that paved the way for the MRF's
development The citizens of Berkeley
voted for recycling.
For more information...
Urban Ore,lnc. ...............................................................................510-559-4454
The Center for Neighborhood Technology (CNT) ..........................312-278-4800
The City of Berkeley, Departmenl of Public Works ........................510-644-8892
American Soli Products, Inc. ..........................................................510-540-8011
Ohmega Salvage, Ohmega Too.....................................................510-843-7368
Community Conservation Centers, Inc. ..........................................510-524-0113
Ecology Center, Inc. .......................................................................510-527-2580
P1fPIIIWI by /JnId Sf.", IIItIIJInIM ~ Ih/JIn 0Ia 118/1 by I18rk Gort'Mf.
EdItMIby W1II/IIn Eyring, CNT; IIII)' Lou YII7 o.wnlNllltllllt:hael CaRdy, fIrba~0r6iflfhf
EYII78, t:tJfISIII/lnt; Jim LDjII7w11l, CIty at 1IIrk1l.y. / (5 - '<!!Y (/
~J~
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U~)9
ClW Of
CHUlA VISTA
OFFICE OF THE CITY COUNCIL
May 17, 1994
The Honorable Mayor and City Council
city of San Diego
city Administration Building
202 C Street 11A
San Diego CA 92101
Dear Mayor Golding and Councilmembersi
RE: SDAWMD Memorandum of Understanding
On May 16, 1994 the City of Chula Vista received a copy of
Manager's Report no. 94-145 which is docketed for the May 17, 1994
Council meeting. Because Chula vista has a regular Council Meeting
that evening we may not be able to have a representative at your
meeting. However, as the Agency holding the second largest amount
of capacity in the system we believed it important to relay our
concerns to you at this time.
Al though Chula Vista has only 6% of the current flow, we have
acquired 8% of the Capacity. Our rate payers will be paying for
over $500 million in continuing operation and future connection
charges over the next 20 years, which is a significant portion of
the sewer treatment and water reclamation program. Therefore, to
protect our rate payers, the Chula vista City Council must look
critically at any decisions made regarding the SDAWMD and our
continuing participation in it.
Concerning the Manaqer's Recommendation in Report No. 94-145 we
have the following comments:
1) Weighted Vote. This matter is crucial to Chula vista and most
other Agencies in the District. Chula vista believes that a
weighted vote should only be used to veto a regular vote. If
it is only used to veto a regular vote, we would agree to a
majority of San Diego members and three other agencies to veto
the motion.
2) Retain June 30, 1994 as deadline for withdrawal from the
District. There are too many unknowns (including but not
limited to weighted vote change, South Bay reclamation, final
configuration and cost approved by court, future costs and
facilities to be added) for Chula vista to be willing to sign
the MOU by June 30, 1994. If the date is not extended we
would most likely withdraw from the district.
/9-/
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 919101(619) 691-5044
The Honorable Mayor Golding and City Councilmembers
May 17, 1994
Page 2
3) Fair share costs starting July 1, 1994. Not knowing what the
final configuration is and thus the costs to our existing and
future customers, we are not willing to pay costs which are
not currently allowed by our 1960 agreement until we are
satisfied that the most cost effective system for the citizens
of Chula vista is developed.
4) Front funded contract costs. We would tentatively agree to
this recommendation.
5) Front funded non-contract costs. We object to the payment of
non-contract front funded costs and will not reconsider our
position unless other issues are resolved.
6) Capacity rights. Tentatively Agreed
7)
Transfer. We believe all the other cost issues in the
should await the transfer. By the MOU San Diego
effectively transferring all the liabilities and costs to
District but keeping ownership. That is not a good deal
other Agencies.
MOU
is
the
for
8) Full share of costs. We are not willing to pay a large cost
of North city facilities without a guarantee that South Bay
facilities are built to serve Chula vista on a reasonable
schedule. To be fair to our rate payers, we need to be
assured that the most cost effective system to serve them is
adopted.
9) June 20, 1994 deadline. If this is adopted, the district may
be dead. We will all return to our 1960 contracts.
Our council is not willing to sign an MOU that obligates us to
current and future costs that are unknown at this time. We are
also not willing to sign an MOU that requires us to pay for North
City projects but does not give us reclaimed water for the City of
Chula vista.
Chula vista is going to ask the SDAWMD to extend the period that an
Agency can withdraw from the District without penalty until 6
months after a decision is made by the Court on the configuration
and schedule for the system.
The SDAWMD gives us all a forum to deliberate on the important and
very costly wastewater issues facing us all. If other agencies
withdraw from the SDAWMD because the San Diego demands are too
onerous, or if San Diego withdraws from the District without giving
us time to resolve our concerns, our only immediate option will be
/ "1 -.L.
CITY OF CHULA VISTA
The Honorable Mayor Golding and City Councilmembers
May 17, 1994
Page 3
to return to the 1960 Agreements with the city of San Diego owning
the system. I encourage you to look at the broad perspective on
the above issues and adopt guidelines which will be acceptable to
all concerned agencies.
Sincerely,
Jf- /7~~<.
Tim Nader, Mayor
f: \home\engineer\sdsewer2. 516
fl-~
CITY OF CHULA VISTA
>
,
~
DATE ISSUED: May 13, 1994
REPORT NO: 94-145
ATTENTION:
Honorable Mayor and City Council
Docket of May 17, 1994
SUBJECT:
REFERENCE:
San Diego Area Wastewater Management District (District) - Policy Issues
City Manager's Report 93-216
SUMMARY
~
What policy position shall the City Council adopt on matters related to the City's
participation in the District?
JJ.iana~er's Recommendations:
A. The City Manager recommends that the following policy positions be adopted by the
City Council concerning the City's continued participation in the District:
1) Defer discussion of the Weighted Vote formula to such time as the Member
Agencies have elected to remain a part of the District.
2) Retain June 30, 1994, as the deadline for Member Agency withdrawal from
the District. If agreement cannot be reached with the other agencies, the City
Manager recommends that the City of San Diego withdraw from the District
on or before June 30, 1994.
3) Require each Member Agency to pay its full fair share of all current and
future operating and capital costs beginning July 1, 1994.
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4) Provide that each Member Agency repay to the City its proportionate share of
$159,000 in operating and capital contract costs front funded by the City by
July 1, 1994, and thereby waive interest payments on the contract costs.
5) Provide that each Member Agency repay to the City its proportionate share of
$10,081,000 in operating and capital non-contract costs front funded by the
City, including accrued interest, by July 1, 1994. Each Member Agency may
repay its obligations in eight equal quarterly ins1allments beginning on July 1,
1994.
6) Provide that capacity rights currently held by the City and other Member
Agencies be guaranteed and provide for the establishment of future capacity
rights for the City and the Member Agencies by the District.
7) Provide that the transfer of the Metro System assets to the District and
assumption by the District of the City's obligations including the litigation
entitled USA vs City Q/ San Diefo, and for carrying out any consent decree or
court order resulting therefrom which effects the Metro System, the transfer
of the National Pollution Discharge Elimination Systems (NPDES) permits and
mandated compliance with the Clean Water Act shall occur, when the District
achieves a bond rating equivalent to, or greater than, the Sewer Revenue
Fund.
8) Provide that it is the City's intent to require each Participating Agency and
Later Participating Agency to pay its full fair share of all costs, plus interest,
incurred as a result of any interim or permanent order of the U. S. District
Court.
9) Direct the City Manager to immediately notify and advise all Participating and
Later Participating Agencies in writing of these policy positions of the San
Diego City Council and ask that they advise the San Diego City Council in
writing by June 20, 1994 of their decision whether to remain a member of the
District under the terms and conditions enumerated above.
10) Place on the June 21, 1994 San Diego City Council docket for Council
deliberation the question of whether the City of San Diego will continue as a
member of the District.
B. The City Manager recommends that the City Council adopt a resolution approving the
City's proposed MOU as contained in Attaclunent No.2 to this report. That document
fully incorporates the recommended policy positions detailed above.
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3
Other Recommendations: None.
Fiscal Impact:
The City has based all of its long term financing plans on the conservative assumption
that there is no District. The formation of the District is based upon the premise that
it is in the City's best financial interest to have a District, because each Member
Agency would pay its full fair share of all operating and capital costs. However. by
establishing the District, the City incurs additional administrative costs (the FY 1995
membership expense to the City is $1.5 million). Consistent with the Participating
Agencies and Later Participating Agencies agreements, it is the City's intent to
require each Participating Agency and Later Participating Agency to pay its full fair
share of all costs, plus interest, incurred as a result of any interim or permanent order
of the U.S. District Court.
~ODUCTION
In an attempt to resolve policy issues regarding District formation, the City Manager and
City Attorney presented a proposed Memorandum of Understanding detailing San Diego's
policy positions to the District staff and Board of Directors.
On April 22, 1994 the District Board gave direction to the District General Manager and
legal counsel to modify the Memorandum of Understanding to reflect the stated concerns of
various Member Agencies and return to the District Board with a consolidated document for
consideration at its next meeting.
This modified MOU, which is attached to this report, is scheduled for discussion at the
District Board meeting of May 27, 1994. City staff has prepared this report to summarize
the major differences between the City's position as originally presented to the District Board
and the modified MOU.
pACKGROUND
The City Council resolved to form a Governance Advisory Group (GAG) in December, 1989,
for the purpose of evaluating the form and governance of the Metropolitan Sewerage System
(Metro) in view of the substantial efforts to be undertaken under the Clean Water Program.
That body, with a single representative from each Metro Participating Agency, began its
work in February, 1990. Over the next three years the GAG commissioned studies regarding
form and governance, had the City's financial advisors advise them on financial implications
of the various possible configurations, decided on a Special Act District organizational form
and drafted successfully supported legislation that enabled the District to form on January
3, 1993. The formation of the District was founded upon the belief that the treatment of
wastewater to meet regulatory requirements was a regional issue which required a joint and
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collaborative effort by the City and all of its Member Agencies. While the City relinquished
sole ownership and control of the Metro system, the District would provide a joint forum for
decision making with the Member Agencies and was the most cost effective means of
financing the capital facilities.
The language contained in the legislation provided that, upon its passage, all agencies were
automatically members of the District (with the exception of EI Cajon) unless they exercised
their right to withdraw by January 1, 1994. Subsequently, the date of withdrawal was
extended until June 30, 1994 by mutual agreement between all of the agencies to provide
more time to resolve district formation issues. With that in mind, the District Board
established a Technical Advisory Committee (T AC) consisting of Metro Agency managers
to identify formation issues and make recommendations to the Board for action. These issues
are recited in a Memorandum of Understanding which has been the subject of negotiations
between the City and its Member Agencies.
DISCUSSION
Over the past several months City representatives have met with the representatives of the
Member Agencies, including technical, legal and financial staff, to determine if an agreement
was possible on issues which were of concern to both the City and the Member Agencies.
In light of the fact that the Council has established a June 30, 1994 end date for negotiation,
it is appropriate to return to Council and report areas which are yet to be resolved.
On July 13, 1993 the City Council approved the fundamental conditions under which the City
would join the District. By such action the City reaffirmed its position that participation in
the decision making process was predicated on full cost sharing of the Metro system
improvements required by the Clean Water Act and the District Court's decision in USA v.
Citv of San Diefo. It was also anticipated that Member Agencies would focus on their
fundamental issues and present them to the City which would stimulate discussion and
resolution of these matters.
The City's three fundamental issues as previously presented in City Manager's Report 93-216
and approved by the City Council on July 13, 1993 are:
I) Full cost sharing of all system costs both current and future (and
reimbursement of past costs fronted by the city on behalf of the Participating
Agencies);
2) Guaranteed capacity rights which are currently held by the City and other
Participating Agencies and provision for the establishment of future capacity
rights; and
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5
3) Transfer of the Metro System assets to the district and assumption by the
District of the City's obligations, including the transfer of the National
Pollution Discharge and Elimination Systems (NPDES) pennits and mandated
compliance with the Clean Water Act when the District achieves a bond rating
equivalent too, or greater than, the Sewer Revenue Fund.
After many meetings of the T AC and reports to the District Board to affinn their direction,
the modified MOU, prepared by the District's staff, contains policy positions which are
fundamentally contrary to those of the City, as well as other areas of concern which have
been developed during the negotiations with the Member Agencies staff.
Following are summaries of areas which are as yet unresolved and recommended positions.
1. ~~imburs~m~nt of Front Funded Costs
Since discussions began with the Member Agencies over five years ago the City has
been finn in its position that the Member Agencies should be willing to share the full
costs of a regional sewerage system if they wanted a share in the decision making
process. Anything less requires the City's ratepayers to bear an added financial
burden, one which they have been bearing since the program's inception.
The City has front funded costs which could have been passed on to the Member
Agencies under the current contract as well as costs which were not billable under the
current contracts (primarily water reclamation and expansion). The City decided with
the Member Agencies concurrence that until the design and costs of the program were
more certain, the City would front fund these costs. This also gave time for Member
Agencies to begin raising revenues in anticipation of these front funded costs being
billed to them.
The total cost to the Member Agencies is $13,062,000, including interest, consisting
of $2,981,000 billable under the current contracts and non-contract costs of
$10,081,000. The $2,981,000 in contract costs which are billable under the existing
agreements include interest costs of $2,822,000 and other offsetting credits. The
accrued interest costs are disputed by the Member Agencies because those costs could
have been billed by the City. The cost to the Member Agencies if accrued interest
is waived is approximately $159,000.
The modified MOU also proposes to pay one-half of the costs which are excluded
under the current contracts (non-eligible contract costs) of $10,081,000 by July I,
1995, or $5,041,000. The remaining one-half will be placed into a trust account to
be paid to the City mlh if the transfer of capital assets to the District occurs by July
1, 1996. If the transfer does not occur by that date the Member Agencies will be
refunded their proportionate share of the trust fund. The City has maintained its
position of full reimbursement of all current and future costs with the proviso that the
agencies could repay these costs over a period of time.
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Recommendation
I) The Member Agencies should repay $2,981,000 in operating and capital contract
costs, front funded by the City, less accrued interest and other credits of $2,822,000
by July I, 1994 for a total ofapproximately $159,000. 2) The Member Agencies
should repay $10,081,000 in operating and capital non-contract costs, front funded
by the City, including accrued interest, by July I, 1994. The Member Agencies may
repay these obligations in eight equal quarterly installments beginning on July I,
1994.
2. Transfer of Svstem Assets and Assumption of Liabilities
For the District to provide services on a regional basis, the assets and liabilities of the
Metro system will ultimately be transferred to the District. This should take place
when the:
a) Court permits the District to assume the defense of the lawsuit with the federal
government;
b) NPDES permits are transferred from the City to the District with Federal
approval;
c) District demonstrates the ability to operate the system and manage the capital
improvement planning, design and construction; and
d) District demonstrates the ability to gain access to the capital markets with a
bond rating equivalent to or greater than that on the bonds issued by the City
and either assumes or refinances the previously issued debt.
The Member Agencies have agreed to the above provisions but the modified MOU
incorporates a "drop dead" date of July I, 1996 which disbands the SDAWMD should
the foregoing conditions not be met at that time.
.
Considering that it will be some time before the District will be in a position to issue
bonds to either assume responsibility for or the construction of the system or to
assume or refinance the bonds issued by the City for the construction of the system
facilities, putting a deadline date in the modified MOUis both arbitrary and
unreasonable since the timing for meeting some of the conditions is not predictable
or controllable by the City or the Member Agencies.
RecommendatiQ!.l
The transfer of the Metro system assets and liabilities will occur when the specific
conditions as described are met.
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3. ~eimbursement for Prior Capacity Rilhts
The existing agreements with the Member Agencies are clear that the City is the
owner and operator of the Metro System facilities and the capacity charges paid by
the Agencies are to reserve capacity in the system for their current and future use.
Even so, some agencies expect to be compensated for excess capacity as a condition
of joining the District. There are 3 agencies with significant excess capacity, San
Diego, Chula Vista and National City. The City's original MOU included the
agreement reached by the T AC to reimburse all agencies with excess capacity who
desired reimbursement. The modified MOU now provides for reimbursement only for
the City of National City. .
The District also proposes to make National City's remaining annual capacity
payments for the excess capacity which are due to the City of San Diego from
National City of $278,343. Since the District's budget would include this amount and
the City's share of the budget is based on flow, or about 70% of the total budget it
may result in the City paying 70% of monies that are already owed to it unless
specific language is incorporated in the MOU which deducts such reimbursement in
the calculation of any charges to City ratepayers.
The modified MOU has also eliminated specific language which was intended by the
City to prevent the reimbursement of excess capacity to the detriment of the District's
long term financial solvency. The original language stated that reimbursement shall
be made by the SDA WMD from funds remaining after all operating and maintenance
expenses, debt service payment, financial reserves, including reserves for rate
stabilization, and outstanding obligations have been met for the current year and are
declared to be surplus by the SDA WMD Board after an appropriate analysis of the
financial solvency of the SDA WMD is performed. Such reimbursement shall be
secured on a subordinate basis to all outstanding debt of the SDA WMD.
