HomeMy WebLinkAboutAgenda Packet 1995/10/24
Tuesday, October 24, 1995
6:00 p.m.
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DATED, /tl'lf.'9? SIGNED 6""0/-
Council Chambers
Public Services Building
Rel!ular Meetin!! of the City of Chula Vista City Council
CALL TO ORDER
Councilmembers Alevy _, Moot _' Padilla _, Rindone _, and
Mayor Horton _'
1.
ROLL CALL:
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: None.
4. SPECIAL ORDERS OF THE DAY:
a. Cultural Arts Commissioner Dency Satlval will introduce students and visual art activities from
the Olympic View Elementary School.
b. Youth representatives from the Chula Vista Youth Coalition will present the 1995 Youth Summit
Report.
c. Presentation by Mark Watton, Otay Water District, on Water Authority efforts to negotiate with
Imperial Valley on water transfer.
d. Proclaiming Friday, October 27, 1995 as "Chula Vista Neighborhood Telecenter Day" in the City.
The proclamation will be presented by Mayor Horton.
*****
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be available in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through 12)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green fonn to speak in favor of the staff recommendation; complete the pink fonn to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
5. 'WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that there were no observed reportable actions taken
in Closed Session on 10/17/95. It is recommended that the letter be received and filed.
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October 24, 1995
b. Letter from Wes Braddock, Assistant Principal, Hilltop Middle School, expressing concerns
regarding traffic and parking conditions adjacent to Hilltop Middle School. It is
recommended tbat staff be directed to work witb Sweetwater Union High School District staff to
discuss on-site parking alternatives.
c. Letter of resignation from Liz Lebron - Economic Development Commission. It is
recommended that the resignation be accepted with regret and the City Clerk be directed to post
immediately according to the Maddy Act in tbe Clerk's Office and the Public Library.
6. ORDINANCE 2651 AMENDING CHAPTER 2.66 - PARK AND FACILITIES RULES (second
readin2 and adoption) - Chapter 2.66 of the Municipal Code, which governs
the rules and regulations for use of city parks and facilities, has not been
substantially changed since 1974. The Department has undertaken the task of
reviewing this Chapter and proposing various amendments to the sections
therein. The intent of the proposed amendments is an administrative "house
cleaning" procedure to create rules which are more applicable to situations
encountered in the parks. Staff recommends Council place the ordinance on
second reading and adoption. (Director of Parks and Recreation)
7. RESOLUTION 18080 APPROVING COUNCIL POLICY REGARDING THE USE OF NON-
PROFIT ORGANIZATIONS IN RELATIONSHIP TO THE BOARDS AND
COMMISSIONS SYSTEM OF THE CITY - In response to a request from the
International Friendship Conumssion (IFC) for staff assistance to form a non-
profit corporation, Council directed staff to review the request and provide a
report back. Staff recommends Council: (1) approve the resolution; (2) direct
staff and the City Attorney to work with the IFC in drafting Articles of
Incorporation and By-Laws, that include conditions similar to those described
on page 11 of the report, and bring back a proposed structure for a non-profit
to supplement the IFC for Council review; (3) conceptually approve the draft
Articles of Incorporation and By-Laws for the Police Activities League and
authorize the Chief of Police and City Attorney to finalize and submit them to
the appropriate state agencies for processing the PAL incorporation as a non-
profit. (Deputy City Manager Thomson and City Attorney)
8. RESOLUTION 18081 APPROVING AGREEMENT WITH SAN DIEGO STATE UNIVERSITY
TO PROVIDE $66,960 TO THE CITY FOR THE SMARTCOMMUNITY
PROJECT, APPROPRIATING $57,995 FROM THE UNAPPROPRIATED
GENERAL FUND BALANCE, AND AMENDING THE FISCAL YEAR
1995/96 BUDGET TO ADD A 0.60 FTE TEMPORARY EXPERT
PROFESSIONAL POSITION TO THE MIS BUDGET - During the budget
process for fiscal year 1995/96, Council approved staff to explore tbe possibility
of having the City work with Caltrans on the SmartCommunity project to
develop the "Electronic Highway Alternative". For the SmartCommunity
project, Caltrans would contract with San Diego State University, who would
be the primary contractor. San Diego State University would then contract with
the proposed subcontractors, the City, the University of California at Davis, and
the Center for the New West. Staff recommends approval of the resolution.
(Director of Management and Information Services) 4/Sth's vote required.
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October 24, 1995
9.A. RESOLUTION 18082 APPROVING AMENDMENT NUMBER 2 TO AGREEMENT NUMBER
94-04772V WITH THE UNIVERSITY OF CALIFORNlA - DAVIS TO THE
ORIGINAL TELECENTERSERVICES AGREEMENT EXTENDING THE
TERM, PROVIDING $40,000 IN ADDITIONAL SERVICES AND
APPROPRIATING BUDGET ACCORDINGLY - Approval provides for an
additional $80,000 in funding for the two telecenters, approves budget for same,
and extends the telecenter personnel for an additional two years or until non-city
funds are extinguished. Staff recommends approval of the resolutions.
(Environmental Resource Manager) 4/5th's vote required
B. RESOLUTION 18083 APPROVING AMENDMENT NUMBER 1 TO AGREEMENT NUMBER
94-05798V WITH UNIVERSITY OF CALIFORNIA - DAVIS IN THE
ORIGINAL TELECENTERSERVICES AGREEMENT EXTENDING THE
TERM, PROVIDING FOR $40,000 IN ADDITIONAL SERVICES AND
APPROPRIATING BUDGET ACCORDINGLY - 4/5th's vote required
10. RESOLUTION 18084 ADOPTING THE CHILDREN'S INITIATIVE - The City has received a
letter from County Supervisor Dianne Jacobs requesting support of the
Children's Initiative. Staff and the Child Care Commission were asked to
review the request and make a recommendation. Staff recommends approval of
the resolution. (Director of Parks and Recreation)
11. RESOLUTION 18085 DECLARING THE INTENTION TO ESTABLISH OPEN SPACE
DISTRICT NUMBER 33, BROADWAY BUSINESS HOME VILLAGE,
APPROVING THE BOUNDARY AND ENGINEER'S REPORT AND
DIRECTING THE CITY CLERK TO GIVE NOTICE OF AND SET THE
DATES OF THE PUBLIC HEARING FOR DECEMBER 5,1995, AT 4:00
P.M. AND DECEMBER 12, 1995 AT 6:00 P.M. - In accordance with
Municipal Code Section 17.07, The Landscaping and Lighting Act of 1972 and
per the requirements of the development agreement between the Redevelopment
Agency and Broadway Village Business Homes, L.P., a California limited
partnership, staff is initiating the creation of Open Space District Number 33,
Broadway Business Home Village. Staff recommends approval of the
resolution. (Director of Public Works)
12. RESOLUTION 18086 ADOPTING 1994 STANDARD "GREENBOOK" SPECIFICATIONS,
REGIONAL SUPPLEMENTS AND CHULA VISTA STANDARD
DRAWINGS AND STANDARD SPECIFICATIONS - On 10/6/92, Council
adopted the 1992 Regional Standard Drawings and Standard Specifications for
construction of public works facilities in the city. The Regional Standards
Committee has revised the standard drawings and specifications and published
the revised 1994 edition. Staff recommends approval of the resolution.
(Director of Public Works)
* * END OF CONSENT CALENDAR * *
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October 24, 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 fill out the "Request to Speak Form" available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommentlation; complete
the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
None submitted.
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 agentia for public discussion. (State law, however, generally
prohibits the City Council from taking action on any issues Rot included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications
Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action. Your time is limited to three
minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agentla are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
13. RESOLUTION 18087 AMENDING THE DRAFf 1995 SPHERE OF INFLUENCE UPDATE
STUDY (PCM 93-05) AND DIRECTING THE AMENDMENTS BE
SUBMITTED TO THE LOCAL AGENCY FORMATION COMMISSION-
On 3/14/95, Council approved the 1995 Sphere of Influence Update Study and
directed that the Study be submitted to the Local Agency Formation Commission
(LAFCO) for adoption. Staff filed the Study with LAFCO. In response to
special districts and LAFCO coounents on the Study, staff is proposing
amendments concerning water service. Staff recommends approval of the
resolution. (Special Planning Project Manager, Otay Ranch)
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October 24, 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.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
14. CITY MANAGER'S REPORT IS)
a. Scheduling of meetings.
b. Introduction of new Human Services Coordinator, Jennifer Bartindale.
IS. MAYOR'S REPORTlS)
a. RESOLUTION 18088 OPPOSING U.S. SENATE BILL S. 269 UNLESS AMENDED - S.
269 ISIMPSON) IMMIGRA nON/BORDER FEES would establish a
$1 land border crossing fee for all non-commercial traffic, with
unspecified discounts available to frequent crassers. Other provisions
include pilot programs for automated border crossing facilities, hiring
of 700 new Border Patrol agents per year through the year 2000, hiring
300 new INS investigators per year through the year 1998, and
strengthening criminal penalties for alien smuggling or document fraud.
The Legislative Committee recommends a position of "Oppose unless
amended" and general opposition to the border fee component of the
bill.
16. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on November 7,
1995 at 4:00 p.m. in the City Council Chambers.
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October 24, 1995
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CLOSED SESSION
Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will
discuss and deliberate on the following items of business which are permitted by lnw 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 lnw to return to open session, issue any reports of final action
taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed
sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from
closed session, reports of final action taken, and at/journment 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.
17. CONFERENCE WITH LEGAL COUNSEL REGARDING - 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, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE) , Police Officers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management. and Unrepresented.
18. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
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Tuesday, October 24, 1995
6:00 p.m.
ADDENDUM
CLOSED SESSION
Council Chambers
Public Services Building
17. CONFERENCE WITH LEGAL COUNSEL REGARDING - Anticipated litigation pursuant to
Government Code Section 54956.9
. Wolfe vs. the City of Chula Vista.
Tuesday, October 24, 1995
6:00 p.m.
Re2ular Meetin2 of the Citv of Chula Vista Citv Council
ADDENDUM
CLOSED SESSION
Council Chambers
Public Services Building
17. CONFERENCE WITH LEGAL COUNSEL REGARDING - Anticipated litigation pursuant to
Government Code Section 54956.9
. Wolfe vs. the City of Chula Vista.
t-,
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October 18, 1995
FROM:
The Honorable Mayor and city counf1\ .
John D. Goss, City Manager~ ~~\
city council Meeting of october~4~995
TO:
SUBJECT:
This will transmit the agenda and related materials for the regular
city council meeting of Tuesday, October 24, 1995. Comments
regarding the Written communications are as follows:
Sa. This is a letter from the City Attorney stating that there
were no observed reportable actions taken by the City Council
in Closed Session on October 10, 1995. IT IS RECOMMENDED THAT
THE LETTER BE RECEIVED AND FILED.
5b. This is a letter requesting that the City address traffic
concerns in the area of Hilltop Middle School. This item was
heard by the Safety Commission on October 12, 1995 which voted
unanimously to recommend that: 1) parking be added to the east
side of Hilltop Drive between J Street and Telegraph Canyon
Road; 2) defer the request for left-turn phasing until the
1996-97 Capital Improvement Program is submitted to Council;
and 3) staff write a letter to Hilltop Middle School
requesting that the gate be closed at the top of the vacant
lot near Telegraph Canyon Road. Further, staff will be
working with Hilltop Middle School to find mutually acceptable
solutions to their problems. staff, however, will be directed
to continue working with Sweetwater union High School District
staff to discuss on-site parking alternatives.
5c. IT IS RECOMMENDED THAT THE RESIGNATION OF LIZ LEBRON FROM THE
ECONOMIC DEVELOPMENT COMMISSION BE ACCEPTED WITH REGRET AND
THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO
THE MADDY ACT IN THE CITY CLERK'S OFFICE AND THE PUBLIC
LIBRARY.
JDG:mab
COUNCIL AGENDA STATEMENT
Item
Meeting Date 10/24/95
'If;
ITEM TITLE:
Presentation: Youth representatives from the Chula Vista Youth
Coalition will present the 199 Youth Summit Report
SUBMITTED BY:
Director of Parks and Recr
~
REVIEWED BY:
City Manager-1~ ~
(4/5ths Vote: Yes
No--X.J
Young people from the South Bay Family YMCA, South Bay Community Services, the Boys & Girls
Club ofChula Vista, and the Chula Vista Youth Commission will highlight activities of the 1995 Youth
Summit. The 1995 Youth Summit, coordinated by the Chula Vista Parks and Recreation Department
and the Chula Vista Youth Coalition, included youth from all areas of the community participating in
focus groups and larger community groups to determine the needs of Chula Vista youth.
[NetWOrk:jb-AI3-presenI.A13-OctobeT 9,1995)
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CHULA VISTA PARKS AND RECREATION DEPARTMENT
CHULA VISTA YOUTH COALITION
REPORT ON THE CHULA VISTA YOUTH SUMMIT
INTRODUCTION
Adolescence is a critical time in a person's physical and emotional development. The
passage from childhood to adulthood is often characterized as a challenging - and
difficult - time when teenagers begin in earnest to establish their own identities. This is
the time when young people begin to separate themselves from their families, align
themselves with their peers, start making their own decisions, develop intimate
relationships, and begin to experience and explore feelings of sexuality. Most youth begin
to connect future consequences with present actions, and many begin to experiment with
behaviors they think are part of being an adult. Without consistent and caring adult
support and guidance, some teenagers are more vulnerable to excessive behavior and
risks that can jeopardize their own health and development, their families, and their
community.
Adolescence is also marked by a strong desire for competence and achievement. It is
natural for youth to find ways to establish their own identities, and many accomplish this
through strong commitments to others, to ideas and social causes, and to work or desired
careers. Youth need positive adult role models, as well as guidance and encouragement
from caring adults. Young people also need - and many demand -- opportunities to
achieve and excel in school and extracurricular activities, in their homes and communities,
and in employment and training. Without supportive relationships with caring adults and
opportunities to participate in positive activities, many youth are vulnerable to more
negative influences.
BACKGROUND ON THE CHULA VISTA YOUTH SUMMIT
1992 Youth Summit
In 1992, the City of Chula Vista hosted a day-long event where representatives from high
schools throughout the city were invited to share their thoughts and ideas with elected
officials about the needs of youth. This event was instrumental in providing a forum for
youth to express their beliefs regarding services and programs for the city's young people.
The forum was videotaped and televised locally with the assistance of the local cable
company.
1993 Youth Summit
In early 1993, the Mayor of Chula Vista approached the City's Parks and Recreation
Department to coordinate a citywide Youth Summit. A Planning Team comprised of
representatives from the Parks and Recreation Department, Sweetwater Union High
11995 YOUTH SUMMIT - 95YTHSUM.RPT. 05109195]
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School District, and local youth-serving agencies (Boys & Girls Club of Chula Vista, South
Bay Community Services, and South Bay Family YMCA) was convened to plan the 1993
Youth Summit.
The event's target audience was youth between the ages of 13 and 18 years. The
Planning Team agreed that the purpose of the Youth Summit should be to gather
information from Chula Vista's youth and present the findings to policymakers in a format
that would encourage innovative and creative strategies to better meet the changing
'. needs of the city's young people. To achieve this goal, the Planning Team deter!Tlined
that the most effective way to get the desired results was to structure the Youth Summit
in such a way as'to encourage and sustain dialogue between the city's youth and
policymakers. The strategy created to implement the Youth Summit included:
1. Convening 12 youth "focus groups", each sponsored by one of the youth-serving
agencies involved in the Planning Team, to discuss the program and service needs
of Chula Vista youth. More than 150 youth - representing a variety of ages, ethnic
backgrounds, and interests - participated in the focus groups. Participants
included athletes, homeless youth, current and former gang members, those active
in student government, and those involved in the juvenile justice system.
2. Convening "Youth Summit Part I", where representatives from each of the youth
focus groups presented their findings and recommendations to policymakers and
elected officials.
3. Convening "Youth Summit Part II", where youth and policymakers worked together
to develop a plan of action to implement the findings and recommendations
generated by the focus groups.
4. Implementing the plan of action.
The issues and needs identified by youth participants focused on the following five areas:
1. Activities for Youth: Programs for teens should include afterschool, evening, and
weekend activities. Programs could be offered in existing facilities such as schools
and gyms; equipment could also be provided by the schools. Activities should be
based on age groupings rather by grades, and could include arts and crafts,
intramural sports, computer games, life skills training, dances, trips, special events
such as talent shows and mural/art displays, and late night activities such as
midnight basketball. Assistance with transportation should also be considered.
2. Jobs and Trainin9 for Youth: Programs and resources for youth are available, but
many youth reported that they were not aware of these programs. Suggested
strategies to improve communication and awareness could include offering more
vocational/informational job fairs, and developing a resource directory or "student
survival kit". The schools and youth employment and training programs could
coordinate activities to promote equal access to jobs and employment
[1995 YOUTH SUMMIT - 95VTHSUM.RPT - 05I09J95]
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opportunities for all youth.
3. Drugs on Campus: There was agreement that school administrators, teachers,
parents, students, and the general community need to "own" the problem of drugs
on school campuses. Denial of the problem needs to be addressed and
eliminated. Awareness and understanding of policies at all levels (e.g., Police
Department, School District, courts, Attorney General's Office, etc.) could be
improved. Suggested solutions to the problem of dealing with the increasing
availability of drugs on campus for sale and/or consumption included: developing
a "volunteer teen hotline" staffed by volunteer youth; providing more off-campus
counseling for students through other agencies besides schools; expanding student
peer support groups; offering a Teen Night Club or "Friday Nite Live" activities;
developing a clear "zero tolerance" message for endorsement by policymakers;
and providing more parenting classes.
4. Communication/Police and Youth Relations: Recommended solutions included:
developing a School DistricUCityllaw enforcement policy requiring family/youth
counseling as a part of diversion programs; providing ongoing/mandatory education
and training for law enforcement officers regarding cultural and trend differences
related to youth; and developing an ongoing interactive group comprised of a
representative group of youth (those who have had positive and negative contacts
with law enforcement) and police (e.g., patrol officers, detectives, sergeants, etc.),
with the Police Department making regular reports back to an advisory group such
as the Chula Vista Youth Coalition on the progress made in improving relations
between police and youth.
5, Teen Center/Night Club: Teens need a safe, comfortable place to "hang out" and
not worry about competing for programs or facilities with younger children or
adults. A Teen Center would provide a variety of activities for youth 13 years of
age and older. Teens also need a safe, alcohol-free place to meet friends, listen
to music, and dance. A Teen Night Club could also provide employment and
training opportunities for youth, and be financially self-sustaining.
To-date, the Parks and Recreation Department and the Chula Vista Youth Coalition (a
group comprised of representatives from more than 20 youth-serving agencies providing
programs and services in Chula Vista) have been successful in addressing the need for
more activities for youth and the development of a Teen Center/Night Club. Efforts to
address items 2-4 have been much slower, and little progress has been made in these
areas.
Impact of the 1993 Youth Summit: Youth ACTION Program
As a direct result of the 1993 Youth Summit, the Chula Vista City Council approved
funding (approximately $81,000) for the Youth ACTION Program for fiscal year 1993-94.
ACTION stands for, "Activities Coordinated Through Interagency Organizational
Networks". The program strives to improve access and availability of services to youth
of middleljunior high school and high school age. The program consists of the following
11995 YOUTH SUMMIT. 95YTHSUM.RPT. 051091951
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basic functions:
1. Junior High Outreach: Supervised afterschool activities offered at each of the
City's four middle/junior high schools. The South Bay Family YMCA's PRYDE
Program serves as the foundation for this component.
2. Hi(.lh School HappeninQs: Supervised afterschool activities offered at each of the
City's five high schools. Activities include open gym, step aerobics classes, weight
training, etc. The program is coordinated by the Parks and Recrl'lation
Department.
3. Late Night Teen Program: Supervised evening and late night activities, including
"midnight basketball". The program is offered by the Boys & Girls Club of Chula
Vista at its two branches ("L" Street and Oleander Avenue).
4, Special Events: Such as dances, "battle of the bands", etc.
5. Transportation Program: Intended to orchestrate free or low-cost transportation
options for teens between the ages of 13 and 18 who often do not know how to
drive, or who do not have access to a vehicle.
6. Cultural Arts:
A key feature of the Youth ACTION Program is the creation and maintenance of "Youth
Advisory Groups" at each of the different program sites. These Advisory Groups playa
key role in the development and implementation of activities and programs in the City.
Funding for the Youth ACTION Program was renewed by the City Council for fiscal year
1994-95. Efforts to secure additional funding through the Community Development Block
Grant (CDBG) program to augment the Junior High Outreach and High School
Happenings components have also been successful.
Chula Vista Youth Coalition
The 1993 Youth Summit also served as the force in solidifying the Chula Vista Youth
Coalition. The Youth Coalition is a group comprised of representatives of organizations
serving youth in Chula Vista. The Coalition was formed in 1992 with the go,!ls of
coordinating, strengthening, and expanding services and activities for Chula Vista youth,
with a major focus on middle~unior high and high school groups. Since its inception,
membership has expanded to involve a diverse group of organizations, including: the
Chula Vista Parks and Recreation Department, South Bay Family YMCA, Boys & Girls
Club of Chula Vista, South Bay Community Services, San Diego County 4-H, MAAC
Project, Chula Vista Elementary School District, Sweetwater Union High School District,
Police Activities League (PAL)/Chula Vista Police Department, Chula Vista Public Library,
Girl Scouts, Boy Scouts, Union of Pan Asian Communities, Campus Life, and the Church
Coalition.
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During the past two years, Youth Coalition members have served hundreds of area youth
through the various components of the Youth ACTION Program, including afterschool
activities, evening and late night programs, and special events.
As the coordinating group, the Youth Coalition is also looking for ways to maximize
available resources, and identify additional funding sources to expand projects.. The
primary focus is also becoming broader as the Youth Coalition continues to grow within
the community. The Coalition will now focus on all ages of children (elementary through
high school) through programs using older youth as mentors/positive role models for
younger children. .
Responsiveness to Identified Needs
The Youth Coalition and its partners have also been very responsive to the program ideas
and suggestions generated during the 1993 Youth Summit, and have developed several
new programs and services to augment the Youth ACTION Program. These activities
include:
. A Teen Center/Night Club operated by youth, for youth (lead agency is South Bay
Community Services' KidzBiz Program). The Teen Center/Night Club ("CheckPoint")
opened in mid-November 1994, and offers drug- and alcohol-free activities every
Thursday, Friday, and Saturday evening. The Parks and Recreation Department has
been involved as business mentors for the youth, and has served on the Teen
Center's Advisory Board.
