HomeMy WebLinkAboutAgenda Packet 1995/05/16
Tuesday, May 16, 1995
6:00 p.m.
"I d' j .
ec,ara un er r:enalty of perjury that I am
C:'l;Jloyed D:! t:1C City of Ciulla Vista in the
Crfice 0.[ the City CI'Jrk and thDt I posted
tilis t,genc:2!i'Jotice on the Bulletin Board at
the Publi5- er ices Bu,lding ans! at City Hall on
DATED, II' - SIGNED (,.~ "
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Regular Meetim! of the City of Chula Vista City Council
Council Chambers
Public Services Building
CALL TO ORDER
1.
ROLL CALL:
Councilmembers Alevy _' Moot _, Padilla _. Rindone _' and
Mayor Horton _'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
April 22, 1995 (Special Meeting), May 2, 1995 (Joint Meeting of the
Redevelopment Agency/City Council), and May 9, 1995.
4. SPECIAL ORDERS OF THE DAY: None submitted.
*****
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene mto open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which wiLL be available in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through 6)
The staff recommendations re~arding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fiLL out a
"Request to Speak Form" 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 fonn to speak in opposition to
the staff recommendation.) Items pullea from the Consent Calendar will be discussed after Board and
CommIssion Recommendations and Action Items. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that there were no observed reportable actions taken
from the Closed Session of 5/9/95. It is recommended that the letter be received and filed.
b. Letter of resignation from the Cultural Arts Commission - Amira Walker, P.O. Box 121965,
Chula Vista, CA 91912. It is recommended that the resignation be accepted with regret and the
City Clerk be directed to post inunediately according to the Maddy Act in the Clerk's Office and
the Public Library.
6. RESOLUTION 17893 APPROVING THE MARISOL PARK MASTER PLAN - The Parks and
Recreation Department. in conjunction with Rancho del Rey Partnership have
developed the Marisol Park Master Plan. The location and the size of the park
was established at the SPA Plan stage in fiscal year 1988/89. A conceptual plan
was initially prepared in January 1990. The park site is located on Rancho del
Rey Parkway in the northwest area of the Rancho del Rey Development. The
park size is 5.0 acres of useable area, with an additional 1.0 acre of open space
slope area. Staff recommends approval of the resolution. (Director of Parks
and Recreation)
* * END OF CONSENT CALENDAR * *
Agenda
-2-
May 16, 1995
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 Jill out the "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.) Comments are limited to jive minutes per
individual.
7.
PUBLIC HEARING
INTENTION TO FORM ASSESSMENT DISTRICT 93-01 PURSUANT TO
THE IMPROVEMENT ACT OF 1911 - On 3/28/95, Council approved the
boundary map for Assessment District 93-01. Council also approved the
Resolution of Intention ordering the installation of alley improvements from "J"
Street to Kearney Street between Elm Avenue and Second Avenue pursuant to
the Improvement Act of 1911 and setting public hearings for 5/9/95 and
5116/95. Staff recommends approval of the resolution. (Director of Public
Works) Continued from the meeting of 5/9/95,
RESOLUTION 17894 MAKING FINDINGS AT PUBLIC HEARING PURSUANT TO CHAPTER
27 OF THE "IMPROVEMENT ACT OF 1911"
8.
PUBLIC HEARING
TO REVIEW: (A) FISCAL YEAR 1995-1999 DRAFf CONSOLIDATED
PLAN AND CONSIDER PUBLIC COMMENT AND TESTIMONY
REGARDING THE PLAN; AND, (B) HOUSING AND COMMUNITY
DEVELOPMENT NEEDS FOR 1995-1996 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, INCLUDING
CONSIDERATION OF FUNDING REQUESTS FOR PUBLIC SERVICES,
COMMUNITY DEVELOPMENT, AND CAPITAL IMPROVEMENTS -
The public hearing provides an opportunity for citizens and Council to comment
on the draft Consolidated Plan document and how CDBG funds can be allocated
to meet the City's housing and community needs. The Consolidated Plan
(formerly the Comprehensive Housing Affordability Strategy) is a document that
identifies a jurisdiction's overall housing and community development needs,
outlines a five year strategy to address those needs, and describes a one year
action plan for the expenditure of all Federal HUD resources. No staff
recommendations are being made at this time and Council is not expected to take
any action other than to give desired direction. After thorough consideration of
public comment, staff will prepare an additional report presenting CDBG
funding recommendations for Council deliberation and action at the 6/6/95
meeting. (Director of Community Development)
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications
Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action. Your time is limited to three
minutes per speaker.
Agenda
-3-
May 16, 1995
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the allemalive. Those who wish to speak, please
jill out a "Request to Speak" form availnble in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to jive minutes.
9. RESOLUTION 17895 APPROVlNG THE SECOND AMENDMENT TO THE EXISTlNG
AGREEMENT WITH LETTIERI-MClNTYRE & ASSOCIATES FOR
ADDITIONAL CONSULTlNG SERVICES RELATlNG TO THE
PREPARATION OF THE ENVIRONMENTAL DOCUMENTS FOR THE
CHULA VISTA SPHERE OFlNFLUENCE STUDY, AND AUTHORIZlNG
THE CITY MANAGER TO EXECUTE SAME - The current contract with
Lettieri-Mcintyre & Associates specified a maximum limit of $99,494 to
perform the environmental services on the City's Sphere of Influence Study.
The recommended amendment requires similar environmental services for a
grand total not-ta-exceed figure to $123,702. Staff recommends approval of the
resolution. (Special Planning Projects Manager, Otay Ranch Project)
10. RESOLUTION 17896 APPROVlNG THE FIRST AMENDMENT TO THE THREE PARTY
AGREEMENT WITH OT A Y RANCH, L.P. AND REMY & THOMAS TO
AUTHORIZE $25,000 IN ADDITIONAL SERVICES FOR LEGAL
CONSULTING SERVICES TO REVIEW ENVIRONMENTAL
DOCUMENTS FOR THE OTAY RANCH PROJECT AND
AUTHORIZlNG THE MAYOR TO EXECUTE SAID AGREEMENT - To
retain the legal firm of Remy & Thomas to review environmental documents for
the Sphere of Influence, SPA Plans and supporting studies required by the
General Development Plan, to provide guidance to assure compliance with
CEQA and avoid litigation predicated upon alleged deficiencies in environmental
documents or improper processing of the documents. Staff recommends
approval of the resolution. (Special Planning Projects Manager, Otay Ranch
Project)
11. REPORT STATUS OF NEGOTIATIONS REGARDING RANCHO DEL REY
SECTIONAL PLANNlNG AREA (SPA) III TENTATIVE MAP
CONDITION FOR FIRE STATION RELOCATION - Rancho del Rey
Investors (Developer) is in the process of submitting its first final map for the
Rancho del Rey SPA 111 project. Before the map can be considered by Council,
the Developer must meet a condition related to the City and Developer entering
into a development agreement for the relocation of Fire Station 4 to Rancho del
Rey from its current location on Otay Lakes Road. Staff recommends Council
accept the report. (Deputy City Manager Krempl, Fire Chief. and Director of
Planning)
12. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given
by staff.
Agenda
-4-
May 16, 1995
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenikl items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
13. CITY MANAGER'S REPORTlSl
a. Scheduling of meetings.
14. MAYOR'S REPORT(S)
a. RESOLUTION 17897 SUPPORTING AB 230 AND AB 1436, AND OPPOSING S 754,
WHICH ARE NOT ADDRESSED IN THE LEGISLATIVE
PROGRAM AND REQUIRE DIRECT COUNCIL ACTION - On
2/7/95, Council adopted the 1995/96 Legislative Program. Although
the program was intended to provide comprehensive direction to the
Legislative Committee on City's legislative priorities, there are certain
issues which are reserved for direct action by Council. Staff
recommends approval of the resolution. (Legislative Committee)
15. COUNCIL COMMENTS
Councilmember Rindone
a. Community Hotline.
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on May 23, 1995
at 6:00 p.m. in the City Council Chambers.
A Meeting of the Redevelopment Agency will be held immediately following the City Council meeting.
Agenda
-5-
May 16, 1995
*****
CLOSED SESSION
Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will
discuss and deliberate on the following items of business which are pernlitted by law to be the subject of a closed
session discussion, and which the Council is advised should be discussed in closed session to best protect the
interests of the City. The Council is required by law to return to open session, issue any reports of final action
taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed
sessions, the videotaping will be tenninated at this point in order to save costs so that the Council's return from
closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
16. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
. Chula Vista and nine other cities ys. the County of San Diego regarding solid waste
issues (trash litigation).
2. Anticipated litigation pursuant to Government Code Section 54956.9
. Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA
lawsuit.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA. WCE, Executive Management, Mid-
Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
17. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
*****
May 11, 1995
SUBJECT:
The Honorable Mayor and city coun~_
John D. Goss, city Manager~ ~~)
City council Meeting of May 16, 199~
TO:
FROM:
This will transmit the agenda and related materials for the regular
City council meeting of Tuesday, May 16, 1995. Comments regarding
the Written Communications are as follows:
5a. This is a letter from the city Attorney stating that there
were no observed reportable actions taken by the city council
at the Closed session on 5/9/95.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
5b. IT IS RECOMMENDED THAT AMIRA WALKER'S RESIGNATION FROM THE
CULTURAL ARTS COMMISSION 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.
JDG:mab
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OlY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
From:
May 10, 1995
The Honorable Mayor and City cou19.tY
Bruce M. Boogaard, city Attorney~
Report Regarding Actions Taken in Closed Session
for the Meeting of 5/9/95
Date:
To:
Re:
The city Attorney hereby reports to the best of my knowledge from
observance of actions taken in the Closed Session, that there were
no actions taken in the Closed Session of 5/9/95 which are required
under the Brown Act to be reported.
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276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5037
RECEIVED
'95 MY -9 P2 :30
ClY OF CHULA VISTA
CITY CLERK'S OFFICE
May 8, 1995
H. Mayor Shirley Horton
City of CHula Vista
276 Fourth Ave.
Chula Vista CA 91910
Dear Mayor Horton:
I want to thank you for appointing me as a member of the Cultural
Arts Commission. Currently I find that I am busier than usual
and not able to attent their activities and meetings regularly.
Therefore, I will have to resign but would like to be considered
at a future time.
However, I want to continue belonging to the International
Friendship Commission, and attend and participate in their
activites and meetings, as I enjoy this group very much.
I take this opportunity to thank you again for appointing me to
these comrrmissions, and as usual I remain,
Sincerely, C'
~~ (J;LA
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AMIRA WALKER
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COUNCIL AGENDA STATEMENT
Item:
Meeting Dale: 5/16/95
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I? 8'9;5
Resolution: Approving the Marisol Park Master Plan
Director of Parks and ~^4
City Manage~ ~W~\ (4/5ths Vote: Yes _ No 2()
U/:>'
The Parks and Recreation Department. in conjunction with Rancho Dei Rey Partnership. has
developed the Marisol Park Master Plan, The location and the size of the park was established
at the SPA Plan stage in FY 88/89, A conceptual plan was initially prepared in January. 1990, The
park site is located on Rancho Del Rey Parkway in the northwest area of the Rancho Del Rey
development, The park size is 5,0 acres of useable area. with an additional 1 ,0 acre of open
space slope area,
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
RECOMMENDATION: That the City Council approve the Marisol Park Master Plan
BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation Commission. at
their meeting on March 16. 1995. unanimously approved the revised Marisol Park Master Plan,
(See Attachment "A". minutes from the Parks and Recreation Committee meeting)
DISCUSSION: The project is located adjacent to the Rancho Del Rey Estates. a neighborhood
of custom home sites, The park design concept proposes to provide a facility that is
appropriate for a neighborhood of this type, Specific emphasis is placed on having the
architecture for the restroom structure mirror the design of the entry structure and to implement
an elegant park design through the use of graceful forms. iines. materials and detailing
(Attachment "B" is a reduction of the illustrative plan),
The revised plan incorporates the following facilities and features into the park development
program: Restroom/maintenance structure. two lighted tennis courts. play area for pre-school
ages (2-5) and school age children (5-12). open lawn area for informal active uses. perimeter
concrete walkway. equestrian trail that connects the Bonita area to the Rice Canyon trail.
perimeter D,G, trail for jogging and walking exercise. several picnic shelters with tables.
benches. drinking fountains. bike rack. and related site fumishings,
The basic design of the park is a formal axial relationship for the entry structure and restroom
structure, Overlapping this formal centerline is a cUNelinear pattern of hardscape "edges".
accent trees and a paim tree lined entry area, The remainder of the use areas landscaping is
proposed as a large open lawn area with a perimeter of informal evergreen shade trees and
one large canopy tree specifically locationed behind the monument sign for accentuation,
The slope areas around the perimeter are proposed as drought tolerant and native
landscaping to tie into the natural canyon area across Rancho Del Rey Parkway, The irrigation
system will utilize the latest products and techniques to promote water conseNation, The
irrigation design will be based on the City Landscape Manual.
t-/
Marlsol Park Master Plan
5/16/95 Meeftng
Page 2
Item:
Meeting Date: 5/16/95
"
FISCAL IMPACT: The approval of this revised Master Plan will not result in a fiscal impact in
FY 94/95 or FY 95/96. When construction of this project is completed and the park is turned over
to the City after the maintenance and establishment period. a bUdget for the additional park
maintenance will need funding of approximately $ 4O.CXXl. Prior to FY 96/97. staff will evaluate
resource needs and resource availability required for this park and determine whether to delay
construction for another fiscal year.
Attachment "A" -
Minutes from the March 16. 1995 Parks and Recreation Committee meeting
Attachment "8" -
Color reduction of the Marisol Park Master Plan
2
?-.2...
RESOLUTION NO. /7 '69;5
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE MARl SOL PARK MASTER
PLAN
WHEREAS, the Parks and Recreation Department, in
conjunction with Rancho Del Rey Partnership, has developed the
Marisol Park Master Plan, the location and size of which was
established at the SPA Plan stage in FY 88/89; and
WHEREAS, a conceptual plan was initially prepared in
January, 1990 with a park size of 5.0 acres of useable area, with
an additional 1.0 acre of open space slope area; and
WHEREAS, the revised plan incorporates the following
facilities and features into the park development program:
Restroom/maintenance structure, two lighted tennis courts, play
area for pre-school ages (2-5) and school age children (5-12), open
lawn area for informal active uses, perimeter concrete walkway,
equestrian trail that connects the Bonita area to the Rice Canyon
trial, perimeter D. G. trail for jogging and walking exercise,
several picnic shelters with tables, benches, drinking fountains,
bike rack and related site furnishings; and
WHEREAS, the Parks and Recreation Commission, at its
meeting on March 16, 1995, unanimously approved the revised Marisol
Park Master Plan.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the Marisol Park Master
Plan.
~,'--
oved a
~
O=fY
Presented by
Jess Valenzuel Director of
Parks and Recreation
Bruce M.
Attorney
C:\rs\lIIarisol
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ATTACHMENT "A"
CITY OF CHULA VISTA PARKS AND RECREATION COMMISSION
March 16, 1995
PAGE 6
D. Marisol Park Master Plan
Martin Schmidt, Landscape Architect for the City of Chula Vista Parks and
Recreation Department, Craig Fukuyama of McMillin, and Jack N akawatase of ONA
presented the Marisol Park Concept Plan to the Parks and Recreation Commission.
1. Landscape Architect Schmidt explained the following features of the revised
plan:
a. Restroom and maintenance structure
b. Two lighted tennis courts
c. Play area for pre-school (age 2-5) and school age (5-12) children
d. Open lawn area for informal active uses
e. Perimeter concrete walkway
f. Equestrian trail that connects the Bonita area to the Rice Canyon trail
g. Perimeter decomposed granite trail for jogging and walking exercise
h. Several picnic shelters with tables
i. Benches, drinking fountains, bike racks, and related site furnishings
2. The total acreage of the park will be 6 acres, including the slope. The time
frame of completion is 1997/1998.
Motion to approve the Marisol Park Concept Plan.
MSUC Alevy / Sandova15-O.
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COUNCIL AGENDA STATEMENT
Item 7
Meeting Date 5/16/95
ITEM TITLE:
Public Hearing on the Resolution of Intention to form Assessment District 93-
01 pursuant to the Improvement Act of 1911
Resolution /? l' '1 ~ Making findings at public hearing pursuant to
Chapter 27 of the "Improvement Act of 1911"
SUBMITfED BV, 0;='", or "'bfir Work. ~
REVIEWED BY: City Manager-..J-1 ~~;, (4/5ths Vote: Yes_NolO
On March 28, 1995, Council adopted Resolution No. 17849 approving the boundary map for AD
93-01. At the same meeting, Council also approved Resolution of Intention No. 17850 (see
Attachment A) ordering the installation of alley improvements from J Street to Kearney Streets
between Elm Avenue and Second Avenue pursuant to the Improvement Act of 1911 (also known as
the 1911 Block Act) and setting public hearings for May 9 and 16, 1995. The public hearings are
being held to receive public testimony on the proposed district improvements. The first public
hearing was held on May 9. Three property owners spoke at the hearing in favor of the district
formation and one filed a formal written protest opposing the district. Council then closed the
hearing and directed staff to bring back to Council a report on financing alternatives for the 17
parcels in the district.
RECOMMENDATION: That Council:
1) Hold the public hearing;
2) Receive testimony;
3) Close the public hearing;
4) Approve the resolution making findings at public hearing pursuant to Chapter 27 of the
Improvement Act of 1911; and
5) Direct staff to bring to Council a resolution allowing property owners to defer payment
of their assessments and establishing the criteria that property owners must meet to qualify
for deferral.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
On November 23, 1993 the City council accepted a petition signed by the majority of the affected
property owners to form a special assessment district (1911 Block Act) for the construction of the
alley improvements between Elm and Second Avenues from J to Kearney Streets. The Act is a
financing mechanism which authorizes local agencies to impose assessments on benefited property
to finance the construction of public infrastructure facilities. In the past, the City has normally used
the 1911 Block Act to finance the installation of public improvements along developed residential
lots. The public improvements proposed to be financed through Assessment District (AD) 93-01
include pavement, speed humps, pedestrian ramps and miscellaneous appurtenant structures.
7-/
Page 2, Item 7
Meeting Date 5/16/95
Completion of the improvements is projected for the end of 1995.
All owners of property within the proposed assessment district (see Attachment B) have been mailed
notice of the public hearings including the estimated assessment to their properties. The boundary
map of AD 93-01 was filed in the County Recorder's Office on April 4, 1995. Also, as required
by the Act, the Resolution of Intention was published twice in a newspaper.
In compliance with the Act, each property owner within the proposed district was notified to
construct the public improvements fronting/abutting their property. The notice also indicated that
if said construction is not commenced within sixty (60) days after the notice is given, the City shall
proceed with the construction of the improvements and the cost of said construction shall then be
assessed as a lien on the property. As of May 9, 1995, none of the property owners has applied for
a construction permit to install the improvements. If the assessment is not paid upon confirmation,
the City shall collect the unpaid balance of any assessment semiannually in conjunction with the
collection of City taxes. In accordance with the Resolution of Intention the balance shall be paid
over a period of ten (10) years at an interest rate of 7 % per annum.
All sixteen owners of property within the district were invited to attend a meeting on February 16,
1995 at which details of the project were discussed. Only six owners attended the meeting. Those
property owners who were unable to attend the meeting were informed on March 13, 1995 by
registered mail on the status of the project. The major concerns brought up by the owners during
the meeting were: 1) paving material cost (cement vs. asphalt); and 2) need and location of the speed
humps.
As of May 9, 1995, only one property owner, Ms. Susie Huggings of 717 Second Avenue, has filed
a formal written protest to the district formation (see Attachment C). In addition to a potential
increase in security risks and pollution/noise arising from the paving of the alley, Ms. Huggings
states in her letter that the imposition of the assessment will cause an undue financial hardship. Staff
has identified financing alternatives (Attachment D) that might lessen the financial impact of the
proposed assessments. These payment alternatives are:
1. Semi-annual payments (principal & interest) over a period of ten (10) years. This is the
payment schedule established by the Resolution of Intention.
2. Semi-annual payments (interest only) and payment of the principal at the end of a 10-year
term or at the time the property is transferred, whichever occurs first. At the end of the 10
years Council may grant, on a case-by-case basis, a time extension to fulfill the payment
obligations.
3. One payment (principal and accumulated interest) at the end of a 10-year term or at the time
the property is transferred, whichever occurs first. At the end of the 10 years Council may
grant, on a case-by-case basis, a time extension to fulfill the payment obligations.
In accordance with the 1911 Block Act, any deferred payment scheme (alternatives 2&3) shall be
approved by a City Council resolution. Council shall also determine the criteria that property owners
must meet to qualify for deferral. It is recommended that the owners qualifying for deferral meet
one of the following criteria:
7-2.
Page 3, Item 7
Meeting Date 5/16/95
1. Have an income less than or equal to the HUD Low Moderate Income standards as contained
in the City's Master Fee Schedule (Attachment E).
2. A demonstrated financial hardship approved by Council. (For example, a senior citizen,
retired, and unable to pay the assessment.)
Staff proposes to bring to Council the resolution allowing the property owners to defer the payment
of their assessment and setting the above criteria as the criteria to qualify for deferral in conjunction
with the award of the construction contract (by mid-July 1995). In the meantime, staff will meet
with the property owners to explain in detail the payment options and receive their input. Qualifying
property owners that elect a deferred payment must then enter into a deferral agreement with the
City.
Estimated Assessments
The estimated assessments provided to the property owners were based on a project cost estimate of
$96,000. The City will finance the construction of the improvements originally estimated at $72,000
and will be reimbursed by the property owners to the City through the formation of AD 93-01 and
the collection of assessment installments with their property taxes. Design, inspection and district
formation costs estimated at $24,000 will not be reimbursed and will be absorbed by the City in
accordance with Council Policy 505-1 (Attachment F), though it does not specitically apply to alley
improvements. The original total assessment amount of $72,000 was spread based on the amount of
frontage on the alley. Individual assessments based on this estimate range from $3,403 to $7093 (see
Attachment G).
At the time of approval of the Resolution of Intention (March 28, 1995), the construction cost
estimate was $72,000. Later, this estimate was revised to $77,150 to include the installation of the
speed humps requested by the property owners. Staff considers that this cost estimate is conservative
and expect to receive bids closer to the original cost estimate. Tonight's action by the City Council
is not binding on the property owners in the event the bids come in higher than $72,000. After the
bids are opened the project comes back to Council for award, the actions will include notice to the
property owners of a public hearing with an opportunity to review any assessment increase. At that
time the property owners may request the Council to stop the district proceedings because of the cost
increase.
Resolutions
Tonight's action will continue the proceedings for the formation of AD 90-03 pursuant to the 1911
Block Act. By approving the proposed resolution Council will make the following findings:
1. The City Council of the City of Chula Vista, California, has instituted proceedings pursuant
to the provisions of Chapter 27 of the "Improvement Act of 1911 being Division 7 of the
Streets and Highway Code of the State of California for the construction of certain authorized
improvements in a special assessment district known and designated as Assessment District
No. 93-01 (AD No. 90-03)
2. Notice has been given in the manner and form as required by law and specifically Article II,
Part 3, of Division 7 of the Streets and Highway Code, and a Certificate of Compliance is
on file in the office of the City Clerk (Attachment H).
7-)
Page 4, Item .2
Meeting Date 5/16/95
3. A public hearing has been held and all testimony and evidence heard relating to the work of
improvement as proposed for the Assessment District, and the legislative body is desirous
at this time to proceed.
4. All protests of every nature are hereby overruled and denied.
5. The Superintendent of Streets is hereby directed to proceed and cause the construction of
the works and improvement in said Assessment District if said construction is not commenced
with sixty (60) days after notice is given to the property owner (by 5/27/95) cause the work
to be done.
6. The works of the improvement shall be done and carried through and financed pursuant to
the provisions of Chapter 27 of the "Improvement Act of 1911" and for all particulars as to
these proceedings, reference is made to the Resolution ordering the installation of the public
improvements and instructing the Superintendent of Streets to give notice.
7. The works of improvement and project shall be financed pursuant to the provisions of said
Chapter 27, and the City shall collect each assessment remaining unpaid following the
expiration of a 30 day cash collection period. Said balance shall be payable over a period
of 1 0 years at an interest rate of 7 % per annum. The City shall collect the unpaid balance
of any assessment on the district properties semi-annually in conjunction with collection of
City taxes, excepting those properties for which a payment deferral has been approved. The
collection of assessments on these properties shall be in accordance with the payment
schedule stipulated in their deferral agreement.
Future Actions
Bid results and award of the construction contract would be submitted to Council by mid-July 1995.
This item will include a public hearing where the property owners can review their assessments based
on bids and, if they so desire, request Council to stop the district proceedings. Pursuant to the 1911
Block Act, confirmation of the assessments will be brought before Council after the improvements
are constructed (by the end of 1995).
FISCAL IMPACT: The City will finance the construction of the improvements ($72,000) and will
be reimbursed by the property owners over a period of ten (10) years. The estimated cost for
design, inspection and district formation cost ($24,000) will be absorbed by the City. Funds are
available in STL-220 to cover the construction cost. Additional funds are included in the proposed
FY 95/96 CIP budget to cover possible shortages in funding should the bids come in closer to the
current estimate. This type of assessment district does not fall within the guidelines of Policy 505-02
for payment for an origination charge because it is not a developer initiated district. Assessment
districts formed for the benefit of existing residential properties are exempt from the policy.
Attachments:
A.
B.
C.
D.
E.
F.
G.
H.
Resolution No. 17850
Boundary Map
Protest Letter from Ms. Huggings
Financing Alternatives
HUD Low Moderate Income Standards
Council Policy 505.1
Estimated Assessments
Notice Requirements LDT:A Y -091
M: Ihome\engineer\agenda \pubhrg3.jef
7-'1
RESOLUTION NO.~8"9f
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
MAKING FINDINGS AT PUBLIC HEARING PURSUANT TO CHAPTER 27
OF THE "IMPROVEMENT ACT OF 1911" REGARDING THE FORMATION OF
ASSESSMENT DISTRICT 93-01
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1.
Findinl!s: The City Council does hereby find as follows:
A. The City Council of the City of Chula Vista, California, has instituted
proceedings pursuant to the provisions of Chapter 27 of the
"Improvement Act of 1911 being Division 7 of the Streets and
Highway Code of the State of California for the construction of
certain authorized improvements in a special assessment district
known and designated as Assessment District ^No. 93-01 (AD No.
90-03).
B. Notice has been given in the manner and form as required by law and
specifically Article II, Part 3, of Division 7 of the Streets and
Highway Code, and a Certificate of Compliance is on file in the
office of the City Clerk.
C. A public hearing has been held and all testimony and evidence heard
relating to the work of improvement as proposed for the Assessment
District, and the legislative body is desirous at this time to proceed.
Section 2.
That all protests of every nature are hereby overruled and denied.
Section 3.
The Superintendent of Streets is hereby directed to proceed and cause the
construction of the works and improvement in said Assessment District if said
construction is not commenced within sixty (60) days after notice is given to
the property owner (by 5/27/95) to so cause the work to be done.
Section 4.
That the works of improvement shall be done and carried through and
financed pursuant to the provisions of Chapter 27 of the "Improvement Act
of 1911", and for all particulars as to these proceedings, reference is made
to the Resolution ordering the installation of the public improvements and
instructing the Superintendent of Streets to give notice.
7~ ..5
Section 5.
The works of improvement and project shall be financed pursuant to the
provisions of Chapter 27, and the City shall collect each assessment
remaining unpaid following the expiration of a 30 day cash collection period.
Said balance shall be payable over a period of 10 years at an interest rate of
7 % per annum. The City shall collect the unpaid balance of any assessment
on the district properties semi-annually in conjunction with collection of City
taxes, excepting those properties for which a payment deferral has been
approved. The collection of assessments on these properties shall be in
accordance with the payment schedule stipulated in their deferral agreement.
Presented by
Approved as to form b
John P. Lippitt
Director of Public Works
ruce M. Boogaard
ity Attorney
c:\RS\II.SdISTRICT.931
7~t
I++~ J-., ~+ A
RESOLUTION NO. 17850
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ORDERING INSTALLATION OF IMPROVEMENTS IN
ALLEY FROM J STREET TO KEARNEY STREET BETWEEN ELM
AVENUE AND SECOND AVENUE, ORDERING THE
SUPERINTENDENT OF STREETS TO GIVE NOTICE ANO ORDER
CONSTRUCTION AND SETTING PUBLIC HEARINGS ON
RESOLUTION OF INTENTION TO FORM ASSESSMENT DISTRICT
93-01 PURSUANT TO THE BLOCK ACT OF 1911
WHEREAS, the City Council of the CITY OF CHULA VISTA, CALIFORNIA, is desirous
to institute proceedings pursuant to the provisions of Chapter 27 of the "Improvement Act
of 1911", of the Streets and Highways Code of the State of California for construction of
certain authorized improvements in a special assessment district known and designated as
Assessment District 93-01 1911 BLOCK ACT affecting properties fronting/abutting alley from
J to Kearney Streets between Elm and Second Avenue (hereinafter known and designated as
the "Assessment District"); and,
WHEREAS, Sections 5875 and 5876 of said Streets and Highway Code authorize the
legislative body, upon its own motion, to order the installation of authorized improvements
in front of or abutting properties with the costs thereon to be assessed as set forth under the
provision of said Chapter 27.
WHEREAS, Section 5131 requires a resolution of intention to form an assessment
district to perform such work and Section 5132 requires public hearings to hear objections by
those affected by the district formation.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1.
SECTION 2.
SECTION 3.
That the above recitals are true and correct.
That the public interest and convenience requires, and this legislative body
hereby orders the construction and installation of certain improvements to
an alley by installing PCC pavement in the special assessment district,
including speed humps, pedestrian ramps and appurtanances where
required, excepting acceptable improvements in place in the City in what is
known es the Assessment District.
All of the above mentioned works of improvement ,hall be generally
constructed et the grades, along the lines, between the points, and at the
places and in the manner as shown on the plans for said work designated
by the number and the name of the Assessment District, which said plans
are hereby approved and adopted. For all particulars as to the alignment of
the works and a full and detailed description, reference is hereby made to
said plans and specifications as on file in the Office of the City Engineer.
7-?
Resolution No. 17850
Page 2
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
That the works of improvements. in the opinion of this legislative body. will
benefit the abutting and fronting properties within said block. and this
legislative body hereby makes the expenses of said improvement chargeable
upon the property or properties within the boundaries of the Assessment
District. which District is declared to be the IIrea IInd abutting proparties
benefitting by the work and improvements for a general description of the
Assessment District and IIrea of benefit. reference is made to a map of said
district previously approved IInd said map identified by number of this
Assessment District, IInd said map shall be kept on file with the transcript
of these proceedings and open to public inspection.
Pursuant to the provisions of Section 5875 of the provisions of Chapter 27
of the "Improvement Act of 1911". it is hereby declared to be the
responsibility of the owners of the lots or portions of lots fronting/abutting
the public alley where this legislative body. pursuant to said Section, by its
own motion. orders the installation of the improvements, and the property
owners shall have the duty and responsibility of constructing or causing the
construction of said improvements fronting\abutting their properties to
commence within sixty (60) days upon notice so to do by the
Superintendent of Streets. If the work is not commenced by the property
owners within said period. the Superintendent of Streets shall proceed to
cause said work to be completed.
That all of the work and improvements herein proposad shall be done and
carried through and financed pursuant to the provisions of Chapter 27 of
the "Improvement Act of 1911". of the Streets and Highways Code of the
State of California. For all particulars. reference is made to said "Act", and
the provisions contained therein.
NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 9TH AND 16TH OF
MAY 1995. AT THE HOUR OF 6:00 P.M.. IN THE REGULAR MEETING
PLACE OF THE CITY COUNCIL. BEING THE COUNCIL CHAMBERS, PUBLIC
SERVICES BUILDING. 276 FOURTH AVENUE, CHULA VISTA, CA., ANY
AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK
OR IMPROVEMENTS OR THE PROCEDURE ESTABLISHED HEREIN SHOULD
APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE CARRIED
OUT IN ACCORDANCE WITH THIS RESOLUTION.
If the work is done by the City, and if the assessment cost is not paid upon
confirmation of the assessment. the City ,hall collect payment of the
assessments. annuel instellmants, and interest in accordance with the
provisions of Section 5895 of Chapter 27 of the -Improvement Act of
191 1 " , of the Streets and Highways Code of the State of Cllifornil. The
number of Innual installments ,hall be 10 Ind the interest rltl ,hall be 7
percent per Innum.
7-~
SECTION 9.
SEC, ,ON 10.
SECTION 11.
Presented by
Resolution No. 17850
Page 3
The Superintendent of Streets is hereby directed to notify the owner or
person in possession of the properties fronting/abutting that portion of the
alley in the block where work is to be constructed and directing them to
construct or cause to be constructed the improvements within sixty (60)
days after notice is given, and to diligently and without interruption
prosecute to completion said work.
A. Notice shall be given by mailing a letter, postage prepaid, to the property
owners at their last known address as the same appears on the last
equalized essessment roll used by the City for tex collection, or to the
name and address of the person owning such property as shown on the
records of the City Clerk.
B. The City Clerk shall cause a copy of the proposed boundary map to be
filed in the Office of the County Recorder within fifteen (151 days after
the adoption of this Resolution setting dates, time and place for the
public hearings.
C. The City Clerk shall cause the Resolution of Intention to be published
twice, with the first publication occurring et least ten (10) days prior to
the second public hearing.
The estimated cost to the City of the works of improvement es proposed
under these proceedings, is estimated to be $72,000,00.
For any and all information relative to these proceedings, including the
information relating to the protest procedure, your attention is directed to
the person designated below:
Donna Snider, Civil Engineer
City of Chula Vista
P,O.Box 1087
Chula Vista, CA 91910
Telephone: (619) 691-5266
.-.
ohn P. Lippitt
Director of Public Works
ruce M. Boogaard
City Attorney
~
7-9
Resolution No.1 7850
Page 4
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of March, 1995, by the following vote:
YES: Councilmembers:
Fox, Moot, Padilla, Horton
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Rindone
ABSTAIN: Councilmembers:
None
/;;/',;/ //I~'
Shirley Horton, Mayor J
.
ATTEST:
'-d ( / ~
I ;h~ {(. - /,U
Beverly fl.. Authelet. City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No.1 7850 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 28th day of March
1995.
Executed this 28th day of March, 1995.
7/t/
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PROPOSED BOUNDARIES
ASSESSMENT DISTRICT 93-01
.
1911 ACT IMPROVEMENT DISTRICT
. CITY or CHULA VISTA, COUNTY
or SAN DIEGO, STATE OF CAJ..J:FORNIA
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D715-104l)13-01
..0. NO. AYOII
7-//
\
1f.J. (A c. M""" C
May 8, 1995
The city Council
City of Chula Vista, California
Council Chambers, City Hall
Chula Vista, CA 91910
Subject,
Assessment District No. 93-01 (Alley Impro.ements),
protest to
I am an 83 year widow who liyes alone at 717 Second A.enue in
Chula Vista. I haye a large back yard, the back border ot which
would abut the alley in question if it were built. I strenuously
oppose and rigorously protest the formation of Assessment District
No. 93-01 tor the following reasona,
a. Such an alley would open the area to unauthorized and illegal
aliens, the homeless, unwanted drifters, and the like and put
me unnecessarily in danger and at physical risk.
b. Where now there is only priyate property and peace and quiet,
the pUblic alley would generate noiae from passing cars and trucks,
barking dogs, possible street gang incidents, etc thereby causing
anxiety and undue mental strees upon me and others.
c. An alley would prOTide easy access to my property and personal
furnishings in my back yard encouraging and act\lally inTi ting
theft.
d. I am on a small fized income and an assessment of oyer $3000
would decrease my monthly income and meager saYings to a critical
point that could result in the 1088 of my property.
e. My husband bull t this hOIDe for 1IIe many years ago and I would
like to continue li.ing here until I die. Creation at a .back
alley. would, I belieTe, cause 1IIe so much anxiety that I would
ha.e to IDo.e.
In addition to the aboye, I do not belieye that an alley would
se~e any useful purpose to the people who liTe there or to the
public in general.
Sinc ere 11 , ~
L~'0. . ~
Susie Huggins
717 Second ATe.,
Chula Vista, CA 91910
(619) "22-4630
?/ / e2
P#Ifl ~ 1...1'1 AJ+ V
ASSESSMENT DISTRICT No 93-01
PAYMENT SCHEDULES
Estimated Alternative 1 Alternative 2 Alternative 3
Asmt# Name Assessment Semi-annual Total Payment Semi-annual Total Payment Semi-annual Total Payment
Payment Payment Payment
1 Marrufo $6,999 $492 $9,849 $245 $11,898 $0 $13,768
2 Hirtzel $3,652 $257 $5,139 $128 $6,208 $0 $7,184
3 Huggings $3,652 $257 $5,139 $128 $6,208 $0 $7,184
4 Miller $3,652 $257 $5,139 $128 $6,208 $0 $7,184
5 Monge $3,652 $257 $5,139 $128 $6,208 $0 $7,184
6 Gilman $3,652 $257 $5,139 $128 $6,208 $0 $7,184
7 Iwashita $3,652 $257 $5,139 $128 $6,208 $0 $7,184
8 Vega $7,093 $499 $9,981 $248 $12,058 $0 $13,953
9 Marrufo $6,086 $428 $8,564 $213 $10,346 $0 $11,972
10 Unger $3,043 $214 $4,282 $107 $5,173 $0 $5,986
11 Murphy $3,043 $214 $4,282 $107 $5,173 $0 $5,986
12 Hall $3,043 $214 $4,282 $107 $5,173 $0 $5,986
";J 13 Norton $3,043 $214 $4,282 $107 $5,173 $0 $5,986
~ 14 Artiche $3,043 $214 $4,282 $107 $5,173 $0 $5,986
15 Janiec $3,043 $214 $4,282 $107 $5,173 $0 $5,986
16 King $6,086 $428 $8,564 $213 $10,346 $0 $11,972
17 Ochoa $5,572 $392 $7,841 $195 $9,472 $0 $10,961
$72,006
Descriotion of Alternatives
Alternative 1
Semi-annual payments (principal and interest) over a period of 10 years
at an interest rate of 7% per annum
Alternative 2
Semi-annual payments (interest only) over a period of 10 years
at an interest rate of 7% per annum. Principal is paid at end of the 1 O-year term
Alternative 3
One payment (principal and accumulated interest) at the end of the the 1 O-year term
at an interest rate of 7% per annum.
,4 .' f7t1.~rl14J +- E
"
HUD LOW MODERATE INCOME STANDARDS
No. in Household Maximum Annual Family Inoome (Gross
for Eligibility
1 $15,350
2 17,650
3 19,750
4 21,950
5 23,700
6 25,450
7 27,200
8 28,950
...
!'
Plus $1,000 annual income allowed for each additional person in the household in
excess of eight.
~
WPC:F:\HOME\GERALDY\ 186.92
7- JL!
~H~"A.me.J'" f
COUNCIL POLICY
CITY OF CHUrA VISTA
{
ADOPTED BY:
Resolution No. 11373
POLICY EFFECTIVE
NUMBER DATE PAGE
505-01 08-30-83 1 OF 6
I DATED: 08-30-83
SUBJECT: PARTICIPATION BY THE CITY OF OiULA
VISTA IN 1911 BLOCK ACT PROGRAM
PROCEEDINGS
BACKGROUND
There are properties within the City limits that do not have full street improvements. In the past, Council has
directed the owner> of citical unimproved parcels to install their missing public improvements. The 1911
Block Act Proceedings were utilized in most instances. As an encouragement for property owner participation,
the City has contributed funds for the completion of certain items of work (i.e., grading, pavement
installation, etc.). Also, the City consistently has contributed engineering inspection and administrative
sen;ces at no charge to the property owner(s). However, there is no Council adopted policy regarding City
participation in 1911 Block Act improvement construction proceedings.
This policy is designed to encourage the installation of missing improvements along develooed residential lots.
It specifically sets City participation goals for the improvement of comer, non-comer, and double frontage
residential lots. The policy reaffirms City Council intent to require the installation of public improvements
adjacent to undevelooed property (residential, commercial, and industrial) through the formation of 1911 Act
Assessment Districts or through the subdi\;sion and building permit approval procedures.
This policy shall only apply to areas incorporated on or before this policy's effective date.
PURPOSE
To establish a policy for participation by the City in the construction of public improvements via the 1911
Block Act Proceedings (Chapter 27, Street and Highways Code of the State of California).
POUCY
The City Council establishes the following policy for City participation in 1911 Block Act Program
proceedings:
1. General Particioation
a. The City, at no cost to the property owner(s) shall provide all engineering, inspectioo and
administrative services necessary to install missing improvements via the 1911 Block Act Program
proceedings.
b. It shall be the City's responsihility to relocate all existing public improvements found to be in
conflict with the proposed street improvement construction. Such improvements shall include, but
not be limited to: street lights, traffic signal standards, drainage structures, fire hydrants, ete.
c. Engineering staff shall meet individually with each property OWDer prior tn the program's public
hearing to hand deliver initial correspondence and to explain the plans, proceedings and this policy.
Final engineering plans and project specifications shall reflect as close as practicable, the property
owner(s) concerns provided they reflect standard engineering practice.
7-/5
COUNCIL POLICY
CITY OF CHUIA VISTA
SCBJECT: PARTICIPATION BY TIiE CITY OF mULA
VISTA IN 1911 BLOCK ACf PROGRAM
PROCEEDINGS
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
ADOPTED BY:
Resolution No. 11373
505-01 08-30-83 2 OF 6
I DATED: 08-30-83
d. Prior to the end of each fiscal year, the City Engineer shall submit to the City Council for approval
under this program, a recommended list of projects for scheduling in the ensuing fiscal year.
Funding for the program shall be determined annually and shown in the Capital Improvement
Program.
e. City participation in this program shall be limited to developed parcels that cannot be split into lots
or building sites.
2. Developed Residential Lots
a. Non-Comer Lots
It shall be the City's responsibility to overlay or reconstruct the roadway travelway adjacent to
non-comer lots when the travelway is already improved and needs an overlay or reconstruction to
accommodate drainage or traffic safety requirements.
The City's responsibility described above is shown on Figure 1 (anached).
b. Comer Lots
For the purposes of this policy, the comer lot front lot line shall be defined to be the sboner of the
two adjacent street lot lines. In this case of a non-rectangular comer lot, the front lot line sball be
the average width of the lot. (See Figure 2).
It shall be the City's responsibility to:
(1) Install curb, gutter, sidewalk and pavement (if non-existent) adjacent to 1/2 the comer lot's side
street frontage.
(2) Overlay or reconstruct the side and frontage street's travel way wben needed to accommodate
drainage or traffic safety requirements.
(3) In the event that there are improvements already existing along the corner lot's sid. property
frontage already existing, these improvements sball be credited to the City if they need not be
removed to accommodate the improvements to be installed.
The City's responsibility described above is depicted on Figure 3 (attached).
3. Dual Frontne Lots
It sball be the City's responsibility to:
7~/?
COUNCIL POLICY
CITI' OF CHUlA VISTA
SUBJECf: PARTICIPATION BY THE CI1Y OF mULA
VISTA IN 1911 BLOO< ACT PROGRAM
PROCEEDINGS
POLICY
NUMBER
EFFECfIVE
DATE
PAGE
ADOPTED BY:
Resolution No. 11373
505-01 08-30-83 3 OF 6
I DATED: 08-30-83
a. Install curb, gutter. sidewalk. and pavement (if non-existent) adjacent to the entire lot's rear street
frontage.
b. Overlay or reconstruct the lot's rear street travelway when needed to accommodate drainage or
traffic safety purposes.
For purposes of this polic)'. dual frontage lots shall be a lot having frontage on rwo parallel or
approximately parallel streets, none of which is an 'alley".
4. Developed Industrial/Commercial Lots
The City contribution towards the construction of improvements adjacent to developed
industrial/commercial lots shall be limited to:
a. The overlay or reconstruction of existing roadway travelway areas when found to be required for
drainage or traffic s.aIety purposes.
S. Undeveloped Residential. Industrial and Commercial Lots
This policy shall reaffirm the Cit)' Council's intent to require the installation of missing improvements
adjacent to undeveloped lots (both comer and non-comer with and without double street frontages)
through:
a. 1911 Act Assessment District procedures.
b. subdivision requirements, and
c. building permit approval requirements.
There shall be no City contribution towards the construction of improvemenu adjacent to undeveloped
residential, industrial and commercial Iou. In the event that an owner petitions the City for inclusion of
his/her undeveloped parcel in a 1911 Block Act Program. all expenses shall be bome by said owner.
6. ApplicabililV
This policy shall be applicable to areas within the Clula Vista City limiu on or before iu effective dale.
7-/7
COUNCIL POLICY
CfTI' OF CHUrA VISTA
( JUBJECf: PARTICIPATION BY THE CITY OF OiULA
VISTA IN 1911 BLOO< ACT PROGRAM
PROCEEDINGS
ADOPTED BY: Resolution No. 11373
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SUBJECT: PARTICIPATION BY THE em OF OiULA
VISTA IN 1911 BLOCK ACT PROGRAM
PROCEEDINGS
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NUMBER DATE
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ADOPTED BY: Resolution No. 11373
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Frontage Estimated
No. APN Name (ft) Assessment
1 573-351-03 Marrufo 115 $6,999
2 573-351-04 Hirtze! 60 3652
3 573-351-05 Huggins 60 3652
4 573-351-06 Miller 60 3652
5 573-351-07 Monge 60 3652
6 573-351-08 Gilman 60 3652
7 573-351-09 Iwashita 60 3652
8 573-351-11 Vega 116.54 7093
9 573-351-13 Marrufo 100 6086
10 573-351-16 Unger 50 3043
11 573-351-17 Murphy 50 3043
12 573-351-18 Hall 50 3043
13 573-351-19 Norton 50 3043
14 573-351-20 Artiche 50 3043
15 573-351-21 J aniec 50 3043
16 573-351-22 King 100 6086
17 573-351-23 Ochoa 91.55 5572
TOTAL 1183.09 $72,006
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File AD 9301-02
CERTIFICATE OF COMPLIANCE
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
BEVERLY AUTHELET, under penalty of perjury, hereby CERTIFIES that the undersigned is the
duly appointed, qualified and acting CITY CLERK of the CITY OF CHULA VISTA,
CALIFORNIA.
Acting in my official capacity, I gave notice to construct improvements in a special assessment
district known and designated as
ASSESSMENT DISTRICT 93-01
(hereinafter referred to as the "Assessment District") in the following manner:
A copy of said Notice was mailed, postage prepaid, on the 3rd day of April, 1995, to the person in
possession of said property or to the owner thereof at his last know address as the same appears on
the last equalized assessment of the County, or as their names and addresses are know to me. A
copy of said Notice is attached hereto.
A copy of the proposed boundary map of the Assessment District was filed in the Office of the
County Recorder on the 4th day of April, 1995, being within fifteen (15) days after the adoption of
the Resolution Setting Public Hearing. Filing data is as follows:
Proposed Boundaries Assessment District 93-01 - 1911 Act Improvement District, City of Chula
Vista - filed in the office of the County Recorder of San Diego County, California on the 4th day
of April, 1995 Book 29, Page 20 Document No. 1995-140615
*-
EXECUTED this 'is -
day of
~~)'^
\
, 1995, at Chula Vista, California.
, \ "\~~
2I1~ ~iE~K >--))0' \ \~~'\
CITY OF CHULA VIST
STATE OF CALIFORNIA
DDS:dh
(M:\... \agenda\AD93-I.jef)
7~ ;2.2
CITY COUNCIL AGENDA STATEMENT
Item
Meeting Date 5/16/95
~
ITEM TITLE:
PUBLIC HEARING: To review:
A) FY 1995-1999 draft Consolidated Plan and consider public comment
and testimony regarding the plan; and,
B) Housing and community development needs for 1995-1996 Community
Development Block Grant (CDBG) Program, including consideration of
funding requests for public services, community development, and capital
improvements.
SUBMI1TED BY: Community Development J?i"ftor
REVIEWED BY: City Manager~ ~ .g~\
'----'
G_S,
(4/5ths Vote: Yes
No.xJ
BACKGROUND:
Each year the City completes a process to solicit and approve programs and projects eligible for Federal
funding. This item addresses the annual CDBG review and a first-time adoption of a Consolidated Plan.
The Consolidated Plan introduces a new consolidated process from the Department of Housing and
Urban Development (HOO) that replaces all current planning and application requirements of four
formula programs with a single submission. These programs are the Community Development Block
Grant (CDBG), HOME Investment Partnership (HOME), Emergency Shelter Grant (ESG), and Housing
For Persons With AIDS (HOPWA) programs. Because the City of Chula Vista is a entitlement
jurisdiction for the CDBG and HOME programs, it is these two programs only that will be consolidated
for the City of Chula Vista.
HOO is requiring that all jurisdictions submit a Consolidated Plan for FY 1995-96 to FY 1999-2000.
It is hoped that through this document and other efforts HOO is implementing that jurisdictions will
be relieved of repetitive and burdensome planning and reporting requirements. This process will also
assist jurisdictions to coordinate and manage all federal resource programs under one consolidated
approach.
The Consolidated Plan also replaces what was formerly known as the Comprehensive Housing
Affordability Strategy (CHAS). Much like the old CHAS, the new Consolidated Plan is a planning
document that identifies Chula Vista's overall housing and community development needs, outlines a
five year strategy to address those needs, and describes a one year action plan for the expenditure of
all Federal HUD resources. Again, for the City of Chula Vista, these resources are the CDBG and
HOME programs.
The City of Chula Vista is eligible to receive $2,162,000 in CDBG entitlement funds from the
Department of Housing and Urban Development (HUD) for FY 1995-96 and will have available
2T'j
Page 2, ItemL'
Meeting Date 5/16/95
$116,825 in reallocation or surplus funds from completed programs and projects!. This gives the City
a total of $2,278,825 in CDBG funds for FY 1995-96. These funds will primarily benefit low and
moderate income families, with a minimum of 70 percent of the funds targeted to benefit low income
households. Accompanying this report and the draft Consolidated Plan document is the 1995-96 CDBG
Notebook. Although not a HUD requirement, the CDBG Notebook has been used as a local tool by
staff and Council Members for many years to display an overall picture of all the CDBG requests for
funding received on an annual basis. The notebook compiles all the social service, capital improvement
and community projects and programs for FY 1995-96. Page references in this report are to specific
pages in the CDBG Notebook. All of the project and program descriptions contained in CDBG
notebook are also summarized in the Action Plan portion of the Consolidated Plan.
In addition to CDBG, the City will receive $708,000 in HOME funds from HUD for FY 1995-96.
These funds will be utilized by the City for affordable housing projects as described in the Consolidated
Plan. Together, the City will be able to invest into the community an estimated grand total of
$2,986,825 for FY 1995-96.
Per HUD regulations, the City must hold a 30 day comment period for the public to review the
Consolidated Plan and make comments or suggest changes. This 30 day period started May 6, 1995
and will end June 5, 1995. All comments andlor suggestions will be recorded in the appendix of the
document whether utilized in its final version or not. Staff will return to the City Council on June 6,
1995 for final approval of the Consolidated Plan.
An additional segment of this public hearing is to afford residents of Chula Vista and the City Council
the opportunity to comment on the manner in which CDBG funds should be allocated to meet the City's
housing and community needs. No staff recommendations are being made at this time and the City
Council is not expected to take any action other than to give desired direction. After thorough
consideration of public comment, staff will prepare an additional report presenting CDBG funding
recommendations for Council deliberation and action at the June 6, 1995 meeting.
RECOMMENDATION: That the City Council conduct a public hearing to review and accept public
comment regarding: A) the draft FY 1995-1999 Consolidated Plan; and, B) housing and community
development needs for the 1995-96 CDBG program, accept the staff report , and direct staff to return
on June 6, 1995 with a final draft of the Consolidated Plan and with a CDBG funding recommendation
report.
BOARDS/COMMISSIONS RECOMMENDATION: A CDBG ad-hoc committee consisting of
members from the Commission on Aging, Human Relations, Child Care and Youth Commissions have
reviewed the CDBG social service funding requests and have made funding recommendations (see pages
! The City could face a reduction in CDBG entitlement funds due to a proposed rescission bill (H.R.
1158) passed by the House of Representatives which cut FY 1995-96 CDBG and other HUD funds.
These funds are currently under discussion in the conference committee of the House and Senate. The
City has taken action via the Legislative Committee to oppose these cuts with letter of opposition sent
to each chamber's committees and our local representatives.
7,;2
Page 3, Item ?
Meeting Date 5/16195
20-24). The Housing Advisory Commission (HAC) reviewed the housing related proposals and made
funding recommendations. The HAC also held a special meeting on May 15, 1995 to review the draft
Consolidated Plan and an affordable housing proposal. Minutes from the CDBG ad-hoc committee and
the Housing Advisory Commission are included in the Notebook (pages 20-27)
DISCUSSION:
Introduction: Prooosed Budl!et
For the 1995-96 CDBG program, the City of Chula Vista has total estimated revenue of $2,278,825.
The total amount of CDBG funding requested, which includes all funding requests from community
organizations, is summarized as follows:
Administration and Plannin~ (5 requests)
Social Services Fundin~ (33 requests)
Capital Improvement Proiects (5 projects)
Community Projects (8 projects)
TOTAL OF ALL REQUFSTS
$ 364,626
$ 659,592
$3,048,000
$1.128.745
$5,200,963
The total amount of funding requested exceeds the total amount of CDBG revenue by about $2,922,138.
Program regulations place a 15 percent cap on social service funding, which will limit the social
services allocation to $324,300; this is $335,292 less than the total amount requested. A detailed
preliminary 1995-96 CDBG program budget is in the Notebook (see page 1).
In order to be eligible for block grant funding, a project or service must address at least one of the
CDBG national objectives which are: 1) Benefit primarily low and moderate income families, 2) Aid
in the prevention or elimination of slums or blight, 3) Meet other community needs having a particular
urgency.
In 1993, the City Council adopted the 1993-94 to 1995-96 Community Development Plan (see page 2).
This plan outlines the City's specific community development goals and objectives for the CDBG
program and provides guidance for making allocation decisions.
Administration and Plannin~ Summary
The following is a summary of the 1995-96 CDBG staff administration and planning activities totalling
$364,626 which includes the following:
.
Staff Administration
$220,000
These administrative costs represent less than five percent of the total budget and includes staff costs
for coordination, accounting, monitoring of sub-recipients, environmental review, and reporting
requirements.
In addition, the City has received the following five requests for funding which are eligible planning
and administrative activities; these requests for funding total $144,626. The requests for funding are
included in the Notebook and are summarized as follows:
~;J
Page 4, Item (
Meeting Date 5/16/95
.
Chula Vista Fair Housing Program
$50,626
CDBG regulations require the City to undertake proactive fair housing activities. In order for the City
to fulfill this commitment, the San Diego Fair Housing Council will provide a comprehensive fair
housing program. Their proposed activities include education and outreach, a tenant-landlord hotline,
follow-up on discrimination complaints and rental dwelling discrimination testing. This program is
designed to comply with HUD requirements (see proposal - Tab C).
.
Chula Vista Human Service Council
$28,000
The Human Services Council builds coalitions among Chula Vista area social service providers in order
to bring more funding for needed services into the South Bay. The funds are requested to hire a part-
time coordinator (see proposal - Tab B).
.
Parks and Recreation Human Services Coordinator
$15,000
This coordinator facilitates the provision of social services and coordinates information and referral at
the Norman Park Senior Center. In addition, this person will assist with sub-recipient monitoring and
overall staff coordination of CDBG funded social service programs.
.
San Diego Regional Task Force on Homeless
$1,000
This grant will assist the task force with important regional homeless reports and special studies which
are regularly incorporated into local documents such as the Housing Element, Consolidated Plan and
grant proposals for federal and state funding (see proposal - Tab J).
.
MAAC Project - Lead-Based Paint Testing
$50,000
Funds will be specifically utilized to provide assessments of lead contaminated homes in the City.
MAAC Project is EP A qualified and state certified for Lead Base Paint Abatement.
Social Service Fundinl! Reauests
The City received 33 eligible requests for social services funding from non-profit community
organizations, totalling over $659,592. All of the requests for funding are included in the Notebook
under the Social Services Projects section and a summary of all the proposals is found on pages 7-18.
For 1995-96, the City may allocate up to $324,300 for social service organizations, based upon a 15
percent cap of the entitlement funds. This is approximately a $53,000 increase over last year's 15%
cap amount, representing the highest amount of funds ever available to social service programs.
However, the amount of CDBG funds available to social service agencies is not expected to increase
in the future as in past program years due to HUD resource reductions anticipated at the federal level.
On average over the past five years, the City has allocated approximately $250,000 (15% cap) per year
to social service organizations.
~~(
Page S, Item ~
Meeting Date 5/16195
All of the funding requests from social service organizations are CDBG-eligible as they meet the
national objective to primarily benefit low income families. A CDBG ad-hoc committee consisting of
members from the Commission on Aging, Human Relations, Child Care and Youth Commissions
reviewed the social service funding requests and made their funding recommendations (see pages 20-24).
The Chula Vista Human Services Council (CVHSC) completed a Human Services Needs Assessment
which was published in December of 1992. This assessment listed the following needs as being the
greatest in the City: (1) Affordable Health Care; (2) Drug and Alcohol Abuse; (3) Crime; (4) Domestic
Violence and Child Abuse; (5) Unemployment and Homelessness (see page 29 in CDBG Notebook).
Since published, staff has utilized this document as a resource to help prioritize human services needs
in the City when allocating CDBG public service funds.
In addition to funding social services agencies, CDBG public service funds can also be utilized by the
City as a matching source for a Department of Justice Community Oriented Police Services (COPS) I
Grant. This grant will enable the City to hire four additional Peace Officers to enhance the Police
Department's "community oriented" policing activities (see proposal - Tab 33). Crime was identified
as being one of the greatest needs according to the 1992 CVHSC Needs Assessment.
The COPS I grant is a three year grant for up to $100,000 in federal matching funds each year. The
Police Department's request for $120,000, even if granted out of 1995-96 CDBG public service funds,
would leave a balance of $204,300 for social service organizations. This amount is close to the average
amount of public service funds available to social service organizations annually over the past five years
($250,000).
Other jurisdictions in San Diego County including La Mesa, EI Cajon and National City have utilized
almost all or a portion of their CDBG Public Service funds for this purpose. For FY 1995-96, these
jurisdictions utilized from 4 to 14 percent of their CDBG entitlement. The City would utilize 5.5
percent of its entitlement funds. The CDBG ad hoc committee held a special meeting in regard to the
option of funding the COPS I Grant with public service funds. In brief, the committee felt that the
Police Department already does an excellent job of "community oriented" policing and was not against
the idea of giving the Police Department more resources, but not at the expense of the social service
organizations. A memorandum outlining their comments at that meeting can be found in the CDBG
Notebook (see Tab 33).
Capital Improvements Proiect SummarY
The 5 proposed capital improvement projects by staff total $3,048,000. All of the CIP detail sheets are
included in the Notebook under the City Capital Improvement Projects tab and are summarized as
follows:
.
YMCA Teaching Pool
$50,000
Funds are to be used to assist the YMCA with the development of a teaching pool in an aquatics facility
in Rancho Del Rey. The teaching pool will serve senior citizens, the disabled and low income youth.
S~5
Page 6, Item~
Meeting Date 5/16/95
.
ADA Modifications
$108,000
FY 95/96 appropriations would provide for the modification to City facilities as required by the ADA
making them accessible to individuals with disabilities. Modification includes signage, doors, public
access routes and restrooms.
.
ADA Curb Cuts
$50,000
FY 95/96 appropriations would provide for the construction of concrete wheelchair ramps at an
estimated 47 different locations in the City. Curb Cuts are a requirement of the ADA.
.
Otay Park Gymnasium
$1,306,000
The City Council approved a Master Plan for Otay Park on May 24, 1994. FY 95/96 appropriations
are for the construction of the first phase of improvements including the design and construction of a
16,000 square foot gymnasium.
.
Castle Park B Neighborhood Revitalization Program (NRP)
$1,534,000
The City Council approved the Castle Park B neighborhood as the next Neighborhood Revitalization
Program (NRP) area in December of 1993. Funds would be for construction of missing street
improvements, street widening, missing curb, gutter and sidewalks and construction of an additional
drainage circuit (see proposals - Tab L).
Community Proiects SummarY
The 8 Community Project requests total $1,128,745 and include the following types of activities: a)
Neighborhood Revitalization/Interim Assistance; b) Improvements for Non-Profit Community Facilities;
c) Acquisition by Non-Profit Entity; d) Special Activities by Community-Based Development
Organizations; and, e) Special Economic Development Activities. All of the requests for funding are
included in the Notebook under the Community Projects section and are summarized as follows:
Neighborhood Revitalization/Interim Assistance r570.20Hf)l
.
Graffiti Eradication
$33,600
South Bay Community Services (SBCS), in partnership with the Chula Vista Police Department, is
requesting funds to continue their community effort to eradicate graffiti painted on private businesses
and residences. Youth offenders and community volunteers provide the labor. Funds are requested for
the Program Coordinator position.
.
Home Repair for Seniors
$24,533
Lutheran Social Services is requesting funds to continue providing health and safety home repairs to
seniors. Most of the labor is donated by local south bay contractors.
~/j,
Page 7, Item f
Meeting Date 5/16/95
ImDrovements for Non-Drofit Community Facilities f570.20Hc)1
.
Boys and Girls Club of Chula Vista
$5,000
The Boys and Girls Club is requesting funds to repair a field next to their Oleander Center.
Acquisition by Non-Profit Entity f570.20Ha)1
.
The Church Street Affordable Housing Project
$534,600
Funds will be used to purchase nine studio apartments located at 233 Church Avenue, refurbish the units
and operate units for the first year as independent living care units for very low income "Special Needs"
persons with AIDS/HIV in the Chula Vista area.
.
Trolley Terrace Day Care Facility
$300,000
Request is for funds to acquire an approximately one acre site for the development of a child care
facility near the Palomar Trolley Center.
Special Activities by Community-Based Develooment Orl!:anizations f570.204(a)1
.
South Bay Community Services Office Space
$61,200
Funds are being requested to pay office rent on 5,100 square feet of office space at 315 Fourth Avenue.
These offices will house a host of social services which benefit low income households in the City.
Soecial Economic Develojlment Activities f570.203(b)1
.
SBCS Community Development Program
$69,812
The mission of this program is to initiate economic development for the extremely low, low and
moderate income residents of Chula Vista. Efforts include developing affordable housing, performing
neighborhood improvement projects, and creating economic advancement options.
.
Border Environmental Business Cluster (HEBe)
$100,000
Funds will be used to capitalize a Revolving Loan Fund (RLF) from which to make loans (primarily
micro loans) to BEBC tenants (see proposal - Tab K).
o~)
Page 8, Item 'c?/
Meeting Date 5/16/95
FISCAL IMPACT: The City will receive $2,162,000 in CDBG entitlement funds as well as $116,825
in reallocation funds making a total of $2,278,825 available for FY 1995-96'. The 15 percent cap on
social services funding will limit the social services allocation to a maximum of $324,300. In addition,
the City will receive $708,000 in HOME funds for FY 1995-96. The grand total of FY 1995-96 funds
to be received from HUD will be $2,986,825.
2 Subject to reduction by rescission bill (H.R. 1158).
?~~
COUNCIL AGENDA STATEMENT
Item Number
9
Meeting Date 5-16-95
ITEM TITLE:
Resolution ) 7.?'95Approving the Second Amendment to the
Existing Agreement with Lettieri-Mcintyre & Associates to
authorize $24,208 in additional consulting services relating to
the preparation of the environmental documents for the City of
Chula Vista Sphere of Influence Environmental Impact Report
and Authorizing the City Manager to Execute Said Amendmen
SUBMITI'ED BY: Special Planning PrOjlManager, Otay Ranch Proje~
REVIEWED BY: City Managec~~fSJ/? (4/5ths Vote: Yes_No X
On July 28, 1994 the City of Chula Vista entered into a three party contract
with Lettieri-Mcintyre & Associates and The Otay Ranch, L.P., a Califomia
limited partnership (Baldwin Co.) to prepare an Environmental Impact Report
for the City of Chula Vista Sphere of Influence Study. That contract was in
compliance with Section 2.56.220.C of the City of Chula Vista Municipal Code
which states as follows: "Contracts for environmental services, regardless of the
amount, shall be negotiated by the Environmental Review Coordinator....and
awarded by the City Manager or designee." The original contract was for a not
to exceed amount of $73,922. On October 14, 199"the City Manager approved
Amendment No. 1 for an additional not-to-exceed amount of $25,572.
Amendment No.2, if approved by Council, would be for a grand total not-to-exceed
figure of $123,702. While the City Manager has the authority under the provisions
the Municipal Code to sign and implement this amendment, but because of the
dollar amount and the cumulative amount of the contract, staff was directed to
bring this item before the City Council for information and action.
Lettieri-Mcintyre & Associates, The Otay Ranch, L.P., and Project Team have
agreed that an Amendment No.2, in the amount of $24,208 to the Original
Three Party Agreement and Amendment No.1 contract, is necessary to cover an
expanded scope of work that was not anticipated when the Three Party
Agreement and Amendment No. 1 was prepared. The scope of the work was
expanded based upon the advice of Special Legal Counsel which recommended
that the non-Otay Ranch properties contain the same level of environmental
analysis as did the Original Environmental Impact Report for the General
Development Plan. This level of analysis was not anticipated in the scope of
work for Amendment No. 1. Additional costs include printing extra copies of the
final report. The Amendment No. 2 has already been signed by authorized
representatives of Lettieri-Mcintyre & Associates and The Otay Ranch, L.P.
9-/
Imaa1l3.doc 5/11;95
Page 2, Item No.
9
Meeting Date 5-16-95
RECOMMENDATION: Adopt a resolution approving the Second Amendment to the
Existing Agreement with Lettieri-McIntyre & Associates to authorize $24,208 in
additional consulting services relating to the preparation of the environmental
documents for the City of Chula Vista Sphere of Influence Environmental Impact
Report and Authorizing the City Manager to Execute Said Amendment.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION: Tbe City desires to continue to employ the firm of Lettieri-
McIntyre & Associates, an environmental firm with expertise and experience in
preparing environmental documents for compliance with the State and City
guidelines and procedures of CEQA in reference to the City of Chula Vista Sphere
of Influence Studies. Amendment No.2 contains a not-to-exceed amount of $24,208.
All costs continue to be the responsibility of Otay Ranch L.P.
On May 9, 1994, a revised deposit Agreement was signed by Otay Ranch, L.P. for a
payment schedule. Pursuant to this Agreement, Otay Ranch, L.P. is required to
make all payments and all expenditures are to be current prior to the 25th of the
succeeding month. Tbe Agreement stipulates that late payments accrue interest at
the rate of 4.384 percent per annum. In addition, the City of Chula Vista has the
option to stop processing all Otay Ranch, L.P. discretionary applications if the
deposits are not received prior to the 25th of each month.
Tbe current Contract with Lettieri-McIntyre & Associates, authorized by the City
Manager on July 28, 1994, specified a maximum limit of $99,494 to perform the
environmental services on the City of Chula Vista Sphere of Influence Study. Tbe
recommended amendment requires similar environmental services for a grand total
not-to-exceed figure of $123,702 without further authorization of Council.
Representatives of Otay Ranch, L.P. have agreed with this amount, and the
Amendment is ready for Council authorization. Current payments to date are
$80,402.98. On March 21, 1995 the City Council certified the Sphere of Influence
Environmental Impact Report. Tbe current work program anticipates action by
LAFCO on the Sphere of Influence Study and Environmental Impact Report in the
fall of 1995.
FISCAL IMPACT: Tbere will be no fiscal impact to the City of Chula Vista. Otay
Ranch, L.P. will be funding the amended scope-of-work ($24,208.) through their
Agreement and monthly deposit to the Otay Ranch trust account.
Attachments: Three Party Agreement
Three Party Agreement Amendment No. 1
Three Party Agreement Amendment No. 2
9-.z
R&T113A.doc 5/11;95
/
RESOLUTION NO. / ?~'1.J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECOND AMENDMENT TO
THE EXISTING AGREEMENT WITH LETTIERI-McINTYRE
& ASSOCIATES FOR ADDITIONAL CONSULTING
SERVICES RELATING TO THE PREPARATION OF THE
ENVIRONMENTAL DOCUMENTS FOR THE CHULA VISTA
SPHERE OF INFLUENCE STUDY, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAME
WHEREAS, on July 28, 1994 the City of Chula vista entered
into a three party contract with Lettieri-McIntyre & Associates and
The otay Ranch, L.P., to prepare an Environmental Impact Report for
the city of Chula vista Sphere of Influence Study; and,
WHEREAS, the original contract was for a not-to-exceed
amount of $73,922; and,
WHEREAS, on October 14, 1994, the city Manager approved
Amendment No. I for an additional not-to-exceed amount of $25,572
due to the inclusion of the Otay Ranch properties into the scope of
work for the Sphere of Influence Study; and,
WHEREAS, the scope of work was expanded to provide the
same level of environmental analysis for the non-Otay Ranch parcels
as were contained in the original Environmental Impact Report for
the General Development Plan; and,
WHEREAS, this level of analysis was not anticipated in
the scope of work for the Original Three Party Agreement or the
First Amendment thereto; and,
WHEREAS, Lettieri-McIntyre & Associates, the Otay Ranch,
L.P. and the Project Team have agreed that an Amendment No. 2 in
the not-to-exceed amount of $24,208 to the Original Three Party
Agreement as amended by Amendment No. 1 is necessary to cover an
expanded scope of work that was not anticipated when the Three
Party Agreement and Amendment No. 1 were prepared; and,
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the Second Amendment to the
existing Three Party Agreement in the not-to-exceed amount of
$24,208 for additional services in connection with the preparation
of the environmental documents for the Chula vista Sphere of
Influence Study.
BE IT FURTHER RESOLVED that the City Manager of the City
of Chula vista is hereby authorized and directed to execute said
Amendment for and on behalf of the City of Chula vista as same is
within his authority to do so as specified in the PurChasing
Procedural Chapter of the Chula vista Municipa Code.
Gerald Jamriska, Special
Planning Projects Manager
'1~ 3
0:])
Presented by
City
AMENDMENT NO.2
TO
AGREEMENT REGARDING CONSULTING WORK TO BE
RENDERED WITH REGARD TO CITY OF CHULA VISTA
SPHERE OF INFLUENCE UPDATE STUDY
ENVIRONMENTAL IMPACf REPORT
CASE NO. EIR 94-03
This Agreement, made as of May 16, 1995, for the purposes of
reference only, and effective as ot the date last executed by the parties, is between
the City of Chula Vista ("City"),Lettieri-McIntyre & Associates, Inc. ("Consultant"),
and The Otay Ranch, L.P. ("Applicant"), and is the second amendment to that
Agreement dated July 21, 1994, entitled "Three Party Agreement Between City of
Chula Vista, Lettieri-McIntyre & Associates for Consulting Work to be Rendered
with Regard to Environmental Impact Report for Sphere of Influence Update Study"
between the same parties ("Original Agreement"), and is made with reference to the
following facts:
WHEREAS, the parties entered into the Original Agreement for the
purpose of having Consultant prepare an Environmental Impact Report and for other
environmental documents;
WHEREAS, Section 3.2.1ofthe Original Agreement provides that the
Applicant, with the concurrence of City, can require Consultant to do additional work
and upon doing so, Consultant shall be obligated to perform such additional work at
the rates specified in the Original Agreement unless another fee arrangement can be
agreed upon between the parties; and,
NOW, THEREFORE, THE PARTIES HERETO DO HEREBY AGREE AS
FOLLOWS:
A. Consultant shall perform the additional services as described in their letter
of January 26, 1995, attached hereto, the services description of which, but not the
compensation or gratuitious language portions of which, are incorporated herein by
reference.
B. Applicant, not the City, agrees to pay Consultant $24,208 dollars as
additional compensation for the additional services required of Consultant as set
forth in Section A herein.
C. All other terms and conditions of the Original Agreement, not expressly
or indirectly amended by the terms of this amendment shall remain in full force and
effect and shall otherwise govern the terms of this amendment.
9-5
IN WITNESS WHEREOF, City, Applicant and Consultant have
executed this Agreement this 16 day of May 1995.
CITY OF CHULA VISTA:
CONSULTANT:
Lettieri-McIntyre & Associates, Inc.
BY:
John Goss, City Manager
BY:
M. Bruce McIntyre, Principal
PROPONENT:
The Otay Ranch, L.P.
BY:
Kim J. Kilkenny, Vice-President
~
Bruce M. Boogaard, ity Attorney
Attachments: . it . A .
.'1~v
[1&j~
EXHIBIT "A"
LElTIERI-MclNTYRE AND ASSOCIATES. INC.
January 26, 1995
Mr. Jerry Jamriska
OTAY RANCH PROJECT OFFICE
315 4th Avenue, Suite A
Chula Vista, CA 91910
SUBJECT: Chula Vista Sphere EIR
Dear Jerry:
In reviewing our scope of work and budget for the Chula Vista Sphere of Influence
Update EIR, we have determined that the ultimate work effort required to prepare the
administrative Draft EIR and Draft EIR for public review exceeds what was originally
budgeted in our original contract and subsequent contract amendment., We recognize that
you prefer to know about possible contract amendments prior to the work being conducted.
However, in this case, much of the contract overage occurred during the final weeks of
preparing the draft EIR for public review.
In order to document bur request, we have itemized each area where additional work
was required and provided an explanation for the request. In addition, we have provided
a table which compares the amount of time anticipated in our budget and the amount of
time actualIy required to complete the task.
Public Services
As stated in our letter to you dated November 9, 1994, we had to conduct an
extensive calculation effort associated with sewerage generation and water consumption.
This was based on the fact that the Otay Ranch FEIR and the Sphere Update Report were
not useful in providing these numbers (see attached letter for specific information regarding
the basis of analysis). As you may recall, in order to not duplicate efforts and keep our
costs down, we assumed that the majority of public service information would be extracted
from the Otay Ranch EIR. As it turned 'out, more current data was available for water
demand and sewerage consumption and we were directed by the City to use it. Although
we indicated that we had hoped that we could absorb the overage in our existing budget,
based on the costs incurred to date in comparison to the budget, we must to request
compensation for this extra work effort.
9~7
1551 Fourth Avenue. Suite 430. San Diego. California 92101-31521 (619) 238-42411 FAX (619) 238-9772
.rAIl 26 '95 10:01AM LETTIERI-I1CINrfRE: S. A5SOCIATE:S
P.3.--"g
Mr. Jerry lamriska
January 26, 1995
Page 2
The following summarizes our out-of-scope cost lor this item:
Hours " Cost
Contract Amount 45 $2,475
Required Work Effon 247 $13,749
Out-of-scope work cffon 202 $11,274
and cost
Subtotal or requested budget amendment 511,274
Apri~ulture
More research was required for the preparation of the agriculture section than
originally anticipated As you know, the basis of our analysis was to be the Otay Ranch
EIR. As we have discussed in the past, the Otay Ranch ETR did not analyze agriculture
based on the LAFCO criteria. Therefore, additional research was required to analyze the
sphere update area in accordance with LAFCO's criteria.
Related to this issue is the extra effon required to research the basis of formulation
for LAFCO's two criteria based on commercial livestock operations. At YOUI request, we
researched, at both the local and State level, the basis lor the language in LAFCO's criteria
particularly as it related to grazing.
The following summarizes our out-of-scope cost for this item:
Houn Cost
Contract AmOUDt 17 $1.055
Required Work Effort 63.75 53,564
Out-of-scope work effon 46.75 $2,509
and cost
Subtotal or requested budget amendment $2,!09
Binion
The time required to prepare the biological analysis exceeded our anticipated costs
for several reasons. One of the principal reasons was tbe amount of time required to
prepare what turned out to be "mini" technical reports. These were necessary to provide
9-r
JI=Vi 26 '95 10:01AM L.E:TTIERI-MCINTYRE & ASSOCIATES
P. oS/9
Mr. Jerry Jamriska
January 26, 1995
Page 3
sufficient evidence in the record. We had originally envisioned brief paragraphs based on
our. brief surveys. Coordination associated with the biology for four of tbe parcels also
required more time and effort than assumed in our budget In order to map e.listing
conditions on the Ross, Gerhardt, Satterla and Watson sites, basemaps of these parcels
needed to be prepared including the site boundaries and site topography. We therefore had
to obtain assessor parcel maps for three of the parcels and orthotopographic maps for all
four sites.
The following summarizes our out-of-scope cost for this item:
Hours Cost
Contract Amount 20 $1,100
Required Work Effort .123 S6,779
Out-of-scope work effort 103 $5,679
and cost
Out-of-scope reimbursable $233
costs
Subtotal or requested budget amendment 55,912
~dminlstratfve Draft ETR
Overall, the size of the EIR and the complex format required for this project
exceeded our estimates. Originally, we anticipated addressing the entire project to the same
level of detail as other similar EIRs in the County. However, based on coordination with
staff and its legal counsel, it was determined that a much more elaborate format was
required to avoid potential legal challenges similar to that which occurred for the Otay
Ranch GDP ISRP.
The following snmmllrizes our out-of-scope cost for tbis item:
Hours Cost
Contract Amount 40 $1,400
Required Work Effort 72 $2,520
Out-oC-scope work effort 32 $1,120
and cost .
Subtotal of requested budget amendment $1.120
9--9
. . JFlII ,6'95 10:0ZAM LETTIERI-I1CItiTYRE & ASSOCIATES
P.s".'S'
Mr. Jerry Jamriska
January 26, 1995
Page 4
Public Revi_ Draft
Preparation of the public review draft EIR took morc work effort than originally
anticipated du~ to tbill.Jlrim8lY1.~~Qu;J) the City provided their comments in writtenana'
oratTOrm as well as provided two administrative drafts to review; 2) we essentially had two
iterations of the document to produce. as City staff and the Ms. Thomas' comments came
a different times: and 3) ~dditional changes were requested to secti~~'!.~i~ hadualready
been approved by City staff. .
On December 13, 1994, we met with the City and the applicant to go over their
commentS. We received many comments verbally and hand written comments in several
letters from staff and the applicant. We were also handed two separate, edited copies of
the. administrative draft Em to review for commentS. Our budget assumed that we would
get a single set of comments from the City and applicant. It required more time to go
through multiple copies of commentS to assure that we had addressed each comment
appropriately. .
We were told to finalize the public review copy without commentS from Ms. Thoma.~
and proceeded to do so. We were nearly complete with these changes when we received
her comments and were directed to address them in the EIR. Our contract included only
one set of revisions to the administrative draft prior to public review. The second set of
commentS required additional research and writing and document reformatting which we
did not anticipate in our budget.
Staff bad two reviews of the Introduction, Setting and Project Description.
Comments received on the second review of the administrative draft of these sections were
substantial including adding six new figures. The primary reason for addition the figures was
because the City had not updated its General Plan Land Use Map to address the Otay
. Ranch and EastLake Lando;wap. In order to portray the City's land use map correctly
indlvidual GP As showing the approved Otay Ranch and EastLake I:andswap had to be
added. The extra graphics required after a second review of these three sections caused
extra research ~me, and graphics and reformatting efforts.
The following summarizes our out-of-scope cost for this item:
Hours Cost
Contract Amount 104 $5,480
Required Work Effon 183 $10,063
Out-of-scope work effon 79 $4,583
and cost
Subtotal of requested budget amendment $4,583
1// tZ7
, . .IHrI c:;t:l -::>;. lU'I/J.;;HI'1 Lt.IIU.Rl-f'K,;lNIYRE: <I< AS5OC1HIt.:.
F.b."~
Mr. Jerry Jamriska
January 26. 1995
Page 5
bintlne:
Because of the increased size and complexity of the Em. printing costs associated
with the EIR exceeded our budget. Based on our recent invoice for the public review copies
of the EIR, each book costs about SSO to produce.
The roIlewing shows the actual printing cost for 120 draft Ems for public review and
the cost budgeted for printing 125 copies of the Final EIR: .
Printing Cost
Printing cost for 100 public review copies S5.072
of Draft EJR (note budget was for 100
books, however an additional 20 books
were requested bv the City)
Budget for printing public review draft 55,400
EJR
Budget for printing Final EIR (budget is $4,000
for 125 copies)
Anticipated cost of printing of Final EIRs 56,250
($50fbook x 125)
Anticipated budget overrun for printing of $2,250
Final EIRs
Cost Overn~ Protection - Purein,
As requested, LMA wiD go through all written correspondence, E.maiIs, computer
files and backup disks to purge information relating to this project. This effort is beyond
our scope of work and will require additional time. I estimate 8 hours of the project
~~n"ger's time will be required for a total projected cost of $870.