Recommendation
I) The District should not reimburse for excess capacity unless the City also has the
option of being paid for its excess capacity. 2) The language in the MOU which was
included by the City to ensure reimbursement of capacity was not made to the
detriment of the District's financial solvency should be included. 3) Language should
be included in the MOU to exclude the City from bearing the cost of reimbursing a
Member Agency for capacity payments which are owed to the City under the original
agreements.
4. Payment for Reclaimed Water Facilities
The modified MOU proposes that the cost of producing reclaimed water should be
shared by the water user to the extent that there is beneficial reuse of the water. The
City's position is that the costs of production and transmission of reclaimed water
shall be paid by the sewer ratepayers since it is anticipated that any settlement in
compliance with state or federal law would include a reclaimed water component.
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Jlecommendation
All court ordered costs to meet compliance with state or federal law, including the
treatment and production of reclaimed water should be paid by all Member Agencies
on a fair share basis.
5. Audit
The modified MOU proposes an audit of the system facilities and also the method of
allocating the cost of the facilities which were billed to the Member Agencies. The
City has declined to pay for such an audit citing the City's own continuing audit
program and the annual audit program conducted by an outside independent Certified
Public Accounting firm. The City has historically provided extensive supporting
information and detail in compliance with the existing agreements. The modified
MOU proposal is for the agencies to pay for the audit, but any billing adjustments as
a result of the audit shall only benefit the Member Agencies.
Rf'Commendation The City should cooperate with the Member Agencies in providing
information they seek regarding allocation of costs which have been billed to them by
the City or in the alternative, may consult with the City to define additional audit
tasks to be performed by the City's independent auditor's during the annual audit to
focus on areas which concern the Member Agencies.
6. 'Jreatment of Tiiuana Sewaee
The City's original MOU stressed that the treatment of Tijuana sewage flowing across
the international border is a responsibility of the Federal Government. It further
provided that in the event the Federal Government fails to pay for any portion of the
costs associated with the transmission and treatment of any Mexican sewage crossing
the international border into San Diego County, the District will pay for those costs.
The modified MOU deletes this commitnient to pay, opting instead for the position
that after the transfer of the Metro facilities to the District that . the Board of
Directors will determine the policies with regard to the continued or emergency
treatment of Mexican sewage in the Regional System..
Rf'Commendation
The treatment of Tijuana Sewage is a regional as well as a national issue. The
District must accept responsibility for this matter and share in the costs of treatment
if the City is to realize its goal of full cost sharing of a regional sewerage system,
operated and financed by all of its constituent agencies.
,
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7. SDA WMD Operatine A2I'eement
At the direction of the SDA WMD Board the District General Manager has
incorporated in the modified MOU, beginning with Section VI, the District Master
Interagency Agreement (DMIA). The City has deferred the discussion of the DMIA
until the fundamental policy issues expressed by the Council were resolved and the
viability of the District was determined.
The DMIA addresses specific operating conditions subsequent to the establishment of
the SDA WMD such as billing and collections, additional non-Metro facilities to be
transferred, infiltration and inflow, among other operating provisions which have yet
to be fully analyzed and discussed by City staff. It is believed that inclusion of
operating details in this initial phase of the District formation only diverts resources
from focusing on the threshold policy issues identified by Council, which must be
resolved if the District is going to be a viable entity.
Recommendation
Resolve the fundamental policy issues prior to engaging in discussions on the
operating details.
8. ~uJtiple Species Conservation Plan lMSCP)
The modified MOU proposes language which reserves to the District Board the policy
determinations related to the allocation of MSCP costs to sewer users and others.
Recommendation
It is not appropriate to include matters related to the MSCP in the proposed MOU.
Respectfully submitted,
A:!:=CJ
Attachments: No. I Member Agencies Modified Memorandum of Understanding dated
May, 1994
No.2 City of San Diego's Proposed Memorandum of Understanding
*NOTE: The size of the attachment precludes general distribution,
copies may be viewed in the office of the City Clerk.
.'
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Attachment No. 1
Member Agencies Modified
Memorandum of Understanding
MEMORANDUM OF UNDERSTANDING SETTING
FORTH AND RESOLVING FUNDAMENTAL POLICY
ISSUES INVOLVED IN THE TRANSFER OF THE
METROPOLITAN SEWERAGE SYSTEM TO THE SAN
DIEGO AREA WASTEWATER MANAGEMENT
DISTRICT
AND
MASTER AGREEMENT PROVIDING CERTAIN TERMS
AND CONDITIONS OF DISTRICT OPERATIONS
May, 1994
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TABLE OF CONTENTS
Pa[Je No.
RECITALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
1.
. ,
TERM . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
,
,
II. DEFINITIONS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Ill. CITY OF SAN DIEGO ISSUES . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
A. COST SHARING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1. Front-Funded Costs ............................ 9
2. Completion of Deferred Construction Pursuant
to Sewage Disposal Agreements . . . . . . . . . . . . . . . . . .. 11
3. Operation and Maintenance of Regional
Transmission. Treatment. Disposal and
Water Reclamation Facilities.. . . . . . . . . . . . . . . . . . . .. 12
4. Repair. Replacement and Reconstruction ............. 13
5. Upgrade of Metro System Facilities and Construction
of Metro System Water Reclamation Facilities . . . . . . . . .. 14
6. Upgrade of Future Metro System Facilities . . . . . . . . . . .. 14
7. Expansion of Metro Svstem ..................... 15
B. CAPACITY RIGHTS ............................. 16
C. OBLIGATIONS TO THE CITY OF SAN DIEGO UPON
WITHDRAWAL FROM THE SDAWMD ................ 17
D. .TRANSFER............. . . . . . . . . . . . . . . . . . . . . .. 18
E. GOVERNANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20
1
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IV. DISTRICT ISSUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22
A. SEWER REVENUE FUND ......................... 22
B. RELEASE OF INFORMATION TQ FACILITATE
THE TRANSFER ............................... 22
C. FULL SERVICE DISTRICT. . . . . . . . . . . . . . . . . . . . . . . .. 22
V. PARTICIPATING AGENCIES' AND LATER PARTICIPATING
AGENCIES' ISSUES ................................. 23
A. WEIGHTED VOTE .............................. 23
B. CONFIGURATION OF FUTURE METRO SYSTEM AND
CONSTRUCTION SCHEDULES. .'. . . . . . . . . . . . . . . . . . " 23
C. AUDITS... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
D. INTERNATIONAL BORDER SEWAGE FLOWS ........... 25
E. MSCP . . . . . . . . . . . . . . . . . . . . . . . . . . .< . . . . . . . . . .. 25
VI. SDAWMD OPERATIONS AFTER THE TRANSFER. . . . . . . . . . . .. 25
A. DUTY TO SERVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26
B. WITHDRAWAL FROM SDAWMD ......... ....... . ... 26
C. SPECIAL STATUS OF SAN DIEGO COUNTY
WATER AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28
D. ANNEXATIONS TO A MEMBER AGENCY AND EXTRA-
TERRITORIAL SERVICE. . . . . . . . . . . . . . . . . . . . . . . . .. 29
E. 'RATES. FEES AND CHARGES. . . . . . . . . . . . . . . . . . . . .. 30
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F. INTERIM PROCEDURES FOR COLLECTION OF
REGIONAL SERVICE CHARGES AND PAYMENT
TO THE SDAWMD . . . . . . . . .......... .. .......... 31
1. Collect'ion of Regional Service Charges .............. 31
2. Payment to the SDA WMD . . . . . . . ~ . . . . . . . . . . . . .. 32
3. Delinquent Charges .......................... 32
4. SDA WMD Billing and Collection. . . . . . . . . . . . . . . . .. 32
5. Agreement to Modif'y Collection and Payment .
Procedures if Necessarv . . . . . . . . . . . . . . . . . . . . . . .. 33
G. PROCEDURES FOR COLLECTION OF
REGIONAL SYSTEM CONNECTION FEES .............. 33
H. CONTRACTING AGENCIES . . . . . . . . . . . . . . . . . . . . . . .. 34
1. NEW MEMBER AGENCIES ........................ 37
J. RECLAIMED WATER. . . . . . . . . . . . . . . . . . . . . . . . . . .. 37
K. SEWERAGE SYSTEM FACILITIES - TRANSFER
TO THE SDA WMD . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37
1. Existing Metro System Facilities .................. 37
2. Metro System Facilities Under Design or Construction. . . .. 38
3. Existing Non-Metro System Facilities ............... 39
L. RIGHTS OF WAY - JOINT USAGE WITH THE SDA WMD 40
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M. INFILTRATION/INFLOW CONTROLS AND
REPAIR OBLIGATIONS. . . . . . . . . . . . . . . . . . . . . . . . . .. 40
1. Flowmeters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 40
, ,
2. Restrictions on Excessive Inflow and Infiltration. . . . . . . " 41
3. Eliminating Excessive Inflow and Infiltration. . . . . . . . . .. 41
4. Annual Report ............................. 42
N. RULES AND REGULATIONS CONCERNING NON-INDUSTRIAL
USE OF LOCAL COLLECTION SYSTEMS .............. 43
O. REGIONAL SYSTEM INDUSTRIAL WASTE PROGRAM ..... 43
1. Industrial Waste Ordinance. . . . . . . . . . . . . . . . . . . . .. 43
2. Countv of San Diego ......................... 44
P. NOTICE." . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 44
Q. TIME OF THE ESSENCE . . . . . . . . . . . . . . . . . . . . . . . . .. 44
R. MODIFICATION OF AGREEMENT. . . . . . . . . . . . . . . . . .. 44
S. SEVERABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 45
T. ASSIGNMENTS OF GRANTS AND LOANS -
LEAD AGENCY DESIGNATION. . . . . . . . . . . . . . . . . . . .. 45
U. SUCCESSORS AND ASSIGNS . . . . . . . . . . . . . . . . . . . . . .. 46
V. INDEMNIFICATION. . . . . . . . . . . . . . . . . . . . :. . . . . . .. 46
W. . COUNTERPARTS. . . . . " . . . . . ... ............ " .. 47
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EXHIBIT "A"
EXHIBIT MB"
EXHIBIT "C"
EXHIBIT "D"
EXHIBITS
FY 1987-1994 Estimated Capital Improvement Program, Operations
and Maintenance, Grants and Interest Charges Allowable to the
Participating Agencies
Metropolitan Sewerage System Project Costs to Build-Out to
234 MGD Capacity
Formula for Allocating Upgrade Costs to Existing Users
Metropolitan Sewerage System Guaranteed Capacity Rights
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WHEREAS, the parties to this Memorandum of Understanding ("MOU") and
Master Agreement are the: City of Chula Vista, the City of Coronado, the City of El
Cajon, the City of Imperial Beach, the City of La Mesa, the Lemon Grove Sanitation
District, . the City of National City, the Spring Valley Sanitation District, collectively
referred to herein as the "Participating Agencies;" the City of Del Mar, the
Lakeside/Alpine Sanitation Districts, the Otay Water District, the Padre Dam Municipal
Water District, the City of Poway, the County of San Diego on behalf of the
Wintergardens Sewer Maintenance District, collectively referred to herein as the "Later
Participating Agencies;" the City of San Diego; the San Diego County Water Authority;
and the San Diego Area Wastewater Management District, referred to herein as the
"SDAWMD'" and
,
WHEREAS; the statute creating the SDA WMD became effective January I, 1993,
(Chapter 803 of the 1992 statutes, California Water Code Appendix, Section 113-101, et
seQ.) (the" Act") and the SDA WMD has been duly formed, organized and is doing
business; and
WHEREAS, Section 401 of the Act authorizes the SDA WMD to acquire rights and
assets, or assume obligations incurred, for the development and operation of sewage
treatment and related facilities; and
WHEREAS, the City of San Diego has legal title to operate a regional sewage
collection, tre'atment and disposal system serving the Greater San Diego Metropolitan
Area (the "Metro System") and has contracted with the Participating Agenc}es and Later
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Participating Agencies, to provide for sewage collection, treatment and disposal of their
sewage pursuant to contract ("Sewage Disposal Agreements"); and
WHEREAS, with the exception of the City of El Cajon, the boundaries of the
SDA WMD include all or portions of the corporate areas of the City of San Diego and the "
Participating Agencies and Later Participating Agencies; and
WHEREAS, the City of El Cajon intends to join the SDA WMD, and legislation
to effect a conforming change to the Act to allow the City of El Cajon to become a
member is being considered by the California State Legislature; and
WHEREAS, the City of San Diego, the SDA WMD, and the Participating Agencies
and Later Participating Agencies agree by signing this MOD and Master Agreement to
certain terms and conditions for the ilcquisition of the Metro System and bonded
indebtedness and transfer thereof from the City of San Diego to the SDA WMD (the
. .
"Transfer"), and for the extinguishment of the City of San Diego's obligations pursuant
to the Sewage Disposal Agreements after the Transfer; and
WHEREAS, the City of San Diego, the SDA WMD, and the Participating Agencies
and Later Participating Agencies agree by signing this MOD and Master Agreement to
memorialize the resolution of the major issues associated with this proposed Transfer and
further agree to the assumption of certain obligations and duties until the Transfer occurs;
and
WHEREAS, each of the parties to this MOD and Master Agreement is a local or
regional governmental entity functioning within the San Diego Metropolitan Area, and
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.
is represented on the Board of Directors of the SDA WMD; and
WHEREAS, each of the parties to this MOU and Master Agreement, with the
exception of the San Diego County Water Authority and the SDAWMD, presently
maintains and operates facilities for the collection treatment or discharge of wastewater;
and
,
,
WHEREAS, each of the parties to this MOU and Master Agreement through
official acts of its legislative body has recognized the need for coordinated regional
planning and development of wastewater collection, treatment, storage, disposal and reuse
systems within the San Diego Metropolitan Area. Each of the parties has accordingly
participated in the formation of the SDA WMD to provide regional wastewater and water
reclamation services within the San Diego Metropolitan Area; and
WHEREAS, in addition to the provisions of the Act, the parties wish to provide
for certain terms and conditions to guide SDA WMD operations.
NOW, THEREFORE, based on the foregoing facts and in consideration of the
mutual promises and covenants herein, the parties agree as follows:
I. TERM
This MOD and Master Agreement is effective June 30, 1994, and shall remain in
full force and effect until rescinded or terminated by written agreement of the parties.
The withdrawal of a Member Agency, from the SDA WMD shall not affect the term of
this MOD and Master Agreement.
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n. DEFINITIONS
In addition to the terms defined in the Recitals, the following terms have the
following meanings in this MOU and Master Agreement:
"
Annexation fee means a fee paid by potential new system users located outside the
SDA WMD to cover the administrative and technical costs associated with annexing
the potential new service area into the SDAWMD.
Betterment - See definition of Upgrade
Board or Board of Directors means the Board of Directors of the SDA WMD.
Connection fee means a fee paid by a new user of the Regional System for the
capital costs of capacity made available for its use, and any other costs as
determined by the Board of Directors in adopting connection fees.
Existing ratepayers means individual ratepayers, including ownersltenants of
residences, businesses, commercial, industrial and institutional/governmental
facilities that receive regional wastewater services from the Metro System through
. .
one of the Member Agencies of the SDA WMD as of the date of the Transfer.
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Flow or ADWF means average dry weather flow (ADWF).
Improvement - See definition of Upgrade.
"
Infiltration means water other than wastewater which enters a wastewater system
(including sewer service connections) through such means as defective pipes, pipe
joints, connections or manholes. Infiltration does not include inflow.
Inflow means water other than wastewater which enters a wastewater system
(including sewer service connections) from sources including, but not limited to,
roof leaders, cellar drains, yard drains, drains from wetlands, manhole covers, '
cross-connections between storm sewers and sanitary sewers, catch basins, cooling
towers, storm waters, surface runoff, street wash waters, or drainage. Inflow does
not include, and is distinguished from, infiltration.
Local Collection Systems means wastewater collection facilities owned and
operated by Member Agencies to collect wastewater from individual users and
deliver wastewater to the Regional System.
Local S~rvice Area means that area in 'which each Member Agency provides Local
Services.
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Local Services means all services provided by a Member Agency to collect and
convey wastewater to the Regional System:
Local Wastewate~ Facilities means wastewater treatment and reuse/disposal
facilities owned and operated by Member Agencies which meet local wastewater
needs within a Local Service Area rather than regional wastewater needs.
Examples within the SDA WMD service area include the I-million gallon per day
(1 MGD) Santee Lakes water reclamation plant owned and operated by the Padre
Dam Municipal Water District and the I-MGD Jamacha water reclamation plant
owned and operated by Otay Water District.
"
Member .A. gency means: the City of Chula Vista; the City of Coronado; the City
of Del Mar; the City of EI Cajon; the City of Imperial Beach; the City of La
Mesa; the Lemon Grove Sanitation District; the City of National City; the City of
Poway; the City of San Diego; the County of San Diego on behalf of the
Wintergardens Sewer Maintenance District; the Alpine Sanitation District; the
Lakeside Sanitation District, the Spring Valley Sanitation District; the Otay Water
District; and the Padre Dam Municipal Water District.