. A Teen Night operated by the Chula Vista Parks and Recreation Department's Loma
Verde Community Center on alternating Friday evenings. Activities include dances
and an open game room.
. Youth Services offered by the Metropolitan Area Advisory Committee (MAAC)
Project's Otay Community Center. Activities include weight training, boxing, and late
night activities such as teen dances.
. A Youth Newspaper produced by youth, for youth. The "South Bay Youth Chronicle"
is the City of Chula Vista's project as part of its participation in the California Healthy
Cities Project. It is a collaboration between the Parks and Recreation Department and
South Bay Community Services' KidzBiz Program. The publication features articles
written by youth on pertinent health and social issues (such as the dangers of tobacco
use, teen pregnancy, substance abuse, etc.), as well as activities available to area
teens. The first issue was published in March 1995; issues are currently published
once a month.
Successful Resource Development
The Parks and Recreation Department and members of the Youth Coalition have also
been successful in obtaining additional funding for enhancements to the Youth ACTION
Program. To-date, this additional funding totals $320,000, and includes:
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. A $100,000 grant awarded to the Parks and Recreation Department by Easton
Aluminum for an archery program. The funds have been used to purchase
equipment, as well as provide instruction and training for staff and participants. The
archery program has been added to the Junior High Outreach component of the Youth
ACTION Program, and is available to other youth programs as well.
. A $99,111 Criminal Justice Planning grant awarded to the South Bay Family YMCA
for the Junior High Outreach/PRYDE Program component for fiscal year 1994-95.
. A $10,000 Community Development Block Grant (CDBG) awarded by the City of
Chula Vista to the South Bay Family YMCA for the Junior High Outreach and High
School Happenings components at Chula Vista Junior High and Chula Vista High
Schools for fiscal year 1994-95. The YMCA is the fiscal agent for the grant, and is
sub-contracting with the Parks and Recreation Department for the High School
Happenings portion of the award.
. A $120,000 grant awarded to the Parks and Recreation Department by the Tobacco
Control Section of the California Health Services Department to coordinate tobacco
education and intervention activities offered by Youth Coalition agencies. Efforts will
concentrate on working with older youth to be peer trainers and mentors for younger
youth and children in the area of tobacco education. This 24-month grant began in
January 1995, and will end in December 1996.
. A $4,250 technical assistance grant awarded to the Parks and Recreation Department
by the California Healthy Cities Project to support the development of the "South Bay
Youth Chronicle", a newspaper produced by youth, for youth. The youth newspaper
project is a collaboration between the Parks and Recreation Department and South
Bay Community Services' KidzBiz Program.
. An $11,700 grant by the San Diego County 4-H Program to support a Science Mentor
Program.
. An $8,225 CDBG grant awarded to the MAAC Project by the City of Chula Vista to
provide youth services at the Otay Community Center. Activities include Teen Nights
offered in collaboration with South Bay Community Services.
. The Parks and Recreation Department and the Youth Coalition was also selected to
receive a $36,883 grant through the California Commission on Improving Life Through
Service for a community-based service learning project to augment the Junior High
Outreach component of the Youth ACTION Program. Changes in priorities and
available funds through the Corporation for National and Community Service, however,
resulted in the project not receiving any funding for fiscal year 1994-95.
As the coordinating group, the Youth Coalition will continue to seek ways to maximize
available resources and identify additional funding sources to expand programs and
services.
(1995 YOUTH SUMMIT - 95YTHSUM.RPT - 05109195]
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Commission Appointments
During the past year, two 1993 Youth Summit participants were appointed to the Chula
Vista Youth Commission. The Commission is comprised of nine members ranging in age
from middle~unior high through the second year of college appointed by the Mayor and
City Council. The Youth Commission serves as the direct communication link between
Chula Vista youth and the City Council, and provides recom"mendations and suggestions
to the City Council and all City Boards and Commissions that reflect the point of view of
youth in the community.
1995 YOUTH SUMMIT
In October 1994, the Parks and Recreation Department, Chula Vista Youth Coalition, and
Chula Vista youth began planning the 1995 Youth Summit.
The Department and Youth Coalition were committed to involving youth in virtually every
aspect of planning this Youth Summit, as well as future programming for youth. Young
people interested in being focus group leaders/facilitators were recruited through the
schools and agency programs. Each focus group had at least one adult advisor. Training
sessions for youth focus group leaders and adult advisors were scheduled in late
November/early December, and concentrated on helping youth develop and refine their
skills in leading a group discussion.
Ten focus groups, involving more than 150 participants, met during the months of January
and February. Each focus group discussed the following two questions:
. What youth services are currently available to you in Chula Vista?
. What services would you like to see in place by the year 2000?
Youth focus group leaders and adult advisors were responsible for compiling the
responses to each question on the worksheets provided by Parks and Recreation
Department staff. These responses were then taken verbatim by Parks and Recreation
staff, and distributed to Youth Summit participants during the March sessions.
Policymakers invited to participate in the Youth Summit included: the Mayor and City
Council; the City Manager; City Department heads; members of the Parks and Recreation
Commission; members of the Sweetwater Union High School District Board of Trustees;
members ofthe Chula Vista Elementary School District Board ofTrustees; School District
Superintendents; the Presidents and Executive Directors of the Chamber of Commerce
and Downtown Business Association, Board members of local youth-serving agencies;
the Church Coalition; and elected officials at the county (Board of Supervisors), state
(Assembly and Senate), and federal (U.S. Senate and House of Representatives) levels.
The Youth Summit meetings took place on March 15, 1995 and March 29, 1995. The
format was similar to the one used for the 1993 Youth Summit: the first meeting (March
7
(1995 YOUTH SUMMIT - 95YTHSUM,RPT. 05109195]
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15th) focused on youth sharing their thoughts and ideas with policymakers regarding
improving programs and services; the second meeting (March 29th) focused on youth and
policymakers working together to develop a plan of action to implement these ideas.
Summa!}' of the March 15th Meeting
The first meeting of the 1995 Youth Summit was held on the campus of EastLake High
School. Approximately 60 youth and five local policymakers attended this session; also
in attendance were representatives from the offices of State Senator Steve Peace, State
Assemblywoman Denise Moreno Ducheny, County Supervisor Greg Cox, and
Congressman Bob . Filner, as well as representatives from the County Alcohol and Drug
Services and KGlV-Channel 10.
The top six issues/needs identified by focus group participants included:
. More places to hang out
. Transportation
. Jobs
. More sports facilities/community centers
. More open space and parks
. More activities
Eight additional issues/needs identified included:
. Services for pregnant teens
. Discrimination/racism
. Safe havens; schools/education
. Relations with law enforcement
. City/community pride
. Libraries
. Concert hall/creative arts center
A copy of a summary based on the focus group reports is attached (Attachment A).
Summa!}' of the March 29th Meeting
During the March Youth Coalition meeting, members grouped the common issues/needs
identified in the focus groups into the following six areas:
. Places to go/more facilities (including more places to hang out, sports
facilities/community centers/ more open space and parks)
. More activities (including city/community pride)
. Transportation
. Jobs
. Schoolsleducationllibraries
. Health and safety (including services for pregnant teens and safe havens)
[1995 YOUTH SUMMIT - 95YTHSUM.RPT - 05109195)
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These areas served as the focus for the six "breakout" sessions. Small group discussions
were facilitated by members of the Youth Coalition, and each of the breakout groups
included youth and policymakers whose task was to develop a plan of action to address
the needs and issues raised. At the end of the meeting, each breakout group shared its
suggested plan of action with the full group. A summary of the discussions and
presentations are attached to this report (Attachment B).
1995 YOUTH SURVEY RESULTS
In conjunction with the 1995 Youth Summit, a youth survey sponsored by the Chula Vista
Parks and Recreation Department, Chula Vista Youth Commission, and the Chula Vista
Youth Coalition was distributed to all focus group participants. Of the 250 surveys
distributed, 116 were completed and returned for tabulation (a return rate of 46.4%).
Responses from youth participating in the survey showed the following:
. 61.2 % (71 respondents) were in grades 7, 8, and 9.
. 58.6% (68 respondents) were ages 13, 14, and 15.
. 69.8% (81 respondents) were ethnic youth (African American, Asian/Pacific Islander,
Latino, American Indian).
. 57.8% (67 respondents) were from two-parent families; 26.7% (31 respondents) were
from single-parent families.
. 79.3% (92 respondents) did not have jobs; 73.3% (85 respondents) said they want to
find a job.
. 3.5% (4 respondents) said they were in a gang; 4.3% (5 respondents) reported they
were uncertain if they were in a gang.
. For the most part, youth reported they felt good about themselves and were happy
with their perceptions of how others saw them.
. Issues such as feelings of loneliness, substance use/abuse, suicide, violence, and
relationships with parents, teachers, and police are real concerns of our city's young
people. '
CALL TO ACTION: THE NEXT STEPS
The Parks and Recreation Department and the Youth Coalition are committed to
continuing their focus on strengthening and expanding programs and services for Chula
Vista youth. The Department and Youth Coalition are also committed to continue
empowering youth by involving them in the planning phases of not only the annual Youth
(1995 YOUTH SUMMIT. 95YTHSUM.RPT . 05109I95)
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Summit activities, but all aspects of program development and implementation.
The recommendations presented by the city's youth for improving programs and services
are fairly simple: provide more programs and facilities where youth can go to participate
in safe, secure, supervised activities; offer more affordable and accessible transportation
options; provide more opportunities for employment training, including volunteer .and
community service; offer more health and social services to youth, including counseling;
and provide a more enriching, challenging, and supportive learning environment in the
schools that better prepares young people for college, a career, and a productive life.
In order to begin addressing the needs/issues raised during the 1995 Youth Summit, and
continue to address unmet needs identified in previous Youth Summits, the Parks and
Recreation Department and the Youth Coalition should be permitted to continue their
pursuit of creative and innovative program and activities. These responses could be in
the form of:
. Continuing to work toward an improved method for advising and training area
youth on career skills and employment opportunities.
. Continuing to provide activities that will enhance the communication and
relations between police and youth.
. Address the student's perception that schools do not face the problems of
violence and drugs on campus.
. Using empty or abandoned buildings for programs and activities, such as a
drop-in teen center, another teen night club, teen fitness center, or a center
where youth-serving agencies could offer needed services (e.g., counseling,
tutoring, etc.).
. Establishing a "skate park" where skateboarders, roller bladers, and bike riders
can go without breaking the law and/or endangering themselves or the general
public.
. Partnering with the local Elementary and High School Districts to share space
in new schools for the purposes of offering afterschool recreation programs and
activities operated by youth-serving agencies (including the Parks and
Recreation Department). .
For more information on the Chula Vista Youth Summit, the Chula Vista
YouthACTION Program, Youth Survey, and/or the Chula Vista Youth Coalition,
pleasecall the Chula Vista Parks and Recreation Department at (619) 691-5071.
11995 YOUTH SUMMIT. 95YTHSUM.RPT .05J09l951
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ATTACHMENT A
1995 YOUTH SUMMIT - PART I
SUMMARY OF FOCUS GROUP PRESENTATIONS - COMMON ISSUES/NEEDS
1. MORE PLACES TO HANG-OUT (mentioned by at least 4 Focus Groups)
. Need more Teen Centers.
. Need more CheckPoints (teen night clubs), and more Teen Nights (for older youth":' 17 years
and older).
. Need more afterschool recreation activities.
. A Bookstore/Coffee Shop for youth - run by youth.
. Extend curfew.
2. TRANSPORTATION (mentioned by at least 4 Focus Groups)
. Need more affordable transportation options - free or lower fares.
. Need more accessible transportation options - more buses, more shuttle buses.
. Need more transportation options to and from activities, including evening activities.
. Need transportation options that go where youth want to go.
3. JOBS (mentioned by at least 3 Focus Groups)
. Need more year-round jobs for youth, not just during the summer.
. Need to encourage local businesses to hire more youth.
. Need more career training opportunities, including job seeking classes, etc.
. Need to start providing job training and career exploration at an earlier age, e.g. 12-13 years.
4. SPORTS FACIUTIES/COMMUNITY CENTERS (mentioned by at least 3 Focus Groups)
.
Need more community facilities for football, softball, etc.
City needs a place where skateboarders and roller bladers can go - e.g., a Skate Park
(possible location - Bayfront?).
City needs a Bike Jump.
Need more lighted basketball courts.
Need more public pools.
City needs a local amusement park - water slides, bungee jumping, etc.
Need a physical fitness training center for youth.
:...
.
.
.
.
.
.
5. MORE OPEN SPACE AND PARKS (mentioned by at least 2 Focus Groups)
. Need more parks and open space, less development.
6_ MORE ACTIVITIES (mentioned by at least 2 Focus Groups)
. Need more trips - e.g., Magic Mountain, Disneyland, etc.
. Need more specialized classes, such as jewelry making, etc.
. Need to offer the PRYDE Program every day, instead of only Mondays, Wednesdays, Fridays,
and Saturdays.
. Need to offer PRYDE Program for older elementary school children (who don't always want
to participate in afterschool playground programs with younger children).
. 4-H Riding (Equestrian) Program .
(SM - 1995 YOUTH SUMMIT. YTHSUMM1.NOT - 03/16195J
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SERVICES FOR PREGNANT TEENS
o Need safe places (e.g., shelters) where pregnant teens can stay if they have no where'else
to go.
o Need more child care options for teen mothers to encourage them to finish school.
DISCRIMINATION
SAFE HAVENS
o Need to develop a system for offering free phone calls to youth in emergency situations.
SCHOOLS/EDUCATION
o Need to consider "Liberal School" - offering more flexibility to students in scheduling classes,
etc. (e.g., aftemoon classes for those who are working).
. Need to look at shorter school years; moving from semester to quarter system.
. Need to expand use of technology in classrooms - need more computers in the classrooms.
. Need more drug education, gang prevention, etc. classes and training.
. Need more partnerships and collaborations between the elementary, middle/junior high, and
high schools.
. Need to improve college preparation courses and activities, as well as offer more college
campus visits.
RELATIONS WITH LAW ENFORCEMENT
. Police need to have a more visible presence in the malls to create a stronger sense' of
security and safety.
CITY/COMMUNITY PRIDE
. Need more community clean-up activities, graffiti paint-outs, etc.
. Need more recycling centers.
. Need more opportunities for community service projects.
UBRARIES
o Need better updating and upgrading of books, materials, etc. (both school libraries and public
libraries).
CONCERT HAWCREATIVE ARTS CENTER
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ATTACHMENT B
1995 YOUTH SUMMIT - PART II
SUMMARY OF BREAKOUT GROUP DISCUSSIONS
PLACES TO GO/MORE FACILITIES
Suaaestions/Plan of Action:
1. Create More Places
. Where kids can go to be with friends.
. With a television(s), pool tables, gym, weight lifting, table games, sports, basketball,
etc. .
. With no little kids.
. Where activities are free.
. Where everyone is of junior high age or older.
. Where you can go on trips (like the Boys & Girls Club).
. Where you can get a referral (to a needed program or service).
. That's secure and safe.
. That's run by teens.
. Where kids aren't searched, judged, or required to follow a dress code.
. That provides maps to places where there are sports.
. That has a calendar of activities.
. That provides information on how to get to the next level of schooling.
. That has rules to follow.
. That has information on planned trips (e.g., Sea World, Magic Mountain, Disneyland,
etc.).
. That has adults involved who like kids.
. That has a telephone that kids can use.
. That has magazines or books about life issues.
2. Suaaested Activities
. Club meetings.
. Movie night.
. Fundraisers.
. Diverse music.
. Information on safe sex, information on available services, such as shelter.
Information could be posted on a bulletin board.
. Year-round sports leagues. .
3. Suaaested Facilities
. Open courts (e.g., basketball, tennis) so youth can get together with friends.
. More lighted basketball courts.
. A Skate Park in Chula Vista. YMCA will fund the construction; need to provide the
land. (Ty Meservy, Chair of the Youth Commission, has information regarding
locations on the Bayfront and Industrial.)
.. Possibility of building different teen night clubs in different areas of the city.
(1995 YOUTH SUMMIT - YTHSUMM2.NOT - 04103/95]
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4. Other Suaaestions/lssues/Comments
. Community involvement.
. Industrial area is open (for building more facilities).
. Transportation (e.g., bus passes, or rides home).
MORE ACTIVITIES
Suaaestions/Plan of Action:
1. Offer PRYDE Proaram 5 davs a week. Need to raise more funding to expand program.
Attract more I!.ids and enroll them using fliers, calendars, etc. Advisors at YMCA.
Strengths: .*
.*
.*
.*
**
**
Weaknesses: .*
**
**
.*
.*
**
**
Helps community give youth something to do, other than sports.
Keeps kids away from drugs.
Makes you feel good to have something fun to do.
Homework help.
Attendance is optional.
Hours to open school up for other things.
Funding needed for staffing, equipment, transportation.
Volunteers.
Equipment.
Need a place to hold program.
Need to work with school.
(Lack of) transportation to events, and to go home after the event.
Need more transportation (e.g., vans).
2. More sDOrts at middle schools (e.g., tennis, golf, archery, basketball, football, etc.).
. Need to learn actual skills in order to play sports at the high school level.
. Need fundraisers/Booster Club to raise money to cover costs of equipment, coaching,
etc.
* Quality afterschool activities (e.g., intramurals) help to give youth opportunities toward
Mure.
. How to get it? Make presentations to School Board, assistant principals, ASB
advisors.
Strengths: ..
..
.*
.*
..
..
..
..
..
Builds confidence.
Preparation for high school.
Provides opportunities to continue playing in the off season.
Offers opportunities for the future.
Could use recreation centers.
Coaches could be volunteers who are qualified so they know their
stuff).
Sports keep youth away from drugs.
Could use money donated by businesses from clean-up/community
service activities.
Insurance.
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Weaknesses: ** Requires funding for equipment, coaches, etc.
** Requires permission from schools and school authorities.
** Limited space at schools and facilities.
** Parents might say no, their kids are too young.
** Safety risks, liability.
** (Lack of) transportation to facilities.
3. Citywide community service Droiects (e.g., graffiti paintouts, community clean-ups, helping
children, helping seniors, etc.).
. Need funding for supplies; can get through donations from businesses (can also use
donations for other events, programs, etc.).
. When to do projects, and how often? Weekends, once a month, throughout the year.
. Where? Where ever youth are needed, though preference would be to stay in Chula
Vista.
Strengths:
.. Free activities.
*.. Once a month/year.
** Location could be anywhere/variety of activities.
.. Gives kids something to do.
.. Cleans up community.
** Donations for service (from local businesses) can be used for other
programs.
Weaknesses:
.. Would need funding, if no one donated supplies, etc.
** Might get old quickly; risk of bumout.
.. Might not have transportation to get to an event. .
4. Other Activities/SDecialtv Thinas
. Future Farmers of America (FFA)/Equestrian Programs.
. Art Center/Performing Arts (e.g., drama, dance, drawing, painting, etc.).
. Coffee Shop/Bookstore (e.g, book readings).
. Special events (e.g., bike and car shows, art shows, talent shows, fashion shows,
fitness shows, etc.).
. Guest speakers for events (reality check, occupation).
Strengths: *. Gives youth something to do.
.* Provides year-round preparation for future jobs/leaming (e.g., animal
science).
.. Builds self-esteem.
*. Opportunities to share career ideas.
*. Uses volunteers.
Weaknesses: .* Requires funding for activities, transportation, supplies, organization,
etc.
.. Requires large areas at schools for some activities.
(1995 YOUTH SUMMIT - YTHSUMM2.NOT - 04I03195J
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TRANSPORTATION
Why is TRANSPORTATION a problem/issue?
. Youth under 16 years of age can't drive.
. Those who can drive legally don't have cars.
. Buses take too long; youth have to spend too much time on the bus.
. No rides to late night activities.
SuaaestionslPlan of Action:
1. Late Niaht Shuttle
. Keeps kids off the streets and out of unsafe cars.
. Charge fare of 75~/one way trip; honor bus pass; use fare transfer tickets as credit
towards admission to .CheckPoint"?
. Pick-up at home or designated pick-up/drop-off sites (e.g., 8:30/9:30/10:30) and
transport youth to late night events, CheckPoint, Teen Nights, etc. on Fridays and
Saturdays.
. Youth calls a phone number linked to a computer (voice automated).
. Gives information regarding date, time, etc. for pick-up/drop-off to dispatcher.
. Dispatcher forwards information to driver via computer.
. Use vehicles (e.g., vans) from Youth Coalition member agencies.
. Use buses from Chula Vista Transit/National City Transit/San Diego Transit.
. Recruit drivers - volunteers, paid employees, off-duty bus drivers, adults providing
community service hours.
. Advertise service and shuttle schedule in "South Bay Youth Chronicle" and on
CheckPoint fliers.
2. Daytime Shuttle
. Two types - shuttle service with an established route/schedule, and taxi.
. Transport youth to recreation centers, Boys & Girls Club, libraries, amusement centers,
etc.
. Pick-up points located at schools; schedule to start when school is dismissed and at
4:00 p.m.
. Drop-off points located at schools, youth's home, and other specified drop-off points;
estimated drop-off time of 7:00 p.m.
. Charge fare of up to $1.00, use bus pass, or 65~ school bus pass.
3. CarDools
. Coordinate parents who are willing to drive.
4. Teen Taxi
. Run by teens.
Survey kids at school to get additional input.
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Priorities:
1. In high schools and junior high schools - Opportunities to leam and develop job
preparation/independent living skills such as compiling a resume, filling out job
applications, etc. (There is a mobile van that offers this for Court Schools.)
2. Citvwide Youth Job Fair that is a bia event (with promotion - for example, recruit Rohr as
an event sponsor) to attract youth - provide music, food, etc. Work out a central location
for transportation.
3. Have more vocationaVtechnical classes in schools, or Tech Prep Schools. Work skills and
preparation should be a normal part of school.
4. Have a Job Outreach/Broker who goes to where the kids hang out (including schools,
youth newspaper, night club for youth), who can open doors for kids.