.
At your request, we will attend meetings with key agencies during the public review
period to review their comments. These meetinl5 are not included in our budget.
Predicting that we may be asked to attended up to four such meetings at three hours per
meeting, we estimate the cost would be $2,040 for the project manager and director to
attend these meetings.
Based on the foregoing, LMA requests a budget amendment in tbe amount of
$25,398 for out-of-scope work to date and $5,160 for a projected budget overrun due to the
printing costs of the Final EIR, agency meetings and purging for a total of 530,558. As I
9-//
JA/'l 26 '95 10:03A11 LETTIERI-MCIIfrI'RE & ASSOCIATES
P.;-,"9
~
Mr. Jerry Jamriska
January 26, 1995
Page 6
indicated on the phone, we have prepared this letter to serve as a basis for our request and
fully expect to meet with you and the applicant to discuss this matter. Thank you {or your
assistance.
Very truly yours,
LETIlERI-MCINTYRE & ASSOCIATES
~~~
M. Bruce McIntyre
Principal
enclosure: Letter to Jerry Jamriska dated 11/9/94
E:\I'JtOJECI\CYS.m\8tlDCiEI\lA.\IRISX.\.L1
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Three Party Agreement Between
City of Chula Vista,
Lettieri-McIntyre & Associates, Inc.
and Otay Vista Associates
For Consulting Work to be Rendered
with regard to Environmental Impact Report for
Sphere of Influence Update Study (EIR 94-03)
1. Parties.
This Agreement is made as of the reference date set forth in Exhibit A,
Paragraph 1, for the purposes of reference only, and effective as of the date last
executed by the parties hereto, between the City of Chula Vista ("City") herein,
a municipal corporation of the State of California, the person designated on the
attached Exhibit A, Paragraph 5, as "Consultant" (Lettieri-McIntyre &
Associates, Inc.) whose business form and address are indicated on the attached
Exhibit A, Paragraphs 6 and 7, and the person designated on the attached
Exhibit A as "Applicant" (Otay Vista Associates) whose business form and
address is indicated on the attached Exhibit A, Paragraphs 8 and 9, with
reference to the following facts:
2. Recitals, Warranties and Representations.
2.1. Warrantv of Ownership.
Applicant warrants that Applicant is the owner of land ("Property") commonly
known as, or generally located as, described on Exhibit A, Paragraph 1, or has
an option or other entitlement to develop said Property. Applicant further
warrants that on October 28, 1993, the joint sessions, the Chula Vista City
Council and the San Diego Board of Supervisors, voted to approve the Otay
Ranch General Development Plan/Subregional Plan (GDP/SRP), as modified, on
said Property.
2.2. Applicant desires to have selected portions of the said Property come
within the City of Chula Vista Sphere of Influence boundaries, and in that
regard, has made, or will make application ("Application") to City for a Sphere
Amendment and concurrent General Plan Amendments ("Discretionary
Approvals") described on Exhibit A, Paragraph 3. Applicant acknowledges that
the City may make an application to LAFCO to amend the City's Sphere of
Influence boundaries. Applicant acknowledges that a separate, future application
to LAFCO will be required to process an Annexation application to bring
Applicant's property into the City of Chula Vista. Concurrent to the Sphere of
Influence Amendment Application to LAFCO, the City of Chula Vista will
process General Plan Amendments with Applicant's concurrence, for five
outparcel areas totaling 22 acres and 20 acres known as the "Satterla Property"
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Pa~e 1 ~
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~u'f"::
THIS PAGE BLANK
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located within the Resort Village of the previously approved Otay Ranch
GDP/5RP area. but in separate ownership from the rest of the Otay Ranch.
:2.:). In order for the City to process the Application of Applicant, and tbe
related General Plan Amendments. work of the general nature and type
de:,cnbed in Exhibit A. Paragraph 4, ("Services--General") will need to be
\'omplered.
:2.1. City does not presentlv have the "in-house" staff or resources to process
the application within the time frame cequested for review by the Applicant.
L3. This Agreement proposes an arrangement by which Applicant shall retain,
:md be liable for the msts of retaining, Consultant, who shall perform the
services required for Consultant by this Agreement solely to. and under the
direction of, the City.
:2.(j. Additional facts and circumstances regarding the background for thi"
Agreement are set forth on Exhibit B;
:3. Agreement.
NOW. THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE
CITY, CONSULTA...1\JT AND APPLICANT AS FOLLOWS:
:3.1. E_illIJlovrnent of ConsuHanJJ2.Y_AI!Plicant.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's
sole cost and expense, to perform to, and for the primary benefit of, City, and
solely at City's direction, all of the services described on the attached Exhibit A.
Paral,'Taph 4, entitled "General Nature of Consulting Services", ("Services--
General"), and in the process of performing and delivering said General Services,
Consultant shall also perform to and for the benefit of City all of the services
described in Exhibit A. Paragraph 5, entitled "Detailed Scope-of-Work", ("Defined
Services"), and all services reasonably necessary to accomplish said General
Services and Detailed Scope-of-Work, and shall deliver such documents required
("Deliverables") herein, all within the time frames herein set forth, and in
particular as set forth in Exhibit A, Paragraph 6, and if none are set forth,
within a reasonable period of time for the diligent execution of Consultant's
duties hereunder. Time is of the essence of this covenant.
The Consultant does hereby agree to perform said General and Defined Services
to and for the primary benefit of the City for the compensation herein fixed to
be paid by Applicant. In delivering the General and Defined Services hereunder,
the Consultant shall do so in a good, professional manner consistent with that
level of care and skill ordinarily exercised by members of the profession
\.:urrently practicing under similar conditions and in similar locations, at its own
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cost and expense except for ,he compensation ancVor reimbursement, if ar
herein promised, and shall furnIsh all of the labor. technical. administrati\ ~.
professional and other personnel. all supplies and materials, machinery.
eqUIpment, printing, \'ehic1es. transportation, office space and facilities.
calrulatlOns ::Ind all other me::lns wh::ltsoever, except as herein otherwise
expressly specified to be furnished by the City, necessary or proper to perroI'::'.
and complete the work and provide the Services l'equired of the Consultant.
:.1.:2. ComgC'nsation of CO!)j-'ljt:J.!1J.
Applicant sh::lll compensate Consultant for all services rendered by Consultan,
without regard to the conclusions reached by the Consultant, and according to
the terms and conditions set forth in Exhibit C adjacent to the governing
compensation relationship indic:1ted by a "checkmark" next to the appropriate
arrangement. by paying said amount to the City, within 15 days of Applic::lnt's
billing, or in accordance with the Bill Process procedure in Exhibit C, if checked.
pay said amount to the Consult::lnt. City is merely acting in the capacity ::IS :l
conduit for payment, and shall not be liable for the compensation unless tt
receives same from Applicant. Applicant shall not make any payments of
compensation or otherwise directly to the Consultant.
3.2.1. Additioll~ Work. If the Applicant, with the concurrence of City
determines and agrees in writing th::lt additional services ("Additional Services
are needed from Consultant of the type Consultant is qualified to render or
reasonably related to the services Consult:1nt is otherwise required to provide by
this Agreement, the Consultant agrees to provide such additional services and
shall provide a written scope and cost of the additional work to be performed
and paid for by Applicant at the rate set forth in Exhibit C, unless a separate
fixed fee is otherwise agreed upon in writing for said additional work between
the parties,
3.:.U.1. In the event that the City shall determine that additional work is
required to be performed above and beyond the scope-of-work herein provided.
City will consult with Applicant regarding the additional work, and if thereupon
the Applicant r'ails or refuses to authorize and pay for said Additional Services,
the City may, at its option, suspend any further processing of Applicant's
application until the Applicant shall deposit the City's estimate of the costs of
the additional work which the City determines is or may be required, an act for
which the Appiicant shall hold the City harmless.
3.2.2. Reductions in ScoDe-of-Work. City may independently, or upon request
from C0nsultant, from time to time reduce the services to be performed by the
Consultant under this Agreement. Upon doing so, City and Consultant agree to
meet in good r'aith and confer for the purpose of negotiating a corresponding
reduction in the compensation associated with said reduction. Upon failure to
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:lI,rree. the Fixed Fee may be unilaterally reduced by the City by the amount of
time and materials budgeted by Consultant for the services deleted.
3.3. Securitv for Pavment of Compensation bv Applicant.
3.3.1. J::)eposit. As security for the payment of Consultant by Applicant.
Applicant shall, upon execution of this Agreement, deposit the amount indicated
on E..xhiblt C as "Deposit Amount" with the City, as trustee for Consultant. the
conditions of such trust being as indicated on Exhibit C and as hereinbelow set
forth:
3.3.1.1. Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain from said deposit all costs
incurred by City for which it is entitled to compensation by law or under the
terms of this Agreement or other deposit accounts.
3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall accrue to the
benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a
separate bank account, separately account for said deposit in one or more of its
various bank accounts, and upon doing so, shall proportionately distribute to the
Deposit Trust, the average interest earned during the period on its general fund.
3.:3.1.1.3. Any unused balance of Deposit Amount, including any unused interest
earned, shall be returned to Applicant not later than 30 days after the
termination of this Agreement and any claims resulting therefrom.
3.3.1.1.4. Applicant shall be notified within 30 days after termination of the use
of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit
in the manner herein authorized.
3.3.1.1.5. At such time as City shall reasonably determine that inadequate
funds remain on Deposit to secure future compensation likely due Consultant or
City, City may make demand of Applicant to supplement said Deposit Amount
in such amount as City shall reasonably specify, and upon doing so, Applicant
shall, within 30 days pay said amount ("Supplemental Deposit Amount") to City.
Said Supplement Deposit Amount or Amounts shall be governed by the same
terms of trust governing the original Deposit.
3.3.2. Withholdin~ of Processin~. In addition to use of the Deposit as security,
in order to secure the duty of Applicant to pay Consultant for services rendered
under this Agreement, City shall be entitled to withhold processing of
Applicant's Application upon a breach of Applicant's duty to compensate
Consultant.
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ct. :--,ron-Service Related Duties "f Consultant.
.t. 1. ID_SUCa..m:e.
Consultant represents that Lt anti Lts agents. staff and subconsultants employed
bv it in connection with the :3ernces required to be rendered. are protected
agaInst the risK ()f loss by the :'oilowing insurancc coverages. in the following
cawgories. and to the limits spcClfied. policies of which are issued by insurar.ce
compames that have a "Beot'.s Rating ()f "A, Class V" or better, or shall meet
with the approval of the Citv:
.+.1.1. Statutory Worker's Compcnsation Insur::mc() and Employer's Liabiiitv
[nsurance coverage in the amount :iet forth in the attached Exhibit A, Paragraph
10.
1.1.:2. Commercial Gener:J1 Liabiiity Insurance including Business Automobile
lnsur:wcc coverage in the :Jmount set forth in Exhibit A, Paragraph 10.
combined single limit applied sep:Jr:Jtely to each project away from premises
owned or rented by Consult:Jnt. which names City and Applicant as an
Additional Insured. and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees of the
City and Applicant in the same manner as members of the general public
("Cross-liability Coverage").
'Lt.3. Errors and Omissions msurance, ill the amount set forth in E..xhibit A.
Paragraph 10, unless Errors and Omissions coverage is included in the General
Liability policy or a waiver of Errors and Omissions coverage is obtained.
4.:2. Proof of Il1.'illr:mce Co\Cerag-e.
4.:2.1. Certificatt;.?--2LLnsupnce. Consultant shall demonstrate proof of coverage
herein required. prior to the commencement of services required under this
Agreement. by delivery of Certificates of Insurance demonstrating same, and
further indicating that the policies may not be canceled without at least thirty
(30) days written notice to the Additional Insured.
4.2.:2. Policv Endorsements Reouired. In order to demonstrate the Additional
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Insured Coverage. Primary Coverage and Cross-liability Coverage required under
Consultant's Commercial General Liability Insurance Policy, Consultant shall
deliver a policy endorsement to the City and Applicant demonstrating same.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility
of the City and the Applicant. The Consultant shall not publish or release news
items. articles or present lectures on the Project, either during the course of the
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study or after its completion. except on written concurrence of the City and
.\pplicant.
.k!. COrnmuni(~<l.ljQ.n to A.onlicrrn:.
Consultant shall not communicate directly to the Applicant except in the
prf'sence of the City, or bv wri:ing an exact copy of which is simultaneously
provided to City, except WIth the express consent of City. The Consultant may
request such meetings wIth :\pplic::mt to ensure the adequacy of services
pert'ormed by Consultant.
:--,ron-Compensation Duties of the Applicant.
:S.l. Do_c.:ldmJ::Ilts-,\t;Ce~,~
The Applicant shall provide to the Consultant, through the City, for the USf' by
the Consultant and City, such documents, or copies of such documents requested
by City or Consultant within the possession of Applicant reasonably useful to
the Consultant in performing the services herein required of Consultant.
including but not limited to those described in Exhibit A, Paragraph 1.
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V._. _ooertv l,-ccess.
The Applicant hereby grants permission, at no cost, to the City and Consultant
to enter and access the Property, to take any borings, make any tests, conduct
any surveys or reconnaissance necessary to deliver the Services of Consultant.
subject to the approval of the Applicant. Consultant shall promptly repair any
damage to the subject property occasioned by such entry and shall indemnify,
defend, and hold Applicant harmless from all loss, cost, damage, expenses,
claims and liabilities in connection with or arising from any such entry and
access.
:S.3. Communication to CO)1sultant.
Applicant shall not communicate directly to the Consultant except in the
presence of the City, or by writing an exact copy of which is simultaneously
provided to City, except with the express consent of City. The Applicant may
request such meetings as they desire with the Consultant to ensure the
adequacy of services performed by Consultant.
6. Administrative Representati\'es.
Each party designates the individuals ("Administrators") indicated in Exhibit A,
Paragraph 8, as said party's contract administrator who is authorized by said
party to cepresent them tn the routine administration of this Agreement.
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Conflicts of Intere"t.
1.1.
(\mJ3_ultaIlLlli.J)~_w'''TLutg(l ;1S a.n FPPC Filer.
[f Consultant is desii,rned on Exhibit A. Par:J.gr:J.ph :), as an "FPPC Filer'.
Cmsultant is deemed to be a "Consultant" for the purposes of the Political
Reform Act contlict of mterest and disclosure provislOns. and shall report hi~
economic interests to the City Clerk on the required Statement of EconomIC
Interests in such reponing ,'atcgories :J.S are specified in P:J.rai,'T:J.ph 9 of Exhibit
A. or if none are specified. then as determined by the CIty /\ttorney.
1.:2. peclil].~~PaDicimtte.
Regardless of whether Consult:J.nt is designated as an FPPC Filer, Consult:J.nt
shall not make, or participate in m:J.king or in unv way attempt to use
C,msult:J.nt's position to influence a governmental decision in which Consultant
knows or has reason to know Consultant has a financial interest other than the
compensation promised by this Agreement.
I.;;. SeaIT~t() Dctermi.D_~s:onoJnic Interests.
Rcg:J.rdless of whet.her Consult:J.nt is designated as an FPPC Filer, Consultan.
warr:J.nts and represents that Consultant has diligently conducted a search and
innmtory of Consultant's economic interests, as the term is used in the
regu!:J.tions promulg:J.ted by t.he Fair Political Practices Commission, and h:J.s
determined that Consultant does not, to the best of Consultant's knowledge.
h:J.ve an economic interest which would conflict with C,msultant's duties under
this Ai,'Teement.
IA. Promise .\J'ot to Acquire Conflictinl! Interests.
Regardless of whether Con"llt:J.nt 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 cOnIlict of interest as prohibited by the Fair Political Practices Act.
7.5. Dutv to ..\dvise 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 connict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
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7Ji. Specific Warranties /1.~;).ins.LJ;:conomic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members. nor Consultant's employees or agents ("Consultan:
Associates") presently han~ any lnterest, directly or indirectly, whatsoever in the
property which is the subject matter of the Project, or in any property within 1
radial mile from the exterior boundaries of the property which is the subject
matter of the Project, or ("Prohibited Interest").
Consultant further warrants and represents that no promise of future
employment, remuneration. ronsideration, gratuity or other reward or gain has
Iwen made to Consultant or Consultant Associates by Applicant or by any other
party as a result of 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, and for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement, and for 12 months after
the expiration of this Agreement. Consultant may not conduct or solicit any
business for any party to this Agreement, or for any third party which may be
in conflict with Consultant's responsibilities under this Agreement.
8. Default of the Consultant for Breach.
This Agreement may be terminated by the City for default if the Consultant
breaches this Agreement or if the Consultant refuses or fails to pursue the work
under this Agreement or any phase of the work with such diligence which would
assure its completion within a reasonable period of time. Termination of this
Agreement because of a default of the Consultant shall not relieve the
Consultant from liability of such default.
9. City's Right to Terminate Payment for Convenience, Documents.
9.1. Notwithstanding any other section or provision of this Agreement, the City
shall have the absolute right at any time to terminate this Agreement or any
work to be performed pursuant to this Agreement.
9.2. In the event of termination of this Agreement by the City in the absence
of default of the Consultant, the Applicant shall pay the Consultant for the
reasonable value of the services actually performed by the Consultant up to the
date of such termination. less the aggregate of all sums previously paid to the
Consultant for services performed after execution of this Agreement and prior to
its termination.
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8.3. The Consultant hereby expressly wai,'es any and all claims for damage c
compensation arIsing under this ....b'Teement. except as set forth herein, in ,he
event of such termination.
~).!. In the ewnt of termination ()f this Agreement. and upon demand of :he
City. the Consultant shall deliwr to the City, all fiejd notes, sur..eys. studies.
repons. plans, drawings :md all other materials and documents prepared by the
Consultant in performance ()f this Agreement. and all such documents and
materials shall be the propeny of the City; pro,'ided however, that the
Consultant mav retain copies for their own use and the CIty shall provide J
copy, at Applicant's cost, of all such documents to the Applicant.
8.5. Applicant shall have no right to terminate Consultant, and shall not
exercise any control or direction over Applicant's work.
10. Administrative Claims Requirement and Procedures.
)10 suit shall be brought arising (JUt of this Ab'Teement, against the City, unless
a claim has first been presented in writing and filed with the City of Chula
Vista and acted upon by the City of Chula Vista in accordance with the
procedures set forth in Chapter 1.34 of the Chub Vista Municipal Code, the
prOVIsions of which are incorporated by this reference as if set fully set fonh
herein.
] 1. Hold Harmless and Indemnification.
11.1. Con~ultB)}J_!9 Indem!Jif.LCitv and ,\mJlicant Re.f@rdin!2' Iniuries.
Consultant agrees to indemnify and hold the City and Applicant harmless
against and from any and all damages to property or injuries to or death of any
person or persons. including officers, employees, agents or representatives of the
City or Applicant. and shall defend, indemnify and hold harmless the City and
Applicant, their elected officials, officers, agents and employees and
representatives. from any and all claims. demands, suits, actions or proceedings
of any kind or nature, of or by anyone whomsoever, in any way resulting from
or arising out of the negligent or intentional acts, errors or omissions of the
Consultant or any of its officers, agents, employees or representatives, committed
in or which should have been committed in the performance of this Agreement.
11.2. Applicant to Indemnifv Citv Re!2'ardin!2' Compensation of Consultant.
Applicant agrees to defend. indemnify and hold the City harmless against and
from any and all claims. loses. damages. expenses or expenditures of City,
including its elected officials, officers, employees. agents or representatives of the
City ("City Indemnities"), in any way resulting from or arising out of the refusal
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to pay compensation as rlemanded by Consultant for the performance of serVIces
requirerl by this Agreement.
1:2. IIIiscellaneous.
1:2.1. Bu~LnesL~ic~nses.
o\pplicant agrees to obtain a business license from the City and to otherwise
comply with Chub Vista :Vlunicipal Code. Title 5. Further. the Consultant shall
obtain such business license and to comply with Chula Vista Municipal Code.
title 5.
1:2.:2. ~QD.lill!lm1J_ ~ ot _dmJ:r Q.ri7~sL~J~gllresen t Ci tv.
Unless specifically authorized in writing by City, neither Consultant nor
Applicant shall have no authority to act as City's agent to bind City to any
contractual al,,'Teements whatsoever.
12.:l. ~oticeli.
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices. demands and requests to be
sent to any party shall be deemed to have been properly given or served if
p(~rsonally 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 for the parties in Exhibit A.
12A. Entitlement to SubseillIJmt ~otig~~.
No notice to or demand on the parties for notice of an event not herein legally
required to be given shall in itself create the right in the parties to any other or
further notice or demand in the same, similar or other circumstances.
1:2.5. 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.
1:2.6. Capacitv 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
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enter into this A.greement: that all resolutions or other actions have been rake
so as to .mab!e it to enter into this Abrreement.
1:2.7. Goven}in6.-Law!\'enue.
ThIs .\greemem shall be governed bv and construed in accordance with the laws
or the State or California. Any action arising under or relating to this Agreement
~hal] be brought only in the federal I)r state courts located in San Diego Cour.tv.
State of California. and if applicable. the City of Chula Vista or as close thereto
as possible. Venue for thIs .\greement, and performance hereunder, shall be the
City of Chula Vista.
1:2.S. i\toslifLcc'c'lligl}.
~o modification or waiver of any provisIOn of this Af,rreement shall be effective
unless the same shall be in writing and signed by the parties hereto, and then
shall be valid only in the specific instance and for the purpose for which given.
1:2.!J. Courlt;~m_artl'.
This .\greement may be executed in more than one counterpart, each of which
shall be deemed to be an original but all of which, when taken together shall
constitute but one instrument.
12.10. .::J{~v<:rill)iliJ;v.
In the event that any prOVISIOn of this Agreement shall for any reason, be
determined to be invalid, illegal. or unenforceable in any respect, the parties
hereto shall negotiate in good faith and abrree to such amendments, modifications
or supplements to this Agreement or such other appropriate action as shall, to
the ma.ximum extent practicable in light of such determination, implement and
give effect to the intentions of the parties as reflected herein.
12.11. Headinzs.
The captions and headings in this Agreement are for convemence only and shall
not define or limit the provisions hereof.
12.12. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the
partial exercise of any right. power or privilege, on the part of the parties shall
operate as a waiver of any rights herein contained. The making or the
acceptance of a payment by either party with knowledge of the existence of a
breach shall not operate or be construed to operate as a waiver of any such
breach.
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The rights of the parties under this Agreement are cumulative and not exclusi\'e
of :my rIghts 'lr remedies which the parties might otherwise have unless this
.\greement provides to the contr;Jry.
1:2.14. )!.'Uldc!iligDal_Bi'I1e.fici;lri~_s.
Dl'spiw thl' fact that the rcquin'd peri'ormance under this Agreement may ha\'e
an affect upon persons not parties herl'to, the parties specifically intend no
benefit therefrom, and agree that no performance hereunder may be enforced by
any person not a party to this Agreement. .\Iotwithstanding the foregoing, this is
a Three Party .\greement and the City is an express third party beneficiary of
the Pl'omises of Consultant to provide services paid for by Applicant.
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SIGNATURE PAGE
:"low. therefore. the panies hereto, having read and understood the
and conditions of thiS'r\greement, do hereby express their consent to the
herf'o,L.rrv ,etting thEiir hand hereto ( the date set forth adjacent thereto.
terms
terms
,
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Iv Gnlce :VI. Boogaard,
CitL of c.l,--\lJCL Vi"Ia
(} ;('lJ?CL_
ttorney
By:
,John'toss, City :Vlanager
./"
Dated:
Dated: 7- 2 F 'l'i
Q.Qnsultant~
Lettieri-McIntjTe & Associates, Inc.
-, ) I,
By: ~AU_i':':: /J '~<vLyC::
Bruce McIntyre, Principal
Dated:
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I f - I I
Applicant:
Otay Vista Associates, L.P.,
a California Limited Partnership
By: Baldwin Builders. a
California Corporation,
its general pa .,ner
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By:
Kim Johy
Dated: ~/,}-~/<J.
-president
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Exhibit A
Heference Date of AI,,'Yeement:
.July 18, 1994
Effecti\'e Date ()f ..\greement:
.July 21, 1994
City of ('hula Vista, 276 Fourth .-\wnue. Chula Vista, CA 91910
Consultant: Lettieri-l\!cIntJTe & ";,5sociates. Inc.
Business Form of Consultant:
] Sole Proprietorship
[ ) Partnership
[X] Corporation
Address: 15.=;1 Fourth Avenue
San Diego, CA 92101-3152
Phone (6E)) 238--+241
Fax (619) 238-9772
Applicant: Otay Vista Associates. L.P.
a Califomia Limited Partnership
By: Baldwin Builders. a Califomia Corporation,
its general Partner
Business Form of Applicant:
[ Sole Proprietorship
[ ] Partnership
[X ] Corporation
Address: 11975 El Camino Real, Suite 200
San Diego, CA 92130
Phone (619) 259-2900
Fax (619) 259-0242
1. Property (Commonly known address or General Description):
The approximately 23,000-acre Otay Ranch property is situated on
unincorporated land comprising seven separate parcels in southwestem San
Diego County, 3.5 miles east of downtown Chula Vista and 13 miles
southeast of downtown San Diego. Otay Ranch lies between the eastem edge
of the City of Chub Vista and the westem edge of the unincorporated
community of DulzurD.. The combined properties span a distance of
approximatelv 12 miles from east to west and 8.5 miles from north to south.
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For planning purposes, Otay Ranch is grouped geographically to form three.
distinct parcels known as the Otay Valley Parcel. San Ysidro Mountair
Parcel and the Proctor Valley Parcel (see Exhibit A-1), On October 28. 199,
the Chula Vista City Council and County Board of Supervisors approved the
Genero.l Development PlanlSubre,,'ional Plan (GDP/SRP) and two General
Plan Amendments (GPAs) for the Otay Ranch property. TIle Otay Ranch
GDP/SRP ~md associated GP.\s were emironmentaily assessed in Final
Program Emironmental Impact Report ErR 90-01.
TIle proposed Sphere of Iruluence Amendments encompass selected portions of
the Otay Ranch GDP/SRP area. plus additional properties outside the Otay
Ranch ownership, as identified in Exhibit A-2. The Sphere of Influence
Update Study Area has been broken down into the following Planning Areas:
PI"nning- Area 1 - Otay Valley PI;mning- Area
Planning Area 1 encompasses the Otay Valley Parcel of the Otay Ranch
GDP/SRP, totaling approximately 8.580 acres. The Otay Valley Parcel
mnsists of Villages 1 through 11 and Planning Areas 12 and 18b (see
E.:..;hibits .\-2, .\-3 and A-4).
Also included, but in separate ownership from the Otay Valley Parcel, is the
Otay Landfill site (oVvTIed and operated by the County of San Diego) totaling
approximately 251 acres; an area located at the southwest corner of tht
Otay Valley Parcel totaling approximately 60 acres; various outparcels
totaling approximately 248 acres; and the "EastLake General Plan
Amendment" area totaling approximo.tely 161 acres. The entire 9,299-acre
planning area is proposed for inclusion within the Chula Vista Sphere
through a Sphere Amendment.
Pl"nning- Area 2 - Resort PI"nning- Area (and Satterla Property)
Planning Area 2 contains approximately 2,093 acres, excluding the lBO-acre
Mary Birch Patrick Estate. which is already within the Chula Vista Sphere
and desil,'Tlated as "Specialty Conference Center" by the Otay Ranch
GDP/SRP (see Exhibit A-5). Excluded from Planning Area 2 are certain
portions of Proctor Valley and San Y sidro Parcels of Otay Ranch, since it is
not anticipated that these areas will require public services and facilities
within the next 10 to 15 years.
Proposed General Plan Amendments (GPAs)
General Plan Amendments (GPAs) are proposed for approximately five
"outparcel" areas in Planning Area 2 totaling 22 acres. These
outparcel areas are in separate ownership from the rest of the Resort
Village on Otay Ranch. These areas are within the existing Chula
Vista Sphere boundaries. are owned by the City of San Diego and are
designated on the County of San Diego's General Plan as 1B Multiple
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Rural Use (1 du/4, 8 or 20 acres). These areas exist as undevelopable
drainage areas associated with the Lower Otay Reservoir and are
proposed [or a GPA to "Open Space."
.'I. GPA is also proposed for a 20-acre outparcel known as the "Satterla
Property" to designate it "Low to Medium Density Residential" (0-:3
du/ac). The proposed GPA action will designate the Satterla Property
at a density compatible with surrounding land use patterns within that
portion of the Otay Ranch GDP/SRP. Presently, it is designated as 18
i\lultiple Rural Use (1 du/4, 8 or 20 acres) by the County of San Diego
G,meral Plan J.11d lS undeveloped land.
PI,mnin~ Area 3 - "Inverted L" P1:mnin~ Area (and Watson Property)
Planni.ng Area 3 encompasses the 297-acre "Inverted L" Parcel of Otay RJ.11cn
Village 15 (Proctor Valley Village) [see Exhibit A-6]. Also included in
Planning Area 3 is a 160-acre area immediately south J.11d west of the
"Inverted L" known as the "Watson Property." This area is located between
the Otay Ranch and Salt Creek Ranch projects, but in separate ownership
from these adjacent areas. This 457-acre Planning Area is proposed for
inclusion within the Chula Vista Sphere through a Sphere Amendment.
P1:mnin~ Area 4 - Otay Mesa Industrial Pl'lnnin~ Area
Planning Area 4 contains approximately 870 acres of land within the City or
Chula Vista General Plan Area. A significant portion of the properties are
presently within the boundaries of the City of San Diego (see Exhibit A-7).
This planning area is located along the southeastern portion of the Otay
Valley Parcel of Otay Ranch, south of the Rancho Otay boundary line and
east of Interstate 80-5. The Otay Ranch GDP/SRP designates this area for
"Industrial" and "Open Space" uses. This area is included within the
Sphere Study Area for a potential amendment to the Sphere, since it is part
of the Otay Ranch GDP/SRP. Future discretionary actions associated with
this Planning Area may include a proposed prezone, detachment from the
City of San Diego and annexation to the City or Chula Vista.
P1:lnnin~ Area 5 - "Special Study Areas" and Miscellaneous Areas
As an ancillary task, the Sphere of Influence Update Study will analyze
"Special Study Areas" previously designated by LAFCO in 1985. Included
within this 898-acre Planning Area are several non-contiguous areas,
including a 48-acre area adjacent to State Route 54 in the City of National
City, a 350-acre area in South San Diego Bay in the City of National City,
and a 369-acre area in the Otay River Valley in the City of San Diego.
Although these areas are included within the Study Area, at this time, no
amendments to the Chula Vista Sphere are proposed for these areas. The
only L~CO-designated Special Study Area proposed for inclusion within the
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Chula Vista Sphere, at this time. is the Otay Valley Parcel of Otay Ranch.
which is included in "Planning :\rea 1." (See Exhibit A.2).
Miscellaneous Areas
Also included in Planning Area ;j are several miscellaneous areas that were
not pilrt of the previously.desigrwted "Special Study Areas." Included within
these misceilaneous areas is a 130-acre area identified as the "Sweetwater
Parcei" located along the existing northeasterly Chula Vista Sphere boundary,
south ()f the Sweetwater Reser-'oir. This area is presently within the Chula
Visw General Plan and is proposed [or a Sphere Amendment to bring the
Sphere and General Plan into confonnance. This area is completely separate
from the previously-designated L\FCO "Special Study Areas."
Diagrammatic corrections will also be processed for two additional areas
\V1thin Planning Area 5 in order to bring the Chula Vista Sphere and
General Plan boundaries into confonnance. The first area is located south of
the Sweetwater Reservoir within the Chula Vista Sphere boundary. This
area was designated "Open Space" on the Chula Vista General Plan and was
placed within the Chula Vista Sphere in 1985. TIle second area is adjacent
to the Lower Otay Reservoir within the Chula Vista Sphere. This area was
designated "Open Space" on the Chula Vista General Plan and was placed
\vithin the Chula Vista Sphere in 1985. Both of these areas will be proposed
for diab'ramrnatic corrections since they were erroneously omitted from the
Chula Vista General Plan during the 1989 General Plan Update process.
In addition to the proposed Sphere Amendments, concurrent processing of
GPAs will be undertaken on approximately 130.'18 acres of land outside the
Gtay Ranch property ownership and adjacent to the City's Sphere of
Ini1uence as identified in Exhibit .'1..2.
2. Proiect Description ("Proiect");
The proposed Project is a City of Chula Vista initiated proposal to amend its
Sphere of Ini1uence boundaries in order to incorporate Planning Areas 1.4 as
identified in Paragraph 1 under "Property" and as presented in Exhibit A-S.
As part of the Sphere of Influence Update Study, the City wiI! undertake
general housekeeping efforts to ensure that the Sphere and General Plan
boundaries are coterminous. GPAs will be processed for parcels within the
Resort Parcel, including approximately six (6) parcels associated with the
Lower Gtay Reservoir totaling 22 acres and a 20-acre parcel known as the
"Satterla Property."
Future discretionary actions anticipated include applications to LAFCO for
annexations. detachments. district formations and dissolution's within the
Sphere Area which \viI! be analyzed in a separate future environmental
document(s).
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3. Discretionary Approvals applied for include:
AmencL'TIents to the Chula Vista Sphere of Influence
Amendments to the Chula Vista General Plan
Prezonings. boundary changes. reorganizations, annexation, detachment.
district formation and dissolution's within Sphere area
4. General Nature of Consulting- Services ("Services--General"):
The Environmental Consultant shall undertake preparation of Draft ,ilid
Final Environmental Impact Reports (ElRs) on the Project, Candidate CEQA
Findings and all other necessary environmental documents as outlined in
Para!,rraph 5 as a Detailed Scope-of-Work, including but not limited to. a
Mitigation Monitoring and Reporting Program (MMRP) for the City of Chula
Vista, Case Number EIR 94-03.
The Consultant shall also review a Fiscal Analysis for the Project. prepared
by others, which is not a requirement of CEQA. The results and conclusions
of the Fiscal Analysis will be completely separate from the results of the
environmental analysis. TIle Fiscal Analysis will provide a peer review of the
updated "FIND Model" results and will report on those fmdings in a separate
Fiscal Report. The Fiscal Report will be provided as a separate appendix or
attachment to the EIR.
5. Detailed Scope-of-Work ("Detailed Services"):
The Draft and Final EIR and Candidate CEQA Findings shall comply
completely with the criteria. standards and procedures of the California
Environmental Quality Act of 1970 (Public Resources Code Sections 21000 et
seq.), the State CEQA Guidelines (California Admin. Code Section 15000 et
seq.), the Environmental Review Procedures of the City of Chula Vista and
the regulations, requirements and procedures of any other responsible public
agency or any agency with jurisdiction by law. If there are conflicts between
the City of Chula Vista's requirements and those of another agency, the City
of Chula Vista's shall prevail. The analysis contained in the Environmental
Impact Report shall be consistent with that outlined in the Scope of Services
defined in the Consultant's original proposal (Exhibit D).
The Draft and Final EIR shall provide an evaluation of feasible mitigation
measures which could be carried out to reduce or eliminate adverse impacts
of the proposed Project. The documents shall also analyze a reasonable range
of feasible alternatives to the Project as proposed. If there are mitigation
measures or alternatives to the Project which r'luld reduce the adverse
consequences of the Project but which are unfeaslole, the Consultant shall
cite in the Candidate CEQA Findings the economic, social or other conditions
which render the mitigation measure or alternatives unfeasible.
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The report :ih:! specify which mitigation measures have been incorporated
into the ProJec: illd which feasible mitigation measures have not, but whic"
could be incorporated as part of the Project. The report shall also identi.
feasible alternatives which could reduce the adverse impacts but are not
proposed by the Proponent. Consultant will not be responsible for detailed
economic analysis of mitigation measures or alternatives in order to
uetermme theu' :nieasibiliry.
Although not :! CEQA requirement. the EIR shall provide, as a separate
appendi., 'lr attachment. a copy of the Fiscal Analysis. The Fiscal Analysis
shall include a peer review of the updated results of the FIND Model. The
Fiscal :\llalvsis will review the Upuate FIND Model Data, which wii! be
supplied by Ralph Andersen & Associates.
The independent review wIll include a review of methodology, equations and
calculations with particular attention to recent changes in State property tax
policies and recent sales tax tJropositions.
The documents shall be prepared in such a manner that they will be
meaninl,,,'ul and useful to decision makers and to the public. Technical data
should be summarized in the body of the report and placed in an appendix.
All public documents shall be prepared in accordance with the standards of
the California Association of Environmental Professionals.
6. Schedule, Milestone, Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
[X ] Effecti\'C Date of Agreement
Milestones or Time Limits for Delivery of Deliverables:
Deliverable No. 1: Ten (10) Copies of the Screencheck EIR and Fiscal
Analysis:
Deliverable No. ::2: Related technical data or studies generated in conjunction
with preparation of the EIR and Fiscal Analysis: and
Deliverable No.3: One hundred (100) copies of the Draft EIR, MMRP, and
Technical ,\ppendices, including Fiscal Analysis;
Deliverable No. -1,: One hundred twenty-five (125) copies of the Final EIR,
Iv1l'vIRP and appendices, Candidate CEQA Findings plus 1 reproducible
master of the Final EIR, !'vIl\IRP and appendices.
9/J;L
1/
C' /\.
QeliveLable ::io. .S: One computer disk copy of the Final EIR. Fiscal Analysis.
Candidate CEQA Findings. and related documents, including all computerized
graphics. read by a \VordPedect 5.1 Program.
Dates for completion of ::dl Consultant Services: See Compensation Schedule
(see E.xhibit C).
7. Documents to be provided by City to Consultant:
[X I site plans
[ ] architectural elevations
[ ] grading plans
[X] project description
[X ] other: Study Area Map
Sphere of Iniluence Update Study
FIND Model Update Results and Methodology
Otay Ranch GDP/SRP Final EIR (EIR 90.01) Loan Copy
8. Contract Administrators:
City:
Applicant:
Consultant:
Gerald J. .Jamriska, Special Planning Projects Manager
Kim .1. Kilkenny, Vice-President
Bruce McIntyre, Principal
9. Statement of Economic Interests, Consultant Reportinl! Catel!ories, per
Conflict of Interest Code:
[X ] .'-Iot Applicable.
Category No. 1.
Category No. :2.
Category No.3.
Category No.4.
Category No.5.
.'-Iot an FPPC Filer.
Investments and sources of income.
Interests in real property.
Investments, interest in real property and sources
of income subject to the regulatory, permit or
licensing authority of the department.
Investments in
income which
construction or
property.
business entities and sources of
engage in land development,
the acquisition or sale of real
Investments in business entities and sources of
income of the type which, within the past two
years, have contracted with the City of Chula
Vista (Redevelopment Agency) to provide services,
supplies, materials, machinery or equipment.
L.ll
,:( :{
Categ-ory ~o. 6.
Investments in business enntles and sources of
ine 'TIe of the type which, within the past two
years, have contracted with the designate,
employee's department to provide serV1ces.
supplies, materials, machinery or equipment.
Categor.y )[0. 7.
Business positions.
10. Insurance Requirements:
[X] Statutor; Worker's Compensation Insurance
[ ) Employers Liability Insurance coverage: $1.000.000.
[X] Commemal General Liability Insurance: $1.000,000.
[ ] Errors and Omissions insurance: ~one Required
(included ~ Commercial General Liability coverage).
. ] Errors and Omissions insurance: .'5250,000 (not included in
Commercial General Liability coveragel.
. TIle City's Errors ami Omissions insurance requirement has been waived.
9-37
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Planning Area 1 (Gtay Valley)
1994 Sphere of Influence Update Study
CITY OF
CHULA VISTA
'7!~
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Water Tank: ::: I AGes
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11,89 Acres
Lo...... Mealum cna C;:en Space
3.6 cUS/GC -52 cus
Otay landfill: 2~O,59 Acres
Open Spoce
Rock Quarry: J 36.47 Acres
Open Space
South West Corner:
59.54 Acres Open Scc::e
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CHUlA VISTA
Planning Area 1 Additional Parceh.
9 - J Y 1994 Sphere of IntJuence Update Study
,;:;7
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(ResJiT)
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CITY OF
CHUlA VISTA
Planning Area 4 (Gray Mesa Industrial)
Sphere of Influence Update
y
Exhibit A.8
SPHERE OF INFLUENCE UPDATE
PARCEL OWNERSHIP AND ACREAGE
PLANNING AREA 1
AREA
OWNER
Uta}" Valley Parcel 8.;379.08 acres
AP# 649-020-11 .386-040-08.09
6.l9-100-01 586-ODO-(}7.08.0g.29
649-110-01 586-(}!O-(}3.05
68;3-030-01 .'58G-090-05.:28.42.H,45
;'597-130-01,02
GO\-ll}tV L,,'lrglfi!l
AP# fj.-l!-0:30-0G
250.59 acres
W_;ltPL Tank
AP# 644-070-04
19.59 acres
I\f)ckgy-,~rr\,
AP# 644-0GO-06
13GA7 acres
Otav Water District
AP# 643-020-13
61.0 acres
Ros~"'parcel
AP# 641-030-0:1
9.90 acres
De Graff Parcel
AP# 641-030-09
7.82 acres
AP# 641-030-10
1.82 acres
9 ~r:~
Otay Vista Associates
c/o Baldwin Company
11976 EI Camino Real
Suite 200
San Diego, CA 92130
County of San Diego
6201 Ruffin Road
San Diego, CA 92123
City of San Diego
City Manager
:202 C Street
San Diego, CA 92101
United Enterprises
1007 5th Ave. Ste. 1200
San Diego, CA 92101
Otay Water District
10595 Jamacha Road
Spring Valley, CA 91977
Sanford Ross
24582 Via Tonada
Toro, CA 92630
Peter De Graff
c/o Barnabas Foundation
15127 73rd Ave. #G
Orland Park, IL 60462
Lucille Gorman
c/o Stanley Arenberg
11377 W. Olympic Blvd.
Lus Angeles, CA 90064
":"..."" ~
/7 ,I
P:H:P I .::; I
G"rhardt Pronerty
AP# 641-060-02
AP# 641-060-03
E:llstlake Land Svnm
AP# 643-030-0i(ptn)
643-0iO-02(ptn)
595-320-01 (ptn)
Southwest Corner
AP# 645-030-03
AP# 645-030-1:3
AP# 645-030-04
AP# 645-030-05
AP# 645-030-06
AP# 645-030-07
AP# 645-030-08
AP# 645-030-09
AP# 645-030-10
AP# 645-030-11
AP# 645-030-12
AP# 645-030- 14
"} - if)
5.92 acres
5.92 acres
161.0 acres
5.0 acres
4.98 acres
5.0 acres
5.0 acres
5.0 acres
4.81 acres
4.86 acres
4.95 acres
5.0 acres
4.99 acres
4.95 acres
.5.0 acres
Charles H. Gerhardt
Route 3. Box 351
Fredericksberg, TX
88624
Allen L. Gerhardt
825 Lori Lane
Chula Vista. CA 91910
EastLake Development
EastLake Business Ctr.
900 Lane Ave., Ste. 100
Chula Vista, CA 91914
Stan F. Ostling
1321 Tamarack Avenue
Carls bad, CA 92008
Margaret L. Kelstrom
104 E. Dayton Avenue
Fresno, CA 93704
Robert H. Selman
4040 Casita Way
San Diego, CA 92115
William J. Rabello
4347 Voltaire Street
San Diego, CA 92107
Ernest J. Hofer
5662 Otay Valley Road
San Ysidro, CA 92173
John J. Burns
P.O. Box 93
Jamul, CA 91935
David Rowland
P.O. Box 250
Bonita, CA 91908
p"e" C .3 .2.
PLANNING AREA 1 TOTAL
PLANNING AREA 2
9,298.65 acres
Resort Parcel
:\1"# 598-070-02
598-130-0l.!J3
598-140-01
:2050.96 acres
~lttgd:J--.Pilrce j
APIt 598-140-02
20.0 acres
L(j\y_Ota v Bgservoir
AP#641-060-02,03.&07
21.84 acres
PLANNING AREA 2 TOTAL
2,092.80 acres
PLANNING AREA 3
Inverted U' Parcel
AP# 585-150-01
297.0 acres
Watson Propertv
AP# 585-150-02
160.0 acres
Road
PLANNING AREA 3 TOTAL
457.0 acres
!'~] l..'f:> ,-;
..13
Oray Vista Associates
c/o The Baldwin Co.
1197.5 EI Camino Real
Suite :200
San Diego. CA. 92130
Albert G. SatterJa
7246 Melqua Road
Umpqua, OR 97486
City of San Diego
City Manager
:202 C Street
San Diego, CA 92101
Otay Vista Associates
c/o The Baldwin Co.
11975 EI Camino Real
Suite 200
San Diego, CA 92130
Watson McCoy Ltd
c/o Timothy Wilson
12938 Carmel Creek
San Diego, CA 92130
9-Y~
PLANNING AREA 4
Otay .'vlesa Industrial A.rea
870.3 acres
PLANNING AREA 4 TOTAL
870.3 acres
SUBTOTAL PLANNING AREAS 1- 4=12,718.75 acres
;7 -i ~
Otay Vista Associates
c/o The Baldwin Co.
11975 El Camino Real
Suite 200
San Diego, CA 92130
~: I -, dC) ~ ,'" '
'wI 3d
PLANNING AREA 5 SPECIAL STUDY AREAS'
QJav Riw'r Valley ,\rea
AP " 624-071-03
31.28 acres
AP# f345-0lQ-iJ3
40.56 acres
~)2075
APi;! f345-01O-iH
645-0lQ-05
20.30 acres
20.30 acres
AP# G45-0lQ-06
64.S-0lQ-07
175..58 acres
69.23 acres
AP# 645-0lQ-OS
11.87 acres
OT A Y RIVER VALLEY TOTAL
369.12 ACRES
Gateway Plaza Partners
7072 Garfield Avenue
Huntington Beach. CA
92648
Robinhood III
:265 Santa Helena
Suite 100
Solana Beach, CA
Robert L. Childers Co.
7901 Raytheon Road
San Diego. CA 92111
Village Properties
c/o The Baldwin Co.
11975 EI Camino Real
Suite 200
San Diego, CA 92130
Borst Revocable Trust
172 Landale Lane
EI Cajon, CA 92019
. The Special Study Areas do not include the Otay Valley Parcel which is
included in Planning Area 1.
9~(i
, '."~ :
!"i':P.-'
3.5"
SR 54 AREA
AP# 562-:323-:28 14.81 acres Dixieline Lumber Co.
P.O. Box 85307
San Diego, CA 92186
Apt: .562-:310-45 14.56 acres Industrial Properties
900 Lane Ave. Ste. 180
Chula Vista, CA 91914
AP# 562-:310-70 .7 acres David P. Wiles
5481 Toyon Road
San Diego, CA 92115
AP# .562-310:57 1.70 acres Collins-N ational
AP# 562-310-59 2.23 acres c/o Southland Phase IV
562-310-67 2.24 acres 11750 Sorrento Valley
562-~HO-68 .50 acres Suite 209
562-310-69 .50 acres San Diego. CA 92121
562-:310-70 .62 acres
562-310-73 2.46 acres
AP# 562-310-74 2,46 acres Patbrook
562-310-75 34200 Ardenwood Blvd.
562-:310-76 Fremont, CA 94555
562-310-77
AP# 562-310-65 1.10 acres Regency Co.
562-310-66 .83 acres 4655 Cass St. Ste. 400
562-310-71 2.47 acres San Diego, CA 92109
AP# 562-310-72 .96 acres Robert H. Hagey, et aJ.
363 5th Ave. Ste. B-110
San Diego, CA 92101
SR 54 AREA TOTAL 48.14 ACRES
9~r7
.' ~!J'~ <:. ,.,'
I'"",,,. 3v
-"'1'11
SOUTH SAN DIEGO BAY
AP# 760-050-08
760-050.09
293.98 acres
MAP;; 141-.370-11S
'3.fi.:?:t acre s
SOUTH SAN DIEGO BAY TOTAL 350.22 ACRES
SWEETWATER PARCEL'
AP# :385-160-04
21.52 acres
AP# 585-160-05
585-160-11
:385-160-12
585-160-19
1.78 acres
1.05 acres
29.46 acres
73.15 acres
AP# 585-160-18
2.20 acres
AP# 585-160-20
1.32 acres
Western Salt Co.
P.O. Box 149
San Diego. CA 92112
San Diego Gas & Elect.
101 Ash Street
San Diego. CA 92101
Sweetwater Authority
505 Garrett Avenue
Chula Vista, CA 91910
Humboldt Financial Ser.
707 Broadway Ste. 1600
San Diego, CA 92101
San Diego Gas & Elect.
101 Ash Street
San Diego, CA 92101
Otay Water District
10595 Jamacha Blvd.
Spring Valley, CA 91977
. This parcel is not one of LAFeO's designated Special Study Areas
SWEETWATER TOTAL
130.48 ACRES
PLANNING AREA 5 TOTAL
897.96 ACRES
TOTAL ACREAGE OF SPHERE STUDY AREA
13,616.71 ACRES
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37
Exhibit B
to
Af.,'Teement between City of Chula Vista,
Lettieri.lvIcIntyTe & Associates, Inc.
and Otay Vista Associates, L.P.
Additional Recitals
\VHEREAS, the City of Chula Vista is undertaking an update to its
Sphere of Influence and has determined that the project meets the California
Environmental Quality Act (CEQA) definition of a "project" pursuant to Section
21065 of the Public Resources Code: and
WHEREAS, in order to comply with CEQA, an Environmental Impact
Report will be required to be prepared to analyze the project's potential impact
to the environment; and,
WHEREAS, public notice of the required environmental services was
published in a paper of general circulation, inviting prospective Consultants to
submit proposals, letters of interest ancVor applications to be on the list of
qualified Environmental Consultants, and
WHEREAS, the City Manager appointed a selection committee which has
in accordance with Chula Vista Municipal Code Section 2.56.230 recommended
the above noted Environmental Consultant to perform the required services for
the City, and
WHEREAS, the majority of the project area encompasses the Otay Ranch
General Development Plan/Subregional Plan area owned by Otay Vista
Associates, L.P. (Applicant which will be the primary beneficiary of the City's
Study); and,
WHEREAS, the Environmental Review Coordinator has negotiated the
details of this Agreement in accordance with procedures set forth in Sections
2.56.220-224 of the Chula Vista Municipal Code and Sections 6.5.2 and 6.6 of
the Environmental Review Procedures; and
WHEREAS, this Three Party Agreement has been drafted in compliance
with Chula Vista Municipal Code Section 2.56.220 et seq. relating to purchases
of environmental services.
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Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
[ X] Single Fixed Fee Arrangement.
For performance of all of the General and Detailed Senices of
Consultant as herein required. Applicant shail pay a single fi..xed fee
in the amounts and at the times or milestones set forth below:
. .
Percent
Milestone or Event of Amount Date
Fixed 1
Fee
l. Signing of this 10 $7,392 ,July 25, 1994<
agreement by all
parties and upon
['equest of the
Contractor.
.J Submittal of 40 $29.569 August 18, 1994
Screencheck Draft
EIR, lVIlYIRP, Technical
Appendices. plus
Fiscal Analysis.
., Submittal of Draft 25 $18,'!80 September 12, 1994
oJ. EIR, Ml\1RP, Technical
.-\ppendices, plus
Fiscal Analysis.
4. Submittal of Final 15 $11,088 November 4, 1994
Environmental Impact
Report, Response to
Comments, and
lVIl\1RP, CEQA
Findings. Statement of
Overriding
Considerations, plus
Fiscal Analysis.
o. Certification of 10 $7,393 February 6, 1995
FEIR by LAFCO.
r X] Sing-Ie Fixpd FC'P Amount:
s
7:'; 922 00
9 ~ ~()
Pelyment for services for each milestone. for events 2.5. shell! not exceed 80% of the amount
until the milestone hels been completed.
2 Assumes FIND model ,btel aVelilable for review bv August 15. 199,1.
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Applicant and the City further agree that City will incur staff expenses as 3-
result of Applicant's application other than the expenses provided herein. an:::
that with regard to Applicant's future payrnent for those other expenses. the
Applicant will be given credit for at least 56,864.00, but not to exceec:
S 14.040.00. Such credit represents the "fair share" contribution by the Cit::
ancVor other parties who will receive a benefit from preparation of the Sphere 'J:'
Int1uence Study. and the Environmental Impact Report (EIR) produced pursuar::
to this ,-i.greement.
Phased FL.xed Fee ~\rrangement.
For the performance of each phase or portion of the General and Defined
Services of Consultant as are separately identified in Exhibit E, under the
category labeled "Phased FL.xed Fee Arrangement", Applicant shall pay the fixed
fee associated with each phase of Services, in the amounts and at the times or
milestones set forth hereinbelow (Phased Fixed Fee Arrangement). Consultant
shall not commence Services under any Phase, and shall not be entitled to the
compensation for a Phase. unless Applicant shall have issued a notice to proceed
to Consultant as to said Phase.
Phase Fee for Said Phase
L $
2, $
3. $
4. $
Time and Materials
For performance of the General and Defined Services of Consultant as
herein required, Applicant shall pay Consultant for the productive hours of time
and material spent by Consultant in the performance of said Services, at the
rates or amounts set forth hereinbelow according to the following terms and
conditions:
[ ] 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 General and Defined Servises herein required
of Consultant for $ including all materials, and other
reimbursables (Ma.'Cimum C)mpensation).
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[ ] Limitation without Further Authorization on Time and Materials
Arrangement
At such time as consultant shall have incurred time and materials equal
to Authorization Limit, Consultant shall not be entitled to any additional
compensation without further authorization issued in writing and approved by
the City Council. Nothing herein shall preclude Consultant from providing
additional services at Consultant's own cost and expense.
Rate Schedule
Category of Employee
of Consultant
Name
Hourly Rate
Project Director Bruce Mclntyre $95.00
Project Manager Marni Borg $85.00
Senior Planner Mary May $65.00
Associate Planner Mike Gonzalez $55.00
Fiscal Consultant Stan Hoffman $138.00
[ ] Hourly rates may increase by 60/r) for services rendered after June 1, 1995, if
delay in providing services is caused by City.
5. Materials Reimbursement Arrangement
For the cost of out-of-pocket expenses incurred by Consultant in the performance
of services herein required, City shall pay Consultant at the rates or amounts
set forth below:
[X ]
None, the compensation includes all costs.
Cost or Rate
[ ] Reports, not to exceed $
[ ] Copies, not to exceed $
[ ] Travel, not to exceed $
[ ] Printing, not to exceed $
[ ] Postage, not to exceed $
[ ] Delivery, not to exceed $
[ ] Long Distance Telephone Charges
not to exceed. $
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Pelle :3
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Other Actual Identifiable Direct Costs
, not to exceed S
, not to exceed S
Deposit
[ X j Deposit Amount: S 7jJ~OQ!JO
Use of Deposit to Pay Consultant.
~otwithstanding the sole duty and liability of Applicant to pay
Consultant, if this paragraph is checked, upon City's receipt of billing by
Consultant, and determination by City in good faith that Consultant's
billing is proper, a judgment for which Applicant agrees to hold City
harmless and waive any claim against City, City shall pay Consultant's
billing from the amount of the Deposit. If Applicant shall protest the
propriety of a billing to City in advance of payment, City shall consider
Applicant's protest and any evidence submitted prior to the due date for
the payment of said bill by Applicant in making its good faith
determination of propriety.
[ X] Use of Deposit as Security Only; Applicant to Make Billing Payments
(after 30 days).
Upon determination by City made in good faith that Consultant is entitled
to compensation which shall remain unpaid by Applicant 30 days after
billing, City may, at its option, use the Deposit to pay said billing.
Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
] Monthly
[ ] Quarterly
[ X] Other: Upon Completion of Each Milestone
B. Day of the Period for submission of Consultant's Billing:
[ ] First of the month
[ ] 15th day of each month
[ ] End of the month
[ X) Other: On the 10th of each month following- completion of
each Milestone
C. Day of Payment of City by Applicant:
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D.
Other:On the 25th of any month in which Applicant receives
bill from Consultant or Citv per above (i.e. on 10th of
the month following- completion of a Milestone).
City's Account .'Iumber:
241-5201
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EXHIBIT D
Proposal to Prepare
the
Environmental lmpact Report
and Associated Documents
for the
Chula Vista Sphere of lntluence Update Study
Prepared for:
\-Ir. Gerald .I. Jamriska. AICP
Special Planning Projects Manager
Otay Ranch Project Office
315 Fourth Avenue. Suite A
Chula Vista, CA 92910
Submitted by:
Lertieri-'lcIntyre and ..\ssociates. Inc.
i551 Fourth Avenue. Suite 430
San Diego, CA 92101-3152
(619) 238-4241
February 11, 1994
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LETTIERI - :-.1cl:><'1IRE AND ASSOCIATES. 1:>lC.
February 11. 1994
:vfr. Gerald Jamriska, AlCP
Special Planning Projects Manager
Otay Ranch Project Team
315 Fourth Avenue. Suite A
Chub Vista, C\ 91910
SUBJECT: Proposal to Prepare the Program EIR and associated documents for the
City of Chula Vista's Sphere of Inl1uence Update Study
Dear :vir. Jamriska:
Lettieri-McIntyre and Associates (LMA) is pleased to present this letter of interest
ami our proposal to provide environmental consulting services to the City of Cbula Vista
for the above named project. This proposal thoroughly responds to the submittal
requirements outlined in the Request For Proposal dated January 21, 1994.
We have assembled a highly qualified team with extensive experience in Sphere of
Influence studies. fiscal analysis, public facilities planning, and environmental analysis.
Specifically, our team includes professionals that have direct experience with the City of
Chub Vista. Otay Ranch and Li\FCO's procedures. In addition, LMA is included on the
City of Chub Vista's and Li\FCO's "Qualified Environmental Consultant List".
Our team is very familiar with the vast amount of information that has been
generated to date for the majority of the Sphere of Influence Update Study Area.
Therefore, we have compiled our team and prepared our scope of work on the premise that
the extensive amount of existing data can and will be utilized for the Program EIR analysis.
We have copies of the majority of the support documents listed in the RFP at our office
which will facilitate the research and data gathering phase of the scope of work.
I \vill be the Project Director for preparation of the Program EIR and associated
documents. Marni Borg will be the Project Manager in charge of the daily document
coordination and preparation. We look forward to working again with the City of Chula
Vista. Should you have any questions. don't hesitate to call Marni or me at 238-4241.
Sincerely,
LETTIERI-MCINTYRE AND ASSOCIATES
~ffl~
M. Bruce McIntyre 0 _ c'-- /
Principal / j &:7
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nBU: OF CO.'TE:'ifS
Section
Title
~
10
f nuoducnon
I-I
2.0
CndCrStaIlillnc ot the Project
Scope ot \Vork
3 I General Approach
3.2 Project Imuaaon and SCOpIng
.;3 Oral! EIR
3.~ Yliugauon lvloilllOnng and Repomng Program
J:5 Final EIR
3.6 CandJdate CEQA Findings
3.7 Statement of O;emding Conszder:mons
3. S Yfeenngs and Public Heanngs
Project Team and SlInnnarv at QlIaJificaaons
PrOject Schedule
Fee Schedule
Comrmoneat to Equal OpponurulV
Statement ot Offer
1~1
, 0
3-1
3-1
3-i
3-2
3..{)
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]...6
3'<;
3-6
+0
+-1
5-1
6-1
5.0
60
- 0
8.0
7 -I
S-I
\PPF.::'JDICES
A-
S
C
Resumes
Related Project E:qJenence
Client References
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9-56
tl1
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1.0 I"TRODI'CTlO:\
Letnen-Mclntvre and A,ssociates ID1AIIS presennng
this proposal to the City of Chula Vista ill response to a
Request for Proposal (RFP) dated January 2 L ! 99~ The
RFP requests consulung semces to prepare the Program
EIR and asSOCIated envuonmental documents for the
City's Sphere of lnfluence (SOD Update Studv [n
prepanng thIs proposaL we have re\1ewed applIcable
5Upporrillg documemaoon and coordInated with staif
from the CirvofChula Vista and LocaJ Agencv Formaoon
ComnusslOn ILAFCO). !n addiuon. we have nslted the
SOl Update Study Area to develop a personal apprecJaoon
for the area s spectaI features.
TIlls proposal demonsuates the followmg keY leatures ot
our team:
. Direct working expenence WIth the Otav Ranch
General Development PI:mJSubreglOnal Plan I GDP/
SRP) and City of Chula Vista;
. Working knowledge of the issues surrounding the
Sphere of lnfluence Study Area. parucularlv the
development of the Otay Valley ParceL the IDvened
'L" and the Reson Village pomons of the Otav
Ranch;
. Expenence WIth Sphere of Influence Plans and
LAFCO Guidelines governing thelT preparanon;
. Ski11ed use and llllerpretaUon of the CaJiforma
Envuonmental Qualirv ACI (CEQA) of 1970. as
amended (Pub. Res. Code 921000 et seq), the Stale
CEQA Guidelines (CaL Adm. Code ;jljOOO er seql
and the City ofChula Vista. s Environmental Renew
Procedures (Chula Vista City CaUDell Resoluoon
11086);
9-5'5
. E.\1enslve expenence serving as exteDSlons of public
agency staif. including the City of Chula Vista;
. Extensive expenence analyzmg large-scale plans
and programs andde\'elopmg 1DD0vauveand f=ble
soluoons to complex challenges;
. State-of-the-art document preparauon. graphics.
reproducuon and presentaUon capabilioes: and
11 Commitment to provide:
. AC=le and comprehensIve envuonmental
consulung services based on our thorough
understanding of the project. familiamy Wlth
the Study Area's'oppottumties and constralllts.
and extensive CEQA and plannmg expenence:
. High quality project management;
. Timely performance:
. Excellem presentation skills; and
. Legally defensible analysis methods and
documentation.
Pago 1.( d<;!;
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l.ll ["OERST.\.'oOING OF mE
PROJECT
The proposed Program EIR ",J! be 3 pan oi the
~omprehensIveupdareoithe CityofChula Vista s Sphere
of Intluence boundanes. The EIR wtll evaluate the
porenuaJ en\lIonmemaJ effects of the SOl Update Studv
3t 3 progr:unmauc level. A.nnexaoon of all or selected
pornons or" the Study Area and poSSIble General PIm
AmendmentS on parcels WIthin the City's SOl but not
generallvpLanned by the CIty would be most appropnateJv
3ddressed bv SUbScqUcnI environmental document.1oon.
We understand thaI the SOl Update Study WIll evaluaIe a
larger geograpluc area than mayultimmely be Induded In
the City' s SOL Areas Induded in the SOl Study Area
were d~termmed based upon their anncrpated complLance
WIth LAFCO Sphere PI3llDlUg procedures induding a
demonstrated need for urban semccs WIthin the next 10
to IS years. Areas Induded in the SOL Study Area arc:
Ora, Ranch Prouenv: Several parcels Included
WlrhintheOlav Ranch GOP/SRParca will be !Dcluded
III the SOl Shulv Area. These rndude: the "Olav
Vall",' Parcel" ';Rcson Village" and "lllVenedL".
The~ three ~ls were extensively ",'aluated in the
Otav Ranch Em (90-0 I), and informanon comamed
lD that Em will be incorporated intO the proposed
Pro= Em as appropriate. Tills pornon of the
Study Area will be the primary focus of anaJ\"SIS ill
the SOL Update Study and Program EIR
, Outp.rcel.: Numerous private lOot !Dcluding lands
owned bv Otav Vista AssocIates I and publidy-owned
parcels 'WllI be Induded in the SOL Studv Area.
While not anaIvzed in the Olay Ranch Em (90-0 I).
due to the proxinntyto the OlaY Ranch. that Em mll
be incorporated by reference where appropnate. In
addition. the Chula VtS1.1 General Plan Update Em
(88-02) "ill be incorporated by reference for these
parcels.
Sr=aJ Slulh Area>: "SpeoaI Study Areas:' located
Wlrhin the jurisdicnons of the City of San Diego and
City of National City were identified in the onginal
Ch;Ua Vista Sphere" of lniluence adopted in 1985.
The status of the SpectaI Study Areas will be addressed
in the SOIUpdate Study. The previous EIRs prepared
for rhe Otav Ranch. specIfic proJect,level
enVlronmemal documenmtion. and the General Plm
9-;;/
L'pdate will be consulted for the anaJvsrs of these
parcels.
LMA has a clear understanding of the Issues that =
relevant to the proposed proJect. Based on oar exrensne
knowiedge of the analysis conducted to date on the OlaY
Ranch. the existing Chula Vista Sphere of Influence and
the Chula Vista General Plan Updare. we belie,,: that the
folloWlDg ISSUes will be an integral pan of the Program
Em analysIS:
L
The Sphere of Influence Studv will define subareas
that will involve a wide range ofland use ISSUes such
as Commumty Character. General Plan collSlstenc\".
need for and ability to pl"OV1de public setV1CCS and
facilities. phasing, access. naruraJ resources. and
costS. The Em will need to objectively assess those
factors to clearly identifY alternatives and theU"
impaCtS so that the City, affected agenCIes. and
LAFCO can evaluate the vanous proposals. L\1A
WIll utilize all of the existing land use 3nd
envIronmental studies. supplemented where
necessary, to properly analyze the SOl proposals.
2.
The Olav RanchSCIVicelRevenuePIan(FIND Modell
assumptions and conclusions have taken into
consideration that urban levels of service will be
reqwred for the areas proposed for study within the
Sphere oflnfluence. That level of serviceis consistent
WIth the standards of the City of Chula Vista. The
model will need to be updated. and it is our
understanding that the City is discussing thaI updare
process with Ralph Andersen and Associates: Our
effon will focus on providing a review and
interpremtion of the model information and capital
facilities financingpIanfortheEmanalysis. A third-
party review of the model update is considered an
opnonal task.
There are clearly defined physical (oatural and man-
made) features that define all of the Study Areas.
including ourparcels. Those feamres helped
determme the land use relationslups that were
ultimatelv adopted as a pan of the Olay Ranch GOP/
SRP and the ChUla Vista General Plan. An example
would be the "Itivened L" propeny and the various
"ourparcels" on the Otay Valley parcel. The
delineation of these boundaries shonJd assist in
defining the logical seIVice agency as it relates to the
proVIsion of urban ServIces for these parcels.
Page 1.1
s-c
fill
.. TheOtav Ranch lmplemenranon Plans =de sen1ce
level assumpnous for the "Otay Vallev". "Reson
Village" and the "Invened L. parcels. Those
assumnnous were earned forward to the Sen1ce!
Revenue Plan and WIll serve as a reason for
eOllSldenng these areas for InclUSlon In the SOl. .-\11
ISsue to be addressed IS nmmg. EspeclalIv mth the
Reson Parcel. the quesnon of the City' s ability to
proVIde public 5el"\1ces to the area will need to be
discussed in the ErR. One parncuJar ISSUe that will
need analYSiS IS the fact that the "Reson Village
Parce!" WIll need to annex to the Metropolitan Water
Distncr !MWD) and the County Water Authonty
(CIV A) prior to !lnponed water servIce bemg
avaIlable. Dependtng on the City' s d=lOn ret;arding
these parcels. L\1A will work to desIgn an obJecnve
analySIS of the impacts and propose measures to
Implement the recommended co= of acnon ,,"th
the goal of mitiganng those unpaClS.
5. The two Special Study Areas Involving the City of
Nanonal City have well-defined issues that WIll be
addressed in this Program ErR. In fact. since the
preparanon of the 1985 Chula Vista Sphere of
Influence. circulanon and public semce declSlous
have been made to better define the junsdicnonal
future for these areas. L\1A "ill work \VIth City staff
to pnmde the level of analySIS necessaty to support
the direcnon mcluded in the SOl Update Study tor
these parcels.
6. Although the Otay Ranch is one of the largest smgle
landholdings in the County, there are outparceJs and
other mtseellaneous land holdings that need to be
addressed in the SOl Update Program ErR. We have
reVIewed all of the land use. resource and public
semee informauon on these parcels and we
understand theIr relanouship to the City of Chula
Vista. As a partoftheanalysls of these parcels. L\1A
will remew any discrenonarv stUdies/permits for the
Daley Rock Quarry, landfill. including a1temanves.
the Eastlake General Plan Amendment/land swap,
and the Otay Water District ReservOIr property.
The ProgramEIR will need to be drafted to interrelate
Mth the Otay Ranch GDP/SRP and supporting
documents. L\1A has a working knowledge of these
documents which will asslSl In resolving Issues
prevtously addressed in these documents and aV<lld
lDCOUSlStencres berween the environmental findings
and Ill1tiganon momtonng program for the GDP/
SRP EIR and the EIR for the SOl Update.
3. A number of alternauves have already been
consIdered by theOtay Ranch Implememanon Plans
and the Community Facility Master Plans. L\1A has
a working knowledge ofall of those plans. Although
we do not believe there is a need to duplicare this
effOrt when It comes to the level of public facility
analysis for the Study Areas. our techmcal support
staff has the capabilities to test alternatives should
the City so desrre.
9. Preparation of the Program EIR WIll parallel
preparauon of the comprehensIve SOl Update Study.
In order to produce thorough and compatible
documents and to meet the aggressive schedule for
processing the SOl Update. LMAproposes a highly.
coordinated effort amongst the City's consultant
team, City staff and the City's legal counsel during
preparation of these documents.
9-tcZ
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3.0 SCOPE OF \VORh:
3.1 ~neraJ Approach
L\fA's approach to prOYld1ng em1ronmentaJ conswung
sen 1ces to the City for tills project IS based on tWO
fundamental conc..,lts: i) relJance upon the eXlsnn~
database. :ll1d 2) team work to amve at re.ilisnc soiunons.
3.1.1 Existing Datahase
On October 28. 1993. the Citv of Chula Vista and Ihe
CounrvnfSanDiego madefundamema! land use dectSlOns
regardlllg the character of development w1th1n most of
the area bemg considered bv tills SOl update Study and
Program EIR. namely the Omy Ranch. The Program EIR
for that October. 1993 set of acuons collSldered a full
range ofCEQA tmpactS. Illcluding Growth InducemenL
Commumrv Character. Land Use Conslstencv ",th
adopted General Plans. etc. In addinon. an EIR was
prepared for the City of Chula Vista' s General Plan
Update. This Em provided a comprehensive analVSIS of
the Impacts a5SOCl3ted WIth changes to the L:ll1d Use.
Circulanon and Public FacilinesElements of the General
Plan. Both of these documents generated a conslderanle
amount of technIcal data.
It IS our oplll1on that the level of land use and public
facilityplanmng, enVlfOnmema!anajyslS. andfiscaJ l.ltlOOct
modelling conducted to date tor the Otay Ranch and the
General Plan Sef\'es asasolidfoundanon tor this Program
EIR F ot that reason we are notproposmg to .. reinvent the
wheel"
Rather. we are propoSlllg a work program that would
unlize eXlsung informaoon and focus the EIR on
suppiemennng the existlllg analYSIS to comply mth
LAFCO reqUlfements and suppon the City' s pianmng
effons. Incorporation by reference. which is encouraged
bv CEQA to reduce paperwork and redundancies. would
be used when appropnate, We em1Slon the maJonty of
the new analystS will focus on the Ourparcels. Spectal
Scudy Areas and Mi=llaneous Land Holdings. public
sen1ce alternaoves. phasmgandfinancmg, and potennal
fiscal impact to the City and rematnlllg Counrv areas.
3.1.1 Team Work Approcu:h
L \1A will prOYlde close:ll1d COtlSlStettt coordination 'Hth
Cirv staff throughout the EIR preparanon. r","ow and
cerniicanon process. We firmly believe III the ments of
eariv coordinanon mth City staffbefore co=encng the
work effon to Idennfv the level of analystS and spec1fic
approach to the anal)'SIS. We have Illcluded two scoplllg
meenngs mth City staffandLAFCO staff. as appropriate.
to r","ow the scope of the Program EIR The goals of
these meenngs would be to: I) Ill1tiate the contract: 2)
= that we have a thoroughandaccurate understand1ng
of the project: 3) ob= reprodncJ.ble base maps which
Wlll form the basiS lor our graphics; 4) confirm that we
have all eXLSOllg prOject tnformanon necessaIyto prepare
the Program EIR and related envuonmental documents:
and. 5) scope tb.e ISSUes and level of analysis appropnate
for tills project.
Although not specified in the RFP, we recommend a
meenng mth City staff pnor to submiTtal of the screen.
check DEm to the City to discuss the preIitmnary
conclusIOns of the Program EIR. In this way, staff may
make alteranons in the ptOject or suggest appropriate
nuuganon measures which would avoid or lessen
51gmficant enVIronmental impacrs before completion of
the Draft EIR for City revtew. As such, our team work
approach allows the project team tb.e maximum
opponuruty to develop tnnovative approaches to solving
challenges and develop a murually agreed upon analysIS.
while complying mth the intent ofCEQA.
We also recommend that the City's legal counsel be an
mtegrnl part of the tearn. In an era of increasing court
challenges. it may be appropnate to include the City's
counsel in soopingmeetings. We recommpnri that oounsel
alsoreY1ew. ataminimmn. thescteencheckProgramEm
to vemy the approach and conclusions of the analysis and
the responses to comments to assure that every effon has
been made to address the issues raised during the public
r","ew period.
3.2 Project Initiation and Scopiog
We believe that the ptoJect initiation and seoping phase is
the most vital component of the Em process because it
"sets the stage" for a thorough. yet focussed. analysis and
__ / "sets the foundation" formeenngthe schedule and budgeL
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TIlls phase of the scope of work Includes compiling all
dam pm~ously prepared for the SOl t: pdate Studv Area.
mcluding techrucal repons and pJanrung documenlS and
conducung a thorough nslt of the three OlaY Ranch
propemes. Outparcels. SpeCIal Studv Areas and
Miscellaneous Land Holdings. Also dunng this phase of
the project. L\1A would meet with City staff to rev1ew the
scope of the Program EIR L\1A would prepare a draft
but detaJled project descnpnon w!uch \\,il be mlewed
Mth the City staff. The rev1sed and approved project
descnpDon Mil form the basIs for the EIR' s eDTIronmemal
Impact analVSIS.
Dunngthis lilltial phase of the project. feastble a1terrulDyeS
to be addressed in theEIR would be Idennfied. AdmmedN.
the purpose of the a1ternanves is to rmngare or aVOId
Slgnill= adverse unpaClS assOCIated Mth the. proposed
project Dunngthe lillnal phase of the proJect. conclusIOns
as to the Slgmficant tnrpaClS of the proposed project MIl
not have been idennfied. However. to the extent poSSIble
altemanves will be ldennfied early SO as to ensure that
they are adequately addressed in the E1R
Lastlv. our subconsuJtant would be grven notice to proceed
IVlth the m~ew of the existing and updated fiscal
tIIformanon. We assume that the update of the fiscal
model \VIll be contracted separately. and that Ralph
Anderson IS bemg cOllSldered for tlus effort. Our team
also has the capabilities to conduct the model update. and
should the City deSIre L\1A to conduct the model updare.
the update would commence dunng tlus phase of the
conrract.
With respect to noncing.lt is our undersunding that the
City WIll prepare the Nonce ofPreparanon (NOP). and it
IVlIl be dismbuted during tlus phase of the proJect.
3.3 Draft Em
Preparation of the Draft EIR is the pnmary task of our
environmental consulting services. In compliance WIth
Secnon 151680ftheCEQAGuide1ines. L\1A will prepare
a Program EIR A Program EIR is the most appropnate
approach to a large-scale project w!uch has several
componenlS that are related geogrnphica1ly and mll be
implemented separately over a long penod of time. The
ProgramEIR will bea "standalone"' documemwhich WIll
incorporate by reference analyses from related EIRs.
The Program EIR will comply completely Mth the cnte:na.
standards and procedures of the Califorma Envuonmemal
Quality Act (CEQA) of 1970. as amended (Public
Resources Code Scctlon 21000 et seq), the Swe CEQA
Gwdelines (Cal. AdmIn. CodeSecnon 15000 etseq), the
CityofChula Vista' s EnvuonmentalRe\~ew Procedures.
and any other applicable. locaL state and federal
environmental staTUtes and gwdelines.
TIlls phase of the scope of work inyolves two componenlS:
(!) preparanon of the screencheck Draft Program EIR
and (2) preparanonand dismbunon of the Draft Program
EIR for public revtew.
3.3.1 Contents of the EIR
The Program EIR will contain aU secnons reqw.rcd bv
Secnons 15122 through 1513 I of the CEQA Guidelines
The Program EIR will include the following sections:
. Table of Contents
. Execunve Summary
. Introducnon
. Project Description
. Environmental Setting
. Environmental Analysis
. Cumulative lmpaClS
. Growth Inducing Impacrs
. Relationship between Shon-term Uses of the
EnVIronment and the Maintenance and
Enhancement of Long- Term Producnvity
. Irreversible Environmental Changes
. Effects Found Not To Be Significant
. Persons and Organizations Contacted
. References
. List of Preparers
. Alternanves.
In addition to these components of the Program EIR.
LMA will compile supporting documents into a separate
volume. ortheAppendices. The Appendices will include
the NOP. responses tome NOP andanytechrucalrepons
generated for tlus EIR. At this point. the only technical
report which may be included in the Appendices is the
Fiscal Analysis.
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].].2 Environmental Issue Analysis
The environmental issue analVS15 WIll be the heart of the
ProgramEIR In generallheenvuonmentaJanalYS1S WIll
address the eXISllllg enY1IOnmem. potennal impacts that
the preierred Sphere oiInfluence change rmght have on
the eXISllllg environment and mmgallonC S) 10 offSet
sIgnificant ImpactS. For each envlfonmental Issue
addressed ill the Program ElR, a conclusJOn ",ill be
cleariy drawn as to the Stgmficance of impact. Ail
feasIble rmtiganon measures which could be earned oul
10 reduce or elimiruue adYe= tmpacrs of the proposed
project ~ be evaluated.
The rmtiganon measures Identified in the Program EIR
wIil be clearly linked to a specilic potennally Slgmficant
Impact. The mitiganon measures WIll be worded 10 the
Program EIR as conditions that can be mOilllOred. In
compliance WIth Secnon 2I 08 1.6 ofCEQA. as amended.
the "who. what when.. where. why and how' ~ be
Identified in each measure. As such, the mmganon
measures and mOilllOnng components can be eastly
summanzed in the document's Mitiganon MOilltonng
and Reporting Program. Where minganon measures
eXISt but are considered infea.s.tble. the EIR ~ comalIl a
discussion of the reasons upon which the finding of
infeas.lbility IS based.
The EIR will.assemble all avatlable da.1.a and pro"de an
assessment of the probable shon- and long-term
cumulanve impacrs of the proposed Sphere amendment.
The exisnng conditions of each issue will be based on
eXISllllg data. newly generated information and site
reconn.i<>ance. A complete list ofall documents used to
generate the e.-osting conditions. impaCts and rmtiganons
WIll be illcluded at the end of the Program ErR.
We concur WIth the pre1imm.arY identificanon oi issues to
be addressed in the Program EIR as Identified by the
City's RFP. The envuonmental issues to be addressed in
the ProgramEIRare: I) land use andcommunny character:
2) public semces and facilities. and 3) fi.scal. Othenssues
may arise as more specIfic development plans are
proposed. and these ISSUes wolid be most appropnarely
addressed in supplements to the Program EIR as IOtended
by CEQA.
The follOWIng summanzes the issues to be an.alyzed for
each of the tmpact an.alvses:
A. Land Use and Community Character
The analYSIS ofIand use impactS will pnm.anly address:
. \Vhetheror nO! theproposedIand uses are companble
WIth the surrounding eXlSting and proposed land use
patterns in the City of Chula Vista. County of San
Diego. City of National City and the City of San
Diego. The focus of the land use an.alysts will be the
relanonship of the Sphere Study Areas to the need for
semces. land use type and denmy constSlCIlcy, and
Impact on adjacent commumties;
. Whether ornOl development is proposed inan orderly
manner. conslSlent with the General Plan of the City
of Chula Vista. Otay Ranch GDP/SRP and Village
Phasing Plan.. and LAFCO Guidelines. Pan of this
effon ~ include an analysis. through the updated
ServiCe/Revenue Plan.. as to fiscal. service and
pJannmg impact on adjacent service agencies/
Junsdicnons;
. Whether ornot there is a clear need for an tuban level
of semce for the proposed Sphere Study Area
Specific an.alysis of LAFCO Guidelines will be
addressed regarding the encourngemem of compact
development. discouragement of premarure
conversion of open space and agnc1tlturaJ lands.. and
encouragement of orderly development and
expansion of local agencies; and
. Whether or not services can be provided by the City
of Chula Vista in an efficient manner and at an
affordable level. Through a combination of the
Facility Implementation Plans and the Service!