Metro System Water Reclamation Facilities means all Capital Improvement
Projects and operations and maintenance costs associated with the production and
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transmission of reclaimed water, and does not mean capital Improvement Projects
associated with local distribution of reclaimed water, nor the portion of the
production and transmission facilities which may be deemed to benefit the water
supply as differentiated from meeting wastewater treatment and disposal
objectives.
Regional Service Charge means a charge levied on a non-industrial user of the
Regional System, which includes a user fee to fully recover the costs of operations
and maintenance (including Replacement) of facilities, and may include the costs
of debt service and maintaining capital reserves, and other costs as may be
approved by the Board of Directors in adopting the Regional Service Charge.
Regional System means the Metro System, including the NPDES Permit, that is
transferred by the City of San Diego to the SDA WMD, plus those facilities,
interests in real property and permits, transferred to, acquired by or issued to the
SDA WMD after the Transfer.
Rehabilitation means extraordinary expenditures for obtaining and installing
_ equipment, accessories or appurtenances which extend the service life and/or
- -
improve the efficiency of conveyance, treatment and/or disposal/reuse facilities as
originally designed. Rehabilitation costs are considered capital outlays, and are
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paid by existing ratepayers unless the rehabilitation project results in expanded
capacity in the facility, the proportionate costs of which will be paid by new
system users via connection fees.
, '
Replacement means expenditures for obtaining and insta1Jing equipment,
accessories or appurtenances which are necessary during the service life of
conveyance, treatment and/or disposallreuse facilities to maintain the capacity and
performance for which such works were designed and constructed. The term
"operations and maintenance (0 & M)" includes replacement.
Special Status Member Agency means the San Diego County Water Authority.
The Authority is the only Member Agency of the SDA WMD that does not
generate wastewater flow, and whose membership in the SDA WMD is solely for
the purpose of providing expertise and advice on water reclamation and recycling
issues affecting the SDA WMD.
Strength means a measure of the pollutants in the wastewater.
Upl?rade means those improvements to the original design of the Metro System
with a capacity of234 MGD, which are required by prudent management practice,
court orders, regulatory agencies or consent decrees; are necessary in order to
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comply with the National Pollutant Discharge Elimination System ("N~DES")
permits issued to the City of San Diego or the SDA WMD; and/or are required in
order for 'the City of San Diego or SDA Y'MD to comply with applicable laws,
ruies, and regulations. Upgrade includes "betterments" and "improvements."
,
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III. CITY OF SAN DIEGO ISSUES
A. COST SHARING
1. Front-Funded Costs
(a) Each Participating Agency and Later Participating Agency shall pay
the City of San Diego its proportionate share of the costs front-funded, including interest
on non-contract costs and excluding interest on contract costs, by the City of San Diego,
between July I, 1986 and June 30, 1994, for Metro System Water Reclamation Facilities
and Metro System capital improvement 'projects for expansion of the Metro System
capacity above 234 millions of gallons per day ("MGD").
(b) The proportionate share of these front-funded costs for each
Participating Agency and Later Participating Agency shall be determined by the
respective sewage flows of each Participating Agency and,Later Participating Agency into
the Metro System, as set forth in Exhibit A attached Iiereto and by this reference made
a part hereof.
(c) All front-funded contract costs, excluding interest thereon, shall be
repaid to the City of San Diego by July I, 1994.
(d) Except as provided in subsections (iii) and (iv) herein and subject to
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audit as provided in Section V.C., all front-funded non-contract costs shall be repaid to
the City of San Diego by July 1, 1996.
(i) Each Participating Agency and Later Participating Agency may
repay all of its front-funded non-contract costs on July 1, 1994, or may elect to repay the
City of San Diego in eight (8) equal installments (hereinafter "8 Payment Plan"): Each
installment shall include an interest rate equal to the City of San Diego's then current
investment rate of return. The first installment shall be due July 1, 1994. An election
to repay under an 8 Payment Plan shall be communicated iil writing to the City of San
Diego promptly after execution of this MOU and Master Agreement.
(ii) A Participating Agency's or Later Participating Agency's
8 Payment Plan may include its proportionate share of the estimated May 1994 debt .
service associated with" non-COntract costs" as referenced in Exhibit A. 'The Participating
Agency or Later Participating Agency shall continue to be responsible for making its
estimated May 1994 debt service payment on May 1, 1994, for costs associated with
"contract costs" as referenced in Exhibit A.
(iii) If the Transfer does not occur on or before July 1, 1995, each
Participating and Later Participating Agency electing an 8 Payment Plan may deposit its
payments due under its respective 8 Payment Plan into an interest bearing escrow account
maintained by the SDA WMD in a federally insured financial institution.
".
.(iv) If the Transfer occurs on or before July 1, 1996, the funds on
deposit in the escrow account shall be distributed with accrued interest tQ the City of San
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Diego. Except as provided in (v) below, if the Transfer does not occur by July 1, 1996,
the funds on deposit in the escrow account shall be" returned with accrued interest on a
pro rata basis to each Participating and Later Participating Agency. Distributions
. .
required hereunder from the escrow account shall be made promptly by the SDA WMD
, '
upon the date of Transfer, or on July 2, 1996, whichever occurs first.
(v) If the Transfer does not occur on or before July 1, 1996,
because the conditions set forth in Section III D.2. have not been achieved, the funds on
deposit in the escrow account shall be distributed with accrued interest to the City of San
Diego on July 2, 1996.
2. Completion of Deferred Construction Pursuant to Sewa~e Disposal
Agreements
(a) All costs' associated with completing the deferred construction projects
of the Metro System shall be paid by the City of San Diego, the Lakeside/Alpine
Sanitation Districts, the Padre Dam Municipal Water District, the City of Po way, and the
Wintergardens Sewer Maintenance District in fulfillment of their obligations pursuant to
the terms of their respective Sewage Disposal Agreements, and as more fully set forth
in Exhibit B attached hereto and by this reference made a part hereof.
(b) These deferred construction projects are in completion of the original
design criteria of the Metro System to provide certain transmission, primary treatment,
and disposal facilities as more fully set forth in the referenced Sewage Disposal
Agreements and result in an ultimate sewage treatment capacity of 234 MGD for the
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Metro System.
3. Operation and Maintenance of Regional Transmission. Treatment. Disposal
and Water Reclamation Facilities
(a) Until the Transfer occurs, eac~ Participating Agency and Later
Participating Agency shall continue to pay the City of San Diego its proportionate share
of all costs associated with operation and maintenance of Metro System tra!lsmission,
treatment; and disposal facilities in fulfillment of its obligations pursuant to the terms of
its respective Sewage Disposal Agreement.
(b) Beginning July I, 1994, and until the Transfer occurs, .each
Participating Agency and Later Participating agency shall pay to the City of San Diego
its proportionate share of all costs associated with the operation and maintenance of Metro
System Water Reclamation Facilities. The proportionate share of these costs for each
Participating Agency and Later Participating Agency shall be determined on the basis of
the respective sewage flows of each Participating Agency and Later Participating Agency
into the Metro System.
(c) After the Transfer, all costs associated with the operation and
maintenance of Metro System transmission, treatment, and disposal, including operating
and maintenance costs for Metro System Water Reclamation Facilities, shall be included
within the uniform district-wide user fee ("Regional Service Charge") that shall be levied
upon all ratepayers of the SDA WMD. The user fee shall be based upon flow, suspended
solids, and/or other wastewater quality characteristics.
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(d) Notwithstanding the provisions of Section III.A.3.(c) of this MOU
and Master Agreement, after the Transfer customized service charges shall be determined
for any. ratepayer who resides in the corporate area of a Participating Agency or Later
"
Participating Agency which treats a portion of its own wastewater flow.
(e) Notwithstanding the provisions of Section III.A.3.(c) of this MOU
and Master Agreement, after the Transfer any resident or property owner within the
corporate boundaries of the ~DA WMD whose wastewater flow is not discharged into or
treated by the Regional System shall not be subject to the Regional Service Charge.
4. Repair. Replacement and Reconstruction
(a) Until the Transfer occurs, each Participating Agency and Later
Participating Agency shall continue to pay the City of San Diego its proportionate share
of all costs associated with repair, replacement, and reconstruction of Metro System
facilities in fulfillment of its obligations pursuant to the terms of its respective Sewage
Disposal Agreement.
(b) After the Transfer, all costs associated with repair, replacement and
reconstruction of Metro System facilities shall be included within the uniform District-
wide user fee ("Regional Service Charge") referenced in Section III.A.3.(c) that shall be
levied upon all ratepayers of the SDA WMD.
5. Upgrade of Metro System Facilities and Construction of Metro Svstem
"Water Reclamation Facilities
(a) Beginning July 1, 1994, and until the Transfer occurs, each
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Participating Agency and Later Participating Agency shall pay to the City of San Diego
its proportionate share of all costs associated with th~ upgrade of Metro System Facilities,
including the construction of Metro System Water Reclamation Facilities. Except that
if a Participating or Later Participating Agency withdraws from the SDA WMD prior to
the Transfer, its obligations to the City of San Diego shall be as described in Section III.
C.
(b) The proportionate share of all costs associated with the upgrade of
Metro System Facilities and Metro System Water Reclamation Facilities for each
Participating Agency and Later Participating Agency shall be determined on the basis of
the respective sewage flows of each Participating Agency and Later Participating Agency
into the Metro System. The parties to this MOD and Master Agreement agree that the
cost allocations for upgrade of the Metro System Facilities and construction of Metro
System Water Reclamation Facilities contained in this MOD and Master Agreement
supersede their obligations for payments for "New Construction" as set forth in their
respective Sewage Disposal Agreements.
6. Upgrade of Future Metro System Facilities
(a) After the Transfer, all costs associated with upgrading Metro System
facilities, including advanced primary treatment and water reclamation, shall be allocated
to future users on the ratio that the increase in total" sewage flows as of July 1, 1994,
bears to the prevailing total Metro System capacity, not to exceed the capacity provided
for by the deferred construction projects described in Section III.A.2.(a). The formula
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to be used to calculate the allocation of these costs is set forth in Exhibit C attached
hereto and by this reference made a part hereof.
(b) After the Transfer, these costs shall be included in a connection fee
to be levied on individual connections to the Regional System.
(i) To the extent connection charges are insufficient to provide for
the upgrade of future facilities, user fees as referenced in Section III.A.3.(c) shall be used
to provide initial funding.
(ii) The subsequent collection of connection charges shall be used
to fully repay, including interest, the previously advanced user fees.
7. Expansion of Metro System
(a) Beginning July 1, 1994, and until the Transfer occurs, each
Participating Agency and Later Participating Agency shall pay to the City of San Diego
its proportionate share of all costs associated with the expansion of the Metro System
beyond a capacity of 234 MGD. The proportionate share of these costs for each
Participating Agency and Later Participating Agency shall be determined on the basis of
the respective sewage flows of each Participating Agency and Later Participating Agency
into the Metro System.
(b) After the Transfer, all costs associated with the expansion of Metro
System facilities beyond a capacity of 234 MGD shall be included in a connection fee to
be levied on individual connections to the Regional System.
(i) To the extent connection charges are insufficient to provide for
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the expansion of the Regional System, user fees as referenced in Section m.A.3.(c) shall
be used to provide initial funding.
(ii) The subsequent collection of connection charges shall be used
"
to fully repay, including interest, the previously advanced user fees.
B. CAPACITY RIGHTS
1. After the Transfer, the City of San Diego and the Participating Agencies and
Later Participating Agencies shall have guaranteed capacity rights up to a total of 234
MGD in the Metro System as currently provided for in their respective Sewage Disposal
Agreements, and as more fully set forth in Exhibit D attached hereto and by this
reference made a part hereof.
2. Until the Transfer occurs, the rights of the City of San Diego and each'
Participating Agency and Later Participating Agency to dispose of excess capacity under
the Sewage Disposal Agreements shall remain in full force and effect.
3. After the Transfer the City of National City shall be reimbursed by the
SDA WMD for 3 MGD excess capacity for $972,644 which represents the sum National
City has paid for the 3 MGD excess capacity over the past 30 years (Fiscal Years 1964-
1994) including interest at approximately 4 114 percent. The remaining balance to be
paid for the 3 MGD excess capacity through National City's annual capacity to the City
of San Diego for Fiscal Years 1995-2003 is $278,343. SDAWMD will assume
responsibility for that remaining balance. The conditions of repayment are to be
approved by bond counsel. with the objective of making the repayment as soon as possible
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after SDA WMD has established a revenue base.
4. After the Transfer, each Participating Agency and Later Participating
Agency shall be required to continue to make annual capacity payments to The City of
"
San Diego as set forth in its respective Sewage Disposal Agreement.
5. The City of San Diego shall not be required to purchase or otherwise make
provision for the excess capacity of any Participating Agency or Later Participating
Agency.
6. The SDA WMD shall guarantee to The City of San Diego and each
Participating Agency and Later Participating Agency that there will be sufficient capacity
in the System to meet the needs of The City of San Diego and each Participating Agency
and Later Participating Agency.
C. OBLIGATIONS TO THE CITY OF SAN DIEGO UPON WITHDRAWAL
FROM THE SDAWMD.
1. In the event a Participating Agency or Later Participating Agency withdraws
from the SDA WMD after July 1, 1994, ~nd prior to the Transfer, the Participating
Agency or Later Participating Agency shall pay to The City of San Diego its
proportionate share of all costs, including bonded indebtedness, incurred by The City of
San Diego for the maintenance, operation, repair, replacement, reconstruction, upgrade,
and expansion of the Metro System prior to the Participating Agency's or Later
Participating Agency's withdrawal. For the purpose of this MOU and Master Agreem~nt,
"costs incurred" means payments which have been made or contractual obligations which
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have been entered into for which future payments. must be made. The Participating
Agency's or Later Participating Agency's proportionate share of these costs shall be
determined on the basis of its respective sewage flow into the Metro System.
2. In the event a Participating Agency or Later Participating Agency withdraws
from the SDAWMD after July 1, 1994, and prior to the Transfer, after its withdrawal
the Participating Agency or Later Participating Agency shall be obligated to the City of
San Diego for the following:
(a) its proportionate share, as determined by its respective sewage flow
into the Metro System, of any bonded indebtedness incurred by the City of San Diego
prior to the Participating Agency's or Later Participating Agency's withdrawal;
(b) all costs it is obligated to pay pursuant to its respective Sewage
Disposal Agreement.
3. The foregoing provisions of this Section III.C. do not modify or affect the
provisions of Section 703 of the Act, and do not govern the obligations that may be owed
by the City of San Diego, a Participating Agency, a Later Participating Agency, or their
ratepayers, to the SDA WMD as a condition of receiving services from the SDA WMD.
D. TRANSFER
1. The parties to this MOU and Master Agreement agree to cooperate to
facilitate the Transfer.
2. Transfer of the Metro System assets and liabilities to the SDA WMD,
assignment of existing rights and delegation of duties of a1l parties under the Sewage
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Disposal Agreements, except as otherwise provided in this MOU and Master Agreement,
and assumption by the SDA WMD of the City of Sail Diego's obligations with respect to
wastewater collection, treatment, and disposal (with the express written consent of the
"
Participating Agencies and Later Participating Agencies duly authorized by an action of
the appropriate governing body), including the transfer of the National Pollution
Discharge Elimination System ("NPDES") permits and Clean Water Act compliance
mandates (if any), shall not occur until the following conditions have been satisfied:
(a) The City of San Diego and the SDA WMD shall be bound to be in
compliance with the "Master Installment Purchase Agreement by and between The City
of San Diego and the Public Facilities Financing Authority of the City of San Diego"
("Master Installment Purchase Agreement") dated as of September 1, 1993, and/or any
arr.endments or supplements thereto, by the "Trustee" which is acting pursuant to "Issuing.
Instruments" as defined in the Master Installment Purchase Agreement. The option to
defease the Public Facilities Financing Authority of the City of San Diego Sewer Revenue
Bonds, Series 1993, pursuant to Section 6.20(f) of the Master InstalJment Agreement, or
any other bonds issued for the Metro System by the Public Facilities Financing Authority
of The City of San Diego, prior to the Transfer, shalJ not be exercised unless such
defeasance would be economically favorable to The City of San Diego, the Participating
. .
Agencies, the Later Participating Agencies, and the SDA WMD.
(b) The Board of Directors agrees to assume responsibility for the
litigation entitled United States of America. et at v. City of San Dieg:o (Case No. 88-
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'1l01-B (lEG)), and for carrying out any consent decree or court orderresulting therefrom
which affects the Metro System.
(c) The Board of Directors approves the transfer of and assumes
responsibility for all permits affecting the Metro System, including but not limited to
NPDES permits, and the appropriate regulatory agencies approve such transfer.
3. The City of San Diego, the SDA WMD, and the Participating Agencies and
Later Participating Agencies agree that the Transfer dates set forth below in Section lILE.
of this MOD and Master Agreement are not binding on the parties and that no Transfer
of The City of San Diego's Metro System assets and Metropolitan Wastewater'
Department to the SDA WMD will occur until the conditions set forth above in Section
IILD.2. have been achieved.
4. The assets and liabilities to be transferred to the SDA WMD shall be defined
further in a separate agreement between The City of San Diego and the SDA WMD.