5. Enhance/expand entrepreneurial training programs like KidzBiz.
Other suaaestions/issues/comments:
o Create a central resource to list and identify all jobs youth would be eligible for.
o Solve the problem of what to do with youth who have legal records and want/need a
job.
o Educate youth/employers about the link between volunteering and getting a job.
o Get the business community involved.
o High school level job training.
o Job shadowing.
o Independent Living Skills course as part of school or after school.
o Need these types of prep courses when youth are younger (e.g., in middle/junior high
school).
o Intemships/"certification" in recreation programs (e.g., scorekeeping, coaching, etc.)
that would lead to jobs.
o Need better outreach to youth/schools to get into job prep programs, including Hire-A-
Youth, JTPA, etc. With Hire-A-Youth funding possibly threatened, what will youth do
for this summer?
o How do kids find out about all the available employment opportunities?
o Job mentors/Coalition.
o Job training for child care/babysitting/nannies - an "in demand" job.
11995 YOUTH sUMMrr . YTHSUMM2.NOT .04I03195J
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SCHOOLS/EDUCATION/LIBRARIES
Suaaestions/Plan of Action:
1. Schools/Education
. School Calendar/Flexibilitv: High School OPTIONS for grades 9-12 is client/learner
centered. In 1996, availability of flexible schedule will be publicized. The program
proposal will go to School Board in May 1995, and will require revisions in Board
policy.
Proposed Scheduled:
0/ 2 - 7 / 7:00 a.m. - 9:00 p.m.
1 :00 p.m. - 6:00 p.m. Evening High School (different from
Adult Education).
Concurrent enrollment.
Communication Targets: Parents, students, counselors, administrators.
Contact: Dr. Mary Anne Stro, ph. 691-5596 or 691-5564.
. Shortenina School Year: By law, School Districts are required to provide 180 days of
instruction.
Options:
Year-Round Calendar - 9 weeks on, 3 weeks off.
Schools in SUHSD currently on year-round schedule - Sweetwater
High School, EastLake High School, Montgomery High School,
National City Middle School, Montgomery Middle School.
1996-1997 - Coordinate year-round calendars between Elementary
and Secondary School Districts.
Traditional schedule.
. PartnershiDs/Collaboratives Between Hiah Schools/Middle Schools/Elementarv
Schools: Goals for 1995-96 include expanding existing orientation session for
incoming 7th and 9th grade students, and expanding collaboration with youth service
organizations and community organizations to provide services/materials for
orientation.
2. Libraries
. March 30. 1995: Held workshop for youth - "Teen Welcome Mat" at EastLake High
School. Discussion focused on how to fit in, how to reach students who do not
frequent libraries. Physical, technical, academic, and social needs identified.
Suggested surveying teens regarding their interests via "South Bay Youth Chronicle".
. Goals for 1995: .. Create small (computer) Local Area Networks (LAN).
.. PAC TELESIS Grant - Library to increase computer hardware,
especially for children.
.. InterNet capability will have all public libraries on-line by July
1995.
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. Goals for 1996: .. Explore possibility for book exchange with schools.
. Goals for 1997: .. Homework centers.
. Oncoinc Goals: .. "Current" defined through young adult advocate and constant
feedback by everyday clients.
*' Feedback Communication Box at library.
. Future 13-5 vears) Goals:
Linkage with classrooms, pilot in local schools,
SDSU, IHE.
HEALTH AND SAFETY ISSUES
. Place to go to get away from emotional and physical abuse.
. Shelters for teen mothers and pregnant teens.
. Day care room for babies of students.
. Try new approaches to provide more sex education, including parenting classes.
. Counseling services.
. Identify available services.
. How to communicate.
. Services for kids.
. Metal detectors.
. Include information in school newspapers.
[1995 YOUTH SUMMIT - YTHSUMM2.NOT - 04I03195J
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A2 Tht S..,.N,.... Saturday.Sunday. Man:h 11.12. 1995 A TT ACHMENT C
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Third youth summit lets
teens meet with leaders
ByTom DouCberty
8&&ft'Wrikr
CHULA VISTA - Children,
the old adage once went. should
be leen and. not heard. Chula
Vista Human Resource. Coor.
dinator Sharon Morioka would
like to put that nolion to !'e.t.
Morioka i. working to live
teen-agen a chance to voice their
hopes for the future or their city,
through a serie. ofmeetinp with
the people who make thing. hap-
pen here. Youth Summit '96 j.
the third of the urie. that. w..
initiated by then-Mayor Tim
Nader. in 1992. to give voice to
the city', young people.
The an.day ",ummit" was re-
peated in 1993. and led to the de.
y
velopment of the Check Point
tun nightclub on Broadway. The
club wa. .tarted to give teen. a
..re, alcohol.free. place to meet
and socialize.
Open Thunday through Sun-
day. the Check Point bal been a
auoce.., .Uncans from 150 to
200 teen-agen nishtly who come
to liaten to live 01' recorded music,
d.ance and talk, It .lea _!'Yea ..
the office ror Kidz Biz.. youth en.
trepreneur proS1'am. .nd a youth
new.paper that i. expected to 10
intoprint~n,
No .ummit w.. held in 1994.
~ving the city. chance to imple-
ment .uSge.tion. made the year
before, but Morioka i. working
hln! to make.ure this year'. edi-
;fIr);!
tion i. biner and better.
"After the 1993 lummit. what
kids had to aay ..u atill fresh in
the mind. orthe mayor and coun-
cil: Morioka .ay...
The Connat for thi. year'.
awnmit will be buically the ..me
.. it wa. two years aso, with 10.
to U-member -roeus group.- (or.
med from the Chul. Vista Youth
eoalition. They inc:1ude ROP, Boy
Seoua, C.mpus Life, San Diego
County "-H, Chula Vi.ta High
School, Teen Cri.l.Line, Chula
Vi.ta Elementary School Di,trict.
the Union orPan-Alian Commun.
ities, South Bay Family YMCA,
American Red Croll, Chula Vi.ta
Public Library and MAAC
Project.
The key, to Morioka. i. diveni.
ty.
"We want to draw in kids who,
for the mOlt part, wouldn't be in.
volved,- Morioka aay'.
Organiution for Youth Sum-
mit '95 began in October when
Morioka invited young people to
.tart planning. She 18)" the 1993
aummit wa. pulled together in a
hurry and that .he would like to
take more time thi. year.
One change wa. an expanded
list of policy makers to be in.
cluded in the lummit, .uch .. the
Chula Vi.ta city manager. .choo1
.uperintendents. police chief. the
Chamber of Commerce, the
Downtown BUline.. A..oc:iation
and other civic groupt.
Foc\ll group. .tarted meeting
in December. in order to get TIlady
for the real meetinr-. which take
place thi. month. A practice ...-
.ion took place Wedne.day at the
Ea.tLake Library, The fiT.t ac-
tual Youth Summit meeting win
be held from 5:30 to 7 p.m..W"d.
nesday. March 15. at the Ea.t-
Lake Library. 1120 Ea.tlAke
Parkway, and a follow-up ...ion
i. .lated for 5:30 p,m., Wednes-
day, March 29, at the Chula Vi,ta
Public Library. 365 F St.
All youn, people are encour-
apd to attend. Parenti are in-
vi~d to come and Ii.ten. Morioka
'.Y', but not to debate the teen"
'Ulp.tion..
-We don't want the adult1 to
takeover.-
The tint meetins will be a
brain..tonnin, ....ion. between
teen. and the city's policy
maken.
-I hope they"ll "alize that it',
OK to dream and come up with
far-fetched ide......Moriok. U)".
Partic:ipantl at the second ae..
.ion will try to find wa>" to im-
plement the ide.. IJ'.!nerated at
the openin, meetin" About 150
to 200 youn, people a" expected
to participate.
"'I'm reany excited; Morioka
,'y'. "'I'm looking forward to
whillt thia group or kid. will have
to IIY"
CHULA VISTA YOUTH SUMMIT
CALL TO ACTION
. Address the student's perception that schools do not face
the problems of violence and drugs on campus. There
was agreement that denial of the problem needs to be ad-
dressed and eliminated. Awareness and understanding of
policies at all levels should be improved. Suggested solu-
tions included developing a clear "zero tolerance" mes-
sage for endorsement by policymakers.
. Using empty or abandoned buildings for programs and
activities, such as a drop-in teen center, another teen night
club, teen fitness center, or a center where youth-serving
agencies could offer needed services (e.g., counseling,
tutoring, etc.).
. Establishing "skate parks" as part of new developer/com-
mercial projects where skateboarders, roller bladers, and
bike riders can go without breaking the law and/or en-
dangering themselves or the general public.
. Partnering with the local Elementary and High School
Districts to share space in new schools for the purposes
of offering after school recreation programs and activi-
ties operated by youth-serving agencies (including the
Parks and Recreation Department).
For more information on the Chula Vista Youth Summit, the Chula
Vista Youth Action Program, Youth Survey, and lor the Chula Vista
Youth Coalition, please call the Chula Vista Park and Recreation De-
partment at (610) 691-5071.
1995 Youth Summit
~ ,;2.'/
CHULA VISTA YOUTH SUMMIT
CALL TO ACTION
The recommendations presented by the city's youth for improving programs
and services are fairly simple: provide more programs and facilities where
youth can go to participate in safe, secure, supervised activities; offer more
affordable and accessible transportation options; provide more opportuni-
ties for employment training, including volunteer and community service;
offer more health and social services to youth, including counseling; and
provide a more enriching, challenging, and supportive learning environment
in the schools that better prepares young people for college, a career, and a
productive life.
In order to begin addressing the needs/issues raised during the 1995 Youth
Summit, and continue to address unmet needs identified in previous Youth
Summits, the Parks and Recreation Department and the Youth Coalition
should be permitted to continue their pursuit of creative and innovative pro-
gram and activities. These responses could be in the form of:
. Continuing to work toward an improved method for advising
and training area youth on career skills and employment op-
portunities. Suggested activities could include job fairs, and
a resource directory.
. Continuing to provide activities that will enhance the com-
munication and relations between police and youth. Suggested
solutions included providing ongoing/mandatory education
for law enforcement officers regarding cultural and trend dif-
ferences related to youth.
1995 Youth Summit
L/j;-J. _S
PROCLAIMING FRIDAY, OCTOBER 27, 1995 AS
CHULA VISTA NEIGHBORHOOD TELECENTER DAY
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, telecommuting is recognized as a cutting-edge approach to more
effective human and telecommunication resources; and
WHEREAS, telecommuting is defined as "virtual transportation" by moving
information to the worker rather than moving workers to the information; and
WHEREAS, more employers are recognizing telecommuting as a viable work
option and clean air alternative; and
WHEREAS, the City of Chula Vista supports ongoing research in the area of
alternative work options which decrease commute problems such as gridlock,
congestion, smog and human stress; and
WHEREAS, the Neighborhood T eleCenters Program will demonstrate the viability
of neighborhood telecenters as a work option of the future; and
WHEREAS, Neighborhood TeleCenters Program has received the endorsement
and support of employers and residents throughout Chula Vista and San Diego County:
NOW, THEREFORE, I, SHIRLEY HORTON, Mayor of the City of Chula Vista,
California, do hereby proclaim Friday, October 27, 1995 as CHULA VISTA
NEIGHBORHOOD TELECENTER DAY in the City of Chula Vista, California.
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CllY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
October 18, 1995
From:
The Honorable Mayor and City cou~
Bruce M. Boogaard, City AttorneyJ~
Report Regarding Actions Taken in Closed Session
for the Meeting of 10/17/95
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 10/17/95 which are
required under the Brown Act to be reported.
BMB:cap
C:\lt\clossess.no
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276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5037
,:]
OFFICE OF THE PRINCIPAL
44 East ")" Street
Chula Vista. CA 91910-61 %
(619) 691-5630
FAX (619) 585-3576
HILLTOP MIDDLE SCHOOL
[0) ~ @ ~ 0 Wi ~ ~:
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COUNCIL OFFICES
CHULA VISTA CA
October 4, 1995
Dear Mayor Horton and Members of the City Council:
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Honorable Shirley Horton
Mayor of the City of Chula Vista
and Members of the City Council
276 Fourth Avenue
Chula Vista, CA 91910
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I am writing this letter to express concerns that I have regarding
the traffic situation as well as parking conditions adjacent to
Hilltop Middle School.
Of primary concern is the parking, or lack thereof, for our
parents as they pick up and drop off their students. We are a
school of approximately 1200 students and from the best estimate
we can make, there are approximately 20 viable parking spaces
adjacent to our site that are available to parents waiting to pick
up their children. The use of staff parking lots is not feasible
due to the arrival and departure of school buses.
Therefore, many students must cross Hilltop Drive
Street to meet their waiting parents, creating a
safety hazard. Also, recent removal of the crosswalks
Street has created another peril for crossing students.
or East "J"
significant
on East "J"
Another concern that I have is the lack of a left turn signal at
the intersection of Hilltop Drive and East "JH Street. Due to the
lack of this signal, parents often complain to our staff members
for having to wait through many light changes just to drop off
their student (s) .
We are requesting that your traffic engineering department study
the conditions outside our school and make any recommendations to
help alleviate this problem.
If you have questions or concerns, please do not hesitate to
contact me or Nancy Linen, Principal.
Wes Braddock
Assistant Prine
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Commitment to 'El(ce{[elu:e: 'TogetMr we maf(g tM difference
J"afcon Spirit. J"arcon Priae
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SWEETWATER ADULT SCHOOL
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SWEETWATER UNION HIGH SCHOOL DISTRICT
DIVISION OF ADULT & CONTINUING EDUCATION
Office of the Principal
2800 Highland Avenue
National City, CA 91950-7496
(619) 691-5725
Beverly Authelet, City Clerk
City of Chula Vista
276 Fourth Avenue
Chura Vista, CA 91910
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October 9, 1995
RE: ECONOMIC DEVELOPMENT COMMISSION
Dear Ms. Authelet:
This correspondence will serve as my official notification that I must
terminate my service as Commissioner of Economic Development.
I have found this experience to be interesting and beneficial. Demands on my
schedule, however, pull me in too many directions at once and I feel that I am
unable to serve to my satisfaction. My preference is to step down rather than
find myself unable to attend meetings because of schedule conflicts-which I am
unable to prevent.
I sincerely appreciate the opportunity I was given to serve.
Sincerely,
11-- (-rr)
Liz Lebron
Principal
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WRlnEt~ CO lAM . 'i~~~C';'~ ~ ~~iJ~~
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c: Shirley Horton, Mayor
Curtis Valenzuela, Economic
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Development Staff
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
I.-
M...,., D:o:,yi '%05'
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Ordinance .2. /,5/ Amending Chapter 2.66 - pa~~~&-lPacility Rules
Director of Parks and Rrej~tion'7tl1V ,,<-&<:)\~0
City Manager,-,' ~ ~tli:JI\ C;O~<:) (4/5th Vote: Yes _ No X)
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SUBMITTED BY:
REVIEWED BY:
The City of Chula Vista Municipal Code Chapter 2.66, which governs the rules and regulations for use
of city parks and facilities, has not been substantially changed since 1974. The Department has
undertaken the task of reviewing this Chapter and is proposing various amendments to the sections
therein. The intent of the proposed amendments to the Chapter is an administrative "house cleaning"
procedure to create rules which are more applicable to situations encountered in the parks and
facilities. The Department has worked with the City Attorney's Office to create a proposed Chapter
which reflects the required rules and regulations for park use enforcement. The Department is
proposing six new rules, the deletion of one, and minor modifications to several rules.
STAFF RECOMMENDATION: That the City Council adopt the amendments recommended to the
Park and Facility Rules in Chapter 2.66.
PARKS AND RECREATION COMMISSION RECOMMENDATION: At the September 21, 1995
meeting, the Parks and Recreation Commission unanimously voted to support (7-0) the proposed
amendments to the Park and Facility Rules in Chapter 2.66.
DISCUSSION: Since 1974, only minor amendments have been made to Chapter 2.66 of the Chula
Vista Municipal Code Park and Facility Rules. In 1986, the following new rules were created:
1. 2.66.035 - Glass container and beer kegs prohibited
2. 2.66.043 - Alcoholic beverage consumption and possession restrictions on public park properties
3. 2.66.185 - Amplified noise
4. 2.66.270 - Activities prohibited during certain nighttime hours
5. 2.66.310 - Group Use - Rules and Regulations
Each of the above rules were created to meet an existing need at the parks to provide the necessary
constraints for the safety, welfare and enjoyment of the city parks for all.
With the passing of time, the Department has encountered certain troublesome or unpleasant activities
that infringe on the public's right to enjoy an outing at park and recreation facilities. Therefore, the
following new rules, and minor modifications to old rules, are proposed:
[NETWORK. All3 . ParkRuleAl1 . October 12, 1995]
1 .
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Item: ,))-
Meeting Date: 10/17/95
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I. 2.66.010 - Purpose and intent of provisions. Add to end of paragraph: To further this purpose
and intent. the Director of Parks and Recreation is authorized to both promul!!ate reasonable
rules and rel!Ulations and post sirna!!e as mav be necessary and appropriate to carry out the
provisions of this Chapter 2.66 of this Code. (Revised)
Justification: This language authorizes the Parks and Recreation Director to administratively
carry out the provisions of the park and facility rules code section.
II. 2.66.015 - Definitions. This new sections adds definitions of terms and language used
throughout the Code section. The new definitions are "alcoholic beverage, "Park" or "City
Park," "The Director of Parks and Recreation," and "Recreation Area." (New)
III. 2.66.020 - Applicability to specific actions. (Revised)
These changes delete extraneous language.
IV. 2.66.030 - Gambling and gaming prohibited. These changes delete specific descriptive language
and add a general statement for ease of interpretation.
V. 2.66.035 - Glass containers and beer kegs prohibited - exceptions. (Revised)
These changes add stronger definitive and enforcement language.
-..
VI. 2.66.040 - Sale or servin!! of iatellisatiagalcoholic beverages in recreation buildings prohibited.
(Revised)
This change requires the issuance of special permits for use of alcoholic beverages at stated
recreation facilities.
VII. 2.66.043 - Alcoholic beverage consumption and possession restrictions on public park properties.
(Revised)
It is HRlw::t:u1 fflr aay p@TseR t9 G0RS\lRl@ aT }9ass@ss a~' aleehGlis B@":erag@ (as
seBRee ia tRe Califeraia B1asiR@SS aHa Pre~ssieRal CSG@, ~eGtieR 23994), is Hilltep
Park est\":@@R tR@ alnus af 9:09 fJ.FR. t8 ::99 a.Rl. d\:lriag tR@ RloRtks af ..A.flTH tlu01::lgh
Ost()b@r, Elf duriag tl::18 hG\:lFS af 7:99 fJ.RI. t8 7:Qg a.m. QQriag tA@ meatks af Nev@mBef
tRf0YgR ~4:arGh.
A. It is unlawful to consume or possess an alcoholic bevera!!e within anv City park
durin!! the hours of closure established bv Section 2.66.270 of this Code.
B. It is unlawful to consume or possess an alcoholic bevera!!e at anv time within
anv of the City parks or parts thereof or upon anv public street. sidewalk. plaza.
parkin!! lot or rest room contil!Uous to or immediately adioinin!! the territorial
-.,
[NElWORK - Al13 - PlrkRule.A13 - October 12, 1995J
2
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Item: ~
Meeting Date: 10/17/95
boundarv of those parks or parts thereof when posted with signs prohibitine:
drinkin!!. The Council mav. bv resolution. direct the posting of such signs.
Justification: The prohibition on alcohol beverage consumption at Hilltop Park was instituted
in 1992 to address a problem. The Department is proposing that a change in ordinance be put
in place to allow Council to post prohibition signs upon Department's recommendation to curb
drinking problems in all parks. In the past six months, the Police Department has received 33
Calls For Service (CFS) at Rienstra Fields. Six of the CFS were for drinking.
VIII. 2.66.045 - Open alcoholic beverage containers prohibited in park's parking lots or public
roadways. (New)
It is unlawful to possess or consume an alcoholic beverae:e within. or have or possess any
bottle. can or other receptacle containine: an alcoholic beverae:e which has been opened.
the seal broken. or the contents of which have been partiallv removed. upon anv public
street. sidewalk. parkwav or parkin!! lot within or immediatelv adioinine: a City park or
recreation center.
Justification: The Department has received numerous complaints by adjacent residences at
Discovery Park regarding players drinking beer, and noise late after games. Staff has
encountered increased alcoholic consumption in parking lots by adult softball players prior to
and after games at softball facilities. Sometimes this impacts staffs ability to secure parks in
the evening hours. The Police Department received 14 CFS's in past six months. Four of the
CFS's were for late night noise.
IX.
2.66.050 - Toilet and rest room use restrictions. (Revised)
By stating that when appropriate signage is present, rest rooms are designated for same gender
only.
X. 2.66.060 - DistribHtisR sr Posting of handbills and other papers prohibited. (Revised)
Deletes existing language and add language which more clearly defines the policy of handbills.
XI. 2.66.070 - Sale or solicitation for sale of merchandise. food and beverae:e prohibited -
exceptions. (Revised)
Add language for better definition of intent of section.
XII.
2.66.075 - Vending vehicles parking and stopping regulations. (New)
Except pursuant to a permit issued bv the Director of Parks and Recreation or except
for emer!!encv repairs. it is unlawful to stop or park a food vendin!! vehicle or other
vehicles within a City park or parkin!! lot adioinin!! a recreation center or upon a public
street immediatelv adiacent to a City park for the purpose of. or to sell. l!ive awav.
[NE1WORK. All3 . ParkRule.A13 . October 12. 1995]
3
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Item: :l,2...
Meeting Date: 10/17/95
--.
display or offer for sale any food or bevera!!e product from that vehicle. Any vehicle
stopped for emer!!encv repairs shall not sell. !!ive away. display or offer for sale any food
or bevera!!e product.
Justification: Vendors at parks have become a nuisance. They generally double park along
sidewalks, park illegally in parks, litter the park with product papers, and they create a safety
nuisance by attracting small children to run in the streets or parking lots and be exposed to
vehicular traffic.
XUI. 2.66.080 - Injuring or defacing structures or monuments. or di!!!!ing or removing vegetation,
strHctlirBS sr IRSIHlffiBHts prohibited. (Revised)
Deletes existing language and adds new language to better define the authorization process of
making changes to vegetation. Also adds language pertaining to graffiti.