Revenue PIan.. this isst.lC can be addressed in a
comparanve an.alysts to provide the policy-makers
WIth the data to make a decision. The Service!
RevcnuePlananalyzedseveraJaltemalives, andRaIph
Andersen's updated model run will be lItili7Hj to
provide additional suppon for the SOl Program EIR
analysis.
In addition.. the Program EIR will analyze:
. CurremstUdiespenainingtoSR-54 and the Tidelands
Spectal Study Areas to refine and update the 1985
Sphere Study. Since 1985. Ch1tl.a Vtstaand National
City have coordinated planning and service delivery
in the SR-54 Special Study Area. LMA will
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coordinate WIth the Chula Vista on the
r==endauons tnthe SOl Update Studvto address
any rC\1SlOlIS to the 1985 Sphere thaI maybe proposed;
and
. Recent resource and pLmmng smdies for the Olav
River (east ofI -805) parceliliat haYe been completed
since the General Plan was adopted. Tlus area IS a
pan of the Olay River RegIOnal PaItF ocused Planning
Area and is presently III the City of San Diego. It IS
the onlv parcel north of the nver and WIthin the City
of SanDie go. ServIce delivery, access. park planning,
and resource ISsues will be C\1dentIn this area.
The Olav Ranch GDP/SRP and all supporting planning
and cO\1lonmental documents will serve as the basIS for
artaIVSIS for most of the SOl Update Study Area. In the
case of the remaining areas. the Chula Vista General Plan
and suppomng documents will be the basiS for analySIS.
as well as any plans and proposals that develop out of the
City's concurrent SOl Update process. To supplement
our analysis. LMA will review:
. The Oray Ranch Village Phasing Plan. Facility
Implementauon Plans and Co=unity Facility
'.1a.ster Plans to determine need for services relauye
to the 10 to 15 year nme frame.
. The Chula Vista General Plan. Growth Management
Program. Olay Ranch GDP/SRP Policies and Land
Use DeSignations. and the Facility Implemenranon
Plans. to address land use policy, CO=UIllty
character. General Plan cOllSlStency issues.
. The Orav Ranch PrograroErR. supportingGlS maps.
the Resource SensItiVIty ArtaIysrs. and other regional
resource maps iMSCP/NCCP) to detenmne locaIIv
and regionally stgmficant natural boundaries iliat
would be relevant to a Sphere deternnn:mon.
. Series 8 Regional Growth Forecast to idennfv the
level of need for additional urban development to
accc=odate anucipated housing andsupport SerVIce
demands.
. GDP/SRP Prograro ErR. Chula Vista Gt:neral Plan.
:vLSCPMaps. theorav RanchResourceManagernent
Plan. existing soils survey maps, and the Oray Ranch
SeMceJ Revenue Plan to deternnne impactS on Prime
Agncultural Lands.
. Other City and SpeC1a1 Dismct Master Plans 10
tdenufy and analyze impactS of any ]t1rISdicnonal
change.
B. Public Seniceo and Facilities
Public semce availability goes hand-in-hand mth the
analysIs of land use impaCts and the phasIng of
development The Facility ImplemenrauonPlans and the
SemwRevenue Plan (in most a=) have been dra1kd
to respond to the final approved GDP/SRP for the Orav
Ranch. The existIng Facility Implemenrauon and Semce:
Revenue Plans assume semce levels suniIar to those
proVIded by the City for all urban dC\'elopment areas.
SpecIfic selVlce provider assumpoons were not made 31
the GD P level.
The PrtnIarY public service issues to be add=sed in this
sceoon of the EIR include:
. Water: How will the areas included in the proposed
sphere of influence be prOVIded water selVlce and
what tmpactS will be created on the serviCIng dismcr
and existIngeustomer.;? The majority of the lands In
the proposed SOl are within the junsdicuonal
boundaries of the Otay Water District although not
presently being served for urban development
However. the area norlh and east ofLowerOtay Lake
is not within any water district boundaries nor is 11
within the boundaries of the San Diego County
Water Authonty (CW A) or the Metropolitan Water
District (MWD). LMA will work with staff to
consider options for water service to be revIewed in
the EIR. Possible options may include:
. Service by the Otay Water District;
. ServicebytheCityofChula Vista or City of San
Diego. If service is provided by the City of
Chula Vista, annexation of the City into the
CW A and MWD wotild also be required;
. Service by the SweetWlIter Authority. The
Sweetwater Authority exists as a Joint Power.;
Agreement between the South Bay Irrigation
District (SBID) and the City of Nation:il City.
nus option wotild require tIern"hm""t nf some
SOl areas from own and annexation into the
SBID and thus into the SweetWater Authority;
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. Senlce by a new Water Dismct. Would reqwre
detachment oisome SOl areas from O\,D and
tbe formanon of a new water dismct which
would need to become a member of tbe CWA
and~1WD. New fucIlineswouJdneed to be otuit
to sen.e the ProJect orwouldneed to be purchased
from e:asnng water dismcrs such as the City oi
San Diego.
. Sewer: How will the areas lOc1uded in the proposed
SOl be proVIded sewer senlce. and what unpacts
w1l1 be =ted on the semCillg dismct and extsnng
customers'! The analYSIS would include senlCC
avmlabilitv as well as trealIDent plant capaCttv
Possible semce prO\lsion 3..ltemanyes mclude the
foliowmg:
. Cirv of Chula Vista. The Cilv has eXlsnng
~TRO capamy:
. Otav Waler Dismct. O\YD is empowered bv
law to proVIde sewer semce. Treannenr plant
capacity would need to be obiaJned mher by
bUYIng into new METRO facllines or
construcnng a rcclamanon plant in the Oray
River ValIev,
. Formation of a New Dismct. This aJtemanye
would also reqwre buying lOtO METRO capaCl tv
or construcnng a new water reclamanon iacilitv
in the Otay River Valley
. Police: How will the proposed SOl propemes be
proVIded bw enforcement protectionl Whallillpacrs
will be crealed on exisnng departments and
commumties'l PresemIv. the maJontyofthe proposed
SO! propemes are served by San Diego County
Shenff's Office oul of the lmpenal Beach Stanon
while the City of Chula Vista provides police
prolecnon to the City limits. L\1A will work WIth
staff and existing senlce prOVIders 10 establish
allemanves and reYlew the impacts. Possible
aJtemanves may mclude semce by the City of Chula
Vista. the City of San Diego, the County Shenffor a
combmation.
. fire and Emergency Medical: How will tbe =
proposed to be included in the City. s SOl be pro\lded
fire and emergency medical senlces'! Presently.
although not localed in a fire protection dismct.
semce IS prOYlded to tlte Otay Ranch property by the
J amul and Dulzura Stanons of the mral fire prOlecnon
dismct. The California Deparnnem of Forero;.
responds 10 wildbnd fires only andtheCityofChuJa
Vista responds per an AUlomanc Aid agreemenL
L\1A will work WIth staff and service pfO\lders to
establish alternanves and review impacts. POSSIble
allernam.es may tnclude the City ofChula Vtsta. tbe
Rural Fire Protection Dismct. the City of San Diego
or a combmanon.
. Schools: WhatschooldismctswillprOYldefucilines
for future reSIdents in the = proposed to be
included in the SO! and wllatimpacts will be=tcd'!
Presently, all areas proposed to be included in tbe
SOl are within the Sweetwater Union High School
DismClfor grades 7 through 12 and either the Chula
Vista Elemental)' School DiSlrict or the San Ysidro
Elementary School DiSlrict for grades K-<;. L\lA
WIll work with the affected school districts to
delefIIlllle semce needs and recommended school
diSlrict boundary adjustments, if needed.
A progr.nnmanc level of analysis will also be conduCled
for other puhIic fucilities issues, such as solid waste
management electricity and gas, parks and recreation.
libranes, cemetenes, child care facilities, animal control
and socIal services. The City's General Plan and
implemennng ordinances, tbe GDP/SRP and Progrmn
EIR WIll prOVIde a basis for the analysis of these issues.
The direct impact associated with these issues would be
most appropnareIy discussed insubsequentenvimnmental
documents for development proposals.
C. Fiscal
We en\1sion three tasks 10 be completed for the fiscal
impacl analysIS:
. FIScal AnaJ.vsislRcvenMl! f'fIIn: All rwenue/cost
projections from tlte FIND model will be reviewed
and assembled for the Progrmn ErR. The analyses
WIll cover the City of Chula Vista, County of San
Diego and all relevant Special DiSlriClS. Up to three
altemanves will be analyzed.
. Capital FnrUm"., Fuuurdng PltlII: The capital
faCllities financrng plan will be evaluated and
Page 3.5
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assembled for the Program EIR Kev ISsues mil be
the adequacy of the combinea financU1g program to
cover the neces.sarv capllal COsts In a umeJy phasing
schedule. and WIth benefits eqwrablv spread to the
vanous land uses.
. Third pony r~Evnl,.,m"" of the Updated FIND
Model: We assume that an tndependem update of the
FIND Model will be conducted. and thaI Ralph
Ander.;en will be retallled by eIther the majonl\'
propeny owner or the City to conduct the update. An
Independent review (third-pany) of the FIND Model
data will be prepared revleWlDg alJ assumptions.
methodology, equatIons. calculations and prOjecnons.
Particular anennon mil be given to recent changes In
State propeny tax policies and recent sales tax
propositions. Recommendations mil be presemed
for mcorporanon into final FIND Model runs.
3.4 Mitigation Monitoring and Reporting
Program
We will prepare a separate rmtiganon monitonng and
reporting programCOIlSl5lellt With City formatand Secnon
2108 1.6 ofCEQA., as amended. Themonironngprogram
would be prepared dunng the Draft Em phase but would
not be physically included in the EIR As mennoned
previously, mitigation measures In the Em will clearly
identify the ''who. whaL when. where. and how" to
implement the rmtiganon requirements. In this way. the
monitonng and repomng program can be eastly
established.
Typically, we preparermtiganon momtonng and repomng
programs m tabular formaL Theprogram will idennfythe
following: I) the mitiganon measure: 2) the momtonng
effon: 3) the ume frames ior unplemennng the mitiganon
and verifying that the mitigaoon has been implemented:
~) the persons/agenCIes who would be responsIble for the
carrymg OUt the rmtigaoon and verificanon: and 5) the
dates when the mitiganon and the momtonng acnvities
have been completed. Our rmtigaoon momtonng and
reponmg programs are clear and concise and can stand
alone 3S a separate document.
3.5 Final Em
We will prepare a Final Em which will include detalled
written responses toalJ oral and "nnen comments recerved
dunng public review as well as any revtSions to the text oi
the Draft Program Em which may be warranted on the
bastS of public comments. Persons who commem on the
Draft Em would belisted on thefirn page of the Final ElR
secnon. and responses would be placed side-by-S1de mth
the comment letter. Comments wonld be numbered
sequennally. While not specrlically Idennfied in the RFP.
we have Included one meeting With City staff at the end
of the public review period to discuss the comments
receIved dunngpublic review and approach to responses.
3.6 Candidate CEQA Findings
We will prepare the Candidate CEQA Findings ior the
City. The Findings will clearly identify the sigmfiwnt
environmental impacts resnltingfrom the SOl amendment
and conclude whether the impacts would be rmogated to
below a level of sigmficance or whether mitiganon IS the
respoIlSlbility of another agency. Where Il1lljganon
measures or alternatives may exist but are not COIlSldered
feasible. the bastS for thisconclusion will be clearly st:lled
in the Finding<. The Findings will also identify fe:lSlble
alternatives considered by the City which could reduce
the adverse impacts but are not being proposed.
3.7 Statement of Overriding
Considerations
If sigmficant unmitigated impacts are identified in the
EIR we will prepare the draft Statement of Overnding
Conslderaoons. We will ensure that they co= a
discussion of the social, econoDllC or other fuctors which
serve as the basis for the City Council approving the 501
amendment. We will work with City staff and the City's
legal counsel to develop adl:fundab1e list of considerations.
The conclusions of the fiscal studies to be completed as
part of the Program Em should provide an econotnic
basis for overriding considerations.
3.8 Meetings and Public Hearings
Our scope of work includes attendance at the meetings
and hearings specrlied in the RFP. These include:
. Two (2) project initiation and scoping meetings
with the City, Otay Ranch project team and
LAFCO staff during the data gathering and
scopmg phase;
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. One ( 1) meeuo? mth the City stafflO dtscuss the
prelinunarv condll5lons of the screencnccK Draft
ErR:
. One ( 1) meeIlIl? mth the Resource Conservauon
CODUIllsslOn while the dr:Ui: ProlpdIll ErR 15 aU[
for public renew:
. Two (2) Planrnn? ComrmsslOn public heanngs
on the DraItPro?f'llIl ErR w!uk the document IS
aU[ for public r",'ew:
. One (I) meeuo? 'Vlth Cit\' staff to illscuss
responses to comments receIved dunn? public
reY1e\V and approach 10 comments:
. One ( 1) Planmn? ComnusslOn heann? on the
Final Progrnm ErR and rcl;lted en\'1ronmemal
documents:
. Two 12) Citv CouncIl presentauons on the Final
Program EIR and related envITonmenta!
documents: and
. Two (2) LAFCO presenonons of the FInal
Program EIR Jnd rebted envITonmentaJ
documents.
[n adclition to the meenngs specilied ill the REP. we have
mcluded two adclitional meenngs mth Citystaffin the list
above. These include a meenng to discuss the pretirrunarv
conclusIOns of the emlronmental analYStS pnor to
submlltal of the screencheck Draft Program EIR to the
City for r",'ew and conunent. The other meenng wouid
be to discuss the comments recClVed on the D raft Pro gram
EIR and d",'elop an approach to the responses to the
comments.
The projectdirector311d proJect manager WI J1 attend ail of
the meeungs. 3lld the director 'VIti attend the heanngs.
Attendance by other members of the project team 15 not
included in ttus scope of work.
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~.U PROJECT TL\.\I.\,\O "{,,L\L\RY
Of QL\L[Frc.\T10,\'S
To meet the City's ooj=ve [0 have a comorehensIve
update of the Cirvs Sphere of lnJ:luence.D1A has
assembled a team which possesses kev sblls 3lld
expcnence In the follo",ng JIeas:
. Extensive p!mg 3lld CEQA cxpenence In
the CilV of Chula Vista:
. Direct expenence in the t'ormulauon and
lmplememanon plans forthe Orav Rancn GD P:
. Sphere of Influence studies and ~ppilcaUOns:
. Fiscal impact evaluations:
Fih'Ufe I shows an orgamz;won chartofourte3llL illcluding
kev personnel 10 be a5Stgned to rhe projecl and theu roles~
Relevant experience for each of the members of the team
3lld the asSigned staff is sumrnanzed below
Leruen-McIntyTe and Associates (LMA) was established
in J 986 bv liS two pnnClpals. Anthony Lemen. A1CP. 3lld
Bruce McIntyTe. to bnng together the elements of land
use and envuonmental planning. L'vlA offers expernse In
land use policy, development leastbilitvand emlfonmental
JnalVSIS. The finn proVldes excellem management.
reseJIch. documemanon and presentanon capabilities to
both pnvate enuties and public governmental agenCIes,
TIle Land Planrung Division has expenence preoanng
and evaluaung General Plans. Spec1fic Plans. Sphere of
Influence Smdies. and Community Plan Arnendinems. In
addiuon. L'v1A has expenence in prcpanng zorung
ordinances andhas been responsible for orgaruzmg public
paruclpanon programs. LMA spectaltzes ill projects
which are controversial. reqUIring interagencv
coordinanon and extensive citizen and illtereS! -group
pamClpanon.
L1<lA's EnVlronmental Planning Division has prepJIed
Em,ronmental Impact ReportS for a mde vanerv of
projects Ineluding tnLxed use. commercial. resldeu'nal.
public mfrasttuctnre.lUSUtutiOnaJ long range development
plans. hospitals and recreation facilities. In proVlding
enVlronmentaJ sefVlces to local governments. L~lA has
assumed responsibility tOr all aspectS of the enVlfo=ental
review process including public nonces. responding to
comments. mttiganonmorutonng and candidate tindings.
.-'.s a rinn. we JIe verY fumiliJI mth the role of worktng
direct.lv as a public agencv' s consultant ha\'1ng served ~
tlus capaClrv In the paSlfor a number of agenctes lllCI udin g
theCirvofChula Vista We understand theunportanceo~
matIlt.aJ.D.1Ilg good lines of commurucanon and meeung
deadlines. We:usa appreciate the City's concern fo~
prepJItIlg techruC<illv sound documentanon which meets
the test of CEQA and recent coun decisions. To this end.
L:'lA staff keep up to date on the latest trends ill CEQA
modificanons and coun challenges sa that we can offer
the City the moS! thorough and legallv defensible
em lronmental JnalVSlS and documentanoU:
In addinon to our pJanrung staff, L'v1A has excellent
support staff and eqUIpment and a complete librJIV of
reference matenals. The Land Planmng ~nd
EnVlronmental Planrung DiVlSions JIe supported by an
extensIve adnurustranve department including personnel
for bookkeeprng, word processmg and quality control for
document producnon and reproduction. L'v1A has state-
of-the-an documentanon prodUCtlon equipment 3Itd full
senlCe graphics depJIUnent. Documents are prepared
through means of a nelWorked.lBM-<:ompanble computer
system. which mcludes 11 MS-DOS computers. rn
portable rmni-computers and high-speed laser printers.
The full se",ce graphics depamnent offers support for
repons and public presentations inCluding desktop
publishing capabilities. scanning, color pnnring and the
ability to produce computer-generated graphics. The
linn has several duplicanonmachines. a fiI=mi1e machine
and compurermooem system to facilitate rapid prodUCtlon
and exchange of infonnation. Lastly, and importantly,
LMA maintalns a large library of reference materials.
including the maJorirv of the documentation prepared for
the Otay Ranch and the City of Chula Vista's General
Plan. General Plan Update and associated EIRs and
techrucaJ srudies.
~
Bruce Mcintyre will serve as the Director in charge of the
ELR preparation and will be the point of contact for
telephone conversations and written correspondence with
the City and LAFCO staff. Mr. McIntyTe provides 16
years of elMlOnmentalanalysis andrcsoutt:emanagement
experience to the team. His role wiil be [0 oversee the
research methodology, impact analysis and conclusions
and attend heanngs. Mr. McIntyTe's CEQA experience
ranges from the management and preparauon of
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EnVIronmental Impact Reports to preparauon and
lmpJement.aoon of mlUgaoon monHonng programs to
reSQurce agency coordrnaoon and permn preparanon.
:vIr. :VlcInt\Te exemplifies the firm s plllJosoonv of
connnuous professlOnaJ development and promouon of
emlronment.a1 cduc.aoon. He IS an acove lecrurer at the
ASSOClauon of Environmental ProfesSIOnals I AEP)
St.atemde conferences. has held office WIth the st.ate- and
local-levels of AEP and has represented the .'lEP on a
statCWlde blue-nbbon ras.k force to upd.ate CEQA. :Vir.
Ylclnrvre IS alSQ on the Board of Trustees of a coilege
scholarshIp program wlllch awards annual schoiarslllps
to /ugh-scbool seruors ill the City of Poway WlSinng to
enter tbe enVlfonmentaJ sCIences field.
Mr. .\1cIntyre. s most recent and comprehensIVe projects
have mcluded m.anagmg the Program EIR for the
apprmomarelv I.SOO-acre Subarea IV Plan of the :\onh
City Future UrbanizIng Area (NCFUA). Other projectS
which Mr. McIntvre has m.anaged include tbe Pamo Dam
EIRJEA (SanDiego County Water Authonty). the Torrev
Pines Technology Center EIR (City of San Diegol. the
MounlIsrael Reservorr EIRJEA (Olivenh.ain MUDlClpaJ
WarerDistnCl) and the EIRfortheCityofSantee G.:neraJ
Plan (City of Santee).
Morni Borg will serve as the project man.ager for
preparanonand producoon of the EnVlfonmentallmpaCl
Repon. :Vis. Borg will be responsIble for the d.aJ.lv
progress of document preparaoon. weekly assessment of
the tearn. s progress. coordrnaoon WIth the techruc.aJ
consul !.ant and the proJec( s fin.ancial m.anagemenL '.!s.
Borg is expenenced in the areas of proJect m.anagemem.
interagency coordinaoon. penrut processillg. COnstrall1ts
and opportUIllties analvSlS. andcomptiance WIth state and
federal enVlfonmemal regulations.
:vIs. Borg IS well-sIDted for the role of project m.an.ager
having man.aged and been the prinClpal author for the
Program EIR for the EastIake I SPA Plan Amendmenu
K.aiser Permanente Chula Vista Medic.aJ Center. This
EIR addressed a 820.000 SF hospn.a1 and 485.000 SF
medical center on apprmam.ately 72 aCres ill lite EastIake
SPA I area of Chula Vista The project required both
proJect-and programmauc-Ievels of environmental
analysis which faciliwed lite preparaoon of separate
Mitigaoon Monitoring and Reponing Programs for the
SPA Plan Amendment and medical cemer ClJP. The
cooperanon amongst lite project team. CilV depanments
and the applioant as well as LYfA' s thoroughness and
respoD5IVeneSs permmed this EIR to be prepared ane
approved in SIX months. which is qwte an accomplishmenL
In addiuon. ;Vis. Borg was project m.anager fur preparaoon
of the MiogatedNeganve Dex::laration for the oo=er=:a.i
center at East H Street and Otay Lakes Road.
In her career. '.!s. Borg has also preparedEIRs for Sphere
of Influence Amendments, redevelopment projects ane
public works projects Including the Sphere /unendment
for Vista del Rio (Vista), the Master Envlfonmental
Impact Repon for the Centre City Redevelopment Projects
(San Diego Redevelopment Agency), Califonua Curi
Mil1gated Negal1ve Declaral10n (San Diego
RedevelopmentAgency), South EI Centro Redevelopment
Project (City ofEI Centro Redevelopment Agenev J. Gaty
Water Treaonent and Storage Facilities EIR (Olivenh.aJ.n
MUDlClpal Water Disntict).
Mary May is a Sewor Planner WIth LMA and she ",II
serve as the AsSIstant PrOject Manager for lite EIR. :vis.
May adds inne years of public and private Sector planrung
expenence to the team. '.!s. May is involved WIth project
management and government agency coordinanon for
resldennal. co=emal and indusmal proJectS. She was
extensIvely involved in the interagency plannmg tearn
overseeing the m.aster planning of the 23, Ooo-acre Ot.av
R.a.nch. Her role as coaulltor of the Sphere of Influence
Background Repon prepared for the Otay R.a.nch PrOject
T earn gives Ms. Mayan invaluable insight into the public
facilities service issues associated with lite OUy R.a.nch
pornon of the Sphere of Influence Update Study Area.
Her work has also included zoning implementation for
lite annexed area of Montgomery in the City of ChuJa
Vist.a and coordination of the City of Chula V'lSl.a =~ew
of the third phase of the Rancho Del Rey Spec1fic PlarL
Michael Gon:aJeswill assist in the preparaIion of the EIR
as AsSOCIate Planner. Mr. Gonzales provides six years of
pnvare sector expenence in envuonmental planning to
the tearn. Mr. Gonzales is primarily responsible for
compilationof data. environmental impacranaJysis. team
and client coordination, and document preparation. He
has exrensiveexperiencepreparingEnvironmemal Impact
Repons forvarious private development and public works
projects throughout San Diego and Imperial Counties.
Relevant project experience includes the preparanon of
lite EIR for Imperial County's General Plan Update.
Anthony Lettieri, AICP will serve as the Advising
Director for Sphere of Influence. Chula Vista and Ot.ay
9- ?)
Page 4-2 ~ ~
rail
Ranch maners. Mr. Lemen adds 25 '"ears of urtJan and
reglOJL1.l pianrung expenence In both the public and
pnvate sector to the teanI- :Vir. Lemen' S excclJenr
feputaUon and expenence In the pJanrung mdUSIIV IS
exemplilied by lOvttatlOnS from the GDlyerSllV of
Califorrua to teach planrung courses. fepresenraoon on
the boards of the Califorrua Chapter and San Diego
Section of the AmenClll Planrung AsSOClauon I APA) and
numerous planrung awards and fecOgruOOns.
\If. Lemen is espec13llv qualified for tlus role ha\1ng
\1IcccssfullY completed several directlv related pfDlcelS.
\If. Letuen'sroJeasGeoeralManagcriorthe0t3v Rmlch
Gencral Dc'\'clopment Plan (City ofChuJa Vista/Counrv
of San Dicgo) pfOV1des an extensIve and Irrvaluable
knowledge of the e",sung database and baSIS tor me
formuJanon of development plans for the Olav Rmlch.
\1r. Lemen prepared the ChuJa Vista Sphere ofIoiJuence
studv I City of ChuJa Vista) which was the c,tv 5 first
comprehenSive Sphere of Influence applicauon. ill that
elfort. the City was successful in amending its Sphere of
Ini1uencc through LAFCO. ill addition. Mr. Lemen
managed me preparnrion of the Olav Ranch ProJcel
Team's Sphere Background Report (CityofChuJa Vista!
Counrv of San Diego). This project Involved preparaoon
of a report to initiate the ChuJa Vista Sphere l'pdate
process.
r,!~~~ns~1
Stanlev R. Hoffman Associates ISHA) WIll serve as me
fiscal expert for tlus project. The firm WIll prepare the
fiscal anai'iS1S to be included in the Program ElR and WIll
serve as the third-party fiscal consultanl. lithe Cirv docs
nor pursue contracung the FIND model update directly.
SHA has the capabilities ro perform the FIND model
update for the City if desired.
SHA IS a protessional consulting corporallon established
in 1981 providing fiscal and financial anaIvSlS. plannJ.llg
poliCY analYSIS. real estate market research and fegIonal
and urban econolIllc studies for public agencIes and
pnvate finns. Semces are provided to meet a vanerv of
client needs. fanging from overall market assessments to
the details of Site-specific development stagmg. Specuic
expernse includes:
. Facilitating public-private cooperauon In
planning and development:
. Pfepanng econormc de\'elopment. fiscal. and
financial strategres fOf jurisdicuonsand specific
development projects:
. Pfepanng finanClal anaIvses In suppon of
assessment distrIcts, \1ello-Roos distrIClS. and
other financing approaches:
. PrOVIding fiscal impact studies fOCUSIng on
a1ternaoye methods to fund public operauons
and rnatnteoaucc costs:
. Prepanng redevelopment tax iocrcmcotanalvses
in support of tax Increment bonds:
. Applymg the latest data sources and anal'llc
techruqucs: and
. Prcsenttngfindiogs ina manoer=ly understood
by nontechrucal audiences.
SHA has e:nenslve expenence preparing fiscal analYses
for Sphere of Influence studies. incorporallons.
annexatIons and General Plans. Representallve project
expenence mcludes a fiscal implication analysis for the
Chino Hills AnoexatiooJ1ncorporation Study, an
tnfrasrructure finanClDg analysis for the South Corona
Community Facilities Plan. fiscal impact analySIs for the
Cirv of Fontana General Plan. fiscal analysis of the City
of Fullenon General Plan alternatives including the
preferred plan. and fiscal analysis for the annexation of
approxunately 8.600 acres to the City of Palm Spnngs.
Locally. SHA prepared an Origins and Expenditure of
Funds Study for the County of San Diego Department of
PlannJ.llg and Land Use which addressed the conceprual
and empIrical division of County revenues and costs into
counrV"W1de and local (unincorporated) categories. The
fevtew Involved a systematic discussion of all costs and
revenues and exalIllnation of issues related [0
incorporations. annexations and county revenue-raising
authonty. SHA also prepared the fiscal impact analysis
for Crowder and Watt Propernes in Escondido that
prOjected the recurring fiscal impacts to the San Diego
County General Fund and Road Fund as a result ofeither
annexmgthepropenyto the CityofEscondidoor",,"m;ng
the development would remain within the Counly's
jurisdiCtIon. Lastly, SHA implemented a fiscal model for
the City of Santee which is currently in operation by the
City. For Santee, SHA prepared a financing plan to
Identify public facility needs and appropriate financing
mecharusms to meet those needs.
;-/;1
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~'.\':.:.....!~._'1:...~ :';'!..liiJ.~
~"'.:.....- ,.~..;..:;..;....... "'''':~
Stanley Hoffman, AlCPwould be In charge oithe renew
of the e:asnng fiscal analySIs and updated model results
md preparnoon oi the EIR analysIS. ~. Hoffman adds
23 years oi expenence 10 the learn In the fields oi real
esrate market research: fiscal and finanClal analYSts:
econorruc S1Udies: demographic. econolIDC and land use
prOjecllons and computer-based modeling. ~. Hoffman
lS parocularly expenenced in prepar300n of finanCIng
analyses ior formaoon of assessment districts and :-'1eUo-
Roos COll1lllUlllty FacilioesDistrlClS. As Chiefof AnalySIS
md Dara :-.1anagement for the AsSOClaoon of Bay Area
Governments, Mr. Hoffman developed and applied
regJonal econometnc. demographic and land use models
to plannIng S1Udies rangmg from houstOg and health
planrung to areaWide au and water qualitv plans. He IS
one of the pnncipal desIgner.; of the CRlS Modell Cost!
Revenue Impact System) which has been Implemented 10
a number of Califonua Clties. Mr. Hoffman maml3.UlS
affiliauons and leader.;hip roles with numerous planmng
organu.anons and has often been invited as a guest
speaker at selIlinar.; and teach in the Unlvemrv of
Califonua system.
Don Owen will asSISI Mr. Hoffman in reviewmg and
assessmg the financrng mechanIsms that could be used
",thin the Study Area!O ensure the adequate provISIon of
Sel\1CeS and facilities and the appropnate phasm~ .)f
development. ~. Owen adds 36 years of expenence ill
clVlI and SaJIlt.ary engmeenng, financtal pIanmng.
recreaoona! development and assessment engmeenng.
Addinonal areas of Mr. Owen's expenase Include
goyernmental requirements and procedW'CS. 1nsnl1ll1onal
relauonships, econOIDlC evaluaoons and mUDJclpal
financmg (including spreading of assessments). and
strUcrunng repayment plans related to asSessment
proceedings.
The foregomg is only a summary of the qualificaoons oi
our key team member.;. Resumes for all key personnel are
contarned inAppendix A In addition. descnpoons of the
relevant projectS mentioned above and additional project
expenence IS included in Appendix B. We encourage the
City to revIew this additional iniormanon to get a fujJ
unde=ding of the highly expenenced and dedicated
indiV1dita1s on our team. In addioon. we encourage the
City to contact our references contained in Appendix C
for venfication of our quality consnltant services.
7-7~
Pag. 4_4 & tj
TEAM ORGANlZATIO:-'
City of ChuJa Vista
Gerald Jamri.JJca. Ale?, SpeclGl P(annrng Projects Manager
Doug Reid, EnVlronmema( Review Coordmator
Maryann MiLlo. Env/ronmema( ProjectAlanager
Lettieri-McIntyre :md Associates
BI1":~ McinJyre, Project Director
Amhol<}' Latieri. Advising Princtpal
Marni Borg, ProjectManager
Mary May, A=stant ProjectManager
M/dr.aeJ <ionuUes. Associate Planner
Screencheck. Draft and Final Progr.un ElR and Associated
Appendices
Issue Analysis:
. Land Use and Community Character
. Public .5eIvtces and Facilities
. Fiscal Impact Analysis
Cumulative and Growth-Inducing Impacts
Mematin:s Analysis
OtherCEQA sections In accorclancewith ~15l22-l513l of
the CEQA Guidelines
Final EIR including Responses to Comments
Mitigation Monitoring and Reporting Progr.un
r,nrlitfute CEQA Findings
Draft Statement of()"erriding Considerations (if applicable)
Meetings and Heanngs
Project Management/Coordination
Document Production
Fiscal impact Analvsls and Third Party Rel'lew
Figure 1
Team Omanization and Task Assillnments
~ ~
;}-76
&s--
5) ??
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~o PROJECTSCHEDCLE
Reco~m71ngthe Cit,,'s llllerest III mOVlllgqrncklyon the
501 Update, we have prepared a schedule ior preparanon
aithe ProgramEIR wwch IS relatIyely aggressrve. [jslllg
the City' S draft schedule ior the preparanon of the Sphere
of Influence Update Study. and assummg that we are
selected bv the City and given a nonce (0 proceed bv
Febrwm' 25. ] 994. and assummg that we recetye the
updated FIND Model informanon and final 501 l' pdate
5tudv by 1\!arch 21. 1994. we Mll have the screencheck
DEIR ready for Cirv reY1ew on Apnl 4, 1994. The
completed 501 Update Study Program EIR Mll be ready
for public re\1ew bv the firn week III Mav. Assummg a
moderate amOUDt of controversy, we would anoClpare
thar LAFCO would act OD the project bv Januarv 1995.
The schedule and liS! of tasks from project stan-up to
LAFCO hearrng are Illusrraled in Figure I.
9-- 7 Y
Acwe\~ng this schedule WIll adminedlyinvolve a strong
project conumtmenl on the City's part as well as that of
our project ream. It wtll require efficiency, an Ill!eracnye
refaoonship belWeen Ib.e City and !be consuIram team and
a Ib.orough undemanding of the project issues arlb.e ome
of Nonce to Proceed.
Page 5-1 1
(P.
Figure 2
IlIence Update Study Schedule
h J \fn June Julv \ueust Sl."pl~
2027 3 1011712~ 1 K 115122!291 j 1211912613 '1011712"311 "1'llIlm 4 IIIIIK 21
January I Fdl11l II
1 li 15 "12 ~9 ~ I::;
-
.
"'..D II
'I
I - I
"v ,I
il
~ . I
I
.
I
II
.
..
~
~\
:1
'I
Ii
'!.~'}.,., ..d:..iJ;(.i>..:r..3~
9--- ~v
{ll
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6.0 FEE SCHEDlLE
The cost a.ssoc:t.:lted WHit pnmding the sen,= outlined
ill tlus proposal is esnmated to be 566. 7.jQ wuhoura tlura-
partY "",ew of the FIND Model L"pdale. TIlls cost. willch
IS listed in our Cost Schedule. IS $7.176. for a total fee of
$73.922.
TIlls cost emmate IS based on our presem undemaruiJ.ng
of the scope of worl< and includes the followmg major
items: (I) preparanon of screencheck and draft Program
ErR: (2) preparation of the responses to co=ents and
complenon of the Final Program EIR: (3) preparanon of
the Candidate CEQA Findings; (4) preparanon of the
:v1itiganon Mowtonng and Repomng Program: and (5)
anendance at a total oftwelvet 12) meenngs and heanngs.
[n additIOn. we have included a cost estimate tar
preparauon of the Draft Statement of Ovemding
Conslderanons. however. we acknowledge that tlus
document would only be reqmred if significant and
unrmugable 1SSIleS are Idennfied in the ErR.
Ourcost estimate makes assumptions regarding exclusIOns
from the scope of worl< which we want to clarify so that
the City can fully understand what tasks are not included
in tlus proposal. These exclusions are as follows: (J) any
public noticing; (2) preparnnonfor. or managemem of a
public scopmg session: (3) preparanon of amendments 10
the existing General Plan text and maps: (4) dismbnnon
of the Draft and Final EIRs: (5) more than one screencheck
Draft EIR pnor to preparallon of the public ,...iew
document: (6) analysiS of new issues Idennfied m the
course of the environmental analysis. thaI arenot Idennfied
wtthin tlus proposal: and (7) project meenng ome m
excess of that specified in tlus proposal. These. or other
additional tasks. as requested by the City, could be
peI1armed under amendments to our agreement.
'1 ~f1 /
To clearly define the basis for our cost proposal we have
pro\1ded a detaLled breakdown of the major tasks and
costs asSOCIated Wlth complenng our worl<. This cost
aI1ocanoOls provl(jedin Table 1. We believethat Ill'ml7ln g
our cost proposal in this way plUVldes suppon for our
total cost esnmate. However. we would be happy to
r","sit our cost esnmale should additional cliscussIons
wtth Citystaff dunng the connact review pro=s result 10
a refinement of the proposed scope of \Vorl<.
Exact costs and payment schedule will be negolL11ed
pnor to the Slgnmg of the City's standard third-parrv
agreemem. It is our understanding that all worl< will be
performed at a "not to exceed" con= price which wul
become the fixed pnce upon completion of negonauons
for an agreement. We understand that the payment
schedule will be tied to successful and sausfuctorv
complenon of worl< tasks or another mutually agreed
upon method to ensure costs are equitably dismbuted.
LMA's standard cost accoummg procedure is very
detatled. Our monthly invoices provide a detaJled
descnpuon of: the tasks performed. the hourly rate at
which the task was completed and the time reqwred for
the work effort in quarter-hour increments. Should the
contract amount for this project be distnhUted based on
progress milestones, LMA would prepare a separate
invoice to the City showing the amount oithe contract.
work performed to date by major task:, percent complete.
amount due and amount rem.ining on the contract. To
plOVlde suppon to the cost summary, we would atl3ch the
detatled. monthly cost accounting sheets.
-'10
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Page 6.[
TABU: 1
I = AU!X:A1Dl R:AOAAA .uTA S'IEI!;Q' INR..IJE}I:I; l.lI'llI\TE snm _ SR
1 TASK I cu.sszR:ATlON I HGllRS RATE I =m
I ;
I TASK'..o Pra.-=t......... ~ I
I -
I ::lrotect Inrucx:tI I O'octeT I , '5 I 75C.oo I
I I ;:IroJoeet Manaoer I '2 .. '.O~ ,
I I I i
, ~aUl G4~ ana A.-w ,l,s~te~ .. " '.040.00
I SutllCUl I ~!!.c.o !2.erom I
TASK2..D P,....i._. ~SRFi,_ I
i
I
2.1 CEJA Prl!'oaTaoon I I
Sumn\aIV I Assoaata P>atrle' . 55 4AO.OO I
introdUCUOn I A__ 2 55 1'0-00 I
~l"otect oncnaaon I S.......- " 55 1.!>6O.Ql I
I ,
Enwonmeral S.mnq o\ssOCl4l.~ . 55 ""-00 I
S.,viron"'.......rnoact ~ 'I
l.anCl uselCOmmu'lltV QW'a.c:te" 1 SentOf' Platner " 55 2.C8OJXl I
Public S~F.dItUeS I A5~ flWn!r 40 55 2.2lXUXl I
F;s~ l"'OKS""""'" AIlItOdatII~ , 55 220m I
GroWln ~ lmoacm S......._ I. S5 , .lMO-all
CUm~u"o.aAnaNsd I Allaoc:lIIW~ ,. 55 1.J2C.lXI :1
Att.,.."....~ AsaodllM~ 2' 55 1,3: II
~
E",ect:S Noteor-....4 ~ As.odma~ 'S 55 8lllIJXl i
Short Term lmoaaa 'is. L.Cng Tum Asaoaate Plamer 2 55 '10.00 I
","oCluCtMt't
:rreWt"llIO'- EtNttonrnenraJ C'\anQIIS I AssOQllW Platww 2 55 "0.00 I
Ust Of Pr~anaAgences I Assoaatl Aarner 1 55 = I
ConsUfted
2.: "rolect Mar.aemenllOocumenr Review I DIrector 'S 95 '.~20.oo I
I Project Manaaer ,. !l5 2.Q40.oo I
I A..ac&Id.~ 40 55 2.2llIl.al I
2.3 SueQon Staff I Word Process.nQ 40 J5 , . 4Oll.OO II
I Gracnlc:Arttst 40 40 1.600.00 II
Subtotal ::!63.00 ' . 520.645.00 I
TASK 3..0 OnIftBfI~Ae*wn.-. -., I
3.1 :)OCLlmem: A....aeons I Prolect ManaQer . S5 sao.OO I
Seriar Renner ,. S5 , .S60.00 I
ASSOa.ltl Aaml!f" 32 55 , . 76D.oo I
I Word Processor ,. " 840.00 I
I GraDl'1cArtlst ,I
IS 40 5" 11
Subtotal I H)4.00 $5.480.00
9-cr.;;-
1/
TASK I a.ASSACA1lON I HOURS RATE I =r:f)
TA.SJ(4.D ,. - .....~.~Ptoqram
Coeument PrecaranOl'VPfoou.cnon Projed M&tllQer ; 85 I ~.::c
Assoclo&te ~ 24 ~ I . 2:":.X
I 'Nord p.."'C~~ '; J.5 I :5: :x:
SubtOW I ,".00 I !:.:;c :c
TASK'"" _SR
~.1 ~esoons. to Comml!~ Project Manaoer 8 85 ;0.::>:
'SenlCH' platV1ef' '6 55 I ":.s.o:::
Assoclau! P\amer 2' 55 ',J:: J:
:S.2 FER Pr~OMatlOn ASSOCIate plN7lef 16 55 :-!<J :c
Graol"lc Arnst 16 '" 54C :x:
Subtotal 80.00 S4 56C X
TASK 6.0 -
6.1 Findings Pr~.tlon Project Director 32 " ~.C40 ::c
. Word Processor 8 l5 ::30.X
SubtoW "".00 5J.3:":.:C
TASK 1.0 Asc:at I~ .&--- ... ~ + 1~) ((PJ'1CWAL TASK:: TIlID J'ARTY ~EW - SEEBElDNJ
,
7.1 Asc.aJ ImDaCt ArwySlS Pr1nctoaI- St&nln Hoffman 20 138 2.750.X
Flscai ANIIYSt 10 92 94?O.oc
7.2 Co'JDltaJ Faclli1:ies Finananq ~ Princ:loaJ - Don ONen 20 16' 3.2=-=.:0 !
PrlnCloaJ . Stanley Hoffman 12 138 '.6-'"-5.XJ !
7.3 Suooort Stan WOt" Processor 20 .. 92C.::O I
:
SubtoteJ 82.00 $9.475.':0 I
TASK 8.0 Meemgs ~ HC!IIri1gs :1
8.1 InltiatJOn and Seoomo (2) PrOlect Oireaor 8 95 7EO.OO :j
Profect Manaaer 8 85 680.00 :1
,
8.2 Meeunqs wnn CIty, Otay Aancn Project Team Pro/ect Qirector 16 95 1.520.00 'I
ana LAFCO staff (4)
PrOlect Manaqet '. 85 ~ .360.00 I
8.3 Resource Ccnservatlon CommtSSlon Prorect DireCtor , 95 380.CC i
8.4 P1annmq Commission Heannqs on OBR (2l Project DlreC'lor '6 95 1.~2n.CO i[
'.5 Pfanntng CommiSSion Heannq on FaR ana PrOlect Director 8 95 760.00 :/
relined enwonmentAl Clocumt!nt!l
I il
e.6 CIty Counca Heanngs en FaA ana retatl!d Project CirectOt' 16 95 1.:20.00
envnonment!IJ Clocuments III
I :i
8.7 l.AFCO Ofesern.atJon FEiR m PrOtect Director '6 95 , .~20.00 ,
?J~f( '! 3ubtotaJ 108.00 5'0.020.::-.0 I
~
TAIIlE ,
COST Awx:AT1<:W FOR OiUlA "'STA _ a' INFl.UENCE UI'llA TE STUDY PRJGRAM 8R
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TASK
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in Mu~ cnotoccarnL FAX Bluegrr/t!I
""~na. lSO.28 mr tot flr'Jt :200 m_"1
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,
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Scnenc:nedl. EJR. MMRP ana Appencxa 110+2")
Or.l'lE!~. MMRPa:no~
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f=:1'\8I8A anoAocenac:d 1'2~H21
~~OOlJC1CI. CODY of FeR. binder. ana arsa
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COST Af.J..OCAnoH RlA n<<~ A:'.1EW CF tNCJEFlEMlEHT RSCAL .- - 11:111..:11 I
TASK c:u.sslRCA11OH HOlRl RATE CXl5T m I
- Iro-oartV t1t14l...~.s ,- 1'~"40 MOdm Ucoaw PrI~ . SfatMot Hottman '" 1311 So! J
FIscal ANMt , . 92 r.l6.OO I
SUDOOft Statr 20 48 920.00 II
Subtatal foI' Tl-irO-Peny ANl./YSla $1,178.00 I
I TC7AL S73.922.lXl 1
(WIlft__ ,
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11
~
7.0 CO.\IMIT:'>IL"\T TO [O{I/'
OPPOIUI."dTl
7.1 Past DBE Achievements
The projects completed bv Lemen-McInrne and
."-sSOClatcs In which DBE busInesses have represented
more mat I % of the toral fees are ItemIZed in the aITached
Table 2.
7.2 Equal Opportunity for All Interested
and Qualified Firms
In seJecnng technical consuJtams to work ",th L\IA on
projects. we attempt to balance the experIence
requuemems WIth the conrracnng goals of the pamcu1ar
Junsdicnon's Equal OpporrunHv Program to Include
Minontv JDd Women BllSllle:sS Emerpnses (MBE/WBE).
Wherever possIble. we prefer to work WIth MBEiWBE
firms WIth whom we have worked III the past to =ram
a !ugh degree of connnwtv in our projecl tearns.
;t~Yrf,
IVhen a specialty IS rcqwred for which we have no past
reiauonship wnh a MBE/WBE firm. we review the City
of SanDie go '5 "LiSlofCemfiedMBE/WBE Consultants"
to Idenufv firms WIth expenence in the specific fields of
experuse'rcqwred to complete a project. We then contact
the potenual finns to discuss the project and theu
expenence WIth suniJar siruanons. If the consultantts
qualified. we lllvite them to provide US WIth a bid to
perform the destredservices. If the bid is compeutive and
the eonsuJrant is qualified. we give them senous
COnsIderation.
7.3 Equal Opportunity for All Potential
Employees
LMA is an Equal Oppommitv Employer. Employees are
hired based on their qualificanons and ability to fulfill
LMA ' 5 professioIral requirements, LMA does not
discnminate on the basis of race. color, religion. sex or
nauonal origin.
Page 7.1 '/::;-
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.~.O ~T.\ TDIE.'<T Of OFFER
This proposal presents a det.11led oiferrrom LMA to asslSl
the City of Chula Vista Ul prepanng the Progrnm EIR
\1iugauon Morutonngand Repomng Program. FindJ.ngs
and Statement ofOvemding COllSlderanollS.1f appucable.
for the City ofChuJa ViSL1.S Sphere oiIn.tluence Studv
Our esumate for the cost of semces discussed herem shall
nO[ exceed $73.922. This offer ts good for 60 days. The
pnmary contact person for this proposal as well as the
person havmgthe authonty to negottateand contrnctuailv
bmd the company IS:
\1. fl.-lire \Idlltvre. PrinCIpal
155] Fourth Avenue. Suite 430
San Diego. CA 92 I 0 I -3 152
1619) 238-4241
9-YY
Page 8., J1
9~Y7
'7<]
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Resumes
~9
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&SL-:\fES
.-\.l\TTHO:VV J. LETTIERI. AICP
Principal
Me. Lemen IS the pnnclpal-m-charge or land use planrung "1th 2~ ,'ear; of uroan and regIOnal plannmg
e.''lJenence ill both the public and pm'ale sector. His expenence. mcludtng rour years WIth the City ofChwa
\~sta. SIX years WIth the County of San Diego and I.. years ill the pnvaIe sector. has prOVIded Mr. Lemen me
upportunllV to work in all aspectS of land use planmng from resldenual. commercul. and indusmaJ projectS to regional
growth management. :vir. Lemen has special experuse In {he ar= of project management large-scale planrung.
deveJopmem feaslbililV and implemenranon. planntng Imerprerauon. COmmUnIlV parnClpanon processes. and governmenr
agency coordinanon. \-fr. Lemen' 5 large-scale project management experuse IS exemplified by his role as the Gener.1.l
\-Ianager ror the 23.000-acre Orav Ranch Master Planned New Town which IS an illte1]unsdictJonal project led by the
City ofChuJa Vista and the County of San Diego. In tlus POSIUOn.. -'vfr. Lettien' S responsIbilities mcluded coordinaooo
and management of all plans. programs. and public parucipaoon effons.
\1r. Lemen' S other proJects haye included ZOnIng unplemenmuon programs. master planned resldenoal commumues.
rruxed-use commerCIal and research developmem parks. local government long-range plans and revllalizauon projects.
and development feasIbililV studies. He has served as contract planner for the City of San Diego, City ofEscondido and
City of ChuJa Vista. Specmc projects ill wluch Mr. Lemen has been the pnnClpal planner Include the Rancho Cielo
SpecIfic Plan ill Rancho Santa Fe. City of ChuJa Vista Sphere ofInfluence. County of San Diego' 5 Growth Managemenr
PlanlLand Use Jrnplemenmnon Program. and Blackborse farms SpecIfic Plan in La Jolla. Mr. Letuen was also tbe
pnnclpal planner for the Ocean Beach RevItaJizaooo Srudv, wluch was a multidisCIplinary planmng analysiS tbat defined
a sphere of influence. recommended land use changes. evaluated the effects of the reaJigrunent of Newport Avenue
through the plaIIDing area. and proposed zoruog changes. a Planned District Ordinance and changes to the CommUnI Iv
Plan.
:vir. Lemen has a Master of CilV Planmng degree and a Bachelor of Ans degree ill Public Adnunisuanon.
Professional Experience:
I 986-Presem
1982-1986
1979-1982
1973-1979
1969-1973
PrinCIpal. Lettien-Mclntvre and .-'.ssoclales. San Diego. CA
Panner. Mooney-Lemen and AsSOCiates. San Diego. CA
DireClor ofPlaIIDing. Vice-PresIdent Auson-Hansen.. Inc.. San Diego. CA
AsSOCIate Planner. County of San Diego. CA
AsS1SlalltPlanner. CityofChuJa "isla. CA
Professional Affiliations/Associations:
Director. Amencan Planning Associaoon I.AP A l. San Diego SeCOoD. 1982- I 983. 1993
\1ember. CilV of San Diego Zoning Code Updale Ciozens Advisory Comnunee. 1993
Member. California Planning Roundtable. 1988-Present .
Vice-PreSIdent ProfesstonalDevelopment CalifornIa Chapler APA. 1988-1990
Author. Srralegic Plan.. CalifornIa Chapler APA 1988
CalifOrnIa Planner Edilor. California Chapler APA. ! 986-1988
Vice-President Public Information California Cha!)ter AP A. 1984-1986
Member. Amencan Insnrule ofCenilled Planners. 198..-Presem
\1ember. Ciuzens Coordinale for Cenrury Three. 1982-Presenr
Member. COUDty of San Diego Regional Growth and Planmng Task Force. 1987-1988
Board Member. San Diego County Housing & CommUnIty Developmem AdVIsorv Comrninee. 1983-1987
\;Iember. CilV of San Diego Lakes Advisorv Commmee. 198..-1986
\1ember. Balboa HOspllaJ Task force. 1985-1986
9~9 /
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&SUMES
-"I. BRUCE MCmTYRE
Principal
Mr. Bruce MclnMelS theP. nnclpal-uH;harge Ofen\1IOnm. emal planmngwHh 16yearsOfenvJ. .ronmentalanalysIs
and resource management expenence. .-\5 prinopal. he oversees the producnon of all envtIOnmental
documents. makes public presentauons and IS acuve In envuonmental policy formuJ.auon on a local and S13te
level. .'vir. McInryre. s envl!orunental planrung expenence Includes the m.an.agement and preparation ofEnvuonmental
Imp3.C1 Repons. E1JVIronmental Assessments. Iruual SrudJes. nuuganon mowtonngplans. and oppol'l1111ityandCOnstramLS
srudies. .\1r. McInryre has completed eIMrorunental re\1ew on a vanety of proJects Including mixed use developments.
mduslnal parks. restdcnnal de\'elopments. hotels. waterslOrage reservolIS. recreanon plans. andsewage m::umentplants.
Other CD\1IOnmental planmngexpemse Includes the preparauon of wetlands mlligaoon programs. resource management
plans and processing of 1603 Streambed Alleranon Agreements and Section 404 PermIts.
.'vir. McIntvre' s most recemand comprehensive projects have included m.an.agingthe ProgramEIRforthe approxin1ately
l.500-acre Subarea IV Plan of the Nonh City furore L'rbamzmg Area (NCFUA). In this capacity, Mr. McInryre was
instrumental in developing a comprehensIve biologJcal ITUugauon banking program. Otherprojects which Mr. McInl)Te
has m.an.aged include the Pamo Dam EIRJEA. the Torre\' Pines Tecbitology Cemer EIR the Mount Israel Reservoir EIRI
EA and the EIR for the City of Santee General Plan.
In addition to envl!onmental planmng expemse. :Vir. .Y!cInl)Te has been involved in land use planningmcluding perrmt
processmg (e.g. tentanve maps and major use penrutS) and prepanng Spectfic Plans and Community Plan Amendment
Reporrs.
Mr. :vtcInryre has a MasIer of Science degree III Biology and a Bachelor of Science degree in Zoology.
Professional Experience:
1986-Presem
1979-1986
1977-1979
PrinCIpal. Lemen-McIntyre and ASSOClates. San Diego. CA
Vice PreSident :v1ooney-Lemen and AsSOCIates. San Diego, CA
Direcror ofEnYl!onmental Sen1Ces. .-I.dvance Planning & Research
Assoc.. San Diego. CA
Professional Affiliation!ll Associations:
:v1ember. .-\5sociation ofEnnronmental ProfeSSIOnals (.-\.EPt San Diego Chapter. 1979-Present
President .-\.fP. San Diego Chapter. 1982
:vtember. .-I.merican Planmng AsSOCiation (AP A l. 1987 -Present
:vtember. Consuucnon Industry federanon (cm LegJslative Comminee. 1987-1991
:v1ernber. MinunaI Ranch Nonh Community Planmng Group, 1986-Present
:vtember. AEP and APA Califorma Environmental Quality Act (CEQA) Reform TaskForce. 1992-1993
Speaker. Annual CEQA Update Workshop, AEP. 1993 and 1994
Speaker. AEP State Conference. 1981. 1984 and 1991
Speaker. CEQA Workshop. Sierra Club. San Diego Chapter. 1992
Speaker. Land Use Perrrut Expediting Workshop. Califorrua AssOClation of Subdivision Consultants. San Diego
Chapter. 1985
Speaker. Interstate 15 Corridor Conference. APA. San Diego Chapter. 1988
9-;2
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&SIDfES
\iARION B. BORG
Director of Environmental Planning
Ms. Borghas mnevears Ul theenVlronmemai pJanrung proresslOn. As DirectorofEnVlronmentalPlanrung mth
Lemen-Mcln~Te and AsSOCIates. her respooslblllOes Ulclude beUlg the pnnClpal author and supen1sor or
CEQA and NEPA documents and mari<enng for L\1A Her envIronmental assessment expemse Ulcludes
liqwd and solid waste =gemenL traffic clfcu1morL hydrology and geology. .\1s. Borg IS expenenced in the areas or
project managemenL Interagency coord1rouorL perron processmg, consrramts and oppomllllOe5 analySIs. and compliance
Wllh state and federal elIVlronmental reguJanons.
.\1s. Borg has developed an e>..,enstve knowledge or enVIronmental issues rebled to redevelopmenL public works.
resource exuacnon projects and medical faclliues She has managed and was the pnnClpal author for several documents
for the City of San Diego Redevelopment Agencv, Southeast Development Corporanon and City of EI Centro
Redevelopment Agency. Her expenence Wlth public works and resource extraction projects includes bridgereplacemem
projects. solid and liqwd waste disposal projects. potable water treatment and storage facilines, utility comdor srudJes
and sand and gold mnung and rcclamauon proJects. :-Iotable projects which Ms. Borg has authored or managed dW1ng
her career Ulclude the draft Program EIR for the San Diego Sludge Management Program Master Plan. the ElRi
Environmental Informanon Document (EID) for the South Bay Land Ourfall-Phasc 1. the EIR for a 30-million gallon
potable water storage facility for the Olivenhain ~umClpal Water Distnct rOMWD) and the draft EIR for a waler
treatment faCIlity for the OMWD. During her career. she has also been the proJcct =gerfor several EIRs addressmg
YlaJor Use Permits for sand extracnon and rccl.:1manon plans 1D San Diego and lmpenal COllimes.
Ms. Borgalso has e)((enslve expenence on large-scale proJects as exemplified in the comprehensweEIRforthe EastLake
[ SPA Plan Amendment/Kaiser Permanente Medical Center. This EIR was prepared for the City of Chula Vista and
included both proJect- and programmanc-levels oranalvsls which addressed the development ofa 820.000 square-loot
hospItal and ~85.000 square leer of medical and adnumsuauve offices.
Y1s. Borg has a Bachelor of Science degree in Namral Resources Management.
Professional Experience:
[ 99 I-Present
1989-1991
1986-1989
198~-1986
Director ofEnvuonmental Planrung, Lelueri-McIntyre and Associales. San Diego, CA
Semor Em1ronmental Planner. Lemen-McIn~e and Associates. San Diego, CA
PrOject Manager, The Butler/Roach Group, Inc,. San Diego, CA
Em1ronmental Analvst! ASSIstant Project Manager. The Butler/Roach Group, Inc., San Diego, CA
Professional Aff"tliationsJAssociations:
Member. .-\ssociation ofEnVITonmental ProfeSSIonals I AEP), San Diego Chapter, j 983 -Present
StalelVlde Financial Vice-PresldenL AEP. 1988-1991
Speaker. AEP State Conference. 1984 and 1985
9~~)
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&SUMES
-"lARY E. MAY
Senior Planner
Ms. :Vlay pro,"des five ,'ear; oipublic sector and fourvears ofpnvate sector planmng expenence to tbe fum., As
Sewor Planner at Lemen-Mclnl)Te and AsSOCIates. .\15. :vlay is involved Wltb project management and
government agency coordlnanon for resldenual. commerClal and industrial proJeC1S. She was eXIellSlVely
lOvolved in tbe Inter-agencyplanmng ream overseemg the maslerplanwngofthe 23,OOO-acre Otay Ranch in Chula Vista.
Her work has also Included ZOnIng unplememanon tor the annexed area of Montgomery in the City of Chula Vista.
research and report preparanon ror mdustrial park ZOnIng and hotel/motel development tbatledto code =isions for tbe
Cirv of Escondido and coordinanon oftbe City oiChula Vista re\1ewofthe third phase oftbe Rancho Dellky Specific
Plan. She IS responsIble lor feasibility srudies and penrol processmg for cellular communicanon facilities mall areas of
the San Diego region. Obtamrng penrolS for cellular has Included processing conditional use pemlllS and variances.
workmg Wltbcommuwty planmng groups. andmakmg public presemanons before COmmissIOns and councils. Ms.l'vlay
has been responsible for several code amendmenlS and interpretanon for cities throughout tbe County to pro-acnveJy
address cellular commurucanon factlities WIthin theIr land use codes.
As former planning staff to the County of San DIego. her expenence included project intake, processmg and zonrng
interpretauon. Witb the City of Solana Beach. she completed project review for a variety of discrenonary penrolS
lOcluding commercial and residential site plans. use penmts and subdivisions. She was instrumental in establishing
plaruung procedures and ordinances lor tbe newlv Incorporated city in addition to conduCling field work for the new
General Plan.
Ms. :vlay has a Bachelor of Arts degree in GeographY
Professional Experience:
1991-Present
1989-1991
1987-1989
1986-1987
Sewor Planner. Lemen-Mclnl\Te and ASSOCIates. San Diego, CA
AssOCIate Planner. Lemen-Mclnl)Te and ASSOCiates. San Diego, CA
Planner. City of Solana Beach. c.\
PlannIng Aide. Counrv of San Diego. c.\
Professional Affiliations/Associations:
Member. .\merican Planrung Assoclanon (AP A l. 1989-Present
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&SL~ES
\HCHAEL J. GONZ.ALES
Associate Planner
M. Gonzales prlJ\1.des s. LXVeaI'S orpnvale seelor expen. ence In emlronmemal planmng to the firm. As AsSOClale
Planner. Mr. Gonzales IS pnmanlv responsIble for complJanon of data. emlIonmemal impact analVSls. 1=
d client coordmatlOn. and document preparauon. He has extensIve expenence prepanng documents In
compliance wlln CEQA and NEPA Includmg Emlronment.aJ Impact ReportS. EmlIonmemal Assessments. :-Iegauve
Declarauons andfeasIbilitv studies for vanous pm-ate development and public works projects thrOUghOUl SanDiego and
Impenal Counnes. He IS funnliarWlth local ordmances. policies and guidelines as thev relale 10 permIt procCSSlIlg, ana
mamta1IlS a professIonal working reJanonship WIth public and resource agency staifmembers througnour the Counrv
Major projects that Mr. Gonzales has managed at L'.lA Include the RemIngton Hills Precise Plan EIR. which Involves
a proposed SIngle-family reSldennal subdIVIsion In Olav Mesa. and the East County Square Spectfic Plan EIR. wrucn
Involves a proposed specmlized commerCIal cemer and SIngle-family resldennal uses In LakesIde.
.J : .;.: .:areer. ;'M. Gonzales has developerlspectfic expemse III the managemem andenVllonmental an.aJvslSaflarge-sc:Jle
dL'vclopment proJects. as wetI as roadwav and flood conrrol improvement projects. He has coorcimated WIth the U.S.
-\rmv Corps ofEngrneers. U. S. Fish and Wildlife Semce. and CalifomiaDeparnnem ofFish and Game III the processIng
of Secnon ..04 Perrous and 160 1-1603 Srrearnbe(i.~Jlemnon Agreements. Through this expenence Mr. Gonzales has
gamed profiCIency In the formuJanon or feasible bIOlOgIcal muiganon programs. Includmg habitat restorauon plarlS.
Mr. Gonzales has a Bachelor of Arts degree In Biology
Profe..ional E:rperience:
1993 -Present
1988-1993
1987-1988
1986-1987
1984-1986
AsSOCIate Planner. Lernen-McInt}Te and AsSOCIates. San Diego. CA
EmlIonmental Planner. Brian F :.Iooney Associates. San Diego. CA
EmlIonmental Analvst. Nasland Engrneenng, San Diego. CA
Laboratory Technician. Manne E~ologIcal Consultants. EnClmlaS. CA
Research AsSIStant. [)ruversllY or Califorma. San Diego (UCSm Biology Department. La JotIa. CA
Professional Affiliations/As.ociations:
:vIember. Association or Environmental ProtesslOnals (AEP1. San Diego Chapter, 1987 -Present
Member. San Diego AssOClanon or Govenunents (SANDAGl, RegIonal Open Space Technical Advisory
Conunmee. 1991-Present
9-Y~
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&SU:\.fES
STANLEY R. HOFF:VIA."{
President
Mr. SlanJev R Hoffman has oyenwenrv three years e:<penence In the fields of real estate market =h: fiscal
and finanCIal analySIS: econolWc srudies:demographIc. econoDllc and land use proJecnons: em'lI'OnmemaJ
impact srudies: and computer based modeling. He has managed ID3Jorprograms in both the public and prIV3le
Sectors. Inyolvlng numerous presenrauons before poLtnC:J..I and professional audiences. Mr. Hoffman is expenenced in
the preparanon of finanCIng analyses for formanon of assessment dismcrs and Mello-Roes Communuy FaCIlities
DismctS.
Since establishIng SlanJev R Hoffman AssOCIates 10 Januarv 1981. Mr. Hoffman has worked on fiscal and econolIllc
impact srudies and on market feastbility srudies for omce. regIonal shopprng centers. and office/hotel projects for CInes.
~ounues. developers and other public agencies. :.1aJor fisC:J..I and financial analyses rnclude large-scale mixed use land
5clopmenrs in many CIties and counnes throughOut California. Mr. Hoffman is also experienced in prepanng
acvelopmem fee programs. Recent fisC:J..I analYSeS were proVIded in the County of San Bernardino. Chino Hills.
Hespena. Phelan. Indio. Santee. Sanra Moruca. Fullenon. Sranton and Yucaipa.
Sran Hoffman has also been involved WIth the preparnuon of Growth Management Phasing Plans for the County of
Orange. dealing wi th econolWc ISSUes related to expansIOn of jurisdictional boundaries from urban growth pressures. and
econOmIC analyses related 10 the preparauon of 3lr quality plans for San Bernardino County and selected cities.
As ChIefof Analysis and Data Management tor the Associanon of Bay Area Governments. Mr. Hoffman developed and
applied regIOnal economemc. demographIc and land use models ill plamung srudies ranging from housmg and heaJU
pl3lll1illg to area-wide 3lr and water quality plans. He IS one of the principal designers of the CRlS Model (CostlRevenue
lmpact System!. which has been implemented in a number ofCalifomia cines.
:vir. Hoffman holds a master's degree in urban plannmg from UCLA. and amaster's degree in electriC:J..I engineering from
the Uruverstty of Michigan. He maIntaInS affiliauons and leadershIp roles with several profesSIOnal planntng
orgaruzanons including the Califonua PI3lll1illg Roundtable. California Planning Foundation. the American Planning
AsSOCIation. the Amenc:t11 Institute of Cem.fied Planners and the Urban Land Institute. He is often a guest speaker at
semrnars and graduate courses at vanous U ruyerSlUeS In California. He has also taught courses at the University of
Southern Califonua and at the UnivefSlty of Califonua. lrvine. extension program in Land Use and Development
Plannrng.
9 --9 t
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&Sl':\IES
DON OWEN
Financial Consultant
Mr Owen has over 36 years of expenence ill cml and sarutary engmeenng, financIal planmng, re<:r'"...1oon.:U
development and assessment engmeenng. .-\ddinon.:U areas of e"Peruse UlcJude governmental. reqw.remems
and procedures. lllSl1mnOnaJ reJaoonsJups. e<:ononuc eva1uanons and mumClpaJ financrng (Ulclllll11lg spre:Jillng
of assessments I, and srrucrunng repayment plans reJated to assessment proceedings. Mr. Owen has se!">'ed as an exper!
\Vltness III severallitiganons. He IS a regIStered Clni eng!Deer III the State of Ciliforma
As a registered CIVIl engmeer. Mr. Owen has worked for a number of years as both an assessment engineer on assessment
distnCl proce-..dings and as a spectal t.a.x consultant for Mello-Roos Commumtv FaciliOes Distnct finanCIng. As an
assessment engIneer. Mr. Owen has been Ulvolved Ul a number of assessment proceedings pursuant to provlSlons of the
: UlllCtpal Improvement Act of 1913 and the Spectal Assessmentlnvesugaoon. Linlltaoon and Majontv Protest Act of
! 9, i. rhe assessment proceedings have been used to finance a range offacilities. lllcJUding ttansponaoon. flood controL
sewer and water. and reJared improvements.
1973 -Present As a consulting engmeer and specIal [ax consultmL Mr. Owen has prepared manv Commumty
Facilities District finanCIng assessments pursuant to the Mello-Roos Commumty Facilities DistnCl
ACI of 1982. These distncts have illcJuded those typeS offacilities covered under assessment distncts.
as well as a broader range of public faCIlities. such as parks. schools. and Iibranes.
1965-1973 As Distnct Engineer. Assistant :-'lanager. and Secretary-Manager of the Orange County Water
DistnCL Mr. Owens responsIbilities for the DistnCL which pIOneered numerous approaches ID the field
of water managemenL rnnged form supe!">1sion of all engmeenng progrnms to overall management
and admtmsrration ofDistrict acmanes. The financmg of a $40 million consuuction and gtoundwater
replemshment program was central to this program.
1954-1965 Mr. Owen directed the CaJiforma Deparnnent of Water Resources. Sacramento-San Joaqwn Delta
Smdies Scenon. In this capaCIty he was responsible for the planmng and implementanon of a Delta
water proJect. As chamnan of the State-Federal Inter-Agency TaskForce. he directed the preparation
of the multimillion dollar Delta Plan. This !Dcluded input from 381ocaJ. 5t.a1e. and federal agenCIes
that he coordinated. He also served on numerous cOIOlDlttees and task forces considermg problems
assocIated with the San Joaqwn Valley Drain. San Francisco Bay Area water progrnms. State Water
Project conuact negooations. legal and legIslaove matters. and water quality and public informaoon
programs.
Pre\1ously, Mr. Owen was responsIble for [he smdy. planmng and design of alternauve projects for
the Delta pornon of the State \Vater ProJect.
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Related Project Experience
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Related Project Experience
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~nviroDmentaJ Documentation
EastLake I SPA Plan Amendment/Kaiser
Pernwnente Chu/a Vista Medical Center
Project Type: Medical Center: 820.000 SF hOspllal
(439 beds) and 485.000 SF medical and
admuustrauve offices on appro=ely
72a=
Location: Chula Vista. CA
Lead Agency: City of Chula Vista
Cliem: City of Chula Vista
This comprehensive and complicated project reqUlfed
both project-and programmatic-levels of envlfonmental
attalySlS. Each impaer analysIS and mrtigauon measure
was divided into two separate but related discussIOns.
This facIlitated the preparation of two separate mrngauon
mOllitonng plans for the SPA Plan Amendment and the
CL'P for the medical center.
The most controvemal issues surrounding this project
were traffic and visual impacts. A signillcant effon was
invested early 10 the project to determrne the amount oi
aarlic that the hospItal would generate. To achieve a
consensus among CIty staff as to the appropnate mp
geuerauon rate to apply to the proposed medical center.
the applicants' traffic engrneers and the project traffic
eugrneer. reviewed e:osting literature to find sitmlar
examples of trip generauonrates. and Kaiser Permanente
conduered traffic COutUS at their exlsung faciliUC5. The
fittal resolution was a compromise generation rate which
was founded on hard evIdence. Visual impactS were
asSOCIated with the bulk and scale oithe proposed parking
structure which would be adjacent to a future highway
(SR 125). Design parameters ior the parking struCIUIe
including fenestration details, setback requrrements and
helghl limitations were placed on the parking structure.
In spIte of the comple:'Otv of the project. the project team
which meluded the applicants. the City and their
consultants (L\1A) prepared and cernfied the EIR and
asSOCIated planmng documents 1D SLX (6) months urne.
Commercial Center at East H Street and
Otay Lakes Road MND
This Mitigated Negauve Declarauon (MND) addressed a
rezone and General Plan Amendment for a retati
co=emal plaza totaling approxunately 33.300 square
feet. The MND analyzed the proposed project Wlm
respect to the City's Threshold/Standards Policy. In
additiolL the MND speciiicalJy addressed the ISSUes oi
traffic clfcuJatlon and safety and water consumpnon as
potenualJy signill= ISsues.
In order to address the controversIal issues of tra.dic
circulatioIL L'AA worked Wlth the city to develop tra.dic
circulation mitiganon measures that would be reqUlfed to
reduce project -spectfic unpactS while being consIStent
WIth more compreheUSIve circulauon UIlllrovements
proposed for East H. Street and Orny Lakes Road.
Additional mitigauon measures were reqUlfed to reduce
tra.dic safety and water consumption issues 10 below a
level of signillcance.
TOITey Highlands Program EIR
Project Type: Mixed Use: ~.256 residenttal UDlts. 37
acres of employment center. 57 acres of
retail co=erctal and 40-acre City
Operauons Cemer on 1.522 acres
Location: Nonh City area.. San Diego, CA
Lead Agency: City of San Diego
Cliem: Subarea N Property Owners
This project represented the initial plannmg phase of
development for property located in the City of San
Diego's uroan reserve lands. Consequently, the EIR was
prepared to apply to the impactS of the proposed plan as
well as serve as a blueprint for supplemental EIRs, as
development plans are processed. As a large property in
an undeveloped area of the city, the project faced a
number of environmental concerns. Biological resources
included the coastal California gt'.t~,trh.r. numerous
sensitive species and major wildlife movemenl corridors.
Traffic was cntical because no road system served the
area and a proposed freeway (SR-56) had tolJeCOnstruered
to provide needed regIonal access. Landform alteration
and visual qualitx were of concern because the amounl of
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grndingrequued lDdevelop thepropeny L\fA developed
a comprehensIve bIOlOgIcal rmnganon program willch
was based on ongomg reglOnal multi-specles pJamung
efforts and rmnganon banking concepts. The program
prOVIded for habil41 restornnon and preservation ", thin a
large nanual open space system anddereIIIlUled rmn ganon
ranos based on quality of habitat lost versus gamed were
determmea. A traffic phasing plan was de\'eloped to
det=me theappropnale roadsysrem to serve the project
area and to IdentItY the amount of development whIch
could precede COllSlIUCl1on of SR-56. A conceurual
grnding plan was prepared to asslSl m the :ma..lySlS of
landform alteranon and ,isuaJ quality impacrs: (jayught
grnding was encouraged. wherever poSSIble.
Daley Rock Quarry
Project Type: Rock Quarry and Aggregate Processmg
Facilities on 153 acres
Location: JamuL CA
Lead Agency: COunty of San Diego
Client: Daley Corporanon
The Dalev Rock Quarry consists of rock aggregate
extr:lction and process:mg including on-site producnon of
concrete andasphalt It's location in an undeveloped area
of the Countyposedanumber ofenvironmentai challenges.
Recreanonal uses occumng within the Yicinity of the
proJect, including a recreational Yelucle campground.
pnvate all field, as well as bicycling, were potentiaJJy
impacted by the quarry. As an undeveloped open space.
the introduction ofindustriaJ-typeequipmentand scamng
of the ternlin were coOSldered sigmficant commumty
character rmpacts. Truck traffic on local roadways was
also a major concern. An endangered bird species. the
[east Bell's vueo, inhabited ripaIianhabitat WIthin a creek
located near the quarry. L\fA developed a comprehensIye
mitigation program for biological inIpacrs Including: ( I)
a new haul road to direct trucks away from the riparian
habitat, (2) identiiYing offsitepreserve areasto compensare
for Impacrs to sensitive plant communities. (3) designing
noise bamers and operanonal conrroJs to limll noise
inIpaClS on least Bell's Yireo and (4) developing a wildlife
comdorlo facililateWIldlife access to the riparian habitat.
Linutations on the number of daily truck trips were
developed to minimize roadway impacrs. Extensive
perimeter landscaping as well as extracnon phasing were
identified to reduce the YisuaJ impactS of the quarry
opernnons.
La Jolla Pines Technology Center EIR
Project Type: Research and Development: 831,000
SF science research facility on 56 acres
Location: La Jolla.. CA
Lead Agency: City of San Diego
Client: City of San Diego
The anaJYSlSfor this project idenn;tiedsevetaJ comroversta.l
issues including traffic impacts on already congested
roads and freeway uuerchanges. inIpact of urban nmotf
on Penasqullos Lagoon. loss of 5ellSltive vegcmnon. and
encroachment intD steep slopes. LMA worlced with the
development tearn to successfully reduce signIficant
Impacts including sire plan reYisions to preserve the most
sigmficantYisuaJand vegetttedareasofthesite. ins1aJJanon
of grease traps on parking areas to Illltigare urban nmotf
pollunonanddevelopmentof alternative road alignments
to reduce inIpacrs to sensitive slopes.
Recreationlllll1'anwral and AthIetU: Center
(RIMAq E1R
Project Type: Athletic Center: 78,000 SF recreation
cenrerand 53,000 SF arena
Location: University of California. San Diego
Campus. La Jolla.. CA
Lead Agency: UDivemty of California
Client: University of California
Of partiC1liar concern to the neighboring residential
community were traffic and parlring and noise. LMA
worked with the University to dev1:Iop mitigations to be
implemented and monitored by the University to reduce
potennal inIpacrs to below a level of significance,
including: (I) program scheduling requirements. (2)
parking management plans to include satellite parlring
and publictransponation options. and (3) building design
requirements to reduce off-sitc noise levels resulting
from athletic events within the fucility,
Guajome Ranch EstateslVlStil del Rancho
P/ilZ/l EIR
Project Type: Mixed Use: 160,900 square feet of
retaiJ/office and 24 single family homes
on 41 acres
Location: Vista.. CA
9- / tJV
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Lead Agency: City of Vista
Client: City of Vista
TIlls mLxed use center was highly conrroverstal due to lIS
loc:mon adjacent to a County resource-based park and
eXlsong residences as well as Its traffic rmpact on alreadv
impacted roadways 10 the COmmunllV. LMA v.urked
WIth the City of Vista and the applicant to develop
autigaoon measures to help rednce the Slgm.ficant unoacts
IOcluding: (I) idenllfying mtema1 and external roadway
improvements and traffic control measures to auog3te
direct traffic unpaClS. (2) identifying analternanve sewer
alternanve to aVOId wetland impacts. (3) reqwnng slle
plan approval by the County park plannIng and
coorclinaong co== (4) defimngperfurmance cmena
for landscaplOg, (5) specrlVi.ng facility locaoonal cmena
for commerct.a.l acttV1nes to minimi7e nOIse unpacrs on
surrounding reSIdences. and (6) phaSIng ofrhe commerCIal
component of the project to correspond to the compJenon
of off site rrod improyements.
Gatv Projects EIR/Gaiy Reservoirs EIR
Project THle: Water Treatment and Storage Facility
on 129 acres
Location: Olivenhain. CA
Lead Agency: OlivenhamMunicipaJ Water Dismct
Client: OlivenhamMunrcipal Water Dismct
The original project IOcluded a potable water filrraoon
facility and two above-ground water storage resen'OIlS
along' with assocJated -pipelines. Public oppoSItion
revolved around visual noise, water quality and public
health issues. In response to the public opposition =ved
dunng public review of the EIR. the applicant elimmated
the water treatment facility from the Slle. and L\1A
prepared an Em to address solely the two reservoirs.
Public opposition for this revised project revolved around
shon and long-term \,sual impacts. water quality and
consrrucoon-related noise. LMA. along WIth the applicant
and concerned citizens. developed IOltigation measures
to reduce these impacts to below a level of sigm.ficance.
including: (I) a drainage plan to diven storm water and
spillage away from resIdences and the adjacent landfill.
(2) a landscapmg plan for all manufactured slopes and
existing onsite dismrbed areas to be approved by a
Landscape Comminee. which would be compnsed of
neighboring residents. OJ fencing for security purposes.
(4) the color of the reservoirs to be deternuned by the
Landscape Comminee. and (5) establishment of a 24-
hour hotline for noLSe complaints.linuraoon on the hour.;
of construction and a pre-blast warnlOg program ior
blasnng dunng construcooo.
Jfontreux Specific Plan EIR
Projea Type: Estate Resrdennal: 84 homes on 345
acres
Location: Lake Hodges area. Escondido. CA
Lead Agency: City of Escondido
Client: City of Escondida
TItis residennal project was proposed in steep [erra1Il
overlooking Lake Hodges. Grading of steep slopes
to accommodate development was a major conc<:rn
of the local crtizens as well as the Joint Powers
Authority of the proposed San DiegwlO River Park. In
addition. the srtesupporteda variety of sensllive biologr cal
resources including several plant speCIes and habitat for
the threatened coastal CalifOrnIa gnatcalCher. LMA
worked with the applicanllo redesign the project to aVOId
the majority of the sensitive biological resources. Sensnive
plant relocation or restoration requirements were definea
and offsite habitat compensation for the gnatcatcher was
quannfied. Project redesignalso eli m; ">1M the proposed
homes which would have been most visible from the Lake
Hodges area. Limitations on the percent COYer of second
stones as well as exterior coloration was used to funher
reduce visual impacts, Exposedrock faces were proposed
to be stained to give them a weathered look resembling
other rock escarpments rn the area.
Nonh County Square EIR
Project Type: Mixed Use: I million sf on 102
acres
Location: Vista. CA
Lead Agency: City of Vista
Client: City of Vista
This project faced substantIal oppoSItion from
adjacent residents due to the potential traffic.
biolOgical and visual effectS, In addition. the U,S.
Fish and Wildlife Service was strongly opposed to
the loss of riparian habitat proposed by the project..
L\1A worked with the project proponent to develop a
master landscape plan to provide for screetting of
uses and overall \isual enhancement. Additional
[llitigaoonmeasures mcluded; ( I) illllDWtive lighting and
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nOISe lechmques 10 reduce the unpact of the project on
nearby residences. and (2) a ph.a.smg plan (0 assure that
the proposed road system improvements were
implemented before development.
Woodcresr at Santee EJR
Project Type: ReslClenna1: 162-sillgJe famliv
homes on 70 acres
Location: Santee. CA
Lead Agency: City of Santee
Client: City of Santee
This General Plan Amendment. Tentanve :v!ap and
Rezone resulted in sigmficant traffic. visual quality,
geology, and noise impacts. LMA worked with the
project's soils engineer to define mlligation measures
for landslides and with an acousncaJ engmeer 10
determine the height and locanon of nOIse barners to
mitigate otfsite nOIse Impacts of the project. A
number of road improvements including signalizanon
and road widening improvemenlS were idennfied to
rmtigate traffic impacts.
Palm PIllZ/l EIR
Project Type: Retail Shopping Center: 617.000
s.f. on 60 acres
Location: Olay Mesa Communiry, San Diego.