5. In the event the Transfer does not occur by July 1, 1996, The City of San
Diego and each Participating and Later Participating Agency shall take whatever measures
are necessary to dissolve the SDA WMD. After the SDA WMD has been dissolved, each
Participating Agency and Later Participating Agency shall have the right to resume its
contractual relationship with The City of San'Diego pursuant to its respective Sewage
Disposal Agreement with all rights and duties thereto.
. E. GOVERt"lANCE
1. The SDA WMD, as authorized by the Act, intends to become the agency
responsible for regional operation of a wastewater transmission, treatment and disposal
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system in the Greater San Diego Metropolitan area as .soon as possible.
2. The parties to this MOU and Master Agreement agree to use their best
efforts to achieve the following target dates to realize the goals set forth above:
(a) December 31. 1994 - completion of and final approval by The City
of San Diego and the SDA WMD of an agreement defining assets and liabilities to be
included in the Transfer, or otherwise providing for the details of the Transfer.
(b) July 1. 1994 to June 30. 1995 - or until the Transfer occurs, The City
of San Diego shall consult with, receive, and consider recommendations from the Board
of Directors on those matters of budget, bond issue, financing, planning, engineering,
design, construction, and operations of the Metro System that require the approval of the.
San Diego City Council. Such consultations and recommendations shall occur in the
normal course of business for The City of San Diego and shall not impair the City of San , ..
Diego's ability to timely respond to regulatory and court imposed mandates and deadlines,
or to meet any contractual obligations. San Diego City Council Agenda Reports
regarding the Metro System shall state the Board of Directors' recommendation, if any,
on action items before the San Diego City CounciL The parties to this MOU and Master
Agreement agree that The City of San Diego is not obligated to delay the preparation of
any report to the San Diego City Council if a Board of Directors' recommendation has
not been received at the time a report is finalized. . Issues relating to City personnel
relationships (hiring; dismissals, transfers, working conditions, benefits, etc.) shall remain
"
the sole responsibility of The City of San Diego.
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(c) July I. 1995 - Transfer of The City of San Diego's Metro System
assets and Metropolitan Wastewater Department to the SDAWMD.
IV. DISTRICT ISSUES
A. SE'\VER REVENUE FUND
Beginning July I, 1994, The City of San Diego shall separately identify for
budgeting purposes the portion of sewer revenues collected by The City of San Diego
which are allocated to the Metropolitan Wastewater Department.
B. RELEASE OF Il\'FORMATION TO FACILITATE THE TRANSFER
Beginning July I, 1994, The City of San Diego shall disclose to the
SDA WMD staff and General Counsel all public records relating to contracts, personnel,
permits, revenues and expenses, 'funds and finances, and litigation affecting .the Metro
System. All other documents or information relating to the above-referenced items which
are not public records may be released to the SDA WMD staff or its General Counsel if
approved for release by the San Diego City Manager, the San Diego City Attorney, and
for matters concerning litigation, the San Diego City Council.
C. FULL SERVICE DISTRICT
All parties recognize that the SDA WMD will be a full service district with
all major work force groups being SDA WMD employees.
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V. PARTICIPATING AGENCIES' AND LATER"
PARTICIPATING AGENCIES' ISSUES
A. WEIGHTED VOTE
1. The City of San Diego and, the Participating Agencies and Later , '
Participating Agencies agree that any change to the weighted voting method as set forth
in Sections 314,315 and 316 of the Act shall be resolved by the Board of Directors with
the express approval of The City of San Diego, the Participating Agencies nd the Later
Participating Agencies, and their respective governing bodies. '
2. Any change to the weighted voting method shall be accomplished by a
conforming change to the Act and approved by the California State Legislature.
B.
CONFIGURATION OF FUTURE l\1ETRO SYSTEM AND
CONSTRUCTION SCHEDULES
"
1. The City of San Diego, the Participating Agencies, and the Later
Participating Agencies, and the SDA WMD acknowledge and understand that the
configuration of the Metro System's regional treatment plants and the schedule for
constructing those plants shall be established by the outcome of the litigation entitled
United States of America. et at v. City of San Dieg:o (Case No. 88-1101-B (IEG)).~
this process, consideration shall be given to accelerating construction of Reclamation
Facilities in the South Bay ~
2. The City of San Diego, the Participating Agencies, the Later Participating
Agencies, and'the SpA WMD agree that the configuration of the Metro System'sregional
collection and pumping system may be altered at a later date, upon the recommendation
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of the SDA WMD Technical Advisory Committee, and approval of the Board of Directors
and pursuant to separate agreements between The City of San Diego and the SDA WMD.
C.
AUDITS
1. Subject to the approval of the Board of Directors, the following audits may
be conducted:
, ,
(a) An audit of Metro System financing (to be conducted prior to the
Transfer);
(b) An audit of non-contract front funded costs in Exhibit . A .;
(c) An audit of build-out costs in Exhibit "B".
2. When an audit is conducted, each Participating Agency and Later
Participating Agency shall pay its proportionate share of all" costs associated with the
audit. The City of San Diego agrees to provide all information necessary to conduct the
audit, but shall not be responsible for paying any of the costs associated with the above-
described audits.
3. Adjustments in billings or allocations, if any, due to an audit, shall be
downward, or to the benefit of the Participating or Later Participating Agencies. In the
event of a dispute over the audit results, and the dispute is not resolved after good faith
negotiations, the City of San Diego, a Participating Agency, a Later Participating
Agency, or the SDA WMD may submit the matter to arbitration with the American
Arbitration Association under its rules of commercial arbitration. Such submission to
arbitration shall be binding on all the parties, who shall share equally, pro rata in the
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costs of the arbitration. The arbitration decision shall be final and binding on all parties.
D. INTERNATIQNAL BORDER SEWAGE FLOWS
1. The environmental and health problems created by sewage flows originating
. "
in Mexico and crossing the international border into San Diego County, California, shall
be recognized by The City of San Diego, the Participating Agencies, and Later
Participating Agencies, and the SDA WMD as a regional problem.
2. The SDA WMD shall use all available resources to work with the Federal
Government to assure that the Federal Government assumes responsibility and meets its
obligations for the transmission and treatment of the Mexican sewage flows crossing the
international border into San Diego County.
3. After the Transfer, the Board of Directors will determine the policies with
regard to the continued or emergency treatment of Mexican sewage in the Regional ""'
System.
E. MSCP
The allocation of MSCP (Multiple Species Conservation Program) costs to sewer
users and others shall be clarified for purposes of policy review by the Board of
Directors.
VI. SDAWMD OPERATIONS AITER TIIE TRANSFER
Except where specified otherwise, the following provisions apply after the
'.
Transfer:
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A. DUTY TO SERVE
1. The SDA WMD shall provide sufficient wastewater capacity at all times in
the Regional System to ensure that all Member Agencies can accommodate the growth
projections and land use development levels established and approved in their respective "
General Plans, or Master Plans, whichever is applicable.
2. To ensure that sufficient capacity is planned, designed and constructed, at
least every five years the SDA WMD shall prepare a Master Plan of Facilities and Best
Management Practices ("Master Plan"). This Master Plan will:
-establish Flow and strength coefficients for specific land use categories;
-estimate Flows and strengths over at least a thirty-year planning horizon;
-plan regional wastewater facilities and best management practices (water
conservation, reclamation and recycling programs, infiltration/inflow reduction
programs, etc.) based upon the flow and strength estimates;
-prepare required environmental documentation in support of the Master Plan; and
-prepare a comprehensive, detailed financial plan to provide the capital and
operating revenues required to execute the Master Plan.
B. WITHDRAWAL FROM SDA WMD
1. A Member Agency may withdraw its corporate area from the boundaries
of the SDA WMD if the Member Agency's legislative body declares by resolution the
Member Agency's' intent to withdraw as of a date certain, and a copy of the resoiution
of intent to withdraw is sent to the SDA WMD's General Manager. If the effective date
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of the withdrawal is not specified in the resolution, withdrawal will be deemed effective
thirty (30) days after the resolution was adopted.' If withdrawal OCcurs prior to the
Transfer or prior to the SDA WMD issuing, incurring, or assuming any debt, such
"
withdrawal shall be without penalty, and a withdrawing Member Agency shall only be
liable to SDA WMD for its share of the SDA WMD budget for the fiscal year in which
withdrawal occurs.
2. If a Member Agency wishes to withdraw from the SDA WMD after the
Transfer or after bonds are issued by the SDA WMD, or indebtedness is incurred or
assumed by the SDA WMD, the ratepayers of the Member Agency's corporate area, or
the Member Agency, whichever is applicable, shall continue to pay their (its)
proportionate share of debt payments on SDA WMD debt obligations issued, incurred, or
assumed by the SDA WMD prior to the Member Agency's withdrawal.
3. On the effective date of withdrawal, a Member Agency (as a Member
Agency) shall cease to have any rights or obligations under Section VI of this MOU and
Master Agreement, except it shall continue to be bound by executory obligations herein
and by its obligations in this MOU and Master Agreement as a Participating or Later
Participating Agency.
4. On the effective date of withdrawal, a Member Agency shall lose all rights
to be represented on the Board of Directors, except that the County of San Diego shall
continue to be represented on the Board of Directors as long as either the Wintergardens
Sewer Maintenance District, the Alpine Sanitation District, the Lakeside Sanitation
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District, or the Spring Valley Sanitation District have not withdrawn from the
SDA WMD.
C. SPECIAL STATUS OF SAN DIEGO COUNTY WATER AUTHORITY
. . \\
As Special Status Member Agency, the San Diego County Water Authority shall
not be liable for any of the following:
1. Fees, rates, charges or taxes levied by the SDA WMD for the transportation
of treatment of wastewater, and/or in support of SDA WMD operations, and/or its capital
improvement projects.
2. Any financial obligation for the maintenance and operation of the
SDA WMD .
3. Payment/repayment of City of San Diego Metropolitan Sewerage System
installment purchase/debt obligations and front-funded costs as defined in this MOU and
Master Agreement.
4. Debt obligations incurred by the SDA WMD on its own behalf.
5. Performance of the SDA WMD with regard to any state or federal discharge
permits or compliance with any local, state or federal law or statute affecting District
operations. As a Special Status Member Agency, the San Diego County Water Authority
shall not be a joint holder of the SDA WMD's National Pollutant Discharge Elimination
System (NPDES) permit.
6. The condition of any physical facility or equipment currently held by the
SDA WMD or transferre? to the SDA WMD by any member agency.
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7. Any liability, obligation, or penalty incurred Of assumed as a result of
JJnited States of America and State of California v. City of San Diego, as filed in the
United States District Court, Southern District of California, Civil Case No. 88-1101-B.
D. AN'JI,'EXATIONS TO A MEMBER AGENCY AND EXTRA-TERRITORIAL
SERVICE
\ '
I. Except as provided in Section J for Contracting Agencies, if an area is not
within the boundaries of the SDA WMD, no Local Services shall be provided to that area
by a Member Agency if wastewater from the area is to be delivered to and processed by
the SDA WMD until the area has been annexed to the Member Agency in accordance with
the Act, or until the Board of Directors consents to provide extra-territorial service to the
area. If the area is within the Local Service Area of another Member Agency, that
Membe.r's written consent shall be required prior to annexation or prior to the Board of
Directors' action on the request for extra-territorial service. If approved by the Board
of Directors, extra-territorial service shall be provided by contract in accordance with
terms and conditions established by the Board of Directors. Except for temporary.
services approved by the Board of Directors, the cost of SDA WMD services provided
to ratepayers of an area receiving extra-territorial service shall not be less than the
SDA WMD cost of services for a similarly situated ratepayer of a Member Agency.
2. Areas which are annexed to a Member Agency's corporate area In
accordance with the Act shall be subject to annexation fees and other fees and charges as
established by the Board of Directors.
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3. The provisions of subsections 1 and 2 above impose no obligation on the
SDA WMD to support an annexation to a Member Agency or to agree to extra-territorial
service. The SDA WMD specifically reserves the right, in its reasonable discretion, to
, '
oppose or to refuse to consent to annexations or extra-territorial service if the probable
effect of such annexation or extra-territorial service would be to materially impair the
SDA WMD's ability to serve existing and future ratepayers of the Member Agencies of
the SDA WMD.
E. RATES. FEES AND CHARGES
1. The SDA WMD's costs of providing regional wastewater services to similar
classes or categories of ratepayers shall be determined without regard to the geographic
location of the ratepayer within the SDA WMD.
2. The SDA WMD's costs of providing regional wastewater services shall be
primarily recovered through the levy and collection of Regional Service Charges,
connection fees and other rates and charges as determined and established on an annual
basis by the Board of Directors.
3. Except as may be approved by the Board of Directors and an applicable
Member Agency, revenues from the SDA WMD's fees, rates and charges for regional
wastewater services shall not be used for the acquisition, construction, repair,
maintenance or operation of Local Collection Systems.
4. Prior to the Transfer, the SDA WMD shall, in accordance with law and' with
the intent expressed in the provisions of this MOU and Master Agreement, formulate and
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~dopt a schedule of SDA WMD f~s, rates and charges, specifying the classes or
categories of system users and providing a rate or rates for each such class or category
of user.
F.
INTERIM PROCEDURES FOR COLLECTION OF REGIONAL SERVICE
~HARGES~~PAYNffiNTTOTHESDAWMD
\,
1. Collection of Re~ional Service Charges
Except as provided in subsection 4, for three years from the effective date
of the SDA WMD's regional rates, fees and charges, or for such additional period as may
be agreed to by the parties, the Member Agencies shall collect the Regional Service
Charge. Each Member Agency shall periodically bill and use reasonable efforts to collect
the Regional Service Charge from each of its non-industrial users of SDA WMD's
services within its corporate area.
(a) The Regional Service Charge may be collected with the rates, tolls
and charges for:
(i) Local Services,
(ii) Any other utility operated by the Member Agency.
(b) If the Regional Service Charge is collected by a Member Agency
with the rates, tolls and charge~ of another utility operated by the Member Agency, the
Regional Service Charge shall be shown separately on the billing, and shall not be
combined with any other rate, toll or charge appearing on the billing. Adequate rec.ords
shall be maintained by all Member Agencies to permit ready, separate identification of
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SDA WMD charges, amounts received, and payments made to the SDA WMD.
2. Payment to the SDA WMD
Not later than sixty (60) days fol1owing the date of each regular periodic
. .
billing of a Member Agency, that Agency shall pay to the SDA WMD a sum that equals
the total of all Regional Service Charges that were included or should have been included
in said billing. Payments shall be accompanied with a summary identification by billing
categories. Detailed account identification may r~main with the Member Agency. A
report shall be submitted to the SDA WMD at least annually reconciling billings to users
with payments made to the SDA WMD. Each Member Agency agrees to absorb
administrative costs incidental to collection of the Regional Service Charge. Member
Agencies shal1 not bill the SDA WMD for such administrative costs, nor deduct such costs
from revenues due the SDAWMD.
3. Delinquent Charl!es
Member Agencies shall use al1 reasonable efforts to col1ect delinquent
Re"gional Service Charges. The SDA WMD shall pay administrative costs of a Member
Agency incidental to the collection of delinquent charges up to a maximum of2% of such
charges and administrative costs attributable to such debts.
4. SDA WMD Billing and Col1ection
Prior to the end of the period established in subsection 1 above, the
SDA WMD may bill and collect the Regional Service Charge directly from its ratepayers
in a manner approved by the Board of Directors and in accordance with law.
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5. Agreement to Modify Collection and Payment Procedures if Necessary.
Notwithstanding the foregoing subsections 1-4, the SDA WMD and the
Member Agencies understand and agree that the assumption by the SDA WMD of the City
. .
of San Diego's bonded indebtedness for the Metro System may require modifications to
the provisions of this Section. The SDA WMD and Member Agencies agree to enter into
such subsequent agreements regarding the Regional Service Charge collection and
payment procedures as may be required upon advice of SDA WMD bond counsel and/or
financial advisor to facilitate the Transfer.
G. PROCEDURES FOR COLLECTION OF REGIONAL SYSTEM
CON1'<'ECTION FEES
1. Upon the effective date of the ~egional System connection fee, a non-
industrial connection shall not be made to a Member Agency's Local Collection System,
until the potential user pays the Regional System connection fee. The connection fee
shall be collected by each Member Agency at the time when the building permit is issued
to each new Regional System user, or at such other time as adopted by ordinance of the
Member Agency, but in any event, prior to any use of the Regional System by the new
user. The connection fee shall be shown on the permit invoice or other invoice and shall
not be combined with any other amounts for other purposes appearing on the invoice.
Adequate records shall be maintained by each Member Agency to permit ready, separate
identification" of such Regional System conriection fees, amounts received, and payments
made to the SDA WMD.
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2. Not later than thirty (30) days following the end of each. month each
Member Agency shall pay to the SDA WMD a sum which equals the total of all Regional
System connection fees collected for the prior month, less any amounts that the Member
" .
Agency is entitled to retain by reason of having excess capacity in the Regional System. .
Payments shall be accompanied with a summary identification of building permittee or .