XIV. 2.66.090 - Littering prohibited. (Revised)
Deletes existing language and add a reference to enforcement of this topic by a penal code
section.
XV. 2.66.100 - 2.66.150 - (Various revisions) These revisions are recommended for clarifying
language.
--.
XVI. 2.66.180 - Operation of model airplanes and certain other vehicles prohibited where. (Revised)
Language changes allow for permitting process for use of model airplanes, etc.
XVII. 2.66.181 - Archery and Golf Prohibited - This type of practice is occurring more frequently.
When no one is in the park, there is not a problem. (New)
XVIU. 2.66.185 - Deletes existing language and proposes language which will determine the limit of
amplified noise for enforcement purposes as requested by Police Department. (Revised)
XIX. 2.66.190 - 2.66.310 - Revision of general sections to provide for clearer definition of purpose
and enforcement.
XX. 2.66.320 - Issuance of park permits. (New)
Although some sections allow for permitting as an approval process for certain uses, this section
defines conditions, if met, allow for denial of a permit for park use.
XXI. 2.66.330 - Enforcement - There is an enforcement provision in Section 1.20 of the Code,
applicable for all City ordinances. (New)
Violations of this Chapter 2.66 are punishable pursuant to Chapter 1.20 of this Code.
--.
[NETWORK - AU3 - ParkRule.A13 - October 12. 1995]
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Item: ,2.2..
Meeting Date: 10/17/95
FISCAL IMPACf: No additional personnel other than the Department's Park Rangers and the Police
Department patrol the parks to enforce rules and regulations. A potential revenue source exists if the
Department designates certain parks for special commercial ventures i.e., pony rides, astro-jumps etc.
and grants concession rights for vending vehicles.
[NETWORK. Al13. ParkRule.A13. October 12. 1995]
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THIS PAGE BLANK
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ORDINANCE NO. 2651 >\{:>~
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AN ORDINANCE OF THE CITY COUNCil OF TJ-I~t1TY OF
CHUlA VISTA AMENDING CHAPTER 2.66,,~"~HE CHUlA
VISTA MUNICIPAL CODE RELATING TO P~ AND FACiliTY
RULES .,:,.\l
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SECTION I: That Chapter 2.66 of the Chula Vista Municipal Code is hereby amended
to read as follows: '
Sections:
2.66.010
2.66.015
2.66.020
2.66.030
2.66 035
2.66.040
2.66.043
2.66.045
2.66.050
2.66.060
2.66.070
2.66.075
2.66.080
2.66.090
2.66.100
2.66.110
2.66.120
2.66.130
2.66.140
2.66.150
2.66.160
2.66.170
2.66.180
2.66.181
2.66 180~
2.66.190
2.66.200
Chapter 2.66
PARK AND FACILITY RULES.'
Purpose and intent of provisions.
Definitions.
Applicability to specific actions.
Gambling and gaming prohibited.
Glass containers and beer kegs prohibited - exceotions.
Sale or servino of alcoholic iRtellieetiRg beverages In recreation buildinos
prohibited.
Alcoholic beverage consumption and possession restrictions on public
park properties.
Ooen Alcoholic beveraoe containers orohiblted in oarkina lots or oublic
wavs.
Toilet and rest room use restrictions.
~ietriB\:ItieR er Posting of handbills and other papers prohibited.
Sale or solicitation for sale of merchandise. food and beveraae prohibited
. exceptions.
Vendina vehicles - oarklna and stoooina reoulations.
InjuringT21 defacing er reme'/iRg vegetetieR, structures or monuments Jll
diaolno or removlna veoetation prohibited.
Littering prohibited.
HiteAiRg ef Aerses er I3farking of vehicles prohibited .....Aere.
Cleaning or repairing of vehicles prohibited.
A\:ItemeBile Vehicle speed limited.
Anlmals.livesteeh eRd fewl prohibited - exceptions.
Fires prohibited. exceptions.
Tampering with equipment, tools or materials prohibited.
Birds and animals-Catching, wounding or killing prohibited.
Birds and animals-Poisoning prohibited.
Operation of model airplanes and certain other vehicles prohibited
.,:I=tere.
Archerv and aolf reaulated.
Amplified Noise.
Disturbing of meetings and other gatherings prohibited.
Discharge of fireworks and firearms prohibited.
(p~/
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2.66.210
2.66.229
2.66.230
2.66.240
2.66.250
2.66 260
2.66.270
2.66.280
2.66.290
2.66.300
2.66.310
2.66.320
2.66.330
8athing, fishina in or polluting certain waters prohibited.
IRBeeeAt at threateRiAg eSAdl:Jet prehit:Jitee.
Shows, lectures. aames of amusement. and other exhibitions prohibited
wMfl.
Games of oraanized sport IlrehibiteEl ElIeelltieRsrestricted.
Riding bl.:ycles, motorcycles. roller bladina. roller skatina. skateboardina
at ether vekieles prohibited where.
Camping and other overnight activities prohibited ElIeelltieRs.
Activities prohibited during certain nighttime hours - exceptions.
Obstructing er aRRel.jRIl vehicular efAlld pedestrian traffic prohibited.
Carrying of arms and waapons prohibited - exceptions.
Weapons In violation of Section 2.66.290 deemed nuisanca confiscation
and destruction authority.
Group use - rules and regulations.
Issuance of Dark cermits.
Enforcement.
2.66.010
Purpose and Intent of provisions.
.
It is the purpose of the City Council. in establishing rules and regulations governing the use
of park and recreational areas in the City. to insure the public in general, and the inhabitants
of this community in particular, full and equal rights to the use and enjoyment of said public
facilities without regard to the status or condition of the users of the facilities. It is
recognized that society generally, and the inhabitants of any community have a right to have .
publicly-owned premises maintained in a sanitary and orderly condition. Further, the City ~,
Council recognizes the rights of individuals to speak, write and freely disseminate their views
and to make full use of public facilities so long as said rights are exercised in the manner
which is not inconsistent with the rights of others and violative of said rights. It is the intent
of the City Council, being aware that no rights are absolute, to regulate and prohibit certain
activities in public parks and other places of public recreation within the City, in the interest
of protecting the enjoyment and safety of the public in the use of the facilities. To further this
curcose and intent. the Director of Parks and Recreation and City Council is authorized to both
cromulaate reasonable rules and reaulations and oost sianaae as may be necessary and
acorooriate to carry out the orovisions of this Chaoter 2.66 of this Code.
2.66.015
Definitions.
Within Chacter 2.66 of this code. the followina definitions acclv:
A. "Alcoholic beveraaell means anv beveraae as defined bv Business and Professions
Code Section 23004. and includes beer. wine. whiskey. ain or similar beveraae
containina more than one-half of one cercent of alcohol bv volume.
"Park" or "Citv Park" means the land and easements owned or leased bv the City of
Chula Vista which. bv ordinance. resolution. reaulation or aareement is dedicated to
or ocerated bv the City for curooses of soorts and cublic recreation. The term shall
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include the buildinas. parkina lots. streets and sidewalks within the territorial
boundaries establishina the park.
b "The Director of Parks and Recreation" means the Director of Parks and Recreation or
desianee.
!1. "Recreation Facilitv" or "Recreation Center" means a buildina and the appurtenant land
owned. leased or operated bv the City of Chula Vista for the purpose of sports and
public recreation activities. and includes a parkina lot servina the buildina and any
contiauous sidewalks. Althouah a recreation center or recreation facilitv may be
located within a City park. it is a separate and distinct term for purposes of Chapter
2.66.
f,. "Recreation Area" means a City park. as defined in this section.
E. "Recreation Trail" means a path or way located within a City park. or within open
space within the City of Chula Vista that bv ordinance. resolution. reaulation or
aareement is dedicated to or operated bv the City of Chula Vista for purposes of
recreational hikina and ridina.
2.66.020
Applicability to specific actions.
It is declares unlawful for any person either as employer, employee, principal or agent to do
any ofthe acts hereinafter in Seetions 2.6EL020 through 2.66.290 Chapter 2.66 of this Code
specified within the exterior boundary lines of any park or recreation area in the City.
2.66.030
Gambling and gaming prohibited.
It is unlawful te maiRtain or e)(hibit any gambliRg table or other instrument of gambling er
!lamin!j, or te flartieiflate or play or wager er bet in an'" game './\IhieR is fllayed, eenduetes,
dealt er earried OR with eards. diee. or other deviee, or with mane.... ehifls, sRells, eredit or
otAer rewesentative of value. Gamblina and aamina is prohibited pursuant to the provisions
of Penal Code Section 330 and 330A.
2.66.035
Glass containers and beer kegs prohibited - excePtions.
All !jlass oeRtainers and Beor ke!js are flrohibited froA'! City flarks.
A. It is unlawful to possess a alass container in any City park.
B. It is unlawful to possess a beer kea or any similar sinale container capable of
containina or containina more than one aallon of beer classified as an alcoholic
beveraae within any City park or recreation center.
C. Except where expresslv permitted under the terms of a lease. operatina aareement or
permit issued bv the Director of Parks and Recreation. it is unlawful to possess a 01 ass
container within any recreation center.
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2.66.040
Sale or servina of intexioatingalcoholic beverages in recreation buildinas
prohibited.
The sale af intElJdeatiAg severa!:)es is unlawful. Far the purpase of this section, tRe words
"intElJdeating bevera!:)e" shall be censtrued to mean and sholl inolude any beer, wine, ','"hiskey,
gin ar any ather beverage oantaining more than ono half of one percent alcohol by volume.
A. Exceot as authorized in Section 2.66.040(81. it is unlawful to sell or serve any
alcoholic beveraae at any recreation center.
.!2.,. Alcoholic beveraaes may be served oursuant to a special permit issued bv the Director
of Parks and Recreation at the followina recreation centers: Chula Vista Women's
Club and Rohr Manor.
2.66.043
Alcoholic beverage consumption and possession restrictions on public park
properties.
It is l,lRlawful for aR'{ persaR to oonsuA'lO er possoss ony alcoholie bevera!:)e (as definod in the
California 8l,lsiness and Professional Codo, eeetion 2300~), in Hilltop Park between the hours
af 9:00 p.m. te 7:00 a.ffi, sLlriRg the months of ^~ril through Ootobor, or during tRe Rel,lrS
ef 7:00 p.m. ta 7:00 a.m. durin!:) tho months of NO'Jombor throu!:)h Maroh.
A. It is unlawful to consume or possess an alcoholic beveraae within any City park durina
the hours of closure established by Section 2.66.270 of this Code.
.!2.,. It is unlawful to consume or possess an alcoholic beveraae at any time within any of
the City oarks or parts thereof or upon any public street. sidewalk. plaza. parkina lot
or rest room contiauous to or immediately adioinina the territorial boundary of those
* oarks or parts thereof when posted with sians prohibitina drinkina.'Any sians posted)
( ursuant to this Section must be osted under the authorit of a cit councIl resolution
u In the ouncl ar or Ion ereo was ex eriencin
moP/ems Wltn the publIC'S consumptIon ot alCOhOl.
2.66.045
Ooen alcoholic beveraae containers prohibited in parI<' s parkina lots or public
ways.
It is unlawful to possess or consume an alcoholic beveraae within. or have or possess any
bottle. can or other receptacle containina an alcoholic beveraae which has been opened. the
seal broken. or the contents of which have been partially removed. upon any public street.
sidewall<. oarkway or oarkina lot within or immediatelv adioinina a City oark or recreation
center.
2.66.050
Toilet and rest room use restrictions.
It is unlawful for any male person over eight years of age to enter or use any toilets or rest
rooms desianated by sianaae for women or for any temale persons over eight years of age
to enter or use any toilets or rest rooms desianated by sianaae for men in a public park.
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2.66.060
Distribution or Posting of handbills and other papers prohibited.
It is \,JRlawflll to distribute, eireulate, ~ gi'/e away, thrower deposit in or on any of the
l3arl(s ar I3lazas any hanElbills, eireulars, paml3hlets, traots, dedgers, paflers or advertisoments;
ar ta l3ast ar affer ar affiJ( ta any troe, fenoe or struoture situated within any sueh park or
fllaza any handbills, oiroulars, flaFRphlets, tracts, dodgers, flapors or advertisements.
A. Except as authorized in Section 2.66.060(8)' it is unlawful to post within any City park
or recreation center or to post or affix upon any tree. fence or structure or buildina
located within any City park or recreation center any handbills, circulars. pamphlets.
tracts. dodaers, papers or advertisements.
];l With the permission of the Director of Parks and Recreation, announcements may be
posted upon community service bulletin boards located within recreation centers.
2,66.070
Sale or solicitation for sale of merchandise, food and beveraae prohibited -
exceptions.
Except as authorized bv a permit issued bv the Director of Parks and Recreation, it is unlawful
to sell or offer for sale any merchandise, article, food, or beveraae or any obiect~
whatsoever, or to practice, carry on, conduct or solicit for any trade. occupation, business or
profession, within any City park or recreation centerOJ(Qept by permit of tho eity, ar to
I3raetiee, earry eR, eenauet or selieit for any trade, ooouflation, business or professisn without
the written eaRsent of the direoter ef parks and reoreatien.
2.66.075
Vendina vehicles - parkina and stoppina reaulations.
Except pursuant te a permit issued bv the Director of Parks and Recreation or except for
emerqencv repairs. it is unlawful to stop or park a food vendinq vehicle or other vehicles
within a City park er parkinq lot adioininq a recreatien center or upon a public street
immediatelv adiacent to a City park for the purpese of. or to sell. aive away. displav or offer
for sale any food or beveraae product from that vehicle. Anv vehicle stepped for emerqencv
repairs shall not sell, qive away. displav er offer for sale any food or beveraqe product.
2.66.080
Injuring ordefacing structures or monuments, or diaaina or removing vegetation.,
str1l6tllres or FRon\,JR'lents prohibited.
It is llnlawflll to ellt, break, injure, defaoe er Elisturb any tree, shrub, fllant, roel(, building,
feRee, eeRsh, table er other struotures, apflaratus or proflerty; or to pluol(, pull up, eut, tal<e
or remove any shrub, bush, plant er flower; or to mark or write upon, paint or 8eface iA aAY
manner, any building, monumont, fenee, bonch or other structure.
A. Except when authorized bv the City Manaaer or Director of Parks and Recreation. it is
unlawful to diq up veqetation or dia within any City park or recreation center or
recreation area.
];l
Except when authorized bv the City Manaqer or Director of Parks and Recreation, it is
unlawful to cut. break, iniure, deface or disturb any tree, shrub, plant or other
veaetation. rock, buildina, fence, bench, table or other structure, apparatus or property
within any City park, recreation center or recreation area.
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~ Except when authorized bv the Citv Manacer or Director of Parks and Recreation. it is
unlawful to mark or write upon. paint or deface in anv manner anv tree. rock. buildinc.
monument. fence. bench or other structure within a Citv park. recreation center or
recreation area. or to attach a decoration of anv sort to anv structure in or at anv Citv
park or recreation center.
2.66.090
Littering prohibited.
A. It is "lAla'Nfloll te tArov.'. leavo, or deposit any bottles, tin cans, broken €Jlass, papor
rubbish, rofuso ar waste material of any kind in any place e)(oept in containors far suo A
I3Url3aSes maintained by tAO eity.
B. It is unlawful to havo, l30ssess or use any eup, tumblor, jar or eontainor mado of glass
aReI used for earryin€J or containing an', liquid for drinkin€J purl3oses, Q)(Qopt in looations
where sueh eentainors me permittod under the terms of a lease, operating agreement
ar l3ormit. Litterinc in a Citv park. recreation area or recreation center is prohibited
pursuant to Penal Code Section 374.4.
2.66.100
HitehiAg af l1arses ar I3farking of vehicles prohibited ......here.
It is unlawful to leave er hiteA any horse, or leave or park any automobile, motorcycle or other
self-driven vehicle on any park. recreation trail or plaza property, excepting at such place or
places as are provided for and designated as places for the leaving or hitching of horses er fer
tho loaviR€J or parking of automobiles, motorcycles or other self-driven vehicles.
2.66.110
Cleaning or repairing of vehicles prohibited.
It is unlawful to clean, wash or polish, or to make other than emergency repairs upon any
automobile, motorcycle or self-driven vehicle within anv Citv park or at anv recreation center.
2.66.120
Alltamabile Vehicle speed limited.
It is unlawful to drive an automobile, motorcycle, or other self drivon propelled vehicle ~
an'l l3ark ar plaza proportydefined in the Vehicle Code within anv Citv park at a speed in
excess of fifteen miles per hour.
2.66.130
Animals, Ii\'estael( aRd fa....'1 prohibited - exceptions.
It is unlawful ta brin€J, loavo, turn 10050 ar alia'^, to €JO any horso, cow, 0)(, shoep, goat, ass,
swiRe, elag er fa.....1 of any kind in or ul3an sueh park or plaza; provided however, that this
sootieR shall Rot al3l3ly to da€Js or horsos which arc in special areas of parks designated and
posted by tho direoter ef l3arks and reereatien. for such purposes, and so long as the
regulations of the director of parks and reereation with respect to the use of such areas are
oeml3lied with.
A. Except as provided in subsection B or C. it is unlawful to ride. brinc. leave. turn loose
or allow anv animal to be within anv Citv park. recreation trail or recreation center.
!1.
Except durinc a doc show or exhibition authorized bv the Director of Parks and
Recreation. it is unlawful to brinc or allow a doc to be within anv Citv park. recreation
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center or recreation area. unless the doa is restrained bv a chain. line or leash not to
exceed six feet and is in the custodv and control of some competent person.
s;;." Subsection A shall not applv to doas or horses which are in special areas of parks or
on trails desianated and posted bv the Director of Parks and Recreation for such
purposes. provided reaulations for the use of the desianated area are complied with.
Subsection A shall not applv to a seeina-eve doa or other service animal assistina a
person with a disabilitv.
2.66.140
Fires prohibited - exceptions.
It is unlawful to make or kindle any~ fire except in picnic stoves. fire-rinas or fireplaces
provided for that purpose, except by permission in writing from the Director of Parks and
Recreation.
2.66.150
Tampering with equipment, tools or materials prohibited.
It is unlawful to open or close any valves or switches pertaining to the water~ or electric
service or to move or remove from one location to another or destroy any equipment, tools,
implements or materials used by the Parks and Recreation Department, provided however,
that this section shall not apply to any employee or contractor of the Parks and Recreation
Department while in the performance of his duties.
2.66.160
Birds and animals-Catching, wounding or killing prohibited.
It is unlawful to wound, kill or catch or to attempt to wound, kill or catch any bird or other
animal except on the direction of the city.
2.66.170
Birds and animals-Poisoning prohibited.
It is unlawful to give or offer to any animal or bird, any tobacco, alcohol or other known
noxious substances.
2.66.180
Operation of model airplanes and certain other vehicles prohibited ......here.
Ne perseA sAall operate nor allow to be ofloratod any modol airplano, model oar, go oarts or
ether solf propellea aevioes ana other vehicles upon the ariveways, paths or grounas of any
parI< or rooreation aroa O)(oopt within thoso aroas or upon thoso grounds spooifioally
elesignatea ana postea for suoh oporation.
Except in an area desianated with sianaae bv the Director of Parks and Recreation for that
purpose, it is unlawful to operate anv model airplane. model car. ao-cart or similar self-
mopelled device. tov or model within anv Citv park or recreation area.
2.66.181
Archery and oolf reoulated.
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Except where authorized bv the Director of Parks and Recreation bv posted sianaae. It IS
unlawful in any City park. recreation center or recreation area to practice or participate in
archery or aolf. or to possess an implement used for archery or aolf except when in direct
transit to a desianated area.
2.66.185
Amplified noise.
Amplified neise or sound from radios, televisions, live music and generators is prohibited in
the parks unless prior written approval is given ey the Director of Parl($ and Recreation.
Except when authorized pursuant to a permit issued bv the Director of Parks and Recreation.
it is unlawful in any park or recreation center to operate a radio, television. stero or any similar
electronic or mechanical device capable of producina or emittina sound at a volume where the
sound is audible at a distance areater than one-hundred feet from the point of emission (Ord.
2172 ~2. 1986>'
2.66.190
Disturbing of meetings and other gatherings prohibited.
It is unlawful to disturb in any manner any picnic, meeting, services, concert, exercises,
exhibition, athletic events, special events or oraanized class. or to indulge in riotous,
boisterous, threatening or indecent conduct or abusive, threatening profane or indecent
language in any public park. buildina or recreation area.
2.66.200
Discharge of fireworks and firearms prohibited.
It is unlawful to discharge any firearm, firecracker, bomb, torpedo, rocket or other fireworks
without the written consent of the Director of Parks and Recreation; provided however, that
as to the discharging of any firearms this section shall not apply to any authorized peace
officer or employee of the Parks and Recreation Department while in the performance of his
or #1eifher duties.
2.66.210
Bathing, fishina in or polluting certain waters prohibited.
A. It is unlawful to bathe, swim or fish in the waters of any lake, pond, pool, or at aAY
hydrant, or throw into or deposit any dirt, filth or foreign matter in the waters of any
lake, pond, pool, or in like manner pollute the same; provided however, that nothing
herein contained shall be construed to prohibit swimming in any municipal swimming
pool in accordance with the rules and regulations provided therefor.
fl It is unlawful to use a sink in anv public park or recreation buildina to launder c10thina
or to bathe or wash anv part of the bodv other than the hands or face, or both.
2.66.22Q
IAEleeeAt or threateAiA!l eOAEluet prohiBited.
It is uAlawful to ee €luilty of any indecent conduct, or indul€le in any riotous, boisterous or
threateAiA€l eeha-/ier.
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2.66.230
Shows, lectures. aames of amusement. and other exhibitions prohibited-wheA-.
It is unlawful to set up. maintain or give any exhibition. show. performance, lecture. concert,
place or aames of amusement (i.e. dunk tanks, air inflated astro-iump, ponv rides, etc.) or
concert hall without the written consent of the Director of Parks and Recreation.
2.66.240
Games of oraanized sport prohibited E)(Qeptionsrestricted.
It is \'lRlawf<J1 te J3lay aAY €,!ome of boll or on€,!a€,!e in any s(3ort o)(Qeptin€'! in such (3lacos and at
sueh tiffies as shall be desi€,!nated for sueh (3urposes by tho sireotor of parks and reereation.
Except in areas desianated bv the Diroctor of Parks and Recreation bv posted sianaae for that
Durpose, it is unlawful to plav ball or enaaae in other SDorts activitv within a Citv park or
recreation area.