CA
Lead Agency: City of San Diego
Client: Gatlin Development
This shoppmg center. anchored by a Wal.1vlart
Discount Store and Sam's Club. was proposed on a
site that exhibited a number of environmental
COflSttainlS. The presence of a federally.threatened
specIes. the coastal California gnaICatcher. posed a
sigruficant hurdle to the development of the properry.
The conversion of residential land to commercial use was
cOflSldered amajordepanureftom theadopted communiry
plan for Oray Mesa due to the perceived imbalance
berween employment. commemal and residential areas
in Olay Mesa. Local commercial property o"ners
expressed concern about the financial impact of the
project on their development plans. The visual impact of
the center on an adjacent freeway as weIJ as surrounding
resIdential areas was also a key concem Impacts to the
gnatcatcher were mitigated by setting aside habitat onsue
as well as acqU1ring otfsite habitat for the bird. An
lDvenroryof extSllIlg and pJ.anncdJand u.seswas tmdcrtaken
to docmnentthattheaaualamoum ofco1I11Ill:fCial1',up<a ty
in the communiry was less than expected due to past
changes ill the communiry plan. A rc:vtew of other
commumties demonstrated that the ratio of commercal
to reSIdential development would not be excessive with
adopnon of the proposed center. To refute con=s
about the socio-economic impacts expressed by other
commercial venrores in the project area.. a marlcet study
was petforrned to showthatthecemcrwould not advl:rsely
impact thesevennm:s. Final1y, I .nn<raping and building
amculanon wen: used to minimi7C visual impacts.
Remington Hills Precise Plan Program EIR
Project Type: Residential: 352 homes on 100
acres
Location: Otay Mesa community, San Diego, CA
Lead Agency: City of San Diego
Cliem: Environmental Development
This Program EIR addressed the anticipated impacts of a
preCIse plan as well as the specific impacts of a proposed
tentanVe map. The presence of the coastal California
gnatcatcher as well as other sensitiveplam habitalS was a
major coflSttaint to the development of the project. Noise
impaclS from a nearby freeway (I-90S) posed problems
for the perimeter homes. The project conflicted with the
goals of the City's Resource Protection OrrIin.nN'!which
placed limits on the amount of steep slope and biologically
seflSitive lands which can be developed. Finally, traffic
from the proJect imp"<;tl'(j amajorintersectionin the area..
Native areas on the site were retained in open space to
reduce biology impacts. and otfsite habitat acquisition
was determined to mitigate the gnatcatcherimpact. Noise
barriers were calculated for the homes which would be
impacted by freeway noise. Needed roadway
improvements were defined including installation of a
traffic signal at the impacted intersection.
&;I.blic Agency Support
El Rancho del Rey Sectional Planning
Area III
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Project T)"jle: 1,582-a= Master PLmned
Co=umrv:
Locatiou: Chula V1Sla, CA
Lead A~ency: City of Chula Vista
Client: City of Chula Vista
L\1A served as an e:<tenslOn of City staff to coorctinate
WIth the envtronmemal consultant wluch was under
contract to the City for preparanon of the EIR L\fA's
responslbilines included facilitanon of the project
schedule, coordinanon WIth subconsultants, and fe\lew
and comment on the EIR as to the accuracy of the
document and adequacy of the EIR to fulfill the
reqwrements ofCEQA
University Village On Campus Housing
Phase f/ Initial Study
Project Type: ReSldennal: 112 umts of on<ampus
housing
Location: CalifOffita Polytechmc State Uruvel'S1ty,
Pomona. CA
Lead Agency: Califotnla State University
Client: Califoffita State Uruverslty
The Initial Study, wluch provided the Board ofTruSIees
of the Califotnla State University"ith the eVIdence upon
wluch to base the preparanon of a Neganve Declaranon,
idennfied five envirorunental issues wluch could have
been unpacted by the proJect. The Initial Study proVIded
an enVIrorunental analySIS for each of these issues and
discussed the project desIgn measures that were reqUlIed
to aVOId Significant impacts. The analySIS contalt1ed in
the Initial Study concluded that the proposed UniversIty
Village Phase II would not have a significant effect on the
enVlrorunent. In addinon [0 preparation of the lnitial
Study, LMA prepared and filed the necessary public
nonccs for the universIty lD compliance WIth CEQA.
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!BaSler Planned Communities
Otay Ranch
Project Type: 23,OOO-acre Master Planned New Town
Location: Chula Vista.. CA
Lead Agency: City of Chula VISta and County of San
Diego
Client: City of Chula Vista
This project was the largest land use plan ever processed
lD the County of San Diego. It was also the first time two
separate Jurisdicuons Joinilyplanned a land development
project. With that disnnction. the management of the
project and the scope of all of the planrung and
enVIrorunental documents were unprecedented in the
county. LMA managed the work of four Citizen
Comrrunees, eIght T echmcal Committees. five consulting
firms, and the asSigned staffs of the City and county to
deSIgn a plan that was approved by both the Chula Vista
City Council and the County Board of Supervisors. All
major ISsueS in land use planning were addressed in thts
project lDcluding transit oriented development planw.ng,
resource protection and management, fiscal impact
analysIS, public facility planning, phasing and financing
and commurnty parnClpation.
Torrey Highlands
Project Type: I,SOO-acre Master Planned
Commurnty: 4.300 dwellings, [WO
pedeslnan-orienred mixed use
centers, freeway-oriented
commercial, employment parks,
municipal golf COUISe. city operations
center and other public uses
Location: North City Future Urbanizing Area,
San Diego, CA
Lead Agency: City of San Diego
Client: ~ulti-ownership
This complex planning effort involves 37 different
property owners Within the plan area, and most of
whom are not satisfied with the corrent plan
designanon. Regiottal traffic is a major concern of
thea~acent commumties. and a public vote will eventually
be reqwred to allow this area to be developed. Financially,
the project needs to work for both the city and the property
owners. Four other adjacent planning areas are being
processed at the same time. LMA. as the lead COnsultant,
has formeda team approach with the other planning areas
to coordinate all work. LMA meets weekly with the
owners to formulate policy andlanduse recommpnnorions.
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Financml planmng IS betng completed WIth owner and
city tnpUL To address public concerns. L\1A has met
WIth all local planmng groups and is worlang mth
subcommllleesofthose groups to respond to thel1 COncerns
in a WDely manner.
Ranc/w Cielo
Project Type: 3,aOO-acre Master Planned
Commurnty
Location: Rancho Santa Fe. CA
Lead Agency: County of San Diego
Client: Rancho Cielo Property Owners
ASSOClauon
TI1.is was a conuoverslal project because most of the
site IS on steep slopes and seDSlove habitat Anthonv
Lemen, as the project manager. first completed a
resource inventory and analysIS to idennfy those areas.
most SUItable for development By doing this at an early
stage, the plan was able to avoid development of steep
slopes and sensniveareas. W orldngWlth the local planmng
groups and homeowners associanons. this Spectfic Plan
was approved at the deDSlty requested by the property
owners.
East Elliott
Project Type: 2.700-acre multi-ownership Master
Planned Communllv
Location: East San Diego County, CA
Lead Agency: City of San Diego
Client: City of San Diego
This was a difficult assignmeDl since LMA was
retained to represent the City of San Diego on a
project involving 160 property owners in an area of
steep slopes and very sensitive habitat. L~1A 's
responsIbility was to develop a process to evaluate
the land developmeDl capability and to prepare
alternative development concepts. This was
espectally difficult because the CIty'S resource protecnon
ordinance focused on a parcel4Jy-parcel analysIS rather
than a planned commUDlty approach. The city accepted
L\1A's approach to develop a land suitability analYStS
and ranking system due to the complexity of the existing
resources. That analysis still serves as the basis for plan
evaluation.
Fairbanks Country CLlb
Project Type: Specific Plan
Location: San Dieguito Valley, San Diego, CA
Lead Agency: City of San Diego
Cliem: WattllKWstries
This project was controversial due to its locauon
adjacent to the commUDlty of Rancho Santa Fe and
the San Dieguito River Valley. The project proposed
c1uSlenng, which was not envisioned in the area.
Bruce McIntyre prepared the Specific Plan that was
evenrually adopted by the city and worked closely
with staff and the community to address concerns
about community character and resource protection.
TI1.is project is now one of the most well known and
admired golf course communities in the regIOn.
l,jIublic Agency Support
EI Rancho del Rey Sectional Planning Area
Project Type: 1,582-acre Master Planned
Community
Location: Chula Vista. CA
Lead Agency: City of Chula Vista
Client: City of Chula Vista
LMA served as an extension of city staff and prepared
all reports and analysis for the project. This was a
difficult project because it was the city's first extension
of developtOCnt in areas of irregular terrain. This
required close scrutiny of residential design,
circulation., and grading. LMA worked closely with
the developer and the city to get major redesign of the
project to reduce grading and visual impact and :it
the same time reduce development costS for the
project. The comm11nily supported the project, and
it was nn.nimously al'l'w,..i by the City Council
MKEG Otay Nestor Co""""nity Plan
Amendment
Project Type: 159-acre industrial development and
community park
Location: South Bay area. San Diego, CA
9 -/u t/
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Lead Agency: City of San Diego
Client: City of San Diego
LMA served as extenswn of staff to manage and process
this CommUDlty Plan AmendmenL Located in a wetiand
area within the Coastal Zone. this project Involved a
delicate balance between employment development and
biolOgIcal resource pr=rvanon. L\1A worked WIth the
develaperto crearea naruraJDoodconrrol channel through
the project to reduce biolOgIcal impactS and prCMde a
commUDlty park for the benefit of the local commuruty
Project Processing
Project Type: Processmg Pemuts and Plans
Location: Chula Vista. CA
Lead Agency: City of Chum Vista
Client: City of Chula Vista
LMA served as an extenSIOn of staff for the City of Chula
Vista to process major use pencits. zone reclassrficanons
and tentanve subdivision maps and prepare staff reportS
to the Planning Commission and the City Council. In that
role. LMA worked in the CIty offices. coordinated with
other CIty departments. and made all of the public
presenranons necessary for these projects.
PacTel Cellular
Project Type: PacTel Cellular Facilities
Location: Santa Ana. CA
Lead Agency: City of Santa Ana
Client: City of Santa Ana
LMA has considerable expenence processmg and
analyzmg pencits for cellular lIanStIllssion. Based
on that expenence. the cirv retained L\1A to amlse It
on a PacTeI application for e."qlaDSlon within the city.
Issues were health impacts. visual concerns. and
technical concerns regarding semce needs. LMA
analyzed the site and pulled in techmcal experts to
respond to health and service issues. City staff and
ultimately the City Council approved the
recommendations and conditions proposed by LlvlA
IIrbanIRegional Plan Implementation
Chula Vista Sphere of Influence
Project Type: CompreheOSlVe Sphere of Influence
Study
Location: Chula Vista.. CA
Lead Agency: City of Chula Vista
Cliem: City of Chula Vista
Anthony Lertien was the pnncipaJ in charge oithe CltV s
firn comprehensrve Sphere of Influence Study. In that
effort the city was successful in amending tts sphere oi
influence through the Local Agency Formallon
COmnusSIOD. ~jor areas addressed included extensIon
of the sphere IOtO the Eastern Temtones and the Olav
Ranch. idennficanon and analysis of public semce
capabilities. creanon of special srndy areas to resolve
potential conflicts with adjacent CIties and idennficanon
of fiscal impact analyses to address cost/revenue
cODSlderanons.
C1lula Vista Gruwth Management Element
Project Type: Growth Management Element
Location: Chula Vista.. CA
Lead Agency: City of Chula V1Sla
Client: City of Chula Vista
This voluntat)' component of the General Plan was a
concern to most of the development commUDlty when
proposed by the city. By working with thatsegment of the
commUDlty and the local citizens comminees. the City
Council adopted this framework plan. LMA was
responsible for the drafting and implementation of the
element throughout the heanng process.
Montgomery Specific Plan _
Project Type: 3.5-square mile Specrfic Plan Area
Location: Chula Vista. CA
Lead Agency: City of Chula Vista
Client: City of Chula Vista
The effon with this project was to propose zoning
regulations that would implement the Specrfic Plan. To
do this. LMA proposed the creation of neighborhood
stUdy areas. and the use of community forums to identiiY
the most appropriate developmem codes. Mixed use
zones were also proposed to respond to specrfic issues_
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The communllY forums and the communIty outreach
programs helped focus LSSUeS WIthin each neIghborhood
and resolved conflicts pnor to City CounCIl re>,ew.
Industrial Park Feasibility Study & Halell
iWalel Ordinance
Project Type: lndusmal Park FeastbIlitv Study &
HOlel/Motel Ordinance
Location: Escondida. CA
Lead Agency: City of Escondida
Client: City of Escondida
The ISsues WIth these studies related to two different
sectors of the economy that wen: not flmng well in
Escondida. LMA met with the industrIa! parle users
and hotel/motel oper.1lOrs to better understand thetI
concerns. Two ZOning studies for the City were prepared
to determme theneedtoamend~gcod&:sand policies
for transIent lodging and industrial parle development.
The reports responded to the City's concern regarding an
adequate mixture of industrial land users and appropriate
zone controls to encourage full service hou:! fIalities.
Methodology included comprehensive teVlew of similar
Junsdictions' arriinonN'<.liternture search. and meeting
WIth staff and community members involved with
industnalland use and transient habitation. Reports for
CounCIl anddraftianguagefurlhe :zoningaxle amendment
were also prepared..
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Stanley Hoffman and Associates
Related Project Experience
Chino HiI.lJ AnnexatioDllucorporation Studv. This
study completed in D=nber 1989. 3SSIsted th~ County
of San Bernardino. the City of Chino and the resIdents ;f
UDlDCOrporaled Chino Hills in evaluating the fiscal
implicanons of either annexmg 10 the eXlStUlg City of
Chino or forming a new city through incorporanon. The
srudy examined future COSIS related 10 these new limns of
governance. including an analysis of specmJ dismClS
servmg Chino Hills. Chino Hills was incorporaled in
November 1991.
Clovis Sphere of Influence Espansion. In Seplember
1993, Stanley R Hoffman AssoC1aIeS compleled a draft
applicaaon forthe expans10n of the sphere ofintJuence of
the City of ClOVIS. Prepared under guidelines of the
Fresno County LAFCO and pursuanl 10 Government
Code ~56301, ~56427 and ~56428, the application
included present and planned land uses: public facilities
and seCVIces needs; cost revenue studies: and social and
econmmc communitiesofinteresr. Theplanned expansion
area of approximately 17,500 acres is estimated 10 be
sufficient 10 accommodale projected growth in CloVIS
over the next 2S years.
South Corona Commmrity Facilities Plan. In April
1988. StanleyR HoffmanAssociales. in associaoon WIth
Don Owen & Associates, prepared an infrnstrucrore
financing analysisforthe South Corona CommDDltv. The
first stage of the analysis involved collection of existing
finanCIal data on tax raIes: identificaoon of a minimum
infrastmcmresysremandphasingparameters: andanalvsis
of required facilities by time penod. Secondlv.' the
proJect Identified alternative revenue streams that could
be generated from development in the study area and
compared alternative fin.nc:ingplans. Finally, a preferred
finanClOg plan was recommended and adopted
Fisc81 Impact Analysis forthe Fontana General Plan.
S tanlcv R Hoffinan Associates prepared a fiscal impact
analysis of the General Plan for the City of Fontana in
Seplember 1992. Using a compuler modcl tailored to the
City of Fontana, we projected the City's general fund
revenues and costs and redevelopment tax increments
disanguisbing betwecnsubareasmcJudingNorlhFomana.
the remamder of the existing corpor.::e city and large
furore annexalions. The fiscal model was documented
and City staff was ttained in the use of the modeJ.
Fullenon General Pla.n Fiscal AJ1aIy!is. As part of a
General Plan U pd.'l1e team. Stanley R HoffinanAssoC1ates
prepared a fiscal analysis of General Plan alternatives.
including the p,,::f..,...J plan in August 1993. An ISSUe
paper of fiscal ,iability was also provided. The paper
diSCllSSed relationships of land uses to ~nue and cost
generation. to the local revenue generation effon. to
allernanve means offunding ongolOg public sen~= ami
to local and state fiscal relationships.
City of Palm Springs Annexation Study. Stanlev R.
Hoffman AsSOCIates. as pan of a project team. prep<J.red
the fiscal analysis for an annexation of approx:uoatejy
8,600 acres to the City of Palm Sprmgs. The analVSI~
quantified thecoS! andrcvenue Ullplicaoons of anIlclCailOn
and development of the property to the City of Palm
Sprmgs and the County of Riyemde General Fund and
other affected County funds IOcluding fire, librarv and
roads. The analysis was approved by LAFCO in <ktober
1993.
CountryCreekEstates. Completed in December. 1992,
Stanley R. Hoffinan Associates prepared a fiscal impact
report for the Country Creek Estates project within the
Phelan Community Plan area of unincorporaIed San
Bernardino COUDty. The proposed project consisted of
96 residential lots and open space acreage. The stUd\'
analyzed fiscal impacts on the County General Fund. th~
Road Fund. Fire Protection Disaict, and Librarv and
Flood Control Disaicts. .
Rancho Las Flores, City of Hesperia Annexation.
Stanley R HoffinanAssociates in association withKadie-
Jensen. Johnson & Bodnar, preparedafiscal andfinancial
plan for the proposed Rancho Las Flores plarmed
community development in the City of Hesperia The
srudyanalyzed and recommpnded a range of financing
techniques including Mello-Roos special taxes and
Landscaping and Lighting Assessments to pay for the
necessary i.nfrastructnrr. Additionally, operations and
maintenance costs were covered from a combinalion of
general fund so= and Mello-Roos special taxes.
Ritter RanchSpeciilC PlanEIR Fiseal Impact Analysis.
This fiscal analysis was prepared in September 1990 for
the City ofPa1mdaIe inconjunction withan environmental
impact report prepared by Robert Bein. William Frost &
Associates for the 1 LSOO-acreRioerIW1chSpeci:fi.cPlan
and the adjacent 1.200-acre Ritter Ridge area. Stanlev R
Hoffinan AsSOCIates' fiscal analysis addressed public
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service reqw.remems andCOSlS. as well as public revenues.
The study also included tesl1Dg and evaluanon of the
fiscal impacts for baseline land uses and an evaluanon of
fisca1lI11riganon through property owner assessmem.s for
park l'T1!:1jnf.-nJ'ln~.
CIty of Heme! Pari!. HIll Annenrion. A fi.scal impact
study of a potcnnal annexanon to the City of Hemet was
completed in May 1990. The study projected the fiscal
impacts to the City of Hemet for the annexanon of the
1,600-acre Pari!: Hill area. The analysiS Involved data
development for over 2,000 parcels. with a range of
existing teSldennal and non-residennal development and
future development potennal. The analysis projected the
recumng revenues and costs to the City of Hemel upon
annexanon. and at bwldouL Fiscal impacts to the County
of RiversIde. the RIverside County Fire District. and the
Riverside County Free LIbrary were also projected.
o rigiD and ExpeDditureolFuniU in SlID Diego COllIIty.
1n0ct0ber 1984, StanleyR. Hotfmanft."""'.....".~.....!
a deta1led review of a wolk program for the San Diego
County DepamncnI afP1am1ingandLand Use. Thewolk
progrnmandreviewiJIvolved theconccpwalandempirical
division of County I'C\'CIlllCS andCOSlS into two categories:
cOW1lyWIde, and Ioc;al. specific to nn;nrnrporatcd County
subareas. The review involved a systematic rii."nmon of
all costs and revenues. and c""min..non of issnes related
to Incorporations, .n.-..arions, andconmy=-nIising
authonty.
Crowder and Watt/Escondido. In September 1993,
Stanley R. Hollinan Associates prepared a fiscal impact
analysis for Crowder and Wan Prnperries. San Diego.
The analysis projected the 1'CCIIIIing fiscal it11J"""" to the
San Diego County General FUIId and Road Fund as a
result of the development of the Crowder and Wan
properties near the City of Escondida. One altemaIive
assumed that the prnperries would annex to the City of
Escondido. while the' other altemaIive assnmed that the
development would be under the jurisdiction of San
Diego County.
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91
&PRESENTATIVE CLIENTS
Public Agencies
__ City of Chula YISta
. Doug Reid
Environmental Review Coordinator
691-5104
City of San Diego
Ann B. Hix
Principal Planner
236-5900
:. CityofYISla
Jaclr; Larimer
Acting Planning Director
726-1340
OlM:nhaiD Municipal Water District
. David McCollom
. Gener.al Manager
753-6466
Private Clients
EastLakc Development Co.
Katy WrighL Development Coordinator
421-0127
DaJeyCoIpOration
Bob Trettin. Contract Planner
484-0212
Paul Robinson. Attome\'
McDonald. Herht and Solberg
239-3444
LMA has an excellent working relauonship in both the public..
and priva1e sector. and encourages verification of. our,' quality co.
document preparation. and excellent. representation::.
capabilities.
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Representative Clients
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AMENDMENT NO.1
TO
AGREEMENT REGARDING CONSULTING WORK TO BE
RENDERED WITH REGARD TO CITY OF CHULA VISTA
SPHERE OF INFLUENCE UPDATE STUDY
ENVIRONMENTAL IMPACT REPORT
CASE NO. EIR 94-03
This Agreement (Amendment" or alternatively "Amendment No. I "), made as of
October.!.!i..- 1994, between the City of Chula Vista ("City"), Lettieri-McIntyre & Associates.
Inc. ("Consultant"), and The Otay Ranch, L.P. ("Applicant"), is the first amendment to that
Agreement dated July 21, 1994, entitled "Three Party Agreement Between City of Chula Vista.
Lettieri-McIntyre & Associates for Consulting Work to be Rendered with Regard to
Environmental Impact Report for Sphere of Influence Update Study" between the same parties
("Original Agreement"), and is made with reference to the following facts:
WHEREAS, the parties entered into the Original Agreement for the purpose of
having Consultant prepare an Environmental Impact Report and for other environmental
documents;
WHEREAS, Section 3.2.1 of the Original Agreement provides for modifications to
the original Agreement;
WHEREAS, Consultant has prepared and submitted proposed amendments to the
original Agreement (Exhibit "A") in the form ofletters dated September 19, 1994; and,
WHEREAS, the parties have reached agreement as to the terms and conditions for
additional work associated with the project and cost therefore.
Section 1. Other Terms and Conditions
All other terms and conditions of the Original Agreement, not expressly or
indirectly amended by the terms of this amendment shall remain in full force and effect and shall
otherwise govern the terms of this amendment.
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Amendment No. I
Lettieri-McIntyre & Associates
Page 2
IN WITNESS WHEREOF, City, Applicant and Consultant have executed this
Agreement this It;' :1" day of October 1994.
CITY OF CHULA VISTA:
CONSUL T ANT
Lettieri-McIntyre & Associates, Inc.
/J/ "/
BY: '-.... ,( /"v~ f. -4.--
,)lfn Goss, City Manager
BY: )~LW" /11 ;l~~
M: Bruce McIntyre, Pfincipal
PROPONENT:
The Otay Ranch, L.P.
- .' . :// /~::P' .
BY: " _ ,~~ /"
"Kim J/ilk'enrl'y, Vi~,.president
Attachment: Exhibit "A"
Ilb\contracts\LMAamend.doc
9~/)d)
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Exhibi<:
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JL1Ll~,l:U
LETL:E:::i-\;lj',I';;'~ -'-.:'
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.~~ ::~~ 0 \~'/f-- ~--
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-.......-
September 19, 1994
. '
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\1r. Jerry Jamriska. Project \1anager
Otay Ranch Team Office
.315 4th Avenue. Suite A
Chub Vista. CA 91910
SUBJECT: CONTRACT A1\1END:vfENT FOR THE CHUL\ VISTA SPHERE OF
INFLUENCE UPDATE EIR
Dear Jerrv:
TIlis represents an amendment to our scope of work, cost estimate and schedule included
in our contract dated July 28. 1994 for the City's Sphere of Influence Update EIR. The
informarion contained in this amendment defines a work program and associated cost in
addition to that specified in our luly contract. The original contract remains in effect for
the scope of work not updated by this amendment.
BASIS OF ANALYSIS
The following assumptions are the basis for the detailed scope of work described in this
contracr amendment:
-\sslImnrions for the Otav Ranch Portion of rhe SDhere UDdate
Whereas.
The County of San Diego and the City of Chula Vista adopted identical plans
for all of the Otay Ranch with the exception of Village 3.
The Otay Ranch portion of the sphere update has been analyzed in the Otay
Ranch Final Program EIR (FPEIR).
The proposed sphere update would not change the intensity or density of
development potential for the Otay Ranch portion of the sphere update'area.
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Mr. Jerry Jamriska
September 19, 1994
Page ::
Therefore,
The Program EIR for the sphere update will su=arize and incorporate by
reference the analysis contained in the Otay Ranch FPEIR for the three
issues required by L<\FCO (Land Use, Public Facilities and Fiscal), with the
exception of Village 3.
The Program EIR for the sphere update will provide a comparative analysis
of City's and County's development plan for Village 3 for each issue
addressed in the FPEIR.
No new field work will be conducted and no new technical information will
be generated for any portion of the Otay Ranch by LMA
Assumptions for the Non-Otav Ranch Parcels of the Snhere UDdate
Whereas.
CEQA documentation has not been prepared for the remaining parcels of the
sphere update area with the exception of the Eastlake landswap property,
which was addressed in the Otav Ranch FPEIR.
The Program EIR for the spher~ update is therefore the first opportunity to
evaluate a "project" as defined by CEQA for the non-Otay Ranch parcels with
the exception of the Eastlake landswap property.
The City's existing land use designation for the following parcels would not
change or would decrease the intensity and density allowed under the
County's General Plan:
DeGraff
Rock Quarry
atay Landfill
Lower atay Reservoir
Southwest Corner
The City of Chula Vista will initiate General Plan Amendments for the
following parcels to maintain a compatible land use designation and same
level of intensity and density of development as the County of San Diego's
General Plan for these parcels:
Water Reservoir
atay Water District
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\lr. Jerry Jamriska
September 19. 1994
P:J.ge 3
~
The rate of development of the foregoing seven parcels tbat would not change
land uses or would have less of a development potential would not be affec:ec
by the sphere amendment because tbe development would not be continge:-::
upon city services. Specifically, six of tbe parcels would be in open space or
agricultural use which are not contingent upon public services. One parcel.
DeGraff, would have the development potential of one dweiling unit, which
could be developed without urban-level services.
The City's existing land use designation for tbe following parcels allows an
increase in the intensity and density of development over the COUnty's
development potential:
Ross
Gerhardt
Watson
With the proposed GPA the Satterla property would be able to develop at
a greater intensity/density than ailowed under the County's General Plan.
Therefore.
The Program EIR will summarize and incorporate by reference tbe analysis
in the Otay Ranch FPEIR for the Eastlake Iandswap property for the issues
of Land Use, Public Services and Fiscal.
The Program ErR will analyze only Land Use, Public Services and Fiscal
issues. which are critical to LAFCO's evaluation of the sphere amendment,
for the DeGraff. Rock Quarry, Otay Landfill, Southwest Comer and Lower
Otay Reservoir properties because the development potential would either be
the same or less than currently ailowed by the County's General Plan. The
"Effects Found Not To Be Significant" section will address all other
environmental issues addressed in the Program EIR for these five parcels
based on the assumption that regardless of the jurisdiction the impacts would
be the same.
The Program ErR will analyze only Land Use, Public Services and Fiscal
issues for the Water Reservoir and Otay Water District parcels because the
proposed GPAs will ail ow for the same land use as currently allowed in the
County's General Plan. The "Effects Found Not To Be Significant" section
wiil address ail other environmental issues addressed in the Program EIR for
these parcels based on the assumption that regardless of the jurisdiction the
impacts would be the same.
~)~//~
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Ylr. Jerry Jamriska
September 19, 1994
Paue J.
"
The Program EIR will evaluate the Ross. Gerhardt and Watson properties to
a similar level of specificity as the Otay Ranch FPEIR because the potential
for development of these parcels increases with the change in sphere
boundary.
The Program EIR will to evaluate the Satterla parcel to a similar level of
specificity as the Otay Ranch EIR because it will be (with a GPA) included
within the City's General Plan area., has not been evaluated in the context of
the City's policies and procedures and would have a greater development
potential than under the County's plan.
SCOPE OF WORK
TIle following describes the additional scope of work by section of the Program EIR:
Introduction/Proieet Descriotion
These sections will be updated to address the revised scope of the EIR as addressed herein.
Imoact Analvsis
Our July contract proposed to address the three issues in the impact analysis as traditionally
required by LAFCO for sphere amendments. namely land use/community character. public
services and fiscal. This contract amendment proposes the following new major tasks:
1) Provide Existing Conditions. Impacts and Mitigations (if applicable) for four
of the non-Otay Ranch parcels (Satterla. Gerhardt, Ross and Watson) for all
of the environmental issues addressed by the Otay Ranch FPEm, including
literature reviews and field visits:
2) Provide a detailed discussion of Effects Found Not To Be Significant for all
non-Otay Ranch parcels that would have the same or less development
potential in the City of Chula Vista;
.3) Expand the fiscal analysis to address three additional alternatives;
-+) Include cultural resources and biological specialists to prepare letter reports
confirming potential for significant resources on the four non-Otay Ranch
parcels specified above:
5) Attend two additional meetings with City staff and counsel to review the
scope and analysis of the sphere update Program Em.
The basis of analysis for each parcel is summarized in Table 1.. The analysis in the Em
would be divided by Planning Area with each parcel specifically discussed. We will not
address the special study areas of Planning Area 5 as they are not proposed to be included
in the Sphere at this time.
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\1r. Jerry J amriska
September 19, 1994
Page 5
The following describes our additional scope of work based on the foregoing basis of
analysis:
Parcels with more development potential in the City of Chula Vista (Ross, Gerhardt, Watson.
Sutterfa roralling approximately 202 acres and a development potential of an additional 260
DU)
For parcels where the development potential would be greater in the City than in the
County, new existing conditions information would be generated and an impact analysis of
the jurisdictional change would be required. All sections of the EIR analysis would be
conducted by LMA with the assistance of biologists from our staff and Gallegos &
Associates for cultural resources. The specific scope of work for each issue is summarized
below:
Land Use:
Agriculture:
Services:
Biology:
LMA would conduct a comparative land use analysis including a
discussion of plans and policies, development potential, and
compatibility with surrounding land use.
LMA would identify historical and existing agricultural uses, soil
suitability for agriculture (Le., identify prime agricultural lands,
Farmland of Statewide Importance and Farmland of Local Importance
lands using the U.S. Soil Conservation Service and California
Department of Conservation criteria), crop values (if applicable) and
applicable agricultural policies. Existing agricultural activity would be
verified by site visits and would be mapped similar to Figure 3.7-1 of
the Otay Ranch FPEIR. The likelihood of important agricultural lands
within the other parcels will be verified using the "Conversion of
Agricultural Land" discussion in the General Plan EIR and the
agricultural soils mapping prepared for the Otay Ranch. In order to
comply with LAFCO's Agricultural and Open Space Lands
Preservation Policy, the presence! absence of prime agricultural lands
using LAFCO's criteria would be determined.
LMA would utilize information in the SOl Update Study and prior
sphere evaluation reports for a data base for service providers. LMA
would confirm through service letters what services are currently
provided to the four parcels and the ability to provide future service.
The impact on future service providers will be assessed.
Available existing conditions information such as the General Plan
EIR biological resources map and the MSCP maps will be used as a
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Mr. Jerry Jamriska
September 19, 1994
Page 6
basis of information for the Eusting Conditions section of biologicai
resources anaiysis. A field reconnaissance would be conducted by
LMA of the four parcels to confirm habitats and potential for sensitive
plant and animal'species. A letter report would be prepared by LMA
with the results of the reconnaissance. The impact analysis would be
qualitative as no plans for development are being proposed at this
time.
Geology:
The regional geology, soils descriptions, landslide areas will be
summarized from the General Plan EIR and confirmed using "Geology
of National City Imperial Beach and Otay Mesa Quadrangles,
Southern San Diego :Y1etropolitan Area" by Kennedy and Tan (1977)
and the "Soil Survey of San Diego County" by the Soil Conservation
Service. In addition, the Otay' Ranch Program EIR will provide
region-wide geologic information. Based on existing information, the
probability of onsite geologic hazards such as landslides, faults and
liquefaction potential would be determined. We would rely upon
standard building practices (i.e., UBe) as a basis for the impact
analysis and conclusion of no significant impact.
Traffic:
The existing conditions information provided in the Otay Ranch
FPEIR would be summarized and incorporated by reference. LMA
would estimate trip generation by parcel using the proposed City land
use designations and SANDAG's trip generation rates. LMA would
rely on the City's traffic engineer to determine significance of impact
based on the incremental contribution of the traffic generated by the
additional 260 DU. As no specific development is proposed at this
time. no detailed bicycle impact analysis will be conducted similar to
the Otay Ranch Program EIR. We do not propose to include a
transportation consultant.
.6Jr Quality:
The existing conditions information contained in the EIR would be
incorporated into sphere update EIR. LMA would calculate the
emissions associated with the construction of an additional 260 DU,
emissions associated with the additional trips associated with the
additional units. and emissions associated with any stationary sources.
The calculated emissions would be based on standard factors utilized
in the industrv for each emissions source. LMA would assess the
impact of the i;cremental contribution of the emissions on the regional
air quality and ability to achieve current air quality standards. As no
development proposals are being considered at this time, construction-
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.\lr. Jerry Jamriska
Seprember 19, 1994
Page 7
relared pollutants will be quantified on a worst.case basis (i.e..
development of entire parcels vs. clustered development).
Warer Resources!
Warer Quality:
The eXlStmg conditions, impact analysis and conclusions for these
issues in rhe Otay Ranch EIR will be summarized including regional
hydrology, hydrogeology, groundwater quality and surface water
hydrology and quality. LMA would rely upon City policies regarding
runoff control and standard building practices for drainage facilities as
the basis for the impact analysis and conclusion of no significant
impact.
Noise:
The existing noise environment and applicable noise standards would
be su=arized from the Otay Ranch FPEIR. The noise associated
with the traffic generated by the additional 260 would be assessed
qualitatively in relation to existing and future locations of sensitive
receptors. The EIR impact analysis would rely on the existing City
policies governing interior and exterior noise environment in
residential areas and noise abatement policies.
Cultural
Resources:
The potential for significant cultural resources on these four parcels
would be determined by Gallegos and Associates. A site visit would
be required by Gallegos and Associates to confirm site conditions, but
no detailed surveys for cultural resources would be conducted.
Gallegos and Associates would update the literature and records
searches conducted as part of the Otay Ranch FPEIR (we assume that
these are available), prepare a resource potential map delineating
"high", "medium" and "low" potential and prepare a letter report
su=arizing their conclusions. This information would be included in
the EIR and a qualitative impact analysis would be conducted.
Paleontology:
A "high", "medium" or "low" potential for paleontological resources
would be determined based on underlying geologic formations, the
Otay Ranch FPEIR and the General Plan EIRs paleontological
resource map. If any of the four- parcels exhibit high or medium
potential for resources, the EIR would identify a standard mitigation
measure for monitoring during construction.
Landform:
The analvsis of landform alteration is usually based on project-level
evaluatio~s of development plans. Since this is not the case with this
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Mr. Jerry Jarnriska
September 19, 1994
Page 8
EIR, LMA would identify any significant landform features on the four
parcels, and would rely upon the City's policies for the protection of
such resources. such as grading techniques, to reduce the impact to
below significance.
Population:
Based on a factor of 3.19 persons per residence in Chula Vista (1990
Census data factor), the proposed net additional residences could
generate approximately 829 persons. LMA would assess the direct,
indirect and cumulative impacts of the additional population.
Housing:
The proposed sphere amendment could be viewed as allowing growth
to occur faster that it would be if the sphere were not amended. The
sphere change would allow for an additional 260 units which would be
addressed in the context of the direct, indirect and cumulative impact
on housing stock.
Light:
The light and glare generated by the additional 260 units would be
assessed qualitatively with respect to the impact on the regions "nig.!'
sky".
Health:
The Gtay Ranch FPEIR would be utilized to identify any existing or
proposed sources of toxic materials or emissions including the location
of agricultural or industrial uses. The proposed four parcels would be
analyzed in the context of their proximity to such uses. The impact
analysis will rely on the fact that the City, County and State have strict
regulations for the handling, transport, storing and emissions of toxic
materials to reduce this impact to below significance.
Natural
Resources:
The development of 260 additional units will be evaluated in the
context of the ability to deplete natural resources at a faster rate if
developed in the City. The impact analysis will rely on City policies to
include conservation measures in building and landscaping design to
reduce this impact to below significance.
Risk:
The proximity of the additional 260 units to land uses which utilize or
emit potentially toxic materials will be assessed. The impact analysis
will rely on the fact that the City, County and State have strict
regulations for the handling, transport, storing and emissions of toxi'
materials to reduce this impact to below significance.
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Mr. Jerry Jamriska
September 19, 1994
Page 9
Recreation:
The additional 829 residents will create an incremental demand on
recreation facilities. The impact analysis will rely on the City's policies
for the provision of parks and recreational facilities to meet the needs
of the City's population to reduce this impact to below significance.
Energy:
The additional 260 units will require more energy that assumed under
the County's development potential. The incremental increase in
energy consumption will be assessed in the context of the premature
use of energy resources.
Thresholds:
A thresholds analysis would be conducted for the four parcels 10
accordance with the City's Growth Management Strategy.
Alternatives
Based on comments received from the County of San Diego on the Sphere Update Study
and direction from IAFCO staff, the following alternatives have been identified:
1) Reduced sphere to the San Bernardino Meridian;
2) Reduced sphere eliminating Planning Area 2;
3) Reduced sphere eliminating Planning Area 4; and,
4) No Project.
The final description of the alternatives will be based on preliminary conclusions of the
Program EIR. The analysis of these alternative for each of the issues addressed in the EIR
will require additional work effort than assumed in the original contract.
Fiscal
In accordance with your direction, the approved scope of the fiscal analysis will be expanded
to increase the number of revenue/cost projection alternatives analyzed from three to six.
In addition, Stan Hoffman will attend one meeting. An analysis of the assumptions used in
the FIND model has been deleted from Stan Hoffman's the scope of work.
Meetin~s
Based on the [evel of coordination required to date, we have included attendance at two
more meetings with City staff.
9-/cJ- /
/IA
1/ L/
, ,
Mr. Jerry Jamriska
September 19, 1994
Page 10
COST ESTIMATE
The cost estimate for the services described herein is $25,572, as ite,mized in Table 2.
SCHEDULE
Completion of the scope of work discussed herein will require five weeks from notice to
proceed but no sooner than two weeks after we receive the final fiscal repon.
We hope that this proposal meets your needs. If you have any questions, please call me.
Very truly yours,
LETTIERI-MCINTYRE & ASSOCIATES
~'I!?~
M. Bruce McIntyre
Principal
Attachments (Tables 1 and 2)
7~/dJ-
///
I
-
TABU; ,
Scope 01 Wortc At&tys,s tor 5cJhere UDOIde
I """.. ""'" ..... ~I Bio. I Gee. I Tmllc I AI Wat... Noise CUt. _. ....... Poo. I Housong Ught HeaIlh ........ .... Rea"ln - T>res. Fiscal - . at Sc:ape OIl
Use euln.<. """"'" """"'" lann
I , I , 1 , 1 1 Otay ...... FmR
I Otay _ 1 1 1 1 .
I Pwcd suttic:=--oetaJI to M1ame
i -=-- ISSUe;: fa, In. "
I _3 I am...-nt.
I I , 2 ;
Otay""'" 2 2 2 I 2 , , 1 2 2 1 1 1 2 1 , 2 4 GOP1SROP SIR ::11=
I _3 I SOl!'c:6cally address
I ~ betwun ~ .::
ana~ecIClaltSfcr.
3.
I DeGnItI . 3 I . I 3 . , 3 3 3 3 3 3 3 3 3 I I 4 57 OU Ca.) to 1 QU (City,'
. , . . 3 . 3 3 J
as~n (a).
Ross 5 5 5 , 5 5 . 5 5 5 5 5 5 5 5 5 5 5 5 5 4 2S OU~.) to 44 au (e::.
.
&S~(c).
I Ga-.. 5 ; 5 , . 5 5 5 5 5 5 5 5 5 5 5 5 , 5 5 5 4 44 OUCo.) to 52 QU (City:
I U~(c).
I Rod< a..." 3 J 3 , . 3 J 3 3 3 3 3 3 3 3 M..--. AunU Use (CO.l a;
. . 3 3 3 3 3 4
I re~onoetcDme1fannr
none Is proposed;
d_ WOUd b'
S~asumDtlons la
! W_ 3 3 3 . 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 4 A a-. Plan Amencme-r
I 3 3
i -- ben, lIIfU8te4 by the C.T\-
I (GPA) maM" &ana use d'e5lgN
on u.~ the same as
Ca~ see assumDtJOn It
I 3 3 3 l l l l 3 3 3 3 3 3 3 J 3 Im~SensnlveAndusrnaJ ;'C
~ .... 3 l 3 3 3 4
i eon- to ~ Space (Ctty);
..-. -.../"),.. (b).
Eo.- 1 , , , I , , 1 I 1 , , , 1 , 1 1 1 1 , , , 4 W_ ......... dewloo~
~S_ ~ baaed on an &Dcro
GPA;1IIa)I Ranch FPElR WI;I
uselhl...wze tnls careel.
Otoy 3 J 3 - I 3 3 3 3 3 3 3 3 J 3 3 l I J , 3 3 3 4 Im_ -..,. {Co.)
-
.....- 00_ Space (City): ,
a.s~(tl).
Otoy we... 3 J , . I - - 3 J J 3 3 3 3 3 , 3 3 3 J J 4 A ~ PIIIn Amendment
. - .
0tsZnc:t (~) benIJ IIIiIiabKS by the City
maJle _ &.no use al!'Srgnatl
on tna"DIItCet the same 8S :
Co~ see assumD'Don lel
-IGPAJ 5 5 5 5 5 I 5 . 5 5 5 5 5 5 5 5 5 5 I 5 5 5 5 4 1 OIl Co.) to 30 DU (Cll'.
"""- no .....ng CEO
do~ not Cl.lrrerr
~ fte City's Genc!f'aJ PIa
s~~onfC:l.
~
).:>
-
lDWW Cloy 3 3 J J I , , J 3 , , , , , I .' , , , - - - - . ........ ,.......,............---,
I """"'- not anently In the CIty's I
(GPAl Ran: Sft usumonon Itll
,
5 5 5 5 . - 5 5 5 ; 5 5 5 5 5 5 5 5 5 5 5 4 20 DU (Co_: to 224 ou Ie
w......
, liketit'looa of redeslgr'ilUJOl'
consistent wi1h CoLnty La
~ assumes no e
CECA documentlltlon: ,.
di!f.U In CV GP Is not C~
'_I I , I I Wdh speeiflctty on Ot.o,
, I I , , , , , I FPBR: see also assumDtc
,
-\.ssumptioDs:
General Scope
of Work:
:::::::::
\.>:::.
(a)
(b)
(c)
(I)
(2)
(3)
(4)
(5)
Decrease in dwelling units or development intensity would result in less physical change and would be unlikely to result in significant impact.
A proposed land use change to open space would not result in a physical change.
Assumes the City's mid-point yield is an accurate reflection of development potential based on existing City policies which govern development in sensitive areas (i.e., sl,
habita! etc). The City's estimated yield also assumes that no parcel is currently offering "extraordinary benefits" to the general public which would support development 0
parcel at the maximum yield.
Dtay Ranch FPEIR would be used for these analyses.
Comparative analysis required. using existing conditions information from the Dtay Ranch FPEIR.
Dnly the LAFCD-related issues would be analyzed for these parcels. The Effects Found Not to Be Significant section of the EIR would conclude that the sphere amendment w,
not be significant for these parcels for the remaining environmental issues because there would be either no physical change or less of a physical change.
New analvsis required based on conclusions of the FIND model update.
New analysis is required because there is not enough existing information for an analysis of this issue for this parcel to a similar level of specificity as the Dtay Ranch FPE
A vailable information will be utilized to the extent possible. Field reconnaissance will be required to confirm resources.
I(;\PFD.EC1'\CVS.2SCOANG\SCCPG-
-:
TABLE 2
CHUIA VISTA SPHERE OF INFLUENCE UPDATE STIIDY PROGRAM EIR
TASK
CLASSIFICATION
HOURS
RATE
COST is)
DESCRIPTION
Scoping with City staff and counsel (includes PM 20 85 1, 7OO.CO
conference calls and preparation of scoping
reports)
P U 95 l,HO.CO
Revise basis of analysis and scope of the EIR PM 2 85 170.CO
discussions
II\IPACT ANALYSIS (20 Environmental Issues)
Otay Ranch (only LAFCO issues would be N/A N/A N/A N/A
addressed for these parcels; already included
in existing contract)
Village 3 (assumes majority of analysis will AP 16 55 880.00
be summarized from OR EIR
DeGraff Parcel (see Effects not Significant) N/A N/A N/A N/A
Ross Parcel (1 br/env. issue indo ex. cond.) AP 32 55 1,760.00
Gerhardt Property (1 br/env. issue incl. ex. AP 32 55 1,76O.CoJ
,
cond.) 'I
,
Rock Ouarry (see Effects not Significant) N/A N/A N/A N/A I!
Otay Water District Property (see Effects not N/A N/A N/A N/A ;1
II
Significant)
Waler Reservoir (see Effects not Significant) N/A N/A N/A N/A II
EastLake Land Swap Property SP 4 65 260.DO i!
Soulhwesl Comer (see Effects not N/A N/A N/A N/A I
Significanl)
Otay Landfill (see Effects not Significant) N/A N/A N/A N/A I
Lower Gtay Reservoir (see Effects not N/A N/A N/A N/A I
Significant)
Walson (1 hr / env.issue incl. existing cond.) AP 32 55 1,76O.DO I
Salteda (1 hr/env. issue indo ex. cond.) AP 32 55 1, 760.DO
EFFECTS FOUND NOT TO BE SIGNIFICANT PM U 85 1,02O.DO
(Discussion of all environmenlal issues except land
use, public services and fiscal as "not significant" for
the 7 parcels which do not change land use or have
less of a development potential)
"HRESHOLDS (Compliance with Growth AP 8 55 440.00
"Ianagement Strategy for traffic, parks/recreation,
drainage. air quality) for four parcels; serviccs
included under original contract)
)~ .25
5 /
)/1
TABLE 2 I
CHULA VISTA SPHERE OF INFLUENCE UPDATE STIJDV PROGRAM EIR
TASK CLASSIFICATION HOURS . RATE COST (S) I
ALTERNATIVES AP 16 55 880.00 I
!
FISCAL IMPACT ASSESSMENT Hoffman 1 1,725 1,725.00 I
AP 8 55 440.00 I
PROJECT MANAGEMENT/DOCUMENT REVIEW P 8 95 760.00 I
16 85 1,360.00 I
I
MEETINGS (2 Additional) P 8 95 760.00 I
PM 8 85 680.00 I
FIELD CHECK (all parcels) AP /PB 16 55 880.00 I
i
CULTURAL RESOURCES INVESTIGATION 1 2,875 2,875.00 I
PRINTING I
1st screencheck, MMRP, Appendices 1 155 155.00 I
Public Review DEIR, MMRP, Appendices 1 1,415 1,415.00
Final EIR, MMRP, Appendices 1 990 990.00 I
,
Tolal Contract Amendment $25,572.00
K:\PROJECT\ CVS.279\SCOPING\BUDG ET
:; -/~t
--
//S,
2
..
COUNCIL AGENDA STATEMENT
Item Number / t?
Meeting Date 5-16-95
ITEM TITLE: Resolution / 7 'iJ9 t Amending the Existing Agreement
Between the City of Chula Vista, Otay Ranch, L.P., and Remy &
Thomas, to authorize $25,000 in additional services to review
environmental documents and provide legal advice to City staff,
Waiving the Consultant Selection Process and Authorizing the
Mayor to Execute Said Amendment. ~ ^
SUBMITTED BY: Special Planning Projr\I\Manager, Otay ~. _~_ \ \j ./
REVIEWED BY: City Manage~ ~~\ (4/5ths Vote: Yes_No-X)
The City Council, on July 19, 1994, approved a Three Party Agreement to retain
the legal fIrm of Remy & Thomas to review environmental documents for the
Sphere of Influence, Sectional Planning Area (SPA) Plans and supporting studies
required by the General Development Plan, to provide processing guidance of all
supporting environmental documents to assure compliance with CEQA and avoid
litigation predicated upon alleged deficiencies in environmental documents or
improper processing of the documents for the Otay Ranch Project. The Agreement
contained a not-to-exceed amount of $25,000. To maintain continuity, it is
recommended that the fIrm of Remy & Thomas continue to be retained to review
environmental documents for the Sphere of Influence Study and application,
Annexation Study and application, the SPA Plan, provide processing guidance of all
supporting environmental documents to assure compliance with CEQA and avoid
litigation predicated upon alleged deficiencies in environmental documents or
improper processing of the documents.
RECOMMENDATION: Adopt a resolution amending the Existing Agreement
between the City of Chula Vista, Otay Ranch, L.P., and Remy & Thomas, to
authorize $25,000 in additional services to review environmental documents and
provide legal advice to City staff, Waiving the Consultant Selection Process and
Authorizing the Mayor to Execute Said Amendment.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION: The City desires to continue to employ a law firm with expertise
and experience in reviewing environmental documents for compliance with the State
and City guidelines and procedures of CEQA in reference to the Otay Ranch Project
SPA One Plans and related reports, Sphere and Annexation Studies and the
preparation of additional Environmental Impact Reports for those studies. The
R&T113A.doe 151'4'95
ItJ-/
~
Page 2, Item No.
/~
Meeting Date 5-16-95
Agreement contained a not-to-exceed amount of $25,000.00. Remy & Thomas has
provided legal support on the Otay Ranch Project since its beginning in November
1991 in such areas as Environment Impact Report and General Development Plan
preparation and review. In Fiscal Year 1993-94, the firm received $95,198.44 to
process environmental documents related to the General Development Plan, and
during Fiscal Year 1994-95 an amount of $15,783.30 for the Sphere of Influence
Environmental Impact Report. Current invoices will utilize the balance of the not to
exceed amount. On January 18, 1994, the City Council retained Remy & Thomas
services to represent the City in litigation filed against the City of Chula Vista and
the Otay Ranch Project. During Fiscal Years 1993-95 the firm received $472,351.53
for litigation services. Remy & Thomas offers special CEQA and litigation expertise
that is not available in-house. All costs have been the responsibility of Otay Ranch
L.P.
On May 9, 1994, a revised deposit Agreement was signed by Otay Ranch, L.P. for a
payment schedule. Pursuant to the Agreement, Otay Ranch, L.P. has made all the
required payments. That Agreement specmes all expenditures are to be current
prior to the 25th of the succeeding month. The Agreement stipulates that late
payments accrue interest at the rate of 4.384 percent per annum. In addition, the
City of Chula Vista has the option to stop processing all Otay Ranch, L.P.
discretionary applications if the deposits are not received prior to the 25th of each
month.
The current Agreement with Remy & Thomas, authorized by Council on July 19,
1994, specmed a maximum limit of $25,000.00 to perform the legal environmental
services on an as-needed basis. The recommended amendment requires similar legal
services for a grand total not-to-exceed figure of $50,000.00 without further
authorization of Council. Representatives of Otay Ranch, L.P. have agreed with this
amount, and the Amendment is ready for Council authorization. The current work
program anticipates completion of the SPA One and Annexation Study in the fall of
1995.
FISCAL IMPACT: There will be no fiscal impact to the City of Chula Vista. Otay
Ranch, L.P. will be funding the amended scope-of-work ($25,000.00) through their
Agreement and monthly deposit to the Otay Ranch trust account.
Attachments:
Resolution No. 17570
Three Party Agreement
I/'/ .:L-
R&T113A.doe 51'4-95
RESOLUTION NO. J? J"'l ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO
THE THREE PARTY AGREEMENT BETWEEN THE CITY OF
CHULA VISTA, OTAY RANCH, L.P. AND REMY &
THOMAS TO AUTHORIZE $25,000 IN ADDITIONAL
SERVICES FOR LEGAL CONSULTING SERVICES TO
REVIEW ENVIRONMENTAL DOCUMENTS FOR THE OTAY
RANCH PROJECT AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, the City Council, on July 19, 1994, authorized
City staff to retain the legal firm of Remy and Thomas to review
environmental documents for the Sphere of Influence, sectional
Planning Area (SPA) Plans and supporting studies required by the G
eneral Development Plan, to provide processing guidance of all
supporting environmental documents to assure compliance with CEQA
and avoid litigation predicated upon alleged deficiencies in
environmental documents or improper processing of the documents;
and
WHEREAS, to maintain continuity, it is recommended that
Remy & Thomas be retained to review environmental documents for the
Sphere of Influence; annextion; the SPA Plan; provide processing
guidance of all supporting environmental documents to assure
compliance with CEQA; and avoid litigation predicated upon alleged
deficiencies in environmental documents or improper processing of
the documents; and
WHEREAS, there will be no fiscal impact to the city of
Chula vista because Otay vista Associates will be funding the
scope-of-work ($25,000.00) through their monthly deposit to the
Otay Ranch trust account.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby approve the First Amendment to
the the Agreement between the City of Chula Vista, Otay Ranch, L.P.
and Remy & Thomas to authorize $25,000 in additional services for
legal consulting services to review environmental documents for the
otay Ranch project, a copy of which is on file in the office of the
City Clerk as Document No. (to be completed in the final
document by the Clerk).
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said First
Amendment for and on behalf of the City of Chula ista.
Presented by
od xl-
Gerald Jamriska, Special
Planning Projects Manager
Bruce M.
Attorney
C:\RS\Rernyl
JtJ-J.
FIRST AMENDMENT TO THE THREE PARTY AGREEMENT BETWEEN THE
CITY OF CHULA VISTA, REMY & THOMAS AND OTAY VISTA
ASSOCIATES FOR LEGAL CONSULTING SERVICES WITH REGARD TO
REVIEWING ENVIRONMENTAL DOCUMENTS FOR THE SPHERE OF
INFLUENCE STUDY, ANNEXATION STUDY, SPA PLAN AND
COLLATERAL ENVIRONMENTAL MATTERS
This Agreement is made as of for the purposes
of. reference only and effective as of the date last signed between
the CITY OF CHULA VISTA ("city") herein a municipal corporation in
the State of California, REMY & THOMAS ("Consultant"), and OTAY
RANCH, L.P. ("Applicant") and is made with reference to the
following facts:
WHEREAS, the parties entered into an Agreement dated July 19,
1994 entitled "Three Party Agreement between the City of Chula
Vista, Remy & Thomas and Otay vista Associates for legal consulting
services to be rendered with regard to the Otay Ranch Project"; and
WHEREAS, otay Ranch, L.P. has succeeded to all rights and
duties of Otay Vista Associates under said Agreement; and
WHEREAS, the parties hereto do hereby wish to amend 'said
Agreement by requiring additional work or services as provided in
said Agreement under the terms and conditions herein specified; and
WHEREAS, thereupon the parties desire to amend said Agreement
in the following respects only:
A. Exhibit A, Paragraph 2 shall read as follows:
2. Project Description ("Project"):
The proposed project is a city of Chula Vista initiated
proposal to amend its Annexation boundaries to incorporate
selected portions of the approved Otay Ranch GDP/SRP, as well
as a limited number of additional parcels outside the otay
Ranch ownerShip. As part of the Sphere of Influence Update
Study, the city will undertake general housekeeping efforts to
ensure that the Sphere and General Plan boundaries are
coterminous.
Future discretionary actions anticipated include applications
to LAFCO for annexation, prezoning, detachments district
formations, and dissolutions within the Sphere Area, which
will be analyzed in a separate, future environmental
documents(s).
B. Exhibit A, Paragraph 3 is hereby amended to include the
following:
1
./
jtJ/ ;;,
-.-....-..-.-.. .,----
3. Discretionary Approvals applied for include:
Prezoning of Parcels to be annexed;
Amendments to the Chula vista sphere of Influence;
Future annexation, detachment, district formation and
dissolutions; and
Sectional Planning Area (SPA) Plan.
C. Exhibit A, Paragraph 4 is hereby amended to include the
following:
4. General Nature of Consulting Services (" Services--
General"):
Legal Consultation on SPA and Annexation Plans and Sphere of
Influence Update Study and associated environmental documents
and to provide city Staff with guidance of all documents to
assure compliance with California State law including CEQA
calculated to avoid litigation predicated on alleged
deficiencies in the Environmental documents or their
processing.
D. Exhibit A, Paragraph 5 is hereby amended to include the
following:
5. Detailed scope of Work ("Detailed Services").
Provide legal consultation to the City of Chula Vista on the
preparation and processing of Sectional Planning Area
(Specific Plan Area) Plans, Annexation, Sphere of Influence
Update Study and all supporting environmental documents to
assure compliance with CEQA and other State laws calculated to
avoid litigation predicated on alleged deficiencies in the
environmental documents or improper processing of the
documents.
E. Exhibit B is hereby amended to incorporate the following
additional recitals in addition to the existing recitals in
the main Agreement:
WHEREAS, the Applicant has deposited an initial sum for the
processing of Sectional Planning Area Amendments, Annexation,
Sphere of Influence Amendments, requests for proposals, draft
and final EIR's, and all other necessary environmental
documents, and
WHEREAS, the City of Chula Vista is undertaking an update to
its Sphere of Influence and Annexation has determined that the
project meets the California Environmental Quality Act (CEQA)
definition of a project pursuant to section 20165 of the
Public Resources Code; and
2
/tJr?
WHEREAS, in order to comply with CEQA, an Environmental Impact
Report will be required to be prepared to analyze the projects
potential impact to the environment; and
.
WHEREAS, the majority of the project area encompasses the otay
Ranch General Development Plan/Subregional Plan area owned by
otay Vista Associates, L.P. (Applicant which will be the
primary beneficiary of the City's study): and
WHEREAS, the City does not presently have the "in-house"
expertise in the specialized field of environmental law; and
WHEREAS, this three-party agreement has been drafted in
compliance with Chula vita Municipal Code section 2.56.220 et
se. relating to purchases of consulting services.
F. In exchange for the additional services herein to be provided
by consultant, Applicant shall pay Consultant for the
productive hours of time and material spent by Consultant on
the performance of said services at the rates or amounts set
forth hereinbelow according to the following terms and
conditions:
I. Notwithstanding the expenditure by Consultant of time and
materials in excess of the Maximum compensation amount,
Consultant agrees that Consultant will perform all of the
Additional Services herein required of Consultant for
$25,000, including all materials and other
"reimbursables" ("Maximum Compensation") for the purposes
of this Amendment.
Rate Schedule
category of Employee
of Consultant
~
Hourly
Rate
Attorney
Attorney
Attorney
Attorney
Attorney
Attorney
Attorney
Land Use Analyst
Land Use Analyst
Law Clerk/Paralegal
Michael H. Remy
Tina A. Thomas
J. William Yeates
James G. Moose
Whitman F. Manley
Matthew R. Campbell
John H. Mattox .
Georganna Foondos
Kelley Taber
$195.00
$195.00
$195.00
$195.00
$150.00
$150.00
$150.00
$ 75.00
$.75.00
$ 50.00
Materials Senaratelv Paid For bv Annlicant
Cost or Rate
(X) Materials
Actual
3
/tJ-7
-.-"---.--- --.~-"---_. . ~..
(X)
(X)
(X)
(X)
(X)
(Xl
Reports
Copies
Travel
Printing
postage
Delivery
Long Distance Telephone Charges
Other Actual Identifiable Direct Costs
Actual
Actual
Actual
Actual
Actual
-Actual
Except as herein specifically provided, all other terms and
conditions not inconsistent herewith shall remain in full
force and effect as stated in the main Agreement.
Now, therefore, the parties hereto, having read and understood
the terms and conditions of this agreement, do hereby express their
consent to the terms hereof by setting their hand hereto on the
date set forth adjacent thereto.
Dated:
CITY OF CHULA VISTA
By:
Shirley Horton
Mayor
Attest:
Bruce M. Boogaar
city Attorney
Dated:
Consultant: REMY & THOMAS
By:
Tina A. Thomas
Dated:
Applicant: otay Ranch, L.P.
By:
Kim Kilkenny
Vice-President
C:\ag\re.y...d
4
/tJ-Y
Three Party Agreement
Between
City of Chula Vista,
Remy & Thomas and Otay Vista Associates
For Legal Consulting Services to be Rendered
with Regard to the Otay Ranch Project
1. Parries
This .-\greement is made as fJr the reference date set forth in Exhibit ..\, for
the purposes of reference only, and effective as of the date last executed by the
parties hereto. between the City of Chula Vista ("City") herein, a municipal
corporation of the State of California, the person designated on the Attached
Exhibit A as 'Consultant" ("Consuitant") whose business form and address is
indicated on the attached Exhibit A. and the person designated on the Attached
Exhibit A as "Applicant" ("Applicant") whose business form and address is
indicated on the attached Exhibit A. and is made with reference to the following
facts:
2. Recitals, Warranties and Representations.
, 1. Warranty of Ownership.
Applicant warrants that Applicant is the owner of land ("Property")
commonly known as, or generally located as, described on Exhibit A, Paragraph
1. or has an option or other entitlement to develop said Property.
,2. Applicant desires to develop the Property with the Project described on
Exhibit ..\, Paragraph 2. and in that regard, will soon make an application
("Application") with the City for approval of the plan, map, zone, or other
permits ("Entitlements") described on Exhibit A, Paragraph 3.
.3. In order for the City to process the future Application of Applicant,
Work of the general nature and type described in Exhibit A, Paragraph 4,
("Work") will need to be completed.
.-t. City does not presently have the "in.house" staff or resources to
process the application within the time frame requested for review by the
Applicant.
,5. This agreement proposes an arrangement by which Applicant shall
retain. and be liable for the costs of retaining, Consultant, who shall perform the
services required of Consultant by this Agreement solely to, and under the
direction of, the City.
~
/0-1
--
( 3. Agreement.
:\TOW, THEREFORE. IT IS ~IUTUALL Y AGREED TO ..H'W BETWEE:\T
THE CITY, CO).lSULTA.."IT, AND A.PPLlCA.."IT AS FOLLOWS;
.1. Emoiovment 01 Consuitant Iw .-\ooJicant.
Consultant is hereby engaged by :he Applicant. not the City, and at Applicants
sole cost and expense, to perfoIT.'l to, and for the primary benefit of, City, and
solely at City's direction. ail of the :;ervices described 0n the attached Exhibit A.
Paragraph 4, entitled "General ).lature of Consulting Services", ("Generai
Services"), and in the process 0f performing and delivering said Generai
Services, Consultant shall also perrorm to and for the benefit of City all of the
services described in E.xhibit A, Paragraph 5, entitled "Detailed Scope of Work".
("Detailed Services"), and all services reasonable necessary to accomplish said
General Services and Detailed Scope of Work. and shall deliver such documents
required ("Deliverables") herein. all within the time frames herein set forth, and
in particular as set forth in Exhibit d, Paragraph 6, and if none are set forth.
within a reasonable period of time for the diligent execution of Consultant's
duties hereunder. Time is of the essence of this covenant.
The Consultant does hereby agree co perform said General and Detailed Services
to and for the primary benefit or the City for the compensation herein fixed to
be paid by Applicant.
In delivering the General and Detailed Services hereunder. the Consultant shall
do so in a good. professional manner consistent with that level of care and skill
ordinarily exercised by members at the profession currently practicing under
similar conditions and in similar ;ocations. at its own cost and expense except
for the compensation and/or reimbursement, if any, herein promised, and shall
furnish all of the labor. technical, administrative, professional and other
personnel, all supplies and materials, machinery, equipment, printing, vehicles,
transportation, office space and facilities. calculations. and all other means
whatsoever, except as herein otherwise expressly specified to be furnished by the
City or Applicant. necessary or proper to perform and complete the work and
provide the Sen'ices required of the Consultant.
.2. Comoensation at Consuitant.
Applicant shall compensate Consultant for all services rendered by Consultant
without regard to the conclusions reached by the Consultant, and according to
the terms and conditions set forth in Exhibit C adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, by paying said amount to the City, within 15 days of Applicant's
billing, or in accordance with the security deposit provisions of Paragraph 3.3
and E.xhibit C. if checked. and upon receipt of such payment by the City, City
Jc:J.//!/
shall promptly, not later than 15 days, or in accordance with the Bill Processing
procedure in Exhibit C, if checked. pay said amount to the Consultant. City is
merely acting in the capacity as a conduit for payment, and shall not be liable
for the compensation unless it receives same from Applicant. Applicant shall not
make any pa~'II1ents of compensation or otherwise directly to the Consultant.
.1. Additional Work. If the Applicant, with the concurrence of City,
determines that additional senices ("Additional Services") are needed from
Consultant of the type Consultant is qualified to render or reasonably related to
the Sen'ices Consultant is otherwise required to provide by this Agreement, the
Consultant agrees to provide such additional services on a time and materials
basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate
fi.xed fee is otherwise agreed upon in writing for said Additional Work between
the parties.
.1. In the event that the City shall determine that additional
work is required to be performed above and beyond the scope of work
herein provided, City will consult with Applicant regarding the additional
work, and if thereupon the Applicant fails or refuses to arrange and pay
for said Additional Services. the City may, at its option, suspend any
further processing of Applicant's Application until the Applicant shall
deposit the City's estimate of the costs of the additional work which the
City determines is or may be required. Applicant shall pay any and all )
additional costs for the additional work.
.2. Reductions in Scope of Work.
City may independently, or upon request from Consultant, from
time to time reduce the Services to be performed by the Consultant under this
Agreement. Upon doing so, City and Consultant agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction in the
compensation associated with said reduction. Upon failure to agree, the Fixed
Fee may be unilaterally reduced by the City by the amount of time and
materials budgeted by Consultant for the Services deleted.
.3. Securitv for Pavrnent or Comoensation bv Aoolicant.
.1. Deposit. As 5ecurity for the payment of Consultant by
Applicant, Applicant shall. upon "xecution of this Agreement, deposit the amount
indicated on Exhibit C as "Deposit Amount" with the City, as trustee for
Consultant, the conditions. of such trust being as indicated on Exhibit C and as
hereinbelow set forth:
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.1 Other Terms or' Deposit Trust.
.1. City shall also be entitled to retain from saId
Deposit all costs incurrea by City lor which it is entitled to compensation by law
or under the terms of this agreement.
.:2. All interest earnea on the Deposit Amount. if am',
shall accrue to the benefit of. ana be used for, Trust purposes, City may, in li~u
of deposit into a separate bank account. ,eparately account for said deposit in
one or more of its vanous bank accounts. and upon doing so. shall
proportionately distribute to the Deposit Trust. the average interest earned
during the period on its general fund.
.3. Any unused balance of Deposit Amount, includin~
any unused interest earned. shail be returned to Applicant not later than 30
days after the termination of this Agreement and any claims resulting
therefrom.
A. Applicant shall be notified within 30 days after or'
the use of the Deposit in any manner. ~othing herein shall invalidate use or'
the Deposit in the manner herein authorized.
.5. At such time as City shall reasonably determine
that inadequate funds remain on Deposit to secure future compensation likely
due Consultant or City, City may make demand of Applicant to supplement said
Deposit Amount ilJ such amount as City shall reasonably specify, and upon
doing so, Applicant shall. within :30 days pays said amount ("Supplemental
Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall
be governed by the same terms vf trust governing the original Deposit.
.2. Withholding of Processing.
In addition to use vI the Deposit as security, in order to secure the
duty of Applicant to pay Consultant for Services rendered under this agreement,
City shall be entitled to withhold processing of Applicant's Application upon a
breach of Applicant's duty to compensate Consultant.
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4. ~on-Ser\"ice Related Duties of Consultant.
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.1. Insurance.
Consultant represents that it and its agents, staff and sub consultants
employed by it in connection with the Services required to be rendered. are
protected against the risk of loss by the following insurance coverages, in the
following categories. and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of "A. Class V" or better, or
shall meet with the approval of the City:
.1. Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the attached Exhibit A.
Paragraph 10.
.J Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph
10, combined single limit applied separately to each project away from premises
owned or rented by Consultant. which names City and Applicant as an
Additional Insured. and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees of the
City and Applicant in the same manner as members of the general public )'
("Cross-liability Coverage").
.3. Errors and Omissions insurance, in the amount set forth In
Exhibit A. Paragraph 10. unless Errors and Omissions coverage is included in
the General Liability policy.
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Proof of Insurance Coverag-e.
.1. Certificates of Insurance. Consultant shall demonstrate proof of
coverage herein required. prior to the commencement of services required under
this Agreement, by delivery of Certificates of Insurance demonstrating same, and
further indicating that the policies may not be canceled without at least thirty
(30) days written notice to the Additional Insured.
.J Policy Endorsements Required. In order to demonstrate the
Additional Insured Coverage. Primary Coverage and Cross-liability Coverage
required under Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City and Applicant
demonstrating same.
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.3. Public Statements.
All public statements and releases to the news media shall be the responsibility
of the City and the Applicant. The Consultant shall not publish or release news
items. articles or present lectures on the Project. either during the course of the
studv or after its completion. except on written concurrence of the Citv and
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Applicant.
.4. Communication::o Appiicant._
Consultant shall not communicate directly to the Applicant except in the
presence of the City, or by writing an exact copy of which is simultaneousl\'
provided to City, except with the express consent of City. The Consultant ma;'
request such meetings with the Applicant to ensure the adequacy of services
performed by Consultant.
o. Non-Compensation Duties of the Applicant.
.1. Documents Access.
The Applicant shall provide to the. Consultant. through the City, for the use by
the Consultant and City, such documents. or copies of such documents requested
by Applicant, within the possession of Applicant reasonably useful to the
Consultant in performing the ser.ices herein required of Consultant, including
but not limited to those described in Exhibit A, Paragraph 7.
.2. Propertv Access.
The Applicant hereby grants permission to the City and Consultant to enter and
access the Property, to take any borings. make any tests, conduct any surveys or
reconnaissance necessary to deliver the Services of Consultant, subject to the
approval of the .-\pplicant. Consultant shall promptly repair any damage to the
subject property occasioned by such entry and shall indemnify, defend, and hold
Applicant harmless from all loss. cost, damage, expenses, claims, and liabilities
in connection with or arising from any such entry and access.
.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the
presence of the City, or by writing an exact copy of which is simultaneously
provided to City, except with the express consent of City. The Applicant may
request such meetings as they desire with the Consultant to ensure the
adequacy of services performed by Consultant.
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6.
Administrative Reoresentatives.
)
Each party designates the individuals ("Administrators") indicated in Exhibit A.
Paragraph 8, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this agreement.
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I.
Cont1icts or Interest
.1. Consultant is Desirnated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political
Reform Act conr1ict of interest and disclosure provisions, and shall report his
economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 9 of Exhibit
A. or if none are specified. then as determined by the City Attorney.
.2. Decline to Particioate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
shall not make. or participate in making or in any way attempt to use
Consultant's position to influence a governmental decision in which Consultant
knows or has reason to know Consultant has a financial interest other than the
compensation promised by this Agreement.
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.3. Search to Determine Economic [nterests.
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 cont1ict with Consultant's duties under
this agreement.
.4. Promise Not to Acquire Cont1ictinl!" 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 cont1ict of interest as prohibited by the Fair Political Practices Act.
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.J. Dutv to Advise of Conllininlr 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 contlict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
.6. Soecific Warranties Azainst 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 the
property which is the subject matter of the Project, or in any property within 10
radial miles from the exterior boundaries of the property which is the subject
matter of the Project, or ("Prohibited Interest").
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 by Applicant or by any other
party as a result of Consultant's performance of this Agreement. Consultant
promises to advise City of any such promise that may be made during the Term
of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement. or for 12 months after
the expiration of this Agreement.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party which may be in conflict with Consultant's
responsibilities under this Agreement.
8. Default or the Consultant for Breach.
This agreement may be terminated by the CITY for default if the Consultant
breaches this agreement or if the Consultant refuses or fails to pursue the work
under this agreement or any phase or the work with such diligence which would
assure its completion ,vithin a reasonable period of time. Termination of this
agreement because of a default of the Consultant shall not relieve the
Consultant from liability of such default.
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9.
Citv's Rilrht to Terminate PaYment for Convenience. Documents.
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.1. :'-l'otwithstanding any other section or provision of this agreement.
the CITY shall have the absolute right at any time to terminate this agreement
or any work to be performed pursuant to this agreement.
.2. In the event of termination of this agreement by the CITY in the
absence of default of the Consultant. the City shall pay the Consultant for the
reasonable value of the services actually performed by the Consultant up to the
date of such termination. less the aggregate of all sums previously paid to the
Consultant for services performed after execution of this agreement and prior to
its termination.
.3. The Consultant hereby expressly waives any and all claims for
damage or compensation arising under this agreement. except as set forth
herein. in the event of such termination.
.4. In the event of termination of this agreement. and upon demand of
the City, the Consultant shall deliver to the City, all field notes. surveys.
studies. reports. plans. drawings and all other materials and documents
prepared by the Consultant in performance of this agreement, and all such
documents and materials shall be the property of the City; provided however,
that the Consultant may retain copies for their own use and the City shall )
provide a copy, at Applicant's cost. of all such documents to the Applicant.
.5. Applicant shall have no right to terminate Consultant, and shall not
exercise any control or direction over Applicant's work.
10. Administrative Claims Reauirement and Procedures
No suit shall be brought arising out of this agreement. against the City, unless a
claim has first been presented in writing and filed with the City of Chula Vista
and acted upon by the City of Chula Vista in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code. the provisions of which
are incorporated by this reference as if set fully set forth herein.
11. Hold Harmless and Indemnification
.1. Consultant to Indemnifv City and Aoolicant re Injuries.
Consultant shall defend. indemnify, protect and hold harmless the City, its
elected and appointed officers and employees and Applicant 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
employees. subcontractors, or others of City or Applicant in connection with the
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execution of the work covered by this Agreement. except only for those claims
arising from the sole negligence or sole willful misconduct of the City, its
officers. or employees. or Applicant, Consultant's indemnification shall include
any and all coStS, expenses, attorneys' fees and liability incurred by the City, its
officers. agents. or employees or Applicant in defending against such claims.
whether the same proceed to judgment or not. Further, Consultant at its own
expense shall, upon written request by the City or Applicant, defend any such
suit or action brought against the City, its officers. agents, or employees or
Applicant. Consultants' indemnification of City and Applicant shall not be
limited by any prior or subsequent declaration by the Consultant.
.2. Applicant to Indemnifv Citv re Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and
from any and all claims. losses. damages. expenses or expenditures of City.
including its elected officials, officers, employees, agents. or representatives of
the City ("City Indemnitees"), in any way resulting from or arising out of the
refusal to pay compensation as demanded by Consultant for the performance of
services required by this Agreement.
12. Business Licenses
Applicant agrees to obtain a business license from the City and to otherwise
comply with Chula Vista Municipal Code. Title 5. Applicant further agrees to
require Consultant to obtain such business license and to comply with Chula
Vista Municipal Code, Title 5.
13. Miscellaneous.
13.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor
Applicant shall have authority to act as City's agent to bind City to any
contractual agreements whatsoever.
13.2. Notices.
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be
sent to any party shall be deemed to have been properly given or served if
personally served or deposited in the United States mail, addressed to such
party, postage prepaid, registered or certified, with return receipt requested, at
the addresses identified for the parties in Exhibit A.
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13.3. Entitlement to Subseauent :\Iotices.
)
~o notice to or demand on the parties for notice of an event not herein legally
required to be given shall in itself create the right in the parties to any other or
further notice or demand in the same. similar or other circumstances.
13.4. Entire Acreement.
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.
13.5. Caoacitv 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; that all resolutions or other actions have been taken
so as to enable it to enter into this Agreement.
13.6. Governinl! LawlVenue.
)
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.
13.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective
unless the same shall be in writing and signed by the parties hereto, and then
shall be valid only in the specific instance and for the purpose for which given.
13.8. Counteroarts.
This Agreement may be executed in more than one counterpart, each of which
shall be deemed to be an original but all of which. when taken together shall
constitute but one instrument.
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13.9. Severabilitv.
In the event that any provision of this Agreement shall for any reason. be
determined to be invalid. illegai. or unenforceable in any respect, the parties
hereto shall negotiate in good faith and agree to such amendments.
modifications. or supplements to :his Agreement or such other appropriate action
as shail, to the maximum extent practicabie in light of such determination.
implement and give effect to the intentions or" the parties as reflected herein.
13.10. Headinl<s.
The captions and headings in this Agreement are for convenience only al1d shall
not define or limit the provisions ~ereof.
13.11. Waiver.
No course of dealing or failure 0r delay, nor the single failure or delay, or the
partial exercise of any right. power or privilege. on the part of the parties shall
operate as a waiver of any rights herein contained. The making or the
acceptance of a payment by either party with knowledge of the existence of a
breach shall not operate or be construed to operate as a waiver of any such
breach.
13.12. Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive
of any rights or remedies which the parties might otherwise have unless this
Agreement provides to the contrary.
13.13. :-:To Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have
an affect upon persons not parties hereto. the parties specifically intend no
benefit therefrom. and agree that no performance hereunder may be enforced by
any person not a party to this agreement. :-:Totwithstanding the foregoing, this is
a three party agreement and the City is an express third party beneficiary of the
promises of Consultant to provide services paid for by Applicant.
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Signature Page
~ow therefore. the parties hereto. having read and understood the terms and
conditions of this agreement. do hereby express their consent to the terms hereof
by setting their hand hereto on the date set forth adjacent thereto.
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City of Chula Vista
by., ,;---. 4h.A-
Tim Nader
Mayor
Dated:
.
Attest:
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,
BeverlytAuthelet
City Clerk
Approved as to Form:
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Bruce M. Boogaard
City Attorney
Dated:
Consultant: Remy & Thomas
by:
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Tina A. Thomas
.,
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Dated:
Applicant: Otay Vista Associates
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Exhibit A
Reference Date of Agreement:Juh' 19. 1994
Effective Date of Agreement: .Juh' 19. 1994
City of Chula Vista. 276 Fourth Avenue, Chula Vista. CA 91910
Consultant: Remy and Thomas. Inc.. Attorneys at Law
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X ) Corporation
Address: 629 .J Street. 4th Floor
Sacramento. CA 95814
Applicant: Otay Vista Associates.
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 11975 EI Camino Real, Suite 200
San Diego, CA 92130
1. Property (Commonly known address or General Description):
The approximately 23,000 acre Otay Ranch property is situated on
unincorporated land comprising seven separate parcels in southwestern San
Diego County, 3.5 miles east of downtown Chula Vista and 13 miles southeast of
downtown San Diego. Otay Ranch lies between the eastern edge of the City of
Chula Vista and the western edge of the unincorporated community of Dulzura.
The combined properties span a distance of approximately 12 miles from east to
west and 8.5 miles from north to south.
Otay Ranch is grouped geographically to form three. distinct parcels known as
the Otay Valley Parcel. San Ysidro Mountains Parcel and the Proctor Valley
Parcel.
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:2. Project Description ("Project"):
)
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The proposed project is a City or Chula Vista initiated proposal to amend its
Sphere of Influence boundaries to incorporate selected portions of the approved
Otay Ranch GDP/SRP, as well as a limited number of additional parcels outside
the Otay Ranch ownership. As part of the Sphere of Influence Update Study, the
City will undertake general housekeeping efforts to ensure that the Sphere and
General Plan boundaries are coterminous. General Plan Amendments will be
processed for parcels within the Resort Parcel, including approximately five
parcels associated with the Lower Otay Reservoir totaling 22 acres and a 20-acre
parcel known as the Sanerla Property.
Future discretionary actions anticipated include applications to LAFCO for
annexations, detachments. district formations, and dissolutions within the
Sphere Area, which wiII be analyzed in a separate, future environmental
document(s).
3. Discretionary Approvals applied for include:
Amendments to the Chula Vista Sphere of Influence;
Amendments to the Chula Vista General Plan;
Future annexation, detachment, district formation and dissolutions; and
Sectional Planning Area (SPA) Plan.
)
4. General Nature of Consulting Services ("Services--General"):
Legal Consultation on SPA Plans and Sphere of Influence Update Study and
associated environmental documents and to provide City Staff with guidance of
all documents to assure compliance \vith California State law including CEQA
calculated to avoid litigation predicated on alleged deficiencies in the
Environmental documents or their processing.
5. Detailed Scope of Work l"Detailed Services"):
Provide legal consultation to the City of Chula Vista on the preparation and
processing of Sectional Planning Area (SPA)Plans, Sphere of Influence Update
Study and all supporting environmental documents to assure compliance with
CEQA and other State laws calculated to avoid litigation predicated on alleged
deficiencies in the environmental documents or improper processing of the
documents.