\,
new user by ratepayer class or category. Detailed new user identification may remain
with the Member Agency. Periodic reports shall be submitted to the SDA WMD by each
Member Agency reconciling Regional System connection fees received with payments to
the SDA WMD. Each Member Agency agrees to absorb administrative costs incidental
to the collection and transmittal of the Regional System connection fees to the
SDAWMD. '
3. Since connections to a Local Collection System should not be permitted by
a Member Agency without payment of the Regional System con"nection fee, it is not
anticipated that delinquencies will occur. However, if this does occur, each Member
Agency shall take all reasonable steps to collect such delinquent fees and shall absorb
administrative costs attributable thereto. Member Agencies shall not bill SDA WMD for
such costs, nor deduct such costs from Regional System connection fee revenues due the
SDA WMD.
H. CONTRACTING AGENCIES
..
'.
1. Should a Participating Agency or Later Participating Agency withdraw from
,
the SDA WMD prior to the Transfer, its rights and obligations and those of the City of
..
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San Diego under its Sewage Disposal Agreement shall remain in full force and effect.
The rights will be assumed by the SDA WMD upo~ the Transfer. Such agency shall be
referred to hereafter as a .Contracting Agency."
"
2. Regional Service charges, Regional System connection fees, and fees for
services provided to Contracting Agencies shall be fixed periodically by the Board of
Directors.
3. Upon expiratiqn of the term of a Contracting Agency's Sewage Disposal
Agreement, the Board of Directors shall determine whether or not to continue to provide
SDA WMD services to a Contracting Agency and on what terms and conditions such
service, if any, shall be provided. The SDA WMD shall have no obligation whatsoever
to provide services to a Contracting Agency after the term of a Sewage Disposal
Agreement. If, in the reasonable discretion of the Board of Directors, the probable effect
of continued services would be to materially impair the SDA WMD's ability to serve
existing and future ratepayers within the corporate areas of the Member Agencies of the
SDA WMD, continued service shall not be provided.
4. If the Board of Directors agrees to provide continued services to a
Contracting Agency, the Contracting Agency shall be solely and fully responsible to pay
the SDA WMD an amount equal to the sum of: the ratio of its then current proportionate
sewage flow. to the total sewage flow, multiplied by the SDAWMD's "annual audited
system-wide costs" incurred each year by the SDA WMD commencing from the time of
the Transfer, plus interest at a rate established by the Board of Directors, less costs
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already paid by a Contracting Agency to the SDA WMD.. For purposes of this subsection
"annual audited system-wide costs" are those costs iricurred by the SDAWMD each year
to carry out its responsibilities to provide regional wastewater, water reclamation and
. .
biosolids conveyance, treatment, disposal and reuse activities on behalf of its Member
"
Agencies, as validated by an annual audit performed by an outside, independent certified
public accounting firm and/or consulting engineering firm. These regional system-wide
costs include costs to:
manage and administer the Regional System; .
carry out the SDA WMD's master planning responsibilities and activities,
including development of its Master Plan of Facilities and best Management
Practices, and execution of the Master Plan through the annual, .Board- . '
approved capital improvements program (eIP) budget, inclu.ding the design,
permitting, capital financing and construction of specific upgrade,
expansion, repair, rehabilitation, and replacement projects as well as the
implementation of best management practices (i.e., waste minimization,
recycling, retrofit and conservation programs) approved by the Board of
Directors; and
operate and maintain the Regional System.
These costs do I!Q1 include capital, operations and maintenance Costs associated
with wastewater conveyance agreements entered into between the SDAWMD 'and
individual member agencies.
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1. NEW MEMBER AGENCIES
A public entity may become a party to this MOU and Master Agreement by
becoming a Member Agency of the District in accordance with the Act, and by agreeing
\ '
in writing to assume the rights and obligations of a Member Agency under this
Agreement. Ratepayers of new Member Agencies shall pay SDA WMD connection fees
that reflect the Member Agency's proportionate share, if any, of Metro or Regional
System development to dat~.
J. RECLAIMED WATER
Reclaimed water users shall pay their fair share of capital and operation and
maintenance costs associated with the production and transmission ofrecIaimed water by
the SDAWMD.
K. SEWERAGE SYSTEM FACILITIES - TRANSFER TO THE SDAWMD
Except as otherwise provided herein, it is anticipated that upon the Transfer the
following facilities shall be conveyed to the SDA WMD by the City of San Diego or
Member Agency in which title is presently vested. These facilities shall become part of
the Regional System:
I. Existing System Facilities
(a)
North and South Metro Interceptors;
. (b)
Pump Station I, including Force Main 1;
(c)
Pump Station 2, including Force Mains 1 and 2;
(d)
Point Lorna Tunnel and Transmission Main to Point Lorna Plant.
,
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. .
(e)
(f)
(g)
(h)
.
-
E. W. ~Iom (point Loma) Treatment Plant, . including cogeneration
facilities, hydroelectric facilities, shops and administration facilities;
Wastewater laboratories and boats;
E. W. Blom (point Loma) Ocean Outfall;
Sludge lines and associated pump stations from Point Loma to Fiesta
Island;
(i) Fiesta Island biosolids facilities (the existing land lease is expected
to revert to the City Parks and Recreation Department for
reincorporation into Missio~ Bay Regional Park);
G) Associated equipment and on-hand supplies;
(k) Property. other than leases, upon which the abQve facilities are
located, including easements and rights-of-way;
(1) A proportionate share of the Alvarado Training Center; and
(m) The Metropolitan Wastewater Department Operations Center.
2. Metro System Facilities Under Design or Construction
The parties expressly acknowledge that the Metro System facilities under
design or construction and the associated capital improvements program (CIP) budgets
being executed by the City of San Diego to plan, design and construct these facilities may
be revised Jl~or to the Transfer and that additional Metro System facilities may be
approved for design and construction by the City of San Diego prior to the Transfer, e.g.,
a South Bay Reclamation Plant.
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3. Existing Non-Metro System Facilities
The following existing non-Metro System facilities will beindividually considered
by the SDA WMD for integration into the Regional System within two years following
"
the effective date of this MOD and Master Agreement:
(a) Pump Stations 64 and 65 and associated force mains;
(b) Penasquitos Trunk Sewer;
(c) New Rose Canyon Trunk Sewer originating from Pump Station 64;
(d) Morena Boulevard Trunk Sewer to the North Metro Interceptor;
(e) North Mission Valley Trunk Sewer and Pump Station to Santee;
(t) East Mission Gorge Trunk Sewer, Pump Station'and Force Main;
(g) San Ysidro Trunk Sewer;
(h) Palm City Trunk Sewer and Pump Station 9;
(i) Spring Valley Trunk Sewer;
G) Otay Valley Trunk Sewer;
(k) Padre Dam Water Reclamation Plant and associated conveyance and
disposal facilities;
(I) Cross Bay Connection Sewer; and
(m) Other facilities which may be appropriate as determined by the Board of
. ,Directors to incorporate into the Regional System.,
It is recognized that the City of San Diego and other Member Agencies may have
transportation agreements governing capacity in and payment for some or all of the
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facilities described above. It is intended that such agreements shall remain in full force
and effect until their terms expire, unless following review of each of the facilities for
integration into the Regional System, the facilities addressed by these agreements are
"
transferred to the SDA WMD by mutual consent of the parties to these agreements and
the SDAWMD.
L. RIGHTS OF WAY - JQINT USAGE wrru: TIIE SDA WMD
The SDA WMD and each Member Agency shall cooperate to permit reasonable
joint use of those easements and rights-of-way for which the Member Agency has a right
of usage unless such joint usage is precluded by law, contract or the future needs of the
Member Agency. Wherever practicable the SDAWMD and a Member Agency shall
enter into joint use agreements for rights of way.
M. Il'."FILTRATIQNIINFLOW CONTROLS AND REPAIR OBLIGATIONS
1. Flowmeters
A primary objective of the SDA WMD is to plan, design, construct and
operate wastewater facilities of sufficient capacity to meet the wastewater capacity
demands of the General Plans or Master Plans for the territory the Member Agencies.
serve. The Member Agencies recognize that the SDA WMD's ability to furnish sufficient
capacity to accommodate the flow projections defined in these pians can be directly
impacted by 0 ~he integrity and overall physi~a1 condition of the Local Collection Systems
operated by each of the Member Agencies. To ensure that the SDA WMD maintains the
ability to plan and design future facilities based upon actual flow data, Member Agencies
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hereby agree to support the ongoing operation and maintenance of existing and future
flow meters located throughout the Metro System or Regional System at points of Member
Agency discharge and/or connection and discharge points for transport of flows through
other Member Agency facilities for ultimate discharge into the Metro or Regional System.
As of the Transfer, the SDA WMD shall own, operate and maintain the flowmeters, and
shall collect and catalog flow data at periodic intervals to develop and maintain a
permanent record of Region.al System flows within the SDA WMD.
2. Restrictions on Excessive Inflow and Infiltration
No Member Agency shall allow excessive inflow and infiltration into its
Local Collection System.
3. Eliminating Excessive Inflow and Infiltration
Each Member Agency, at its sole expense, (or alternatively, the
SDA WMD, if approved by the Board of Directors) shall conduct a study indicating:
(a) probable source(s) of Inflow and Infiltration in the Local Collection System
of the Member Agency;
(b) an estimate of the costs relating to the elimination of excessive Inflow and
Infiltration into its Local Collection System;
(c) an analysis of the cost-effectiveness of proposed corrective measures; and
(d) a. schedule for completion of the corrective measures the Member proposes to
undertake to eliminate excessive inflow and infiltration in its local system.
Each Member Agency, at its sole expense, shall complete such corrective
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"
measures to eliminate excessive Inflow and Infiltration as are reasonably demonstrated
to be cost effective by the study conducted by the Member Agency (or SDA WMD)., The
determination of the threshold or trigger point for excessive Inflow and/or Infiltration
. . \,
shall be established by the Board of Directors upon the recommendation of the
SDA WMD Technical Advisory Committee (T AC), and the approval of the legislative
body of each affected Member Agency.'
4. Annual Report
On an annual basis, each Member Agency shall submit reports to the SDA WMD
detailing their progress in completing the corrective measures for elimination of excessive
Inflow and Infiltration that are specified in their schedules. Reports shall contain the
following:
(a) A descript,ion of completed corrective measures;
(b) A detailed listing of expenditures incurred in accomplishing the proposed
corrective measures;
(c) An analysis of the ef~ectiveness of the corrective measures (if such information
is available at the time the report is submitted); and
(d) Any additional data or information as reasonably required by the SDA WMD,
or as required by state or federal regulatory agencies, including general schedules of
Local Collection System maintenance to ensure the , adequacy of the Local Collection
System during peak flows. The date for submission of the report and the period to be
covered by the report shall be fixed by the Board of Directors.
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N. RULES AND REGULATIONS CONCERNING NON-INDUSTRIAL USE OF
J.,OCAL COLLECTION SYSTEMS
Through the adoption of rules and regulations for the use of the Regional System,
the SDA WMD shall infOl:m each Member Agency concerning the type and condition of
non-industrial wastewater that would be detrimental to the Regional System and of the
conditions for permitted use of all sewers discharging to the Regional System. Each
Member Agency shall adopt and enforce ordinances, resolutions, rules and regulations
in conformance with SDA WMD advice to regulate the discharge of wastewater to their
respective Local Collection Systems.
O. REGIONAL SYSTEM II\'DUSTRIAL WASTE PROGRA1\1
I. Industrial Waste Ordinance
With respect to industrial users, through the adoption of an industrial waste
,
ordinance prior to the Transfer, the SDA WMD shall inform each Member Agency
concerning the type and condition of industrial waste discharges that would be detrimental
to the Regional System and of the conditions for the permitted industrial use of all Local
Collection Systems. The conditions and numerical limits for all priority pollutants and
other wastewater constituents required to be met by industrial waste discharges to the
Regional System shall be developed by the SDA WMD and incorporated into the industrial
waste ordinance adopted by the Board of Directors. The ordinance shall be effective on
or before th'e date the NPDES permit is transferred to the SDA WMD. Conditions of
individual waste discharges shall be established in permits issued by the SDA WMD
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.
pursuant to the industrial waste ordinance. Payment of the SDA WMD's industrial waste
connection and user fees shall be a condition of receiving and maintaining an industrial
waste permit.
2.
County of San Die~o
"
Upon request to the Board of Directors, the County of San Diego may
perform industrial waste permit compliance, monitoring and enforcement services for the
Alpine Sanitation District, Spring Valley Sanitation District, Lakeside Sanitation District,
and/or the Wintergardens Sewer Maintenance District. If so requested by the County,
the SDA WMD shall enter into an agreement with the County specifying the terms and
conditions of such service by the County. Except as provided for the County, the
SDA WMD shall administer and enforce the Regional System Industrial Waste Program.
P. ~OTICE
Notices required or permitted pursuant to this Agreement shall be sufficiently given
if made in writing and either served personally upon or mailed by registered or certified
mail or electronic communication to the clerk of its legislative body.
Q. TIME OF THE ESSENCE
Time is of the essence in this MOU and Master Agreement.
R. MODIFICATION OF AGREEMENT
No term, provision or condition of this MOU and Master Agreement shall be
altered, amended or departed from or be held or construed to have been waived except
by the unanimous agree.ment and consent of all parties to this MOU and Master
-44-
/1 - ?.J-
Agreement as evidenced by resolutions adopted by their respective legislative bodies
specifically authorizing the amendment.
s. SEVERABILITY
"
If any section, subsection, sentence, clause, phrase or word of this MOU and
Master Agreement, or the application thereof, to any party, or to any other person or
circumstance is for any reasons held invalid, it shall be deemed severable and the validity
of the remainder of the MOD and Master Agreement, or the application of such provision
to the other parties, or to any persons or circumstance shall not be affected thereby,
unless a court of competent jurisdiction holds in a final decision that the invalid
provision(s) is (are) not separable from any other provisions of this MOU and Master
Agreement.
T. ASSIGNMENTS OF GRANTS Arm LOANS - LEAD AGENCY
DESIGNATION
Subject to the limitations, conditions and restrictions of applicable state and federal
laws, statutes and regulations, each Member Agency shall assign to the SDA WMD upon
the Transfer, all of its rights, title and interest in federal and state grants and loans for
regional wastewater and water reclamation facilities, and by such assignment designate
the SDA WMD as the lead agency for purposes of grant and loan administration as well
as completion of construction and operation of the specific projects for which such grants
and loans have been acquired. The applicable grants and loans shall be defined in a
separate agreement or agreements with each Member Agency.
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U. SUCCESSORS AND ASSI<lliS
It is mutually agreed by all the parties hereto that the agreements, covenants,
conditions, limitations, restrictions, and undertakings herein contained shall apply to and
bind the successors of the respective parties hereto as if they were named herein. In no
event, except as may be specifically provided herein, may any right or obligation under
this MOU and Master Agreement be assigned without the written consent of the parties
hereto.
v. INDEMNIFICATION,
1.
No party to this MOU and Master Agreement nor any officer nor employee
thereof shall be responsible for any damage or liability occurring by reason of anything
done or omitted to be done by any other party to this MOD 'and Master Agreement. It
.
\,
-'
is also understood and agreed that each party to this MOD and Master Agreement shall ; ,
fully indemnify and hold each other party herein harmless from any liability imposed for
injury occurring by reason of anything done or omitted to be done by said indemnifying
party under this MOU and Master Agreement.
2. With respect to each Member Agency's Local Collection System, each
Member Agency agrees to indemnify, defend and hold harmless each other Member
Agency and the SDA WMD from any claim for damages, liability of any kind, civil or
criminal pen~lties or fines asserted by any person, including corpo~tions, joint ventures,
-,
partnerships, non-profit associations, unincorporated associations, local, state, or federal
agencies, arising out of a Member Agency's ownership, control and/or operation of a
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17-&4
Local Collection System.
W. COUNTERPARTS
This MOD and Master Agreement may be executed in any number of counterparts.
. .
All such counterparts shall be deemed to be originals and shall together constitute but one
"
and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this MOU and Master
Agreement to be executed and attested by their officers, and to be effective as of June 30,
1994.
ATTEST:
CITY OF CHULA VISTA, a municipal
corporation
By
Mayor .
City Clerk
APPROVED AS TO FORM:
By
ATTEST:
CITY OF CORONADO, a municipal
corporation
By
Mayor
City Clerk
APPROVED AS TO FORM:
By:
(Signatures Continued on page 48)
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ATIEST:
CITY OF EL CAJON, a municipal
corporation,
By
City Clerk
Mayor
"
APPROVED AS TO FORM:
A TIEST:
CITY OF DEL MAR, a municipal
corporation
By
City Clerk
Mayor
'.
APPROVED AS TO FORM:
A TIEST:
CITY OF IMPERIAL BEACH, a municipal
corporation
By
City Clerk
Mayor
APPROVED AS TO FORM:
(Signatures Continued on page 49)
-48-
/9'- fe,6
-
A TIEST:
CITY OF LA MESA, a municipal
corporation
By
Mayor
\'
City Clerk
APPROVED AS TO FORM:
A TIEST:
LEMON GROVE SANITATION DISTRICT,
a special district of the
State of California
By
Chairman
Clerk
APPROVED AS TO FORM:
ATIEST:
CITY OF NATIONAL CITY, a municipal
corporation
By
Mayor
City Clerk
APPROVED AS TO FORM:
(Signatures Continue<! on page 50)
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-
ATIEST:
City Clerk
APPROVED AS TO FORM:
A TIEST:
City Clerk
APPROVED AS TO FORM:
A TIEST:
County Clerk
APPROVED AS TO FORM:
CITY OF POW A Y> a municipal
corporatio~
By
Mayor
CITY OF SAN DIEGO, a municipal
corporation and a charter city
By
Mayor
COUNTY OF SAN DIEGO, a political
subdivision of the State of California,
on behalf of Wintergardens Sewer
Maintenance District
By
(Signatures Continued on page 51)
-50-
I!- V~
\,
'.