2,66.250
Riding bicycles. motorcycles. roller bladina. roller skatina. skateboardina 6f'
ether 'Jehieles prohibited where.
It is unlawful to rido a bioyole. trioycle, ffiotoroycle or an)' other vehiclo on any path, bridle
trail, walk or in any arease; (3rovided howover. that nothing herein shall be eonstruos ta
wohibit tho risin€,! of any bieyole, trioyole, motoroycle or any other vehicle on roads designatod
ans established for automotive troffie.
A. Except as provided in Section 2.66.2508, it is unlawful to skateboard, roller blade or
roller skate or ride a bicvcle, tricvcle, motorized bicvcle, motorcvcle or motor vehicle
on anv path, bridle trail. walk or sidewalk in anv Citv park or recreation area.
.!2.., It is lawful to skateboard, roller blade or roller skate or ride a bicvcle or tricvcle within
a Citv Dark or recreation area on a path desianated bv the Director of Parks and
Recreation bv posted sianaae aDPropriate for that purpose.
2.66.260
Camping and other overnight activities prohibited ExeeJ3tioAs.
Except when authorized pursuant to a Dermit issued bv the Director of Parks and Recreation.
it is unlawful to camp, lodge. or sleep er tarry durin€,! tho nighttime hours; provided hCJ'A'evor.
that nCJthin€,! herein shallee construes to prohibit any (3erson frCJm being CJr remaining in any
J'lark while in attendanee at any funotiCJn, (3ermission for the holding of whioh has been
J3reviously €'!ranted by the direetor of pari,s and reoreotion. for anv period of time within a Citv
Dark durina the hours that the park is closed pursuant to Section 2.66.270.
2.66.270
Activities prohibited during certain nighttime hours - exceptions.
All City parks, with the exception of Rohr Park, Hilltop Park. and Rancho del
Rey/lndependence Park are closed between the hours of 10:30 p.m. and 6:00 a.m. Rohr Park
is closed between the hours of 10:30 p.m. and 7:00 a.m.; Hilltop Park and Rancho del
Rey/lndependence Park are closed during the hours of 9:00 p.m. to 7:00 a.m. during the
months of April through October, and during the hours of 7:00 p.m. to 7:00 a,m. during the
months of November through March. All activities except walking or proceeding along
designated sidewalks or pathways through the parks during closing hours are prohibited. The
Director of Parks and Recreation is authorized to alter the park closing hours stated above
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when the Director determines it is necessary for the public health, safety or welfare. Such
change in hours shall be effective when signs indicating the change are posted, and remain
in effect until the City Council meeting or for thirty (30 days), whichever first occurs. The
Director shall prepare and submit a report to City Council regarding the reason for the change
and recommending appropriate Councilor administrative action, which report shall be
considered by Council at the next meeting.
2.66.280
Obstructing ar aRRayiRg vehicular afand pedestrian traffic prohibited.
It is \,IRla'Nful t(l l(liter or to stand or sit in Q[ up(ln any (If tho walks, roads or avenuos af any
!'larll sr reoreation aroa, or in or upon any !'lublio highway, alley, sidewall, or cross'....alll, ss as
ts iA aAY A'lanAer RiAser sr sbstruet the freo passage therein or thereon of any !'lersons or
vohiolos passinia alonia the same, or so as to obstruct or unreasonably interfere with the free
"assal:le sf pesestrians or vehieles. It is unlawful for anv Derson to willfully obstruct vehicular
or Dedestrian traffic or circulation within or UDon any of the sidewalks or streets of a City
Dark.
2.66.290
Carrying of arms and weapons prohibited - exception.
ExceDt for Deace officers defined in Penal Code Section 817, it is unlawful to carry, convey,
maintain, or provide any arm or weapon including, but not limited to, any fixed-blade knife,
hunting knife, pocket knife, switchblade knife, bayonet, machete, firearm, chain, club, bat,
stick, cane, blackjack, slung shots, bullies, sandclubs, sandbags, and metal knuckles or any
other object Q[ device whether normally designed for such use or not, which is intended to
be used or which can be used in a dangerous or offensive manner to inflict bodily harm upon
the person of another or property damage upon the property real and personal or the trees,
shrubs or lawn owned by or in the custody of the City, or any other person upon his person,
or in a vehicle whether concealed or not within any public park, golf course, or other
recreational area in the City, or in or upon any of the walks, lots or avenues of any park or
recrsational area in the City~, provided, howovor, that the following OJ<ceptions apply to the
fsllswiAl:l "orsons or eircumstances:
A. Sheriffs, constables, marshals, policemen, members of the California Highway Patrol,
members of the California Stato Polioo and employees of the state Department of
Justieo listed in tho California Penal Code, Seetion 817, who are designated as peaee
sffieers, sther duly ap"ointed 130aeo officers, as defined in the Ponal Code, Seetion
817, (\,III tiffie "aid poaoo officers of other states and the federal government who are
oarryin!:l sut sffioial 8utios while in the eit)', or any person summonod by. any such
offieers to assist iA making arrests or preserving the peaee while he is actually ongaged
in assistin€l suoh offioor;
B. Members of the military forces of this state or of the United States on€lagod in the
performance of their dutios;
C. Sl30cial or reservo polico (lfficers duly appointed by reeognized law enforoement
agenoies of publie entities ongaged in the performanoe of thoir duties;
D. Private investi€lators, private patrel operators, and operators of a privata patrol serviee
who aro lioonsod pursuant to Chapter 11 of Division :3 of tho Business and Professiens
Code, whilo aoting within the oourse and scope of their employment;
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E. The oarryin€j of concealable weapons by persons .....ho ore autherizeEl to oarry such
woo pons pursuant to Artiole :3 (oomFRenoin€j .....ith Seotion 12060) ef Chapter 1 af Title
2 af Part 1 af tAe Penal Code;
F. Persens oarryin€j or usin€j stanElard articles of cutlery and utensils essential to the
fjrel3aratiaA aAs eansumption of fooEl while actively en€ja€jeEl in oampin€j or pionie
aeti',ities;
C. Bay 8ea!,Jts ar ether rooo€jnizeEl or€janizations or persons en€ja€jeEl in oampin€j, trainin€j,
merit baEl€je aoti',ities, or reoo€jnizeEl sl3ortin€j aotivitios suoh os arohory;
1-1. Parlt ff1ainteAaAee omployees while en€ja€jeEl in the performanoe of their Eluties;
I. EFRployoos of ather city eel3artFRents, public utilities, or contractors while eA€jo€jes in
tAe l3erfarff1onee of eonstruotion, repair or maintenanoe of parl( one rooroational
faeilities.
2,66.300
Weapons in violation of Section 2.66.290 deemed nuisance-Confiscation and
destruction authority.
The unlawful carrying of weapons as prohibited by Seotion 2.66.290 of this ohapter is a
nuisance. Any such weapons taken from the person or vehicles of a person unlawfully
carrying the same in suoh prohibited areas are nuisances and shall be surrendered to the Chief
of Police of the City. Said weapons shall be destroyed annually between the first and tenth
days of July in eaoh year to the extent that they shall be thereafter wholly and entirely
ineffective and useless as weapons for the purpose set forth herein; provided however, said
weapons shall be preserved as neoessary or proper to serve the ends of justioe or returned
to the owner upon the oertifioate or order of a judge of a oourt of reoord or of the District
Attorney of the County or the City Attorney. If any weapon has been stolen and is thereafter
recovered from the thief or his transferee, it shall not be destroyed but shall be restored to the
lawful owner, as soon as its use as evidenoe has been served, upon his identifioation of the
weapon and proof of ownership.
2.66.310
Group use - rules and regulations.
A. It is unlawful in a City park to use a qroup pionio shelter desiqnated for qroup use of
25 or more persons or to use a ball field without prior authorization from the Director
of Parks and Recreation. Group pionic shelters for qroups of 25 or more persons shall
be desiqnated by siqns posted by the Direotor of Parks and Reoreation for that
purpose.
a.. It is unlawful for any person or moup of persons within a City park who. without a
permit issued by the Direotor of Parks and Reoreation, fail or refuse to promPtly leave
a picnic shelter desiqnated for qroup use by 25 or more persons or a ball field followinq
notification by a Park Ranqer or other person desiqnated for that purpose by the
Director of Parks and Recreation. or a polioe offioer.
,CA. All groups desiring to make reservations for picnic shelters or ballfields must complete
a Park Reservation Request form, submit a refundable cleaning and seourity deposit
and pay the Required Fee(s) at the time of request. NOTE: The reservations must be
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made at least two days before the desired date. Groups wishing to reserve a ballfield
must reserve one for a minimum of two hours. If groups wish, for an additional
Required Fee(s), to have a ballfield prepped (dragged and chalked), 7 days notice must
be given.
DB. At the conclusion of the group's use, a Park Ranger from the Department of Parks and
Recreation will inspect the area to determine if it has been cleaned and to ensure that
no damage has occurred. If the area is left in satisfactory condition, the deposit will
be refunded. If the area has not been properly cleaned, the Department will cause it
to be cleaned with the actual costs being deducted from the deposit. If the costs of
cleaning exceed the amount of the deposit, the group or organization will be billed for
the balance due with interest added if not paid within thirty (301 days after the billing
date.
&G. Groups must not exceed the maximum size for their shelter. Any group that exceeds
the maximum as determined by a Department of Parks and Recreation Ranger will
forfeit its cleaning deposit. This occurrence may be grounds for refusal to approve
future requests.
Eg. Groups who cancel a reservation will be charged a Required Fee(s) for handling. If the
reservation is cancelled 7 or more days in advance, the use fee and cleaning/damage
deposit will be refunded. If the reservation is cancelled less than 7 days in advance,
only the cleaning/damage deposit will be refunded. Cancellations must be made during
business hours (8:00 a.m. - 5:00 p.m.) Monday through Friday by calling 691-5071
or by coming to the Parks and Recreation Department. Should inclement weather
occur on the day of the reservation, the groups may receive a refund of the use fee
and cleaning/damage deposit or reschedule their reservation.
E. .1'.11 glass oontainers amI beor lco(Js aro J3rohibitod.
GF. All groups will confine themselves to their assigned areas, unless they are involved
with recreational activities. No picnic tables, benches, grills, stoves or other park
equipment will be moved from any other area without express permission from the
Department of Parks and Recreation. Groups may not change assigned picnic areas.
Failure to comply will result in forfeiture of all fees.
HG. All group members and caterers must use the parking area assigned on the reservation
form. Any vehicle not parked in designated parking spaces will be ticketed.
1H. Organizations and groups staging functions in the parks should acquaint themselves
with the general park rules and regulations. Actions which are in violation of said rules
and regulations may result in cancellation of the outing, forfeiture of deposits, arrest
or fine.
,Lt These Group Use Rules and Regulations apply to all City of Chula Vista parks.
2.66.320
Issuance of park permits.
Uoon aoolication oresented at least three days in advance. the Director of Parks and
Recreation will issue a oermit for activities requlated within this Chapter 2.66. unless the
Director finds that the event or activitv will violate or cause anv of the followinq conditions
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to occur:
A. Violate law:
.!L Exceed the capacity of the City park or recreation facility for the safe conduct of the
event:
b Present a clear and present danqer to the health. safety or welfare of the public or
other park users:
D. Conflict with the terms or conditions of a valid prior issued permit:
~ Involves the use of machinery or equipment which can damaqe park or recreation
property:
E. Involves activity. equipment or a number of persons or a combination thereof which.
in the opinion of the Director of Parks and Recreation is or constitutes a threat to
public health and safety:
2.66.330
Enforcement.
Violations of this Chapter 2.66 are punishable pursuant to Chapter 1.20 of this Code.
SECTION II: This ordinance shall take effect and be in full force and effect on the
thirtieth day from and after its second reading and adoption.
Presented by
Approyed as to form by
Jess Valenzuela, Director of
Parks and Recreation
Bruce M. Boogaard. City
Attorney
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COUNCIL AGENDA STATEMENT
Item:-L
SUBMITTED BY:
Meeting Date: October 24, 1995
Resolution: / t'b 8't? Approving Council policy regarding the use
and sponsorship of non-profit organizations in relationship to the
Boards & Commissions system of the City.
City Attorney Q ^,\l... ~
Deputy City M~\~Thomson J
ITEM TITLE:
REVIEWED BY:
City Manager
4/5ths Vote: ( ) Yes (X) No
Council Referral No. 2967
On June 6, 1995, in response to a request from the International Friendship Commission (IFe)
for staff assistance to form a non-profit corporation to supplement the activities of the IFC, the
Council directed staff to review the IFC's request as well as several concerns expressed by the
City Attorney and make a report back with staffs recommendation. This report is intended to
respond to that referral with analysis and recommendations. In addition, this report addresses
the related issue of making the Police Activities League (PAL) a non-profit corporation.
RECOMMENDATION: That Council:
1. Adopt the resolution approving a Council policy regarding the use of non-profit
organizations in relationship to the Boards and Commissions system of the City.
2. Direct staff and the City Attorney to work with the International Friendship Commission
in drafting Articles of Incorporation and By-Laws, that include conditions similar to those
described on page 11 of this report, and bring back a proposed structure for a non-profit
to supplement the IFC for Council review.
3. Conceptually approve the attached draft Articles of Incorporation and By Laws for the
Police Activities League and authorize the Chief of Police and City Attorney to finalize
and submit them to the appropriate state agencies for processing the PAL incorporation
as a non-profit.
BOARDS AND COMMISSIONS RECOMMENDATION:
The recommended policy potentially affects the boards and commissions generally, but the IFC
and PAL are the most immediately affected. An earlier draft report prepared by the City
Attorney was sent to the IFC as the proponents of a non-profit, and the City Attorney met with
the IFC on June 26, 1995 to discuss that draft report (see Attachment C for their minutes). The
IFC did not reach any formal conclusion on the potential limitations discussed by the City
Attorney at that meeting for the formation of a non-profit, and instead appointed Larry
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Council Agenda Statement
Meeting Date: October 24, 1995
Page 2
Breitfelder as the Chair of a one-person IFC committee to discuss the issue further with staff and
present the IFC' s views to the City Council. Staff reviewed a draft of this report with Mr.
Breitfelder, who is now the Chair of the IFC, and he has conceptually agreed to the
recommended conditions described on page 11 of this report.
The Police Activities League's Board of Directors approved in concept the attached draft Articles
of Incorporation and By-Laws at their August 9, 1995 meeting.
BACKGROUND:
There has been a recent expression of interest in supplementing some of our existing boards,
commissions and departments with non-profit corporations, in particular the International
Friendship Commission (IFC) and the Police Activities League (PAL). Prior to addressing the
IFC and PAL issues specifically, this report will discuss more general issues regarding non-
profit organizations.
Nature of a Non-Profit
California Corporation Law grants separate legal entity status to corporations, including those
called public benefit, non-profit corporations. They are therefore by definition independent legal
entities, separate from the City.
In the typical "for-profit" corporation, the capital is supplied to the venture, in part, by the
shareholders, and it is the fiduciary duty of the Board of Directors to use prudent business
judgment to protect the investment of the shareholders.
In a non-profit, unlike the typical corporation, there is no need for a shareholder group because
there is not supposed to be any privately owned capital. Any assets accrue to the mission or
purpose of the non-profit. A "Member group" can (but is not required to) take the place of the
shareholder group if the incorporators wish and so specify in their Articles of Incorporation.
On the other hand, a public benefit corporation can, if desired, be entirely run by a Board of
Directors without a Member group.
If Members are established, their participation over the operation of the corporation is typically
limited by the Articles of Incorporation to such major issues as: (1) major corporate decisions
that affect the continued existence of the corporate entity, such as dissolution; (2) election of the
Board of Directors; or (3) approving any changes to the Articles of Incorporation and/or the By-
Laws of the corporation.
If Members are not established, the Board of Directors controls all of these major decisions,
including their own self-perpetuation, if desired, unless otherwise restrained. However,
limitations on the Board can be placed in the Articles and By-Laws, including limitations or
approvals required to amend the Articles and/or By-Laws. Some potential limitations of this
type are discussed later in this report.
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Council Agenda Statement
Meeting Date: October 24, 1995
Page 3
Existing and Potential Non-Profits
The existing non-profit organizations with close ties to the City include the Friends of the
Library and the Bayfront Conservancy Trust. Potential new non-profit organizations that are
in varying stages of discussion include ones related to the International Friendship Commission,
Police Activities League, Library Foundation, Parks and Recreation Society and Border
Environmental Commerce Alliance (BECA). Each of these is discussed briefly below.
The Friends of the Library have been a non-profit corporation since 1974, and over the last 10
year period have given approximately $150,000 to the activities of the Library. A separate
Library Foundation to solicit larger donations and grants is also currently being considered.
In 1983, the Chula Vista Parks & Recreation Society was established as a non-profit to sponsor
and assist in the development of Chula Vista parks and recreation and to develop educational and
recreational programs. The Society has been inactive since 1986, but there have been
discussions in recent years about formally dissolving the old non-profit and establishing a new
revitalized one.
The Bayfront Conservancy Trust, which operates the Nature Center, is a non-profit which was
formed in 1986 as an element of the Chula Vista Local Coastal Plan's Bayfront Specific Plan
as partial mitigation for impacts that could result from bayfront development.
The Police Activities League is proposing to form a non-profit corporation to govern their
activities, and draft By-Laws and Articles of Incorporation have been prepared.
The International Friendship Commission also has expressed an interest in forming a non-profit
to supplement their own commission status.
The Border Environment Commerce Alliance ("BECA") white paper calls for the City to "spin
off' the project as a non-profit in the future once funding sources stabilize.
It should also be noted that there are numerous other non-profit corporations with which the City
cooperates or contracts for services, but this report focuses on non-profits which the City helps
incorporate or sponsor.
ADVANTAGES OF NON-PROFITS
There are a number of advantages or benefits that the proponents of various current or potential
non-profits have highlighted. These advantages include:
(1) Fund Raising and Grants. Motivated donors may be more willing to give money
to a non-profit because the donors are more assured that their contributions will
be spent on the mission of the non-profit and less concerned that their donations
might get diluted by the City government or diverted for some other purpose.
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Council Agenda Statement
Meeting Date: October 24, 1995
Page 4
Some foundations even have formal policies to not provide grants to tax supported
institutions such as cities.
(2) Tax Deductible Status of Donations. Individuals and corporations are typically
aware that financial donations to non-profits may be tax deductible. They are less
likely to be aware that the City also qualifies as a 501(c)(3) corporate entity and
that contributions to the City are tax deductible to the same extent as to a non-
profit.
(3) Volunteers. An independent, autonomous non-profit corporation may be more
capable of attracting volunteer help from the community than is a board,
commission, or department of the City.
(4) Purity of PUrDose. An independent non-profit may be able to command greater
enthusiasm, including volunteer and fund raising participation, than is a board,
commission or department of the City. The members of the public that are
committed to the mission of the non-profit may want to be assured that their
generosity will not be diverted to other purposes, or that it might supplant rather
than supplement existing funding from the City. They may simply have more
enthusiasm for an organization whose sole purpose is one they are very
committed to and that they feel more comfortable with than a government entity.
(5) Flexibility. Performing administrative or operational activities, such as operating
a used book store or hosting dignitaries from a foreign country, requires more
frequent and informal means of communication and action than a board or
commission is designed to conduct, particularly in terms of Brown Act
requirements and prohibitions.
(6) Potential Involvement of Volunteer Fundraisers. Some people who might be very
effective fundraisers as members of a non-profit Board of Directors may not be
interested in participating in a regular City board or commission, for such reasons
as the time commitment required or the need to disclose economic interests by
members of regular boards and commissions. The establishment of a non-profit
foundation primarily oriented toward fund-raising may allow such interested
parties to contribute significantly to the community who otherwise might not do
so.
(7) Commissioner Liability. The City is required to indemnify a board or
commission member for actions conducted on behalf of the City. The City would
have no liability for the actions of a Director of a Board of a non-profit. While
this liability for commissioner's actions has not been a problem for the City, any
reduction in the City's liability exposure can be considered positive although
perhaps negligible in this case.
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Council Agenda Statement
Meeting Date: October 24, 1995
Page 5
(8) Liability for Actions of Volunteers. The City would likely be liable for the
actions of volunteers who provide their volunteer service to the City under the
auspices of a board, commission or department.. The City would generally not
have direct liability for the actions of volunteers offering their service to a non-
profit. This is also considered to be a negligible factor since we have had a good
record of training and supervision over our volunteers.
CONCERNS ABOUT NON-PROFITS
Potential concerns about non-profits can be summarized as follows:
(1) Potential Loss of Control. A multi-faceted, multi-interest corporate entity like a
city government needs, on the one hand, a broad base of community involvement
in the decision making process, each competing for limited resources to advance
their special interest. On the other hand, it needs a system for channeling its
resources to meet an agreed set of goals and objectives, for resolving conflicts
among its membership, and for making final decisions without escalating
differences to personal levels.
The very nature of non-profit organizations tends to be different from a
centralized control approach to city government. The Council can not legally
substitute its judgment and discretion for the judgment and discretion of the Board
of a non-profit. The day-to-day operations of a non-profit corporation are
controlled by the Board of Directors, who are required by law to exercise their
own independent and prudent business judgment. Personal liability can befall
them for their neglect in this regard. Unless the Council is willing to spend the
time to serve on each of the non-profit Boards they may help create, they will
lose the final implementing policy authority over activities conducted by a non-
profit that they now have over the operation and activity of the boards and
commissions.
If a particular concern can be articulated in advance, appropriate restrictions
could be placed in the Articles or By-Laws of the non-profit to avoid particular
areas of concern. Otherwise, the Council's remaining control would be either:
(1) to remove a Director (a) if the By-Laws so provide, (b) if they can muster a
majority vote, and (c) if they can do it in time to avoid the course of action of
which they disapprove, or (2) to dissolve the non-profit if the Articles permit.
This could conceivably elevate what would otherwise be a difference of opinion
between the Board of Directors and the Council, that could simply be rejected by
the Council, to a personal attack on individuals to remove them from an office
they very much enjoy holding.
The current system, which depends on the Council to make final implementing
policy and budgetary decisions, forces an internal consensus on a course of action
that may create some internal strife in the process, but forces, from an external
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Council Agenda Statement
Meeting Date: October 24, 1995
Page 6
appearance, a common and defined goal and objective. Activities conducted by
a non-profit would be more independent, depending on any restrictions placed in
their Articles or By-Laws.