)
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Eahibd A
Pep':
C 6. Schedule, Milestone. Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
(Xl Same as Effective Date of Agreement
i. Documents to be provided by Applicant to Consultant:
( ) site plans () grading plans ( ) architectural elevations ( ) project
description.
(X) other:
SPA Plan, Sphere of Influence Study, EIR's
8. Contract Administrators.
City: Gerald J. Jamriska. A.I.C.P. Special Planning Projects Manager
Applicant: Kim J. Kilkenny, Vice-President
Consultant: Tina Thomas. Attorney
9. Statement of Economic Interests, Consultant Reporting Categories, per
Conflict of Interest Code:
(X) Not Applicable. Not an 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.
Investments in business entities and sources of
income of the type which, within the past
two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to
provide services, supplies, materials,
machinerv or equipment.
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.July I. 1:1'J4
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Ezhibi& A
Plipa
() Category :'-lo. 6.
Investments in business entities and sources of
income of the type which, within the past
two years, have contracted with the
designated employee's department to
provide services, supplies, materials,
machinery or equipment.
)
() Category :'-lo. 7. Business positions.
10. Insurance Requirements:
( X) Statutory Worker's Compensation Insurance
( X) Employer's Liability Insurance coverage: $1,000,000.
( X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: :'-lone Required (included in
Commercial General Liability coverage).
) Errors and Omissions insurance: S250,000 (not included in
Commercial General Liability coverage).
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Exhibit A
P.p4
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Exhibit B
Additional Recitals
WHEREAS. the Applicant has deposited an initial sum for the processing
of Sectional Planning Area Amendments. Sphere of Influence Amendments.
requests for proposals. draft and final ErR's. and all other necessary
environmental documents. and
WHEREAS, the City of Chula Vista is undertaking an update to its
Sphere of Influence and has determined that the project meets the California
Environmental Quality Act (CEQAl definition of a project pursuant to Section
21065 of the Public Resources Code: and
WHEREAS. in order to comply with CEQA. an Environmental Impact
Report will be required to be prepared to analyze the projects potential impact to
the environment; and,
WHEREAS, the majority of the project area encompasses the Otay Ranch
General Development Plarv'Subregional Plan area owned by Otay Vista
Associates, L.P. (Applicant which will be the primary beneficiary of the City"s
Study); and,
WHEREAS, the City does not presently have the "in-house" expertise In
the specialized field of environmental law; and.
WHEREAS. this three-party agreement has been drafted in compliance
with Chula Vista Municipal Code Section 2.56.220 et seq. relating to purchases
of consulting services.
RA.T.S.OOC
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Ezhibit 8
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Exhibit C
)
Compensation Schedule and Deposit: Terms and Conditions.
( ) Single Fixed Fee Arrangement
For performance of all of the General and Detailed Services of Consultant as
herein required. Applicant shall pay a single fixed fee in the amounts and at the
times or milestones set forth below:
( ) Single Fixed Fee Amount: S
Milestone or Event
Amount or Percent
of Fixed Fee
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General and Detailed
Services of Consultant as are separately identified in Exhibit C, under the
category labeled "Phased Fixed Fee Arrangement", Applicant shall pay the flXed
fee associated with each phase of Services, in the amounts and at the times or
milestones set forth hereinbelow ("Phase Fixed Fee Arrangement"). Consultant )
shall not commence Services under any Phase, and shall not be entitled to the
compensation for a Phase, unless Applicant shall have issued a notice to proceed
to Consultant as to said Phase.
(X ) Time and Materials
For performance of the General and Detailed Services of Consultant as herein
required. Applicant shall pay Consultant for the productive hours of time and
material spent by Consultant in the performance of said Services, at the rates or
amounts set forth herein below according to the following terms and conditions:
( X) :;..rot-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 General and Detailed Services herein required of Consultant
for:5 25.000.00 including all Materials, and other "reimbursables" ("Maximum
Compensation").
)
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Exhibit C
P.~ 1
Deposit
( ) Deposit Amount: S
( ) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if
this paragraph is "checked", upon City's receipt of billing by Consultant, and
determination by City in good faith that Consultant's billing is proper, a
judgment for which Applicant agrees to hold City harmless and waive any claim
against City, City shall pay Consultant's billing from the amount of the Deposit.
If Applicant shall protest the propriety of a billing to City in advance of
payment, City shall consider Applicant's protest and any evidence submitted
prior to the due date for the payment of said bill by Applicant in making its
good faith determination of propriety.
( ) Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to
compensation which shall remain unpaid by Applicant 30 days after billing, City
may, at its option, use the Deposit to pay said billing.
,
( X) Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( X ) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( X ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number: 241.5201
')
r."C,doI:
"'uyl,l::l'l4
/tJ-2rr
EdUbi&C
p... .
(
( ) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal to
$25.000.00 ("Authorization Limit"), Consultant shall not be entitled to any
additional compensation without further authorization issued in writing and
approved by the City Council. :.lothing herein shall preclude Consultant from
providing additional Services at Consultant's own cost and expense.
Rate Schedule
Category of Employee
of Consultant
Name
Hourly
Rate
Attorney
Attorney
Attorney
Attorney
Attorney
Attorney
Attorney
Land Use Analyst
Land Use Analyst
Law Clerwparalegal
Michael H. Remy
Tina A. Thomas
J. William Yeates
James G. Moose
Whitman F. Manley
Matthew R. Campbell .
John H. Mattox
Georganna Foondos
Kelley Taber
$195.00
$195.00
$195.00
$195.00
$150.00
$150.00
$150.00
$ 75.00
$ 75.00
$ 50.00
( ) Hourly rates may increase by 6% for services rendered after January, 1995,
if delay in providing services is caused by City or Applicant.
Materials Seoaratelv Paid For bv Applicant
Cost or Rate
( X ) Materials
Reports
Copies
( X ) Travel
( X ) Printing
( X ) Postage
( X ) Delivery
( X ) Long Distance Telephone Charges
( X ) Other Actual Identifiable Direct Costs
Actual
Actual
Actual
Actual
Actual
Actual
Actual
rld-e.doc
.July 1. 1994
/ () ~ ..27
Ezhibil C
P... :l
COUNCIL AGENDA STATEMENT
Item / /
Meeting Date 5/16/95
SUBMITTED BY:
Report: Status of Negotiations Regarding Rancho del Rey Sectional
Planning Area (SPA) III Tentative Map Condition for Fire Station
Relocation
" ~{/
Deputy c;e'ty, nager Krempl(P,
Fire Chi
Director Planning ~
City Manager (4/5ths Vote: Yes_No-.Xj
ITEM TITLE:
REVIEWED BY:
Rancho del Rey Investors (Developer) is in the process of submitting its first final map for
the Rancho del Rey SPA III project. Before this map can be considered by the City
Council, the Developer must meet certain conditions that were placed on the project when
the tentative map was approved. Condition 53.5 of the tentative map requires the City and
Developer to enter into a development agreement for the relocation of Fire Station 4 to
Rancho del Rey from its current location on Otay Lakes Road across from Southwestern
College. City staff and representatives of the Developer have been meeting since August
1994 but have not yet reached agreement. The Developer sent a letter to the Council dated
April 19, 1995 (attached as Attachment "A") requesting that this matter be considered by
the Council, in order to reach resolution of the issues.
RECOMMENDATION: That the City Council:
1. Reaffirm the fire condition of the SPA III tentative map, known as Condition 53.5;
2. Reaffirm that the City and Developer should enter into a development agreement,
that includes advancement of funds for the fire station relocation and fire training
classroom;
3. Agree that, as part of the development agreement, the Developer should provide
non-reimbursable consideration in exchange for having received expedited
processing of a Coastal Sage Scruh (CSS) "take" permit under Section 4( d) of the
Endangered Species Act (4( d) permit);
4. Agree that the Developer should only receive Fire Public Facilities Development
Impact Fee (PFDIF) credit or reimbursement for the PFDIF share of the station and
classroom, and;
5. Direct staff to meet with the Developer to reach agreement on the terms of the
development agreement and return to Council by May 23, 1995 for consideration of
said terms.
J/~ /
Page 2, Item / /
Meeting Date 5/16/95
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In conjunction with its approval of a tentative map for Rancho del Rey SPA III, the City
Council included a condition No. 53.5, which reads as follows:
"Developer and City shall, prior to recording of the first final map including all or
any portion of the territory of the tentative map, have entered into a Development
Agreement which shall include, but shall not be limited to, a promise satisfactory to
the City requiring the developer to advance the entire cost of relocating, or at City's
option, to build and relocate, Fire Station No.4 to a site satisfactory to the City, in
exchange for which developer shall be granted certainty of entitlement, or such other
mutually agreeable consideration."
Since August of 1994, City staff and the Developer have been negotiating the terms of a
development agreement which would meet the requirements of Condition 53.5 of the
tentative map. However, City staff and the Developer have reached an impasse in these
negotiations, and the Developer has now requested that the City Council review the intent
of Condition 53.5 and clarify if the intent was to have the Developer only advance funds
for construction of the fire station, and provide input to staff and the Developer regarding
acceptable terms of a development agreement which would meet the requirements of this
condition, and would allow the Developer to record final maps and begin development of
this project.
A summary of the issues is as follows:
*
Disagreement about advancing funds for construction of a fire training
classroom.
*
Disagreement about non-reimbursable financial consideration for certainty of
entitlement granted by expedited processing of a 4( d) permit.
*
Disagreement about the form of credit for the advancement of funds.
The following report provides background regarding the fire facility requirements for this
project, including a description of the City's overall basis in its General Plan and Fire
Station Master Plan for requiring the relocation of Fire Station No.4 by the Developer;
describes the current status of negotiations between City staff and the Developer regarding
a development agreement which would comply with Condition 53.5 of the tentative map;
and provides specific recommendations regarding resolution of these unresolved issues
pertaining to this agreement.
//-.2
Page 3, Item / /
Meeting Date 5/16/95
I. BACKGROUND
A. City's General Plan and Fire Station Master Plan
The Safety Element of the City's General Plan, which was updated and readopted in 1989,
calls for distributing fire stations so as to meet service levels established in the City's
growth management "threshold standards." Among the "threshold standards," which were
adopted by the City Council in 1987, is a performance standard for fire and emergency
medical services, which sets forth specific response time requirements. The Safety Element
also sets forth policies regarding the specific siting of fire stations, which is to be
determined on the basis of land use patterns, residential density, building intensity, street
patterns and traffic volumes.
At about the same time as the General Plan Update was being completed, staff also
completed a review of the long term fire coverage needs of the City, and prepared the Fire
Station Master Plan, which was also adopted by the City Council in 1989. The Fire Station
Master Plan serves as a more specific planning guide to implement the fire safety policies
of the General Plan and growth management thresholds for fire service, designating specific
locations for constructing new fire stations and relocating existing stations in order to
provide adequate coverage to all areas of the City at full build-out.
Central to the design of the Fire Station Master Plan was the relocation of Station 4 to the
Rancho del Rey project, as depicted in Attachment "B". The current Fire Station 4, located
on Otay Lakes Road across from Southwestern College, was constructed in 1965, and
houses a single engine company. At the time Station 4 was built, its area of responsibility
included the sparsely populated territories east of I-80S. According to the Master Plan,
relocation of Fire Station No.4 to the Rancho del Rey project would accomplish several
things:
.. Position Station 4 strategically in its service area, thereby minimizing response times
to all addresses;
.. Locate the station closer to the commercial uses in Rancho del Rey - which at that
time was anticipated to be a major auto sales park, but which now is the "Power
Center", generating a significantly greater potential for calls for service than the auto
park would have generated; and
.. Provide a station capable of accommodating the newer, larger dimension apparatus
(Telesqurt and the Aerial Ladder Truck) as operational needs east of I-80S dictate.
The Master Plan suggested that Fire Station 4 be located to the Rancho del Rey project in
FY 1992/93, based on anticipated development. Balancing this move, a new fire station
was to be constructed to serve the developing area east of the current Fire Station 4.
However, because of uncertainty in the actual timing of development in this area, an
Interim Fire Station 6 was situated in the Eastlake Business Park in 1993. Future
//- .J
Page 4, Item / /
Meeting Date 5/16/95
development will dictate the site and timing of the construction of permanent Fire Station 6.
Moving Station 4 at this time will provide better service area coverage and improved siting
from both the Interim Fire Station 6 and the permanent Station 6.
B. Requirements and Conditions of Rancho del Rey Project
In order to ensure compliance with the City's General Plan and the Fire Station Master
Plan, the Sectional Planning Area (SPA) Plans for Rancho del Rey designated a specific
site for relocation of Fire Station No.4. At the time that the tentative map for SPA III was
brought forward to the City Council in 1991, it had been determined that this facility would
be needed prior to completion of the development of SPA III, and that reliance on Public
Facility Development Impact Fees alone would not allow for construction of the facility
within the timefrarnes required under the Fire Station Master Plan.! Therefore, Condition
53.5 was added to the conditions of the Tentative Map for SPA III, requiring that, at a
minimum, the Developer either advance the entire cost of relocating Fire Station No.4, or,
at the City's discretion, build the facility In this regard, it is staff s opinion that:
1) this condition was reasonably imposed by the City in order for the project to be
found in conformance with the City's General Plan and Fire Station Master Plan;
and
2) non-compliance with this condition could result in the project being out of
conformance with the General Plan, and therefore not in compliance with the
required findings for approval of a tentative map.
ll. NEGOTIATIONS BETWEEN THE CITY AND THE DEVELOPER
City staff from the City Manager's office, Fire Department and Planning Department began
meeting with representatives of the Developer in early August 1994 to review the
requirements of Condition 53.5 and work out details of a development agreement that
would meet this condition. We continued to meet approximately every other week through
October 1994 to discuss the terms and exchange proposals in an effort to reach agreement,
exchanged proposals by mail in November 1994 and met periodically in January through
lThe fire issue was discussed by the City Council at the July 9, 1991 meeting. The condition of approval
was subsequently drafted by staff and approved by Council at the July 30 meeting. Attached as Attachment
"C" are the verbatim minutes of the July 9 meeting, along with the minutes of the July 30, 1991 meeting.
The fire issue was not discussed any further at the July 30 meeting; it was simply included in the approved
Resolution as stated above. There was no comment from the Developer on the condition at the July 30
meeti1i.g.
//- i
Page 5, Item / /
Meeting Date 5/16/95
March 19952 As a result of negotiations between the City and the Developer, the
following issues have been identified.
A. Advancing Funds for the Relocation of Fire Station 4
At the outset of discussions with the Developer last fall, a 6,000 square-foot, 3-bay, 2-
company facility was being contemplated which would be large enough to eventually house
a ladder truck, an engine company, and a reserve engine (living quarters for a total of eight
personnel).' Taking into account, however, current fiscal constraints associated with (1)
the purchase of a second ladder truck, (2) staffing, (3) funds available to construct the
overall facility, and (4) an acceptable reimbursement schedule for the developer, it was
suggested to the Developer that the City may be best served to design and build a single-
company facility which would accommodate expansion to a 2-company- facility when
needed - and to minimize that expansion cost. Specifically, it was proposed to build a
5,400 square-foot facility providing dormitories for 4 personnel and only 2 apparatus bays,
but designed with the kitchen, restrooms, and readyroom able to accommodate 8 people. If,
at some point in the future, more certainty exists in the need for a larger facility, the
additional dormitory and apparatus bay areas would be expanded.
While the Fire Department maintains that the Rancho del Rey complex may be well-suited
for siting both a ladder company and an engine company in the future, it was proposed to
the Developer that a further reduction in the size and scope of the project could facilitate
agreement by decreasing upfront costs to the Developer and thereby accelerating the
reimbursement process. The (current) proposal involves constructing a 4,000 square-foot,
single company, 2-bay station. Under this proposal, should future station expansion be
required, it would come at a greater cost and complexity than the expandable station
proposal, or the 6,000 square foot design.
'Sid Morris, the Assistant City Manager, negotiated for the City through December 1994. On the advice
of the City Attorney, Mr. Morris withdrew from negotiations due to a possible conflict of interest. At that
point, in January 1995, George Krempl, Deputy City Manager, took over negotiating for the City.
'Future growth in the City and in service demand will require a second ladder (trnck) company to be
situated east of 1-805. Current planning with respect to the Bayfront, Salt Creek Ranch, Rancho San Miguel,
Otay Ranch, and SR 125, as well as planning of fire facilities by the City of San Diego in the South Bay,
bring into question where ladder companies could be best located. Although there is insufficient hard data
available at this time to indicate when another ladder company will be operationally dictated, the Fire
Department feels that the proposed Station 4 site could be the most suitable location.
Ladder companies are specialized apparatus that work in tandem with fire engines, typically servicing a
population base of approximately 75,000 people. At present, the Mid-Bayfront development plans include the
purchase of a second ladder trnck.
//~5
Page 6, Item J /
Meeting Date 5/16/95
The estimated cost of this 4,000 square foot fire station is $598,600. The City and
Developer are in agreement as to the size of the station and the estimated cost.
B. Advancing Funds for the Construction of the Fire Training Classroom
In addition to advancing funds for the relocation of the fire station, City staff was seeking
to have the Developer advance funds for construction of a fire training classroom at the
Rancho del Rey site, since the tentative map condition stated that the development
agreement was not limited to the fire station relocation.
One of the recommendations of the Fire Station Master Plan is to maximize operational
efficiencies with co-location of training facilities east of I-80S. Currently, there is no
training facility in the City where multiple company fire ground and rescue training can be
accomplished for the 87 City fire personnel. Relocation and upgrading of the training
tower from Fire Station 2 in 1992 was the first step in meeting the City's fire training
needs, and is used regularly for operational training. There is a clear need for some fire
training to occur in a classroom environment that can then be immediately supplemented by
practical experience at a fire station and training tower. Fire suppression personnel have
already designed the layout of a 1,620 square foot training classroom. The next step then is
plan design and construction of this classroom facility. The estimated cost of the 1,620
square foot training classroom is $205,300.
Given the importance of the training facility to the City and cost efficiencies associated
with building the fire station and classroom at one time, staff felt it was appropriate to
discuss advance funding for the construction of the fire training classroom. The Developer
does not agree with staff that it is appropriate for the Developer to advance funding for the
training classroom.
'"
C. Requirement for a Development Agreement and Consideration for Expedited
Development Processing of the 4(d) Permit
In discussions between City staff and the Developer regarding Condition 53.5, it was
recognized by all parties that the condition provided a broad framework for negotiation of a
development agreement, which would at a minimum address the requirements pertaining to
relocation of Fire Station No.4, but could also contain other points of agreement, including
"certainty of entitlements" to the Developer. In this context, during the negotiations
regarding a proposed development agreement, City staff pointed out that the City's efforts
to provide expeditious processing of an interim loss permit for Coastal Sage Scrub habitat,
as requested by the Developer, could be deemed as mutually agreeable consideration to the
Developer, and given a value in the development agreement.
As background to this issue, in March, 1993 the Federal Department of the Interior listed
the California Gnatcatcher as a threatened species, and adopted a special rule under Section
4( d) of the Endangered Species Act which establishes specific regulations regarding the
taking of Coastal Sage Scrub (CSS), the habitat of the Gnatcatcher. This Special Rule
J/~?
Page 7, Item 1/
Meeting Date 5/16/95
allows local jurisdictions to grant CSS "take" permits if certain findings can be made. The
"4( d) rule" is intended to provide an alternative for applicants who choose not to go directly
through the U.S. Fish and Wildlife Service (USFWS) for a Section 10(a) permit. The City
Council adopted an emergency ordinance in August 1994 to implement a 4(d) Take Permit
Process for the City, thus allowing the City to issue CSS take permits at the local level.
The "4(d) rule" allows local jurisdictions to approve "incidental take" of CSS habitat, up to
a cumulative 5 percent loss of CSS within the region, during the period of time that
subregions of southern California are preparing conservation plans consistent with the
State's Natural Communities Conservation Planning (NCCP) program. Individual project
CSS loss is only permitted if a mitigation plan is approved.
The City acted expeditiously in the preparation and adoption of the "4( d) rule" interim loss
permit ordinance, and subsequent issuance of an interim loss permit for the Rancho del Rey
project. It was recognized that if the City had not adopted its ordinance and issued the
permit in an expeditious manner, and the Developer had been required to obtain a 10(a)
permit from the U. S. Fish and Wildlife Service through its normal process, the grading and
development of the proiect could have been delaved for at least a vear4 Therefore, City
staff proposed, and it was our clear understanding that the Developer agreed, that the result
of the City's actions with regard to expedited processing of the interim loss permit
ordinance and subsequent interim loss permit would in fact lead to greater "certainty of
entitlement", as contemplated by Condition 53.5 of the tentative map, and would be given
consideration by the Developer in complying with this condition. Correspondence between
the Developer and City staff confirm the Developer's position that a non-reimbursable
fmancial consideration would be provided in the amount of $200,000 (see Attachment G).
However, the Developer later withdrew this offer and is no longer willing to provide
financial consideration.
The City had originally sought $500,000 as financial consideration,5 but reduced this
amount to $300,000 and eventually to $240,000 to show movement in an attempt to reach
agreement with the Developer. The City intended to use this financial consideration toward
the purchase of a replacement fire engine.
D. Determining the Amount and Form of Credit the Developer Would Receive for
an Advance of Funds
The tentative map condition did not reference any credit being given the Developer in
exchange for advancing funds for the station. The condition stated only that the Developer
would be granted certainty of entitlement, or other mutually agreeable consideration.
4The Developer wanted to begin grading within the non-nesting "biological window" for the gnatcatcher
(September I through February 15).
'For example, Kaiser Hospital paid $1.2 million as consideration for its development agreement.
/1- ?
Page 8, Item /!
Meeting Date 5/16/95
However, from the beginning, City staff intended to give the Developer credit from the Fire
component of the Public Facilities Development Impact Fee (PFDIP) for the remaining
units of SPAs I, II and III in consideration for advancing these funds. As the Developer
has stated, this station and fire training classroom serve more than just the Rancho del Rey
community and therefore these facilities should not necessarily be Rancho del Rey's sole
responsibility. In fact, the City has offered to contribute existing Fire DIP funds in the
amount of $319,286 toward this project, plus Fire DIP monies of $180,000 to be
collected in the future from other developers:
The City has offered to give the Developer Fire DIF credit while the Developer is seeking
credit against the entire Public Facilities DIP 7
E. Timing of Fund Advances and Payment of Non-Reimbursable Consideration
The City originally asked that the advance funding of the station and training classroom be
made by January I, 1996, and payment of non-reimbursable consideration in the amount of
$240,000 be made by January 1, 1997. The Developer has asked that advance funding for
the station be provided when construction is about to commence, not before January 1,
1996. The City concurs with the Developer's request regarding the advance funding for the
fire station.
III. STAFF ANALYSIS AND RECOMMENDATIONS
A. City and Developer Proposals
To summarize, the City staff and Developer positions are the following, listed as Tables I
and 2 on the next page:
'By way of background, the City Council fIrst adopted the PFDIF in August 1989, to fund those public
facilities and equipment required to support future development within the City's general planning area. One
of the components of the PFDlF is Fire Suppression System Expansion, which includes the relocation of Fire
Station 4 and construction of the fIre training classroom, among other projects.
'For information, the City entered into a development agreement with Eastlake Development regarding the
construction of interim Fire Station #6. Eastlake is only receiving Fire DlF credit for building the interim
station. Therefore, in staff's view, a precedent has been set. To be consistent, Rancho del Rey Investors
should receive similar credit.
//-~
Page 9, Item / I
Meeting Date 5/16/95
TABLE I: CITY STAFF POSITION
What the City is Requesting What the City Will Give Developer
Advance funding of $484,614 for the Credit of $469,614 from Fire DIP credits
station and classroom on 1/1/96 and of Rancho del Rey remaining units and
deposit of $225,000 on 1/1/97, for City annual payments starting in July 1996
purchase of fire engine through July 1999 from the Fire DIP
$240,000 of this $709,614 advance is non- Certainty of entitlements
reimbursable consideration for expedited
processing of 4( d) permit and development
agreement
City will contribute $319,286 from Fire Not applicable
DIP for construction of station and
classroom
TABLE 2: CURRENT DEVELOPER POSITION
What the Developer Will Provide What the Developer Wants to Receive
Advance funding of $598,000 for the fire Full credit of $598,000 from Public
station upon commencement of Facilities DIP credits of SPA III
construction, not before 1/1/96
A development agreement Certainty of entitlement
In terms of a chronology of the negotiations, Attachment "D" highlights the key City and
Developer proposals made in January through April 1995. It should be noted that the
Develooer's orooosal of F ebruarv L 1995 showed substantial agreement with the Citv's
January orooosal. The Developer had agreed to $200,000 as nonreimbursable
consideration for the expedited processing of the 4( d) permit and had agreed to front
some of the cost of the fire station and fire training c1assroom.8 The only areas where
there was disagreement was over additional non-reimbursable consideration for a
development agreement and additional PFDIF credit above and beyond the Fire DIP credit.
As previously illustrated, with the redesign and downsizing of the fire station, and
subsequent proposals to streamline the reimbursement schedule, the City showed a great
deal of movement in an effort to come to an agreement with the Developer. At that point,
City staff believed that consensus with the Developer was close at hand, based on the
February 1, 1995 letter (see Attachment "E").
'The Developer had acknowledged the non-reimbursable consideration for the expedited processing of the
4(d) permit in the February I, 1995 letter (see Attachment "E") and in an eader November 21, 1994 letter,
attached as Attachment "0", and had offered an amount not to exceed $200,000.
//~9
Page 10, Item ) /
Meeting Date 5/16/95
However, on February 13, 1995, the Developer notified the City by telephone, and
subsequently by mail on February 16, 1995 (see Attachment "F"), that it was withdrawing
its previous proposal of February 1, 1995. The Developer's April 19, 1995 letter to
Council mirrors the February 16 proposal (see Attachment "A"). The Developer is now
only willing to advance funds of $598,000 for the fire station and enter into a development
agreement. The Developer believes its proposal meets Condition 53.5. The City considers
this move on the Developer's part to be a bad faith effort, or regressive bargaining, since
the Developer had withdrawn items upon which there had been previous agreement, thereby
setting back months of negotiations.
The City has made progressive movement and significant concessions in its deliberations
with the Developer, in hopes of reaching a mutually agreeable development agreement9
Basically, to implement Condition 53.5, City staff is looking to the Developer to front a
portion of the cost of the relocated Fire Station 4, front a portion of the cost of the adjacent
fire training classroom and pay $240,000 as a non-reimbursable consideration for the
Developer receiving expedited processing of the 4( d) permit and development agreement, in
exchange for receiving Fire DIP credit and reimbursement in the amount of $469,614, a
combination of Fire DIP credit from the Developer's units yet to receive building permits
and reimbursement from future Fire DIF contributions from other developers before the
completion of SPA III. The City will also contribute an additional $319,286 from the Fire
DIP (see City Proposal March/April 1995, Attachment "0").
The issues, then, are the following:
1) the amount of funds to be advanced - $598,000 versus $709,614;
2) the form of reimbursement - additional Public Facilities DIP credit versus Fire
DIP credit only prior to completion of SPA III and
3) a dollar amount for the non-reimbursable consideration of the expedited
processing of the 4( d) permit and certainty of entitlement granted by a development
agreement - $0 versus $240,00010
'There were three other conditions (low income housing, park and ride, and parks) that were unresolved in
January, and an effort was made to pull all four conditions together as part of the overall settlement. Positive
progress has been made on the three conditions, with only the fire station issue basically unresolved.
IOThe April 19, 1995 written communication from the Developer makes reference to staff insistence that
the Developer front the cost of a new fire engine. To clarify, staff has been insistent that the Developer be
required to provide some level of non-reimbursable consideration for expedited processing of the 4(d) permit
and the development agreement. For informational purposes, staff was suggesting that those funds would
then be applied toward the purchase of a much-needed fire engine, which is not PFDIF-eligible. A new fire
engine will cost approximately $225,000 to $250,000. The Developer's prior agreement to provide $200,000
as non-reimbursable consideration assists in offsetting a significant portion of this expense.
//-/0
Page 11, Item / /
Meeting Date 5/16/95
In summary, we recommend that Council accept the City staff recommendation as shown
on page one, thereby directing staff to further negotiate with the Developer and come back
with a proposal, and giving direction as to the advancing of funds, providing consideration
for expedited processing of the 4(d) permit and the form of reimbursement. As an
alternative, Council could accept the City's last position, or the Developer's position.
FISCAL IMPACT:
Estimated Expenditures
Fire Station
1,620 sq ft Training Classroom
Fire Engine
TOTAL COST
$ 598,600
$ 205,300
$ 225.000
$1,028,900
Needed Funding
Citv Proposal
Developer Proposal
Consideration for expedited $ 240,000
processing of 4( d) permit
and development agreement
Developer Fire DIF credit $ 469,614
City Fire DIF contribution $ 319.286
TOTAL FUNDING $1,028,900
$ 0
$ 598,000 (from entire DIF)
$ 319.286
$ 927,286
Under the staff-recommended City proposal, the advanced funds, coupled with existing Fire
DIP funds, would be sufficient to design and construct a 4,000 square foot fire station,
1,620 square foot training classroom and provide significant funding toward replacement of
a fire engine.
Under the Developer proposal, General Fund monies would be needed to make up the
difference in funding. In addition, if the Developer received credit against the entire Public
Facilities DIP rather than just the Fire DIF, the City's ability to do other DIP-funded
projects would be constrained.
B:\fs4a113.2
//~/ J
2--:;:7 !-icov r Avenue
',oI''Jr;o! C. , C;' 91950
-:;~1477-': ~7
ATTACHMENT A
;Jft~ /j
.\\.\Ic\lillin Comp;U1ies
April 19, 1995
Mayor Shirley Horton
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Re: RANCHO DEL REY - FIRE STATION AGREEMENT
Honorable Mayor Horton and Members of the City Council:
This letter is a request for City Council clarification and direction relative to complying with
the requirement to fund the relocation of Fire Station No.4 to a site given to the City in SPA I
of Rancho del Rey.
The City Council on July 30, 1991 approved the SPA ill Tentative Tract Map with the
following condition related to the fire station relocation.
"53.5 Developer and City shall, prior to the recording of the first final
map including all or any portion of the territory of the tentative map,
have entered into a Development Agreement which shall include, but
shall not be limited to, a promise satisfactory to the City requiring the
developer to advance the entire costs of relocating, or at City's option,
to build and relocate, Fire Station No.4 to a site satisfactory to the City,
in exchange for which developer shall be granted certainty of
entitlements, or such other mutually agreeable consideration."
In an effort to satisfy this condition, a Draft Development Agreement was submitted to the
City on May 12, 1994 which offered the payment of $577,000 at the pulling of the first
building permit in SPA ill, with subsequent reimbursement through Public Facilities DIF
credits of an amount equal to the advance over our "fair share payment". We believe this
proposal to be in full compliance with Condition 53.5 above. During the intervening eleven
months we have been negotiating with your staff. Negotiations have reached a point of
~
/1-1,]
Mayor Shirley Horton
April 19, 1995
Page 2
impasse on three points. City Council clarification and direction of the requirement is
essential so we can proceed with the recording of final maps and continue the timely
development of the project.
1. The cost of relocating Fire Station No.4.
2. Timing of the payment.
3. Method and amount of reimbursement.
COST OF RELOCATING FIRE ST A nON NO.4
We have offered to advance $598,000 to relocate Fire Station NO.4. City Staff has estimated
the total cost of the facility to be $1,028,900 divided as follows: $598,000 fire station,
$205,000 training classroom, and $225,000 fire engine. City Staff is insisting on additional
advanced funding of a training class room and a new fire engine with an estimated cost of
$430,300. We maintain that the demand for funding of the training classroom and fire engine
exceeds the cost of relocation and should not be the sole burden of the Rancho del Rey
project. There is no nexus to our project to make this entire demand and we believe it was not
the Council's intent to condition our map on providing a training classroom or fire engine.
We have agreed to advance $598,000 to fund the cost of the fire station.
TIMING OF THE FA YMENT
We have offered to fund the fire station on January I, 1996. However, we believe that
payment should be made when construction is ready to commence. We have agreed to
payment upon demand when the City is ready to commence construction.
METHOD AND AMOUNT OF REIMBURSEMENT
The requirement contemplates the reimbursement of advanced monies, in addition to a
Development Agreement granting certainty of entitlements or other mutually agreeable
consideration. City staff has demanded that an amount between $240,000 and $500,000 be
non-reimbursable consideration for the City's implementation of the 4(d) Rule and
consideration for the required Development Agreement. We believe that the advanced
funding itself is sufficient consideration for a Development Agreement. Relative to the 4( d)
Rule implementation, we do not believe that any financial consideration from us is
appropriate for implementing a rule with general public benefit. We desire to have all monies
that are advanced to be credited without any non-reimbursements for "perceived" special
benefit.
The final point of disagreement is the method of reimbursement. We expect to be reimbursed
via Public Facilities DIF credits. Staff indicated that credit against the entire Public Facilities
C:LB\KBIWW\L.HORTONI
~
j/-J{
(
Mayor Shirley Horton
April 19, 1995
Page 3
DIF fee, currently $2,150, would not be acceptable. City staff proposes a reimbursement
program that does not provide the certainty of fuH reimbursement through the remaining units
in Rancho del Rey, but provides reimbursement at an unspecified future date. We would
agree to reimbursement with an agreed upon repayment schedule or other method that
guarantees repayment through the remaining units in Rancho del Rey.
In conclusion we submit for Council concurrence the foHowing terms:
1. Rancho del Rey wiH deposit with the City $598,000 upon demand by the City
when construction is ready to commence, not before January I, 1996.
2. City will reimburse Rancho del Rey $598,000 by granting credit in the amount of
$433.33/edu for each Public Facilities DIF fee to be paid in SPA Ill, estimated to
be 1,380 edus. ($598,000 + 1,380 = $433.33).
3. City wiH enter into a Development Agreement with Rancho del Rey, which wiH
guarantee land use and zoning.
It is our desire to have this matter resolved as soon as possible. We request that this matter be
placed on the May 2, 1995 City Council Agenda for consideration.
Sincerely yours,
RANCHO DEL REY INVESTORS, L.P.
~x1~
Kenneth S. Baumgartner
Executive Vice President
McMillin Project Services, Inc.
KSB:lb
cc: John Goss, City Manager
George Krempl, Deputy City Manager
C:LB\KB\WW\L.HORTON I
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Fire Station Network
Following Relocation
of Fire Station 4
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C.~OGRAPIIIC l"'lfOIlM^TIO~ SYSTUI
c=] Rancho Del Rey Project Area&
c=] Olay Ranch & Ea&tLaka Project Area&
({)
ATTACHMENT B
7... ~ J ..11
MINUTES OF AN ADJOURNED MEETING OF 11iE
Oly OF 0iUI..A VISTA
Tuesday, July 30, 1991
6:03 p.m.
Council Chambers
Public Services Building
CALLED TO ORDER
1. CAll. 11iE ROll.:
PRESENT:
Councilmembers Grasser Horton, Malcolm, Moore, Rindone, and Mayor
Nader.
ALSO PRESENT:
John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly
A Authelet, City Clerk
2. PI FJ)(jE OF AlLEGIANCE TO 11iE Fl..AG. SILENT PRAYER
3. APPROVAL OF MINUTES: None submitted.
4. SPECAL ORDERS OF TIiE DAY: None
CONSENT CALENDAR
(Items pulled: None)
CONSENT CALENDAR OFFERED BY COUNOLMAN MALCOLM, reading of the ten was waived, passed and
approved 4-0-1 with Councilman Rindone abstaining.
5. WRITTEN COMMUNICATIONS: None
6. RESOLU110N 16258 APPROPRlATING FUNDS AND DIREC11NG STAFF TO ENTER INTO
AN AGREEMENTWllH 11iE PROPERlY OWNERS OF PARCEL618-152.16 (l07~1072 FlFlHAVENUE) FOR
DRAINAGE IMPROVEMENTS ADJACENT TO TIiE FlFlH AVENUE smEET IMPROVEMENT PROJECT FROM
"1.. STREET TO NAPLES STREET . The property owners of 1070.1072 Fifth Avenue are requesting in
accordance with the City's drainage policy for lateral channels that the City participate in improving the
drainage facility across their driveway. The policy states that the City may participate in up to 50% of
improvements for lateral channels. This proposed drainage improvement would consist of a rectangular
concrete channel connecting to the City's existing facilities at Fifth Avenue and extending westerly to the
existing corrugated metal pipes. Staff recommends Council appropriate 537,000 and approve the resolution.
(Director of Public Works) 4/Sth's vote required. Continued from the 7/18/91 meeting.
Councilman Rindone stated he would abstain from participating and voting on this item.
. . END OF CONSENT CALENDAR . .
/1 //. '1J--
\1inures
July 30, 1991
Page 2
PUBUC HEARlNGS AND REL.ATED RESOLUTIONS AND ORDINANCES
~. PUBUC HEARlNG PCS-90-02: REQUEST TO SUBDIVIDE 404.9 ACRES KNOWN AS RANOiO
~ REV SEcnONAl. PLANNING AREA III, 0iUlA VISTA 'ffiACT NUMBER ~ LOCATED BElWEEN
EAST "Ii" STREET AND TELEGRAPH CANYON ROAD, IMMEDlA"lliLY SmTIH OF RANOiO DEL REV SPA
I; RANOiO DEL REY PAR1mRSJ-nP . The public hearing on this matter was conrinued from the meeting
of July 9, 1991 to allow for notificarion of additional residents within the vicinity of the proposed project.
The City Attorney's Office has revised the draft resolution to reflect changes in the tentative map conditions
which were voted on by the Council prior to taking action to continue the hearing. Staff recommends
approval of the resolution, (Director of Planning) Continued from the 7/18/91 meeting.
Mayor Nader informed the Council that Councilwoman Grasser Horton had divested herself of the holdings
for which she had previously declared a conflict of interest and would be able to participate and vote
tonight,
Councilman Malcolm stated that his pension plan acquired stock approximately one month ago and the
rrustee had not divested and therefore he would abstain from participation and voting,
City Attorney Boogaard informed Councilman Malcolm that he would also have a conflict of interest on Item
#8.
Mayor Nader informed Council that he would have to leave the Council meeting in order to anend an
AbTech II meeting at 7:00 p.m.
Maty May representing LanierilMclnryre, stated the public hearing had been continued in order to expand
rhe public mailing list. Staff had the opporrunity meet informally with those residents expressing concern
~nd staff felt that the issues were addressed at that time. Staff would recommend the following addition
to Condition 29 "all graded areas shall be replanted prior to the approval of the final map. Germination of
plant materials shall be guaranteed to the satisfaction of the City's landscape architect".
This being the time and place as advertised, the public hearing was reopened.
AI Hanson, 1321 Mesa Grande Place, Chula Vista, CA, spoke in opposition to the staff recommendations.
He did not feel the water issue had been addressed and that building should not be allowed until new water
resources were found. He felt it unfair for existing homeowners to have to conserve water. He also
questioned the amount of open space between Buena Vista Drive and the townhouses,
Jon Buddingh, Jr., 1363 Santa Cruz Court, Chula Vista, CA, spoke in opposition to the staff
recommendations. He felt the major concern was the water off.set program and that it should be set at
100%, Every development should be required to supply all the water it will use. He further expressed
concern over the four lane roadway through Rice Canyon and recommended the construction of a bridge
in order to leave the bonom of the canyon untouched.
Clifford Swanson, City Engineer, responded that future rraffic projections show high volumes which would
require a four lane roadway. The projecrions are from existing and fuNre developmenr, not just this project.
Mayor Nader questioned whether the EIR addressed the four lane roadway through the canyon. He further
srated that it was his understanding that the water off.set was 100% and the only facror to be determined
was which off.set program would be utilized.
7 //-1/3
Minutes
July 30, 1991
Page 3
Robert Leiter, Director of Planning, stated that the condition was wrinen so the applicam would have to
comply with a City approved water off.set policy. A 100% off. set was the direction of the Council at the SPA
level and Council can establish the off.set at whatever level is felt appropriate.
Mayor Nader stated it was his understanding that building could not take place until a water off.set plan
is approved by Council. Whatever plan is approved must be approved and certified as meeting the objectives
for the City.
Ms. May stated the horizontal distance between Buena Vista and the townhouses will to 35to 100 feet. The
strUctures on the pad will be an additional 20 to 75 feet. The parcel is subject to precise plan approval and
will have to be brought back in a public hearing forum.
Mayor Nader questioned whetho[ the water off.set plan would be adopted before the precise plan is brought
back for adoption.
Mr. Leiter responded that it was a condition before final map recordation but the developer could file a
precise plan before that time.
Ken Baumgartner, representing McMillin Communities, 2727 Hoover Avenue, National City, CA, spoke in
support of the staff recommendations. The project being discussed is in the later part of the overall plan
and he would assume that a water off.set plan could be approved by Council before then. He then gave a
brief summaty of the planning process that began in the early 1970's. The plan has been reviewed by the
Parks and Recreation Commission and unanimously approved by the Planning Commission.
Berty Dehoney, P & D Technologies, author of the EIR, stated that it would not appear there would be
substamial differences from a four lane to two lane roadway.
Allan Tait, 1372 Cerritos Court, Chula Vista, CA, spoke in opposition to the staff recommendations. He
thanked the Planning staff for meeting with the neighbors regarding their concerns. He expressed his
concern over the lack of open space and felt the natural heritage of the City was being destroyed. He hoped
that the City would at some point set aside a regional park or major green belt.
There being no further public testimony, the public hearing was declared closed.
Mayor Nader stated that he shared the concern that all developable land was being developed. He
questioned whether staff had considered, if there was a desire to reduce the total amount of development
and to increase the preservation of aesthetic open space, as to where and how a reduction in density would
be achieved and the number of units that would be Involved.
Mr. Leiter responded that staff had not reevaluated the project in terms of an alternative such as that. The
EIR had addressed alternatives regarding environmental issues but not density.
Councilman Rindone felt that McMillin had submit;ed a plan with mixed uses and variety that compliments
the existing areas.
Mayor Nader stated that the water and air conditions were anached at the SPA level and it was his
understanding that the water off.set would be 100%. He did not have a problem with putting over the
determination or" who's 100% water off.set plan is adopted, but anything less than 100% would not meer
his iment of the motion made at the approval of the SPA plan.
Y1 //-If
~inutes
July 30, 1991
Page 4
MF (Nader) the condition of the tentative map be amended to reflect that the plan ultimately approved and
certified by the Council be a 100% water off-seL Motion died for lack of second.
~r. Leiter stated the current condition requires the developer to comply with a water off.set policy as
determined by the Council.
Councilman Moore felt that numerous checks and balances had b.en included in this development and it
was the first development to have air and water off.sets. The City of Chula Vista has one of the best growth
management plans in the state.
Councilman Rindone stated philosophically he could support the 100% water off.set but noted that the
Council had set a condition which required the developer to comply with whatever water off.set program
was adopted by Council. There should be a cooperative county.wide partnership for water conservation.
He felt the Council had been vety progressive regarding water conservation.
Mayor Nader agreed that Council had been progressive serting an air and water off. set programs. He had
been advised that a 100% air quality off. set would not be attainable but a 100% water off-set would be.
He had been willing to compromise regarding the air quality off-set with a 100% water off.set. It was his
understanding that this would be incorporated in the tentative map. He felt compelled to vote no on the
tentative map unless that amendment was made.
Councilman Rindone stated that with the existing condition, the Council still had the option of setting a
higher water off-seL
Mayor Nader stated he would have to leave the meeting but wanted to address Item 8. He stated that he
did not have the biological expertise to say whether the gnatcatcher should or should not be listed. Unless
scienufic data was available, the decision may be better off left to the experts.
~ayor Nader left at 7:06 p.m. with Mayor Pro Tempore Moore chairing the meeting.
RESOLU110N 16222 OFFERED BY MAYOR PRO TEMPORE MOORE, reading of the ten was waived
~ayor Pro Tempore Moore requested that staff keep Council infolmed on the progress and status of the
water off.set programs.
~r. Lee, Assistant Director of Planning, questioned whether it was Council's intent to include the
modifications to Condition 29 as recommended by staff.
City Attorney Boogaard stated the amendment to Condition 29 should state "All graded areas shall be
replanted prior to the approval of any final map. Germination of plant material shall be guaranteed by the
.1pplicant to the satisfaction of the City landscape architect".
~r. Baumgartner responded that the developer agreed with the amendment.
AMENDMENT TO MOnON: (Moore/Rindone) to amend Condition 29 as recommended by staff. Approved
3-0-1-1 with Mayor Nader absent and Councilman Malcolm abstaining.
VOTE ON RESOLU110N 16222 AS AMENDED, approved 3-0-1-1 with Mayor Nader absent and Councilman
Malcolm abstaining.
7 //-;j~
.
Minutes
July 30, 1991
Page 5
RESOLlJl10N 16222 APPROVING TIlE TENTATIVE SUBDlVISION MAP !'OR RANa 10 DEL RJ.:Y
SECI10NAL PLANNlNG AREA (SPA) III, 0iULA VISTA TRACf 90-02
ORAL COMMUNICATIONS
None.
ACTION JTI:MS
8. REPORT ONENDANGEREDUSTINGSTA11JSOFTIiECAlJFORNIAGNATCATOiER
AND CURR.ENr REGIONAL AND SUB-REGIONAL EFFORTS TO PREPARE A HABITAT CONSERVATION P~
- The report contains a review of the current starus of the California Gnatcatcher as a state and federal
endangered species. Current programs by other agencies and groups which are proposing to preserve
sensitive biological habitat, and Chula Vista's options are also listed. Staff recommends Council: 1) authorize
the City Manager to send a letter to the California Fish and Garne Commission regarding the potential listing
of the California Gnatcatcher as a candidate for state endangered species; and 2) direct staff to prepare a
habitat conservation program for areas within the City containing sensitive biological habitat, including
coastal sage scrub habitat. (Director of Planning) Continued from the 7123/91 meeting.
Councilman Malcolm abstained from participation and voting on this item due to a possible conflict of
interest.
Robert Leiter, Director of Planning, gave a brief review of the report. Staff recommended that Council
submit a letter to the Fish and Game Commission recommending that they defer their decision at this time
and make their review in conjunction with a review being done at the federal level. It is felt that action at
the state level would be premarure at this time. The second item is the development of a habitat
conservation program. This program would be coordinated with other regional and county programs that
are currently underway. Staff would come back to Council with a work program in the furure.
Councilman Rindone stated thar due to the shon timeline. staff should fax the information with a letter as
follow-up. .
Mayor Pro Tempore Moore stared rhar one member of rhe Council felr rhar rhere should be no acrion taken.
MSC (Moore/Grasser Honon) to acceptthe report and staff recommendations. Approved 3-0-1.1 with Mayor
Nader absent and Councilman Malcolm abstaining.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ITEMS PUIl.ED FROM TIiE CONSENT CAI.ENDAR
No irems pulled. The minutes will reflecr rhe published agenda order.
2-? ///tjj,
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Attachment D
SUMMARY OF FINAL PROPOSALS OF CITY AND DEVELOPER FOR RANCHO DEL REY FIRE STATION
City Proposal - January 23, 1995 Developer Proposal - Feb I, 1995 Developer Proposal - Feb 16, City Proposal- March/April 1995
April 19, 1995
Developer deposit $484,614 on Agree with City position. Developer deposit $598,000 for Developer deposit $484,614 on
1/1/96 for fIre station/classroom. station only, when construction 1/1/96 for flIe station/classroom.
ready to begin.
Developer deposit $225,000 on Agree with City position. No nexus to project. Developer deposit $225,000 on
1/1/97 for flIe engine. 1/1/97 for flIe engine.
$200,000 of $709,614 total is non- Agree with City position. No financial consideration is $200,000 of $709,614 total is non-
reimbursable for expedited appropriate. reimbursable for expedited
processing of 4(d) permit. processing of 4(d) permit.
$100,000 of $709,614 total is non- Disagree. No development Advanced funding for station is $40,000 of $709,614 total is non-
reimbursable for SPA III agreement needed. sufficient consideration for reimbursable for SPA III
development agreement development agreement. Agree to development agreement
consideration. enter into development consideration.
agreement.
City make cash contribution of Agree with City position. City make cash contribution of City make cash contribution of
$319,286. $430,300. $319,286.
City reimburse Developer City reimburse Developer City reimburse Developer City reimburse Developer
$409,614, through DJF Fire credit $509,614 by credit from PFDJF $598,000 by credit from PFDJF $469,614, through DJF Fire credit
for RDR remaining units beyond Fire component beyond Fire component for RDR remaiIring units
($141/edn) and from proceeds of ($248.10/edu). ($433.33/edu) ($141/edu) and annual payments
sale of old Fire Station 4, after starting in July 1996 through July
relocation. 1999 from the Fire DJF.
ATTACHMENT E
:: M..lc\liilin C{!Il1]xulie;
February 1, 1995
VIA FACSIMILE & U.S. MAIL
Mr. John Goss
City Manager
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Re: DEVELOPMENT AGREEMENT - RANCHO DEL REY SPA ill
Dear John:
This letter is in response to your suggestion to comprehensively review all "agreement
type" issues that are being negotiated with various City departments in addition to the
Development Agreement. Summarized below are various ongoing negotiation which
include low income housing, park and ride, PLDO Fees, along with a reply to the
Proposed City Terms of Agreement for the fire station.
Low Income Housinl!:
On August 7, 1990, an Agreement was entered into between the City and RDR
obligating RDR to provide 23 low income dwelling units plus an additional $100,000
contribution to the City's Low Income Housing Fund. Subsequently, with the
approval of the SPA III Tentative Tract Map, a requirement was included that requires
a low income housing schedule to be included prior to the first final map in SPA III.
We have been meeting with Community Development since September. Community
Development is demanding much more detail and specificity than just a schedule as
our condition requires. We have not been able to provide acceptable terms
Community Development to satisfy this requirement. We have offered to pay the
$100,000 at the first final map and further agree to provide the detailed affordable
housing program prior to or concurrent with the planning for the specialty housing
area. This was rejected by Community Development and we were informed that low
income age restricted housing was not acceptable and that low income family housing
was desired. We are exploring other options which we would like to discuss with you.
Your staff desires a separate agreement for this item.
y/I- tj;;(
Mr. John Goss
February 1, 1995
Page 2
Park and Ride
Condition #56 of SPA ill Tentative Tract Map Approval requires an agreement to
provide a park and ride facility and/or financial participation in a facility master plan.
On September 9, 1991, a letter was sent to John Lippitt requesting that a
comprehensive park and ride master plan be prepared. To our knowledge, this has not
been done. Subsequent discussions have been held with Public Work's staff. In June
of last year, we were advised by Mr. Lippitt that the First United Methodist Church
had requested a TDIF waiver in return for the use of their parking lot for a park and
ride facility. We were advised that approval of the Church's request would satisfy our
requirement.
Subsequently, on August 3, 1994, we wrote a letter to Mr. Lippitt expressing our
concerns that any delay on the Church's request could impact our final map schedule
and further expressed our opinion that this requirement should be deleted if the
Church's requests is denied or delayed. In our Draft Supplemental Subdivision
Agreement we state our intent to satisfy this requirement by participating in a future
regional DIF for park and ride that is equitable to all projects. Yesterday we received
your staff's proposed methods of compliance. Our initial reaction is that staff's
proposal is unacceptable. Only Option #3 which requires compliance through a
comprehensive master plan comes close. Further discussion of this item is needed.
Park Land Dedication Ordinance
Condition #32 of the SPA ill Tentative Tract Map approval requires 12.5 acres of park
land be provided in SPA ill. Condition #33 requires that a minimum of 10 net useable
acres be developed as a turnkey park per the previously approved master plan with the
remaining 2.5 acre obligation (12.5 - 10 = 2.5 acres) being met through land, fees,
extraordinary improvements, or combination. We have been negotiating with Jess
Valenzuela. In our Draft Supplemental Subdivision Agreement we have agreed to
construct 10 net useable acre turnkey park and pay PLDO fees for all units exceeding
1,095 dwelling units (estimated today to be $1,085,850) less the cost of any
extraordinary improvements constructed in the SPA II (Marisol) Park. We believe that
these terms are acceptable to Mr. Valenzuela and to RDR.
Fire StationlDevelooment Al!reement
Our discussion that follows is a reply to the City's counter offer dated January 23,
1995. A number of notable changes have been made from the City's November 2,
C:lBICF\WINWORDILOOSS
,;u;- //~r/
Mr. John Goss
February 1, 1995
Page 3
1994 proposal. Changes range from reduced facility square footage, reduced City cash
reimbursements and changes to methods of reimbursement.
We have the following specific comments to make to the City's January 23, 1995
proposal and have prepared the attached counter proposal:
. RDR agrees to reducing the fire station size from 5,400 sq. ft. to 4,000
square feet and reducing RDR's 1/1/96 contribution from $618,900 to
$484,614.
. RDR agrees and accepts RDR's nonreimbursable consideration for the 4(d)
rule of $200,000.
. RDR does not want a Development Agreement and desires to have the
$100,000 reimbursed.
. RDR agrees to City's $319,286 cash contribution in FY 95-96.
. RDR disagrees with City's reimbursement of $289,614 by $141/EDU credit
of PFDIF. RDR wants entire amount of reimbursement to be reimbursed
with the remaining 2,054 EDUs.
. RDR disagrees with City's reimbursement of $120,000 to RDR with
proceeds from the sale of the old fire station site. When and if the City sells
the site, the City could reimburse the PFDIF directly. RDR wants PFDIF
credit in the amount of$248.10 per EDU for the next 2,054 EDUs in SPAs
I, II and III calculated as follows:
$484,614
(+) $225.000
$709,6i4
(RDR 1-1-96 deposit)
(RDR 1-1-97 deposit)
RDR Total Financial Participation
$709,614
(-) $200.000
$509,614
(less non reimbursed 4(d) consideration)
Total Reimbursement to RDR
$509,614
2,054 EDUs = $248 lOner BDlT credit
The above counter offer is not substantially different from those terms presented in our
September 28, 1994 offer.
C:LB\Cf\WlNWORDllAOSS
~ //~ JCl
Mr. John Goss
February 1,1995
Page 4
This letter is not intended to detail each issue but is intended to summarize the status
and our position on outstanding issues in broad terms, which will provide the format
for us to meet and discuss them comprehensively. George Krempl has already
communicated to us that he has been designated as your representative for future
negotiations. We would like to meet at your earliest convenience to discuss this
matter.
Sincerely yours,
RANCHO DEL REY INVESTORS, L.P.
CTF:lb
Attachments: Proposed Rancho del Rey Terms of Agreement
cc: George Krempl, Deputy City Manager
Bob Leiter, Planning Director
Shauna Stokes, City Manager's Office
C:LB\CFlWlNWORD\L-GOSS
ff ///5/
FEB I 6 1995
ATTACHMENT F
February 16, 1995
PROPOSED RANCHO DEL REY TERMS OF AGREEMENT
RANCHO DEL REY
1. RDR will deposit with City $598,600 on January 1, 1996 for the City's
construction of a 4,000 square foot 2-bay fire station. This money will be used for
design and construction of the relocated fife station and fixtures and furnishings.
CITY OF CHULA VISTA
1. Chula Vista will make a cash contribution of $430,300 from the Public Facilities
Fire DIF to offset some of the design and construction costs of the fire station and
training facility and purchase of a fire engine.
2. City will reimburse RDR $598,600 by granting credit in the amount of
$291.43/edu for each future Public Facilities DIF fee to be paid in the remaining
units of SPAs I, II and III, estimated to be 2,054 edus. (lbe 2,054 edus assumes
188 less edus for the senior housing project in SPA III).
3. City will limit RDR's total financial participation to $598,600 ($1,028,900 -
$430,300), of which McMillin will receive $598,600 in Public Facilities DIF
credit.
4. City will reimburse the Public Facilities Fire DIF from the proceeds of the sale of
the old Fire Station site. The sale will occur after the relocation to the new RDR
site (on or about January 1, 1997). The estimated sale price is $120,000.
5. City will not enter into a Development Agreement with RDR, which will grant
RDR certainty of entitlements.
6. City has estimated the total cost of the facility (facilities and equipment) to be
$1,028,900: $598,600 Fire Station, $205,300 Training Classroom, $225,000 Fire
Engine.
C:L8lCFlWlNWORll'FlLESlRDRAGMT
') (;V" ./ (1
/1 //':><+
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2F,:7 ,"1UO,'l'! AV\c"Ul;
Natlona; City. CP, 91950
(619)477.4117
ATTACHMENT G
..\.\..\lcMj]]il1 COmp',UlIl.
November 21, 1994
Mr. Sid Morris
Assistant City Manager
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Re: SPA ill Development Agreement
Dear Mr. Morris:
Thank you for meeting with us and replying with revised City Terms for the Fire Station and
Development Agreement. We apologize for not responding sooner.
In comparing the 10/6/94 Proposed City Terms to the most recent 11/2/94 proposal, the amount
of the 4(d) Rule consideration has been reduced from $500,000 to $400,000 and the City has
added a lump sum cash reimbursement of $ I 00,000 on 1/1/97. The net effect to Rancho del
Rey with the new proposal is that $400,000 is non-reimbursable plus $54,286 will not be
reimbursed through anticipated remaining PFDIF credits. As we discussed at our meeting, we
offered a total amount of $200,000 as non-reimbursable 4(d) consideration and requested that
the entire amount of reimbursement be reimbursed within the remaining EDU's in Rancho del
Rey, estimated to be 2,054.
It is apparent that disagreement still remain on the amount of money for non-reimbursable 4(d)
consideration and the amount of money to be credited per EDU reimbursement for the
remaining permits in Rancho del Rey. We will not agree to more than $200,000 of non-
reimbursable consideration for the 4(d) Rule. We have expended significant amounts of
money, paying for all City costs in drafting and implementing the 4(d) Rule, including City staff
and outside consultant costs. We have also expended considerable expense and effort in
bringing about a favorable policy decision from the U.S. Fish and Wildlife Service that will
benefit future public and private projects in the City. The 4(d) process is now available to
benefit the general public. Rancho del Rey is not the sole beneficiary of the 4(d) Rule. If the
City will not or does not collect a similar "4( d) consideration fee" from each and every project
./<"7
~ //-->/
/'
.~ .'1iI"''';'
~'~..
Mr. Sid Morris
November 21,1994
Page 2
that utilizes the 4(d) process, we believe the consideration requested from us is arbitrary,
capricious and without nexus.
The second item of disagreement is the amount of money to be reimbursed per EDU for future
PFDIF fees, We still insist that the total amount of money to be reimbursed per EDU shall be
adjusted to permit total reimbursement within the 2,054 EDU's remaining in Rancho del Rey
without any remainder occurring after the year 2000,
Finally, ifin your consideration of this matter you believe that sufficient "public benefit" has not
be received from the advanced funding for the fire facility in addition to the $200,000 4(d)
consideration to warrant a development agreement, we will withdraw our request for a
development agreement.
We would appreciate an opportunity to discuss this matter with you at your earliest
convenience. If these terms are unacceptable, we would request that this matter be presented to
the City Council for consideration.
Sincerely yours,
RANCHO DEL REY INVESTORS, LP.
CF/lb
cc: John Goss, City Manager
Corky McMillin
C:LB\CFI WlNWORDIL-MORRlS
y//,~i
.
-
~J'L~\\
July 17, 1991
Via:
The Honorable Mayor and City Council
. ~hn Goss, City Manager
1(,.I~en Lee, Assistant Planning Director
~
Modification to Condition for El Rancho del Rey Unit #3 Subdivision
To:
From:
Subject:
As part of the carry-over of this public hearing to provide additional noticing to IeSidents in the
area, the City Council discussed adding a condition regarding the applicant's commitment to a
fire station site within El Rancho del Rey. The developer's representatives expressed specific
concerns regarding the language as it was drafted for the July 9 hearing. Since that date, City
staff has had an opportunity to redraft the condition. The new language is agreeable to the
applicant and is numbered as 53.5 and reads as follows:
53.5 Developer and City shall, prior to the recording of the first final
map including all or any portion of the territory of the tentative
map, have entered into a Development Agreement which shall
include, but shall not be limited to, a promise satisfactory to the
City requiring the developer to advance the entire costs of
relocating, or at City's option, to build and relocate, Fire Station
No. 4 to a site satisfactory to the City, in exchange for which
developer shall be granted certainty of entitlemen~, or such other
mutually agreeable consideration.
KGL:nr
(ERDR3l
//-~~
MINUTES OF AN ADJOURNED MEETING OF THE
l CHULA VISTA CITY COUNCn..
Thursday, July 18, 1991 Council n..m""n
4:39 p.m. Public Services Building
CALLED TO ORDER
1. CALL THE ROLL:
PRESENT:
Council""""""", Grasser Horton, Moore, Rindone.
ABSENT:
Councilman Malcolm (ltteDding C4utaI Commission Hearini) and Mayor Nader
ALSO PRESENT:
John D. Goss, City Manager; Bruce Boogaard, City AIIomey; and Berlin Bosworth,
Secrelary to the Redevelopment Aaeacy
BUSINESS
Mayor Pro Temp Moore explained that Mayor Nader had possibly dislocated his moulder and was at the Clinic but
was eJtpected to retum. Mayor Pro Temp Moore, in reviewing the Agenda and Addendum to Agenda for those
present, noted that several items called for 4/Stha vote. As only three CounciJmembers were present, he called a
brief recess at 4:46 p.m.
The members reconvened as the Redeveloplllalt Agency and met in closed session at 4:47 p.m.
(
Mayor Pro Temp Moore reconvened the City Council meeting at S:OS p.m.
2. PUBLIC HEARING PCS-9O-02: REQUESI' TO SUBDIVIDE 404.9 ACRES KNOWN AS
RANCHO DEL REY SECTIONAL PLANNING AREA m, CHULA VISTA TRACT NUMBER 90-02
LOCATED BETWEEN EASt "H" StREET AND TELEGRAPH CANYON ROAD, IMMEDIATELY
SOUTH OF RANCHO DEL REY SPA Ij RANCHO DEL REY PARTNERSHIP - The public hearing on this
matter was continued from the meeting of July 9, 1991 to allow for notification of additional residents within the
vicinity of the proposed project. The City Attomey's Office has revised the draft resolution to reflect changes in
the tentative map conditions which were voted on by the Council prior to taking action to continue the hearing.
Staff recommends approval of the resolution. (Director of Planning)
RESOLUTION 16266 APPROVING THE TENTATIVE SUBDIVISION MAP FOR RANCHO DEL REY
SECTIONAL PLANNING AREA (SPA) m, CHULA VISTA TRACT 90-02
(
City Attomey Boogaard informed the ColIIICil that be advised Councilwoman ~ Horton that there may be a
potential conflict of interest due to stock OWDaShip in . joint venture partner with the developer.
Mayor Pro Temp Moore asked and received con,","US to continue the public hearing on Item 2 (pCS-90-02:
Request to subdivide 404.9 acres"known as Rancho Del !ley Sectional Planning Area m, Chula Vista Tract Number
IJO.Ollocated between East "H" Street and Telegraph Canyon Road, ;mmMi.te1y aouth of Rancho Del Rey SPA
Ii Rancho Del Rey Partnership) to Tuesday, July 30, 1991 at 6:00 p.ID.
7. RESOLUTION 16258 APPROPRIATING FUNDS AND DIRECTING StAFF TO ENTER INTO
AN AGREEMENT WITH THE PROPERTY OWNERS OF PARCEL 618-152-16 (1070-1072 FIFTH
AVENUE) FOR DRAINAGE IMPROVEMENTS ADJACENT TO THE FIFTH AVENUE StREET
IMPROVEMENT PROJECT FROM"L. StREET TO NAPLES StREET - The property owners of 1070-1072
Fifth Avenue are requesting in accordance with the City's drainage policy for JateraI channels that the City
//-.f'7
----- - -.,-,--... .-------
~l~
:-~-=
~~
-
0lY OF
CHUlA VISTA
COUNCIL INFORMATIONAL MEMORANDUM
May 16, 1995
VIA
The Honorable Mayor and City Council
John D. Goss, City Manager ~ ~
Jim Thomson, Deputy City Manager J t
TO
FROM
SUBJECT
Update on Sewer Billing Issue with Sweetwater Authority
At its May 9, 1995 meeting, the City Council directed staff to reconvene meetings with the
Sweetwater Authority to further review the issue of the best and most cost effective system for
billing and providing both water and sewer services to the constituents. Council also
designated Councilmembers Rindone and Moot to meet with elected officials from the
Sweetwater Authority. The purpose of this memo is twofold: (1) to inform Council of some
upcoming meetings involving the Sweetwater Authority Board, and (2) to insure Council is
aware of a previous commitment the City made in February 1994 to convert the City's sewer
billing to an alternate system by July 1, 1995 or very shortly thereafter.
Staff is attempting to schedule a meeting of this Council subcommittee with a similar
subcommittee from the Sweetwater Authority, perhaps on May 24 or May 26. Staff is also
attempting to gather additional information from Sweetwater Authority staff to more fully
answer the questions raised by Council at the May 9 meeting.
In the meantime, staff wanted to make Council aware of two upcoming meetings in case
Councilmembers wanted to attend to express their concerns further. The Sweetwater
Authority Board of Directors will have their regular meeting on Wednesday, May 17, at
7 p.m. Their General Manager indicated that Councilmembers could certainly speak to the
Board on the sewer billing issue under the Oral Communications agenda heading, although it
could not be discussed substantively by the Board since it's not on their May 17 agenda. The
next meeting of the Interagency Water Task Force is scheduled for Monday, May 22 at 9:00
a.m. in the Council Conference Room, and the issue of sewer billing is already on the agenda
for the Task Force meeting (Item #4: Sewer Billing Progress Report). The Council's
representatives on the Interagency Water Task Force are Mayor Horton and Councilmember
Padilla; it is staff s understanding that Council member Padilla will be unable to attend the May
22 Interagency Water Task Force meeting, so other Councilmembers might want to consider
attending.
/3a- ~/
The Honorable Mayor and City Council
May 16, 1995
Page 2
Staff would also like to remind the Council of a commitment made in February 1994 to
convert the City's sewer billing from the Sweetwater Authority System to an alternate billing
system by July 1, 1995, although the Sweetwater Authority representatives subsequently
indicated a willingness to allow us a couple of additional months beyond that deadline as long
as we were making good progress toward converting to an alternate sewer billing system.
Attached is a memo sent to the City Council on February 16, 1994 informing Council of the
request that the Sweetwater Authority had made for such a written commitment as well as a
copy of the letter of commitment that the City Manager was planning on sending to the
Sweetwater Authority if the Council did not express any concerns about that course of action.
Since no members of the City Council expressed concern at that point about sending the letter,
the City Manager did send the letter that is attached to the Sweetwater Authority Board. The
letter indicated that if the Sweetwater Authority Board granted the City a one-year extension
from their previous July 1, 1994 deadline to a new July 1, 1995 deadline, then the City would
commit to meeting that deadline for converting the City's sewer billing to an alternate system.
Upon receipt of the City Manager's February 16, 1994 letter, the Sweetwater Authority Board
granted the one year extension of its deadline to July 1995, as the City had requested. Since
the Sweetwater Authority Board of Directors is very likely to express serious concern about
whether the City is meeting this commitment, staff wanted to make sure the City Council is
aware of the commitment that was made in February of 1994 to the Sweetwater Authority
Board before Councilmembers discuss the issue with elected officials from the Sweetwater
Authority .
Attachment
J3c<-~;<'
"
MEMORANDUM
"
February 16, 1994
File No. KY-OB1
SUBJECT I
Honorable Mayor and City Council
John D. Goss, City Manager~
Update on Sewer Billing
rol
PROM.
This report is to provide Council with an update on the status of
the City'S requests to the Sweetwater Authority and Otay Water
District to continue joint sewer and water billing until the
situation with the San Diego Area Wastewater Management District
(SDAWMD) is known. Previously, both water districts had requested
that the City of Chula Vista separate our sewer billing from their
water billing effective July 1, 1994.
I met with Bud pocklington, Chair of Sweetwater Authority, and Dick
Reynolds, General Manager, on Wednesday, February 16 to see what
circumstances would make it more likely for Sweetwater Authority to
approve an extension of the July 1, 1994 deadline, Bud pocklington
indicated a willingness to recommend to the Board a one year
extension to July 1, 1995, if the City would indicate in writing
their willingness to commit to that date. Attached is a copy of
the letter I intend to send to him indicating that we will commit
to meeting the July 1, 1995 deadline: The Sweetwater Authority
Board will be considering this issue at their February 23 meeting,
50 please contact me as soon as possible if you have any concerns
about this course of action.
At the afternoon meeting of the Otay Water Di'strict Board, Bud
pocklington explained to the Otay Board the recommendation he was
going to make to the Sweetwater Authority Board to extend the joint
billing until July 1, 1995. The Otay Water District voted to
extend the joint sewer and water billing until July 1, 1995,
contingent upon the Sweetwater Authority Board also granting an
extension.
Receiving a one-year extension from the water agencies provides
much needed additional time for the City to decide how the City
will bill sewer customers. At this point, staff is leaning toward
recommending that residential customers be billed on the property
tax bill and commercial/industrial customers be billed bimonthly by
the City. Staff will be coming back to Council later this year
with a more-detailed report on billing alternatives and a
recommendation.
Attachment
BCs..wcci1l2.wem
/ Ja- ~ 3
~'\11~
=~- ::
,.......;--.;......,;.~
......"""~........
~- - ""
C11Y OF
CHULA VISTA
OFFICE OF THE CITY MANAGER
February 16, 1994
File t KY-OBl
Mr. Bud pocklington, Chair
Sweetwater Authority
505 Garrett Avenue
Chula Vista, CA 91910
Dear Bud:
The City of Chula Vista has requested the Sweetwater Authority
Board to continue joint sewer and water billing until the situation
with the San Diego Area Wastewater Management District is known.
You have asked that we clarify the time frame and indicate whether
we would agree to an extension of the current joint billing that is
limited to July 1, 1995.
We feel that an extension until July 1, 1995 would provide our City
Council and staff sufficient time to make more informed decisions
and perform the necessary work to convert the sewer customers to an
alternative billing system. If the Sweetwater Authority Board
grants the City of Chula Vista an extension to July 1, 1995, we
will cOllllllit to meeting that deadline for converting our sewer
customers to an alternate billing system.
Thank yo~ for your cooperation in this matter.
Sincerely,
John D. Goss
City Manager
cc: Mayor/Council
/
/Jdl- ~i
276 FOURTH AVENUElCHULA VISTA, CALIFORNIA 91910/(619) 691-5031
Item
Meeting Date
/'/~
COUNCIL AGENDA STATEMENT
5/16/95
Resolution /7$'97 Taking a position to support AB
230 and AB 1436 and to oppose S 754, which are not
addressed in the Legislative Program, or otherwise
require direct Council action.
SUBMITTED BY: Legislative committ~l~
REVIEWED BY: City Manage~~~4/5ths Vote: Yes No-1L)
On February 7, 1995, the Ci~ ~ouncil adopted the 1995-96
Legislative Program. Although this program was intended to provide
comprehensive direction to the Legislative Committee on City's
legislative priorities, there are certain issues which are reserved
for direct action by the Council.
ITEM TITLE:
Attached are analyses of two related bills which are not addressed
in the Legislative Program. Based on the potential fiscal benefit
to the city through reimbursement of fire department costs, the
Legislative Committee is recommending that Council take a position
to support these two bills. Also attached is a bill regarding
border crossing fees--a subject Council specifically requested be
brought back for further direction.
RECOMMENDATION: That council approve the resolution supporting AB
230 and AB 1436 and opposing S 754.
BOARD/COMMISSION RECOMMENDATIONS: Legislative Committee recommends
approval of the resolution. The Chamber of Commerce has indicated
that it opposes S 754 as well and will be forwarding a letter to
that effect.
DISCUSSION
The bills proposed for Council action are as follows:
1. AB 230 (Tucker) EMERGENCY MEDICAL SERVICES: FUNDING Would
establish a voluntary 1% surcharge on intrastate telephone
calls, in part to reimburse non-transporting agencies (e.g.
fire departments) which provide first-responder medical
assistance. Rate-payers would have the option of not paying
the charge by sUbmitting a written exemption request during an
annual renewal period.
Fiscal Impact: Medical aid accounts for approximately 70% of
Chula vista's fire department responses. In 1994 alone, there
were 5,300 medical aid calls. with costs ranging from
approximately $60 to $175 per call, this amounts to an average
annual cost of $610,000. Actual revenues under AB 230 would
be subject to funds availability (through the voluntary
surcharge) and the will of the legislature to appropriate
those funds. For the rate-payer, a 1% surcharge would
represent $0.10 for every $10.00 spent on in-state calls.
Legislative Committee Recommendation:
FIC<.- - /
SUPPORT
Item
Meeting Date
)l/~
, Page 2
5/16/95
2. AB 1436 (Burton) HEALTH COVERAGE: FIRST RESPONDER SERVICES
Would add first responder services for "initial medical
stabilization" to the services which are to be reimbursed by
state-licensed insurance carriers.
Fiscal Impact: Same as AB 230. provision for insurance
reimbursement would result in higher revenue collections than
the other bill's voluntary surcharge. If the bill passes, any
decision to charge these costs would be subject to further
council action.
Legislative Committee Recommendation:
SUPPORT
3. S 754 (Kennedv) IMMIGRATION AND NATIONALITY ACT Would
establish border crossing fees of $1.50 for vehicles and $0.75
for pedestrians. These fees would be assessed at each state's
option at the ports of entry determined by those states.
Funds collected (less federal costs) would be used to finance
port-related enhancements.
Fiscal Impact:
Local border crossings are estimated at 5-6 million per month,
with approximately 40% of these trips for the purpose of
shopping in the San Diego area. In Chula vista, it is
estimated that 30% of retail shoppers come from Mexico.
Especially with the recent Peso devaluation, an additional
border crossing fee would significantly impact local
businesses.
Legislative Committee Recommendation:
OPPOSE
Analyses and copies of each of these bills are attached.
c:\wp51\memos\cc516.113
Attachments:
1. Analysis and bill text, AB 230
2. Analysis and bill text, AB 1436
3. Analysis and bill text, S 754
Fla. - :2.
RESOLUTION NO.
/78"'9 ?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING AB 230 AND AB 1436, AND
OPPOSING S 754, WHICH ARE NOT ADDRESSED IN THE
LEGISLATIVE PROGRAM AND REQUIRE DIRECT COUNCIL
ACTION
WHEREAS, on February 7, 1995, the City Council adopted
the 1995-96 Legislative programj and
WHEREAS, although this program was intended to provide
comprehensive direction to the Legislative Committee on the City's
legislative priorities, there are certain issues which are reserved
for direct action by the Councilj and
WHEREAS, the following three pending bills, which under
the city's current legislative policy are specifically required to
be addressed by Council, are not addressed in the Legislative
programj and
1. AB 230 (Tucker) EMERGENCY MEDICAL SERVICES: FUNDING would
establish a voluntary surcharge on intrastate telephone calls,
in part to reimburse non-transporting agencies (e. g. fire
departments) which provide first-responder medical assistance.
2. AB 1436 (Burton) HEALTH COVERAGE: FIRST RESPONDER SERVICES
would add first responder services for "initial medical
stabilization" to the services which are to be reimbursed by
state-licensed insurance carriers.
3. S 754 (Kennedv) IMMIGRATION AND NATIONALITY ACT would
establish border crossing fees of $1.50 for vehicles and $0.75
for pedestrians.
WHEREAS, based on the potential fiscal benefit to the
city through reimbursement of fire department costs, the Legis-
lative Committee is recommending that Council take a position to
support AB 230 and AB 1436 and oppose S 754.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby support AB 230 and AB 1436 and
oppose S 754 and direct the Legislative Committee to send letters
as appropriate.
Presented by
Approved as to form by
tLlh.
sid Morris, Assistant city
Manager
C:\rs\AB230.sup
Bruce M. Booga rd, city
Attorney
/ 'I t1.. -.J
CITY OF CHULA VISTA
LEGISLATIVE ANALYSIS
May 9. 1995
I BILL I AUTHOR I TITLE ! INTRODUCED I AMENDED !
AB 230 TUCKER EMERGENCY MEDICAL 2/1/95 4/17/95
SERVICES: FUNDING
CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM
PENDING SUPPORT AB 1436 NO; (Council Action)
STATUS: Pending in Assembly Appropriations Committee
BACKGROUND:
Current law provides for insurance reimbursement of ambulance costs. Although the
first responder in many medical calls is an EMT-trained fire department crew, these
costs are not currently reimbursable.
AB 230 would:
Establish a voluntary surcharge on intrastate telephone calls to finance a Pre-hospital
Emergency Medical Services System (PEMSS) Fund and Poison Control Center Fund.
Funds in the PEMSS fund would be available---upon legislative appropriation---to
reimburse non-transporting agencies which provide first-responder medical assistance.
The surcharge to be imposed would be 1 % of the total cost of the intrastate
telephone services provided. Of this total, 35% would be allocated to the PEMSS
fund. This surcharge would be voluntary in that rate-payers could opt out of the
charge by submitting a written request to be exempted during an annual surcharge
renewal period.
FISCAL IMPACT: Approximately 70% of Chula Vista's fire department responses are medical aid calls.
In 1994 alone, there were 5,300 medical aid calls. With costs ranging from
approximately $60 to $175 per call, this amounts to an average annual cost of
$610,000.
Actual revenues under AB 230 would be subject to funds availability (through the
voluntary surcharge) and the will of the legislature to appropriate those funds.
For the rate-payer choosing to participate in this program, the cost would be $0.10
for every $10 of in-state calling.
DATE TO COUNCIL
May 16, 1995
RECOMMENDATION
SUPPORT
LETTERS
YES
C:\wp51 \ANAL VSES\AB230.ana
PIa- ~~
May 2, 1995, Page 2
[A> <A]
[0> <OJ
contains added text, and
contains deleted text.
California
1995 CA AB
Amended
1995-96 Regular Session
230
Tucker
AMENDED IN ASSEMBLY
APRIL 17, 1995
ASSEMBLY BILL
No. 230
-----~~------------------------------------------------------------------------
-------------------------------------------------------------------------------
INTRODUCED BY Assembly Member Tucker
FEBRUARY 1, 1995
--------------------------------------------------------------------------------
-------------------------------------------------------------------------------
An act to add [D> Article 6 (commencing with Section 1797.195) to
Chapter 3 of Division 2.5 of <D] [A> section 1797.196 to <A] the Health
and Safety Code, to amend Sections 41020 and 41135 of the Revenue and
1'axation Code, to amend section 14132 of, and to repeal and add Section
11106.6 of, the Welfare and Institutions Code, relating to emergency
medical services [D> , and making an appropriation therefor <D]
LEGISLATIVE COUNSEL'S DIGEST
AB 230, as amended, Tucker. Emergency medical services:
funding.
Existing law provides for the Medi-Cal program, administered by the
State Department of Health Services, pursuant to which medical benefits
are provided to public assistance recipients and certain other
low-income persons. Under existing law, there is the Health Care
iJeposit Fund for the deposit of all federal funds received for purposes
ot the Medi-Cal program. The Health Care Deposit Fund is continuously
appropriated to the department for purposes of the Medi-Cal program.
Existing law also provides for an Emergency Medical Services
Authority. Under existing law, the authority is required to assess and
coordinate emergency medical services needs utilizing regional and local
information, to develop planning and implementation guidelines for
emergency medical services systems, and to provide technical assistance
to local entities for the purpose of developing the components of
emergency medical services systems.
1'his bill would enact the Filante-Tucker Prehospital Emergency
Medical Services System Funding Act. The bill would establish the
Prehospital Emergency Medical Services System Fund, and the Poison
/1a-t
May 2, 1995, Page 3
Control Center Fund. This bill would provide for the authority to have
administrative control of [0> both funds <0] [A> the Poison Control
Center Fund <A] , and would authorize the expenditure of the moneys in
the funds for specified purposes upon appropriation by the Legislature.
The existing Emergency Telephone Users Surcharge Law imposes a tax
on amounts paid by every person in the state for intrastate telephone
communication services to fund the emergency telephone number system
administered by the Department of General Services.
This bill would, commencing on January 1, 1996, impose an additional
LA> voluntary <A] surcharge on amounts paid by every person in the state
[or intrastate telephone communication services to fund the prehospital
Emergency Medical Services System as prescribed by the bill. [A> The
bill would provide for the surcharge to be assessed monthly, and would
provide that a service user may refuse to pay the surcharge by notifying
the telephone company in writing, annually, during the month of January.