.-
A TrEST:
ALPINE SANITATION DISTRICT, a special
district of the State of California
By
Secretary
, ,
APPROVED AS TO FORM:
A TrEST:
LAKESIDE SANITATION DISTRICT, a
special district of the State of
California
. By
Secretary
APPROVED AS TO FORM:
ATTEST:
SPRING VALLEY SANITATION DISTRICT,
a special district of the State of
California
By
Secretary
APPROVED AS TO FORM:
(Signatures Continued on page 52)
-51-
/q ~ (//
.
-
ATrEST:
OTAY WATER DISTRICT, a special
district of the State of California
By
Se~retary
\,
APPROVED AS TO FORM:
A TrEST:
PADRE DAM MUNICIPAL WATER
DISTRICT, a municipal water district
df the State of California
By
Secretary
APPROVED AS TO FORM:
A TrEST:
SAN DIEGO COUNTY WATER AUrnORlTY
By
Secretary
APPROVED AS TO FORM:
(Signatures Continued OD page 53)
-52-
19-70
ATTEST:
Secretary
APPROVED AS TO FORM:
District General Counsel
(5047)
.-
SAN DIEGO AREA W ASTEW A TER
MANAGF;MENT DISTRICT, a
special Act district
By
-53-
fl-1t
EXHIBIT A
(Sununary)
METROPOLITAN WASTEWATER DEPARTMENT
FY 1987 _ 1994 ESTIMATED CAPITAL IMPROVEMENT PROGRAM, OPERATIONS & MAINTENANCE,
. GRANTS AND INTEREST CHARGES ALLOCABLE TO THE PARTICIPATING AGENCIES
(IN THOUSANDS OF DOLLARS)
COST DESCRIPTION
METRO R&R AND O&M
-:;WP SOP/FIRP CIP .
CWP SOP/FIRP GRANTS RECEIV
CWP REPLACEMENT CIP
ABANDONMENT COST
NO FINANCING PROJECTS
GRANTS RECEIVABLE
INTEREST
3UILDOUT
CONTRACT SUBTOTAL.
ESTIMATED
FRONT FUNDED
COST DUE
1,125
(778)
(465)
o
2,220
(1,977)
2,822
34
$2,981
ESTIMATED
MAY 94 DEBT
SERVICE
472
"
627
$1,099
CW? OVERSIZING/WATER REC
ABANDONMENT COST
NO FINANCING PROJECTS
GRANTS RECEIVABLE
INTEREST
;NALLOCATED CWP ADMIN
INTEREST
~WNCmITRACT SUBTOTAL
1,784
1,191
5,481
(1,626)
2,198
2,617
5218
$10,081
$1,784
TOTAL
~13 062
$2.883
entia:t ref~;s to the Sewe~e Disposal Agreement between the City or San Diego and the Participating Agencies.
'.LLOC.-,TION TO THE PARTICIPATING AGENCIES:
ESTIMATED
FRONT FUNDED
COST DUE
52,329
5557
5173
51,906">
5580
$1.124'. ' "
5636
5441
5871
,," 5126
'<51,041 ,.
,:5955,:
$2,120
5203
-;Q't>!f\Y
ESTIMATED
MW 94 DEBT
SERVICE
S541
S120
539
,,'5428
5121
5237
5140
596
5204
',: S16
$225
, . 5204
$471
541
~G:NC1ES
::HULA VISTA/MONTGOMERY
~ORONADO
-:EL MAR
,l. CPJON
\\?ERIAL BEACH
...\ MESA
....\"ESIDE-ALPINE
_"MON GROVE
'JATIONAL CITY
.)TAY
~ADRE DAM'
5?RING VALLEY
:iiNTERGARDENS
AGENCIES' TOTAL
513,062
$2,883
r ne allocation of tne front funded costs is bas~d on the respective flows of each Participating Agency for
. , period from fiscal year 1987 through 1994. The estimated May 1994 debt service allocation is based
the fiscal year 1994 flows. This is approxlma:ely 67% of the estimated annual debt service Participating
'.genc;es' allocation of 54.3 million. The annual debt service payments continue for a thirty year term.
:'s: exhasum Date: 10~.\ar94
Prepered by C Crandall
/9-7:<
.
City of San Diego Metropolitan Wastewater Department
METROPOLITAN SEWERAGE SYSTEM
PROJECT COSTS TO BUILDOUT TO 234 MGD CAPACITY
(Actual Costs through FY 1993, Estimated Costs for FY 1994 - FY 1997)
(EXHIBIT B)
Sununary
second Force Main
100
Estimated Allocable Buildout
FY 1963 - FY 1997 TOTAL
$233,677
2,522,090
638,976
301,520
178,000
312,270
\ '
""
PROJECT BLD
Fourth Pump, Pump Sta. 2 100
Secfll1lentation Basins 5 & 6100
F~th Digester 100
Facilities Planning Study 100
Ocean Outfall 85
DiNuser Port Modification
Metro Pump Station No.1, 94
Additional Pump
Metro Pump Station No.2, 95
Additional Pumps 5 & 6
Sedimentation Ba~ins 34
9& 10
Grit Removal 50
2,028,628
3,678,817
5,814,312
ALLOCATION OF COSTS TO
LATER PARTICIPATING AGENCIES AND SAN DIEGO
2,819,686 Based on Percentage of Eligible Contra::ed Capacity
Sed'<nentation Basins 55
11 & 12 (incL S. EffieJent ChnL)
1,711,443 '
Estimated Allocable Buildeut
FY 1963 - FY 1997 TOTAL
71
AGENCY CAP
6,006,032 Lakeside/Alpine 2.68
to 3.47
9,739,6CO Padre Dam 6.18
0 poway 3.00
1,134,350 '
2,248,837 Wintergardens 0.00
to 0.21
39,368,318
LPAs Subtotal 11.86
(65,267) to 12.86
(6,000,OCO) San Diego. 222.05
to 221.05
(1,217,099)'
." \~13~.3~' TO AL 233.92
.Sedimentation Basins 69
11 & 12 (excL S. Effluent ChnL)
1.395%
$431,815
Pump Station f'o:o. 2,
Pumps 7 & 8
2.642%
$817,741
N. Melro Interceptor
Invciced
o
87
100
1.282%
$396,800
0.067%
$20,826
Digester No.6
?rojoct Subtotal
Adjustments made:
Less overhead
Less Non-Pl!ftioip?tion,
Per Sewage Disposal Agrmts.
Adjusments Required:
Less S. Effluent Che.~nel
Less N. Metro Interceptor
NET ALLOCABLE
5.386%
$1,667,183
94.614%
$29,284,419
100.000%-
. r.Ern~til
% BLD All costs repfesenl only the percentage of the total project determined to be Bulldoutto 234 mgd.
. Sadimentation Basins 11 & 12 (excL S. Effluent ChanneQ is scheduled for completion in FY 1997: it is the only allocable Buildout
project not yet completed.
CAP Eligible contra:ted capacity in mgd for purposes of LPA particpation in Buildeut: may not equal total contracted capacity.
NOTE: All figures are sllbjcctto change based on actual costs and contracted capacity, and audit and engineering
analysis of projects prior to capitalization. As values lor Bui::lcul change, allocations will be amended.
File; MOUEXHTi3,WK3 March 14, 1994
Prepared t:rl C. R. Samples
/1- 73
.
.-
EXHIBIT C
Formula for Allocatinl: Up~rade Costs
to Existing Users
\\
Assumptions:
1. The planned physical capacity of the Pt. Lorna Treatment Plant according to the
existing agreements between The City of San Diego, and The Participating
Agencies, and The Later Participating Agencies is 234 (MGD).
2. Current Flow is the flow to the Pt. Lorna Plant on the date of execution of this
agreement.
Formulas:
1. Portion of upgrade costs alloca:bJe to existing users = Current Flow (in MGD's)
divided by 234 MGD.
2. Future Flow = 234 MGD minus Current Flow (in MGD's).
3. Portion of upgrade costs allocable to future users = Future Flow divided by 234
MGD.
'"
)9-71
EXHIBIT 0
City of San Diego Metropolitan Wastewater Depanment
METROPOLITAN SEWERAGE SYSTEM
GUARANTEED CAPACITY RIGHTS
Guaranteed ' ,
Aoencv CaDacitv (mod)
San Diego 152.42
ParticiDatino Aoencv
Chula Vista/Montgomery 19.20
Coronado 3.00
EI9ajon 10.00
Imperial Beach 3.50
La Mesa 6.30
Lemon Grove Sanitation District 2.80
National City 7.10
Spring Valley 10.70
Later Participatino Aoencv
Del Mar 0.80
Lakeside and Alpine Sanitation Districts 4.47
Otay Water District 1.20
Padre Dam Municipal Water District 6.22
Poway 5.00
Wintergardens Sewer Maintenance District . 1.21
.
TOTAL 233.92
File: MOUEXlITD.WK3 March 10. 1994
Prepared by C. R. Samples
/q~ 75
Attachment No. 2
City of San Diego
Proposed Memorandum of
Understanding
F/-7 "
EXHIBIT A
METROPOLITAN WASTEWATER DEPARTMENT
FY 1987 - 1994 ESTIMATED CAPITAL IMPROVEMENT PROGRAM, OPERATIONS & MAINTENANCE,
GRANTS AND INTEREST CHARGES ALLOCABLE TO THE PARTICIPATING AGENCIES
(IN THOUSANDS OF DOLLARS)
COST DESCRIPTION
METRO R&R AND O&M
CWP SOP/FIRP CIP
CWP SOP/FIRP GRANTS RECEIV
CWP REPLACEMENT CIP
ABANDONMENT COST
NO FINANCING PROJECTS
GRANTS RECEIVABLE
INTEREST
BUILDOUT
CONTRACT SUBTOTAL ·
ESTIMATED
FRONT FUNDED
COST DUE
1,125
(778)
(465)
ESTIMATED
MAY 94 DEBT
SERVICE
472
471
o
2,220
(1,977)
o
H
159
'143
1,940 .
CWP OVERSIZINGlWATER REC
ABANDONMENT COST
NO FINANCING PROJECTS
GRANTS RECEIVABLE
INTEREST
UNALLOCATED CWP ADMIN
INTEREST
NONCONTRACT SUBTOTAL
1,191
5,481
(1,626)
2,798
2,617
1m
10,680
",140
TOTAL
"0,839
12.884
. Contract rafars to the Sewage Disposal Agraament between the City of San Diego and the Participating Agencies.
ALLOCATION TO THE PARTICIPATING AGENCIES:
ESTIMATED
FRONT FUNDED
COST DUE
$1,929
$464
$144
$1,580
$481
$930
$527
$36S
$723
$104
$867
$798
"',760
$168
AGENCIES
CHULA VISTA/MONTGOMERY
CORONADO
DEL MAR
EL CAJON
IMPERIAL BEACH
LA MESA
LAKESIDE-ALPINE
LEMON GROVE
NATIONAL CITY
OTAY
PADRE DAM
POWAY
SPRING VALLEY
WlNTERGARDENS
ESTIMATED
MAY 94 DEBT
SERVICE
$541
$120
$39
$428
"2'
$237
$140
$96
$204
"6
$225
$204
$471
ID
AGENCIES' TOTAL
$10,839
$2.184
The ellocatlon of the front funded ooalS is baled on the raapactIve flows of HClI PartlClpallng Agency far
the period from fllCSl year 1987 through 1194. The eallmated May 1194 CIabt..NIca allocation II beaad
on thefllCSl yeer 1994 flows. thiS II approxlmetely 8~ of the aa1imatad annual debt ..NIca PartlcIpatIng
Agancin' allocation of $4.3 million. The annual debt aaMca paymanta c:ontlnua far a thirty year tenn.
File: EXHASUM.wk3
May 12, 1194
Ravllad by: C. R. Samples .
/1- 17
City of San Diego Metropolitan Wastewater Department
METROPOLITAN SEWERAGE SYSTEM
PROJECT COSTS TO BUILDOUT TO 234 MGD CAPACITY
(AClual Costs through FY 1993, Estimated Costs for FY 1994 - FY 1997)
AL
'" BLD AD __ rw~t only tr1e percelltagl or lhelOtaJ project delllrmined lObe Bulldout 10234 mgc1
. Sedimentation Basine 11 & 12 (ellCl. S. Em-t Chlllne~ IIlC1ledullld lOr campletion In FV 1897; 1111.. only enac.tlIlI BuiklClut
project not yet compIlIllId.
eN' Eligible contrlCtlld ClIpICity In mgcl for purposes or LPA particpation In Bulldout; Il18Y no! ""'. total contrcteCI ClpeCity.
NOTE: All flgulH _ IlUbject to clIl1/'1g11 build on ectu. costs IIId contracted c.peclty, end 8Udlt ..d engInHrlng
.alysla of projeclll prior to caplt8lizatlon. loa values for Bulldout chlllgll, a1JocatJona will be _dad. .
Filii: MOUEXKTB.WK3 March 14. 1894 Prwperad by C. R. SImpIlIs
'"
PROJECT BLD
Four1h Pump. Pump Sla. 2 100
Second FOR:I Main 100
Secllrnentation Ban 5 & 6 100
FIl'IIl DlgaSlllr 100
Fecilltias Planning Study 100
Ocalln Outfall 85
Diffuser Port ModIfICation
Metro Pump Station No.1. 94
Additional Pump
Metro Pump Station No.2, 95
Additional Pumps 5 & 6
Sedimllntation Basins 34
9& 10
Grit Removal 50
Sedimentation Basins 55
11 & 12 (inel. S. Effluent Chnl.)
. Sedimentation Basins 69
11 & 12 (exel. S. Effluent Chnl.)
Pump Station No.2. 71
Pumps 7 & 8
N. Metro InllllC8plOr 0
InvoiCed 87
Digester NO.6 100
Project Subtola1
Adjustments made:
Less overhaad
Less Non-PlWtiCipation,
Per Sewage Disposal Agrmts.
Adjustmenlll RI<J,Iirwd:
.... S. Elfll.ent Cha'lM1
Less N. Metro Inllln:e r
(EXHIBIT B)
Summary
.
.
Estimated AllOcable BuiklClu1
FV 1963 - FV 1997 TOTAL
$233,677
2.522,090
&38,976
301,520
178,000
312.270
2.028.628
~
11
~ A~OCA~ONOF~OS~TO
:i LATER PAR~CIPA~NG AGENCIES AND SAN DIEGO
r. Based on Percentage 01 Eligible ContrE18d Capacity
3.678.817
5,814.312
2,819.686
"
,
1.711,443 'Ii
I AGENCY
6.006.032 ~ Lakeside/Alpine
, 10
Estimated AllOcable Buildout
FV1963 - FV 1997 TOTAL
CAP
2.68
3.47
1.395%
~31,815
2.642%
$817,741
1.282%
$396,800'
0.067%
$20,826
5. '"
'1,667,183
....614'"
129,284,419
9.739.680 Padre Dam
6.18
3.00
o poway
1.134,3SIPi
2.248.837 Win18rgardens 0.00
10 0.21
39,366,318
(65.267)
(6.000.000) SII/'I DIegO 222.06
10221.06
;9- 7 J
\
EXIUBIT C
formulas f2L.Allocatine Uperade Costs to Existine Users
Current flow = portion of upgrade costs allocable to existing users
234 MOD
future ijow (234-MGJ) - current fhm1 = portion of upgrade costs
234 MOD allocable to future users
Formulas:
1. Portion of upgrade costs allocable to existing users - Current Flow (in
MOD's) divided by 234 MOD.
2. Future Flow = 234 MOD minus Current Flow (in MOD's).
3. Portion of upgrade costs allocable to future users = Future Flow divided by
234 MOD
/9'-77
EXHIBIT D
.
.
.
City of San Diego Metropolitan Wastewater Department
METROPOLITAN SEWERAGE SYSTEM
GUARANTEED CAPACITY RIGHTS
Aaency
Guaranteed
CaDacity (mad)
San Diego
152.42
PaniciDatina Aaency
Chula Vista/Montgomery
19.20
Coronado
3.00
EI Cajon
10.00
Imperial Beach
3.50
La Mesa
6.30
National City
2.eo,
7.10
Lemon Grove Sanitation District
Spring Valley
10.70
Later PaniciDatina Aaency
Del Mar o.eo
Lakeside and Alpine Sanitation Districts 4.47
Otay Water District 1.20
Padre Dam Municipal Water District 6.22
poway 5.00
Wintergardens Sewer Maintenance District .1..i1
TOTAL 233.92
File: MOUEXHTD.WK3 March to. 1994 Prepared by C. R. Samples
/1- t1
MEMORANDUM OF UNDERSTANDING AMONG THE SAN
DIEGO AREA WASTEWATER MANAGEMENT DISTRICT,
THE CITY OF SAN DIEGO, THE PARTICIPATING
AGENCIES AND LATER PARTICIPATING AGENCIES
SETTING FORTH AND RESOLVING FUNDAMENTAL
POLICY ISSUES INVOLVED IN THE TRANSFER OF THE
METROPOLITAN SEWERAGE SYSTEM TO THE SAN DIEGO
AREA WASTEWATER MANAGEMENT DISTRICT.