(2) Potential for Divided Staff Loyalty and Confusion. Staffing a non-profit could
potentially raise issues about divided staff loyalty and confusion. For example,
the Police Chief is proposed to be the Chair of the Board of Directors of the
Police Activities League, as discussed later in this report. As a hypothetical
example of this issue, assume that the Board of the PAL wants to support a "free
graffiti wall" program which it can fund with its private donations on a privately
owned wall put in plain public view, but the Council disagrees with the program
for aesthetic or other reasons. The Chief could be forced to be disloyal to one
or the other of the organizations to which he owes a fiduciary duty, unless he
can find a way to resolve the issue or does not participate in the issue. (The
Chief of Police, based on his experience working with community groups, does
not anticipate this will be a problem, particularly given the proposed structure for
PAL described later in this report.)
The City's current board and commission system has a built in mechanism for
resolving this type of conflict. The recommendation of a board, commission or
committee is advisory to the Council; the Police Chief can advocate it to the
Council without being disloyal. If the Council rejects it, the Chief follows the
policy direction of the Council. Since a non-profit would be more independent,
such potential conflicts might be more difficult to resolve.
(3) Potential for Abuses. Without ample control over the selection of the Board
members, there is a potential risk that a non-profit corporate entity could be
diverted in its mission to satisfying the personal agenda of its then-existing Board
members. With a vigorous denial that any member of a City board or
commission has such intentions, a hypothetical example would be a non-profit
corporation obtaining contributions by implying a sponsorship by the City, but
then using those funds for no grander purpose than to make the personal travel
plans of its Directors tax deductible.
(4) Institutionalized Ethics Standards May Not ADDly. Without public funding or
public officials appointed thereto, the Board of the privately-funded non-profit is
not necessarily required to disclose economic interests or refrain from
participating where there is a conflicting economic interest, or be precluded from
entering into a contract with one of its members.
(5) Voting and Meeting Formalities May Not ApJlly. The open meeting
requirements of the Brown Act may not apply to a non-profit unless it is publicly
funded or public officials are designated members. As an example, within the
last four years, the Star News has complained that the Downtown Business
Association, a non-profit, was not conducting their meetings in public.
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Council Agenda Statement
Meeting Date: October 24, 1995
Page 7
(6) Public Records Act May Not Apply. The public records act does not apply to a
non-profit, which could be a concern for a non-profit charged with a quasi-public
or quasi-community purpose. As an example, Regina Hickey has complained that
South Bay Community Services, a non-profit, allegedly refused to disclose
financial information to her about their non-profit entity despite the use of public
funds to support their activities.
RELATED FINANCIAL ISSUES
As separate legal entities, non-profit organizations typically have their own treasurer and
checking accounts. They would typically raise their own funds, determine how the funds will
be spent, and have their own mechanisms for overseeing the expenditure of funds. The City's
Finance Department would not be involved, nor is it adequately staffed to be involved, in
accounting for or overseeing the expenditures of a non-profit's funds.
The exception is the Bayfront Conservancy Trust, which is now subject to most of the City's
normal budgeting, accounting, and purchasing policies as part of the Lease, Loan and Operating
Agreement between the BCT, the City, and the Redevelopment Agency. These requirements
were placed on the BCT because of its current financial dependence on the City/Agency. Other
non-profits discussed in this report are not anticipated to be financially dependent on the City;
in fact, they are generally anticipated instead to provide financial support for City activities.
CONCLUSIONS AND PROPOSED COUNCIL POLICY
The City Manager's Office and the department heads of several affected line departments have
concluded that non-profit organizations can be extremely beneficial to supplement the efforts of
City boards, commissions and departments. On the other hand, there are some legitimate
potential concerns regarding the use of non-profit organizations in relationship to the boards and
commissions system of the City.
Rather than proposing complete support for the virtually unlimited use of non-profit
organizations at one extreme, or recommending against any and all additional non-profits at the
other extreme, staff from the City Manager's Office and the City Attorney have worked together
to formulate a proposed Council Policy that would provide guidelines for considering potential
non-profit organizations on a case-by-case basis.
The proposed policy indicates that the proponents of establishing a non-profit organization to
supplement the City's activities would submit an application to the City if they desired for the
City to assist them in establishing the non-profit or in some manner to sponsor the activities of
the non-profit.
Such an application would be submitted to the City Council, after it has been reviewed by the
City Manager or the Manager's designee. That review would be to determine whether the
establishment of such a non-profit was likely to be an appropriate mechanism to help achieve
a community purpose related to the City's functions. Issues to be considered would include the
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Council Agenda Statement
Meeting Date: October 24, 1995
Page 8
potential for improved fundraising, grant eligibility, volunteer participation, and needed
flexibility, compared to the City's regular mechanisms such as boards, commissions or City
department activities.
Checklist of Potential Conditions:
If the City Manager or his/her designee concludes that the proposed non-profit has substantial
merit, then the appropriate staff would review the following potential conditions to determine
which ones, if any, would be appropriate to propose as a condition of obtaining City staff
assistance in forming a non-profit and the extent of ongoing assistance/sponsorship the City
should offer:
1. Council as Members. The Articles of Incorporation of the non-profit could establish
a "Membership" group consisting of the Council, with the Members having specified
authority such as to make major corporate decisions that affect the continued existence
of the non-profit, to elect some or all of the Board of Directors, or to approve any
modifications to the Articles of Incorporation and/or By-Laws.
2. Council to Select/Sit on Board. The Articles and By-Laws could specify that the
Council have the authority to appoint some or all of the Board of Directors, whose terms
could coincide with our existing two 4 year terms now applicable to boards and
commissions. The Articles/By-Laws could specify that at least one member of the
Council be a voting Board member. The Articles/By-Laws could specify that some or
even the entire Council are "ex-officio" Directors of the Board with the right to
participate in all Board discussions, if they wish. Alternatively, someone designated by
the Council could be specified to have such involvement.
3. Council to Approve Chanl!:es to Organization. Whether the Council is specified to
be Members or not, the Articles/By-Laws could specify that the Council have the
authority to approve all Articles and By-Laws, and any proposed amendments or
deletions. The Council could even be given the authority to initiate, on their own
volition, any By-Law amendments, which could not be modified by the Board.
4. Prohibition Al!:ainst Inconsistent Positions With City. A non-modifiable provision of
the Articles and By-Laws could specify that the non-profit will not engage in a mission,
purpose, goal, plan, or activity that either is inconsistent with an approved policy of the
City or is directly disapproved by the City Council.
5. Conditions of Soonsorship. The City's continued sponsorship, including staff time,
coordination of activities, funding, use of City logo, use of City facilities, etc., could be
conditioned on compliance by the non-profit with its Articles and By-Laws or with
specified City policies.
6. Approval of Dissolution. The Articles and By-Laws could specify that only the
Council shall have the power to dissolve the Corporation, or that the Council would
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Council Agenda Statement
Meeting Date: October 24, 1995
Page 9
approve such a dissolution. The Articles/By-Laws could require that, upon such dis-
solution, the assets of the Corporation shall be liquidated and the proceeds spent on the
purpose for which they were originally acquired, as the Board or Council shall direct,
but if that purpose can not be achieved directly, shall be spent for a substantially
comparable purpose as the Board or Council shall determine.
7. Public Disclosure. The By-Laws could be written so as to make the institutionalized
disclosure/ethics laws now applicable to the City applicable to their Directors, such as
the public records act, the Brown Act, the disclosure statement of economic interests,
prohibition of participating in matters where a Director has a conflict, prohibited travel,
prohibited gifts, etc.
After staff has reviewed the above Checklist of Potential Conditions in terms of their
appropriateness for a specific proposed non-profit, the policy provides that a report will be
presented to Council indicating which, if any, of the potential conditions are recommended for
the proposed non-profit.
NON-PROFIT FOR POLICE ACTIVITIES LEAGUE
The Chula Vista Police Activities League (PAL) was organized in 1992 to create and provide
activities for all youth in our community. PAL especially targets less fortunate and "at risk
youth". The Police Activities League is a community based organization operated from the
Chula Vista Police Department that works with "at risk" youth within the South Bay
Community. The Board of Directors is made up of community leaders from various local
government agencies, as well as members of the South Bay Judicial District and other
community organizations. PAL has been involved in numerous activities within the South Bay
area.
PAL's highest priority is providing activities for "at risk" youth. Currently, PAL is sponsoring
a Midnight Basketball program, youth soccer, softball, T-ball and boxing for underprivileged
youth. PAL also provides safe drug and alcohol free social events such as dances and sporting
events. PAL is closely tied to the schools in the community. PAL has sponsored or assisted
with sixth grade camp, school safety patrol camp, and an academic achiever award in the
elementary school district. The largest project each year for PAL is the Holiday Toy and Food
Drive. This project benefits over 300 needy families in the Chula Vista area. Families are
provided with food, clothing and toys. PAL works closely with the business community and
depends on their support. The business community has been very generous in donations of time,
funds and resources.
PAL is already considered a separate entity from the City. Its Board of Directors have indicated
that they believe they will be more successful at fundraising if they are incorporated as a
non-profit. Attachments D and E are draft Articles of Incorporation and By-Laws for the
proposed PAL non-profit. These Articles and By-Laws have been drafted by the City Attorney
in consultation with PAL's Board of Directors.
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Council Agenda Statement
Meeting Date: October 24, 1995
Page 10
The draft By-Laws specify that the Police Chief, or his/her designee from among the
management of the Chula Vista Police Department, will serve as the Chairman of the PAL
Board. The existing PAL Board feels that this is important to help start the new PAL non-profit
and to encourage appropriate community members to participate in PAL.
In terms of the above Checklist of Potential Conditions for non-profits, the draft PAL Articles
and By-Laws incorporate the following conditions:
(1) The City Council will be the only Members of the PAL non-profit corporation.
(2) There will be 30 directors on PAL's Board of Directors and 21 of those directors
will be from, or appointed by, the City Council, the Police Chief, Fire Chief, or
the Director of Parks & Recreation. The remaining 9 director seats will be
appointed by representatives of the school districts, YMCA, Boys and Girls Club,
South Bay Community Services, Otay Committee and the South Bay Judicial
District.
(3) Any modifications to the Articles of Incorporation or By-Laws will require the
City Council's approval.
(6) Upon the dissolution of the corporation, any remaining assets shall be distributed
to the City or to an agency selected by the City.
(7) Since the Board would include members of the City Council appointed by the
Council, its meetings would be subject to the Brown Act under State law if PAL
receives funding from the City, although this issue is not specifically addressed
in the draft Articles or By-Laws.
The PAL Board of Directors approved these documents in concept on August 9, 1995, and they
are recommended for Council's conceptual approval. It is recommended that the Chief of Police
and City Attorney be authorized to finalize the PAL Articles and By-Laws and submit them to
the appropriate state agencies for processing the PAL incorporation as a non-profit. The State's
processing fees will be paid by PAL.
NON-PROFIT TO SUPPLEMENT INTERNATIONAL FRIENDSHIP COMMISSION
As discussed earlier in this report, the International Friendship Commission (IFC) submitted a
report (Attachment A) to Council on June 6, 1995 requesting that the Council endorse the
formation of a non-profit to supplement the activities of the IFC and direct staff to assist the IFC
in preparing necessary legal documents and in determining the most appropriate division of
responsibility among the proposed non-profit, the existing IFC and the City Council. At the
June 6 Council meeting (see Attachment B for minutes) the City Attorney expressed concern
about the loss of control that could result from forming separate non-profits. The Council
referred the issue to staff to review and provide recommendations to the Council.
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Council Agenda Statement
Meeting Date: October 24, 1995
Page 11
The City Attorney then prepared a draft report and reviewed it with the IFC at their June 26
meeting (see Attachment C for minutes). The IFC did not reach any formal conclusions at that
meeting regarding the appropriateness of any of the potential limitations discussed by the City
Attorney for the formation of a non-profit (similar to the Checklist of Potential Conditions
discussed in this report). Instead, the IFC appointed Larry Breitfelder as the Chair of a
one-person IFC committee to discuss the issue further with staff and present the IFC' s views to
the City Council.
Staff has reviewed the Checklist of Potential Conditions with Mr. Breitfelder, who is now the
Chair of the IFC. Staff and Mr. Breitfelder have conceptually agreed upon the following as
appropriate conditions for an IFC-related non-profit:
(2) The Chair of the IFC, or an IFC member designated by its Chair, will be an "ex-officio"
Director of the Board. Council members will have the right to attend and address the
Board of Directors but will not be members of the Board or of the corporation.
(3) Any modifications to these specific conditions will require the City Council's approval.
(4) The non-profit cannot initiate, establish or terminate a sister city relationship without the
formal approval of the City Council.
(5) The non-profit cannot use the City's sponsorship (i.e. use of the City's name, funding,
staff time, logo, facilities, etc.) for any activity that either is inconsistent with an
approved policy of the City or is directly disapproved by the City Council.
(6) If its Board of Directors decides to dissolve the non-profit, the City Council shall have
the authority to approve the Board's plan for distributing any remaining assets to the City
or to an agency selected by the Board consistent with the purpose for which they were
acquired.
(7) The financial records of the non-profit shall be open to the public.
Staff therefore recommends that Council direct staff and the City Attorney to work with the IFC
in drafting Articles of Incorporation and By-Laws that include conditions similar to those
described above, and bring back a proposed structure for a non-profit for Council review. The
non-profit would supplement the IFC, not replace it.
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Council Agenda Statement
Meeting Date: October 24, 1995
Page 12
FISCAL IMPACT:
The proposed Council Policy is intended to help improve opportunities for fundraising and
volunteer participation while minimizing potential risks that could be created by non-profits. It
should therefore help improve the efficiency and/or effectiveness of City activities.
The services of the City staff, including the City Attorney, will usually be drawn upon to
prepare the Articles of Incorporation and By-laws for proposed non-profits. This impact is
likely to be negligible and varied depending on the use of non-profits.
Attachments:
A. Reports to Council from IFC and staff at 6/6/95 Council meeting
B. Minutes of 6/6/95 Council meeting
C. Minutes of 6/26/95 IFC meeting
D. Draft Articles ofIncorporation for PAL
E. Draft By-Laws for PAL
M:\HOME\ADMIN\NONPRFT .WP5
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RESOLUTION NO. /~t?8"t7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING COUNCIL POLICY REGARDING
THE USE AND SPONSORSHIP OF NON-PROFIT
ORGANIZATIONS IN RELATIONSHIP TO THE BOARDS
AND COMMISSIONS SYSTEM OF THE CITY
WHEREAS, on June 6, 1995, in response to a request from
the International Friendship Commission (IFC) for staff assistance
to form a non-profit corporation to supplement the activities of
the IFC, the Council directed staff to review the IFC's request as
well as several concerns expressed by the city Attorney and report
back with staff's recommendation; and
WHEREAS, the attached policy reflects staff's
recommendations and affects the boards and commissions generally
but the IFC and Police Activities League are the most immediately
affected.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve the Council Policy
regarding the use and sponsorship of non-profit organiz tions in
relationship to the Boards and Commissions stem of the ity.
pr v.d ~t
Bruce M.
Attorney
Presented by
James R. Thomson, Deputy
city Manager
C:\rs\nonproft.pol
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Council Policy
City of Chula Vista
Subject:
Policy
Number
Effective
Date
Page
No.
Use and sponsorship of non-profit organizations
in relationship to the Boards & Commissions
system of the City.
50
09-19-95
1
Adopted by Resolution No.
Dated:
Background:
There has been a recent interest in establishing non-profit corporations to supplement the
business that has been assigned to, or is capable of assignment to, one or more of the boards,
commissions, or departments of the City.
There are a variety of pros and cons to the use of non-profits to do part of the business
of the City. For a more detailed discussion of them and on this policy, please see the Council
Agenda Report on the Council Policy Regarding the Use and Sponsorship of Non-Profit
Organizations, presented to the City Council at their meeting of October 24, 1995.
PUI:pose:
It is the purpose of this policy to establish the criteria and a checklist of potential
conditions under which the City will lend the aid of its offices and staff in the formation of a
non-profit, or lend the City's continued sponsorship to such non-profits.
Policy:
Approval of the City Council is required for the aid of any Officer or staff of the City
in helping, as part of their official duties, in the formation of a new non-profit corporation, or
for the City's sponsorship of any new non-profit.
The Council reserves full discretion to grant or deny the extension of such aid and
sponsorship of any non-profit on a case-by-case basis.
In order to obtain the aid of City staff in the formation of a non-profit or the City's
sponsorship of a new non-profit, the person or persons proposing such non-profit
("Incorporators") shall apply for such aid or sponsorship to the Council ("Application").
7 -/.5
/
. , {
Council Policy
City of Chula Vista
Subject:
Policy
Number
Effective
Date
Page
No.
Use and sponsorship of non-profit organizations
in relationship to the Boards & Commissions
system of the City.
50
09-19-95
2
Adopted by Resolution No.
Dated:
The Incorporator's application shall indicate the reasons why they believe a non-profit
is an appropriate mechanism to help achieve a community purpose related to the City's
functions. Examples of such reasons could include the potential for improved fundraising, grant
eligibility, volunteer participation, or needed flexibility. The application should describe why
the Incorporators believe that a non-profit organization is better able to achieve a community
purpose than a City board/commission/committee or department and any evidence or indications
to support their stated reasons.
Said Application shall first be reviewed by the City Manager, or her/his designee, who
shall provide the Council with a report ("Report") and recommendation with regard to such
Application.
Among such other things as the City Manager deems appropriate to include in the Report,
the City Manager or designee shall indicate whether he/she concurs with the Incorporators that
a non-profit is a more proper business form for a given community purpose or mission as
opposed to assigning the purpose or mission to one or more of the City's
boards/commissions/committees or departments, and why.
Checklist of Potential Conditions
The Report shall make recommendations as to which, if any, of the following conditions
he/she deems appropriate to require of the Incorporators as a condition of obtaining City staff
assistance in the non-profit formation process and the extent of assistance/sponsorship the City
should offer.
1. Council as Members. The Articles of Incorporation of the non-profit could establish
a "Membership" group consisting of the Council, with the Members having specified
authority such as to make major corporate decisions that affect the continued existence
?-/t
~,:,
Council Policy
City of Chula Vista
Subject:
Policy
Number
Effective
Date
Page
No.
Use and sponsorship of non-profit organizations
in relationship to the Boards & Commissions
system of the City.
50
09-19-95
3
Adopted by Resolution No.
Dated:
of the non-profit, to elect some or all of the Board of Directors, or to approve any
modifications to the Articles of Incorporation and/or By-Laws.
2. Council to Select/Sit on Board. The Articles and By-Laws could specify that the
Council have the authority to appoint some or all of the Board of Directors, whose terms
could coincide with our existing two 4 year terms now applicable to boards and
commissions. The Articles/By-Laws could specify that at least one member of the
Council be a voting Board member. The Articles/By-Laws could specify that some or
even the entire Council are "ex-officio" Directors of the Board with the right to
participate in all Board discussions, if they wish. Alternatively, someone designated by
the Council could be specified to have such involvement.
3. Council to Approve Chane:es to Organization. Whether the Council is specified to
be Members or not, the Articles/By-Laws could specify that the Council have the
authority to approve all Articles and By-Laws, and any proposed amendments or
deletions. The Council could even be given the authority to initiate, on their own
volition, any By-Law amendments, which could not be modified by the Board.
4. Prohibition Ae:ainst Inconsistent Positions With City. A non-modifiable provision of
the Articles and By-Laws could specify that the non-profit will not engage in a mission,
purpose, goal, plan, or activity that either is inconsistent with an approved policy of the
City or is directly disapproved by the City Council.
5. Conditions of SponsorshiD. The City's continued sponsorship, including staff time,
coordination of activities, funding, use of City logo, use of City facilities, etc., could be
conditioned on compliance by the non-profit with its Articles and By-Laws or with
specified City policies.
7-/7
,<' 1
, '
\C}'
Council Policy
City of Chula Vista
Subject:
Policy
Number
Effective
Date
Page
No.
Use and sponsorship of non-profit organizations
in relationship to the Boards & Commissions
system of the City.
50
09-19-95
4
Adopted by Resolution No.
Dated:
6. Aooroval of Dissolution. The Articles and By-Laws could specify that only the
Council shall have the power to dissolve the Corporation, or that the Council would
approve such a dissolution. The Articles/By-Laws could require that, upon such dis-
solution, the assets of the Corporation shall be liquidated and the proceeds spent on the
purpose for which they were originally acquired, as the Board or Council shall direct,
but if that purpose can not be achieved directly, shall be spent for a substantially
comparable purpose as the Board or Council shall determine.
7. Public Disclosure. The By-Laws could be written so as to make the institutionalized
disclosure/ethics laws now applicable to the City applicable to their Directors, such as
the public records act, the Brown Act, the disclosure statement of economic interests,
prohibition of participating in matters where a Director has a conflict, prohibited travel,
prohibited gifts, etc.
111,_...-..,.,
7- /1:
DATE:
TO:
VIA:
FROM:
SUBJECT:
Attachment A
Item ItS.
Meeting Date 6/6/95
MEMORANDUM
June 1, 1995
1he Honorable Mayor and City counc~\
John D. Goss, City Manage~ ~ ~
Bruce Boogaard, City Attorney ~
James B. Hardiman, Fire Chief f!f~
International Friendship Commission Request for Organizational Restructuring:
Staff Recommendation
The International Friendship Commission (IFC) has submitted a request to obtain staff
assistance in forming a non-profit corporation consistent with Section 501 (c) (3) of the Internal
Revenue Code. Staff believes that the Council may have concerns regarding:
(1) The effect such a plan may have on the structure and advisory role of the Boards and
Commissions in general,
(2) The ability of the IFC to represent the City as an independent corporate body, and
(3) The need for a 501 (c) (3) status to receive tax free donations, since the City, as a
corporation, already qualifies as a 501 (c) (3) entity.
Therefore, it is recommended that the Council refer this matter to staff to return with a report and
recommendation after meeting with representatives form the International Friendship
Commission.
ChU'j;;7BPe;m:;1 )7 -:20
I
MEMORANDUM
.