<A]
The bill would provide for the deposit of [0> 5% <0] [A> 35% <A] of
the amounts collected through this surcharge into the Prehospital
Emergency Medical Services System Fund, and for deposit of [0> 8% <0]
LA> 4% <A] of the amounts collected into the Poison Control Center Fund.
This bill would also provide for the deposit of [0> 87% <0] [A> 60% <A]
of the amounts collected through the surcharge into the [A> Ambulance
Transportation Services Account that would be established within the <A]
Health Care Deposit Fund [0> , thereby making an appropriation <0]
[1\/ The bill would provide that this money would be available for
expenditure only upon appropriation by the Legislature. <A]
[A> The bill would provide for deposit of 1% of the amounts
collected through the surcharge to the credit of the State Department of
Health Services. It would require the money to be expended by the state
department, upon appropriation by the Legislature, to cover the costs of
administering the act that would be established by the bill. It would
also require that the moneys deposited in the Poison Control Center Fund
and the Health Care Deposit Fund be used to supplement, not supplant,
the current funding levels. <A]
[0> The surcharges imposed by this bill would be a state tax for
purposes of section 3 of Article XIIIA of the California Constitution,
requiring a 2/3 vote of all members elected to each house of the
Legislature. <0]
[A> The bill would provide that pretransportation service charges
for initial stabilizing medical services only apply when the patient is
transported by an ambulance, and would provide that the transporting
agency may not be reimbursed for the initial stabilizing emergency
medical services if it is reimbursed for the transportation services
provided for the same emergency. <A]
FIlA - 7
May 2, 1995, Page 4
Existing law provides for the establishment of reimbursement rates
for providers of health care services, including rates for paramedic
services, under the Medi-Cal program.
This bill would require the state Director of Health Services to
establish and update annually a prescribed schedule of reimbursement
rates for advanced life support, limited advanced life support, and
basic life support ambulance transportation services under the Medi-Cal
program, based on reasonable cost standards of the department. The bill
would require the director, in consultation with the Controller, to
annually estimate the amount of funds that will be deposited in the
Health Care Deposit Fund from the surcharge on intrastate telephone
communication services imposed by the bill, and to establish the rate
schedule in a manner that will result in the allocation of that amount,
plus any federal matching funds, among providers of ambulance
transportation services. The bill would specify that nothing in this
provision authorizes the department to supplant existing funding for
medical transportation services for Medi-Cal.
Under existing law, medical transportation, and paramedic services
performed by a city, county, or special district pursuant to a contract
with a city, county, or special district that meets other requirements
to the extent federal financial participation is available, are covered
Medi-Cal benefits.
This bill would, instead, provide that nonambulance medical
transportation, and emergency and nonemergency ambulance services,
including advanced life support or limited life support transportation
services provided by a city, county, or special district which meets
other requirements to the extent funding is available under the rate
schedule required to be established by the bill, are covered Medi-Cal
benefits.
Vote:
A> no <A]
no.
[0> 2/3 <0] [A> majority <A] . Appropriation: [0> yes <0]
Fiscal committee: yes. state-mandated local program:
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.
~ilante-Tucker
Act.
This act shall be known and may be cited as the
prehospital Emergency Medical Services System Funding
SEC. 2. The Legislature finds and declares all of the following:
(a) Californians requesting help for medical emergencies deserve
rapid, expert care, including care in the event of a major disaster.
(b) The development and maintenance of effective emergency medical
services are of vital importance to California, especially in the event
of a major disaster.
/~-~
May 2, 1995, Page 5
[D> (c) Emergency medical care is provided by a variety of public
safety agencies and private medical providers, some of which, because of
local circumstances, do not have adequate resources to plan, coordinate,
and administer a fully effective local emergency medical services
system, including planning for the local emergency medical response to a
major disaster. <D]
[D> (d) <D]
[A> (c) <A] The telephone is the primary access to emergency medical
care and other public safety services.
[D> (e) <D]
[A> (d) <A] Advanced life support and limited advanced life support
[D> transportation <D] [A> emergency medical <A] services provide
victims of life-threatening injuries with effective medical treatment at
the scene of an emergency and during transport to a general acute care
hospital, and these services are currently underfunded.
[D> (f) The Filante-Tucker Prehospital Emergency Medical Services
System Funding Act is intended to provide, through a state surcharge on
telephone billings, a revenue source for the purpose of assisting local
Emergency Medical Services (EMS) agencies and providers in meeting local
responsibilities to plan, administer, and evaluate emergency medical
services. <D]
[D> Therefore, by adding Article 6 (commencing with Section
1797.195) to Chapter 3 of Division 2.5 of the Health and Safety Code,
and by amending portions of Part 20 (commencing with section 41001) of
Division 2 of the Revenue and Taxation Code, the Legislature intends to
support the development, improvement, and preservation of an emergency
medical services system that will be able to respond effectively in any
emergency. <D]
[D> SEC. 3. Article 6 (commencing with section 1797.195) is added
to Chapter 3 of Division 2.5 of the Health and Safety Code, to read: <D]
[D> Article 6. The prehospital Emergency Medical Services system
Fund <D]
[D> 1797.195. (a) The Prehospital Emergency Medical Services System
Fund is hereby created in the State Treasury. <D]
[D> (b) The fund shall be under the administrative control of the
authority and may be expended for the purposes of this section upon
appropriation by the Legislature. <D]
[D> (c) The fund shall consist of the following moneys: <D]
[D> (1) Amounts transferred from the State Board of Equalization and
received by the Controller pursuant to paragraph (1) of subdivision (b)
of section 41135 of the Revenue and Taxation Code. <D]
I~A-9
May 2, 1995, Page 6
[D> (2) Any interest that accrues with respect to the amounts in the
fund. <0]
[0> (d) Moneys in the fund shall be expended for the following: <0]
[0> (1) Payments to local EMS agencies and counties for the
planning, coordination, and administration of the local EMS system. <0]
[D> (2) Transfers to the authority for purposes of administering
this division. <0]
[A> SEC. 3. section 1797.196 is added to the Health and Safety
Code, to read: <A]
1797.196. (a) The Poison Control Center Fund is hereby created in
the State Treasury.
(b) The fund shall be under the administrative control of the
authority and may be expended for the purposes of this section upon
appropriation by the Legislature.
(c) The fund shall consist of the following moneys:
(1) Amounts transferred from the State Board of Equalization and
received by the Controller pursuant to paragraph (2) of subdivision (b)
of section 41135 of the Revenue and Taxation Code.
(2) Any interest that accrues with respect to the amounts in the
fund.
(d) Moneys in the fund shall be expended for the support of poison
control centers that meet the minimum standards and operate pursuant to
section 1798.180.
SEC. 4.
to read:
section 41020 of the Revenue and Taxation Code is amended
41020. (a) A surcharge is hereby imposed on amounts paid by every
person in the state for intrastate telephone communication service in
this state commencing on July 1, 1977.
The surcharge imposed shall be at the rate of one-half of 1 percent
ot the charges made for those services to and including November 1,
1982, and thereafter, at the rate as shall be fixed pursuant to Article
/ (commencing with section 41030).
The surcharge shall be paid by the service user as provided in this
part.
(b) In addition to the surcharge imposed under subdivision (a), an
additional surcharge is hereby imposed on amounts paid by every person
in the state for intrastate telephone communication service in this
/~,/~
May 2, 1995, Page 7
state commencing on January 1, 1996. The surcharge imposed shall be at
the rate of 1 percent of the charges made for the services. The
surcharge shall be paid by the service user as provided in this part
[D> . <D] [A> , and shall be subject to the following conditions: <A]
[A> (1) The surcharge shall be assessed to each service user
monthly, and shall be calculated based on the charges made for
intrastate telephone communication service during that billing period. <A]
[A> (2) A service user may refuse to pay this monthly surcharge by
informing the telephone company, in writing, during the month of
January, that he or she refuses to pay the surcharge. This written
notice shall be effective for one year, and in order to avoid paying the
surcharge, a service user is required to provide this written notice to
the telephone company every January. <A]
SEC. 5.
to read:
Section 41135 of the Revenue and Taxation Code is amended
41135. All amounts required to be paid to the state under this part
shall be paid to the board in the form of remittances payable to the
State Board of Equalization of the State of California.
(a) The board shall transmit that portion of the payments
representing the surcharge imposed under subdivision (a) of Section
41020 to the Treasurer to be deposited in the State Treasury to the
credit of the State Emergency Telephone Number Account in the General
Fund.
(b) The board shall transmit the payments representing the surcharge
imposed under subdivision (b) of Section 41020 to the Controller for
deposit in the State Treasury as follows:
[D> (1) Five percent of the total amount collected to the credit of
the Prehospital Emergency Medical Services System Fund established
pursuant to section 1797.195 of the Health and Safety Code. <D]
[A> (1) Thirty-five percent of the total amount collected shall be
placed in the Prehospital Emergency Medical Services System Fund that is
hereby established and, upon appropriation by the Legislature, shall be
expended for the purpose of reimbursing initial stabilizing medical
services. For the purposes of this section, "initial stabilizing
medical services" means that component of emergency medical services
that is provided by the EMT-Is, EMT-Ils, or EMT-Ps, who first arrive on
the scene of the medical emergency and provide any emergency medical
services needed to stabilize the medical emergency, other than transport
services. <A]
(2) [D> Eight <D] [A> Four <A] percent of the total amount collected
to the credit of the Poison Control Center Fund established pursuant to
section 1797.196 of the Health and Safety Code.
/f~-//
May 2, 1995, Page 8
(3) [D> Eighty-seven <D] [A> sixty <A] percent of the total amount
collected to the credit of the [A> Ambulance Transportation services
Account that is hereby established within the <A] Health Care Deposit
Fund established pursuant to section 14157 of the Welfare and
Institutions Code for the purpose of reimbursing ambulance
transportation services in accordance with section 14106.6 of the
Welfare and Institutions Code. [A> The 60 percent deposited in the
Ambulance Transportation Services Account shall be available for
expenditure only upon appropriation by the Legislature. <A]
[A> (4) One percent of the total amount collected to the credit of
the state Department of Health Services, to be expended, upon
appropriation by the Legislature, for the costs to the state department
of administering the Fi1ante-Tucker Prehospital Emergency Medical
Services System Funding Act. <A]
[A> (c) The payments made pursuant to subdivision (b) shall be used
to supplement current funding amounts of the Poison Control Center Fund
and the Health Care Deposit Fund and shall not be used to supplant any
current or projected funding. <A]
[A> (d) Pretransportation service charges for initial stabilizing
medical services shall apply only when the patient is transported by an
ambulance. The transporting agency may not be reimbursed for the initial
stabilizing medical services if it is reimbursed for the transportation
services provided for the same emergency. However, the transporting
agency may perform the billing for both the initial stabilizing medical
services and the transportation services arising from the same
emergency. <A]
SEC. 6.
repealed.
Section 14106.6 of the Welfare and Institutions Code is
SEC. 7. section 14106.6 is added to the Welfare and Institutions
Code, to read:
14106.6. (a) The director shall annually establish and update a
schedule of reimbursement rates for advanced life support, limited
advanced life support, and basic life support ambulance transportation
services based upon reasonable cost standards of the department and that
IS consistent with this section.
(b) The director shall annually estimate, in consultation with the
Controller, on a fiscal year basis, the amount of funds that will be
deposited in the Health Care Deposit Fund pursuant to paragraph (3) of
subdivision (b) of Section 41135 of the Revenue and Taxation Code, for
purposes of establishing a schedule of reimbursement rates in accordance
,lith this section.
(c) The rate schedule established pursuant to subdivision (a) shall
be designed to establish, to the extent feasible, a rate of
reimbursement for Medi-Cal benefits under subdivision (r) of Section
/~-a
May 2, 1995, Page 9
141]2 that will result in the allocation of the amount estimated
pursuant to subdivision (b), plus any federal matching funds applied to
that amount in accordance with customary Medi-Cal accounting procedures,
among providers of ambulance transportation services.
(d) Nothing in this section shall authorize the department to
supplant existing funding for medical transportation services under this
chapter as a result of the additional funds made available as described
under this section.
SEC. 8. section 14132 of the Welfare and Institutions Code is
amended to read:
141]2. The following is the schedule of benefits under this
chapter:
(a) outpatient services are covered as follows:
Physician, hospital or clinic outpatient, surgical center,
respiratory care, optometric, chiropractic, psychology, podiatric,
occupational therapy, physical therapy, speech therapy, audiology,
acupuncture to the extent federal matching funds are provided for
acupuncture, and services of persons rendering treatment by prayer or
healing by spiritual means in the practice of any church or religious
denomination insofar as these can be encompassed by federal
participation under an approved plan, subject to utilization controls.
(b) Inpatient hospital services, including, but not limited to,
physician and podiatric services, physical therapy and occupational
therapy, are covered subject to utilization controls.
(c) Nursing facility services, subacute care services, and services
provided by any category of intermediate care facility for the
developmentally disabled, including podiatry, physician, nurse
practitioner services, and prescribed drugs, as described in subdivision
(d), are covered subject to utilization controls. Respiratory care,
physical therapy, occupational therapy, speech therapy, and audiology
services for patients in nursing facilities and any category of
intermediate care facility for the developmentally disabled are covered
subject to utilization controls.
(d) Purchase of prescribed drugs is covered subject to the Medi-Cal
List of Contract Drugs and utilization controls.
(e) Outpatient dialysis services and home hemodialysis services,
including physician services, medical supplies, drugs and equipment
required for dialysis, are covered, subject to utilization controls.
(f) Anesthesiologist services when provided as part of an outpatient
medical procedure, nurse anesthetists services when rendered in an
inpatient or outpatient setting under conditions set forth by the
director, outpatient laboratory services, and X-ray services are
/~~-D
May 2, 1995, Page 10
covered, subject to utilization controls. Nothing in this subdivision
shall be construed to require prior authorization for anesthesiologist
serVIces provided as part of an outpatient medical procedure or for
portable X-ray services in a nursing facility or any category of
intermediate care facility for the developmentally disabled.
(g) Blood and blood derivatives are covered.
(h) (1) Emergency and essential diagnostic and restorative dental
services, except for orthodontic, fixed bridgework, and partial dentures
that are not necessary for balance of a complete artificial denture, are
covered, subject to utilization controls. The utilization controls
shall allow emergency and essential diagnostic and restorative dental
services and prostheses that are necessary to prevent a significant
disability or to replace previously furnished prostheses which are lost
or destroyed due to circumstances beyond the beneficiary's control. The
department's utilization controls shall not require X-rays as a
condition of reimbursement for fillings for children under 18 years of
age. Notwithstanding the foregoing, the director may by regulation
provide for certain fixed artificial dentures necessary for obtaining
employment or for medical conditions which preclude the use of removable
dental prostheses, and for orthodontic services in cleft palate
deformities administered by the department's California Children
Services Program.
(2) For persons 21 years of age or older, the services specified in
paragraph (1) shall be provided subject to the following conditions:
(A) Periodontal treatment is not a benefit.
(B) Endodontic therapy is not a benefit except for vital pulpotomy.
(C) Laboratory processed crowns are not a benefit.
(D) Removable prosthetics shall be a benefit only for patients as a
requirement for employment.
(E) The director may, by regulation, provide for the provision of
fixed artificial dentures that are necessary for medical conditions that
preclude the use of removable dental prostheses.
(F) Notwithstanding the conditions specified in subparagraphs (A) to
(E), inclusive, the department may approve services for persons with
special medical disorders subject to utilization review.
(3) Paragraph (2) shall become inoperative July 1, 1995.
(i) Nonambulance medical transportation is covered, subject to
utilization controls.
(j) Home health care services are covered, subject to utilization
controls.
/~~/~
May 2, 1995, Page 11
(k) Prosthetic and orthotic devices and eyeglasses are covered,
subject to utilization controls. utilization controls shall allow
replacement of prosthetic and orthotic devices and eyeglasses necessary
because of loss or destruction due to circumstances beyond the
beneficiary's control. Frame styles for eyeglasses replaced pursuant to
this subdivision shall not change more than once every two years, unless
the department so directs.
Orthopedic and conventional shoes are covered when provided by a
prosthetic and orthotic supplier on the prescription of a physician and
when at least one of the shoes will be attached to a prosthesis or
brace, subject to utilization controls. Modification of stock
conventional or orthopedic shoes when medically indicated, is covered
subject to utilization controls. When there is a clearly established
medical need that cannot be satisfied by the modification of stock
conventional or orthopedic shoes, custom-made orthopedic shoes are
covered, subject to utilization controls.
(1) Hearing aids are covered, subject to utilization controls.
utilization controls shall allow replacement of hearing aids necessary
because of loss or destruction due to circumstances beyond the
beneficiary's control.
(m) Durable medical equipment and medical supplies are covered,
subject to utilization controls. The utilization controls shall allow
the replacement of durable medical equipment and medical supplies when
necessary because of loss or destruction due to circumstances beyond the
beneficiary's control.
(n) Family planning services are covered, subject to utilization
controls.
(0) Inpatient intensive rehabilitation hospital services, including
respiratory rehabilitation services, in a general acute care hospital
are covered, subject to utilization controls, when either of the
following criteria are met:
(1) A patient with a permanent disability or severe impairment
requires an inpatient intensive rehabilitation hospital program as
described in section 14064 to develop function beyond the limited amount
that would occur in the normal course of recovery.
(2) A patient with a chronic or progressive disease requires an
inpatient intensive rehabilitation hospital program as described in
section 14064 to maintain the patient's present functional level as long
as possible.
(p) Adult day health care is covered in accordance with Chapter 8.7
(commencing with section 14520).
(q) Application of fluoride, or other appropriate fluoride treatment
as defined by the department, other prophylaxis treatment for children
/~-/5
May 2, 1995, Page 12
17 years of age and under, are covered.
(r) (1) Emergency and nonemergency ambulance services, including
advanced life support or limited advanced life support transportation
services provided by a city, county, special district, or other
certified provider pursuant to a program established under Article 1
(commencing with section 1797.200) of Chapter 4 of Division 2.5 of the
Health and Safety Code.
(2) All providers enrolled under this subdivision shall satisfy all
applicable statutory and regulatory requirements for becoming a Medi-Cal
provider.
(3) This subdivision shall be implemented only to the extent funding
is available under section 14106.6.
(s) In-home medical care services are covered when medically
appropriate and subject to utilization controls, for beneficiaries who
would otherwise require care for an extended period of time in an acute
care hospital at a cost higher than in-home medical care services. The
director shall have the authority under this section to contract with
organizations qualified to provide in-home medical care services to
those persons. These services may be provided to patients placed in
shared or congregate living arrangements, if a home setting is not
medically appropriate or available to the beneficiary. As used in this
section, "in-home medical care service" includes utility bills directly
attributable to continuous, 24-hour operation of life-sustaining medical
equipment, to the extent that federal financial participation is
available.
As used in this subdivision, in-home medical care services, include,
but are not limited to:
(1) Level of care and cost of care evaluations.
(2) Expenses, directly attributable to home care activities, for
materials.
(3) Physician fees for home visits.
(4) Expenses directly attributable to home care activities for
shelter and modification to shelter.
(5) Expenses directly attributable to additional costs of special
diets, including tube feeding.
(6) Medically related personal services.
(7) Home nursing education.
(8) Emergency maintenance repair.
/y~-/~
May 2, 1995, Page 13
(9) Home health agency personnel benefits which permit coverage of
care during periods when regular personnel are on vacation or using sick
leave.
(10) All services needed to maintain antiseptic conditions at stoma
or shunt sites on the body.
(11) Emergency and nonemergency medical transportation.
(12) Medical supplies.
(13) Medical equipment, including, but not limited to, scales,
gurneys, and equipment racks suitable for paralyzed patients.
(14) utility use directly attributable to the requirements of home
care activities which are in addition to normal utility use.
(15) Special drugs and medications.
(16) Home health agency supervision of visiting staff which is
medically necessary, but not included in the home health agency rate.
(17) Therapy services.
(18) Household appliances and household utensil costs directly
attributable to home care activities.
(19) Modification of medical equipment for home use.
(20) Training and orientation for use of life support systems,
including, but not limited to support of respiratory functions.
(21) Respiratory care practitioner services as defined in sections
]702 and ]70] of the Business and Professions Code, subject to
prescription by a physician and surgeon.
Beneficiaries receiving in-home medical care services are entitled
to the full range of services within the Medi-Cal scope of benefits as
defined by this section, subject to medical necessity and applicable
utilization control. Services provided pursuant to this subdivision,
which are not otherwise included in the Medi-Cal schedule of benefits,
shall be available only to the extent that federal financial
participation for these services is available in accordance with a home-
and community-based services waiver.
(t) Home- and community-based services approved by the united States
Department of Health and Human Services may be covered to the extent
that federal financial participation is available for those services
under waivers granted in accordance with section 1396n of Title 42 of
the united states Code. The director may seek waivers for any or all
home- and community-based services approvable under section 1396n of
Title 42 of the United states Code. coverage for those services shall
/r~-/7
May 2, 1995, Page 14
be limited by the terms, conditions, and duration of the federal
waivers.
The department shall submit a report, as provided in section 28 of
the 1982 Budget Act, 30 days prior to providing these services as
Medi-Cal benefits. The report shall be submitted to the Joint
Legislative Budget Committee and the fiscal committees and shall address
the cost-effectiveness of services provided pursuant to this
subdivision.
(u) Comprehensive perinatal services, as provided through an
agreement with a health care provider designated in Section 14134.5 and
meeting the standards developed by the department pursuant to section
14134.5, subject to utilization controls.
The department shall seek any federal waivers necessary to implement
the provisions of this subdivision. The provisions for which
appropriate federal waivers cannot be obtained shall not be implemented.
Provisions for which waivers are obtained or for which waivers are not
required shall be implemented notwithstanding any inability to obtain
federal waivers for the other provisions. No provision of this
subdivision shall be implemented unless matching funds from Subchapter
XIX (commencing with section 1396) of Chapter 7 of Title 42 of the
united States Code are available.
(v) Early and periodic screening, diagnosis, and treatment for any
individual under 21 years of age is covered, consistent with the
requirements of Subchapter XIX (commencing with section 1396) of Chapter
7 of Title 42 of the United States Code.
(w) Hospice service which is Medicare-certified hospice service is
covered, subject to utilization controls. Coverage shall be available
only to the extent that no additional net program costs are incurred.
(x) When a claim for treatment provided to a beneficiary includes
both services which are authorized and reimbursable under this chapter,
and services which are not reimbursable under this chapter, that
portion of the claim for the treatment and services authorized and
reimbursable under this chapter shall be payable.
(y) Home- and community-based services approved by the united States
Department of Health and Human Services for beneficiaries with a
diagnosis of AIDS or ARC, who require intermediate care or a higher
level of care.
Services provided pursuant to a waiver obtained from the Secretary
of the united States Department of Health and Human Services pursuant to
this subdivision, and which are not otherwise included in the Medi-Cal
schedule of benefits, shall be available only to the extent that federal
financial participation for these services is available in accordance
with the waiver, and subject to the terms, conditions, and duration of
the waiver. These services shall be provided to individual
J'/c:- - / gr'
May 2, 1995, Page 15
beneficiaries in accordance with the client's needs as identified in the
plan of care, and subject to medical necessity and applicable
utilization control.
The director may under this section contract with organizations
qualified to provide, directly or by subcontract, services provided for
in this subdivision to eligible beneficiaries. Contracts or agreements
entered into pursuant to this division shall not be subject to the
Public Contract Code.
(z) Respiratory care when provided in organized health care systems
as defined in section 3701 of the Business and Professions Code, and as
an in-home medical service as outlined in subdivision (s).
SEC. 9. For purposes of section 14106.6 of the Welfare and
Institutions Code, as added by section 7 of this act, the State
Department of Health Services shall adopt revisions to the rate
structure that exists on January 1, 1996, as emergency regulations in
accordance with Chapter 3.5 (commencing with section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code. The adoption of these
regulations shall be deemed an emergency and necessary for the immediate
preservation of the public peace, health and safety, or general
welfare. Notwithstanding Chapter 3.5 of Part 1 of Division 3 of Title 2
of the Government Code, emergency regulations adopted to implement this
act shall not be subject to the review and approval of the Office of
Administrative Law.
These regulations shall become effective immediately upon filing
with the secretary of State.
END OF REPORT
IL/a -J'7
CITY OF CHULA VISTA
LEGISLATIVE ANALYSIS
May 9. 1995
I BILL I AUTHOR I TITLE I INTRODUCED I AMENDED I
AS 1436 BURTON HEALTH COVERAGE: FIRST 2/24/95 4/6/95
RESPONDER SERVICES
CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM
PENDING SUPPORT AB 230 NO; (Council actionl
STATUS: Pending in Assembly Health Committee
BACKGROUND: Current law provides for insurance reimbursement of ambulance costs. Although the
first responder in many medical calls is an EMT-trained fire department crew, these
costs are not currently reimbursable.
AB 1436 would: Add first responder services for "initial medical stabilization" to the services which
are to be reimbursed by state-licensed insurance carriers.
FISCAL IMPACT: Approximately 70% of Chula Vista's fire department responses are medical aid calls.
In 1994 alone, there were 5,300 medical aid calls. With costs ranging from
approximately $60 to $175 per call, this amounts to an average annual cost of
$610,000. Actual reimbursements would vary based on insurance coverage of
callers.
Should this bill pass, any action to bill these costs would be subject to further Council
action.
DATE TO COUNCIL
May 16, 1995
RECOMMENDATION
SUPPORT
LETTERS
YES
c: \wp51 \ANA L YSES\AB 1436. ana
/ '1a ~;2(/
April 13, 1995, Page 1
lA> <A]
lO> <0]
contains added text, and
contains deleted text.
California
1995 CA AB
Amended
1995-96 Regular Session
1436
Burton
AMENDED IN ASSEMBLY
AMENDED IN ASSEMBLY
APRIL 6, 1995
MARCH 30, 1995
ASSEMBLY BILL
No. 1436
---------------------------------------------------------------------------------
-~------------------------------------------------------------------------------
INTRODUCED BY Assembly Member Burton
FEBRUARY 24, 1995
-~-------------------------------------------------------------------------------
~-------------------------------------------------------------------------------
An act to add section 1367.13 to the Health and Safety Code, to add
Section 741 to the Insurance Code, [D> and to add Section 14132.2 to the
Welfare and Institutions Code, <D] relating to health coverage.
LEGISLATIVE COUNSEL'S DIGEST
AB 1436, as amended, Burton. Health coverage: [D> Medi-Cal: <D]
emergency medical services: first responder services.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975,
with certain exceptions, requires licensure from the Commissioner of
Corporations before any person may engage in the business of a plan, as
defined, or receive advance or periodic consideration in connection with
a plan from, or on behalf of, any persons. willful violation of the act
lS subject to criminal sanction.
This bill would require every health care service plan issued,
amended, or renewed on or after January 1, 1996, to contain a provision
requiring reimbursement for initial stabilizing medical services, as
defined. By changing the definition of an existing crime, this bill
would impose a state-mandated local program.
Existing law presumes that any person or entity that provides
coverage for medical, surgical, chiropractic, physical therapy, speech
pathology, audiology, professional mental health, dental, hospital, or
optometric expenses, whether the coverage is by direct payment,
reimbursement, or otherwise, is subject to the jurisdiction of the
Department of Insurance unless the person or entity shows that, while
providing the services, the person or entity is subject to the
/~~'2/
April 13, 1995, Page 2
jurisdiction of another state or federal entity.
This bill would require every person or other entity that provides
this coverage and is subject to the jurisdiction of the Department of
Insurance pursuant to this provision to include within any policy,
arrangement, or contract of coverage entered into, issued, amended, or
renewed on or after January 1, 1996, a provision requiring that
reimbursement be provided for initial stabilizing medical services, as
defined.
[D> Existing law provides for the Medi-Cal program, that is
administered by the state Department of Health Services, pursuant to
which medical benefits are provided to public assistance recipients and
certain other low-income persons. <0]
[D> This bill would revise the scope of benefits available under the
Medi-Cal program to include initial stabilizing medical services, as
defined. <0]
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
state-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. section 1367.13 is added to the Health and Safety Code,
to read:
1367.13. (al Every health care service plan issued, amended, or
renewed on or after January 1, 1996, shall contain a provision requiring
that reimbursement shall be provided for initial stabilizing medical
services provided to subscribers and enrollees in response to medical
emergencies.
(b)
1797.72
ini.tial
(1) "Emergency medical services" as defined pursuant to section
contains several components, including, but not limited to,
stabilizing medical services.
(2) For the purposes of this section, "initial stabilizing medical
services" means that component of emergency medical services that is
provided by the EMT-Is, EMT-IIs, or EMT-Ps, who first arrive on the
scene of the medical emergency and provide any emergency medical
services needed to stabilize the medical emergency, other than transport
serVlces.
(c) Reimbursement for initial stabilizing medical services pursuant
)L/~ - )2
April 13, 1995, Page 3
to this section shall be provided to the EMS provider of the initial
stabilizing medical services. This reimbursement shall be in addition
to any reimbursement that is provided to the providers of the
transportation services.
SEC. 2.
section 741 is added to the Insurance Code, to read:
741. (a) Every person or other entity that provides coverage
specified in subdivision (a) of section 740, and is subject to the
jurisdiction of the department pursuant to section 740, shall include
within any policy, arrangement, or contract of coverage entered into,
issued, amended, or renewed on or after January 1, 1996, a provision
requiring that reimbursement be provided for initial stabilizing medical
sorVlces for all subscribers, enrollees, insured, or other person
covered, in response to medical emergencies.
(b)
1797.72
initial
(1) "Emergency medical services" as defined pursuant to section
contains several components, including, but not limited to,
stabilizing medical services.
(2) For the purposes of this section, "initial stabilizing medical
services" means that component of emergency medical services that is
provided by the EMT-Is, EMT-IIs, or EMT-Ps, who first arrive on the
,;cene of the medical emergency and provide any emergency medical
services needed to stabilize the medical emergency, other than transport
serVices.
(c) Reimbursement for initial stabilizing medical services pursuant
to this section shall be provided to the EMS provider of the initial
stabilizing medical services. This reimbursement shall be in addition
to any reimbursement that is provided to the providers of the
transportation services.
[0> SEC. 3. section 14132.2 is added to the Welfare and
Institutions Code, to read: <D]
[D> 14132.2. (a) Reimbursement shall be made pursuant to this
chapter for initial stabilizing medical services in response to medical
cmerqencies. <OJ
[D> (b) (1) "Emergency medical services" as defined pursuant to
section 1797.72 contains several components, including, but not limited
to, initial stabilizing medical services. <0]
[0> (2) For the purposes of this section, "initial stabilizing
medical services" means that component of emergency medical services
that is provided by the EMT-Is, EMT-IIs, or EMT-Ps, who first arrive on
the scene of the medical emergency and provide any emergency medical
services needed to stabilize the medical emergency, other than transport
services. <OJ
[0> (c) Reimbursement for initial stabilizing medical services
jt/~~:2J
April 13, 1995, Page 4
pursuant to this section shall be provided to the EMS provider of the
initial stabilizing medical services. This reimbursement shall be in
addition to any reimbursement that is provided to the providers of the
transportation services. <D]
[D> SEC. 4. <D]
[A> SEC. 3. <A] No reimbursement is required by this act pursuant
to Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government Code,
or changes the definition of a crime within the meaning of Section 6 of
Article XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
utllcrwise specified, the provisions of this act shall become operative
on the same date that the act takes effect pursuant to the California
Constitution.
END OF REPORT
/y~-~~
CITY OF CHULA VISTA
LEGISLATIVE ANALYSIS
May 9. 1995
I BILL I AUTHOR I TITLE I INTRODUCED I AMENDED I
S 754 KENNEDY IMMIGRATION AND 5/3/95 --
Co-Sponsors: Simon, NATIONALITY ACT
Boxer
CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM
PENDING NONE NONE YES; II.C.3.a. (Watch)
STATUS: Pending in Senate Judiciary Committee
BACKGROUND:
Over the last two years, there have been a number of federal proposals regarding
border crossing fees. In the range of $1 to $3 per crossing, these fees have been
held by several groups, including the Chula Vista Chamber of Commerce, to have a
chilling effect on local businesses and cross-border commerce.
At the Council meeting of February 7, 1995, Council declined to take either an
oppose or support position on border crossing fees due to lack of information on how
they might be structured. Council instead took a "Watch" position and asked that
any future legislation on the subject be brought forward for their consideration.
S 754 would:
Among other immigration law changes, establish a "Border Services User Fee" in the
amount of $1.50 per vehicle and $0.75 per pedestrian. These fees would be charged
at each state's option at the ports of entry determined by those states. Funds collec-
ted (less federal costs) will be used to finance port-related enhancements. According
to the bill text, funds will also go to ports which do not participate in this program.
Funding priorities are to be set by a Border Service Council, with three representatives
of the state (appointed by the Governor and including at least one business
representative). three local representatives, and three federal representatives.
The Legislative Committee recognizes the "option" provided by this legislation, but
since this is an option to the states, it effectively ignores the concerns of the local
communities. Additionally, although the bill says that leftover revenues would be
shared with non-participating areas, the implication is that we are being asked to
"either impose an additional border tax on ourselves, or see no major improvements
at our border crossings" (Congressman Filner, Star-News, 3/11/95).
FISCAL IMPACT: Local border crossings are estimated at 5-6 million per month, with approximately
40% of these trips for the purpose of shopping in the San Diego area. In Chula Vista,
it is estimated that 30% of retail shoppers come from Mexico. Especially with the
recent Peso devaluation, an additional border crossing fee would significantly impact
local businesses.
City Council
May 16, 1995
RECOMMENDATION
OPPOSE
LETTERS
YES
DATE TO COUNCIL
l'Ia~~
C:\wp51 \ANAL YSES\s754.ana
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NOTE: The portion of S 754
border crossing fees starts
dealing with
on pg. S 6105
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~~y 3, 1!/~5 ':'.;;; ~ ", -f?N.~IlESS~QI<:1AI: ~C~~7""~E~,A~, '. " .~6093,,;yil:
: '1 ~ommeDd the A4m1n1etre.tlon tor 80c 107 I!&nctlODlApJDlt COWltr1e8 1181\1.. tlm. \aDd bord.r IIlIJlOCtOn -lCDed to &C'.- .._;'.4
their !mpreeal~ lDltlatl....,1mm!rr&- :< :<i'"",., .q to Accept 1leportet(oD or _ dut' 10, .tbe JlnmlrratloD ...d !lata.,,: ":\. .
~OD ehould Dot be a partisan \eeue. In .';."c , n.ir Natlollala. ,. , ..I....tloo llen10e to a 1...1 ad.....te...... ",1:...
. the - weeks ahead. _ J look - forwa:rd.&o Sec.~. ~ of Aliena Oouytct.ed ~ k. 8W'e fUll etamnc of all border crou1zac Ia:D8I "- ',.+::""i"
k1 . cl 1... with Be - tor s . -' ... . -.... ~...Iied Fe1oD1_. .-'-'-':: DOW 111 ..... IQ2der corastnletlOD, Of' ..~ . ~-
-wor DC 088...., _ na. DIPBON~ 8ec". aae. LimttattoD.l OD Re11ef frrom ZaclQ. eDDa1l'Uct;100'" bleD -autbOl1sec! .,. .COIa- ," __~.
the cha1nnaIl of the Jud1c.Iar7.8ub' .' .sloD and 1le_tlon. creaa.' .. .' .. '" :; ,;,.~
commlttee on Immlgratlon. aDd WIth 1lec. 110. _USOll or LawfUl _t RC. _ INCIl&AIIED ftNAL'IUfl roll rAIUJD '"
. JDIJIY other colleagues DD both aid.. of ' .' . '_deDt a~toa " ' ' -' _ . 10 DEPART, DUGAL UZHmY. AND .' &;
, . the alale to bring ,blpartlsan leB1B1atlDn _ Sec. Ill. lrlc:ror.al.... BIIlcl._ \0 Il.omo9al or '. . PA88POltT AND \'lSA n1AVIl., ".
before the 8ellAte capable of de&l\oC'" Detalnocl All.... '.. .... '. laJ Tbe VDltad Statoo SeDteDcloe Comml..
with the &enoue cballengea we race . ' 'TlTL1I: 1V-ALmN 8MtlOGLINO OON'l'BOL alOD _II prompt1~ \II'OlDu1cate. panl1&Dtto.
o ...... . -. V.S.C. ... amendmenta to the 8entencm.
I uk Wl&IlImoue OOD8eD't _t a more 8oc'. 401. Wiretap AutllorltT for IDftOtIp. .'lUId.IID.. tomak. appropriate ~ 1D
detailed II11IIIfIW'J' of the bID may be ,.,: tIom Of Allen BlDunllne and tIl. _ offeDle 1...11 for Oft......Od.r ...,.
printed \0 the RIIOORD. along wttaJ the Docum'Dt _ud.". . tlOD !M2(OJ and 276<b) of tlIe Immlrratlon &Dit
. &ext of the bW lteelr.. . '. : Sec, 4112. AWlrloe Il&ck.taer\ne Olf.... ~ NatIonality Act Ie V,S.C. 1252(.) and IlI:t6<b))
. ,-There belllll 'no obJeCtion. tb-e -mat&- AlI,D flmunllne. ' ,to refiect tlIe am'Ddm'Dta mad. br 1IeCtIOD
, rial 'wu ordered to be printed \0 the ,Sec, G. .ElllllJlded AeMt Forf.lture for 1l1OOO1 or tI>e Vlol.Dt Crlm. CODtrol and Law
REco fon' . .,' -- . -- , SlnunHoe or II&rborloe AlI.DI. lCnforcom'Dt Act of Ul94. Pub, L. 1-. UlII .. '
'-. 1Ul..ae 0".,.,. ,~.';-' eec'4lH _ CrImInal P.na1tIe;o for Stet. 1'196. IIl23 (l!ept. lS. Ul94). " ,-
:"c,,' lI,'I5f - ' ' '. AH'DBlDunllne..,. , Ib)Th.VDltadBtatooSeDteDclDCCOInmIo-
Be u nocted' IN tile Senate tmCf Houe oJ Rep- 8ec. G. UD4er'COftr 1DYeIt1pt10D a.ut!lor. . "'01:1 aball promulcate. pursu&D.t to 18 V.S.C.
-- 0' tM lhlUod .!ltaIes 0' - ,. 80c _ ..;..It'd'~ Dell ItI -.:. .'_.' IIIK. am'Ddm'Dta to tIl. "DteDcloe IUlde.. '
Ccm1'raul_mbled . - ....lDen VIII n OD.VI ............t.ed Un" to make appropr1&te mcreues 1D tbe .~
-8BC'nOPI1.180In"nn.a.- ... "elou . bue offeuM level. for DtreD.181 under 11 ::"-; .
'TbI. Act ma)' be c1tad u tIl. "Jmmlrratloo' ',- . 'TlTLEV-INBPECTIONSAND' lJ.S,C, 1511-1&46 to refiect tIl. am'Ddm'Dta',. '"
Enforcement Improvementol Act 01 U&60.... ',. _.. -ADMISSIONS. 4 made b7 8eCtiOD 130009 of the V.101entcnme.. _....-: -....
ac.I.TAIlI,KOFClOIInN1'& '., Bee 101 Civil Penaltlee for BrlnelJlC 1Dad- CoDtrol and. Law EDforceme.nt Act of ~ .~:::.
, Tbe table of _teDte,for'.."t. AeJ. to:u fl>1. . au..lbl., All.... I1'om ContlC. Pub. L, ~. lll1.Stat. .1'/1111, iI030 1ll!J>t,U,-- .;.-::..
~ iewL ..- . . .. ,"' ._'_ '-,~.".' . 4IOUITeiT1tort... 1191). - ....' -. . . ..-'.-..~
"See t Sb.orLTi~e. .,' .~..:", ~ . . 8ec so2' oefinitioD or Stowaway; Kzc1u4- 8C. 1& "PILOT PBomwI ON 1N'IZRJ0k 1lEPA- . .-:-. ~.
"8ec: i Table or CoDt.ente _ -ab1llty of 8t.ow&way; Canier ~~PORTAlluoaa. '~_ ~
TITLE'I-IlORDER i:NPOIlCEMENT '. . ',' , . .-LI&blllt~ for jloeta ,or 1leteD. . (a) BeTAJluatDIEIIT.-Not laiei- th&Il 110 ~..'
6ec.. 101. Autllortu.t1oa m Border COntl'Ol Bee. 103. i.aat.~~AlleD aid ~l~D- pU.~ 4&y1 aftet' tbe"d&te of eD&Ctment of th1I Act. -
"Strateciea. . . ArrIriDl or Del*l't1nc. 'die Attorney General. after conaultattOD~. ,--: '".
~. 1Q2.. Border Patrol EEpane10n .' Sec..IIM. ,Ellm.1D&t.lOD at J.JmttatJODl on 1m- "ttb the 8eeret&rJ' of State. may ur.ablllb a ":"..:..-'".
~. 103. Land Border In.~tl0D Bn.banoe- . mtrn.tioD UHr Peel for Cert&1n pilot srorram tor up to two J'e&rIwh!cb ~.:- :~ ","
. 'mentl. .' -. . _ Cf'uiee8h1pPueeDpl'l "'deator1nter1orre~tr1&t1on&Dd_otberdS. .:;~.;::
Bee. 101. ~reued ~t1_ for PaUUN co see: 505. ~t1oD LiDe Relr.o8lSbfiJt)' 1noentlveI for ml11t1ple UD;J&wtIl1 e~tne. m~"'f ~
, Depart" Inepl _DtI'1,. and . for TraDllt Wltbout V.... tlIe VDltad Statoo" ..... -",,- . .
. Pulpart and V.... _ud, '.- All...... . . . lb) ~.-If tIl. Attorn.y C]eD'ral _ . ~:c 'c
Sec, 105, PIlot Procnm OD Interior 118patrl. 80c 106 Autborlt,Y to Detarm\o. Vlaa Prot. Iablloh.. eucIJ a pilot procnm. 1I0t .tar '.",
'-,- ..tlOD of Deportable or Ibclu4- -' -. ..1D1' ProoedureI tba.rl1 7'N1'I after tbe date of eD&Ctmentof.....:..._ ~ :.:~
_ pl. Allene. - 6__' . dU, Act, tbe Attoney Oener&1r tocetber .-:.;;:....
Sec. ltII.- 8peclall:zcluslon tD ~ .-..1111. Bonier Sttrvt08l U.. P.. ~ with tile 8ecret:.1..17 of State. Ihall aubniJ.t a -:'-:;:~~
MJcn.tlOD 8itoationl. . TITLE Vl-MlSCELLANEOtJS AND...:.. report to the committees OD the Judlc1&ry crt . ;-;_
Sec. 107. lrmn1srat1oD EmerpncJ ProY1.a1ou TECHNICAL AMENDMENTS . the Houae or Repreeeat&tiveI and or the Seoi' -: :',.:':' ~. .
.8ec. 108. Commut.er Lane PllotProrraml. -8ec.8)t_'AlfenProetttuttoD,' _ .~':' ;., ate on the operation or lobe pilot proct"am ~;~..',--;:
TITLE U-CONl'R.oL OF UNLAWFUL Sec. fID2.Granto to Statoe for MeaicalAlaI." lUld.r tIIIo eectlOD and whetller tIl. pilot __, -, .. ,,'
EMPLOYMENT AND VERIFICATION - '.DCO to l1Ddocumented Imml. ...", or &DJ part tIlereof ohOQ\d be uteDdeII ..' '.'-
sec. 101. Redoc1D1' lobe Number of EmplOy.' . '..-~ P'&lJ:t.I. '. .01' ma4e perm&Dtlnt. . . -' -. ::_::<~Y-,~;
. , ment VenncatlOD DocwneDtI. 8ec .103. Technical Cl:nTectionato Violent .-..:. J" 8I"KCIAL DCLUIJION IN UftAOR.. -_'7'~'
6ec; '102. Employment' Verification P11D1..o;. Crime Control Act ud :recb- .. ,DlNARYKI<?RA11OH amJA'I'IOfl& "--~:;' ~.:~.
. ProJectl -.;' ,- . meal CorrectlO!1l Act. . . 8ectiOD 23S or the Imm1cTatlon and, Nation. .::......-l... ~
Sec, 103, Confldent1altty of-'Data Under Em. :- 8ec,I04..ExPeditious Deportation. .. _ &lity Act (I V,S.C. l225) i. amende4- ,- H~~ :.:':.~-F::<
pIo,m'Dt EIl&1blllt, Verlnca: Sec, alii, AutllorlatloD.for Vee of VoIWlteel'l, la) 1D .0beectlOD (b). br \oaertIoe at tile ':':" ,:..
. _ ,.-7 tSoa Pilot ProJectI. ., ~~.; :~:'~~ .... 2"JTLEI-BORDEIlBNFORClDIENT,. ~ Cbe lollow1Dl" Mntenoe~ ult the a11B11JIIII'~_.~4'"
sec. .~lIectlon or 8Qc1&1 8ec~ Wdm-..._ _- ~T1ON .oa 8ORIJEIl- a>>,' aiTSnd from a forelCU ten1tory ()On~~ ~j;--~_
. . - 'bera. '..._ ',,~. _ . ftOLlTRAftGmIL . __" to.tbeUn1tedStatel:.e1theratalandportof ~...;.-
SeC.... >>nplOYff 8&nCtiODS ~nalt1ei1. :. . There an authorized. to be approJll1&ted to eutry or 00. title 1&Dd or the UnJted 8t&~ : ~--::..~~~
Sec, 10fi. CrImInal PeD<l~ for DocumeDt the De-~-Dt-of Juotloe eucIJ fuDcIa u _.. other t1l&D at a deelpatad port or e'l>7. th. ,', ,"
...... _od. " ~-- ,- -alien may be returned 110 th&ttm1toro peDd. ".',~..:
-6ec. WJ'. CivU PeDl.1t1e1 for DoCument.Praud. ate De08I&IJ'7 CO pnmde tor up&DIiOD or ef'- '.1111 the inqutr,-.... . ...' .;...- ." ~ --,..ty. "'.":' ~', :--'-:.'~ -,;::..-:.
Sec. D. 8ubpoena Auc.tlor1ty:. ~rtI to Jll"event. m.l imm1rratloD tbroug-b '(b) by addJDI' attobe end the 'l)lloWtnc ..':-:5:.-:-;.'
. See. D. JDctw.I;ed. Penaltjea for Employer direct 4eterreDCeat.&.be laDC1laorden of the IUbMcttODl (dl&DCf(e): '. :::.' c ,:...;~ ~,...,..-...-' ,: ; ~-~
. "8o.nctlOIlO Jnolvilli' lAbor ~Dltad Statee, '. '. - '~d) 8P8CIAL Bltct.tr8lOR ",. 'BlmlAo..- .; -,:'-.-,:
~ . .Standards'VlolattoDl. .'. : ~t"""PA1!lOL~ ..~. .,. -" .'lRNAJlYMIORATtOM8ml'ATIONI.- -'.- -~,' :'~"':'
\l!lC:~O, Increued CIvil l'eD<lee for Unfair ': "l'b. Attorne, General. 111 -_b or ,f1ocii1. . """(1) NotwttllotaDdloe tlIe provislo....oriec-' .
1mm~t1oD-BeIatad Jlrnploy. '7Wo"Illl1!6. IlIS'1. alld 1998. oIloJI IDcnae 'to '1:IOD lb) or tIIIo eectIOD and or eectlon :ts6. tIlo
. _. ment Practloel. . _ tibe ma.xlmum en.Dt feasible and coDa1lten~ Attorney General under lobe ClreulMt&ftcee ..- --
Sec. Ill. ReteDtlOD of Emplo~.r 'SanctlODl .W\tb .tau_ or prof_ollOllom and tnJD- _bed 10 .ubpo.narrapbo IM'or (B) ma1. . ,,: __
. - .FlaN .Ior Lt.. Enforcement me NQuirementl. the number or tull tDne. Jr1tbout rerernl to an tJnm1gTatlOD 31ldn, ,'~,'" . s
..,:-P'w'poeel. -_ _"~ - '_ . . act.ive-d.u.ty8or4erPatrolawentaby Dt)rewer order the eKchmon and d,portatlon of-u"- :-.;,~,?"{,
Sec. m..Telepbone VerinCltt10n System Fee. tban 100. aboV"e tbe number 80 .ucb &gente.on alIen wbo appean to an ezamininc Imln1poa'; ,::":"~r _': ;
Sec,.213.AuthorilaC1o.aa... " JlutyattbeeadofDlcaI7ear11l85,...eUu tion omcer to be e:a:cluc1able, Tbe Att0rDe7,~~..f .-.
nTLEm-JLLEOALALlENIlEMOVAL '.b!re an appropriate Dumber or 'perocmneJ Gooeral_1I br recu\atlOD ....bUlb a pro, .' " . '1.
SIc..IDI. 'CI'I11 Penalties Ii.Of PlJlure to ':0.. Deeded toeupport theM ..-entl. . . cediure for lpeclal o,rdel'lorexclusJon and 4e--- . .~. -_~~:.'
. . .. . opart.. p '. ,-' 8C. Ja LAND aoItDal "---..nON DiIIANCS- pertattoa under tbI. lU'MectJon when. tD Ule --.c:' _-....:
Sec.4D2. 311dk:1al Deportation, . '.' .. M&NTa...)' -.' cue or an alien wbo iI. or altem w!io'are u-~ .: .~.~.,--,;;
Sec. aos. ,Coodo<t or Proceedl_ bJ EJec. . To eUmlD&te IlDdoe d.la~ ID tb. tIlOl'Ollrll c)ullabl. _or oectlOD 2I3(a>-, - '''1-
~' ...... troatcM_na.' .:~:;''''~ ~ '. iDlpectlOD i)t peatOU ~ ,..bJclee "awfUlly "(A) '!"be AttorDe7.General determ.IBe1.' :_~'.
Sec. lOt. Subpoena Authority.; .. attemptlDl' \0 entMthe tJnite4 8tAtes, the tbat-1ihe numbers or clrcwnstancel or aliena '- - .~, ,
Sec, 305. 8t1pulatad EzelDOtOlland Departa., Attorney (leD'ral, IDbJect to approprlatioD eD'route to or arriving ID th. United 8ta,.., ,,_
.' tlOD. ',' . .or evallablllt~ or ruDcIa In tIl. Border Serv- IDChlllloe br elrcralt. _.t an enraor'.. '~'i
Sec, 106, 8treamI1nlnc AppeoIo Ironl <IrderII 1_ Veer .... ACllOIlDt, .baD In..--", lis- d1DarJ mlrratlOll .Ituotlo.: or ' ': .".. .1
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t.ronIc reoordI or-~ DlS aDd t.III&SA fer the D*tioul. ~ .I*'UII.DeDt-....adaDt. .. of such Ac\ aa further amended bt 8II1JdM, ,..' _ .,
'. ......- at _ audl_lar..r\AoatloQ otllor '1DJl1_t'autIlorlaod~.1l. &D4 wJao ....000.. _ ~oI. moo...... _ -nlM. .:....
- ef'&mplo)tmeDteUai_1UU_' - " .'.- ~.'. _ _._ ..ull'JectliO.ork~iQA~ "J7,OOO"and.~~...I"etI*lfolHl,.. _.- ...._.... :...~.
. 'lbl no pilot ~ ~r_ to I.... IlIl4or_tloD:Il2.llall.llt__ullldl. ..,._CIlDIINAL.......u.aFllR.............. " >'-=
,:8eCt10D(.)abaJ1beconducted.iDllUca,ll[tC&~ ~.muSer-..u.a,c..i5IN&)(2),_t~, I"RAUD. _ . .-.": _'\.:~'. _1-:'
&IODo ADd _ _b """,lJor..r .upIoy", II . wi'" _t to __....- kq _ __ ...) PIlAw> ..." _ DF 00_'" .: '.:" .
la cons.llteDt with thelr pUot ltatUJ. ~.~ iilon. --- r . . ~, . '. '. IUID IPDmncATlOti Qx:uIIIEN'na, I: IctiGD 7,~.-:'
. 10) The pllot proJoclo .._ to'bat>- ~l) For _l>! tIllI _don. _ i'oclo<d' Illl8(bXI) at title II. Dalla S/.atoo~. .. _ '.'
action /.I) oboll Ilos1D ....t !&tor tllo.n U' oboll JDOIB AD Item. 4OlI.cttoD..... 1T0.... _docS b.F otriklDC "II" YMrO" ud 10_,.' .
. manthl.&R.ar .the Aft.l't.ft'lf'l"It of t:.tIB Act aDd or 1DranaaUcm, a.bo&at..aD lA&v1dWLl tU.t. iI .. 0')0 peaa aDd ~,'a441... at ..... _4, '* ,
may CODtlrwe Im'. perj.Dd Dt 3,ear1. J)uC.DI" created, ft\.(nt..l........ar lII84 Jil7 & t'MeraJ folloWlDI Dew ~a10D:'- ,', ..... '" .~'.
t.he pllo~ project, the Attorn.y _ol .boll oconer I. tile........ or a pllot poloct !Ulder ")lotwltllotoUl... uy e\IIef ~ Of. .
'1Dck COl'l'lpl.il"lt.a or ~Zl ,&l'Ja1nI" ~t101il; _ UiJ mak. & ~ 4ar.ermmatLoa 1ioIUa 1'Jt.l:e. tbe tIIUimam term 01 ilBprt_. - - ~.
from tbe &4mJn1atratolon Dr uIor-CeD'aAt Dr ooaCle!'D1QC All ladividuaJ.'. ..tJaQr1at1Q>> t.b 'mlnt that may be 1mPONd lar ... 4iICfeDM
. _JlIlot JII'OJoet, Iiotloter tIwl SO dayl prior _I< III tile tlnlted 8_ and tl>&t ~O._ aa.nlllo 000liIGD- . .
to tho conoIullO. Or r.1lIo $-YIllT ~04. tile .....lIldlvlduol.. nome ll<l~llC nWDl>or. "(1) troommlttedw racUU_to a lIr1It-tnl- -._
. A'tr.orner~'oraI .boll ...bmIt t.o tile Don. ormbOI..... otbor ldontl!61nl partjA>DIor... IIeklni.nmo (&I 1IoIlnH.... _)1 \0 15 .
IJ"eIl . "POrt DD the pilot JIl'OJectl. ~ J'e. Nnecl to tile iHivi4ual. . . 7ears;.Dd . . _ 0 . ._'
port. ,ball tDelude e9&lu.atlona or eacb or tbe .(el) neDlvar All -lIlPlefw ~ ether.p:.l"8Qa.' '. 0'43) If committed to tacWtate All &at t:;tr
'plot proJeetl: &CCOr'ditl6 u)!;be, rollOWlnI crt. willfully .nd know1D1"Iy- '.' ';, -. international terrorism {u dennetl hi -.e.
.torio: 00It ofroctt..nOD. 'tOeIu>Ical fooolbll- -l11'1oclooN or_ lDIormatlon rm a JlIlT- u..:I33l) \0 III ,.......(1l) aw<o.. 1'1> TIlE
. . fty. ....1.....00 to /rand, _Ion or con' ._ _ ......~ ~ _ _ ko__CINO Uv&IA-PllnuDt to __
_ntI&1!1;y .... ~. ....a _on _...,.... .' _ 191 at LItle II. VaItod Statoo Code..... _. _
_loot _. aIlII wlllob __. . - (2) r.ll. I<> ooml!ly with a _umm.... of 5100 21 of tIo. 8elltoDeqAct at .1117.* . <."
Ira",.. _.Id lie 111_. . . '. Sloe .......,.,.., __ _ to ..booctIo. United _ 6oatonclnc oommtoalOll 0II&II
-<<, u.,.. _etIoIt of - ...~ __ 1111" '. ~ promptly promulrate CUlde_. ... __
tly ."booctlo. (c). tile Attorn.,. _ra1 I. _....Uco atllI ~.,. r.,. _ MmInt. alaI_ 1DIdoI!_. t.o lIl&l<e ___ta !D-
.ut.bortled, to _htn. tmplemeDt&.tlGll on. cratJve beanng coa4uct.ed by the 'AtWmeJ' . Crease. tn ~ bue offeDH levea for e<<_ ~,;:.:.::'~
_~OI.iJM1af<r..~periodofl)"a1' GaenJer1il.n-.........r or.aoc.1Secu. .ao4K-.88CtSaD -_'a.)ef 4itt.le .aa. ~Md:;.'_-~-:
~ .ny or al1 of tile pUot projectil &'Qtbortaed in rtt7... &JIPI"Opr1&te. or by . ......nee. tIM IuS:eI: COde. 0,: . . -.' - .;<
nbMctloD (&). Tbe At.toI;DeI GeMral allan employ.. or.ot1Mr pen:JD 1rb&l1 be eubJect ~ 8C. 117. .cIVIL NNALtta ... ~
tIlform Coqnlll Gl a decielOD t.o uereiN UU. . ~Ylt money peD&1tJ oJ. Dot ..... tU.Il C ODO ftIMJD,. . "- ~ -.
authority Dot later t.b&D eM end of tta. ~ DOl" more 'Chas m,.800 for -.ell tftolatfoXl.' ID' (.) AerrVmr.a PRoIIIBJTED.....sectJo. 27fClAJ :-~, '
~- pe<Iod opocIllod ID ouboocttoR (<:l. ....nnhllDi _ amount or taoe pell&!1;y. COIl- ., tile 1mm\c1'aCIO. ud ..tI-'1.,. .- . (I . <_
(e) NoWng 1D tb.1I IeCtlon. ah&ll exempt 1114eN.t1oa sh&ll be ctft!lllO tbe totelrt _ tM 1US.C.12!fQ(.U. -- ",1 _ . ...._.. .~_ ,,:;~
tbe pilot projlCtll lrcmlB)'and all.ppl1ct.ble peroo. commltttnc tile Yloktl..... _1_ . .11lbr llirIkIDc ....... atlill..nd"~_" .'.- .
cl~l-rirhte ..., klclad1nc, h1rt Ilot limited of the .sot.ttoD, aDd. .a,.IUBt.0!'7 otpreviOUl m -. '. .:..'"
to. SectJon 102 .ot the ImmfCratlOll Refonn ....01 tiN _ tlte - .(:_ by 8trik:t.Dl' tibe jtel"lod. aad been;tac - -",,,_, ~o
and Control Aat or t9lS. u amended: 'T1t1e (~ _~,_:' I ~:...... '-_1\ II It"" .... at. dle eD4 ot~ (t). &ad ... , .-
VD fit me C1.-il RJcbtll Act or 19&4-. a &mend- ., a~ D ~ ~IOIII ..... rn \,out . ~ --... ~:::- -...
011 th 0- D1 rlml tt I _pi t rlib" ..d remodlee _.. aftll.b1e \Ie (3)_ o4dl1ll' o.tlille..d tIo. fo1lo1rlDr. "..
A~ ore 1Wz'W .. ~. :e ~Ual ~:t V.8. ctt1uDa aDd 'laWful ~Dt residents ~5) liD ~Dt Wore bo&rdiDl . ~ Or
. .' _r & D.II.C. _. oarrt..- far t.bo purpcoo 011 _DC '- _ < .
, ., 1183, .. .1ftellded. ~ t.lte Ame!'1QU)1 with in Nothtnc tB tlbtIlleCtt.O'Il. 'Or'!n wetlcm 2)2 D'.afad 8:t&t. . doc1Ul\.Mlt that ..1...... to_
~~~~litle. Act of lSllO. &81 ameD4Sed, -I_A ...U tie c-__to. ..ed 'to a1ltb01'1ze. '1tlrectl.y or alien'. eJJctb1UtJ' to eater the 'Called ~ -----.-.
"".,.LIiI-OODcku:!t.t-. t.be pi ot P~n::-.1IJTivu. indirectly the ialuanoe ef Me or nat!onal _d to fan ~ Jlr'W8'Dt.uell doeumeBt. to.. . --,'>
.. 1D ...~tIoD (.). die Attonaey General. i..a-t1n t1' ~_ or_ ~~~ r ImmJI'1"&tJOD omoer.- urI..... at & Olll... .,,-;..~
may reQuire .ppropriate notice to prospeo. nR:l.I ca on ~ ntatme",""ent 0 a -- -1 . .::.....
. 'tift emplo,.. OAOern1D1' tbe' employers' Dl.tIo!1., ideDtifl.eattoll eanl. atAc. pert of fttl7. er, _- , ...:.....,.;.
..-tIel_on I. _ pilot ""'_. Aay __ .." _ ~ CIP -...,.,.",. "(11m ..cI<leeIllt~ III tM lut _. ... ..
tioe lhou14 OODtata iDI~t101l tor QUae .' NlIJOIER&., . ... tDformatios it faJ... 01' 4081 DOt rei....... _ ~ _' .' .
'eempla1Dte..nUl tlle AttanlQ oe~... ~ 8ectiOB tIN of''the Jrmntrnrtton j..ne. N&'ttol1- UIIe applle&lrt. to PNPAN. tID ftle, or to..... "_:~ 'I~
~... opet'Il;ioIl 01 tile pilot _to. la.. amy Act ro.e.$'. IlIOI) 10 amended by add..... another III preporlOC or fill.... -- . ..-~'
ilI_ 4lac:rlmJD&tklIlIa tile Illrloi _ fir. at ~ ODd of ___ _on (1') \Xl aad oS whlell.... _Iy -- _!Mnc - -..:. .~.""
.ingofemployeeeand.ppUC&DYont.be..... follon:.;- ..':, ...... lImtted.to1Socllme:DtI~i5h'COD:!a1Dfa.1a1D-- ---:.'-:~.~_
-CJI .rau.. 'UUDMl 8IiIiL ... """-'-lWltIip ItlI.M -~f) ~ aJJ7 Clthllr 1If'OYtsl0!l. lormatJoll:. material ~tsre.PI'Uentat1cm. Dr .: -;::...~;;;:
&DI. dtl.w,tbeAt.&ior'aqGneraJ."aathOrizedto tDfonnat!oDwtlichdoetBOtTelateCO~&p:- :~.. ~-'.
. ~ 8C.....QlNIIID&N'JW..l~~~' I'OQJ11re Nl7.aJ~.t.o pmri4e~ &l1e~" fio.. ,:=:rof':..~~-~:~~-~~-",~
--'-'1:- .. ....r.J..01JdN1'...,IG .PI'T -.all'JCA., aIa18ecuJ:1t7ecooUDt-~torPJJ'POMlGf .' . .' __->n.r~ .
..-...____.. 'nOPIPIJ.OTPNloIIOCts. lIlelUalo.'in any rocon! Df tlla'&II&n~.' ''n>o AOtonley _ Dl&Y _tlla _-..... ..~:.. ,
(A) Any pel'OOllol ~_ alItaIaad ill 1&1..., b.F tile AU<lrnaY 00_1..-. .. . altteo Df tllIo _lJon :trlth DijIoct 10 ~",,'i;.
connoctto. a1", . pllot JlTlIjoct unclor aotton -. _ BIIPLOYU IIO>IC1IONIl n>w.1Ua. &ll8n who knowlDil,y vIOI&t.oo Il&l'OClioI>h Di}U -. ~';oc
..-z IDI,J' ....t be mode.vallabl. to ......",- (e) lNC'RU&"" CMl. No1m' I'EIW.TD8 _ J:IlO ~ Jo lIIll>ooQue.tly ...."tea.aQ1Dm _-'.f, ,-
.. lDeut .pltcl.ee. ~J'en. ar lither J;lez:acmtl JIiB.OIQ" ~ AIID.R:EFI:&&&L ~10LA. UZl4erNCtlOD" or w1t.bholc!1Dl o!~-,--"~.-:.."
. -'e~eept too tbe IxteIlt.nec:eM&l7- . . .. U>>IS.-iieotJOD ZlW.X4J{A) or tAle lJimicra-- -cl0D.Wl4er MCtlOD 213Ch)~ 'or tbe PIUPCIII8IQ( '..,....;,:.0:;': .
. (l)",ftril) t.botan employae 10 not AD IID- .ttoo .and No,ttoaal.l'" _.- ""'.6.C. tllIo eoctlon. t1la phzue 'fIlao1y -SIU' ...':-::::- .
'a1ItllorlMll o1lOll.{u deOnod ID ooctIan IIIlf('X4)(A)) \0 _doa-. . ., . _.....Dt' bIclu4eo the praporetllln <<1lIX>OV '';''-
27Ul1>J(3) Df tile lInmIiralJaIi and Ii.~. m I. cia.... (II. Jl,lU1ItInc _.. aad alD. or any docljJDent'DIQulnd 1IIldor'J.IIIo . ....-..
It)< Ant (lll.!l.c. _XlI)); ."12.000" ADd ~ _.. ~ ~A\lI8:~ Ant. Il1t.b knowIedp or In recI<l... ~ .' -.
_.(2) to take other AOtloD~1I!nICI tD aan:J .-...pecCtwl;v.; ,. '_. . '_ Of .t.be tact t:bat aucb c1Dcument nftnt..t... & -,' "~~'.,
out oectIon _ or '.' '. _ i2i . c_ "'I, Ioy ~ "12.0&0" ad foloe. lIetltlolll. or trlludulont.ar.atealeDt... -"'
.tll) to onforoo ....~on Iild N&tlOn. ~15.ooo" and tnoerttnc ''J3.ooo'' ...a.'_", Ill&t.oJiol .._on, or 1111 Jill _'m . :.~-
ol1~Actl111.S.c:.Ulll.tlOll.)..._tll"". __;MoI ',," ,,'-... ". . kworfact..<<ot.borw\oer&lllto._alD&' C<~.'
m: IDOl. 1-' 16lG. Dr IIl21 or r.uJe 11. llnlted '.llIJ *' _ (lU~ tiT ~ldIw "S3.ooo.....d lOrlolllict portaInIDJ 10 tile aocum&llt.'~ . _ . ."
Statu Dod.. . .... "'10.000" ADd ~ -"000" ...a .lb) ~ AIfDIIlMEN1S Fml ~ -..~".
(b) No omplo.JOT IDI,J' par'tlclJate (D a JlI10t "1ll6.1OO",roopoetIflIT.. .. . PE><ALTIll6.-8ectton 2'It(;1!lJ(1) or.... tmrnI, . .'.'. .
~t uder oectto. ~ unl.. tIl. employer (bj JHail&411BD CIW. _ _AL'lDIl _ ptJon ...d Notlllllallt;l' Act (I ua.c. . .
1loI1. pIaoo BUcIl JIfOQoduroo &I J.be .ur.orney P........_ V.............. _ ~l" D:/o{al\3)) \0 amell1lod by I1ZSkInc "oacb __. .. ': :', '
oeneralllb&ll _.w.- '_ tile ImmllT&t1o. _ tiatia!!ellq AS i. _; uoea. ...,.__ tit creeted and _ '...,:;
1'1) 1lD ataaua.rd All penow'- lDformatlQII: U..s..c. J324&(e)(,5l). SaDWlded tw Jlt?tlrlft( ftwt.ance or UN. &coeptauce, or cnII&tiou- JD~ :.J;..... - .-
._ _orlsod dlJclooure and cen4Won "'ll1II- ana .~ ~ .~ ''IZOC)''.... eocll or tho two pIo.ooo n IPpelDl and _ '. ,-.-
rodloc1nouro or oucb tnformot.IaD. 10 &lU' per- "15.=', ~.1T. .... .... . ..' IDi ..ootIl dQcument tIlat II tile .....t.0! a:. . .C:;: .,~
MID ... ..tJl;y _. I.. ocr_nt alao to [<:) ~ CRDfDW. P&>w.m.& ...,.. O101lt1onnnaerwbooctlonlaT.'.:.. -'~"'~"-.t!
' aa:tepard RCh JIlformat1OJ1; u4 . PAT'lDN .CIa J'uC'JICI: V1o~'DCWB.. &etJOD 8IC. -,1R1IIPOI!:NA Atl'nIORITY, 0 -. ',:ol:._~::~~'.', :,':," r
,12) tQ pmvla. "~lce &0 aIllndlvlauolo n! Z/U.O)(1) l>! tile lmmIcr&tIlln and NatIonal. ola) Tuu,~..TIDl' 0IFIa.a AlmIlIIllTT.:;-:.. ,:.' <';.!
tIl. rlPt to nIl'est an apncy '" oarrect..... I\l' Act II ll.s.c. llDlolOUl) II ....._ IIr cUJ SocfJOIl 2'/Uj.l\21 or tho Jrnmlllratloa "';'. j....
.amend tIl. IlldIYtauol'l ~ and tho lteP6 lnoorlJni 13>0 pbrue ~~ or ~ rellllU' and ...a I!lotlnnallt;l' An< I' IIJI.C. l22I&leXIIIla '..
'to~11owtomo.ke"cb""1I_..c. ,.J," 1Ib&ll""..-edIMoli'anu....P>ruo.....1>: ......Ddedby-.., .~... : - :'_ :
.. - -" -07-"" ~-,"- -. .
<~.....:;\F/-:~~i}~;-;<~~/;,..::.;: )lla.~..).~~..~:~ - ,. ...." -;...,~:~..
. - .
.:._15
.:.. . ~'--""
j~ ... - 8_ .:.--:,;'E:'.':~ON~'..oou,"'SENAn if., ".....
. f. ',,::~,~Idac ~~ ,"'1 O!..~Jb (A) ~':~~ :~=~:eia;::~-:;;,8C. .... ~ .__11Oi< en:n-~
l " .. ' (B) ~~ at tile .114 or Il1bpuqraplllB) .011 mOD.' peIl<y ID aD anRlUDt up to two SecUOD I'/tA(d) or the ImmIcntlOD aD4 Ha'
I .... '~."aDd__"....d":aDd" .J;Im..th.I.".lorth.peIl<y_be4by Cloll&lltyActl8V.8.C IIDWd))Ia__
! _~~ ~==DC' a ~ -bp&racr&p~. (C) ~ ~ :c:.~=r::. ~c: :" b&~~~= ~&d~~ll~~ end a DeW ~ .(6):~
f '"(C) IlrunlpatfOD oI!Ioen' 4eo1rnatecl by' w1ll!ul or repeatecl __ or.", or _ "(6) TzLJ:PllOIIJ: vaunc..."OII' ann-
.. tIl. Comm1eoloner 111&7 oolllPOI b7 Oubpoeoa. ,IoUowl.... _tatoo: hE.- '., . .'" . .
.' tile atlell4&D.. orw1ta_ aD4 the pro4.... "(I) the JI'aIr Labor 8taD4ai40' Act, 29 ~CA)Th.AttorD.,GeIlerelll...tilorile4to :.'
1l0D of eoId.D.. at. &D7 4eel(lllLtecI pi... 'V.8.C. 101 at 1OCI..1IWWlWlt to a IID&J dlter. eoIJect a ree rrom tmpl.,.... recrulterI,or
prior to tile IIIlDC or a oomplalDt ID a _ _tlOD by the Secre...., or ~ or a. rer.rrera wbo oubecrtlle to partlclpa.. ID a
.lUltIerp&l'lll1'&phCI).'" .'; .,,:. . 'oollrtoroompe"DtJurIIcllotloU; tol.pboD. nrlfloetlOD 87IteJD pilot _
(2) Bect10D 2'HC(d)(l) or tbe: J:mrn1lJ'&tlOD "Ut)!:!Ie Mlrrant aDd 8ea.,Dal Acr1cQ]- WI Mct1on. . . .
&D4 lIatloll&!lty, Act (I V,8.C, ll1iMa(.)(2)) 10: iura! Worker Protectloq Act,. V.",C. 1101' . ~(B) Jl'uDtII oollectecl parOuant 10 thII au- '.
-by-" ,--.. ".,- ,.- etlOQ..1IW'ID&DttoallD&Jdo_tlODby thomatloDoballlle..poeIteclu.OU..tt1....
,.(A)_lI:IDCat_.D4a1_~ph(A) tIl. _....., allabor'ar a court or!lCllD- ooUecttOD.l to the ~tlOD an4 IIatu-
~'";; - ~. ~ ~~. -.~:_~. - .:...., ~. )leteDtJurted1ct1on:or" .... ' nl1satJonServtce8&1ar1esudEzpeDlel*,.
"'-.' .', (8) otriIdUl at_ani oreDbpuqrapll~) .,~IU) the Pamll7an4J1ec1lcoJ lAa.. Act,. JlI'OprlattoDl accoUDt 101017 to rund the _"
..........&Dd ~ ".&Dd";-u4" V.S.C. _let 88Q.I.pQ1"IU:&Dt to. ftD&1.tlet.er. flicurred. to provide aUen emplo7D1t11t ..... : .
(C) &441.... a _ eDb~ (.):"',read mlDatloD b:r. IlOIlrt of oompetlDt~c- .lncatloD..moeelllro~beDcba_.".:' ,'.
.aalolJowl: '.. - .' tlon..'.. 8C.ilL AVTBOIUZA.TION8. .-. :- ..
. - '"IC) ImmIrratlOD . om.... leelcDatedby "(8) Th. Secre...., ~ Labor and the Atto.. TIl.... are. autborlle4 to lie approprlatecl
. . -.&he Comm1uSODIr m&7 oompel b7 .ubpoena aey Generallha11 OODIult reprdJ.IW the ad- aucb aumI &I mAY be DeOeMaJ7 too arI7 out c~'
&be attendaDoe of wttDMHI aDd lobe pr04QOo _m1~~ti~ Df ~ ~1I10Dl ~_~..para-, thil title. None or the, ooata IDcWTed!Dear- ..::_
aon of mdenoe at '&ZlJ' demlD&ted .pl&oe __ . . 1 t th1 tit! ahal1 - _4" , f
prior to th. IIIlDC or a canp1alDt.1D a _ (C) kttOD i74C{d) or tIl. ~tlOD an4 ~~t run~ ooe:.,llobe4 -....4,;; :: ~
- ......-pb (2~" ' ,': Jlatloll&llty Act CI U.B.C. 13240(41)) II ameDd- Securlt, Act.
(b) hcRrrAllY or LoBOll SUBPOENA Au- ..., b, ":""1'! a DOW ~ ('I) to1'Nd .':' 'I'ITLE nt-.n 'Wl,u, ALIEN REMOVAL ~;. .
. I'IICJAJ'TT-.- ' ,_ . . follon. _"'., . . . .. ..
. TIle IrnmIIt'&t10D aDd lIatlOlllJlty -Act II ~{,/)(A) .'1'Il. &lInlIJIIlatn.tt.. law juGp IIlaIl .." Ie" CML PENALTID "* PAIUlD YO_
&mended by &4d1nc . DeW MCtJ.on ., (. -U.. t.be &ut.borit7 to nqu1re p&7JDent of a ~AII'I'. .... ~.. - ,
~ U.8.C. 186t) to rwi.4.. follows: _ ch11 mODI,. peD&]tJ' in aD amount up to two .The tmmleration aDd 1h.tloDalJe,- Act.u :
"Sec. 2M. Secret.&r:v of lA.bor Subpoena Au- time. the leYeJ of the pewty ~be4 by amended by a4dJnc . DeW .-ctlOD 2'7ID (.
.&bor1t,-. t.h1.I lubMetlon iD an,. cue where t.be tm- V.S,C, 1324c1) to rad AI follows: . . ~.
The Secretary of Labor may 18Iue labpoe-ployer has been found to haft oommJtted .'crvn. PENAl:nu lOa PAD.1JR& 'I'D DEPAirr .
. 1lU requlr!Dlr the atteD4&D.. aD4 _., w1Ill'ul or re_tecI YIolattollO or..", or "" ~S&:C. 1'/41>. (a) A";' aileD ecb_ to 'allJia1 "
of witnessel or the lII'Odaction of any ,loUowiDC ltatutes: .. order of exelu.a1on and4eport&t101:1 or 4epar. ~
.recorda, books. papers, or docwnenta in COD- "(1) tbe Pair Labor 8taDcIanla Act. - iiatlon who- .. . . _ _ " .
..IIIectton with &I1J' .1J:l...t1ptJOD or JleI.riJ:I.g .V.S,C. 201 et 1eQ.. pum1&Dt to a flnal cleter- 000) w1l1fuUy 1&111 or retulee co: -- ..-.'- - /i._
ODIIducteeS 11:1. the enfOl'Cl8l'nent of &D7 Jmml- JDination by tbe8ecretar'J' .Gl.Jabot' ~ a ~ u(A.) 4eput from the tln1r.ed 8tatiel pamao.. _.
.-ration Pf'OIT&JI1 for which the Secret&r'7 of -.Gurt of competent 2m'Sa41C't1on; .. ant t.o the order. '. .'.
.Labor baa lIeeD del.....d onrOl'CemeDt au. "(II) the KllI'&Dt aDd 8euo1l&l Allr1cu1- "(B) mak. eur;ol, app1loetloD IJl roOd ialth
'j i. t!lar1t,- under tbe Act.. .lD luob he&r1nr. tbe tur&J WOrker ,Protection Act, 28 V.S.C. 1801 for travel Dr other docwnenr. DeCeUI.f7"far-.
. !C ;. . Secret.&17 of t.bor may &dm1J11eter o&ths, .t 1eQ., purlU&Dt to . OD&! detenn1D&tJoD by departure; or .. .. . .
: ~.: : . uamlDe w1tDeuetl. aDd recef.. ev1denoe~ lor -the Secret&ry of LAbor 01' & Court f)I com- UtC) t' A_ tl .~_ _
- ~e purpoae of &rIY web be&r1nr Or iovestip- JMlteDt jurb41ct1on; ar '_ ..... - preMn .or -porC& OD.at - -...
, ;, tlOD. the authority oollt&lMd ID eecttODl . "ClIl) tho Faml17 and lIedlcallAa.. .A<:t21 :4 placo requlre4 b7 tIl. attonHl, o.-aJ; ,
t....: 'mdJ~s~.~ ~e~~~ ~~: ~~i1=\;;~ -::--~~:e:f~~ ~~ ':DI::::n~ or" ~:r: ~~::
of w1.tDNIII and tbe ~oduct1oo of books. 11&-. tlon. .' '. '-p&.rture PW"lluant to t.be order. .. __.- ,'.. . ::
.~,',~ pen, &Dc1 documenta, Ihall be.available to ..'(B) the 8ecretar'7 of Labor aDd the Attar-. ...10._11 _,' a cl~1 pe__'_ or DOt _...... __.t.
<: tIle8ecre....,or~."_. ne'GeD.raIlba1loollOult.....-.u....thea4- ~_ .. -~ ..-.-__
.- ac....1NCREASED PENAL'TD:8 POR DIPlDY'D .m1nl.tratlon of tbe JII'OViIl1oDl or tJ11a ~_ tM COEnmtutoner .. oftHtUDC oollectllou
I MNCI'1ON8 INVOLVING LAIlOR Ir&pb,'\. . -. tor-.eh day the &Uen 11 In 'tiolatioo oJ"d11a.
t>lr ,ftANDA8D8V1OlAnONS. _ .8C. ao.lNCJtBAIKI) CIVIL PI:NAL'IID PM UN. -.ctJon~ _-.-... . -: . ~":- ~
~."f~ ~ (a) Sectton 27CA(e) or the Immicratlon ad. ~.4'_ _ . PAIR IIDDGRAnON-Ra.ATED g. . -M(b) .Nothinc to WI -..ctloa..b&U be 'eon. .-
. .. , , _lIatloll&llt,Act (I V.B.C. 1IDW.)) II amoDd- . ,1'UIYIIEHr PRACl'lCI& . . otru.d to dlml_ or .quail!)' &D7 pell&lUco
. : p; -" '. _c ..., b7 a4411lJ a .... pareeraph no) to read u, ea) SectlOD J'lCII(~)(2)(B) or ~. .IrnmIIt'&. .... wbleb an allOD ID&7 lie oub_ ror _ ,
"l'~ . ,. .::roll...: " .', ',u . ..t10D 'aDd lIatloll&llt, :,~ .(1, 1l.B.C. t1.. proecrllle4 b7 ..cttOD ~e)ar&D7'_
c.'; -:-0 ----aO)(A)Thoa4mlDlmtl..law]uGpahall 1ll2tb(~){2)(B))lIamoDdecl- '.. _tloDortbl.Act.... '. , 'o.
:'..;.. . .1iI:,e t.he authority to require payment of a . (1) tn claUH "")(I). by 1tr11dZlC "I25O"'.and DC. 101. JUDICW-DEPOaTA'IION..'."._ --;:...u.::~~~-
'" : cI.u mODO, pell<y ID an amOUDt up to two "12,000" and _rtl.... "$1,000". and -as.OOO-, (a) 8ectlOD 2t2Ald)(l) or tilo lttuni,rafiOD
-H am.. tho level of the peDalty preacrlbe4 by _ttna; , ..' . . and Nattoll&llty Act CI U.S.C. ~.d)(1)t" '.