WHEREAS, the parties to this Memorandum of Understanding
("MOU") are the City of Chula vista, the City of Coronado, the
city of EI Cajon, the city of Imperial Beach, the City of La
Mesa, the Lemon Grove Sanitation District, the City of National
City, the Spring Valley Sanitation District, collectively
referred to herein as the "Participating Agencies;" the City of
Del Mar, the Lakeside/Alpine Sanitation Districts, the Otay Water
District, the Padre Dam Municipal Water District, the city of
Poway, the County of San Diego on behalf of the Wintergardens
Sewer Maintenance District, collectively referred to herein as
the "Later Participating Agencies;" The City of San Diego; and
the San Diego Area Wastewater Management District, referred to
herein as the "SDAWMD"; and
WHEREAS, the statute creating the SDAWMD became effective
January 1, 1993, (Chapter 803 of the 1992 statutes, California
Water Code Appendix, section 133-101, et seq.) (the "Act") and
the SDAWMD has been duly formed, organized and is doing business;
and
WHEREAS, Section 401 of the Act authorizes the SDAWMD to
acquire rights and assets, or assume obligations incurred, for
the development and operation of sewage treatment and related
-Page 1 of 36-
/9-17
facilities; and
WHEREAS, The City of San Diego has legal title to operate a
regional sewage collection, transmission, treatment, and disposal
system serving the Greater San Diego Metropolitan Area (the
"Metro System") and has contracted with the Participating
Agencies and Later Participating Agencies to provide for the
collection, transmission, treatment, and disposal of their sewage
pursuant to contract ("Sewage Disposal Agreements); and
WHEREAS, with the exception of the City of El Cajon, the
boundaries of the SDAWMD include all or portions of the corporate
areas of The City of San Diego and the Participating Agencies and
Later Participating Agencies; and
WHEREAS, the city of El Cajon intends to join the SDAWMD,
and legislation to effect a conforming change to the Act to allow
the City of El Cajon to become a member is being considered by
the California State Legislature; and
WHEREAS, The City of San Diego, the SDAWMD, and the
Participating Agencies and Later Participating Agencies agree by
signing this MOU to certain terms and conditions for the
acquisition of the Metro System and bonded indebtedness and
transfer thereof from The City of San Diego to the SDAWMD ("the
Transfer"), and for the extinguishment of The City of San Diego's
obligations pursuant to the Sewage Disposal Agreements after the
Transfer; and
WHEREAS, The City of San Diego, the SDAWMD, and the
Participating Agencies and Later Participating Agencies agree by
-Page 2 of 36-
/q- 31
signing this MOU to memorialize the resolution of the major
issues associated with this proposed Transfer an~ further agree
to the assumption of certain obligations and duties until the
Transfer occurs; NOW, THEREFORE,
BE IT RESOLVED, that the Parties agree as follows:
I. CITY OF SAN DIEGO ISSUES
A. COST SHARING
1. Front-Funded Costs
(a) Each Participating Agency and Later Participating
Agency shall pay The City of San Diego its proportionate share of
the costs front-funded by The City of San Diego, between July 1,
1986 and June 30, 1994, for Metro System Water Reclamation
Facilities and Metro System capital improvement projects for
expansion of the Metro System sewage treatment capacity above 234
million gallons per day ("MGD"). For the purpose of this MOU,
"Metro System Water Reclamation Facilities" means all Capital
Improvement Projects associated with the transmission and
production of reclaimed water, and does not mean Capital
Improvement Projects associated with local distribution of
reclaimed water.
(b) The proportionate share of these front-funded
costs for each Participating Agency and Later Participating
Agency shall be determined on the basis of the respective sewage
flows of each Participating Agency and Later Participating Agency
into the Metro system, as set forth in Exhibit A attached hereto
and by this reference made a part hereof. Each Participating
-Page 3 of 36-
/9-V
Agency's and Later Participating Agency's proportionate share
shall include an interest rate of seven percent (7%) per annum
for those costs referenced in Exhibit A as "Non-Contract Costs."
(c) All front-funded costs shall be repaid to The City
of San Diego by July 1, 1994, including May 1994 debt service
payments for front-funded costs as referenced in Exhibit A. A
Participating Agency or Later Participating Agency, however, may
request a payment plan with The City of San Diego for the payment
of its proportionate share of front-funded costs.
(i) In the event a Participating Agency or Later
Participating Agency desires a payment plan, the Participating
Agency or Later Participating Agency shall notify The City of San
Diego in writing of its acceptance of a payment plan.
(ii) A Participating Agency's or Later
Participating Agency's payment plan shall consist of up to eight
(8) equal installments and shall include an interest rate of
seven percent (7%) per annum.
(iii) A Participating Agency's or Later
Participating Agency's payment plan shall include its
proportionate share of front-funded costs and its proportionate
share of the estimated May 1994 debt service associated with
"Non-Contract Costs" as referenced in Exhibit A. The
Participating Agency or Later Participating Agency shall continue
to be responsible for making its estimated May 1994 debt service
payment on July 1, 1994, for costs associated with "Contract-
Costs" as referenced in Exhibit A.
-Page 4 of 36-
/1- <(f
(iv) All payments made by a Participating Agency
or Later Participating Agency pursuant to a payment plan shall be
completed no later than July 1, 1996.
2. ComDleticILof Deferred Construction Pursuant to Sewaae
DisDosal Aareements
(a) All costs associated with completing the deferred
construction projects of the Metro System shall be paid by the
city of San Diego, the Lakeside/Alpine Sanitation Districts, the
Padre Dam Municipal Water District, the City of Poway, and the
Wintergardens Sewer Maintenance District in fulfillment of their
obligations pursuant to the terms of their respective Sewage
Disposal Agreements, and as more fully set forth in Exhibit B
attached hereto and by this reference made a part hereof.
(b) These deferred construction projects are in
completion of the original design criteria of the Metro system to
provide certain transmission,. primary treatment, and disposal
facilities as more fully set forth in the referenced Sewage
Disposal Agreements, and result in an ultimate sewage treatment
capacity of 234 MGD for the Metro System.
3. ODeration and Maintenance of Reaional Transmission.
Treatment. OisDosal and Water Reclamation Facilities
(a) Until the Transfer occurs, each Participating
Agency and Later Participating Agency shall continue to pay The
City of San Diego its proportionate share of all costs associated
with operation and maintenance of Metro system transmission,
treatment, and disposal facilities in fulfillment of its
-Page 5 of 36-
~~.
obligations pursuant to the terms of its respective Sewage
Disposal Agreement.
(b) Beginning July 1, 1994, and until the Transfer
occurs, each Participating Agency and Later Participating Agency
shall pay to The City of San Diego its proportionate share of all
costs associated with the operation and maintenance of Metro
System Water Reclamation Facilities. The proportionate share of
these costs for each Participating Agency and Later Participating
Agency shall be determined on the basis of the respective sewage
flows of each Participating Agency and Later Participating Agency
into the Metro System.
(c) After the Transfer, all costs associated with the
operation and maintenance of Metro System transmission,
treatment, and disposal, including operation and maintenance
costs for Metro System Water Reclamation Facilities, shall be
included within a uniform District-wide user fee that shall be
levied upon all ratepayers of the SDAWMD. The user fee shall be
based upon flow, suspended solids, and/or other wastewater
quality characteristics.
(d) Notwithstanding the provisions of Section
I.A.3.(c) of this MOU, after the Transfer customized service
charges shall be determined for any rate payer who resides in the
corporate area of a Participating Agency or Later Participating
Agency which treats a portion of its own wastewater flow.
(e) Notwithstanding the provisions of Section
I.A.3.(c) of this MOU, after the Transfer any rate payer who
-Page 6 of 36-
~-~
.
resides in the corporate area of the City of San Diego or a
Participating Agency or Later Participating Agency and whose
wastewater flow is not discharged into or treated by the Metro
system shall not be charged a District-wide user fee.
4. ReDair. ReDlacement. and-Bt-construction
(a) Until the Transfer occurs, each Participating
Agency and Later Participating Agency shall continue to pay The
City of San Diego its proportionate share of all costs associated
with repair, replacement, and reconstruction of Metro System
facilities in fulfillment of its obligations pursuant to the
terms of its respective Sewage Disposal Agreement.
(b) After the Transfer, all costs associated with
repair, replacement and reconstruction of Metro System facilities
shall be included within the uniform District-wide user fee
referenced in section I.A.3.(c) that shall be levied upon all
ratepayers of the District.
5. UDarade of Metro Svstem Facilities and Construction of
Metro Svstem Water Reclamation Facilities
(a) Beginning July 1, 1994, and until the Transfer
occurs, each Participating Agency and Later Participating Agency
shall pay to The city of San Diego its proportionate share of all
costs associated with the upgrade of Metro System Facilities,
including the construction of Metro System Water Reclamation
Facilities.
(b) The proportionate share of all costs associated
with the upgrade of Metro System Facilities and Metro system
-Page 7 of 36-
/9'- 87
.
Water Reclamation Facilities for each Participating Agency and
Later Participating Agency shall be determined on the basis of
the respective sewage flows of each Participating Agency and
Later Participating Agency into the Metro System. The parties to
this MOU agree that the cost allocations foI' upgrade of the Metro
System Facilities and construction of Metro System Water
Reclamation Facilities contained in this MOU supersede their
obligations for payments for "New Construction" as set forth in
their respective Sewage Disposal Agreements.
(cl For the purpose of this MOU, "upgrade" means those
improvements to the original design of the Metro System with a
capacity of 234 MGD, which are required by prudent management
practice, court orders, regulatory agencies or consent decrees;
are necessary in order to comply with the National Pollutant
Discharge Elimination System ("NPDES"l permits issued to The City
of San Diego; and/or are required in order for The City of San
Diego to comply with applicable laws, rules, and regulations.
6. UDarade of Future Metro System Facilities
(al After the Transfer, all costs associated with
upgrading Metro System facilities, including advanced primary
treatment and water reclamation, shall be allocated to future
users on the ratio that the increase in total sewage flows as of
July 1, 1994, bears to the prevailing total Metro System
capacity, not to exceed the capacity provided for by the deferred
construction projects described in Section I.A.2.(al. The
formula to be used to calculate the allocation of these costs is
-Page 8 of 36-
/9 - fi
set forth in Exhibit C attached hereto and by this reference made
a part hereof.
(b) After the Transfer, these costs shall be included in a
connection fee to be levied on individual connections to the
Metro System.
(i) To the extent connection charges are
insufficient to provide for the upgrade of future facilities,
user fees as referenced in section I.A.3.(c) shall be used to
provide initial funding.
(ii) The subsequent collection of connection
charges shall be used to fully repay, including interest, the
previously advanced user fees.
7. EXDansion of Metro Svstem
(a) Beginning July 1, 1994, and until the Transfer
occurs, each Participation Agency and Later Participating Agency
shall pay to The City of San Diego its proportionate share of all
costs associated with the expansion of the Metro system beyond a
capacity of 234 MGD. The proportionate share of these costs for
each Participating Agency and Later Participating Agency shall be
determined on the basis of the respective sewage flows of each
Participating Agency and Later Participating Agency into the
Metro System.
(b) After the Transfer, all costs associated with the
expansion of Metro System facilities beyond a capacity of 234 MGD
shall be included in a connection fee to be levied on individual
connections to the Metro System.
-Page 9 of 36-
ft -~
(i) To the extent connection charges are
insufficient to provide for the expansion of the Metro system,
user fees as referenced in Section I.A.3.(c) shall be used to
provide initial funding.
(ii) The subsequent collection of connection
charges shall be used to fully repay, including interest, the
previously advanced user feeS.
B. CAPACITY RIGHTS
1. After the Transfer, The City of San Diego and the
Participating Agencies and Later Participating Agencies shall
have guaranteed capacity rights up to a total of 234 MGD in the
Metro System as currently provided for in their respective Sewage
Disposal Agreements, and as more fully set forth in Exhibit D
attached hereto and by this reference made a part hereof.
2. After the Transfer,' The City of San Diego or any
Participating Agency or Later Participating Agency may choose to
relinquish itself of certain capacity rights in the Metro System.
If The City of San Diego or a Participating Agency or Later
Participating Agency chooses to relinquish a specific amount of
capacity in the Metro System, then that capacity shall be placed
into an excess capacity pool managed by the SDAWMD. Until the
Transfer occurs, the rights of The City of San Diego and each
Participating Agency and Later Participating Agency to dispose of
excess capacity pursuant to the Sewage Disposal Agreements shall
remain in full force and effect.
-Page 10 of 36-
H-~
3. After the Transfer, repayment to The city of San Diego
or a Participating Agency or Later Participating Agency for
capacity placed into the SDAWMD excess capacity pool shall be
made by the SDAWMD from funds remaining after all operating and
maintenance expenses, debt service payments, financial reserves,
including reserves for rate stabilization, and outstanding
obligations have been met for the current year and are declared
to be surplus by the SDAWMD Board after an appropriate analysis
of the financial solvency of the SDAWMD is performed. Such
repayments shall be secured on a subordinate basis to all
outstanding debt of the SDAWMD.
4. After the Transfer, each Participating Agency and Later
Participating Agency shall be required to continue to make annual
capacity payments to The City of San Diego as set forth in its
respective Sewage Disposal Agreement.
5. The City of San Diego shall not be required to purchase
or otherwise make provision for the excess capacity of any
Participating Agency or Later Participating Agency.
6. The SDAWMD shall guarantee to The City of San Diego and
each Participating Agency and Later Participating Agency that
there will be sufficient capacity in the Metro system to meet the
needs of The City of San Diego and each Participating Agency and
Later Participating Agency.
C. OBLIGATIONS TO THB CITY OF SAN DIBGO UPON WITHDRAWAL FROM THB
SDAWMD
1. In the event a Participating Agency or Later
-Page 11 of 36-
/9 - 9'/
Participating Agency withdraws from the SDAWMD after July 1,
1994, and prior to the Transfer, the Participating Agency or
Later Participating Agency shall pay to The City of San Diego its
proportionate share of all costs, including bonded indebtedness,
incurred by The City of San Diego for the maintenance, operation,
repair, replacement, reconstruction, upgrade, and expansion of
the Metro System, including Metro system Water Reclamation
Facilities, prior to the Participating Agency's or Later
Participating Agency's withdrawal. For the purpose of this MOU,
"costs incurred" means payments which have been made or
contractual obligations which have been entered into for which
future payments must be made. The Participating Agency's or
Later Participating Agency's proportionate share of these costs
shall be determined on the basis of its respective sewage flow
into the Metro System.
2. In the event a Participating Agency or Later
Participating Agency withdraws from the SDAWMD after July 1,
1994, and prior to the Transfer, after its withdrawal the
Participating Agency or Later Participating Agency shall be
obligated to the City of San Diego for the following:
(a) its proportionate share, as determined on the
basis of its respective sewage flow into the Metro System, of any
costs incurred and any bonded indebtedness incurred by the City
of San Diego prior to the Participating Agency's or Later
Participating Agency's withdrawal;
(b) all costs it is obligated to pay pursuant to its
-Page 12 of 36-
/1- crJ
respective Sewage Disposal Agreement.
3. The provisions of Section I.C. do not modify or affect
the provisions of Section 703 of the Act, and do not govern the
obligations that may be owed by the City of San Diego or a
Participating Agency or a Later Participating Agency, or their
respective ratepayers, to the SDAWMD as a condition of receiving
services from the SDAWMD.
D. TRANSFER
1. The parties to this MOU agree to cooperate to
facilitate the Transfer.
2. Transfer of the Metro system assets and liabilities to
the SDAWMD, assignment of existing rights and delegation of
duties of all parties under the Sewage Disposal Agreements,except
as otherwise provided in this MOU, and assumption by the District
of the City's obligations with respect to wastewater collection,
treatment, and disposal (with the express written consent of the
Participating Agencies and Later Participating Agencies duly
authorized by an action of the appropriate governing body),
including the Transfer of the National Pollution Discharge
Elimination System ("NPDES") permits and Clean Water Act
compliance mandates (if any), shall not occur until the following
conditions have been satisfied:
(a) The City of San Diego and the SDAWMD shall be
found to be in compliance with the "Master Installment Purchase
Agreement by and between The City of San Diego and the Public
-Page 13 of 36-
/1- 93
Facilities Financing Authority of the City of San Diego" ("Master
Installment Purchase Agreement") dated as of September 1, 1993,
and/or any amendments or supplements thereto, by the "Trustee"
which is acting pursuant to "Issuing Instruments" as defined in
the Master Installment Purchase Agreement. The option to defease
the Public Facilities Financing Authority of City of San Diego
Sewer Revenue Bonds, Series 1993, pursuant to Section 6.20(f) of
the Master Installment Agreement, or any other bonds issued for
the Metro System by the Public Facilities Financing Authority of
The City of San Diego prior to the Transfer, shall not be
exercised unless such defeasance would be economically favorable
to The city of San Diego, the Participating Agencies, the Later
Participating Agencies, and the SDAWMD.