DATE:
TO:
FROM:
RE:
27 April 1995
city council
Suzanne Ramirez, IFC Chair
Report to Council re organizational structure
Sister city programs are generally structured in one of three ways:
association, city commission, corporation. It appears that from its
inception, Chula Vista's program has operated through a city
commission--the IFC. Sister Cities International recommends the
corporate structure with a 501 (C) (3) tax exempt status. The
corporate status provides certain benefits, to wit: limitation of
liabili ty, and increased ability to raise funds. Even before
learning that SCI highly recommends the corporate structure, the
members of the IFC had come to believe it is time to consider
incorporation of Chula Vista's sister city program.
Contact was made with both the City of San Diego and El cajon to
learn about their programs' structures. Our chair spoke with
Marilyn Lynn (441-1761) in the El cajon City Clerk's office. She
has been involved with the EI Cajon program for many years and, in
fact, has served as the president of their sister cities
organization. From the inception of their program, their sister
city program was run by an organization separate from the city.
However, their mayor was an active member of the organization.
Their sister city program historically has received some money and
in-kind donations (such as use of city facilities) from the city.
They are now incorporated and have a SOl (C) (3) tax exemption. They
currently have four (4) sister cities. They are paired with cities
in Mexico, Australia, Germany & the Ukraine. Ms. Lynn reports that
activities wax and wane in the various cities.
Re San Diego, our chair spoke with Karen Rohrbauch (236-6330). She
is Mayor Golding's deputy chief of protocol. Ms. Rohrbauch
indicated San Diego's program began and expanded with the formation
of various independent sister city committees. The Charter assigns
to the International Affairs Board responsibility for oversight of
the sister cities program, among its other duties. Apparently
there were some problems with the lack of coordination between the
various committees and perhaps vis a vis the city, also. So, in
1993, San Diego formed San Diego Sister cities Corporation, a non-
profit corporation. It now serves as the umbrella entity for all
of the sister city committees. Ms. Rohrbauch described their
current status as being "in transition because of its recent non-
profit status". The corporation receives TOT funds ($5000 in FY94
p-~ ?~02-1
.
and $10,000 in FY95). It is staffed by a part-time executive
director who is housed in a City office.
As you are aware, the IFC has a minimal budget. It is a nine (9)
member commission which has been charged with responsibilities much
too onerous for nine part-time volunteers. More community
involvement is needed. And additional funding sources are needed.
It is virtually impossible to gain donations for the City of Chula
vista. It is believed that obtaining donations and volunteer
assistance would be easier if the program were operated in the form
of a non-profit corporation. It would be easier to organize
activities, especially those requiring a flurry of last-minute
activity, without the restrictions of the Brown Act (which would be
inapplicable to the non-profit). with fundraising and much of the
labor intensive work of the sister cities program being done by the
non-profit, it is anticipated that the IFC could strengthen its
role in other areas of international friendship in addition to
overseeing Chula Vista's sister cities activities.
We are addressing you at this time to seek your endorsement for the
formation of a non-profit corporation for Chula Vista's sister city
programs. Should you agree with us that this is advisable, we ask
that you direct that staff be assigned to assist in this process.
Legal advice will be needed from the City Attorney or his designee.
Staff assistance will also be necessary to determine the ideal
division of responsibility between the newly-forming non-prof it
corporation, the existing IFC and the City Council. Legal
documents will need to be drafted and filed. For this, too, we
seek the assistance of the City Attorney or his designee, or, iL it
is more economical to do so, we ask your permission to expend IFC
and/or city funds to hire outside counsel to draft and file the
documents. Be advised that sister cities International has
provided us with a prototype document, and that we have asked both
El cajon and San Diego to share their documents with us. Thus, the
City Attorney would not need to "start from scratch".
A representative of the IFC will appear before you to answer any
questions you may have concerning this report and the issue it
presents.
~ 7'~)-
Attachment B
".
Minut""
June 6, 1995
Page 5
Councilmember Rindone stated a retired judge was the second option and as a third option, a retired judge with
compensation,
Mr. Boogaard stated that could be an option but it was not reconunended because the condition of the City's
financial picture and also because it was only a reconunendation that the Council could ignore.
Councilmember Rlndone felt that was better than the Council being involved because the Council should stay oul
of the appointment process 100%.
Mr. Boogaard stated the Council had to do the appolOtment and thejudge"euredJudge only maue recommendations.
Counciimem~r Alevy stated if then:: wa.. an option that a ftltirt:d judge l.:oulJ acc~pt comp~nsatjon he felt once it
had ~n done it would ~ t:stahl1shing a pr~c:Jent. Therefore, he tdt compensation should not be incluJed.
Council member Rinuone slat~ It may not be as large a prohlem as imagin~ b~ause Council was not Ilnutc.d to
a field of judges from just the South Bay courts, they could utilize retired judges throughout the county.
MSC (Rindone/Alevy) to place Ordinance 2630 (Exhibit B) on first reading, passed and approved 4-0-1 with
Padilla absent.
12. REPORT ORGANIZATIONAL RESTRUCTURING OF THE INTERNATIONAL
FRIENDSHIP COMMISSION (IFC) - The IFC currently operates as a City commission and IS requesting that
Council consider restructuring the IFC as a non-profit corporation. The IFC recommends that Council accept the
report and refer to staff. (International Friendship Commission)
. Suzanne Ramirez, 139 Fifth Avenue, Chula Vista, CA, Chair, International Friendship Commission, stat"';
the IFC did not have a strong feeling on how it would be set up, but wanted assistance of staff. Sbe did not feel
they wanted to make the IFC .tsell an non-profit corporation but to _lIow the IFC, working WIth the City, to assist
in the formation of a non-prolit corporation that would work with the IFC. How the lhree entities would work was
why they were asking for assistance from stoff. She strongly recommended the formation of a non-profit in order
to obtain grants, donations. etc. and to get volunteers involved. If approved by Council the IFC would request the
City Manager appoint the City Attorney to assist in the formation of the non-profit corporotion.
Mr. Boogaard statoo h~ Was conc~m<<l that the:rt: was a treno to move: th~ boarJ/conunil:ision structur~ to a non~
profit corporation entity structure. In his opinion it was disadvantagdOus from a governmental perl:ipective because
the CHy would lose its authority to control hasic policy making d<<:A.:islons. From a nt:e.d perspective th~ City
qualified as a tax-exempt charity so the donations to the City could be tax deductible to the contributor. The City
would lose the spending authority over money raised. Formation of a non-profit entity would give the board of
directors authority as to timing of the monies. Staff would also have a bifurcated sense of loyalty if there was a
difference of opinion between the City and the non-profit entity. It was strictly a philosophical difference of opiOlon
of government. He requested that Council express as a policy of the City that they did not want to allow the
proliferation of non-profits and wanted to keep the control the board/comnusslOn structure currently had.
Ms. Ramirez stated one of the reasons they discussed non-profit status was that International Sister Cities was in
favor of using the non-profit set-up because it worked very effectively. It was her understanding that both EI Cajon
and San Diego operated as non-profits. The reality was that the IFC needed funds and they were extremely limited
in what they could do when visiting dignitaries were in Chul_ Vista. They were not going to get the volunteers or
donations as long as the IFC was part of the City. They had tried in the past and it was not going to happen. The
IFe would still function in th. same capacity with the Council, the non-protit would work through the IFC, and
the IFC _nd Council would perform the official functions. The IFC would not be able to put on a lest ivai os
suggest~ by Council JUt:: to budgetary constraints and lack of personnd hut a non-profit may ~ ahle to do that.
7--,;23
I ,.
cc<C)
Minutes
June 6, 1995
Page 6
"
Councilmember Rindone stated the need for fund raising was understood and supported by Council but noted that
the members of tbe IFC did not need Council's approval to form a non-profit organiution. He felt it would benefit
the City directly and indirectly,
Ms. Ramirez stated that was her recommendation. The IFC preferred that the Cily know what they were doing and
give staff assistance in selling up Ihe non-profit entity.
Councilmember Moot felt it was an excellent idea and was a good way to solve the problem. Some of the concerns
expressed by tbe City Allomey could be controlled Ihrough the by-laws,
illS (HortonlRindone) to accept the report and refer the issue to staff for recommendlllions back to Council.
Mr. Boogaard stated if thai was Ih" con..,nsus of the Council it would hdp if Council would give dir<'Clion 10 staff
to work with the IFC 10 form a non-profit organiution.
Mayor Horton stateu she wanted to ~ thl:: staff rccommt:nJations.
VOTE ON MOTION: approved 4-0-1 with Padilla absent.
.......... ... ...
Council met in Closed Session at 7:33 p.m. to discuss Labor Negotiations and roconvened at 7:49 p.m.
.*........
13. REPORT NAMING OF THE GALLERY SPACE AT THE SOUTH CHULA VISTA
LIBRARY - The Library Board of Trustees and the Friends of the Chula Vista Library are requesting that the
gallery space at the South Chula Vista Library be named for Rosemary Lane, former Library Diroctor. (Library
Board of Trustees and Friends of the Chula Vista Library)
. Peggy Donovan, 243 East James Street, Chula Vista, CA, representing the Library Board of Trustees,
stat<OJ it was the consensus of Ihe Board that the gallery at the South Chula Vista Lihrary be named to honor
Rosemary Lane, former Library Diroctor, Mrs. Lane setlhe wheels in motion I(Jr Ihe EastLake Public Library and
the South Chula Vista Library. Du" to ber progressive vision the South Chula Vista Library was an exciting,
inviting, and creative island.
MSC (Rindone/Horton) to accept the recommendation of the Litlrary Board of Trustee; and name the gallery
al the South Chula Vista Library after Rosemary Lane, former Library Director. Approved 4-0-1 with
Padilla absent.
ACTION ITEMS
14.A. RESOLUTION 17917 INTENTION TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREME!I.'T SYSTEM AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA (Administration)
B, ORDINANCE 2632 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN
THE CITY OF CHULA VISTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM /Urnenrv and first readin!!)
Mr. Goss clarified Ihalthe item was negotiated per the guidelines provided to staff and sbould be made clear that
what was before Council was an initial sttp that would he part of tht: implementation of th( tent"tivc agr~ment that
Il<lJ ht;cn rt:al,;h~ with the:: nc~otialing teams, i.t;, \\Icstcrn Council of Engincc:rs (WeE) anJ ('hula Vista Employees
ASSOCiation (CVEA). It hall bc:cn agrc:oo l.:.pon hy the;: negotiating c()mmiU~e and thcy still n~~ to go to thc:ir
?-~r
-
.
DHAt- I
~
MINUTES OF REGULAR MEETING
INTERNATIONAL FRIENDSHIP COMMISSION
CITY OF CHULA VISTA, CALIFORNIA
Attachment C
June 26, 1995 4:05 P.M.
MEMBERS PRESENT: Lawrence Breitfelder, Paul Catanzaro, Carol Dysart, Fran
Larson, Suzanne Ramirez, Nancy Taboada (Arriving late
was Carol Dysart 4:38 PM)
MEMBERS ABSENT: James Baker, excused (sick); Terry Thomas, excused (out
of town); Amira Walker, excused (had to work).
NEW MEMBER: Fran Larson was introduced to the Commission and asked
to tell a little about herself. Welcome Fran.
MINUTES: MSU (Catanzarorraboada) To approve the minutes of the
Regular Meeting of May 22, 1995.
URGENT MATTER
Amira Walker expressed a desire to attend the Multi-Cultural Trade Show on Friday,
( July 28, 1995. The lunch seminar is $15.00.
MSU (Catanzaro/ Taboada) That the Multi-Cultural Trade Show was an urgent matter.
MSU (Catanzaro/Larson) To approve Amira Walker to attend the Multi-Cultural Trade
Show and for her to register herself and submit a written report and receipt for
reimbursement.
REPORT FROM CHAIR
The Chair asked that an updated list of Commissioners be sent to Sister Cities
International. This is something that is done when the new years dues are payed.
Terry Thomas and Suzanne Ramirez will be going off the Commission so there will be
two vacancy's.
Chair asked each member to give her a list of there accomplishments so she can put
together a report for the end of the year.
The Chair will pass her note book to the next Chair.
, Suzanne made the suggestion that everyone start making notes of what they are
suppose to do before the next meeting.
7- ,L~
. .
UNFINISHED BUSINESS
A. Teacher For Odawara - A selection has been made for the position of teacher his
name is Greg Goldman. Odawara has approved.
B. Archives - The Archives have been given to the library and have been
referenced.
Terry Thomas will be at next months meeting to tum over what ever else she
has.
C. Argentina - Ricardo Marentez is not here 30 will wait to see if he comes.
D. Consideration of council action and memo from City attomey regarding formation
of a non-profit corporation. This will be tabled until about 5:30 when the City
Attorney will be here to answer any questions.
E. Mailing List Update - Carol Dysart is working on it.
F.
Grant Writing & ProfessionalfTechnical Exchanges - Looking into a trilateral
grant between Irapuato, Odawara and Chula Vista. Larry Breitfelder has spoken
briefly with Paula Brown at the Library about a Library Science exchange. He
will be meeting with her again.
(
G. Fund Raising/Publicity - Paul Catanzaro has had a meeting with the principals of
Z-90 and is to have a meeting with their public relations person about a Friends
of Mexico Fiesta. More information to come.
H. LogisticslResource Binder - James Baker could not attend the meeting but did
drop by a couple of packets that he had received from Jeri Gulbransen. These
can be obtained from her when ever we have visitors to the city.
I. Russia - A fax was received from Alexander Gorev, Regional Director,
NIS/Eastern Europe, Sister Cities International. The letter is concerning his
meeting with Mayor Litvinov of Ussuriisk who is in the US at this time but unable
to visit Chula Vista this trip. He conveyed that Ussuriisk was ready to host a
delegation from Chula Vista in the second half of July and that Ussuriisk will be
ready to send a delegation to Chula Vista in August, 1995. After much
discussion it was decided to send a fax to Mayor Litvinov that we are not
prepared to accept his invitation to send a delegation to visit in July and by the
same token, we are not able to receive a large delegation in August.
D
Consideration of council action and memo from City Attorney regarding formation
of a non-profit corporation - This item is being taken at this time for the
convenience of the City Attorney. The memo from Attorney Boogaard was
(
') -,.zt
C:'
'--
included in the packets. Attorney Boogaard is against the formation of a non-
profit corporation so this meeting was for the Commission and the Attorney to
discuss the possibilities.
Attorney Boogaard listed 7 proposed condition if non-profits are to be used. The
Commission was having a hard time accepting the conditions and he asked them
to discuss them between themselves and get back with him.
By the end of the meeting Attorney Boogaard had a different out look on the
possibility of forming a non-profit organization and the two will meet again at a
latter date.
MSU (CatanzarofTaboada) To appoint Larry Breitfelder as the Chair of a one
person committee to marshall this non-profit corporation through the City
Attorney's office if necessary and to present the views of the IFC before the City
Council.
J.
Schools/Student Exchange - Nancy Taboada gave a report on the students
going to the Tokimeiki Youth Exchange. 5 students have been selected to
attend the Tokimeiki School. The group will be leaving on July 17 for Odawara
and returning on July 31st.
(
MSU (BreitfelderlDysart) To allow expenditure of up to $100.00 for purchase of
T-Shirts for the youth ambassadors to take to Odawara.
MSU (Breitfelder/Dysart) to reimburse Nancy Taboada up to $30.00 upon her
giving a receipt for the book "Daily Japanese Words & Phrases".
Due to the time 6:35 P.M. the secretary had to leave. The meeting was recorded on
tape.
NEW BUSINESS
A. Election of Officers for FY 95/96
Suzanne Ramirez nominated Larry Breitfelder for Chair, seconded by Nancy
Taboada.
Vote: Yes: Breitfelder, Catanzaro, Dysart, Larson, Ramirez,
Taboada
No: None
(
Absent: Baker, Thomas, Walker
7---,2 ?
Motion passed, Larry Breitfelder is Chairman for the next year.
~
Larry Breitfelder nominated Nancy Taboada for Vice-Chair, seconded by
Suzanne Ramirez.
Vote: Yes: Breitfelder, Catanzaro, Dysart, Larson. Ramirez.
Taboada
No: None
Absent: Baker, Thomas. Walker
Motion passed, Nancy Taboada is the Vice-Chair for the next year.
Suzanne Ramirez nominated Fran Larson for Secretaryrrreasure
(No one turned the tape over and as the secretary had to leave no more minutes can
be processed they will need corrected at the next regular meeting)
(
cK~
Lorraine Alexander. Secretary
(
7~~Y
r '.'
;"!
Attachment D
ARTICLES OF INCORPORATION
OF
CHULA VISTA POLICE ACTIVITIES LEAGUE
Article I--Name
The name of this corporation is Chula vista Police Activities
League.
Article II--Nature and Purpose of Organization
A. This corporation is a nonprofit public benefit corporation and
is not organized for the private gain of any person. It is
organized under the Nonprofit Public Benefit Corporation Law for
public and charitable purposes.
B. The specific purposes for which this corporation is organized
include, but is not limited to: assist young persons between the
ages of 5 and 22 years of age living in, attending school in, or
otherwise interacting in, the City of Chula Vista, and its
surrounding community, in making life choices aga.;.nst the use of
illegal drugs or the association with violence-oriented or drug-
prone gangs or other peers, and for improvement of intellectual,
physical, creati"e and social skills by using Chula vista Police
Officers and other Chula vista Police Department employees as role
models, teachers, mentors, and associates.
Article III--Agent for Service of Process
The name and address in the State of California of this
corporation's initial agent for service of process is:
Name: Richard Emerson,
Chief of Police
Address: City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
m:\s\a\palartS.wp Police Activities League, Articles
September 28, 1995 Page 1
? ~ ';;.}
.,rj
Article IV--Limitations of Powers of Corporation
A. The corporation is organized and operated exclusively for
public and charitable purposes within the meaning of section
501{c) (3) of the Internal Revenue Code.
B. Notwithstanding any other provisions of these Articles, the
corporation shall not carryon any other activities not permitted
to be carries on (1) by a corporation exempt from federal income
tax under section 501(c) (3) of the Internal Revenue Code or (2) by
a corporation contributions to which are deductible under section
170{c) (2) of said Code, or the corresponding provisions of any
future statute of the United states.
C. No substantial part of the activities of this corporation
shall consist of carrying on propaganda or otherwise attempting to
influence legislation; nor shall the corporation participate or
intervene in any political campaign (including the publishing or
distribution of statements) on behalf of any candidate for public
office.
Article V--Members
The Corporation shall have five (5) members, all of which
shall belong to a single class, to wit: the Chula vista City
Council. The five (5) members shall be the four (4) councilmembers
of the Chula Vista city Council and the Mayor of the City of Chula
vista. The term of each member shall be coterminous with their
Office as a Chula vista City Councilperson or Mayor. There shall
~ no consideration charged for memberships. The memberships are
n~n-transferrable. Membership terminates upon loss of Office as a
Councilmember or Mayor, including loss of Office due to death.
There shall be no other class of members, and no other
members, unless the Board of Directors shall otherwise specify in
the Bylaws approved by the Council, and then, such members shall
have such rights as may be specified by the Board in the By-Laws.
Article V--Board of Directors
The Chula Vista Police Activities League shall be governed by
a Board of Directors consisting of such number and selected in such
manner as may be specified in the By laws.
Article VI--Executive Committee
The By-Laws may specify that the powers of the Board of
Directors may be delegated to an Executive Committee composed of
such members of the Board as may be specified in the By-Laws.
m:\s\a\pa1art5.wp
September 28, 1995
Police Activities League, Articles
Page 2
7- 3 t?
Article VII--Dissolution of Trust
A. The property of this Corporation is irrevocably dedicated to
the public and charitable purposes for which it is formed, and no
part of the net income or assets of the corporation shall ever
inure to the benefit of any director, trustee, member or officer of
this corporation, or to any private person.
B. Upon the dissolution of the corporation, any assets remaining
after payment of, or provision for payment of, all debts and
liabilities shall be distributed to the City of Chula Vista, a
governmental entity described in Section 170(b) (1) (A) (v) of the
Internal Revenue Code, or to some other governmental entity so
described as may be selected by the City of Chula Vista, or a non-
profit fund, foundation, or corporation as may be selected by the
City of Chula vista which is organized and op,erated exclusively for
charitable or public purposes, which has-' established its tax
exempt status under section 501(c) (3) of the Internal Revenue Code,
and which is qualified to receive "qualified conservation
contributions" within the meaning of Section 170(h) of said Code,
or the corresponding provisions of any future statute of the United
States.
C. In the event of a liquidation of this corporation, all
corporate assets shall be disposed of in such a manner as may be
directed by the court consistent with applicable provisions of the
Corporations Code.
Article VIII--Amendments to Articles and By Laws
Any amendment to the Articles and such By-Laws as may be
promulgated by the Board may only be effective upon approval by the
members.
(end of page. Next page is signature page)
1. Steve, you proposed insertion of the word "been" at this point.
Please rethink this with me.
m:\s\a\palart5.wp Police Activities League, Articles
September 28, 1995 Page 3
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IN WITNESS WHEREOF, the undersigned, being the Incorporators of the
Chula vista Police Activities League named in these Articles of
Incorporation, have executed these Articles of Incorporation on
INCORPORATORS
Richard P. Emerson,
Chief of Police,
City of Chula Vista,
Incorporator
Donald Wayne Hunter,
Sergeant, Juvenile Division,
Chula vista Police Department
Incorporator
Shirley Horton, Mayor,
City of Chula vista
Incorporator
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Police Activities League, Articles
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DECLARATION
We are the persons whose names are subscribed below. We
collectively are all of the incorporators of Chula Vista Police
Activities League named in the Articles of Incorporation, and we
have executed these Articles of Incorporation. The foregoing
Articles of Incorporation are our act and deed, joint and
severally.
Executed on
, at Chula Vista, California.
We, and each of us, declare that the foregoing is true and correct.
Richard P. Emerson,
Chief of Police,
City of Chula Vista,
Incorporator
Donald Wayne Hunter,
Sergeant, Juvenile Division,
Chula vista Police Department
Incorporator
Shirley Horton, Mayor,
city of Chula vista
Incorporator
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Police Activities League, Articles
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Attachment E
BY-LAWS
OF
CHULA VISTA POLICE ACTIVITIES LEAGUE
ARTICLE I
NAMES, PURPOSES AND PRINCIPAL OFFICE
section 1.1
Name.
The name of this corporation is Chula Vista Police Activities
League.