","'.'._. :~. ... '. :Ct111 1Rlblection ID '1.117 oue wbere the _em.' (2) I'D c1&ue (I't')(II): .., 'wtrlk1Dr' .'I!.ooo" amendecs to read.. foDowe: -, .,.. _~ _-"::- .;-:,
, plo,or \WI _D tOO%ld tollave __ ...41 .'IS.OOO".... '1DaertI.... ....000" &DlI . ~(1) Authority. lIotwltbataDdl.... &D7 ~or'
. . , ,.!FJ,11tul .'repeated \'1olaucmaot.any -at tile :"8.CIOD". !'Hpeet1.~,.; ud ,.. prQvllion of We Act. .' Vmced 8taCe1 41...
.l~:~,. ... tollowtnc ltatutel: . -- .'."; : .. (3) -In clause_ (1v)(III). b7 sttik1D1' ""I3.CIOO" 'tr1ct court shall have jUrilCUctJon tQ 8A~ a-
. '",;. - >:"{I) "tIl. JI'aIr LaborStaD_ Act;'. and ''S10.000'' .,,4'1Doert1Dc ~';IIl.OOO'~, and ID4Iclal anlor ol4epo......tlOD at tho ttmo OL
.. - ..' .."'- v.s,c. 2)1 et ~., 'purau&"nt to a.ftnal 4e'tU- 00125.000"# rwpect;1.eI7. '.' - -. - . ..,',. . . . ,untenclnc apJnst aD alien: m .bOle odml-
.... . :'1n1natlon b7 tbe _8ecretar:.v otLabor 'Of''' .. (4) In dause U.)(IV). b,--Itrlk1.Dr "1100" &ad. D&l COnviction for an GaeD8e for_h1c1:l the,--
J;. WDrt or oompeteDt JurlecIlctton; '. " "11.000" and lnaertl.... "aJO': and ''J6,OOO'', a11.D II lIer.... the coart lor _"D~ '
~.~~~' . __ .'(1.1) Ule Jllrra.nt and 8e&eonal Aar1cul~ ~t1vely. ' ,. ...... ClaUJeSlucb&llentabe4eponableUDderMC.
. "tmal Worker ~tectlon Act, . V.S.C. 1101 laC. 111. BmPntON Of' DIPLOYER IIIoVfCnON8 t10n 241Ca){2)(A), or (11) wbo previouaJy JIf.s
. atHQ.~ purauantto .nnal determ1natlo.n by..~ __ .' =-=R lAW ~ J been ()Dnvicted of aD annn'ted fel0D,7..t
Jibe Secret.ar:J or Labor or . oourt of com- '. . , . '.. &Q' time. 1t Iuch &D order baa been reQueeted ~.
ptteDt jurll4Jctlon.; or. '. Section 386<c) 01 the lnunlrratton. aDd Na- by the United States Attarne)" with the COII-.:.
~; j ; 'T.. . ,. .'(111) tbe Pam11,. and Medical Lean Act, . tilonallt,- Act, . V.S.C. 1S58(c) 11 amended by . C\UTence or the Commlaaloner aD4 It, the ~.
U.8.C. :II01.t lOCI.. _ant to a nll&l deter- otrlldllll' the ptrIod at the IDd or the eecttOD coart <b..... to osorel.. IUOb JurI"'lc~OD.". .:
.mInatloD by a oonrt OroompeteDt lurll4lo-' andbya441Dltllefollowlna-: .,-""" ..'.. (Il) BeCtlOD lUA(d~3) or th.1mlnlrratlOD'..
ClOD, . .. "', .. , ., o. ~: provided lUrtJler. "that aU milDl"""- and Nattoll&llt, Act CI U.S.C. 1262r,(4)(3)(.A))'
""1B)Tbe secret.ar,v of Labor &DdlJle Actoi'-.. 4urlD1' -.ch flaca1 7e&r in pa)'1l')ent of pen. fa amended by 1tr:1ldna clau.. (11) and un) ,-
uey General 1Ih&l1 ool1lult rep.rdSnc tbe a4- aJt1e1 UDder MCUotI27U. of t.b1a A~ 1D U- &DeS by rev1Itnr e1aUae (1) to read.. roUOWI::.
mlD1stJ'l.t1olJ ot the prov1I1ona of tb1I Jan.. CUI of 16.aoo.ooo Ihall be cre41te4 to lobe 1m-- "(1) A Judicial order or deport&tlOD <<-cle- .
.....pb.... .. .. ',-, '. ,m!lrattoDandllatunllaatloD8erv:I...8aIa- tIIa1orlucbordorma,beappealedby.ltber"
, (h) 8ectlOD .1'/4B<~) or tho ImmlrrattoD and rlo. and kpeD8C. approprlatloDl &OOOUDt part,. Appella.. reVi... or &D7 JudlcIIJ Dnler,' .
MatloDallt, Act (I U.8.C. 182tb(~)) II &meIl4- . that 1'I1D111 actlVitl.. and rel&t04 UI>CDIOIu- or d.po......t10D obaU be ..DIldo"" U part or .
.tlI b7 a44IDC a .... paracnjlb tt) to read U ~ar.d With wO""",,eDt or that _tlOD lb, UDd.rl'l.... crlmlDaI .... and tubJei:t to ,
,ftllOWl~. , ,: ..., , ",' ,c..' 'o." ~ aDd IbalIremalD anll&ble 1IDtll' ""-,,",,.". all tIl. proct<\ureo and nll...- 1ea4I1_ CO","
. - ":..:;,.",!-.,~.,...i-: ~; - . . '"_ .. ..minccr1m1D&1.ppeala..:.
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... ..... _ .."t!' .-........; ....... _.. .
:Y1l.)'.3. ~~9S:.,>~,:;; ~ . fON~~~~ ~~~~~~~ :/:'-~' '. ':'f:fffl91. >', t&
,'-,' "",' '. "". . ..--'.~
. """-{.'Cl IIOctlDll 1IZA(4 )(4) or the Imm\rTatl<lD .a<WI~ _....~ SO... ~,!',C: _tIlID"~, TIle doCODda.a.t 1DOJ' ,ao.~lJ~"" :.-::.u~
.- -..,. A"'.V,.~, _4)(41110 -....'..,--......-'-..,-,,;>., ',''''' ,.,.. ".> potRIoulll....lIw__~."".:
....-... - -!Me' -,.lth_. _ou.. .'.,,(b) --,- ,'.',"p'," ::'- "'-"", .. _ ~"'. TIle 4"".'.DHIII7. --:-;', r
..._~_: ,.".'....... '.."., '.",A__fer__lotIll..sDot JlaftUaeD&tlOD&llt;yClalmllttl4"f<llll4u . .."T
. '..~fte__.......,.o.&.c. ____IO~-tIle_"'__JII'O..de4lDtlllI-=.. '. """:"" ,,,.. ,',' .::-c..
- ..&mc...to........f~ _..-.~_'_ ~'-'''''ODer'''''.4.tw''''- . - ," . .__-rn'ft1.~-'~"'.._' ";.:..~,..~~:.;.;-:__ __~.._-"--.
"','''1( aa.u_ ~.. _~_ ~ -' ""(W) .. piIIttIIkIa -fOr ft'IrJew -.n .. ~ ~) 'GoeI, .-t )lI'e"VeJlt lib. .Att..Omt7 DO.: ~":~~::?:
tat.Joa. ".-rt~ prwride....~" MM.. wItIl... 0Iwt eI AI'P8dI'" Gte hiCUeta1 wat.' atte:r .. nD&1 CII"Mr'o1 deporta.t:lo:II......--:~
,..r I . ...... _ _t .. .. aile --... ~t I. ..b6cb - ~~ ~ -- ~a IItueII. JnMj, do~ tilt &lIeA ~ . :' C.,,
_..,.,.,.,_UIo6l:lDnlqOe.-1,_. ....UIoIl' -.....".. ". .... .-.t!oDJl2(Ct, ',,- .' ,....'.'. ~,,,,,'...,
_at to &110 ... . _ I. _lIamt__ '. "'lIl ".. ~cIeat.. tU A_., GaB. . "'-01) _ D..U.U....;.W'UOU./llom __ :'.::' .,
_-H-tlliJAd..__...teI<l.... araI,'I'lIa_-.Ilbe_oe_At- lli7l"'wltll__~orlt).JIf._... ...~..
tlDtted StatM. ADd at...n; JIII.7 ..... ...... ...., _rat .... ell ..... ora__ .. --'.H; aad _ . .~' . . '.. "_ 'i' _', ~ _: . . ,__
_ or _ be 4t1l_ to . _ ~ . p1o:r.. or - -.Jcra_ .. NAturalIo&. -/l:)..,.pt.. __ III -""* "" fit. . ,.'.:'
~___do_. __1D_of__C1_Ct'~..beactloo._DOI;_r.Ilt......~:..;
:--:.___ .........__ ~-..c. .. WIlIcII ...lIaal..... fIt___..... ..~OeIIaraI to4afer4eport&tl0llfllCileIllaL ','_'.',
. ~_ . .portatlOll... Clere<!. _..Ill &bo peU- ..(.)'lboreoonlAll41lr1elt...__......;:':"-"
._... -.., 01 tIIo _B...... CIalIl OB 11M o_r_ empio:reo - She 4... ~tol4. 'I'bt 00llrt of ~ abalI _ .."'....
_- Aot.('O. C ltn(b)) 11_.... po.....tl.. of... all........ * -..... &be ----'.n_ >_____ _ _ . ,'..
.... . . . aMiaa _ tbI ....J~ -aDl.. aIM: ooart or-, ,..--. on & _.-.......,,_ '. " ....=
-DC at &be.04 tbo I_Dr. "Ilotblac lien .___ 11_ If UIo' all.... _ t,newrltCeB _fa.~'. .."" .,. . ' .'
III .... .'~'.u.. oIlaII pncIlldo UIo Attor- _ _Wd or AD _va... "'CIIl7. _ . "(cl UQUIRlDlIIIlI'I'D .... ftm1Gr<.....,aU- .
.,.OtDtN1ft"01ftaa~JI"OOM41apllJy t.be&beDII1ZDdar&nardarDt.cJ_cm.."~ 1IIOIl for "new 01 aD fIr'lIer ~r ~tMID :_
,..deo .leetroDlo medI.. b. teI.p_. .... ... of &be _10II _ _.." &be _ -.u _to ......-. 00llrt bat apbeI4 _ -:'. '
........ - -...- to.... - _. ID &1011_ the...._ -.n... ...u1ll1iJ of..... ......... ..... II... Mall -- .. c ,~
-- _01 of ilia eJteo. 00.-", fD1l_ "'t4JIIzoes>t to"""'" III ~ lSd) thelWll.ofthe oourt..tbe. . dale ortbe. _ .:"".:"~'.'
.lIeDtIu7llearlDp_tttelMl1ta:m&7....... 1/11 tlIJ.I ~ f:toart or appeala .ntI1DC.&Dd.t.I>>kmdofpro J -I.. .~. :' ."...-..
4.-....}.-..- oal7 wltllt.be-.eo\ g( _U_IU pet_ ~ 00" __ "(~ 1llnDw<< P1IlAL 0..-&......__ . r.. ,
UIo &1_ . " . ~'. _' ..._ _ OIl _blob tIlo order fIf 0Rl1l- _... .Ollal _ or "'_tIDa GIlW 11-. ',~ ".
-=-~..~......_... - - eIon or ~CID.......1iIIId toM.AsiCor-. ~'a)cM&1JM1bMubaalc.d&UMm1~ _ -=.~~:_.
, 'I.' _0l0lI _.)'<If th. :ImmIrratlOD' u4 ..:r _.. 1ID_ fit ract tUJ.1 be ..... ..aI.. ...- -'labia too &loa -all. u. ..~.
lIatlOD&lIt7 Act CI tlJ!l.C. lDl(AJlIa&lD.acle4 _ "IIIlI_. _.hI. ___ . ", .. . :. .. . '.i:' c .
~~--""bpoeou."2Il1;be_ ~dbe_pe1lo4to,""",,""''''Ilbe__ '-aI_~huDot_.ded__' "':'~j
'_onl'ter"Botdoooe.-, .' . ....,..., i., " '." '. U4ltJ' 01 the 'order. lUll... th. Ie_. '.c".r
. (bl s.etlClll llD(tl1 01 tilt Jmmlc'tDtlOD &l1li '~A).U the ,.",,_ _11> .... __ _ _ IMt the pe<lt.loD _ . . '.'
.1fe.tlODallt7...... CI D.S.e.12S2(bll18 &mODded '1lI0Dal Cll_I1Dl... _ _ _ ooart'" _ _t _4 .ot ba....... _0""" ..
,~~-'''_'',m-f!z:et __lrom_ple___ IDthel"'lorlodl<d&llk ....or_tthe '..'.
.u1teDoe a.t'ter ~4eDoe..... . . ... .t.a .....t DO .-alae MIue at material tact IlIINMtr JI"Q"I16ed. bJ' * prior III g:. J 'IJII'''' ~..'~
ac... ftIPDlA~ ....--..-,., ~ DIiPQ8. M:lo\lt the PKoitioDer'. Mua.11t7 61 .... DadeQII&C;e 01' &aetrectJ... to tee. &b. ftJid1t1' . ~ ,.:".,
'. 7A'nON.. '. . ..._ CIlt ~ oIlaII_ &loa _OD&llliF -of !.be ord.r. ' " ...,., . . . .
u.llleotl<iD.. of the ImmIpatloa liD4 Ha. --. -WI LDm'a> IIawnv _ _.-.....rr c....;.:
.t1Dnal1tJ Act (I O.s.c. 122&) II ameDd.ed ltr ~) u CU ,........,....... alallu to tt. a.... ___". Q:wIvJ:r:rED or AOa&A;YA1U.... '. _"
&d41.DC at t.be end 01 .t........c-...(aJ tile tel. 1doaaJ -of the UD1ted Statea a.nd the court fJI ......_ -.. .~.
101lrlDC..........,.pb:. . ~ ame ~. ....ID..... 01...... ..."UIAplt_IbrI'l'rle.OIt4......._ .,:~
'W 8tIpuJe.ted .Ezcl1IOIIlIl ...d ~ NI fact - tho pat!,,--, aatlOD&lli,y 10 __.hom. iIDeJ o....r _..__ .; ,"
tJ.....-TIle ...tI.oOlo~ Gaoaral tbaII proo14t llJ _te4. th. oolll't *-11 _or - _ .. _ ..... 1IIlII.. _. _ _ -.J- ,; :7',
'reculatloa for th. DDtr7 llJ AD lmmlcre.tIOD -.IlDlr too &be 4laldot oovt or &II. Ultl... JoDce ODI~ -..... c : .'.::'
Jodp of .. order or aclll&lDll ADd..porta- 'ta.... ror tbe jD41c1al 4lalirlot III ..bIch &be -v.l_ e.Ii&D 10 _ AlJIea __ ... _. '0 -
&Ion .lttpu.1a.ted to by the a11eD &Dd tbe &en'. jIIitWour I8Il4eI lor' & .At'" JIe&ri~.OD aobe ..-er: . . ._. : ~ ..~,._~ .:-,.-':'" ::.
ice.. Sach au order may be Int.ered wit.hau.t a na.tJona.lltJ".claJm u4 .. .s.c1IJOA Oil t.bI.t "'(8...... alien" &11 ..up II.. ~Ltwd tn.. .
)Ierooool .~ llJ the allaD lIofono the dalm toll.. adoIDllIIa4 beoo _bt I. tho '_ H.\(b.2) .... Ilu _a __ __ ,
IIDmlsr&tlOD jlI4p. A K11l"1ate4 _ ollall . dIotrWt-",1ID4aroeetloD22fl1 olOll.lo.. '.,tr7 sIlO _ 0alca4 _ d ..'_ .:;.>.
.ocmatttute a DDDcUW9t Ut:.erm1Datl0D .r tJie "'(C) 'nle petjtJoner .I:I:l.A$ ba... the _tiOD&l- w.ted rlloa7; ua4 . ~_ .. _ _ .. '. . "S". -'-_..~
~!,~:::_tt.nt~ aDd depGrtabWt.7 C:om :.: ~.ccl3 ~ ~ 1D ~ _.C~.~~..~ ~b~')"" I r...,,_ -:..::~.
:o.l~-aGor'tho~o.~)i... "'tl'I8X~'!'~~j .~~~.;oNIlr_..~~ . ~A_-;;;;;;;.;;..__'..::;L
.~onallt7 Act' ~ 'D.S.C. 1m) 11 azen4ec! 1Il .... DU. -. ~ ~i.I 1I......c~ ~ · WlI>""" n.t1cttoa 0Ul7 to rev1e. t.ba &.UtlI L- Itlo.A ~;,..,.....'
'--~':'tlDll~) k_ ..n~'-- ... _tellOO 1m- fOadant ID . <lriDIIDaI JII'OOIIdIDc. obaI:p4 III_Ill. ~'.".. .... :"~
-.......... . - - ~ - -,.u.hYial&t1Da"wbleottOD(4) ar,,)OCe,cUoD .. . '. \:. -.'.'-' .~,,_.- ..::::-.~"'-:':
,'"adW.el7f<l11oWlDr~{f.)aJ>4~ IJ2m.,CbrJl-'thovalld1i,yolthoorder... ~(f) 8PIIOIAL -""..-,tbe!&D~:*.:.
~--..., . .' " l:b.oIimJDIJ~ODl7b~~...p. ___oaer_.____ .' :
'Tllo .uco...... Gen.ra! &baD !urf.liOr roar ..... _oa "'ore 1daI. TIle cllat:lct oourt.. Y1llet1... l:IlIa ea_tlo....JIO 4lOort.-au _ ,,',. . ,
..d. b:r recuie.tIoD !'or tbe eDtr)' ll:r AD - ~oot & '11117 tbaII 4eoI4. !.be IDOCIOD he- ,JIInt4lctIClII to .-:1_ ~ _.._ _ ~ .....~
patloDjulIpof..rmlerof~"D.Ilp. JlIrttr:l&l. ". ~. '. :. ' , - mlDatloaortotlltWt&lnuy_....._. ..~".
- ill Q- the aIIeaADd tbe llenIoe. BlIllb . . "(JI)U libt f'--'~" oIa!mIllI !.bemlltlOJl alUm -...._ er nlal;lDg to CIl.lmpI......'.'....,-~..
--&II _erlD&7" clered wlt!loat. ponouaI to be .u.tIOD&l of tb.VIIlt.ed Stateo..a t.bo _ttoo.._ 01_ .peolol_ .':':'_-' .1:
. appearaooe llJ ,th. &lieD - the!lllnllera- jllatrict =rt IlD4e tbat . _IIID. _ or "OIl __" ..... Ia _ _aT. .~,.~
UoD jQl5p. A .ulUlated ardar 8h&ll..cQZl- ma.ter1aJ. ra.ctabout the de!ezu!a,nt',utlow. ~... prori484 IMnlm. t2Mn DaD.. _- ::~;;.:':1
<~ . OODoIoel.. AotermtD&tlOJI or t;ba it:r 18 pretia.... the DOurt .11&11 Jlecl4e the 1D4Icl&l...._ o~ (ll . __ ~ tho A_ , C....; .
allea. 4eportabl11i,y rrom tbe tJDlted Statu. tilotl.. _ OD'" ~t1oe rOoord o. tM7 Gellerol to 111_. tbe IlI'O"IoIOD& of_ " .~...~
-. TJae JW"OQ8duru 10 ~ aha.U bI lib. ftlcb the t1eportatioll 0I'der D buet. "!be ad- UOG '8('4), (Il) tbI a1'Pl1cataea 0( ___ . ~.-=::-_. i
-.1. ..d ucl\lllve proce4w'ee for doten:DID- m1_tlftllo4lDct"'~""OODClluol..1C _d'M __ all.... lDllla_ __ ""',".
1Dc _~~.or.",_.1IIl4W tIlIo _pp0rte4 .~ _b1...alletaotle.l; 'DD4 ____ _ -'CftplleS_" ", ~:':
~." . " ,.-.....I6o.ooou_teoordOoul_ or(llll_"'"ADd..uc1..a4_,........;,.~:
sc. - ~.~.- 0&- ".-". .... . ,.....",' ,:'. _Attome:rOeMraltolmpl__.... ---:'f'
-. - :: Of' . . N AND ~A,.. ::.;~.) K1ibe 11efeDd&Dt ~ in 'Cbe 1Il~Dfl WIaIoDe el fieotIee 231(4). BeIarG_ ~~_ c":.':k.- ,
. '_-",.. . ~ T__'_ . &D4.... .tolle ....l:Iooal oftbo e_ B..teoDDtl tile Il&tore of tile .etloo or ClIDI!D ",g(___.,..~ .'"
'. (&')_~lllIor___tl<II>. 11_~ooort__1a_ol.._fJ! u.:rol__...__lIr1Btrl...___".~,
. "tIo1llll1i,y Act (lilAC. ~lk) ja~..~. io&"'r1&I_.__.~I..daDt'outlourJ. "... ..._oIIa.Il ba.. JurjadIctIOIl...... " ,':""
............l'D1IosO: ".-'" ...:.' .',' < . . _'._1lt4.'IIl.&e\U't-sball bola a_ __ lie...... -.-.t_....... "_:i;.-. '~I
.. "~~~..r ......._ QUlrIa8.. ~~ ..~OD1:be ~ . -'"''tty-e1a1m'&D4t dectee otlte!' -.t1ItBle nu.f DOt wpeeU'k:al1:r... -...~.4:
:.. ~..CL-tBIDII..aJtDSPsc:I.aLEIt:UJ'm~. . 1:hat etIJnJ.. tf a1 t.eUon bad breeD 1Ir'oD&'bt ~ lit tad. _beect101!.<< to oe!'ttf7 a .~... >..
. ....... _AI Anf.EdLII PIlO\'IBIOIOIO.-....u. .....r __ _ or 1Ne'D. .,. . '... __ _ _ . or tile PBdaral _ '" _ 0. ,<.;.,
ca>_"'.IIIl&I_af__..4" "(I))._4Iotrlot'_I'IrI.._t_... C1v1IProoodore, ." ,. '" ," ....' ,.' ';',
__18......... 0DI7 _ella_lIB'" _tIoD __... tMeJtA. 'Ul. 00III"t 1lball ~)"'41c1&l rM1_ "'''''7_. ~-...... l;
1:101.. 01 tile '11_ - Code. ....oopt- - tho 1D1IIotm..t. n. '11_ Btatte JD4lvl4l101 110_ made ... -. . ,., "1'1
p:'O'V14e4 in CWio..-:;:o:u 3->: JII't1'1.s.d. bow- Ocwerumeliti mAY.a.ppa.] the .1'.:1.1....1.&..:..101 1,0 lJM:l .......s.r or piUiAi..u.iJc 1.u lpeUtal bel... '"...~
_.tat"'_GlQ _ _ _lBrftf ._ ar~ Ibr_ -rr'..,..1a1lO _, __OD 23!il~).-n aal711e~.1Il "'.'-",
-, ..... -" ... ,.' -' ~ . :.-~. ..... . / tj, j / ....... '.' . ,,: . ; . ~.~. .
" '..:.'~.:<:-..::'~ ': -.:~;:~~, .~~~ -....." ..' ' .' . ",,;;':'j/':':~'r
-" . -,'...... . .;. ...~". r-\: .' . . .
.'~.;,. .
. .;- . '. .~: .... ~ -.
.-_.~. .." L'. '~')';"-' .->....;':,_. .....- r_.' :;.... _ ,'.
'-S8098 '/.:\ .":0':,: : 'CoNGWSIO~AL"RiroRD; ~~Aii ~ " . M~;rS.'i/ii5'
li&boU...rp;.~a..d.wi'*ltJD.: .artJ iD4i.o l1ili,'iio_;-_~~1d: 'D;,;,aDvD.~n.*ilJr.m;~uOr,~~.j
1tocltollotonn1lladoillot:lIJ;;belbertbOllI' _JlI'OOOOdl~;or. ,...."."., '''''''', _ _DOO or OOlllJlIllO.. pllplcal_ t.
IIt101ler II &II all.Il:'(u'-wb.lb... u.e )lOti' . "(II) r.IIo Atton>.y IleIlerIIl\oclileo......... 11100 III lb. VDltoclSt.a1OO _lfte418....1>-
_ uoner..... O1"dered lPedaJJ;; li:sc1uded.~ and ut to MCtiOO 1521 or Sltle 18. tJAlte4 ~8t&_ eeCt.aOEm (a)(1) and (&)(2).0( W. MOUcm tb&1J ".3
(i.l1) ,..tietber&J:l,e petitioner C&D P"09'ebl' & Code. th&trel__trom cuat0d7.1.~ecMI&J7, 'DOt be applicable to .....u.D. wbo: (1)..... ....
.. .l ~JT:~':e.=:= ~~~:: ':ar..i~~==:c::e:=-.ri~~::' =:. ~D& :D1;~':;' ::.::a:~= :~
resld.... &Ild II Olltltled to Ollell _r.lIl. _lJptlOIl Into major crIm1ll&llC.tlvlQ',.~ Anned Porceo or tIl. VDltocl ButeO u4, Il . "'
qDlry u preocrIbed br tile Attonley Oenenl &Il.lmmodlato ~y member or c1_ uoocl- leparotod ll'om IIIeh Hrvloo, wu .parotocl
JQJ'SU&Dt to 8eCtiOD m.d.xs).. '.' ... ..' . ate ofa wttu... potential w1ta-. or perIOD "aDder honorable 'OODd1t1oDII. aDd. ,(') at t.be .
.,2) 111 &IIY cue wbere"tbe-'CIO'ID't Oet.ef.. CIIOOpera.t1.nCw1thlucbanJ.D...tlptJOD."... time or h1a or Iter enlistmeDt,QI'~, ~
. mlnes tbat the petltlOlJer. (1)" an alien wbo ..:.... LDDTA'nONS ON' RI:I...ID' ~ acuJ. ...tn tbe Vntted8tateL.- ;-, ., ___ . ,.~__.-.,.l ~1
-.... DOt ordered ipeClaUJ' .xcl~ded. or .(1) ,., ' _ . ~' .8ON AND DIPORTA'I1ON. ,-: . . ~'(e)ADJtJ8'TKEN'To" ItJ;ATUa.-Tbe AIfoor.. _~
llu demoDltrated by a preponderalloe 01 tIl. . (a) 8ec1J0Il IIJl(cJ or tIl. IDlmlcrotkm &lid ...y 0e001'II may ClUlOOI deport&_ &JId.od, ...
evldence tbat l1.ar oI>e II a IaWfl11._. MalJoll&llQ'.Aot ('.VAC.. ut2(c)) II ~ juot to t.Ile_ Or &II allenlawtulll'adID\t- .~
MDt resident.,. the Court ~ order DO nm- tP read aatoUon: _ _~. . '-'. .--. '- '-._ ,- tied for permanent' rea1deDce &D7 auen who -I
..sy or l'el1er otIler. tbaIl to reqDlre tbat tIl. ", "'IC) All alien no Ia &Ild - -..1&_l1y _ AttorIl.y DeIl.1'II dedd.. 111_ _.... . i-
""tllJoDer be provided a hearllllr III _. admlttood lor llIm>&1lODt realdelloo for at qDlremento or IUbeeetloD (aX2). TIle AttoI'- 4'
. '- wlt.ll _IJOD Zl6 ora determlllllJOIl I.. ,-t 6 1'--, wl10 \au. noIc1ed III &Ile ODItocl ".y OeDel'll _II reoord tile llIen" lawl\ll' . .
accordance wttl:& IeCtiODs 286c"a) or 2'131:4). Any' A.teI CODttnu0C1l17 for , 7e&r1 &tter ba.s.q .admiuloD tor perma.nnt reeldeDoe .. d tM ' ,
allen wbo 11. provided a. he&r1D1" aDder weet10n been lawfUlIJ' aamttte4, and wl10 11 retW'DIDI' 4ate tbe .AIitorne7 Oenerahlec1de1. CO OUIoel '1....
296 punQauttoO tIlne )rOV1a10DS ma,. there- &0 web ~denoe an. _'riac t.emponrtlJ' .removal. . ...., ,._'. ......._-, "
atter DbI:&1n Judicial review or any relultinr proceeded abrot.d TOlImt&T117 and Dot ~er .' U(4)VOLUJfTAJlY DI:P.&R'nJD.-(U 'J'be .&.c.- '
. 1'JJW order of ~ulOD..p1I'8U&Dt CO WI eeo. an order or deportation, JDa7 be 1I4m1ct.ed lD 1lOrney General maJ' tIllUl orlll.. di8cretlOD - .
,li!OD. - Qe dllCretlQJ2 ot the AttorD~y General wttb. permit an &Uen .oIUD~ CO depu1....... :
"'(3) IJI' 4eterm1n1uc..be\her -UI alien b&I -oat I'ep.J'd CO the provtaIODa OfeutMctlOD (a) VD1ted 8tat.ell at the al1.D'. OWII upeue-.;' v :.:..
1leeD ord.red opecIoIJ, ..eladed. tIl. ooun'. (otI>.r t!lan IlIf&IT&pha (S) &JId (t)(C)). For "(A) ID l1.a or belllC lablect to 1Io~0Il'1
IIlqDlry IbaII be I1ml>ed to wbetller neh &Il ___ or t.bla "_11, &IlY period or pr<>oeecI1~ Wlder aeotlOIl :H2 Dr llrior to..
'order_ 10 fact ... tSlUed ud .hether it re- OOIl.UnuCMia Nlldeaoe Iba11 be deemed to lad compl.UO# of .ueb prooee41Il.p. U 1:.be alieD .
latel to tbe petitioner. There U&ll be ao..... .ben t.be &l1en 11 pla.ce4 to prooeec1tDp to 1:1:. 11 not a 'lIenGn 4eport&ble. under leC1iIem .
Ylew olwbetber the a11.o 1, actuaI17 GclneS-- clade till. allin .trom. the 1.\'Dited 'Statu. Jf1(aX2)(A)(I11) or .ctJon 3I),a)(4). The Ac.- _...
able or entitled CO &nJ' nl1ef tram ac1u. NoWDB' ocmt&1ned. 1D W. ~bIec~OD Ihall torney General m&J' require the a1IeD ~ puG, .
mOD."'. ~ I1m1t the authority of the AttorneJ' GeDeT&1 . voluntary deJlll,rtUre bond, too be,8UlI"eD. 1,
~ _. MNCI10NS M:lAI!CI' comrI'IUa.... t;o aerclle tbe dilCl"etion autbor1sec1u~er .Ired upon proor that-tbe&llen-Jau 'eparted
- ft1B1NG TO ACCEPT bCPOKI'A'I'IOrN 8eCtton 211(b)."'!'be flI'It _ntenCl of t.h1, wb- the Vnlted. States with1n the time 1PIdfled. '
OP TSaR NA'I1ONAI& 8eCtion Ihall DOt apply to an aIleD wbo hu U &OJ' alien w:bo 11 utbort.r.ed. to depart vol. _,..
8ect10D J<<3<C) or tbe lmmlrratlon aDd Na- been OODvtCted of one or mON anravated UDt&rllJ' under thi. p&r'aIT&pb i. ftD&Dc1alb
1itona11ty Act (8 V.S.C. l2S3(c)) fa &lMDded t.o lelonln and !1aI been .IIDte'Doefd for web tel- vaabl, to depart at hi. or ber O'II'D upeue '_,
read u rollowl: . ~ .ou7 or feloDtel to. term or tmprtlODlDe'D.t or &DC! tbe AttorDey General deema 'the &li1D'. .
- "(c) D1BcoIn"D9VIHO ORANTINl) VJIAB 'WJfEN at ll< 4 ~Ml'I. Tb1. WbeectJOD Ihall applJ' nmovaI to be _1D c.he beet 1ntereat .at 1'.111
OOtJM'I'RT DENIES OR ,.DELAYS AOCEPTINc) 0Db' to ~ &lien ID proceecUap UDder section V.nlt6d Statel, the upeue or Gcb nmOftl
. AUEN-OIl bel~ 1l0lJned bl' lb. Attonl.y ..... . 1IlIY be pald I\'Om t.Il. approprl&tI... far..... '
(Ieneral tbat lb. aonromOllt or a forelllll . (Il) SectlOD 1M of lb. _"..ttOll &Ild Na. toroemeDt or t.bla Act; or . .' '. . '"
OOUDtry denies or unreuonabl,. 4ela71 ac- ~ozWltJ' Act (8 ~.8.C.126I) t. rn1.Hd to read .~) at the DODcIuon of a iIrooee01zaI
ceptJDI' all alien wbo 11 a dt1sen, aubject, Da- .. fOUowI: .'" UDder leCt10n ~, 01117 it the ~ttoD
&.Ional, or resident or.t.bat COUD1:ir7 after the ,"'6BC. lH(a). CAlfCZLI.ATION OP -DEPORTA- :,udre detennlDeI that: '. ',' .
. Attorney General uka wbet.ber tbe l'OYern- 1'JOH.-'!"be Attorney General ma)' cuceI ft.. "fj) the aIlen II, andbal been, a perllOlrpt -::
ment wiU a.ceept the ali'D uder WI' ~ _PDrtatton In the cue or an &l1eD .bo 'I de-- I'OOd mor&! cb&raeter for at I... flve J'II&l'I ~
. tion, the 8ecreta.ry of State m&7 order con. 1W'J't&ble f'l'om the tJJ).lte4 St&teI and: . lmmedJ.ateJJ' precedSor hi. or her appUm.tkm .,
~1ar omcen ID that farell'D C011ll1:l'7 to 411- ..(1) ja and. hu been a .1&wful perm&.DeDt tor YOIUDt&rJ' de~; .. . ~
ecmttDue I'f&Ddnr BUcb cl..... of .-1..... .-Ident fOl' at le&It 5 ~ean wbo baa ftlI!ded '.(11) the aIle>> tl DOt. 4eport&ble 1IIMSer 8eC). .
- \lbe secretary sball deem appropriate to dti. 1D the United 8t&teI oontlnaoUlly to!' 7,.e&rI tion 3flt&)(2)(A)(Ut) or MCtJOD 2Il(a)(4); &D4
"Ill. labJecto. Il&tloll&ll, Uld nold.llta or after beI~ lawf\l1\y admitted and - IIOt "(111)_ alien i.tablla1l.. ilJ' doar u4.
tIlat country until t.he AttorDeJ' GeDeJ!al DO- been OODv,lCte4.o! an acrravate4 feloQ' or ooDnndDl evidence that be or'. ...... .
. WI.. t.Il. 6eeretal7 tIlat tile """"try _ 10- . folOlll.. Ibr which tile 011.11 baa 1lee1l _. me&IlI to depart t.Il. VDlted St.&IOO _ ID-.
_oepted the alien. ...tenoed. 111 tM anrep.t.e, to a ~ or ,tmJI:'D- WDdI to do 10. The alien 811&11 be I'8QQlnNS JD _'
.-c. -. QJ8TODY or AUEN8 CORYIC'I'D" "ODmentr:itatJ-.at57Mft;or . '.'. JOet. -.olUDtary 4eJUtUre _bcm4. _......:;
. .--c.~._ .AGGBAVAftDI'Q,ONOa ': ....:2) ba beea phJwje&1l,. Jll"lMDt sa.. amount IItICe88UJ' "to naun 1ib&ttlle1iltlrl
. .aJ -sectioD 236 of the ImmleratJoD and' Na- VD1t.ed Stl.teI t~ a continuo'll' period of DOt will depart., CO be lurreD4ered'.upo~ JII'OOf
ClolllUty Act (8 V.S.C. 1Zl6) II amended ID .1- tbaIl1y..... a10ee ellto~ tile Ualtocl .tbat the all.1l \au de~ \1Ie .IlDlJ>e4'
~ph ('X2) lIS' tnaert.lIlC after "anI_~ BUtoe; baa 1lee1l a per'IOll or cood moral ebor. IButoe wlt!llll Ibe~me apocl1\e4. .
&lie rollowlllc I.bparacroph- '. . : .actor dur1~ ouch period; &lid ..~bIWl.., "(2) U tile 1IJlen falll vOIWll&llq to ~depa:It-
'~A) tile Mto"",y Genenl lIet4lmllllee, tbat deportlllJOIl would ..alt 111, _meSlle. Vlllted St.&IOO 1r1th11l 'tll. _ period.
Jiunuant to MOtion 1621'ot -title II, UnIted. hardlbtp to the allan or tbe alien I IPOUIe,. .apec1!1ed in aocord&Dce wttb 1RIbp1.rapa,pb1
_too ODd', tbat NI_ _ CllItody. -'Ilt, or child. who .. a cltlaeD or t.Il. VDlt.- (l) or (2), tile alien IbaII be IUbJect to.. "CIvil'.
.. ~ to provId. P'OtoelJOIl to a wltDeoa. OIl _toe ar an aileD lawtulll' admitted far . penalty of IIOt more tbaIl SIIOO per dq aDd be
" '.& potolllJoI wl~.... a _11 oooperatl~ _tnoldenoo. .... .:. .... ..,.... .'IIlelJclbl. for &IIY lIIrtIlor ..l1ef llDder t.bla.
. ' .nib an IIlv..lJP.IJOIl Iato major erIIl)IIloI "'Por _ or t.1lIa _11. &IIY period or .llIf&IT&ph or ~ph (b). ': . ..:" ~~.
.~ actlvity. ora tmmed1at.e 1&m11y member or oontiDuoua reeJdeDoe or eontJnuoUl physlcat ""(3) The Attorney GeaenJ_JIIQ' b7l'111Ul',-:
., .' . c!oee """,,,lito ar a wltll.... potolllJoI _, JII'OOODCO lll.tIle Illllted _toe ohoI1 be gOD l1m1t ellc1bUlQ' for volUlltary deputnre .
~ ':.......or penoa cooperatl.Dl' with .u.ch -aD 111, deemed CD ,aDd. .heII the &11en aa aerved aD "or any cluI or c1.ueel or alieni. 110 ooart -
....MtlcatiOD or (B)"..... . _ ,. order CoO. abow CIIJ.1Ie parauaat_ to ~on maJ' rev1ew any r8IU1atJoD taHed aDder tb1s
v.... .' _ 1b) Section M2 of tbe Jmrntcration aDd Na. l12B(a)(1). AD allen.8hal1 be 'COaatdered to ~pb.' :', _." . .~. _, .__ '.., ,,'
'. tIoll&llty Act (II V.S.C. 1Z2) I. ....nded by have fallad to ma1IltalD OODtIIluolll phyalcal . "(4) All 011.11 may ~ li'om denial Dr ..... .
reril1n&' -puacraph (a)(2) to read ai follOWI: ,preeence In. t.beVnit.ed 8tata UDder &J&n,- nqUelt for an 'order of ,OhlAtar.J' d~
'.' l'12)(A) Tbe AttorDe,. GeDeraJ aha11 u.ke' rrapb (2) U tbe ~en ... ableJ;lt from the under aubs:aracrap:b (2)',JD -acoor'daDce ~ ...-
clDto euetody &IIY oil... OOIlvleted or &Il""", VDlted sutoe'ror &IlY aIIlcle ""nod or more (he lJI'OCOClurea III _tloo lllll. provIde.Uh...:
ftt.ed feloD, w1&eD tbe alien tJreleaaed. 'nrl. tbaD 80 day. or'an.~ periOd.~ or mare DO com lball have J~cdon err. -an""'::
_l1lremeIlt IMII app!ywhether tile allellll ~ 110 dql. No penon who II deport.able PM1 reranIIllCU,el.llrtll orVOIUlltary"'~-
'1'Ol_ OD parol., _mood rel_.... JIIlcler eectIOIl.lHlfaX2XCl or lHuaXtl oIlo\l be turo where the &Ile. \au ....D .....tocl wo1-'
. t c pvbalJoD or JJlQbe arreotedar UIlprlllOlle4 . illlc1bl. for NIl.r IllUIer WI eeetlOIl, No Ill.... 1I&tc:v 1Ie~ or ~ """ Dr MOre.NIlt-.
" ". APlD for tile u.me arr_. ...., ','. ...... _ wbo baa been COIlvlcted of &II ~fttocl wltlll_l~ tile ....deDey of &II ~ .-
_ "(B) Tbe Attorney GelJtI'll'JIlIY rei.- Ibe fe!oDylball be .1lc1h1e r.ot nll.r aDd... _. an alien or I delll.l<l! volW1l&rl' departure "'. :',
.alIeD oDly!! the 0I1e1>-' .':' . .".' . ITIph 121 or t.blaeeetl<m, '.. ..: . a CT&D~or.olalltal7 deportUre lIU_ tbaIlII Co
: -en ... Iawlll11. a4mit"" ...-tile llllltob hlbl CoImN1IouIl PIrr"'CAl, PIlEBEMcJ: JIC1J' ..... tile aileD Ihall .lIe relftOftl>le !loin .tI!(,
- ,,'1ltatel and e&lJaIIeo ODe At.......01/ .GenenLI lti'lQUIUD 1lIoc._ OF I<ONOIWILE SZKVICl< '" DIllWd Sl&teljIO dayuller 0Iltrl' of ~ _..
tb&t ~ allel"" GOt ,a tllioeat to tbe 'eommg- ARMED.Jl'oeCI:8 AIm PR!:BENcz OPOJ'f I!bn"RY .. of depan,ation No cour... "D&J' order. at.&~ 01.
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" '," '.~.' .--'~'-::'''\....'':'_~':'.7?-:''' ... _ _,' :. .....-...~ .;;. ...._..:;. .".. '" _. ;. _
.M?Y3.11!95-....~,-,':...:~NG~SIO~A.L.:RECORD.,;..S~NA~}..:. ." .' . S~ _:~{l
. ~ .....ooaL no llll"," nmO\'o1" lI'om._ ~ to ItOd7 _o4a If{< ~1lIr ._00 of a ...no. cltbor tb&D oueb '!'"*"_o .' .::;-~
llDlle4_.....haU oot_"Il. a~.. ..; :u.e emclellC7 or deportatlon ADd ucIuoloo 'I1ol&tlo. of tIl. crlmIlI&Il&... of tIl.V..f~ ..."?"
. .'.'(.) ALIDl CUWJw<;I(ONDflllOIlAllT. C-- JrOOOOdInra oraIoet det&loed -all... .bl ID' 8.tates. or &01 Sta...;..d. .... :. "i-:..;:,.~..' .
GANOE AlaNa ADllI'I'rEIiTO ll.EcEtvE.alAl>- ......Ingtlle .vallobllltl0rprobooo........I,..'(II)anypro...rty. _I or~. 6Hliat '. . ,.,..
- JJATlJ(EDICAL ,BDUCA'nON -oa 'nwHDIa; iDe and TepreleDtat1OJ1 tor well alSeDl. _ Any' -ooutJtutea. or Ia Clertvedtroni Of.U tn.ceable ...,:~~ ~.:
-"O'rHER.:-The JrOV1I10Da of aubMctlOD (&lor RCh-pllot'P'OP'Un 1naY'Pf'OY14e for adm1J1la.. f.o'the proceeda obtained ,CUrectl,J br J~- ~__..._ ~_'"_
WI NCtIOD.hall DOtappl)- tiC aD allan .h~ tn.t1ve lft'Dta to noWor-proftt. orpnbat10nl recti,. from the cornmiutOD or. violation or:. _'_"" :'=-,:
: ..;, ~1) 4DteNd tbe United 8t1.tea. U ..erew. im'o1Ved.1D c.beCCR1lWeUDI' and repreHnta. nbeectJoa (a). or (It) ~tb ued. to .f&c!U.:......~:
'. -_ID&D 8U1>>eQuent &0 .June ao. l8lH; .'.~'>: - :. ". . tllou or -.Ii~DI m tmmtrratJ_OD prooeed.IDp. -tAte. or fa illteD4ed; to. be ued. to tiLcWtat.e. -:i. ~-:, _:..
~'. -,.ell).... admIttocIlio tile 111l1.to<! Stai>ao.. .An mLl..t1oo OOlIlpoom IIlalI be Included ~e oommllllon or. 'I1ol.tlon..r Abpua..:.;." '~.
,",''"a oolllmm......t elClwlge alleo.. 4eIIOedID 10 &01 neb plot procram to _ tile em. ....Ilb 1.~IXAI, ezcept that 00 propertl wbaI1 ~, "
. ~t1on lOUaX16)(J). or h&I &oQUlred the Ita. ,-GieJl,CY aDd 00It etreotive... of ~..mOM be forfeited. UDder thIa p&n.crapb. co.the g. ..,- ,c-:
100 of IIlCb . DODImmIgroot ucb&lllre.uea proolded &D4 tile tepUcablUl;J or _ ...... . teot Of.. 1D.......t of... OWne<. by ..... of
:...alter &lmlaJon. in Order to receive I"I"aduate IftJ'QI at otbc'looat1ou. ,... any act or omlulon _tabl1ahed b7 I2aat , ~- _ .."",
:.':IDedJClJe4ucation or tnimlW'. ftcard1.. of -' '. '(b) tloWDI' in UI1I eectlon 8ba1l -be ,.... OW'Der to have beenoomml~ted or: Dm1~t84 by
'.._or_tbe&l.l..ta.u~jecttoorllee pnIe4.._tlDCaricbttobe~ted 1lD1 otller penon otller tban oucb """.... ...,: .'
. - fnlllUed tile tor..,-.... forello .reoldenoe n-. 10 ucIualOll or -deportatloo __"..at wltIlo.t lmo.lec11o or .......ot ..r :tIIat. . .
~t otleCtlon l12(e); or,., ':':'.'~~, -, ..;. -. -...tbe .xpenaeof~. OOvermneDt. ' . _ _. .' .......iaH -> ; ~~- <~-:-_,;~_:'~..~':~..: .:~'~ ';-~:-~~fl
: ',.13~A).... admitted te tile Ualte<1 Sta.... 'l'n'LB1V~ALmN 8MUGGLlNGOON'I1IOL' . ~b)IO~!"ll2l- ".; .. ,'. !n...
.u &' DOD1mrnIIraDt .:I~ alleD .. deftHd aBC. -.1 WlDTAP AtlTaOIU'lT POR INYD'I1QA. . (1) by. 1tl'11d~ "OOnn7&l108l lIotb Dl&CBl5. "..'_,
'(0 OO\ltloo IOI(a~16KJ) or... OOC}alrK tile . '--. . 'I1DNS or ALlEN 8I\JOGI.I1'G AND 1t(~~;r:;r~~~=;.~.;D~,~~ "';,
-. of ncb a DODlmmlpaDt DoIwIp . ;.;."." 1l0ClJIlENUIlAUD. 1Ort1... "iI belDC _10. Ia facU1t&tlDClIee .
alleD after _Ion otIler tIlan to .-Ive 'llectlOD 1616(1) ot:tffi~ .1'.,~IlIta4 If tate.' . facilitated, la ractlltatllllr or ....lDteDd~1D..
arad.uatemec1Je&1eduoat!o.nortn.1n1D1,(II) Code....amended-_ ".:'- .'--_ .-., ':'. f&cWtate'" '..;':..,'\ ...~,__.. _' ",'_ ~ ..'
ta I1lbject to tile two-le&r forello.reoldeJlCO (a) lD Jl&J'&C!'&ph Co): 1:i1 tDierttlllr alter . (3)lD~ClI~-" .::....<~:". ;'
'NQu1remeatoteectioD l12(e). &ZJd(C}...IIO~ . '"'1:r&tne)" the _following: M_or _.flloZU' ,,01&.. '. (A) bS' .Uleertiac ~A)" ~te}y &Iter ~: ,.
, f\l1fllled thatrequJremeat_orreoelnda.&1.... UoD o'~oal028 (re1&t1nc to produed.ODof -"I(8)'''and .... .,..." "_.~_" ,,.. _," ''''-.;.J''. :./' _ _
.. Uaereot. or m tbe cue Olatoreip medJe&1 faiN: Identtncat1~ documentation). eectiO:D .UU by adtUac at the tGCl \be fDlJowtnc:~" "':'.~:.'"1.,"-';
_.-:ra4U:&t.e wbo ball reoetv,ed a wa.1ver pursuant UU 1relat.1.Dg to puapon; 1uu&Doe w1tbOllt .'IB) Before t.b.e ._1Eare or UJ' re&l ~_ . ~~_~.:.
&0 '.ltCtlOD laD of Jibe Iinrn1Cratjon 'Qd Na. -authority), MJett01l 1M2 (l"Ilattnr 1;0 taJae pDl'lunt to fhiI'eecttOD tbe AttorlleJ' Ob-"::'~~r
" tioaalltJ TocIlIlIcaI Con-eotlooe Act or -. ",,"'meOtlJD.\'&8POrt appllcatloDe). aectlon ..-aI' lhalllll'OVlde IlOtlce aild 0IlPDrt=tt)' to .' ':_. '.
-. "Pub. L. ID:HII. baa OO~.fulflllecl tile require- 1M3 (rel&llllllr to forcery or falle _ of _'___ be&nlto tIla """OJ' of tb. _pertJ. 'l'lIe '_%':'
. mentl oflMCtton 114(Jr;). . . '{.: ~. "'POrt). eect10c 15M (relat1D1' to mllD8e of Attorne, Generallhall JX'HCribe sucb Np_ ._....;.;:..
",' (e) CONP'ORMINO AtiE:NDK&trN.- . puepon.). eectlOD 1546 (1"el&t1nc.to fraud or' lations.. m&7 be DIOeU&I7 CiOeaJT7 oat tbtI ',_ \'~~'~
. ~(1) Sectleo at2(b) of tbe Unm1p'atiOD aDd mlsU8e ot: ~'.,~n:m~, ~,otberdocu- paracr&ph.u; ...' _.. ~,~.-:-. . ..;.l......~->:..~.:~
.' Nf.tlooa1lt)' Act II V-S.C. I2S2(b)) Ia ...e04ed meotl)"; .' _ . . . ..(41 ID Jl&J'&C!'&pbo ~bK4) ADd (~~6) by atnk. ,'..<~
b,lt1'ltl.ngtbe1&llttoro..o....-... . .". lb)bl.trlkl.....or..-.tterJl&rarrapllOl; IIlIr eacb place tile)' .ppeer t.b. sm- ....;;,.~.
.~ ' ,..(1) &lc:tlon JC2B of the Imm1eratlOD -ADd.. . (e) by _ rede&lruatlnr pe..rqn.pJ:ul ~). fD), conveyance" &Dd tile word "ooDV'eyance~"&84". .
'.. .~atI!IDIlltl Act (8 V.S.C. 1252b) lum.oded- ...4 101u Jl&J'&C!'&pba (n), (0). ADd (p), _c. lDeertlng "property"; ADd .'0 :::;"'1
. .,.,..b1 Jl&I'&I2'&Pb (eX2l- .. . Uoelr.-aod " '. . . '. .(6) bl -lcD&tlllIr . Mblec:tlOll (C) to., .'_.'.
.' ;'41) ~1.1forikloe .....~IO. lH4(.~1l" IlI4 111- . "(d) bllniertllllr .""r,Jiar.....pb <b ~.-rol' Slbaectlon (4) ADd lDeel'tl1llr _ folJowlDjr . . .
.f~ 'NCtionl+l{d) .and ., -',. lowincDewp&J'qTI.pb: newaublectlOD(e~_:. . ..7'..::,.- ...-:'";;:.~-:~_..._
. (U) bl_1dDr ''-:!,OD ~~l) .."d 10. ':(m). 'I1ol&tloo OfaectlOD1rI4. 2'7'I.orl'lll of .....(C)CRIIlDlAL 1'oRFI:mJu.~ , _ ...,..........c.,-','."
:flrtl'" '_tlool44(d) .and . ....: -:'''''',- c tile ImmlrrattOll a04 Natlowltl Act (rel&t-"(l) AIl1 "'''''0 OOD"C~ of. vloI&tloo 8(. :-:~~:.
. _~(B) 1D paracrapb. (e)(5~.- - ,'i~;. - '. be to the ImDl'fllcg of aliens);"'. aublec:t10D (a) aha11 forfeit to -t.he tJDited. .~~ ':;~
. .(1) bl .trlldlllr "_~on :N2(b~l)',&04 10-. Re. _ APPLYfNG RACIfE1URING __ Sta..... ~_tlve ..,.., prO'I'\oloD ~Sta.. : ''''.~
_rtJ~..MCtJonlM(d) . aDd ... ~'...' - . .1OAl.DN-.uoo&.ING. aaw-:... ~ _ .._. ._'. .._ -':"''0...- ,."';.,. --'.""i---.~~
. . (Ii) b1 _Id"" '''uepeIlllO~ of. deport&.. SectlOD 1t6l(1lof tltl. 18. Uolle4 _.... ..(A)...., coo~7ance.IDd.4t1llr &01_~ ..._'
. t.ion" and 1.DIertJDI' "'c&Doella.t1oa 01 ~~. . ODde. 1& amendecl--'" .,... . .'ehiele.or a1rcra!t ued in ~e ~-I~OD. '.'::::_
ticmo,. - '. .,. _ -(a) by atriktur oW' ~ .~Jaw oftbeVnit-- ofa notation ofaublectloD (a); and . ~-:. ;~~_~ : .:"
(d)(l)"Qle amendm:eat.l made.bY aut.ectlon ed Btatel:~ -' -..': .... : -. .' .... ''(B) any,lX'Ol*'tf real or penonal- ." !.: -,_' -:.:._' _
(a) or WI eection eba11 take ,rrect OD the. .., (b) bJ' luel'tlDl --vr....... toile end or.dauee 1&(1) r.bat oonltJtutea. or fa dertVet!.rr.om:-<< ~~:_F.t.~
daCe -of eD&OtlDeDt; .:l08pt-t.bat. for pu.r'pOIIN (B); 1.Dd.' _ __ .. .. . . .,_ . :.. 18 traceable to tile prooeeda obtained ~. --.~f~l
OfdetenniD1nc ~e pertod-ot continuous retJ. . (e) by ad41nc at tbe end the tollow1ng: "..,; .or.lD41rectly ftoni the ~o.a ata r.tola.;_ ~--1o."'i-..,.
~d8DOe.-lrbe amendmentB made Ity _~OD ......~.P).&DJ' aet. or oonapIn.cy tooomm1t IIIi; 'tS:on oraublectl~ (a). 61' , . "'~:-.'.;,..'_':~' ...~.:.~:;:-:-=~ '
(a) allan app!.v.\O.11 &I.Iena !lCfJnet..bom act. 10 'I1Olotloo or _tloo 1'I4('Xl~A~0).' -(U) tIlat II DOecI to racnrtate.-!lI' II....""'~ ,.:
. . ~....... oo_oed 011 or alter tile 1'17. or I'lII of tIl. Imnitrratloo..d Natloll&l. teoded to be DOecI to facllltate, tb~ ~:;.:"..:.___
Ala... of'*-tmeot.. ., .'. ... "tl Act -l8.'p.S.C. IlIt(aXIK4Ko>. 1127. .or' 1100 Df a\'lCllatloo. ol.bp.....r.l!lqallIJ\o\~. c. --- .
~l n.._nclmoDCI - b3 _tIeD _I.........,' ...~i"..,.'.._,.:' ..' ..:..~.DOtm..liollDliooini__....... ........~'o,:'
_:fb) o~~ aectlOD aba)1 takeea.ct 0Il-.u.e .-.c..... 'DPANDm ~ "~&.II'-"Ri POll . Jliiaon. ah&11 order that tbe peJ'80n.larfeit.....:..~.:-.:..
,'- . Date i,f enactment; eacept thaJ;, for PW'POH'l .'- -- .: .-vGGUNO_. G8 ..' ~_ t.be UDlted 8tatel alllllOP81'tJ' deKr1_..... _:.;_....~"
.ot1letenn1nlDl'theperlod.sotooat1D.uoDlJ'tltoo .-~,. '_: .,Al.RN8. iii. .::'." :" .. WIlUblecttolL:::::,._,. '....:__",,: _".;....".,.._~.~...
".Ide....or ...Mln.... pbyaical preaODCe. tIl.. . 'Sectl0l11'140rtlle1lnm~_Ud!f&tI"".. . ~~) The crtmIlI&I rorrelture'ol_IIOl\1'..3'":
.- ame~ la&de ~ lubHctJOD (j)) '&ball &lity Act or U&2. .. ~Dded iI U..6.C. 1120 u4er .this IUblectJo.a, iDCi'udiD8' aDJ .~_ ~:":J:. ~;_
- ~ _.to au &1iem upon wbom .n order to 1eam.n4ed-- '~:"~..-. - -~;, c' ..:_ u4 d1JposltlOD or the Iir'operty &uc.t &D1_re-~ _...... ',...'
~. Quae ta..-ed 00 or after tIl...... 0'. (alb, am.lldlIIjrp&l'lCl'&pll(b!lllllOradU. I&~ &dmtlllltrr.tloe or 1.4tcl&l 1l"<>-ecI1.... .~".,'f:
BD&CtIneDt. '~"'.. ~,-.. -followe:. -.~' ,---"'. ._.aballbeao"rDe4bythe.srov1IiOJLIOf...._.:..-....;:.-.:./~
..' (I) 'tile amndmeD"'lbI4e byeublec:tlllD'. "lb)SElZO"lll:""""_.-(II'hlerol. t100 113 of tile ColllPl'Ob.w.. DnlrA_"",. '.
{c) or WI aect10~ lbaU tike efl'~t OD tiIle Jowlac propertJ' -..u _-.bjecc. to aelnre PreventJon and Control-Act ot11'1O (21_U.s.C. . ~;;.~~,~
date OCenactment. - -.' ~, _ _: ,. ud forfeltun: . -~~. .' ~'_ - . '153). 8:Jtoept tor aubMctloDa tl3(a) &Ad 411(4) . '-:0.:- .~
. RC. .... IIaCI88ION 01' I.\wnJL I'EIUWID<r ". ~(Al &01 ooo..._.100ludlDr &01__1. .blcl1 IIlall Dot &ppI, &0: _.1,",- !Ul4ei:, '.'c:, '::
-.' aam&HTftA111& . ..' -.~ 'ftblcle..Ol".a1rcratt. .b1cblau.IIeeD 01' i. W8aubaectton:'.. . _" .' .... .. ...'. _ :....:~__~..~'
Sectloo -., or t/1e Immlrratloo and N.. 'belog DOecI 10 tIl. oommlIelOll or a 'I101&tlon '8IlC. _ fNCIlEASED CIIIJIONAL I'DIALmal .... ' .:...
~_UtaAct(.l1.S.C.1256(a))laam.nded b, .0ro.~OO(.);axoepttllat- -,...,' ." '. AUKNIIRlGGUNG. .....". .,.~.
. &4dlog at tIl. e04 tIl. following _tellce: .....(1) OOOOIlvtl1&Dce DOecI bl &D11lOrWOO-." "'tlOIl %14(0.) of tIl. Immlcratlon...~ Na.
. ullothiDg-iD ~ lublectJ.OD _n require .coaunw O&J:rier b:ltbe tn.D8I.ction or ftv.at. ~J)D&lIty Act (. V.S.c, J32t(aU la ~~~.' ._,--:~~;t..7
tlle At&orDey General to f'MCIDd tbe &l1ep'l 1MlI8 as. oa!!lmOD carrier IhaUbe forfeited. (a) in WbeecUoD (I.X1MA)-.-' ........ ~ .~. ..: ,._,
'.toe prlor!O commencem..t Ofprocedunlll UDd.r.tII. _"IODO or tbll.eectloo UDIaeIlt ~J,..) b!'jl;l'l~ :~~'I'~""" ~ P[.~.. :.~~:..",r
to deport the .Hen uder MCtIon.JU and &ball appear tbat-Clle OWDIr ar.'OtherJll8l'lOn AA); ..:. .... ;'~~'_I\../ -.;.,;;. :;._;:_...:....._,.._.;.;.." ~~l,
III2A. ..d AD -. of d.l>OI'tatloo lII.ed by tn'eIla!'ge b(lUl!b _..,.oeil... a ......D't-:. .;{B).bJ'.11dDr tile ...mma 'It tb.....~4... :?,c;'"
,:.. JmmIrTatlOl1.lullre lhall be .mncleJltto .... partlor pn.,to tile 1lIer&l act;..d /.. da... (Io).nd I...rt.l... .:; or"; ~i>d , '.:' ~_:_ ~..:.,,".
. .....IDd tb..U.o...ta_.... :.' . ." . .<'~2) 00 ......)'&DCe oball be .rorrel\ecl wider (C) bl a44!IlIr.t tIle.s.d tile folle;!rllllr ....,:.'7,-',.
8lic.11J.1NCR&A8IHGD"nClDICYlNbIIOVAL "'e Ilf'OAIl!ODlS O{t.h1a aectiOD b,y'iuloB br cJa.uee: "., -~ . .'~"'.-'~-~ :-...~'.:..... ...;~..;;.:-J..",.4,
':" -. ,OI'DETAlNmALD:N&~. .. .&DYl.ctor'om1aIOD,.r.abUlhed by:tbeOwtler ~'1(I) e'Dgagw tD 'Uy conlp1racy to.~~.. _.'. ~..~:
~'-) Tuft' are &utobor1H4 CO be appropriated t.bereot to haw 'been oammitt.ed or omItted... ftI~ any of"tlbe_ precedinc actl,'or eu) ~dI ~: . :--~~~:~ :.1
-"'.cIa -!Ul11l&1 be ......,., for tile A'" bY'1lIl14lOl'lIOIl_r.dwl "'eb_ wbUe . abe1iltlle~oDor&D1!'f}lleJlrOOecll!li.'. o<"'~~,
--t.ol'Dey General to.ClODducta-pllot ~ -: neb aDnyt)'UlOl.... GDlawta.l1J ~ tae lOIa &CCI.'~{ ~_ .,-. :'..: ~'~., ~. \~__. :....:.:.' , : .....~, ~ .f_.-:"'.. ''': ..:.~
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.... .: "Dl~_.Ilo~Ior~ ._..... kIuooel_.. .... elaclocloto_a,..bollu-.--__ .-'
.:.;: ".u&1J~, ,'._.. . _. ",- -.m_at.t:awJ;1me8lal.lbe.~talo ...w1tbbold:1D1ordeporC.atloDand~....,_-_-:
;'.' ,"'4A)___~'_ Jo All...... _ ~..r_ _ _ as _ ,acatlOlJ Iou _ _ adla4I...Ied....- __',
.; .' ~ _.IM._ 4Il _ _11"___: '._'. "~IC&t.Ion_""<Iealed""'____ :...:;
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. traocht.lllll> lIlo ~ Jl&a&8o'la -- _lIIper&tlarl._ ~ (2):01 __ ~ C.llllt.belol'-"'c _..., '~'.' -."
. -allIIl...-- , . __ lal_ a....wal... ol__1s . -.Any aliell.-.way_ ___': .,
_- sball.be .tlDe4lmd.er ~tJel.~-lJ.-.c! .... ,CD _ UQ.u14a~ eald. <<-ot.berw1_ dU:poIe4 al in c.he VDt~c! 8t&te1 a. aD alleD-wIle 1Ii~;_ ~
. -obcle, "and ablJl _ .t.....-. --.....-t..", ~or.... r-_i.,....w- -..d Na.c::ara1b:&IiCID.a.r.~ -IIuded wtthla t.be meaa.llll' or t.bIa ~. ~
~ "iiiMA'~.-:'" _ -_. '... 1oe."mU.ch.1n.a4:w~... t.bt c.......o-iamour '!'1M: s.m .'aJieII....--.....~ ~....... - ?
" .'dllll.......loalalllllA.-:. .' -~. ...bl.lJIC__......._1ft<tlc&l>l.. _IODOa1I_de....ncI_~.----i/
., . .,1117 -1<10& tIle.1IDriolI _ _ ctr) '. 6011 ..pon; the __too tile Atto... 'fte JrOVIalllna orMCtlOD llI7 ..........1111.1110,..
_ -..c a.... _ WI ... na&I _.. . ""7 Genoral. t.be ~ or lIIe o.moe of ""-",,tlOll '" an _ all... *11'~ '-'f
._. '__ :.. -. .. __....".anaBu~ud_ComJ>lZ'Ol- 1Dtlia4el''t.atIoaor.___-- :--.
. .-~.lan olf.....__ W\tb__ lero.aaral.TIle ~..,tliallqu\lla"OlJ. __d).-, . "","'." ':. >--., ..'. "~
~-<< wtC,b re&aOn to beU... &al,-Uae ..au. _~ aale. gr CItbc' ...t...-h-i-. IUter obIipClIGeI tc, ....cc.tqll "2I3Cd) << .. Immtln.liln .aI,. ':. i
_~ _ tato lilt Vllltacl __ &'Ill .are JDO~ a'Ilall1Ml _led la . n-euur,. NatlDll&ll<7""(I U.a.c. _dllto- ...-+
comm1t&noffenaeap.iD.t~VIIIWMtacat. .Qf &be "UDlc.e4 ~._.ajlO8l"""'" JW-_ .~..Iotlowr. ~-._;' - .'. , ,.....~._. ~
oran~S""p1_117"'j>o_._tr.r ee1pta. '. . . . .-.... .... _11 __ _ -"'''' i:IIO......- ....
. .......lIIanU.......;... .,' --' . II) TIle:&lamlpatlea Md .1llaWraI_ ..--._ 'PM. u_.c._..*~.'"
G) 1. .u.~~.,..pb tII) "'...... ~ e..k.e ab&l1 ~ M&a.lie4 n-.....j.J... 1Jcer. or ma.oal' or aDJ' .._1 or-..tJwaft,..,.: ..:;;
aftor"'(.&)(\)"ta_Ol.'. ._ or e1000d _1OpOJal;Iena ..a _at;lII.IlDlllod__'_...,._ ..c"
-.::. .... ......~ ~.... ~U!Juia aAd aIa&ll npon. Cbe reIU1Y oata1de the Un1t.ed 8t&'-.tiO dHala08..... ::.i
. ~.... . - -~ -'- - -.' otIM aa41tetD ~ &.0 eM Dep.1Ii7A.u;or- or at~uch ~ place.. m&J'..........., .__~.
..."....) Wltlt.....-ct1O..,. ~__._......... M7GeDeral. .... -, -... II:rm1.Icr'&UoD otneer aIlY.u....... .--,.
-,.ttve operation or tee ~ &JMl ;'8&(;. ... AMENDED IIEnPCI'nON ,. ~MM'&l- __7.mati1 Neb -.c.o..wu'~ .-... ...: -'_~~
__ a.n.. ._ to --.,- . U'mDn:IAlHY. . opoctecl by All tmmlCTatloa om.... .,,- t. 1
tar tale 4etectIon a&d pH ~n.-orc:rtmell 4&) bf.-GDlI:IW.o -Snr..loa _<&.1I(CS).ef' Ute JIP8C't1G11..-cbe AtlonMJ' OreaenJ., __ lIt'tG ....,
,'. ..-1- u.e Ullltacl t\UOn- '" . ImmicJatlon ana .~atloDrJlt,J ~ "IlAC. f'ICDlatlon. m.., take -to _.. . :t
, ' fl).umlau.tbonHlSt.obl__....... 1-tor 110Ua)(4.a)).uamendedb]rMetloDzzaolUle 4.ZlJ' atowawa'y and eb&Il...... u.._.._.. ...
.... ~a &Ild NataraI_oa lIenloo Imznlcral;loa.aacl Na&ioaallt, TocI1IllcIl Ca.. -.-r, ___ _. __ C,: -
.. ..,. CIlIa Aa...., ~ WHd lex' .....DI' III*JllI tectloDl Act. t)f 1i9I (PgbllC .... ..........Ja .ncer. or muter or Cbe ..-e) 01' .an::r.ft .-
r~.:" ...th1DtbeUllt1ied&ta.te:I..u.elMst:net-o(tf_~ ----.... _ .;... . wIaldltibe-.o.a.q"'-&n'hred.._-et-.;:,,;-
Jumbla. and tIl.$In1ior101o..... ~ona 11) l.abpoNarapb'OII. "" ~",Io( lIetallll.. the ate_wa,. nallalllleUlo~..
.,aeUDttect-8tateewkboatreprdtlO-.c--.JUle18,Un1t.erf&i&CftCode"~":_. .-., .or1Jle owner,~. -.eoc.. . ~-::.:
__ . . ..OIlllB'llllal1>ftlle__...mD.II.C......lI)IJI__IQl.b'.-___ ___.....~_r._...._.,Ui_:.
'., 18111. __ _ (alof_ __ __ ""'notl....." ad all _1_ ap to _ Dr .alrcraft am_ .. _ Il1IltAld _
.. Ii] V.a.C.. l\(a)). -U0l1-.J06 01->11. __.Dl _llII.a.t.UlOMl4 a.ad __ ........ _. _...", pIaoe ...- 'Ule Ihdted BliOIoi'lrl.
~De.,l9I9(t8 SCat.. _;41 't'.8.C.._l.Ce. pu.rpoeeor~~na&ace:.'. ._... . tlIportUf &1Sea -.owa..., oeUM --.1_ ",-.
..tlI1rd 4.d..nated~ph 1IDder--,;be (b) 'Jtn'acmrI: ~'IS 01' ~.~ &.lrcr&f't.em whicb lIUch ate.aft.)' azoriftI.... .
. . ; Jlood1UC..Nt_I........." 01'_ Aao.,alNarcb, Sloa 1Il1lal<U} at tb. ~c>aUoa aDd .a, .. -.. _.....- .._'_.
8, 1m (19 Stat. J"fII; 40 V,B.C. 'M). wctloD"'1&18 1ioD&1J~ Act{8 U.8.C: IlGUaK.U." ..ead~ ar""lib. .....1 or ~ oif.hkII .... -.:.:
..01 tal! f'teon8ed St&~u:teII m 'DAC.""3S34). -.0--, ed 'by _ctioc Z22(f)O! t;belmmicraUo.,aIIll -J' -am... .ben 'IlIqGtreOi '1040 10_-""
.. ., tlon 1'141 a! .... lWotaed _"'''''0 D,S-C. . t1.Uonallt,J TocUkaI COn-c&j_ .llet <>t __oa._'- hll..,.. t.o 8!imJll~ ."".
, . '. - ':&21. and __Olll (a) and (0) ol_1DI 1Jlll (l'<lbIlc lAw JOHl.) Ia -loz add..... prvrialou or lIIle __ oIulll-'--'" .- .
.. .'. oUlle F..se..l Pro_ aDd AdmIntmatl.. IIIc a.u.eeadl.betollDwlnl"'''''''' .' , . die 1In__-ar.e.OO8nao.po.yahIe.._:.
'fi ..:,.:~...~"'_IS3_.~~IJ.&C.'" . ~tl>at.aad\Dr~ __ ~_.., -......_ as...n- .... eal~"!I!r",
· I - ..:ta) aDd (c)); . _ -:..: .. -. . . .. ". law, t.IIe Yrm ...u-- aU pAI'......... liD COD- .-.ch .)teD aow&way, .PeDIi_ -a.J.........,.
~ r! _.--'"; ~ - ._--ul euma ~ t.:,"t;,e'&pproPrtatel for "'CCJOUI ent.ereCs before. OIl., or.atr.ert.he:.. .-aaaUoD_ U&bWtr.1br ..cb:lhie, '-.tIMIb ~
..-,- -.._- sMIrnmlgra.tio'Oattdfil..Ql!'a1-.UoDI!IeI"fkle Dt-...........ft~of&A1l6.ct....". _ .: -...e1CH's1rcn~dIa.U._I'1"UItoed""'J.Cl.~~
. _": .- dlIa Act ma.r M aBe4 to Illlic&bUsb CI".to IIC---(C) APf'.uCAnOM so W_nr nnMI:OF DEPOR.-. ea:ept daa.t c)~ -m&7 'be srain;ed ...
~ \ .~ ~ ,woJll'ftta1'7 -eot1JON.'tI<oiaw << ba.I:m... 7&'!'1Clti. 81 t:.b,,'l JltSCb)..of &lie Immtrratton . -tbe o.pGlII\-OI' & wm tRlfftc:ieDt lo .,...~,
~ .eaUttlll U put of aD ederooger cpe:r:aUoa, ,-<&D4 .,...w.....1tU Aat.-4I_ U.B.e- t:lJ3(b)) _ ' ODe. arGl'...ilond ...tIlcmdeec.~""".
. . &Ildtoopeia.....eII____-or- ~la JI&I'&IT&IIIo <Jlq.u.rtIag'_ __ tbapOf1MD._NOI......-.~_..~
. . :, _Cia. Oil.. __..._. ..J-I .1IMt&, "W1\beut re- 1Jbicb c.be Mr.teDce. 'mpw:ed. 11 A ....... . ~'-t~. Aa &liea 1!1ld .A-~" _ T '..
~. ..- -..... r.o &.he ponsIoaa 1If-~ 11M of'dle JDaI"I...at;,er .....-rn.ue4.te1car". . ._ . upoB an1waJ __11 be _.A.t4ered ......DW.il
. -Gooemment __.- ~,Aet m .' . TlTLEV-DISPZC'!'IONSIUlD' ",.:.-:, aIlea uad.r tilts Aet.~ _el.... er_- c..
u~c.:.~_..-...... a.......:;~ l\Ir OE.';:~-.=='': ~;,,:...':: == ~~.:::- .::....=~,!Z
*" IrnmtgratlOD _ 11_ -.. '.' '. ___au: AUEN8 ,.. __ r\cbt of appeal Jl'Dvldocl .... 18 _ _ ]I
__ w. Act,,-.zrd tbe pi !'!I- tI'Om -.cb..~ ........... ,~..GUI- .-a. .--..-. Mt.11 DC&&PPll' to&11em ~ &r'I'We~"___: .~
.. &"'_',_ ~...tJl.n.L, "1!IQ' tie -depQsSt,eO .ta' .-Jie.adOD1I3 aI&be1mmip'&ttoB &eiJ.'Naiao&. awaYI and no .uell aU... &!all t:Je permtQIIlI '.il
baokaorother .nn.~~al __.' . wI_t aIlQ' ~(lD.a. 'C'.lII3lloamellllod 117- .' w Jaad m SIlo llDltacl_.__ "'.
ncard .. ~ ~lImI al._ ... or tal ItI'IkJag -_1Ilan _lintp.Oori.. -u, l\Ir -.IlcaJ -_ .._.....,
TIlle 18 ortllelln\tod S..... COde, and __ ........_l<IITrlrDla-_('.,.ud .._...._ aa &lie "-'-- _":'.
.tlOIl_oU....1tn\OOtI__i3l-.JIAC.' ~l_"""_'n "..._. .__...tor__.....-.....__...
. -&!ll2l:aul . ',., .', -.....,' ,.'. t1I..._.Ioa(b~' ...... ,'.' ," _orde_oa.''-.U...__..
...)tbep-ooeedllram..eb~-.nr_.ep&!r- ~-.c.-'_""._"~A'irDi~ tJldtec1 Btat.eI, A -.0....., JOQ"-......:Wijj
.attoe m&7.tI! WIIed_ omtet.-. . ,. Md.. .--'...~.....-u.rrr'OP81'OIfA..AY.CAlDUDl.U- &Ilriara or wttbboidt. _ or *. portaUea....A.
: ..~ ,.IIeI.IOna.ble ezpmees tDCUrred ill ..eh ~ - ~~ '. AaILI"IT ftJRCQSTS 01". n...~ ...."""Jdt:,4 in -.ccI0D8 .. ad. "ICJ(b)..,..... .-.'H
_a wltll""~_w~ ~..f__ 'ja) _ J81(a1 ol-Ae 1JDmlIta- aDI Act. _ -... .. - ......-"'!'-._....~__ .
_!IIl.7 or_......... __lBl V.&C.' *'~Act!lUAC.llGi).__niIodb7 tonleyGeJleral may_,\aIL-"'~"-c:';~~ ~<
.1302'), . .~..., , -aM1l1Ctbeft)lJOIriIJC._.L ~I--:,;':." .-:. -.'I.IIT (tip ALIDf AM>> aTI!I!II....=.
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1Il&7'" _..17__....._11- ...- _ _-....... .0<- _. _'1lIIla)ol_lniln\cralioa_....'.:
_ atllle <:oIruDlalI>_.,.... ........va- ...... ~_ 01_ -. ",,--:..-' "'--,," ll<lt.~;lUl =lal).11 ......- .~
.-'. ,.&iananllNa~~8e~.1DCO~.,._ta.Ill~_lIralr- :-;r "-_':~ '.: :.::' . _..,
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"Maya,l995 '.CoNGRESSIONAL RECORD-SENATE:- .. .. .'. B6101'.;: .
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. :(a) ItrIklar tile lint IODtllloulld ~ whlclll"onnll JlOlt of tIio bordeN a..s _"(A) dneJop aIldlmplomollt 1"~.!.3..Ii-::';:t:';; ".
--a.. tOIIowtDe- ... .. .' .' . . .'.. . an. __iii to _ DDlt<l4 StaOM. COlD.. _oed I.. __ lor _.__..' ..h-. 'c'
.'~'I:acoDll_wlthlllelUT!nlotAD7por. 1IIOI'C1aI_.._Q'aIII~_....... _1'1; . .. . .,.'1" ...: .....':....
..'1011 bJ waler or bJ air ~ &Il1 pen Wltlllll thl ~ _..... _11lC facllltl. ah&Il . t'(D) &dJ_ the border _De a..r tel.. .-,;~c., ~
"1lIt<l4 Stateo '""" &Il1 pI&oe outllcle Sbe III ch&rpd tile pocIeo_.roe ror lIIe opere. r104lcal1y to _pe_Ie tor IDIlaOlOll; _. .-;.~:
.I1DJWd Btatee. 1t ab&ll be tbe.d.'Ut7 of Ute tor aa4 f&Cb. ~Dpr. uoePt that-Crewmen em.. u.tIoAa1 aftnCtl of c.be oouumeJ' pridl ._--.. -' _'~
:muter 01' oomm&D41nI' ortlcer,'OJ' autbOJ1ud on rent.. IIb&1l DOt be cbarp4 and OODveJ'~ ADdu. aDd other MC&l&tloD !II Ce cott 01 .- '!:-.1i.-,:-'
'ilpDt. OWU8r, or OODSiCDee of the v-..el or aao. OD 18m.. _111 be charpd tbe CODvey-' O&rT'71D1' out the purpoeea ofthsa Act; and. . ---.':~: f~
~ bavt~ Rob penori OD board so 4e- &DOe tee. TbeIe ftlD4I ab&ll be.aft11able to ..(C) ~Dtract-w1tb.,pr1V&i.e aud INblic eIC>- ~::~-;..;~i'
. 11_ to th. IrnrnlcI'ItlOll om..... at the port Sbe AttorMs GelleraI.1ll _00 with . tor Illtltl. to colloot the r.. a..s l'IQolro Sbe ::. .: ;;';""<< .
'or IUT!n1. or othlr plaoe doIIiuat<l4 bJ Sbe tIllI _011. ...... '..'.. . .. . .,. . oollOCtlOll or th. r.. to be performed bJ I~ . '. .'
'.ttol'De)' General. electroDic. typewrttten or "(I) To tbe ~ ut.eD.t pnctl_ble. tee bridee. wllDel and other traDaportatiOD. all. ',' .:-; ji,'. .
pr1ilt<l4 IlIta or IIWlIr_ Dr till IlOI'IOIlI OIl '....110. will 110 1'11_ III \lOI'tlclpatiDC Ulorltl.. 0_" ID tile DIlIt<l4 &&tee; In, . .. ..'
board luch nIIe1 or 1J.rcra.ft..... .' ;" Porta iD UIlODDtI tbat an approz1ma.te17 du41nc felT)' operaton. adJacent to porta ot_ :_:. _4
~ (b) ItrlkiDl' 111 the eeoond _at.eDoe ~l .J\rOportlODate w uae amown. collected at entr'7. where JUeb authorttJee u1at. SUcb a,a. .. ~h.:""'- ~.
;110 IIf'llpored" and 1D.oer1:.lDC'~ 110 pI'O-._porteandwlllllOtIllUlldtolObItltole. tIl0ritl.ah&llbol'llmburlodrora4mlIllItA.."...,
..JI&l'OCIandlublllltt<l4";aIld.. , .: . '... ' 1Dr ~I _l11'OIItbot would III ail00at<l4 to &In COItIl'llat<l4toCOllootlOll orthe1.... ..'.....;..;.. .'
, ,.(c~1lloert11lC alter Sbe oeCoIld _leDoo t.1>o . Sbe.porte If Sbey ...... DOt III Sbe Jl"lCI'II!l, '~6) Not~ III tbIa _tloD ohaII be--,~i-::.:.
tollowllle "DteCOO: : '.. ,., ...' llot will be odclod to lIIefDDdI t.1>ot would lIt:ruod Ill> limit th. me!.bode UIId for roe 001- ,.;-::.......-
. '~ "Such IIIte or Ill&IllfoIte ah&Il cootalll, but otbll'w\lo beclod1caliod to portopeDdIDa'. JoctlOll, IllclodlDa' outboWlll CO~Oll"'U" .,.;-.. c....