(b) The SDAWMD Board of Directors agree to assume
responsibility for the litigation entitled United States of
America. et al. v. citv of San Dieao (Case No. 88-1101-B (lEG)),
and for carrying out any consent decree or court order resulting
therefrom which affects the Metro System.
(c) The SDAWMD Board of Directors approve the transfer
of and assume responsibility for all permits affecting the Metro
System, including but not limited to NPDES permits, and the
appropriate regulatory agencies approve such transfer.
3. The City of San Diego, the SDAWMD, and the
Participating Agencies and Later Participating Agencies agree
that the Transfer dates set forth below in section I.E. of this
MOU are not binding on the parties and that no Transfer of The
-Page 14 of 36-
/?-rf
.
city of San Diego's Metro System assets and Metropolitan
Wastewater Department to the SDAWMD will occur until the
conditions set forth above in Section 1.0.2. have been achieved.
4. The assets and liabilities to be transferred to the
SDAWMD shall be defined further in a separate agreement between
The City of San Diego and the SDAWMD.
E. GOVERNANCE
1. The SDAWMD, as authorized by the Act, intends to become
the agency responsible for regional operation of a wastewater
collection, transmission, treatment, and disposal system in the
Greater San Diego Metropolitan area as soon as possible.
2. The parties to this MOU agree to use their best efforts
to achieve the following target dates to realize the goals set
forth above:
(a) December 31. 1994 - completion of and final
approval by The city of San Diego and the SDAWMD of an agreement
defining the assets and liabilities to be included in the
Transfer, or otherwise providing for the details of the Transfer.
(b) Julv 1. 1994 to June 30. 1995 - or until the
acquisition and Transfer occurs, The City of San Diego shall
consult with, receive, and consider recommendations from the
SDAWMD Board of Directors on those matters of budget, bond issue,
financing, planning, engineering, design, construction, and
operation of the Metro System that require the approval of the
San Diego City Council. Such consultations and recommendations
-Page 15 of 36-
/9 -"tj"s-
shall occur in the normal course of business for The City of San
Diego and shall not impair the City of San Diego's ability to
timely respond to regulatory and court imposed mandates and
deadlines, or to meet any contractual obligations. San Diego City
Council Agenda Reports regarding the Metro System shall state the
SDAWMD Board of Directors' recommendation, if any, on action
items before the San Diego City Council. The parties to this MOU
agree that The City of San Diego is not obligated to delay the
preparation of any report to the San Diego City Council if a
SDAWMD Board of Directors' recommendation has not been received
at the time a report is finalized. Issues relating to City
personnel relationships (hiring, dismissals, transfers, working
conditions, benefits, etc.) shall remain the sole responsibility
of The City of San Diego.
c) Julv 1. 1995 - transfer of the City's Metro system
assets and Metropolitan Wastewater Department to the SDAWMD.
P. TERMS. COVENANTS. AND CONDITIONS
1. To the extent that any term, covenant, or condition
contained in this MOU is contrary to any term, covenant, or
condition contained in any Participating Agency's or Later
Participating Agency's respective Sewage Disposal Agreement, the
term, covenant, or condition contained in this MOU shall prevail.
2. The unenforceability, invalidity, or illegality of any
provision of this MOU shall not render the other provisions
unenforceable, invalid, or illegal.
3. The failure of The City of San Diego, a Participating
-Page 16 of 36-
/f-~~
Agency or a Later Participating Agency to enforce a particular
term, covenant , or condition of this MOU shall not constitute a
waiver of that term, covenant, or condition, or its
enforceability.
4. This MOU shall be in full force and effect on July 1,
1994, and shall not terminate unless and until The City of San
Diego, and each Participating Agency and Later Participating
Agency signatory to this MOU agrees to such termination.
II. DISTRICT ISSUES
A. SEWER REVENUE FUND
1. Beginning July 1, 1994, The City of San Diego shall
separately identify for budgeting purposes the portion of sewer
revenues collected by The City of San Diego which are allocated
to the Metropolitan Wastewater Department.
B. RELEASE OF INFORMATION TO FACILITATE THE TRANSFER
1. Beginning July 1, 1994, The City of San Diego shall
disclose to the SDAWMD staff and General Counsel all public
records relating to contracts, personnel, permits, revenues and
expenses, funds and finances, and litigation affecting the Metro
system. All other documents or information relating to the above
referenced items which are not public records may be released to
the SDAWMD staff or its General Counsel if approved for release
by the San Diego City Manager, the San Diego City Attorney, and
for matters concerning litigation, the San Diego City Council.
-Page 17 of 36-
11 - 97
III. PARTICIPATING AGENCIES' AND LATER
PARTICIPATING AGENCIES' ISSUES
A. WEIGHTED VOTE
1. The city of San Diego and the Participating Agencies and
Later Participating Agencies agree that any change to the
weighted voting method as set forth in Sections 314, 315 and 316
of the Act shall be resolved by the SDAWMD Board of Directors
with the express approval of The City of San Diego, any
Participating Agency and the Later Participating Agency which is
a signatory to this MOU, and their respective governing bodies.
2. Any change to the weighted voting method shall be
accomplished by a conforming change to the Act and approved by
the California State Legislature.
B. CONFIGURATION OF FUTURE METRO SYSTEM AND CONSTRUCTION
SCHEDULES
1. The City of San Diego, the Participating Agencies, the
Later Participating Agencies, and the SDAWMD acknowledge and
understand that the configuration of the Metro System's regional
treatment plants and the schedule for constructing those plants
shall be established by the outcome of the litigation entitled
united States of America. et al. v. citv of San Dieao (Case No.
88-1101-B (lEG)).
2. The City of San Diego, the Participating Agencies, the
Later Participating Agencies, and the SDAWMD agree that the
configuration of the. Metro System's regional collection and
-Page 18 of 36-
fi-~
pumping system may be altered at a later date, upon the
recommendation of the SDAWMD Technical Advisory Committee,
pursuant to separate agreements between The City of San Diego and
the SDAWMD.
c. AUDIT OF METRO SYSTEM FINANCING
1. Subject to the approval of the SDAWMD Board of
Directors, an audit of Metro system financing may be conducted
prior to the Transfer.
2. If an audit is conducted, each Participating Agency and
Later Participating Agency shall pay its proportionate share of
all costs associated with the audit.
3. The City of San Diego agrees to provide all information
necessary to conduct the audit, but shall not be responsible for
paying any of the costs associated with the audit.
D. INTERNATIONAL BORDER SEWAGE FLOWS
1. The environmental and health problems created by sewage
flows originating in Mexico and crossing the international border
into San Diego County, California, shall be recognized by The
City of San Diego, the Participating Agencies, the Later
Participating Agencies, and the SDAWMD as a regional problem.
2. The SDAWMD shall use all available resources to work
with the Federal Government to assure that the Federal Government
assumes responsibility and meets its obligations for the
transmission and treatment of the Mexican sewage flows crossing
-Page 19 of 36-
/'
}9-9<}
the international border into San Diego county.
3. Beginning July 1, 1994, and until the Transfer occurs,
in the event the Federal Government fails to pay for any portion
of the costs associated with the transmissi.on and treatment of
any Mexican sewage flows crossing the international border into
San Diego County, The City of San Diego, the Participating
Agencies and the Later Participating Agencies shall pay their
proportionate share of the costs associated with the transmission
and treatment of the Mexican sewage. The proportionate share of
these costs for The City of San Diego and each Participating
Agency and Later Participating Agency shall be determined on the
basis of the respective sewage flows of the City of San Diego and
each Participating Agency and Later Participating Agency.
4. After the Transfer, in the event the Federal Government
fails to pay for any portion of the costs associated with the
transmission and treatment of' any Mexican sewage crossing the
international border into San Diego County, the SDAWMD shall pay
for those costs.
IN WITNESS HEREOF, this MOU is executed by The City of San
Diego, acting by and through its City Manager, pursuant to
Resolution No. R- , authorizing such execution, and by the
signatories below.
-Page 20 of 36-
ft~H
,
,
Dated this
day of
, 1994.
The City of San Diego
By
City Manager
I hereby approve the form and legality of the foregoing MOU
this day of , 1994.
r
r
J
John w. witt
City Attorney
By
-Page 21 of 36-
/7- /il7
Assistant City Attorney
Dated this
day of
, 1994.
The City of Chula Vista
By
I hereby approve the form and legality of the foregoing MOU
this day of , 1994.
By
-Page 22 of 36-
/9' 10 ;;.-
Dated this
day of
, 1994.
The City of Coronado
By
I hereby approve the form and legality of the foregoing MOU
this day of , 1994.
By
-Page 23 of 36-
/9- /03
Dated this
day of
, 1994.
The City of Del Mar
By
I hereby approve the form and legality of the foregoing MOU
this day of , 1994.
By
-Page 24 of 36-
/9' - M if
.
Dated this
day of
, 1994.
The City of El Cajon
By
I hereby approve the form and legality of the foregoing MOU
this day of , 1994.
By
-Page 25 of 36-
/9- lor.
Dated this
day of
, 1994.
The City of Imperial Beach
By
I hereby approve the form and legality of the foregoing MOU
this day of , 1994.
By
-Page 26 of 36-
jCl-/~
.
Dated this
day of
, 1994.
The Lakeside/Alpine
Sanitation Districts
By
-Page 27 of 36-
/1-)07
I hereby approve the form and legality of the foregoing MOU
this day of , 1994.
By
.
Dated this
day of
, 1994.
The City of La Mesa
By
I hereby approve the form and legality of the foregoing MOU this
day of , 1994.
By
-Page 28 of 36-
j9-loi
.
Dated this
day of
I 1994.
The Lemon Grove sanitation
District
By
I hereby approve the form and legality of the foregoing MOU
this day of I 1994.
By
-page 29 of 36-
/9-/01
.
Dated this
day of
" 1994.
The City of National city
By
I hereby approve the form and legality of the foregoing MOU
this day of , 1994.
By
-Page 30 of 36-
/9 - //tJ
.
Dated this
day of
, 1994.
The otay Water District
By
I hereby approve the form and legality of the foregoing MOU
this day of , 1994.
By
-Page 31 of 36-
/'1-///
Dated this
day of
I 1994.
The Padre Dam Municipal
Water District
By
I hereby approve the form and legality of the foregoing MOU
this day of I 1994.
By
-Page 32 of 36-
/9- /0
Dated this
day of
, 1994.
The City of poway
By
I hereby approve the form and legality of the foregoing MOU
this day of 1994.
By
-Page 33 of 36-
/9- //3
Dated this _____ day of
, 1994.
The San Diego Area Wastewater
Management District
By
I hereby approve the form and legality of the foregoing MOU
this day of , 1994.
By
-Page 34 of 36-
/9 - //1/
,
,
.
Dated this
day of
, 1994.
The Spring Valley Sanitation
District
By
I hereby approve the form and legality of the foregoing MOU
this day of , 1994.
By
-Page 35 of 36-
/1-/1-5
.
Dated this
day of
, 1994.
The County of San Diego on
behalf of the Wintergardens
Sewer Maintenance District
By
I hereby approve the form and legality of the foregoing MOU
this day of , 1994.
By
KJS:smm:jrl:400
03/22/94
05/12/94
.-
_.';' -4
.
-Page 36 of 36-
;q - lIt?
SD CNTY BRD OF SUPRVRS TEL No.619-557-4025 Apr 18.94 16:37 No.016 P.Ol
COUNTY OF SAN DIEGO -- Of lUBMlIIlS
CHIEF ADMINISTRATIVE OFFICE . 3 9 Brian P.Bllbray
AGENDA ITeM Dla_ JallOb
pam Slater-
~ L WIIIllIma
John Mac:IJOM/CI
~
MEETING DATE; April D. 1m
TO: BOARD OF SUPERVISORS
SUBJEC'l': APPOINIMENTS TO mE SAN DIEGO TECHNOLOGY COUNCIL.
SUMMARY
ISSUE/REFERENCE:
Sh01llcl the Sa. DIe&o County BoanJ of Superrison appoint fhe (5) ........... to the San
DIeIO TecbIlOIo&Y coo-dl, 'lbe ClIJ or San Dteao has lmplem.eD.led lhe San. Diego
Teclulology CouncU and is ukllII tile BoIlrd 10 appolDt IIWIIlbed .. 'he eoancU. Iada
; [ ,'",'!, BI~~~'f::..~.u~Jt~~~~~enruct tIle;,~..~~~~r-t-~._. ...
. - ~ ~F',' ':,' '-'j : '! : -, " '. ,-
.. ."...,..,...... ."""'0' .. '1'''',~, ".-\
~....."..,..~ .... ~.. -'\"'1
SlJPEllYISCXi. PAM SUTERa
,
ADVlSOR.Y STATEMENT:
.'~
,
-. <1>0
F\ .... ~::;
" :Ill
"..
<,~I- .,,:0:
-'.;: -.. 0
"~~ '. .,. Cl
~ ....
..;"" N ;=::~
~~-4
~:;.:; ;:..~~ ... m"l)
Vi''! ", om
0:.'. ~..... :.n
:.,<4 ~ -.. '"
~" "-'
~ ,.,.. :% iii
F c.O 0
'"
...,.. '"
APImm the .p;oIntments CO the San. Die&O Teclmolog,y CouneiL
.~.
~:
CHIEF ADMINISTRATIVE OmCEK:
FISCAL IMPACl': None
-.-
AL'I1tRNA~ Don't .ppoint inclhicluals to the San Die&O Technoloo CounciL
t
5/S' 5<:' 'L-
.
L
(J<,rbl. ~.,v<- ~..,/: Dfj~
'/h (6' (I ... (~ L.~ (, 1t-__t:l't<-l<o
./ ......<:fl1v-"J <'- f ,
(.., d ( ,. I (. j _ n J .M~",_.h '1S . ...)0'---.
otw'~ 0<-<:" lX/l.
AP2 J 9 199A
.2~Q, ~ )
SD CNTY BRD OF SUPRVRS TEL No.619-557-4025
Apr 18.94 16:37 No.016 P.02
'-'
SUBJFA":T,APPOlNTMENTS TO THE SAN DIEGO TECHNOLOGY COUNCIL. 3 9
BA.CKGROUND
The San D1eeo Tedmology CoUlleII will be ...cle .p of thirteen ladustry Chief lUKutlye OOleer's
represtlltiq the raap of teclmolopes In the realOR Indudinc biomedical, health ca.... soll'wue,
trauponatloa. electmn1cs. enrironmental, teIecoIIlmlUlleatlons, marine and others. 11ft _uld
be appolllted II)' the Bo8nt of Supenlson and elcht. lndudlnC the Chair, by the Mayor with CIlJ
Cowu:ll conllrmatlon. No subsUtutlon. wiD be allowed and recular attendance Is reqlllrecl; The
CbaIr of the A.FIA:IO Central Labor Ohnldl; Represeatatiftll of the UnlwnIIy of CaUroI'llla, saD
Diego, San Dieao State Ualven!ly od tile SaD Diego eommuDity Col.. DIShid; Repnseatadve&
ot the Federal Laboratory ~.m, Na"Y Laboratory, CDe Small Buslaesl Flnaaee
Corporation and San melD Gas &: Electric; Business repnseatative& orlhe Boal'd8. or the Greater
SaD 01. Chamber or Commetee, Economic Development Corporation, San 01. Private
IDcIustrJ CoundI and Worlcl Trade Center Atsoc:latlon; Ea:oOl1k:lo repreHlltatives wIIllDdlldellhe
Mayor of the Oly ot San Diego, Chair or the San DIeJO Coaly Board or Superrisors, the San
Diego Coagre"na1 DelegatiOIl .lld theLo. Angele. RecIonal Technology Alliance.
';[ (.r' '~I~~\~.lZ~ft1rte~~~!~'i3U:~~.:.a:...~~:n~"1C::~f12~
modenaiutlon throuf:laout the San rnep reelon. R.......nslbllltles w1l1lnl!lude:
~;
< .',
Owenlpt Ora HIgh Technology ReIoaree eeBter, Seed Capital Fund, Technology Incubator,World
Trade Center Baa Diego and the Reglonal Tecbaologi AU18nce CorpoI'Btlon; IcleDtttkatkm and
eoiamitmellt or resonrees to support teclmolo&1 cleYelopment and deployment wllh an empbasls
on defellse COImlCsIon and dlftrsUleatloD opportnnltler, AlIoeatkm orlU8lllda and devdopmenl
~dln, ($175.QOO annvalb') OR kq iB8ues impacting 8COaomlc cJeweIopment In the rep.;
~opment, Rledloa. anel evaluation or projects proposed lOr state matelllng t'lands ror te4eJ'al
related teehnology tands.
I ,~
: ")
,I"
~?.J??~
SupelV1SOr
L1..
z
"(,).,,,,~..2.