"poO~ ~~:i ::u =~. :'~f =: .:(I)(A) Bach Jt&te that _leetl ODe or more Iee.-(e') AllOt tbe i.. oOilec~ undft. ~~ -;:.=.:; f. .
porte to pe.rtlcIJl&1e III thl hord.r .....-1_-. , ...
.pDeIer. c1tUell.lhlp. tra..1 dOCum'llt 'humber ....r roe PfOCI'&m may _blllh I Bord.r _tlOll ohaIl be "poolt<l4 II orrlOttlDe 1M" ".
(It appllcabl.l, and an191.. filibt llumber;". 8er91_ Coullell ror ooch \lOI'tlclJl&tlDC port. wmnllll&l rooelpte III . "p&I'&te .lOOOUllt . ','..i;..
--- a.DIINA11ON 01' UllJTA"ONI ON...... . "(D) TIle CoWlClII ohaII de..lop opeDdlag wltIllll thl TrMaIl1'1 or the D~lt<l4 6te__ .'..'.
.' MJGRAllON USER I'ZE8 POB cza.. be upeDded 111 aooord&Doe with subleotloa ~- -:,~,~-~-.
...:.: '- '''TJUNClWl8ESBlPPASlI&HGDIL ....orttt_tortiheportludllUbmltCholepri. (2) of th1J MCtlon. Such aocouDt ah&11 be --~',;.,-,
4loctlol1 _.xl) orth. Im.mIcratlOl1.&Dd orlol.. to tile AttonIoy 00l10nl or lalaor hot Do"" II lIIe _ 8om_,Doer'" Mo. . ,~, ,;:.
Natloll&lltyAct II V.6.C.1156) 10 amelldodto ~\fD&t<l4ropreoelltatl.l. ._IlL .. C... ._.. .:., ".~':.:'~",'
nod u rollo..: . . ~ III Port 8erv1_. n.. AttorDl1 0I1l11'1J M('I) BTAIrr UP ColrI'I.-'l'be AttorD.y. 0111' ;':~c.,~
: ": '~.No tee ab&ll be .chalpd. UD4er AlwectiOD 01' bJa or - deI1c'Dee ahall a.cooa.Dt for U:tMe <<&111 autbortAd to adftDCI from tbe 1Vork~ ~~.....
.(d) for imJnI&'ratlon': fup8ctlon or prforltlMln relltQ8t!DI' fee reftDUel to ftmd an, Capital Fund of tbe Dep&rtn\ent or J... -"~7'~:: :-..
Jll'eJDIPictIOD prov14e4 tD oonuctton witb a441t1oD&1 perm&Dent and tempolV71mml. tloeto the BoMer' SemoeeU8er'FwACCODDt ~....",~~;.-:.
tJie a.rr1vtJ ot&DJ ~Di'er aboard I&D inter- crattoa iupecton &D4 related IUpport; tile the fuada required to implement tbeBonter ~. '.,,;.~
oatloll&l r.rry.... . oddltlOll. ImpronmoDt, &Dd modInOltlOll or 8om_ Doer F.... ~Ipte (rom WI ... c.~:..~,
DC. .. ~A"ON J..Da au ~ IacWtt_ at porta of aDt17 and border are&I eb&B be tral1lf'emtd ft'om tbe Bonier Se~ .; -::.:..... ~
'..... 4 . In' POR 'I'8AN&IT WJ'IBOUT YISA. oont1luoua to tboee portl: the ezp&DllOD. o~ Uler Fee Aocount ud depoilited .. offleSt;1JW . .. :.. ~~~.
.'__ . AlaNI. . en.tJon. IUd 11W11teD&p0l oftnfonzat1on lye- reoelpta to tbe Work11l.1' C&pltal Fund f1I the .._....:'f"~~'"'
~ .seetin _C) of the lmm1gra.tlOD aDd. N.... tema aDd. &dn.noed t.echDolO11ea rela~ tD Department or JUItloe. up to the amount ad:
tII0DAUty Act (I nAC. 1228<e)} 11 ~4ed by port-ftlatecl..mcee aDd enforcement. ~d ftDoed. by the Fund to lJttui4ate t.bed.~ . ~..::-.:~.;~'
.bIaerttq &Iter Cbeftnt _nteDOe -t!le foUow. . Che eDh&Doemlnt of facutt.&tifon of.J.tJI'I.1 traf.- proY1dec1 b, tbe Department of Jattce Work.. ~-- -' t
'~ -' ',.: t. '. . Dc aDd tile NducctoD or border !iOl'D~ &fad iDI Capital had. .' . - __.' ;'.:: ~:~..
"HotWlt.1>lt&D4iDlr &Il1 _.r pro1(lolOli or &III_II..... . . .'. . "(1) EF..,.,... DAft.-'nIe Attorlle1 QeD. .. ~::-;:::'
t:Il1J Act and In consideration for brtna1nr .12) .Poft;.ftlat.e4bb&1loementa. The At-- -eral aU ber1n OOUectiOD oftibe fee lD &'PII'. . ..~,-:.."
aUena.traDa1tlnc IihrDUI"h t.be VD.lted Stata lonIe7 Oneral ahalJ ~t all N'nIlUN tIclpatinc 8t&te 'aot later then twelve r:-~~--'3
without. a YiIa, tr&nIportatlOD liDea m&ll aft11able for upea.tII abaft and be)"oDd the '1I'I01IthI from the dat.e tbe State DOtInes tile .
~. .. p&rt. or &D.J' oolltr&ct entered into ooew eet 'foRb iD eubpe..ragN.ph (1) co the Attorne)" QeneraJ that it b&J aelected petru -r~,~
DIlder thiJ aectlon. to ia4emnU'y t.be tJa.1ted CouDcila. Tbeee IftZI;t fUDdI Jb&ll be apent on 'to putJcis:ate ui _the border _rv1cea _fee ._ --:-~~.
8t&teI aPJDlt any 001"" ror the deteatloD eDha.Doementl outel4e the ~ that faclU. procram.' . -..'~ .-:-:;;":;..lo,::!';,;"
and removal trom the UDited 8t&teI of t.nJ' tAte operatlOD or the 'POJ'Ii or otberw1ae en. .'(9) PENALTra POll NONPA1'JfENT.-nt.l.t;. ~....... '"'. ;.
ach aliell who tor &111' I'eUOD: ' baDae the now or people Dr I'QOdI acro. the LorDey General may 8ItabJl.h peD<JeI tor . = ,. '"
. (a) II nru.ed a4m.tuloa -&Q tal. 'DD1tecl border~ ... Don.payment or f.. u detenn1ned to be MOo- ~ ;"~,:::' .
8Catee; . .; .., '". __..;.' -- ,"~ '- 6f(I) Pol' ~ without Border DoUDClll. the NII.r7 to eDlUJ"l oompUaDce With the P'Ofl':: ~ ~:~==-:~
{b).ta11I to DODd-Due h1J or her journey to Attorne,. Oceral or h1a or her d_lruee Jb&11 .sOUl of WI eectlOD. . '. ,.., ';:.~~ '. . ':;:~~<.t
a faniI'D OOUDt!'7 "Within Sbe time 1X'UCI'1bec1 make IftZI;tI or all tu.DdI beJ'ond thoee ued .~o Rmul.A110HS.-7-Jle -AttarD'" ~zwal "_' ~~~
.YI'llrUlaOlOl1: ... .. !Dr the __ or ~~ (11 to~. ..may preocJ1be lOch ruI.. &lld I'IlrUIatlODO U '. #'''< .
(c) 14 rellloecl odm111l011 by tile r"'lID _.... . . ... .... may be lllOllO&l7 to C&1'l'1 ClOt tile 1lfOl!\II0ll ':..:;.~~
COODtry. to which u,. aIIOll 1o......1IlD&' . "(ClTlle!'\llllbol'lhtp or tile 00uDcI.' . II_II Dfth\l_OD.". :." ':.~'. o",.-':.~,~;.:-._.c:.'~~'
wbUI.._tlDC ~h. lIIe VDlt<l4lDc1odo: "".. '. ... "'.. . ....... _..,_ ~~
Bta_-. .. " . . . ". . . ::~II)thl'leat&te_tatl....jpoIDCed' )rI'lLllVl~A)ID~~#,<~'
-.c.-.~..ioDEftRMINI:ftMPmC- .byt.heQo\rerDor,.tl....toneot.h1oblbal1 ,4' -. . ~.' '. _'._''":..;.:_J.~~.._.,~._::::..._~~
" DSlNGPROCaX1BD. -..' ,'. repl"llleDtbaatDeeliD~' '. '~.:c..L'ALlDfPllOlftlVnOH..~.'--:':."-~":-:' :~~ .....~.~~.
.8ocOlollJOa(aXI) or the Immll1'&tl0ll &Dd . '~2) thI'Ie I~ "_tatl... appomt<l4 .1Iootl0llt121 or title 18 or tIleVIlIte48c.iiii" .~>,:
lIatloll&llty Act '(I O.S.C.llUloXI)) \& '111 tile May.... Sbe COlulty Board or 8oper- Codi 10 ameDdod by_. ., ....~_~:.c ,. .. ,_.;;S;.
_clod bS' t-UIlC.lIotoro tIle.perlod at ?IIo....t.1>eTo""COllDcII.orotborloOlJ._" .(a) lll.t.1>o.~t fI'&Il'&IllI4 ~.''::;:''E:-.
.'tbtad. t!lefoll~. ' -..-nlDc body. AI determiDed b)" the atat.e. aDd. (a)- " . ,_" . ._._.~.:~} ~"_ __. ~~''''';'"'':-'''',.,...,
..... eronded. bowner. tbat not.btlw 1D th1J u(I) t.bree recleral npreeentAtI.... iDc1a4-_ (l).ufkl.ac ...lIeD...-. ,...:.. -. .{, ::.:~;. :~ ~5~=": .' ;...."0
........tlOll ohaII III OOIlItruod to Umlt tile .1ll8' a 8omoo repreoellletl.. appolllt<l4 bS' (2) _De atter ~IDIIl91daal"4. fint.' !~~
aatbarltJ or tile 8ec:retuy of State to cJe~ "..chI ~IOD8I'ja CuItomll'eJll"llMataLtn time ftaPPlUlu.-kaOlrtnlor iD NCkJeM.a:. :_' y~.~~.): ',~
mIll.Uleprooed..... ror!.be prooeIIl. 118 or 1m- appolDt<l4 bS' - 0lnlmIu1oDer or Sbe CUe. .rop.rd or t.1>e be. t that -.ld lIldl91duallo...... . '__:r'. ".
mJcrt,zJt naa applloatloDl or tbe locatio>> toms Bentae: &D4 . 08A repneentatt" a~ a1I.en."; aDd. . ._... . . -:._. ',,'. .-:::.~. '- ~~-~~""i'..:l'.
when Macb app!toatlcma w:Ul be-II"? T-f~" po1Dted by tM .adm1J:l1atr&tar _of GeDeral .. [I) ItrlJdac ''W1th1n three 7Mf'I aCer tha". -:r... ."::,
8C....__UURJD. . 8et'rI_..' ..'. Illdl91dual hu IDlem thl DllIted 8letU --;,f",.
_D 286 or tho Imml81'&tlOD and HatlOll' MID) The Coullcll& ohaII be ..._pt from tile. lrom allY COllDtry. party to thl arroaeollllllt ".,..:"" 0
alIty Act II D.S.C. 1358) 10 _Illded by Ill, I'IQUlromOllIl or tile .Podoral Ad9loor1 Com. ..sopted. .July.. IJO:I, !or t.1>o ..~ of'. ' .~
aert1nr the follow1nr Dew 8QWctlOD: . "_ . mttteel Act. . 'C.B.C. App. AU OOWlctl mee~ the wh1te4lave tratnc" :., ,-", ' ...' .l.": -~~t
"(oKll fD &ddltlOD to &Il1 o!.ber roo aothol' ;IJlp 11>&11111 opeD to th. plblle. . . .' .' (b) III thl &IOOIld IlU'llT&Ph <If _tl..... . .'": "],'-:,
_ by Ja." tile Attorn.y OeDeral ah&Il "(E) Bteteo that ..Ioct porte ror]lOrtlclpa. .11-', .".:. .' . . ' . .._. .... .. :.c_",.
c:Ilaroe aIld ooIlect ar... III DIlIt<l4 S.talel U"" ID the bOrcler ..m... no.r r.. PfOCI'&IIl i1) 1trI1t1ll'- ~:___.~. -:II" ,;c:"; ~'~:
cuneDC7. for 'border-relAted 11m_ anGIIl. JnQ' witb4r&. tboee portI from the JII'OI'1"Uft: Itaalltell"; Qd '.. > . .."...... -. : -;. ,~~."'::.)";.L- ~'
_.llt, at porte oelooted.y the._'" III alter amortlllt!8' &Il1lmpro..lllItlle Sbet - Ulltrllr:ll18 _tIlIll tlIree,.... &tIer_t :- .7'",-'-,
which they a.re locar.ed tc parttefpate 1D the "baVl! been made W1t.b revenUel tram the p:oo. lndJv1duaJ baa" i1atered tbe United &tat...: ': .~~ ... ""
borcIer..mcee a.eer fee --DI"'OIT'IJn. The tee .~ ~d (2) after lII"O'ricUnr -one )'Mr', no- from &IU" OOUlltr;J. pa.rty to t;.be u.1d ar"I'&DP-' . 57":~'~.
ah&1I be 11.50 for each DOD..conunerc1&l OOD. Cloe. to alloW tile tederal .....aciee to oompl)' meDt tor tbe eulJPl'!llliOD or Jibe'..b1t.e .aft .~~'.->'~:'~~:
nyanoe, and. $.7$ tor each JJedeetriaD. tor tr1tJt-the proper prooecluret tor reJocatlDl' or U'lJnc" .' '. . _~... ,,~l\ _~' ~.~~~
~':t.:ll:' ~..;[..~.;'~C:;llCor;:; ..Y:~';;to~ ";;!7~,' ~:.~~=::~.:a~:_~~~;.:p~~
. .. ..... . .. .. " .~~;' ."....... .,.. .... -. ,...~. ,.::,~---..1
.... .,.--.y'. >/-' :::--',:- -. f
- "'.-"-::-. .' ,;"~::'\~;~~1~'-:'''''- .~::-:" ,;' /f4- -J:;? '~"~:-~~."I ~,,,,;,;,,,,,'''''-. .;....:..;,.:.. <-.-~'-;;..~.'..:'::~.~~:,.:.-r~7:~;:
,.,..J ...-~.-.' :.;~.~_-. ...,.~.4:1.~.:'.~~:'~ ':.~'. '--~-:7...'-" -." . _........
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~>JJ8lOJ, "~ -t" ',"'""''''::, ,'~~(X)NGRESSIONA1..'JU!OOltI)-'5ENA~,..'" ," . -J.ta.Y B. ~5,<l
,,"-, .~..; 4t).. ..," .... -. ....ft.!>.. -..... .,~ .....1li, ....'.--. "...-1IOIIoJI1J. %art u_....rwOrd.pO.l ;..;;; "'''''J-
. <~......,.___....,. d...cIl~1:t."'.,. ..' ". '. CII:lIlZ/6(l>llol'JIIopJ_II7_~'
- .'IleI'ttar .'. or lor eaf<wroemeD' of lite JI"D'fl. wc.....a~i..AL~.iIC).6'1OWJQlZN'I' 'JJaD 1;() re11ect the aDhaDced ,p.u..oh.u....X
."-.._ -wao.or-.e1loD...,...prttre"'-4.M....J. --'"-.~ -.-.~ CDlf".N)L #ICr" 'ftICII. ~eZIlD _ctJ~ 13lDll _QeVIoJ~an.a..
.~ =:n':'::';'~I;;;'::~'~ :~~):8.a--:_C,n~~~!eDt ~~~oru::<<znCC;;&D-~~~1
. ~AIIl:s....--.' mil _ _c.a_ _.rUIII. Pell.L._.lI Jblal Ol'4orordeportASlOD\lWl___
. . - ............ "".' .,'- -... d"" ~ar"a.- tv' 1". or 1riSOm:nent or not JDOI'I th&ZI foIJr.,.....
'.l...ODa.\L.-"'...."'__ .",II_.,_____U)". . IlDtmoretlwllll"8UlI1IIIUll............j
'.._..._or......war_l._tto till S'IIo --___ _ _ _ ll!>lefor&llellam~llI.lwI___.,
.--..- far __ __ __ _0II1h&11 be etr_.. u sr _y.... ...ID ,,13:101' cr\1IlI1lal Ilfr.~ llu - -1<>4'
acma. .... .. ~ .. .. ~ .....deiI U ....a J:IDIQIlc)(1J at.&be VWent ftI'1ater. hu ta18Ulea clocament.&. or ~ ....
, 9d- $lSl.__ for _ cf _ __ _CllIlSn>IAatlll-.' " " . wacea ID _1iI',~ttCl ........ . __
.__b_. '" ';"".',c .". 'all1l_OIl.-;(dlUJ(Dlar___ ""den.' _';.
.lbI~-,"','" .'c'" *"",aIllIlla_I;J'Aet(.v~_~u "l'Il.VCCAalIDJII'O'9IlIedtcr!O'"t'''_<<'1
.' e1).frcm Iibe ... .. . ................. ..... ~~ _ IecUoe ....bj 411. v...... 10 )'eI.1"I1mpr1lO1DDlnt or aza aUID.who ....,
fA> _OIl 1&) Illr. ftecaI .-, 11M __ _ COII_ Aalcl -. I'IIIL'" --. D tel; ..beeQUellt '" d~lJZl far' _acI""j
...,., d. -.JIiIl &lid ---..a ~ llball - - ... r.. .tI'lkbll' "'2IIIA(bXlr aM ~ . or comm1811on 01 'three or more -t- --
_.. JrlCll.-... _ _ _. .. '~bldl".",' . " c..' , . '~lDvolvioc cIrup. -crim.. IIP- ",,__,
...~__JtIl[ar&ll._ . (Ii.... __t_ _ __ ..."....""th,~far&!l.tllt__
4Securtty Act... an .allotment lor each.... ~ Mall_ eaecu.._l.r~ In- etetaft:e!'depona:. :t1Dl1!ar...~..~""_
___Ile___b1dl-.e __ J.'_.. _bl ol.... 1/'_ ..._fnlm1litlolD;roo:a. . ' ...~...
. IIIe 8IDe1'&UO liD Cbe.amowd. .. __' ..~ .en.. Con_I "'0{ JI8I. -.- _ ,_ _. _ _ ~.... + 'Sect1oa 19ttb) CUreca tile .11: daI c.....
. 6ar1DCh -.-.. - - ""- _. ."I(lJ_""lII&A(4)(4JIIl_~ _lJZl~mue.pproprl&"hn.. -lIIl1Mi
_.. ~ far __ .... _ _)la<j...u1il'AaH'1I.s.C._d~'I~" ___tor_OIIIIMl-4llar_
lIoroIIIb _ _ __ _ 111_ JauaJ. 'Mlle4 /01' -.. _ 01_ _OIl _ 11. tl.B.C. ~a114 _ _I'" roI\fClt'
.........--........CluD_Aalot_....... ................ _ ~ ...... ...., the ODhaIIeed llIIlaltlelll'Ovide4lD_
ao eM'tDC&l 01... Mill ....".. aU 1IIIIIt UM. Pub. L. 103-411... ..---....a.... ~ lmeotoftbe9OCA:.. _ ,:,~~_f"~.", ~.",
8tatIIIforlCCbtl.lo&1J'-.r8. ~t.UdIJo._tM..nu..~ ._p'..'~ ' ''''"ftleVOOA.~_~'''''____
'. .4)111 CM-w..IJ!l~..8IaIIe ............. '~roe -- ....._-, ~._ ....... JIOZ'taAd 91... fra1a4 to Q,pto te78US~
... alIo&iInen...nalJMiI....... ~ (I) ~OZI: MalJ_ eaeo&ilN_ UadciAallr q.. aunem.bl~~ ud cballpl)ll1Dt'.Ja"
. .... -.I,...... _ -.. J _ or... _111.....- 213orPllll.J..~ '" 117 elJmlDat1ng <.he opI;IOD ror_ -- f
.......l ~ ...-~...t.....1 CI'oR .-:....a..&r'a.YLlIOI.5Ia'OR1'AtImL - -" ,lInprilODft'ltmt.:ld ,~Dl1bI All _ 1 :
4&11<< -.II _._ .'L" t oIlaIllle '_OlI_ot..__~ .....1>erOCyearala....-. .. ,..:....',1
_&Il4la -~..:'!_-.L~I - .UIl.r_o.;. ....._IIl_PM. _.I06,'Pilotpropam01liJI_~'5I
---- ~-. -- -cr~ 1.. Jl>>-tIi,"<UllIOdod 103...uaac -- _oIClIepo_or",,__. '1
1/1 Ua -. will -- be _ ... tile. ~_ ~l oIC tile __ ....... ""11 eeouOD _.. _..._,,_
_JlIU"JlC* tor wtLIdllt.. __I"~. eM....... 1IoD&1i'l Ao&.(lIJAC.1.B(J})"... __1ia,", 'kt M\&b11ab. piJot JJI"OI'1"Un 1'oJ' ~'
.al1oCm8D'&tl&U _-.de .... 1-'...... "111. Ueu ~ .~2G{I)_lGAoI _ peno1ll tlO tate bsUl'dor. sdler '*-B.....
. __ {I), &a4 .- -.. 1>7 _ . _....or..OOlltlpoas-.-,...._~
..,_ -"""-"I-.o ~I ....._.. .... -........ - Ila_'" -- .flI .<Ia"".!'Iplm "" ~............_
. _or<l>erem&JIlIIlI____. ... U.a.c.J:Ii:lUI__r... :raan..lteTIllItlatJODOhll7plIDtJ.._.. ..... '..
. ~~~~::.= ~~~A~~~_~~~ .=.==:__.~~~-:... ~;~
II~ allotmatt ~;,.._ ___ Ie.we -=~~- ::!--:- -- ~ -nIe -.... _I aN .oIt.aI_....
_ ~ TM.&ocaI 01 LA) ... ....-----01.. tIlamI:r JIIiil.7 ~ br~lCJIIWI'DI..u-tIO..eEl...*oIn~
allo~ ....._t....t aHet ~ W ~, -.,..l aw.. CUte of ....-.-.... .... t.be Dmted 8t&-. GIII"1a8 ~~_ - )
_DOt"""'''''' lBl tile _or _ No ~ - Co< l;bt ___ DI__ ed, ~OD __ or"- II>e __.
. ~ u.naer Ute Precel!1ng .mt.ei:a.'a..u _~...u&aCII a.aM ~-r"t-.- am...... OD boud --.nac.....elL ~
~._1--a11oued .:tI8CII(/IlM" '.g ~...,..........J'.."l^8.s.n1Ille.$l1.aA.1J-_..-"". widl _0.1 ...,. or _-_
........ - .aIRoOIII' _1.....'.._._ ..." _Vut. -...11.-,,,--- & ----- . ~ -- .
'--,8tat8..fo]]O'ft:.&Iae...ll^-ea'or~MCb. prQgramI a~ ........ -..--- -.....- oountrtn of ~ttr -m lie ~..
-I' l'ftmr!ll.ate.a.n bll-- ....... __... 4Ioadonaat portI of4'llV7. &Ddrem~ 41 ......tb.Ontled.........-,.tttr----.
smoUDt .JOO1t ~ &.be ame.lSliSo &0 &IKlh ~t~,.~ ~ _uWa.s.ecaOZl. 8ectlon 106(.) ameDdl MCtkm DS.... _
to\IJ u the aijotmeDt amoW:at. ~ -.. ..____...+...-V -~ ~Uo1t &IIlI........~..~ ..~J_
wJtll__!.o...cl>au"IorIM~.._ .Glt_-.Oll&JU:-'_ "',.:" ',.'. 1lielUJ-,_......,.-... - .
,-,. . 1Il"l>1ni1 rmcler JltoNPlIIllI 0) -....... .."".,....~A;'U.......:oa'].,a,._ -.... vrlved ftom. Coral.. . .ll
'- ....." d.8Dcb ..,~ &mO&!AIiI1<< all ~ . .. ......". ilia!' M __Dell .. .... ...-,.'
-:ftIna3n1.atata 1m neb n-l,.."... ..' . '_--:".rl,,':':ID''J'BKJ) ....AImQII7<IF..J_ .",'" '_*?"""____. .~'...;'
~- "'i."" ~:'_ Jc') tJU 1)11' P'UJq)&.-~...-r 'tMa p:" 3ftt.& ~ ..,.-....., ~-:- :-:-.aeetaOD ,JII6(b) SID8Dl1Ii ~ _ .....
.' '~_-"be__,""*__" _.JII....... . ~___ -nlA.reI.t;lllfto1nepeotlOD__
. FedeJal.eIw'e.c _._.- _ _ ....... .... ...~c '. .. .' . ______-_.
'. S&&t.e PlaD a.ppriOftd IU'Id8r 1iUJ..XIX d &M 'TILJa 8IlCtloa -_0. I ~ 'L_ -.,.r'''-- Mew aubeecth:m .(G) ano.. S1te AI&o.n-. 0..;1
,8oc1tJ 8ecur.lit:J Aot. tu 1"8QII1raI tu the I&at ~ eM .DIJlIIlI"aalr.t,ot "-Doe u.... IftaIcl8 -.1m ~ all aUIc:I -" ltllaad ...
.-,_'---af.ettoDJIOII&)llI.aacbAetlJ'w_ T -~_- ~ .~_4ibe""" .t.bot& ..1IBalDC' tlefDreaa 1_" .
- --.re Ul4_rwfOM ~ fa" sa. cr.t.- ........-'.. .....,.-........,.. ItIQe.TJII...tItar1Ci1''-''''_~~,::!
-,""'afa:~ecad!ttcD~arefW.. ~'a.c.,102.""'1II&&Ni1 1 ---'oa...:..-,,;.....,:.., .-&IM..AtCorDe, GeD.ral~'_-..F":
..aiabed t.o &II alien 4'110. iII....&...uDeCl ::'1J1aia 8eICl.Iorl ~__o._ ~ .Aa;...c.nMI!.QeD. -....r.,. ~D ~ - ........,
. All", _ -.", _Ill) ar _ ____ .-.J'" ~.._ JllIli, JI87. _ _.... __ .ctllt _'01_ _ _ &II .-'"
__N.._Act. '. _~""""<IC____'" *1e_lIldlllll_._....._....
. CC)PA'nO:NTor1"lJlml,.~~tIDl'Wl!Itft ....:bell".wi..ll__.....~... ...._~ GI'lIIi.R)..... eJ.6eDI..,. ......' IO_~
: .tImdIr; tIBlteI' tIde.etlGD. UIe 8t&tle ean.... wUb ~ ot... ~ ....-.tt_... ea.a... Uaif,N.ac..c... &Idle JIl..... Uai.. _ ~
. ~..._SocrettrJ'__wJlIOIlIy"" ./oI'...1e-J.IleIlSllIDCh,-.'. ,'.._....aglJIlc_a1llt... .1
.', '.,:'~..e 1m''Cbe 1IDf"IJl*~" ~~' ,.Bee." J.u4:11order..... ... ~ -".--oq "Ie ~...."'-1 to....t.......__~
'Je)._._~___ - '. ,....:.".. 1DllSea....JJl4lcl&r7Comml......_.
. "time ... lilme __ r-z- l.." ~ 'a.t.e ~ .-ctikKl .....--- .........0.. ~ tal .. & .w.tlfiQ~ Ior~~ ~J
! . ," ,_ Me a1__." to.. ~ ea1.8D1llectco_~....1il.....u.. acl1lllIO~1iI'1o__1aa.~, -;;,c'"
'..Pt.__ aDder _ 8OetlVll_ tie _ cIlIllU <illuo4lla _ __ _ __ .A_. IIlli JlOt lit _ IDA.. .,
w "'-..eDC!' ,.______1:1141- 8I!:frh'" 1 t.. .... "--olU'l" .so~. sa.e aaallerDl~d aKCJaIlcmJltM 01-' d&I...utIml~':;'
~....;..;..) .. _perne.... u.e Mm.~ eI.. <iN;ar*r~1Da..!.,...._.al1IWl -I:a'M1.h-acnlldiblelarDfpen.C" . _.""
. _'.tiJu__t.t...laltoC_ -co. 1e~ ~ JdIJ __~ ___!.o ubeT 00lUI%;I7 ef ,...~....t.lr,_.","
'-.. :<,1Ioc1&1 8ecui.ty Act. .ad .... ....~ ..etmlpe~"'-t'-'"t-a:.' "f . .' -.no1l~_.retm'UIt.o.~~_.~
_...._"'__...._. ...___C1C-,;, c,. ,'wl>Icllllear__.OCl'llWllt~C1C~d
_111_ .Iuoe___....... .~.___~....tIlIIIniJD _DIl...ar_...___. '. '.';n
, i;;'. ~... ......-.. .....t, - :=- 1IIopJ~.aIlIIl .-IOId~~ :.:;=~ ..a..;;,;e:':':1
- ,~~.-Ae _ __....... . ._ DIleJ.'- "'!l,B."""-'lI,. ~,MmI_'" ...l/Dla4__1.
_ flIIrm ....tle~ ... ..... ...mar..... ~dbdSoII '&0 1IIcJoMa .. .... .&ale ....whl ~ _ U_o.. ~'...... '3
__'.:''":'~.-:~-::-:::~7~:~~~t1;--.~.)~~~~~. ~.~-~ ~ ~...~:~
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. . - ,-'" - '- - ......
- tIl.... fa ao l1Idle1&l ,""ow ottllo lII)'I1IID ,110 4an anior ~. ~tooi iii' . IlCd.i Seem" mbe; rM ID';'_' ii.';';,'
~. (tlee IOCtIOIl D. boIow. 1... .......d-., &Ile AWll'llOy GeDeraL : ". . . .:' '. _ IIlI.Intalne4 by t.Ile Attorney 0eIIeraI. . .
menta tIlthe -jnlllclal ~ow iI<O\'IIIOIll at. . See. Ia2. .l:mploJlDlDt ,nr1l1e&t;lOIIpllot o('1'hjl Ja& 0ClIDiIIIlI<lIl to _Uon.2lIIa~:"".;; .~.
tIleIllA.whlchllrnltlnlllcla1revtow"ta_ ]lalloetL .' .") - . ,.,~. " .... . -=rIhe40b0VL)'.' " '"",=';;......,,_;
cla1 ..chlsl"" anler to - __ ~h. T1llI'lOctlon" Jll'O'ldeo Ibr tile AUCftlOy See. _ Employer O&DctlolllI'OllllU... .__.,
!aabeu proceedJ.:Dp..' . - _: - . General. 'trorkJ.Dc with the Comm1u1oner of .aecUOD 105(&) ameDda ~ 2'rtA(ext)('A)' ._
... .ubMetlcm 23.5(e) _~ t;b&t. & Per:' "8odaJ. 8eeuJ1tJ'. to OOI1duct idIot proJectl to.. of tbe'INA to fDcreue the c1~'JlQ&1tJ... COr" .
.u:a may Dot at:C&Ck prior orden of.:de~ &Nt metbodl tor rellable &D4 DOD41acr1m. employer anctfona tor t1rI:t ~tJ.0AI !rom :
ClOD U . clef'eu. ap.1nat peaalt1_ for Wepl 1Dat.0r'7 nrlncatfOD or .~plo7IDent ellc:I-. _ tlle cun'eat ranee of S250 to 12..to a!'aIP ..
I'ItIlTl'le..,,' .".', -.' ' . ... .:' bII1ty. PIlot __'m&J lDelude tile ex- of ll.lXXl tIl S3,lXXl. TIle wboectJ. alIo ID<
See. '1G'7. ImmIcratlon ~ JII'OYl- lI&IlIlon of tile Lelephone verlncaUOD .,.It.em . crtIMI pell<leo tor....",d ~DlatlOIll ~
-- . .' . . . DP to 10lIO _ploye..; a almulatod lIDtaa-e at tile cammt ""Ire of a2,OIIO to 15.0lIO to a,
BectJOD 10'1(&) &mea4a IeCtlOD 4Ot.(b) of tile DfS -.nd Soc~a1 Security A4m1n1atrat1on rt..bn of 13.000 to "000. The penaltfea fbr-'
INA to permft nimbunement of otbel' Fed- (SSA)'dat.abuu; a Jll"OCea to allow employ. aabeeq\l~nt .-101at1ou an lD~ ftoom a _.
en.] ..-enc1e.. .. well .. the 8t&toM" out or era to verit) employment ll1c1b1UtJ tllroQCb I'&qe of 13,000 to 110.000 to a r&Dp of .,a
tile IIIunlrratloo -tI'IlODCJ. 4UDd. _ BSA rocordI 0II1llr illS .-nII &I a to 126.1XlO. . . : .
_ODtI could be lIWle to ot.ll8r COODTl'Ieo CI'OIBChect; &ad Imlll'OVemeDtI and &ddItlOIlI 8ectloD D(b) UlleDdo -""!MA(eX5) 'Of
tor npatrjatloo expo_ wlt.llont tho n- to tIlo illS and BSA dota_ to mall:e them tile IliA to IDcreue the peaaltl... 101' .... c -
.qafremeDtI tb&t the PrM.ideDt 4Iclan &D.1m- more acoua1ble tor emplOJ'DleDt nrUJcatiou pJOJ'er -.m:t1ou paperwork 'I10latfODa fIvm ~
miaration IDDerpDQy.. . . _. pu.rpoeea. PUot.a are to nm for I 78U'1 with tbe current raJIV'8 of 1100 to 11,100 to a..... - '~;""i
Section lD7(h) ameudllD tJ.B.C. ZI1 CMIc. an Opt.tOD tar & 1.,.1&%' ut.eDI10D an,4 an to be of GIO to 15.000. _'- ,_ '_ ._"'::
DOIOIl Act) to permit tho CODtrol and eoIzura Ilmlted to aortaln .-raph1caJ 10l>ltlolll. _an lIl5(C) amenelll _OIl 1'I4.\U)(1) or
at v_II when tile Attorney GeIlIrIl deter- TIle Attol'!'ey GeIltJ'a\ IDly l'OCluln emp\oy- . tile IlIA to IIIcreue tile Cl'lmllI&Il'OIlIlt:v I\lr .
mID.. that _out clrcllJllll&DOOI n:lot lIDa ore part!clpa_1II tile pllOtl to _uotlooe patte~ and proctloe Ylolatlolll or ....ployer
co & mua m1CratlOD of aUeDL. . ' . tDtorm1Dl' emplo7MI or the1r pan.lclpatlOD 8U!Ctfom toa 'IeloDY otrenae. IDcreu1D1' Qe ;.,.:.. <~.
SectlOD -laT(c) amenda MCttOD 10)(&) of 1ihe &.ad or.Pr'OCedW'M tor fl11Dc compla1ntl with &ppUoabl. nD_from 13.000 co 17.000 &D4 u.. ....;i
INA by &Utboriz1Dr the Attomey GeDera110 t.be Atton;aey -OenenJ I'ICVd1Dc tibe oper.. -crtm1D&1 _nteDce wb1ch m&:I' be 1iD1IC*4,';
deaJl'D&te loc&l eDtoroemeDt DUlcen t.o eu. atfon of the pilot.&. . .' . _ . from IIOt IDDft than Itz mOlltbl t.o eat 1IlOft ~ _ . .
foroo tile ~on lawl wIleD tho Attar- At t.Ile aod of the $-year Ptr1od, tile Attar- tIlaD twonan. ..,. ''''.. .,'~ ~..
MY GeDeral determlnu th&t -an &Ctual or Del OenenJ must report to COzlaTeu ncvd- .sec. 108. Crtm1D&l JIID&1ttel for ~__""':' :-.;.~ .
Jmm1DeDt D1&II mJ.rratlon or &liUI IlNMDt _ tile 00Bt efrectivenell.t.echn1calleu1bU_ . 1ra114. . .
IU1reDt clrcumataDoea. _ ity, rel1~ce to &a.ud., &Dd impact UpoD pri. 8eotIOD a:l6(a) uneDda 11 V.S.C. 1OII(b)(1). ,. .. _:.
Sec. 108. commuter 1ud pilot IJI'OII'UI1L Ta.Cy and an,~OD poUed.. or lobe on kleDtlnO&tiOD documeDt tra.u.d. '&0 t.;:,
To tacnttate border lD&Dqement., th1I aec- ","OUl p1lot proJecr.. .".. . creue the mu1mum term 01 tmJD1.lomDellt
tlOD omODelII.oect!OD 2l6(q) of tile iliA aDd the Bee.:lll3. ConlldeDtIallt:v.Ot data odor...... !\'om 5 to 10y.... TIle _om term or_'.
lll8l Departmlnt of Jno;loe ApproIlriaUOIlI plo:vmeDt ol1clbll1t:vnn1lcatlan pilot _omeDt II up to 161'''' If COIlllllltt04 to. , : _ 0 ~.~.
Act to penntt' ezp&D.llon or commuter JaDe JII"Ojecta. . _ t&cIUt&t6 .. druc tiI'I.Ulckia.r otfeDlt, aDd lIP -
. tdlot ~ at 1aDd bol'dera.. SectioD 11:13(&) provldes tor the. oontIden. . to JO yeanll commJt&.ed &0 I&cWc.ate aD" .. ~ ::-:c..
It allO amends the U'I9C Jllltlce Appropria- tta11t7 of buUvtdU&11n!onnatiOD ooUected 111 of Snuru.t1onal terror1am. ._ . ':,' "
tlODI Act to allow the lmm1a'ra.tiDD and Nu. :tbe operation 01 pilot proJectl UDder aect101l 8eetlOD 2)6(b) 41rectl the 8eateDc:lDI' em. __
mallu.tiOD Semoe (1NS) to Iilt&bUah 1ibeM J02. No 1DdJv:1duallnfo.rmatJon may be made m1u1OD promptly t.o make appropriate ID- ...~
.proJ6ctl OIl the JiOl'1J:wu. u wall as u.e ava1lable to &l13' Government I.I'tDcSea. em- CJ"U.IeI In &11 of t.h. .... oU'11M Ie.. far-...; .._
-Boutbern. border. .. ployers, or other perMJDa other than UIl8<>- 1mm1graUon docum.at 1I'&w1 o~ ~, . ~~.
mu IJ-Q)II'I'aOL OF UKU.Wl'ULacrLOYIIBH'l' -.r:r to ftrtt) 'tbat t.U emOloyee Sa DOt. an 11 V.S.C. loa. _ _ .. ~. ~~:~~
iAHD Ya.1PJCATIOII &utboriMd &lien. In addition. the 1ntonna- See. S11. C1vJ1 paa!tHi Iar .d8cDment. . ... ~:';: ~
. -UDn m&.1 be ved tor enforcement or tb. INA trawl.. , . . _ . .: . .. :___ ~~ .
..... IDI. Recluc~ tile number c1_plOl'- and for cr1mID&l enforcemout or tIlo 1mmI- 8ectlan' 2I'I(a) _e_ _D 2'HCla) or ., .,__,
lft~t~~IOD ~~. ...a -II cradon-related. fraud provta10Dl of TItle l' the mA to appl, clvU PIID&J.tieI in..... , _. :;.:,(.,_~
,ue ~_.- 0111 - - __011 .'llOCtlo0ll911.11I)1. 10111l.15t5. &D41121). wilen an alteD IwI _Dted a tro.n1 docu- ~
..atreDI'tben enforcement or .wtployer aDO- Punua.nt to MCt10D b(b). partJcJpat1Dc met IlpoD board1na' a .eael lor UII..1t8d-~
tlon.. Theee JII'Ovta10J1l will aaiat interior employers mUlt ban in pla.ce proce4lll'U to Btatel, but C&11a 'to P'UeJ2.t t.1le docWDeat _ ..~.. .r.
entoroemlnt &ad -decrMae aOn1mmlerant. afecuard the peracmaJ tDtormatlOD &ad no-- GPDIlan1.val C.'documenw..tro'.....).A.41....
OYIrsta71 bJ' maklnc' It more dtmeult for U- tit) employ", of their r1Cht to requeat cor- cretJoZW"J' waJver of tbeae peD<i_ Ja Il1'O-.
JepJ al1eDl to p.tn uDlawtuJ empJoyment.. - recdon or amendmeDt 1)t theIr reoorda. Th_ 'f1ded U r.be &11eD Ie IUbMqueDtl, PUtec1"':.
8ectlon JOI(a) amo_ 1IOCtI0Il 27{AlbX2) of III'DOOd..... wUl lie. detailed III a ot&I1dord 'lIJ'Iom. _ . r' '. ';"'_
. tile IliA to permit tile Attorney GeDeral to memorau4om at lmcIerotandlDc aIped ~ .uboectloo (a) aloo app\l.. doll 1'OIlIl_ ' ._
'1'eQutre aDY tn4h1dtl&l to proTide hJs or her INS and"Mcb emploTBt. _ . . . ap,tJ1lt, a penon who preparu. ma. ar ~ -;..,; - -~~:;:.
&octal 8ecm1t7 .aocount Jlumber on &117 .section "c) matn -tile "PI"O'Tia:lou. riltlta - 811t1 l.Dother penon In prepu1D1' CII' miDI'. - ,~.: ~
ronno l'OCIulll'd eo ~ of__plOJDlODt __ ..,. remelll.. or 5 O,B.C. 563a(aX2). e.ppIIoab)e cort&1D faJoe cIocwnouto III reckl_1II8ropft ._
U1oatI~. ... - ... - to -an "ork-autbor1led pel'lODI who are nb- of tbe fact that tbe bd'ormatlOD II falee or -. .J-.._'-"
-:Section 2n(b) UDendl HCttoa 27U(b){1)(B) Ject to work &I1thortat1on .er1ncatJon llDder doea DOt reJate to the &ppl1C&Dt. . ,. '~~~~:;..:;'
of tile lNA to ellmllllto tIlreo typee of docu- . _tloD lI02 with roopoct to recorda _ III 8ectlou 1171(1)) conforma IOCUOIIl'HlcXd.l) c, ',0_::""'"
menu that may be Jl"tl!lent t.o eltablllh both libe COunt .01 & 'Pilot project t;o make a Dn&1 t.o retei' to '"each 4ocu.meDt. tM.t. ...tIIe :8Qb- ~ _, ,'," ;;. ~ .
&11 m4h1ha1'. emplo7lMJlt authDf'1a&tlon determination OODOenl1D&' aD lDd1VSdul'. ject of & 'Violation under sw.ect101liaJ-.. ....:.:..':.:~.::..'_...
azul tdeDtit)". - ~ wark &utborJatlo,Jl. _ ~,' Tht. will cl&rtt) that &ZJ ll1ea.!aD dAle DGC._ --.:;-..; " .
tlDClerounentla...by.ltat1lteedr.cwa. Pnmwltto_nlll3(d),-aIilplo)ieroaDd '_nt a _ct CbooauIe It... At- ',:c'c'.._-';
ttoD. u lDdiY:lduaJ may present 1 or m~ or other perIOn. are IUbJect to clvU peDAlt1_ '8trOYed) II GbJect to zW,D<leB. ' .. . ~ -
np to 28 40CameDtI to _bUill 1IIIlIl10;rmeDt Il'Om 1I.00!l to 110.0lIO for t.be w1llfn1 &D1I 8ec.lIl8. .ub_ua GtIIor1tJ. ,'-":'0__-:
a""'orIatlan. IdeDtltJ. or Iloth. bowq lUllawfll1 4laclooun or ate of lDfor- 8ectlon J08(a) _ _7HA(e)(21 or ~
DocumeDto that 110" _bllall both em~ 'matlqu arAllure to oomply wlt.ll anlloectlan tile iliA '" cIarIfJ tIlatlllunlrraUon Dllloe....
ploym."t autbor1RtloD and Idoutlty are a .1lIll(b). ' ..... .' ,'- . 'JIIIlJ _e.1nl>poeIlOI for In~ '"
U.B, _port. oertlllcato ofil... cltloeOllhlp. flectlOll l113(e) _too _t IlOtIlIDlr ID thIi-- ....ploy... MoIlctlOlll __ UDder _Uan, ..
certlflcate of m.tarlJiat1on. uezp1red tor-. aect10n .hall lfmtt the Tiahta aDd re:med1. 2'14A. . ." .' _ .;
e1cD puspc:at with work &UthOriat10D.or a otherwlle aft.11able to U.S. c:lt.1sena: azld .w- 8ecttOD Deb) adda.. DeW..ctSan 2H CO~ ..:. _~.._:;. _:.;
_cleDt alien card or otIIer &lien rea1etro.- 1111 permanent reeldenta ODder 5 0.8.e. ISla. IlIA to-&DtIlor1Ie tile IIametary III Labor to ,': ':;-. .;,
tlOll card oontl.lnlDc a pbosotrr&pb aod work . flectlOD 10310 ltatel _t DotIlIlI6 ID thlo _ anbpoonu rOl' ID_tIptlOlll "'1aUDI- ,'_ ' . ~ :...
aatbor1a.tJoD. UDder tb1I amendment. enll a .MCtSOD OJ' IeCtfOD 212 Iha.ll be oonatnled. to to the eDf'oroement at &D7 t:mJnJ.cratloB ~ . "_. ,:. ~ _:r
"0.8. puaport.. JW:1deDt .&llea card. or alien &uthor1le. d!rect11 or 1D41rectl7, the UIu- cram. It.makea the autbortty conta1necl In - .:.
rorl......tlOIl card ... otIIer emploJlllODt au- anoe 01' ate of lIIUoll&lldentUlcatlan _ MCtIOIlI 9 and 10 of IoIla Fe4eral Trade lJDm.'c~":::-~~.,.:
tIIOr1I1t101l _eat 1eoue41l7 tile Attorney or tile eoUh""'m.nt of a ptlOll&ll4outUlca- mIoolon Act (15 O...C. G. 50) available to tile n
General WOlI\d _lIblllh lIotIl ~ayrnODt UCIl...-d..... ". ":' : -... ..... . . :. ,-<.1lecretary at Labor, The Federal Trade Com- :;..
autborisatfo~ ud tdelltit)". .__-. Sec. lOt. "~lect1OD of. SoC1&1 8ecw1t7 mtlB10n Act proYiatOD.l allow a.Coea to docu- ;j_.--:........
.ubtectlo2> lb) a\to.",'-1'I{AlbXIXC)of .D1IID1lero.. '.'.. . . '. " moutl and moo of OOrpon,UOOL lDcl..u... ':.f
tile iliA to e!lmlDato tho ate cI aU... 1>IrtIl. 'I'D 1t.cIlllato tile _ or Social IleCnr1tJ tile aot.llor1ty to olIll wl_ &ad 1'OCl~ . , ~
ClOrtlDcato eo a doc:mnent IoIlat CAD ....h'loI> Jlumllero In ImmI&'ratlOlH'Olate4. aotlYltl... production or documouto. ". _
worketlloriJatlOll.. . thlo IOCtlOll Addo a Dow,lnlloecUan JM(O to 8ec. D. JJl.- pell<l.. for Oftlpl_,~".,c> l
8_la) ad (l>)~d apply _ _iliA to c\arIl) _t the Attornoy General _ct!_ II>vololDr labor W1:IDd&nlo'1rIoIa-
- toblrl_ --.boo _'later tIwr IIlQ _re any alleD to Jll'O'lde hII or Iler t101l1. . , . ",'.
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.:~",,' B8tOr, :~J!;j;;~_;:~,~'-~"~~(X)~~.~~.~cOim;,-~ATE_->;,-:>. c.', . May B"j!99~'t:
tlecdOD_a) . _. '.' DOl' ~. ,..q... ~,4It tile _atDc.~: IUrt.bar _17.111 aue~ _.tlIa '-"-1'
2'/4A(aXIO)totll.IlfAlIOa.thor\lO...-'" ._. .,,-..' -'.. -- ." . order ao "Iler other tb&a a b~ IIIlder .
tatratlye 1&.. Jilille to lIlcroue 1:11. 01'111 _ . ,_on IllICcl"UltDdl_IOilIl2A(0)(41 of _tloa 236 or a Gelermlaatlo. ID .-... .
. 1IIt1.. JjrOY:l4ed DOGer empl07.r ....ctI.... to &be IIfA'to .trika tho rafere_ to ... Oeel- ..ltII _tl.... 236<al or :m<O). Tbara aba11. ~
&Ill amount up to two ttm_ the normal pen. ..Oil OD the menta." "l"hllf chance cla.rt.n.. IIdnvie.. of whether the alieD ....&OIiIIaUI ~
'-luee. for lI111fu1 or ftpe,.ted '910lattonl Of: ~t the INS rn.Q' place &I!I alleD In adm1n1e-. -uclu4l.ble or entitled toO reUef. - ..:. ,.~
tll tile Fair ~ lltaDaOro. Act (lIlI v.s.c. atlYl .._tloa proceed!ap If a FoG.ra1 Boc. 1O'l. 8aDetlo.. aplDat eooatri.. - .'iIl
. 101 etMQ..); (U\ tbel41rri,nt 1ID4 sr--a1 q_ 4latr1.ct ooartJud,p Iau 4ecllaea the Gonrn- . IDe to accept deportation of ~elr atkmalL-~
rtcoltural Worker ProtectlO' Act l>> V.B.C. lIlIIat.. petltloa to \OII>e . Julllclo1 aeportO. Thll ~'o. ameaGo ..ctlo. ~r) ar tbe ".
11OIetMQ.);...0(UOthl'aml1,.UlGUoIlIe&1 !;\onorGer. ;... .": .' _ iliA to permIt the Secret&l7or-8totll lO~.
S-YlAet(llllV.S.C.lIlIllotMQ.):. .. :. tlectlo.102(0)am..Goll11.S.C._OXS)to refuae _....e. of all Y10u to aatloDall or't
Section Deb) a4da . DeW puqraph. "ieo-- -""JIr'OT14e tbat a oourt m&J' eet .. a condition oountrlee that retue to accept deporcattoD ~
'Sian 274B<C)(4l. to the INA to malLe the am. 01 R.pen1ee4 releue tb&t. &r:I all.n def.u4&Dt of their llI.t1ona11 from the tJnit.e4 .t&teL-:
cro91810DI 1ZI (a) &bon applicable III eecttOD be ordered deportoed bJ the Attorney General VD4er current law, the 8ecretar)' or Btate
lIlm. aoroJr Unmlrratlon....latoG empIo,.. ..d that tho all.. "mal. outllO. the UaltoG ue tho aathorlt,. GD\J' to - to _lID,
JIlta. practlooi. . Stateo. Thla amendm.at 00_ ... lau. lO\cTaDt YIeo.I. ' '...:. . . .
see. 210. _ c1Y11 pooaltlll ror aoroJr ID llt!Ptloa ..bore IlIltrict court luam bo.. see.. 801. CuatoGJ' or all... ooDYIcte4 ar..: .
umntrratloD--related em,p1o:rment Jin.ctloea. I'Md WI IIICt10D ~.to. aQUwdse Ulem -to cmSer cn.n.ted felonS... - . - - -.-. ~ ~ "; .- --
. 'l'b1o _tlo. .....Go eectlon I7tll(rX2XB) 4eportatlm1. .. .' Boctlo. _a)......Go eectIon _.)J.CtIle
. or.the INA to IDcreoao the c1YlI peDaltl....P. .. Sec. IOS. 09DGDct~ ~ bJ' e1oc- IIfA to penolt the Attorn.,. Gen.ra1 to ...
grouSe mllJ1l. leue aD I.RJ'I.vated felon al1eD 1'1io 11 ID u';'
p1Jeabl. for noralr lmmtrratloo-relatoG .... Thla eectlOD ';';.aOo oictIoa 112(b) or tile -cluelo. proceed!ap fl'Om Gelentloa If tbe ...::
. ploymODt proctl_ to make tile peDaltlll IIfA to penl11t Geportatlon prooooillorl to be 1_ 10 a""17 to JjrOY:lO. protoetlOD to'1
...... - comparable to t.be J!ICl"MH4 p:"Opoeed. lor OOlutUCted bJ'...t4eo conference Of tell.pbonl. . W'ttn... . potential W'ttn_, or . penon ~ ~
emp1o;r8f aDCC10DS viol&tiou. .. . _. _villi' In:9'el and hear1DI' tlme and- ,. operatlDa with a major cr1JnkJ,al IJr9'Mtlpe a
The penalty for.. ftnt vlolat1OD would'" eourcea. TIle alien muat CODMut to .ueb a titOD. or to -protect an tmmed1&te t.m1lJ"':j
tDCl'tlAMd from the .curreDt ranee of 1250 SO . btll1'1Dl' by telephone Hit 11 to be a fUll COD.e member of auch a penon. : - ;...
12.000 to . renre or 11.000 to 13,000. '!'b. _- lottoG .YlO.nt\a:rJ' bear\or OD tbe mtrlte. tlectloa _b) ......Go _tlo. ~(a)j1) "'i
1IItJ' tor . .....00 YiloIOtlon ..oulO be ID- . Sec. 104. Su~aa authorlty. . tbe IliA to permit tile Attonl.y Gelllrtl to'
ereued ttom the cWT8nt ranp: of I2.,ID) to ftJI .eetSOD clr.rtn.. t.be authority of .sm. nleue anagra...tec1 telOD alien who 11 tit
a.ooo to . renre or 13.000 to 11.000. '!'b. pea- mlrratlo. 'uOpe to lau. aubpotOOl 1D pro- deportatloa proceed!ap from lIeteDtloa If '"
. alty for more th&n two Y101atSoDl would be -OIe\11DP uder aectJOI1l 336 (ucIUllon) and the "leue 11 neoeuary to provide protoKtlOD '!-
lDcreued from the cUJ'l"ent ranee of IS.OOO to M2 (deportation) of the INA. to a wjtoe... a potential witneu. or a 1I8f'IDIl',!
. rlo.ooo to a....... or 11.000 to Cl5.ooo. Boc. 1106. StlpulatoG uelueloa _ deporta- oooporatlnr with a.malor crlmlnallD_tIrO.!
;rbe penaltJ for a 40cumenta '9t.olt.tlon. tion. t1.on. .or to_ protect an 1mme41at.e _fa.zIIS1T...
tlI&t 11. NQuNtl_ more or-41trereDt docUe 'I'h1I Mctlon Amcda aectioDl2l6-andM2 of' member ofaucb a peJ"lOn. .' 'c' : "'-.;.'.:::a
menta tb.a.D are required or "mine to bonor the INA" pemUt the entry of oMen or eSe '8ec. D. Llm1tadoDl OD feller ~.nam.;j
40cumentl tendered that on their fa.ce!'Me eluaiOD and deportation Itlpu1&te4t.o by the 810nand deport&tion. . - '- ~ ..;-....f
eonablJ' appear to be pnuine. would be in~ all.en and the INS. and to provide th&.t ltiPU. Section 309(a) amends 8eCtion 'J11(cl. tb.- .
-creued from a I'&DP of $100 to 11.GOO to a lated orden are concluatve. Department of INA to limit relier UDder _etiOD 212(c)alU.,
ranee or $3)0 to 15.000. . , Jutio. reculatiODl wUl proTide that &II aUen INA to a penoD who hu beell laWfu.UJ' 114-:
Sec. 211. Retention or emplo:rer aucttODl who attpu1&tel to an ueluaton or 4eporta': mttted to the U.8. for at laut ,. .,..,..-....
ltDea for taw enforcement purpottea. .' . 'don order w&19'OI all appeal rl&'bta. beeD a lawful perm&Dent ",ident for at___
-nu. eeet10n ameadl 'MCtton lIIko)'or lbe Bee. 2106. 8tre&ml1D1n1' a~ from 0r4era 6 7Un. an15 11 return1D1 to IOcb ftlt4nee.
. INA to ored1t to INS appropriations any em. of IJ:clualon and deportation. . after bavtnc temporarily prooeede4 alIraIa4.
I)10yer Anction penalt1ft received ill. t:lcell Th1I HCtion revill' and amendalectten 106 not under an order of deportation. The >>ear
or $5,000.000, Tb... fUnGo will be uee4 to ru.o of the INA. It proYlclol for luOl&! reYl... or ...0 7-Yoar porlOll8 ..oDld ..0 upo. IJ1ItIo_ .
'_ emplo)'er ancdona enroroemen~ and. related Onal admlm.trattve orden of both deporta- or eulUliOll proceed1np. Alae. relief.,.....
e:a:penllS. 'nle fUndi credited 'to. ue &CCQunt tion and l:lelDllon throuCh a petition for re- tNA eectlOD 212(t) ~U " available .&II1II'.)D.
rem&1n available until ,used. . ' .tew, !tIed within aD 4&1' after tbe ft!l&1 perlOna lD .sclUlion prooeedJnp. ~~R''''
Bee. 212. Telephone 'Vert11oatton I7Btem tee. order in the jucUclal elrcWt in .Mcb the We deportation proceed1np mIlA DOW app17 ,..~
' This MCtton &meDda MCt10n 2'14A(d) of t.be mtrrat10D jUdp completed the proceedJ...Dp. m,noellatton of deportation (~......
. mA to authorize ms to collect and retain Under current law, an or4er of Dehmon 1a below). PinallY, an &l'lT&vated teloa ~
the ftel paid to .uee the telephone. nr1nca~ appealable to a 41Itrtct court and thtn * elle1ble for HCtton 213(e) reUef oDly If -- JC'
tiOD eyatem pUot proJect. TheH f.. are to pealable to the court of ~1.. ~ , Ibe hu beeR 1MlDtenoed 'to 1111 t,baD I ..... '
110 crecIltoG to the INS Salarl.. ...0 Espeaaoo 'l'be Attonl.,. Geaoral'".n.llIap or tact' ID tho orrrerate, for the arrro"'atoG IoIDIll
appropriation.. offlettine conectloDllOlel;r ah&11 be condUlt.e Well a reuona.ble adjue ooonctJon or conrictioDl. !J'1me _'~
(or employer ftrincatJon Mr"'IiClM ooetI.' . .' .41ca-tor "ould __ oqmpelled to coDClude tD ..,..cs will DOt be . .t&ctol' ill 4e!__ --.:.
~~ ~~~:=~~.i'bia,;k~i'&a.i~~:q "':."':~t~... . Goart ..:..,. te.J-'" ~ ~1llJ::'~I''';;';'~ ~ ~~~1
tatl0D for appropriation of ....4I_~ Ii9 tlnal order onlY if the allen baa uhauated all_ INA to oonlOUdate two mltiDR' fOJma 1)1' A!o,..
can'J' out W. tttl.e. , . adm1a11tratlve rem.e4IH. 'Thlt MCtton &441 a Uer Irom deportation <euapenalon or ~-:!
"'" . '. _ '. .' '- -. ,.:'-"- . l'8Q.u1rement t.bat 'DO other court may decide Clon DDCler MCUOD 2M and a wa1v8r of~"'l
- . "I'I'l'lJI: ~AL aLtDi RDIOVAL. . &D laue. 1ID1... the . petition prHIDtI abutt7 under IIICtton ~(c)) into ODe fDrm ~"
" tlec 101. C1YU -peaaltlll for- fOIlnre to Go- .....Go tb&t ooulO DOt boYO boo. _.toG rell.r. "c.....llatloa 'Of Deportatloa.~'& 1o"':i
pert: '. . .,' . . ", pnn~ ar tbo remoGJ' JlI'OVio.o .... Jila4- ruJ permoo.at rulO..t (LPR) woulO lie ellII, ~
TbleaecgOD a4dI a'Dew ~2'lm li01ibe equate OI'.tDeftect1'VI to tat the n.l141t:J' at b1e for canceUatlon it be or ahe bu........
'INA. t.o IUbjoct 1111... .bo w111lu11y rail to ",.orGor.': '.' .. ..'. .LPRfor S,aoze. ueraotGoG I1itllell.s._,
-depart altor .. ora.r or .sclOlIOD or Oeporl;O- . A DeW eectloa ItlIl(.) poYldeetb&t . petl-Ia..l'uI _00 for' J'ean. ..0 baa ~
IiIOD to a $5OO-por-4a,. poDaltJ' lJlaJ'Obl. to tbo . .1100 Il>r l'tYI... flied bJ' ... aileD ap.IDIt lIoea ooaYlctoG or aD arrroY0te4 IeIClIIJ' -,
., INS COmmt_ioner.all offBett1.DC' collections). __ wbOm a. ftaal order tJt deportation baa bHD .felom. lor .h1cb he or &he tau beaD'__~
..:. _ Tb1aleCtlon would Dotd1m1n1lb the cr1Jn1D&1 '-ueduder .ectlon t&2A <arrr&vated fell> fenced. lD the anrePte. to a t,erm 01' ~':l
.ptnaltl.. at _tlOD _e1 for tall.... to lie- 11111) wI11 be limited to ..b.ther tbe all..: \a or.S ,.11.. Or more. A aoo-Ll'R .ou1~lIII:li
llOrt or UlJ' other _tlon or tlIa IIfA. .,'. Ill. IIII.a _~ ID tIl. _Ir; ue bee1l Slbl. for "lief If be or 011. boO boo._~
Sec._ Jolllelal d.portatlo.. .... . ._Y1_ oltor .ntr]' ,or ... arrroYltoG f.l- OUlJ'.pbJ'lle&11J' _.t far 7 J'OO1'I. - 'or_
Boctloa _a) .....Go ..etloa 142.\(0)(1) of ~;..O.... atrOMoO tlIa appropriate Gepor- roocI mcnal cborocter, ...0 00010 _c
-t.beINAtoauthortseaV.8.tUatr1ot"OOurtto 'iadonJll'OCM4!Dp,.' " -. ... :- ~ extremehardlhlPtotb.eaUnortJaeaullf"a-;
eDter & jucUctal order of deportation wheJ;l'Und.r MCtiQn 106(0 there.1I DO judicial re- '0.8. clt1sen apouae or cMld U 4ePOrte4. TM..:
. -Qe CIOV(. iJr1pOMI a Mntence that caUMI the _'.-Wi.. or azI tDat'fi4U&1 ar4ar_ Gf .pectal uc1u- '."e&r' aDd .5--"ear per:lodl Qd .w11ib..1;M. ~..
&Il.a to be Oe_bl. Dr "~OD tbe ~1.i1 _ . ~ atOD or or UlJ' otller cbaI1.ore relatlDr to &be ..... fir ... oraer to lIbo.. do_ lDlllo_..
~ou.l,. bot booa cO.YletoG or .. aggrantoG _1aI e..,IUIIOD _Ylalo... 'l'b. bill,. ...... . deportetlo. . proceedIore. Thla ~
-fel0llJ' CUrro.. Ia,; l\mltl julllclal 4eporte. .t.bor\lOG NYitw 10 tblourb . bobtu _ ..0010 clarllY .. oreoor "'"la.. reprcI\Dr;
t;\OD .. the t;\me of ..atODcIDr for ... arrro- ,proceec\Ior. lImltoG to detenolDatl.... -or . the cutol! perloGo Cor th_ ...lIto tbat
ftted telollY 'DOuvtcttou. . "-:. c . '~., . ....: alleDaC'l. .hether tile petitioDer..t.I ordered ban I1nn rtae &0 alpU1c:ant Ut:tptiOD 1lDI1~
. 80ctlna lIQ2(b1 amenGo _tloa 112A(0)(3) to epeclallJ' ..eluO.o. ODO ..beth.r tIl. petl. .1I1lrereat ruI.. belor applloG la 4llrll'tllt 1HI....
.,...0110. tb&L. a lulllclal ora.r Or GeportetlODt;\ODer """ .,...n by a pepo.O........ ar tbe oIaI c1n:u1t1. '. -, ,-. ..,,"" ....-"
or -denlll of tbe GoveromeDt'. mptloa for '.OYIae_ tbat b. or abo \a.. aileD __ Thla aoctioa a1eo ameDCII tbe aIotlDr poQ,o
10<\1 an _' _,. be '_loG bJ' elt'!.r ror penoooeat reoio.... oii4 \0 .atltled to ~o.. Cor. YOjDOt&17 departDrt. PreJ>au:\1II'.
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May 3, 1~:: ::~< . mNGRESSIONAL ~coRD"':'lENA'IE.. ,.. 88105
"ftlI.......~aQ..~~..1tlIa_OD.....eaWcu.m'Wka)(1XAlat ':ieoe.__. Lto\"~lIIlI__._
. -'a11a _ _ u--"_ _..'fto _:IKA:m _ CllIIIO)Ilnq &8d ~ &ad _&lTtYl..<<~._ '-,.,0-_,
a._, ileDoraI ...., .....uln a 001..-, abottblc 10 tbo ~1lC _..... _ et- . ~ MCtlOll _ _ 211.(aJ QUllo
deporture baed. at &be __ eta dellOr- 'fIDdem ~ ODbjeetliO & 11.... ....... 10 .lNA to clartl) tile COu......" &ad _ far
.tJon ~uc. walllDt&r1 4Iparture _ -'" lmpriooimoea. far _ 1U>dJer. __r I1Ito ...d Jll&Dlreota to he IlO'OJlU'et
be cranted aul1 If the _ _ -.. or poan Impr1loumeu. far aldlJl&' ...d abotUlle. &Dd oubmltted bJ carrl"" to IN&, iJlc1_
rood-moraJ~fDr'7a.rlpriorCO.rbe It malt.-Jt.. crimlDa1 oIteDM.to ~.&D -.me, date of birth, puder. .dtbeD&h1p.' ~.-o:..-
ardor. 10 "". de_ble Illldor oortaID crimi. slIeu 'With the bow1adco tb&t tIuo allllll 10 _..I~' uumbor. &ad &lTtYlIlll rnp.
.D&1 or_utJoDaJ -.cur:Iti7 arcnmda. '&Il4 aem- . DOt authomed to ...OZ'k aDd tba.t t.be.alien a1lZDber.. , .. _. .~.
_telll1 "leu &ad COIlYlDCfD&' nld.D.. .... __led Iot.o tile U.B. :rIl. pooa1tr lbr . tIoc. toI. Ell_OIl ." IlmltatI... OD 1m. .
&bat lie .. all. bat UlI _ to doJl&l't t.b. Ylol&tlllC tbIo MCtJQII JI a _ ..cllor 1IIl t.o I ..u.raOlOD 1IIer._ fD1' _0 auJIe ablJ>
tJDlted B_ &Dd m_ to Co 10. n. all.. ......lmprillOllllllllt. . . _litera. .
.ouId be required IiO _t a YOluotao c.__ 'lbII _ aIao _de -.tIoo l'14(a)(l) . ThI. oectlOll emeodI_Uo. _.)(11..,_
. care boD4:An &l1en would be BUbject to_civil oftll.e IMA CO lDcreue thepeDalt1.IOI'mul- INA to remove the c~ne. aemptioa ham
peoaItJ.. of 1500 )lIr do, for taUure t.o deJl&l't tlpl. lDlun1lDC olr._ (aud for a __ (1(. _'Dt or the 16 lmmlcr&tIoa _ fee fer
trlWD t.b. time eel. for YCIUOI&rJ' departure. _ for lDlucrlillC all... .ho ..w be 0IIIIl' CI'IlIIe oIlIp _. .
.IucUd&l ren.. or ",IUZlI&rJ' Cop&rtOre _ mlttloc crlm..) t.o DOt 1_ t.b&rJ . ,..... or lIec. 105. TronallOrtatlOD Uno ~~
tIera would be 11mJtecL more t.ban 10 ,-.ra of tmprteonmeut.. -tor traDI:1e. wtt.hout.sa &l1eu.
AD aUeD would be wbjeet IiOdTU peuald_ ---Bee. 405. VDderoovv ~t1OD Athor- 'I'b1J ..cttOD ammda eect.kG J38(C) of Cb8
or _ _ Co, for laIIure to depart wttb1D.. 1t1. .". . JNA to JII'OYlCe t.b&t a o&lTtor .llIcb Ilu .....
t.be time .t for ..,IUJlI&rJ' dep&rtOre. Judl- - '1'Illa _tl.. &Dt.bo..-. INS ~ .... appro- _ Into aD _meot trlth t.b. VIIlUld
eI&Iren.. of a yollllll&rJ' deJl&l'ture orlIer prlated I\mde t.o _ _. eaf&bUeh..... 8tate1 to tra..port.&U... trlthout _
woald be )lr01:dbtte4 It nltef ... panted tor Qu.1re. or open.c. buatDMI 8IIttt181 tor u4er. Uuoacb the tJ..8. mpat acne to mdemnlfy
110 daJ. or m..... .IudlcJ&l rene. or a denlal ....or operatlOlll. ......nee! "Pn>prlet&ri.... the Vnlted Btatoo fer .., -'" ." detajDlUC
of .olWltAry departure ooul. Dot. .ray d.epor- 1iO fac1UtAte u.Dderconr fmmtpw.tlon.N1&ted w.remonn, lach aD allu. ..~ - . .
. tltlou of aD alleo after eo doT' ll&d paaoecI ~nal _"_0". INB 10&' dlpoeiO '-800. 606. Authort~ rocleterm\Dl__..
from lauaaoe of aD order of deport&t1oD. fmull pnera:ted by tbeM OperaUODI or taM _1ac prooe4urel. .. .
section J09(c) makes oonformtnc amen4- t.bem to oftaet operatJoD&! upeJ:I.I8&. . TbJ.IeCt1on amendlsectton 2I2(a)(l) of_tile
menU to leCt10m -2U(b) and l12B(e) or the Sec. to6. Amended deftJ11t1on 01 anra...te4 INA. which JI'OvtcIM ~\ .,1... mae. be __ ~ ,
INA. . felon,.. tIued-wtthou.e.4iKr1m1uatlou bew.ueof.... .".:='.'-,-:-.
8ectlon I08(d) proYId.. t.b&t t.bI err_ lIectl.. _a) ameDea MCtJoo lOl(a)(411llN) .', Dlttoo&lltJ. pi.... or birth. or )ll&oe or "-c.';.
ate of WI ACtion y the date of eDACtmut, cd'the INA. to IU'1ke the nferenC8 tiC) Utle 11. 1"M1deDoe.1iO It&tAl tbat. MthIDI" III c,IUa Ab-
a_ t.b&t ou_tlo.. (A) &Dd (bl. n1atlDC V.B.C..ID de!lnluc &l1.n "'1lR'1fD&' U aD &C- _tloD limite the authorit, or... Secnt117
10 the 4etermtD&tion of when the period of I'!'&n.t.ed feloDY. Th1. &meDdment. will ~u1t ot &ate to determtDe ~ tor ~
..-d.ency or of cont.lDuoUl p!l;yatca1 pre_Doe m the inclUlion of the amunl1nc offeDlea ill 1DI vtau. Thil MCtJOD woald rever. al'e08ut
end&, are appUC&ble only to orders to ahow IleCtfon 274 of tJ1e INA mto..t.he deflnttJOD or Judicial dec11101l.wh1ch lut.erJnted t.be utl~ - -.--
oaUN nled on or att.er t.be date of eD&CUnent. accrava.ted falODJll. It &l1O amlDde the dennt. iDe 1anI'ua.ge t.o J"eQuJ.re t.he Secrel:&rJ' ..
The conformfDl" amendmentl made by lulr. tton of "an'J'l.vated relouy" by add1n<< . ~ tl1 to prooeu Ytau in a lpecitlc 10C&Lion.
tee'ttOD (0) are ef'tect1'ft on enactment. . llwrement ~t..the otflDlt of tratncklnC in c. 507. Border ..meet uler tee. .-
Sec, 110. Reectuton of lawfUl perrn&Dent. document fraud to t)e "'for tbe pa.rpoee of election adda. ne" lublectfon a6(1) \0
....dtmt.atua.. oommerctal adV&D,....... -... the INA. autbor1&1.Da" t.be At.l.amey GeDera.1 ~..:
Tht. Action amends -Mction Ma) or tbe Section to6(b) ameD41 HCtioD 101(a)t48) to to ch.t.rye &D4 collect.& border 8erV1Ce1 uer
Dl'A to cl&r1t;v t.b&t the AttarDey General 111 srcmde that "'the term 641.anra.vat.ed feloDJ'H tee tal' ever)' land border entl'7, 1Dc1.wl1ue -.
.ot reQu1red. to ruc1Dd ~e lawtul permanent appUel tor &ll purpoeea t.o DOnYictJoDl en. persona &rTfviDl" at U.S. borders by Ce.lT7._at ~
rMident 8t&tUl of a deportable .11en,eeparate 1ieJ'ed before, Oil, or-&fter the date or e~ DUttc1PAt!nI' ~.eDtry. The fee JI too be
and apart from the deportation prooeedJnr mint of tbi8 Act. Tb1I amendment w1l1 end collect.ed 111 'U.s. Carrenc}' &lid 1I_t at 11.10 -.
under aect10n 242 or 242A. TbJI provtlJon..111 controversy on which OGnv1etJoDl fall within tor each non-oommercla1 conveyance. u4
allow INS to pla.oe a lawful perm&IlIllDt reat- 'tbe dennttfoD, - 1.76 for Mcb pedestrian. COmmerc1a1 pu- .. .-
1Ient who bu become deJ)Ortable :Into depor- Section 406(c) &mendllleCtioD tt3(b) of the _DIU conveyances wID be ch&.rged the .Pe-, -
adou prooeedinp :lmmed1ately. INA to JlI"O"t'fde that tor purpoeea or deter. 4e1tl'1&I1 tee tor oper&tO~ aod ea.ch puaenpr. _
Sec. MI. 1D~ erncslllc;r 1>>. remo'I'&1 m1n1~ whetheT &D aUen. . lDelil1b1. tor ucept Ul&t rerT7 crewmen am lIot .ubJ~'.~
of 4et&1ned al1eD1i. wtthboldJnc of deportalJon bue4 em oonv:lc- tile tee.. ~.. - . ~
~ MOtion autbot1s6l appropr1a.t1oDl far tlon tor an anravatec1 felOD)'. the alJenmut. .T:be IleCt10n provides lor each State t.o de- : ':....:,=;:2~_.
&be Attorney General to eopduct . p,ilot pro- have been NDteDced. to Ove J'e&.ra or irion!. t8rm1ne at which, it GY, "POf!o8 the fee 11 tq -~' ~~.
P'&Dl or fJI'OI1'VDI to 8tOdy methods for 1Jt... Currently an:r acgravated relOD SI lDeUr1ble .I:c..:tco~=m:y :'~~1:-: =a:r:: . .,?._-~~~:.
. -creutDl' the emc1ency at deportation and ex. fot wt~old.1nc ot departa.tion. ,'. _.;..' .Qonncll tor -.cb port to d:evelop pr10ritle8':":;:'~~'-;;;.
:eluslon proceedi~ apJDIt deta.1ned. &l1ena .' 2TI'LE V-JNSPIC'J'IQIIf8..AND ~~a _ fbr ue of the Ieee collected. for IUbml.tOD <. -:~.,.._:--'-
b11D.CNUfnc .n:tI.btUtJ or: pro bODo COlIn. '800. 1101. Ch11 pooa1U.. for brincllII' 18ad- to t.b. Attaro., OeIIoraI. on.. AttDnl.y 0eII" _.:. ..!
..11Di"&nd relJJ"Nentatlon. Tbe Attonl.,. mtaalble .Uem from CODtfruOUl territortel. en.! must conllder tbele fn1ortt1es in funC!1!lI' ~.--
General may De fu.nc1a to award cnnta to . Tbtl eect10n amende MCtJon 2"/3(a) to... -port M1mcee. FuncSa ftmatnlDl' after pu~_. .:-.:~,
aot--for.proflt orpnb&tJom ....lItiDC aliena. tabli.h"the 1llep11ty of brtnc:tUC :lDadmte- ment or the coste of port eemcetl are 'to be .;.. .:- ........
. . ~ tv--.ALIEN JllfUGQLDfG 00H'l'80L I1ble aliens from JorefI'U OO'DttI'\lOU terrt. iiven to .t.be COw:Jc1l1 to spend on poTt-rilat- .F "
.- Sec. <<no W1retap aotborttsr tor iDYMttp.. tonee. If. amends MCUon 213t'b) oftbe INA io ed enbancemenQ. The Attorney General w11J '".-_"-~'J:'---
tik)nl or al1en ImURUnc aad 4ocamell.t fraud. tDc:r-.. from "',000 to .,GOO the flDe lor allocate enhancement rundl fOT poRI that .0 _.._~ --~.
ThiI eecc.1on amenda 18 B.S.C. 2516(1) to brtDC1nr1n&!laUeDUDlaw;fQl17. .... DOtaetupa Border 8emce Cowidl. , -.. .,.- :--- .~...:~~
ct.. INS the autbot1ty to 1lIe wiretapa 1D iD. 8eQ. 602. nennttiOD of ftO....,.; ..ol~ 'l'be Council memberlh1p mUlt 'lDduoe _ '__ ;~:(
. 9eat.iptJons of &lJen amuclling and. 4oQu. ab1l1t,y ot at.owawv: ..-ner li&b1111;7 lor 'three ltate repreleDtat1vft appointed by tile
_ ment fraud.. - - . _CJC>>tI or detentiou. ,.' ..: OoverDor JucludJna- at le&st ODe buIlD.. reI> -
Sec. 402. Appl:vt.oc racketeel1Dl"- offeDMI "to 8ectJon !iD2(a) adde a 4eftnJUon or atow. r:Helltattve. three local repreaezrtati.... ad .
aIleD BmUll'l1D8". .' away to the INA (Motion 101(a)) to m-.n &117 Cbree federal repreHnta:&1v.. . .
Thtl aectJon &men4l18 'O.8.C. l8610) to- tJt. al1en wbo obtatDl .trauPQl't&tJon witboat.. A State m&J' withdraw. aport from paruel'
elude the otreDael relatiD<< too &11eD ImU~. cooaeDt or throUJh oonoealmeDt or evUion. patton after &Jr1D1"'tlJ:1n J.mprqvemenr.a &DO ,- ...
.UDI .. pred.1c:ate offenael for ra.eket.eer1DC Section 5Q2(b) amends 1IeCt.10D 23'7 or the .after one year'llIottee. ..: ....
-..,... TIle applicatloD or moo to em..- INA to oI&rtl) that a _... 10 eubJlCt to - on.. AttonlO,l'leoeralloalithortaed to pi'o.' -
Ilinc .111 be Urnltecl toth_ olr..... oom. Immedl&te uclUllon aod de_tlpa Bow. YllIt .pecJal dIacoImtl fer _ueot border.
.q:Utted for commercial a4VM1t&Ce or pr1~te ......r. St allows a ltoW.".J t.o applJ' lor uy. Cl"OIIen, to adjust tbe fee U) comJlltnate for.
1bl&Dc1&1 Pin.. . . . _.. 1um Dr withhold.1DC at 4eport&t.!OJl. _ ,.. 1D11at.1011 ud 'ClOver tIIcr-.aed CQlJtB. and SO _.~..
, Sec. tCO. 1tZpe.nded I8Iet torf'e1tare tor .8ectJOD. &02(0) ameDdI Netton 2'7'SCd) a'l $he .<<mCil'&Ct with p1...c.e aDd l'Qblio eeoconAO .
- DI\lI'Cl1D1'or harbertEll' &l1eml.'. - lMA to requ1re tile can1er to 4et&fn a 1tOW- oollece. the fee. ne At1iOI"IJey GeaeraJ..mII' _ .
. TbJI aection ameDds 2'l'4 of the INA to au. away until be or ehe hu been iDl]leeted b1 eet&bl1,b IUch penaltJee for nOll.~nt 01
thonze .Ifltsure and forfe1't.UN or real &ad ~ AD 1mmtrra-tioa. omoer &D4 to pa, tor anY. . the leel AI are DeceAi.r7r.o ealure oompH-.
~ property 111 C&aU ot alien 8Dual1D8" LlDtfon OOItl1Dourred b7 lrbe AttarDe, Gen. &Dee. The Attorne, Genera] t. anthortze4 liD
.-.id ha.rbo~. CUJ'ftnt lorfeJture &ut.borttJ era1 ahould t1:Ie &UeD be takeD iDto cl1ltOctJ. advance to th. Border 8emoea Veer Fee Ae.
.11 Umlted to C011ve;;aDCM. INS mut live JU>.. It amendleectJoD 273(d) by ratl1l11' tbe ODe OOWIt the amouDt of fobe It&rt u.p 03It0I tram
. . tlce to OWDef'a ot an mUm to forfeit. .. for t&11ure to remove a .w..aw., from I3.IXX) t.be DI.-rtment ot J'uatJoe's WorklDl CapltIJ
. 8ec. 401. lncreaeed ullnfll&1 penaltlu~Cl!' to 16.000 per .to.a.... ll&1abl. to t.b. Com- Fuod. _flU I)oom' tb. fat will M _,
a'J1.D lmucrlfD&'. .,.... 1nIIII_OD'" U orreeWIlC ooDectlODL femd back 1l'oIII t.b. Border Senlcee Veer
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