Section 1.2
Purposes.
The corporation is organized under the Nonprofit Public
Benefit Corporation Law of California exclusively for charitable
and educational purposes, within the meaning of section 501(c) (3)
of the Internal Revenue Code of 1954.
The specific purposes for which this corporation are organized
include, but is not limited to: assist young persons between 5 and
22 years of age living in, attending school in, or otherwise
interacting in, the City of Chula Vista, and its surrounding
community, in making life choices against the use of illegal drugs
or the association with violence-oriented or drug-prone gangs or
other peers, and for improvement of intellectual, physical,
creative and social skills by using Chula Vista Police Officers and
other Chula vista Police Department employees as role models,
teachers, mentors, and associates.
section 1. 3
Principal Office.
The principal office of this corporation shall be located in
the City of Chula Vista, State of California, at an address to be
established by resolution of the Board of Directors.
ARTICLE II
MEMBERSHIP
The corporation shall have five (5) members, all of which
shall belong to a single class, to wit: the Chula vista city
Council. The five (5) members shall be the four (4) councilmembers
of the Chula Vista City Council and the Mayor of the City of Chula
Vista. The term of each member shall be coterminous with their
Office as a Chula vista city Councilperson or Mayor. There shall
be no consideration charged for memberships. The memberships are
non-tranRferrable. Membership terminates upon loss of Office as a
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7
Councilmember or Mayor, including loss of Office due to death.'2
There shall be no other class of members, and no other
members, unless the Board of Directors shall otherwise specify in
the Bylaws approved by the Council, and then, such members shall
have such rights as may be specified by the Board in the By-Laws.
AR'l'ICLE III
BOARD OF DIRECTORS
section 3.1
Powers.
This corporation shall have powers to the full extent allowed
by law. All powers and activities of this corporation shall be
exercised and managed directly by the Board.
section 3.2
Number of Directors.
The Chula vista Police Activities League shall be governed by
a Board of Directors consisting of 30 persons.
The Directors shall not be elected by the members,3 but shall
be designated as to their numbers, representative capacities, vot-
ing rights, and such other rights which may from time to time be
lWithout members, the existing Board has the state-granted
power to amend the Articles and By Laws (Section 5310(b)). This
would permit the Board to reform the power distribution. For
example, it is theoretically possible for a group of Directors to
get together and vote to amend the By-Laws to perpetuate their own
office for life. This can be accomplished by creating a single
membership to be jointly exercised by the City Council. This will
give them the instant power to make structural changes as they deem
appropriate. This will require the City Council to conduct
memberShip meetings once in a great while to vote on changes to the
Articles and By Laws, etc. Membership normally confers the power
to vote for the election of directors except when the directors are
specified by the Charter, on the disposition of all or
substantially all of the assets of the corporation, and on
amendments to the Articles and ByLaws.
20nce members have been admitted, a bylaw amending the number
or power of directors will require member vote (section 5151(b).
3This provisions will avoid having annual director election
meetings, and will permit, as much as possible, the business of the
trust to be carried on as it has in the past, despite the admission
of members.
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established and amended at the discretion and majority vote of the
Board of Directors or the Members as herein permitted. In the
absence of such alternative designation, the Board will consist of
the following 30 seats, numbered according to the number adjacent
to said seat description:
1. The Chief of Police of the City of Chula vista, or
his/her designee from among the management of the
Chula vista Police Department, who will also serve
as Chairperson;
2. The Mayor of Chula vista or his/her designee from
among the remaining members of the city Council;
3. a Councilperson of the City Council of the City of
Chula vista selected by the majority vote of the
remaining four councilpersons;
4. The Superintendent of the Sweetwater Union High
School District, or his/her designee from among the
management of the School District;
5. The Superintendent of the Chula vista Elementary
School District, or his/her designee from among the
management of the School District;
6. The Executive Director of South Bay YMCA, or
his/her designee from among the management of the
South Bay YMCA;
7. The Director of the Chula Vista Boys and Girls
Club, or his/her designee from among the management
of the Boys and Girls Club;
8. The Executive Director of the South Bay community
Services, or his/her designee from among the
management of the South Bay Community services;
9. The President of Southwestern College, or his/her
designee; or his/her designee from among the
management of the College;
10. A member of the otay Committee' selected by the
majority vote of its Board of Directors;
11. The Director of Parks and Recreation of the City of
Chula Vista;
12. The Chief of the Fire Department of the City of
Chula Vista, or his/her designee;
13. The Sergeant of Juvenile Division in Investigative
Services of the Chula vista Police Department;
14. A judge serving at the South Bay Branch Courthouse
in the capacity of Supervising Judge of the South
Bay Judicial District of the San Diego County
Superior Court, or his/her designee from among the
members of the South Bay Judicial District Bench;
15. A judge serving at the South Bay Branch Courthouse
'Check on official title or name.
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Bylaws of Police Activities League
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selected by the Supervising Judge of the South Bay
Judicial District of the San Diego County Superior
Court, or his/her designee from among the members
of the South Bay Branch Courthouse Superior Court
Bench; .
16-30. Community members at large, from Chula vista,
appointed by the Chief of Police effective upon
ratification by those members of the Board of
Directors holding offices represented by Seats
numbered 1 through 15, to represent the interests
of the youth.
Special provisions apply to the following numbered seats:
None.
Section 3.3
Term of Office of Directors
The term of non-specific directors capable of being selected
among from among a group of potential seat holders shall be for 4
years. All other directors shall serve for so long as they hold
the Office which qualifies them for a seat on the Board.
section 3.3.1 Each director shall hold office until the
expiration of the term for which appointed, and until a successor
has been appointed or elected.
Section 3.3.2 Appointed directors may be removed at any
time by the appointing power during their term.
section 3.4
Meetinqs.
The meetings of the Board of Directors shall be open to the
public and held in accordance with the Ralph M. Brown Act,
Government Code section 54950 et seq.
Section 3.5
Annual Meetinq.
The annual meeting of the Board of Directors shall be held on
the second Wednesday of April of each year.
Section 3.6
Reqular Meetinqs.
The Board of Directors, by resolutions, may establish a
schedule of regular monthly meetings of the Board of Directors, but
in the absence of any further resolution of the Board, the second
Wednesday of every month shall be the regular monthly meeting of
the Board.
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section 3.7
Special Meetinqs.
Special meetings of the Board of Directors may be called by
the chairperson, or by any two (2) directors, by written notice
delivered personally as well as by telephone or telegraph to each
of the directors, or mailed by first class mail at least four (4)
days or more prior to any such meetings. The notice shall state
the time, place, and subject matter of such special meeting.
section 3.8
Quorum.
Nine of the directors then in office shall constitute a quorum
for the transaction of business, except to adjourn as provided in
section 3.11 of this Article III. Every act or decision by a
majority of the directors present shall be regarded as the act of
the Board of Directors, subject to the provisions of the California
Nonprofit Public Benefit Corporation Law including, without
limitations, those provisions relating to (i) approval of contracts
or transactions in which a director has a direct or indirect
material financial interest, (ii) creation of and appointments to
committees of the board, and (iii) indemnification of directors.,
A meeting at which a quorum is initially present may continue to
transact business, notwithstanding the withdrawal of directors, if
any action taken is approved by at least a majority of the required
quorum for that meeting
section 3.9
Adiournment.
Those directors present, whether or not constituting a quorum
may adjourn any meeting to another time and place. Notice of the
time and place of holding an adjourned meeting need not be given,
unless the meeting is adjourned for more than 24 hours, in which
case personal notice of the time and place shall be given before
the time of the adjourned meeting to the directors who were not
present at the.time of the adjournment.
section 3.10
Standard of Care.
A. General. A director shall perform the duties of a
director, including duties as a member of any committee of the
board on which the director may serve in good faith, in a manner
such director believes to be in the best interests of this
corporation, and with such care, including reasonable inquiry, as
an ordinarily prudent person in a like situation would use under
similar circumstances.
In performing the duties of a director, a director shall
be entitled to rely on information, opinions, reports or statements
including financial statements and other financial data, in each
case prepared or presented by:
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i' I
(1) One
whom the director
matters presented;
or more officers or employees of the corporation
believes to be reliable and competent in the
,
(2) Counsel, independent accountants or other persons as
to matters which the director believes to be within such person's
professional or expert competence; or
(3) A committee of the board upon which the director
does not serve, as to matters wi thin its designated authority,
which committee the director believes to merit confidence, so long
as in any such case, the director acts in good faith, after
reasonable inquiry when the need therefor is indicated by the
circumstances and without knowledge that would cause such reliance
to be unwarranted.
A person who performs the duties of a director in
accordance with the foregoing shall have no liability based upon
any failure or alleged failure to discharge that person's
obligations as a director.
B. Non-Liabilitv of Directors.
be personally liable for the debts,
obligations of the corporation.
The directors shall not
liabilities, or other
C. Indemnification bv Corporation of Directors.
Officers. Emplovees and Other Aqents. To the extent that a person
who is, or was, a director, officer, employee or other agent of
this corporation has been successful on the merits in defense of
any civil, criminal, administrative or investigative proceeding
brought to procure a judgement against such person by reason of
fact that he or she is, or was, an agent of the corporation, or has
been successful in defense of any claim, issue or matter, therein,
such person shall be indemnified against expenses actually and
reasonable incurred by the person in connection with such
proceeding.
If such person either settles any such claim or sustains
a judgment against him or her, then indemnification against
expenses, judgments, fines, settlements and other amounts
reasonably incurred in connection with such proceedings shall be
provided by this corporation but only to the extent allowed, by and
in accordance with the requirements of Section 5238 of the
California Nonprofit Public Benefit Corporation Law.
D. Insurance for Corporate Aqents. The corporation
shall have the right to purchase and maintain insurance to the full
extent permitted by law on behalf of any agent of the corporation,
including a director, off icer, employee or other agent of the
corporation, against any liability asserted against or incurred by
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any officer, director, employee, or agent
arising out of the officer's, director's,
status as such.
in such capacity or
employee's or agents
section 3.13
Prohibited Transactions.
A. Loans. This corporation shall not make any loan of
money or property to or guarantee the obligation of any director or
officer; provided, however, that this corporation may advance money
to a director or officer of this corporation for expenses
reasonably anticipated to be incurred in performance of the duties
of such officer or director so long as such individual would be
entitled to be reimbursed for such expenses absent the advance.
B. In addition to the above prohibition, the actions of
a director or officer shall comport with all applicable provisions
of the Corporations Code, Government Code and the Public Contracts
Code.
section 3.14
Compensation.
At all times, no director shall be a person who has been
compensated, within the previous twelve months, by this corporation
for services performed for this corporation. In this Section, the
term "persons" includes individuals related by blood or marriage.
ARTICLE IV
COMMITTEES
section 4.1
Committees of Directors.
The Board of Directors may designate one (1) or more
committees, each consisting of three (3) or more directors to serve
at the pleasure of the board. Appointments to all committees shall
be made by a majority of the directors voting. Any committee, to
the extent provided in the board resolution, shall have all the
authority of the board, except that no committee, regardless of
board resolution may:
A.
committee;
Fill vacancies on the Board of Directors or on any
B. Expend any corporate funds for any purpose without
the express authorization of the Board of Directors;
C. Amend or repeal bylaws or adopt new bylaws;
D. Amend or repeal any resolution of the Board of
Directors which by its express terms is not so amendabld or
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Bylaws of Police Activities League
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repealable;
E.
Directors.
Appoint any other committees of the Board of
section 4.2
Meetinqs of Committees.
Meetings and actions of committees shall be governed by
and held and taken in accordance with the provisions of Article III
of these bylaws concerning meetings of directors, with such changes
in the context of those bylaws as are necessary to substitute the
committee and its members for the Board of Directors and its
members. Minutes shall be kept of each meeting of any committee
and shall be filed with the corporate records. The Board of
Directors may adopt rules for the governance of any committee not
inconsistent with the provisions of these bylaws.
ARTICLE V
OFFICERS
section 5.1
Officers.
The officers of this corporation shall be selected from
the members of the Board for the positions of chairperson, vice-
chairperson, secretary and treasurer. The corporation may also
have, at the discretion of the directors, such other officers as
may be appointed by the directors. Any number of offices may be
held by the same person, except that neither the secretary nor the
treasurer may serve concurrently as the chairperson of the
board.
The chairperson shall be the Chief of Police of the city
Chula Vista, or his or her designee, from among the management of
the Police Department.
section 5.2
Election.
The officers of this corporation, with the exception of
the chairperson, shall be chosen annually by the directors, and
each shall serve at the pleasure of the board, subject to the
rights, if any, of an officer under any contract of employment.
The officers of the corporation shall be elected at the annual
meetings.
section 5.3
Removal.
Subject to the rights, if any, of an officer under any
contract of employment, any off icer, with the exception of the
chairperson, may be removed as an officer by a majority vote of the
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Board of Directors pursuant to applicable law.
section 5.4
Resiqnation.
An officer may resign at any time by giving written
notice to this corporation. The resignation shall take effect at
the date of the receipt of that notice or at any later time
specified by that notice, and unless otherwise specified in that
notice, the acceptance of the resignation shall not be necessary to
make it effective. Any resignation is without prejudice to the
rights, if any, of this corporation under any contract to which the
officer is a party.
section 5.5
Vacancies.
A vacancy in any office for any reason shall be filled in
the manner described in these bylaws for regular appointments to
that office.
section 5.6
Chairperson.
The chairperson shall be the chief executive officer of
the corporation, shall preside at all meetings of the Board of
Directors and shall, subject to control of the board, or subject 0
such other actions as the board may take, generally supervise,
direct and control the business and the officers of the
corporation.
section 5.7
vice-Chairperson.
In the absence of the chairperson, the vice-chairperson
shall preside at all meetings of the Board of Directors, and shall,
subject to the control of the board, have the powers and duties of
the chairperson.
section 5.8
Secretarv.
The secretary shall keep a full and complete record of
the proceedings of the board and committees of the board, shall
keep the seal of the corporation and affix the same to such papers
and instruments as may be required in the regular course of
business, shall make service of such notices as is required by
these bylaws or as may be proper, shall supervise the keeping of
the books of the corporation, and shall discharge such other duties
as pertain to the office or as prescribed by the directors. The
secretary shall keep or cause to be kept, at the corporation's
principal office, a copy of the Articles of Incorporation and
bylaws.
section 5.9
Treasurer.
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The Treasurer shall have charge and custody of all funds
of the corporation, shall deposit such funds in the manner required
by the board, shall keep and maintain adequate and correct accounts
of the corporations's properties and business transactions, shall
render reports and accountings as required, and shall discharge
such other duties as pertain to the office or as prescribed by the
directors. The books of account shall be open to inspection by any
officer at all reasonable times. The board may require the
treasurer to give the corporation a bond in the amount and with the
surety or sureties specified by the board for faithful performance
of the duties of the office and for restoration to the corporation
of all of its books, papers, vouchers, money, and other property of
every kind in the possession or under the control of the chief
financial officer on his or her death, resignation, retirement, or
removal from office.
ARTICLE VI
REPORT TO DIRECTORS
section 6.1 Annual Reoort. The chairperson shall
furnish a written report within 120 days after the end of the
corporation's fiscal year to all of the directors containing the
following information:
A. The assets and liabilities, including the trust
funds, of this corporation as of the end of the fiscal year;
B. The principal changes in assets and liabilities,
including trust funds, during the fiscal year;
C.
unrestricted
year;
The revenue or receipts of this corporation, both
and restricted for particular purposes, for the fiscal
D. The expenses or disbursements of this corporation,
for both general and restricted purposes during the fiscal year;
E. The amount and circumstances of any indemnifications
or advances aggregating more than TWO THOUSAND DOLLARS (2,000.00)
paid during the fiscal year to any officer or director of the
corporation.
The annual report shall be accompanied by a report on the
corporation by independent accountants or, if there is no such
report, by the certificate of an authorized officer of the
corporation that such statements were prepared without audit from
the corporation's books and records.
Section 6.2
Insoection bv Directors.
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(
Every director shall have the absolute right at any
reasonable time to inspect the corporation's books, records,
documents of every kind and the corporation's property. The right
of inspection includes the right to copy and make extracts of
documents.
Section 6.2.1
documents of every kind
inspection by the public.
The corporation's books, records,
shall be public records available for
ARTICLE VII
AMENDMENTS
Section 7.1
Amendment of Articles of Incorooration and
Bvlaws.
Proposed amendments to this corporation's Articles of
Incorporation or Bylaws must be submitted in writing to the
directors at least one (1) month in advance of the board meeting at
which they will be considered for adoption. The vote of two-thirds
(2/3) of the directors present at any meeting, shall be required to
pass an amendment to the Articles of Incorporation or bylaws, and
must be approved by the majority vote of the members to be
effective.
ARTICLE VIII
MISCELLANEOUS
Section 8.1 Fiscal Year.
The fiscal year of this corporation shall end each year
on June 30.
Section 8.2
Coroorate Seal.
This corporation shall have a seal which shall be
specified by resolution of the Board of Directors. The seal shall
be affixed to all corporate instruments, but failure to affix it
shall not affect the validity of the instrument.
Section 8.3
Contracts.
All contracts entered into on behalf of this corporation
must be authorized by the Board of Directors.
Section 8.4
Execution of Checks.
Except as otherwise provided by law, every check, draft,
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promissory note, money order, or other evidence of indebtedness of
the corporation shall be signed by such individuals as are
authorized by the Board of Directors.
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6
Attachment A
Item I d..
Meeting Date 6/6/95
MEMORANDUM
SUBJECT:
June 1, 1995
The Honorable Mayor and City counc~\
John D. Goss, City Manage~ to ~
Bruce Boogaard, City Attorney ~
James B. Hardiman, Fire Chief flJlI--
International Friendship Commission Request for Organizational Restructuring:
Staff Recommendation
DATE:
TO:
VIA:
FROM:
The International Friendship Commission (IFC) has submitted a request to obtain staff
assistance in forming a non-profit corporation consistent with Section 501 (c) (3) of the Internal
Revenue Code. Staff believes that the Council may have concerns regarding:
(1) The effect such a plan may have on the structure and advisory role of the Boards and
Commissions in general,
(2) The ability of the IFC to represent the City as an independent corporate body, and
(3) The need for a 501 (c) (3) status to receive tax free donations, since the City, as a
corporation, already qualifies as a 501 (c) (3) entity.
Therefore, it is recommended that the Council refer this matter to staff to return with a report and
recommendation after meeting with representatives form the International Friendship
Commission.
Chu';:;?e;:;;f /7- If?
.C7
'..",:>
/
MEMORANDUM
.
DATE:
TO:
FROM:
RE:
27 April 1995
City Council
Suzanne Ramirez, IFC Chair
Report to Council re organizational structure
Sister city programs are generally structured in one of three ways:
association, city commission, corporation. It appears that from its
inception, Chula Vista's program has operated through a city
commission--the IFC. Sister cities International recommends the
corporate structure with a 501(C) (3) tax exempt status. The
corporate status provides certain benefits, to wit: limitation of
liability, and increased ability to raise funds. Even before
learning that SCI highly recommends the corporate structure, the
members of the IFC had come to believe it is time to consider
incorporation of Chula Vista's sister city program.
Contact was made with both the City of San Diego and El Cajon to
learn about their programs' structures. Our chair spoke with
Marilyn Lynn (441-1761) in the El Cajon City Clerk's office. She
has been involved with the El Cajon program for many years and, in
fact, has served as the president of their sister cities
organization. From the inception of their program, their sister
city program was run by an organization separate from the city.
However, their mayor was an active member of the organization.
Their sister city program historically has received some money and
in-kind donations (such as use of city facilities) from the city.
They are now incorporated and have a 50l(C) (3) tax exemption. They
currently have four (4) sister cities. They are paired with cities
in Mexico, Australia, Germany & the Ukraine. Ms. Lynn reports that
activities wax and wane in the various cities.
Re San Diego, our chair spoke with Karen Rohrbauch (236-6330). She
is Mayor Golding's deputy chief of protocol. Ms. Rohrbauch
indicated San Diego's program began and expanded with the formation
of various independent sister city committees. The Charter assigns
to the International Affairs Board responsibility for oversight of
the sister cities program, among its other duties. Apparently
there were some problems with the lack of coordination between the
various committees and perhaps vis a vis the city, also. So, in
1993, San Diego formed San Diego sister cities Corporation, a non-
profit corporation. It now serves as the umbrella entity for all
of the sister city committees. Ms. Rohrbauch described their
current status as being "in transition because of its recent non-
profit status". The corporation receives TOT funds ($5000 in FY94
~ ?-J/~
and $10,000 in FY95). It is staffed by a part-time executive
director who is housed in a city office.
As you are aware, the IFC has a minimal budget. It is a nine (9)
member commission which has been charged with responsibilities much
too onerous for nine part-time volunteers. More community
involvement is needed. And additional funding sources are needed.
It is virtually impossible to gain donations for the city of Chula
vista. It is believed that obtaining donations and volunteer
assistance would be easier if the program were operated in the form
of a non-profit corporation. It would be easier to organize
activities, especially those requiring a flurry of last-minute
activity, without the restrictions of the Brown Act (which would be
inapplicable to the non-profit). with fundraising and much of the
labor intensive work of the sister cities program being done by the
non-profit, it is anticipated that the IFC could strengthen its
role in other areas of international friendship in addition to
overseeing Chula vista's sister cities activities.
We are addressing you at this time to seek your endorsement for the
formation of a non-profit corporation for Chula Vista's sister city
programs. Should you agree with us that this is advisable, we ask
that you direct that staff be assigned to assist in this process.
Legal advice will be needed from the City Attorney or his designee.
Staff assistance will also be necessary to determine the ideal
division of responsibility between the newly-forming non-profit
corporation, the existing IFC and the City Council. Legal
documents will need to be drafted and filed. For this, too, we
seek the assistance of the City Attorney or his designee, or, if it
is more economical to do so, we ask your permission to expend IFC
and/or city funds to hire outside counsel to draft and file the
documents. Be advised that sister cities International has
provided us with a prototype document, and that we have asked both
El Cajon and San Diego to share their documents with us. Thus, the
City Attorney would not need to "start from scratch".
A representative of the IFC will appear before you to answer any
questions you may have concerning this report and the issue it
presents.
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Attachment B
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Minutes
June 6, 1995
Page 5
Councilmember Rindone stated a retired judge was the second option and as a third option, a retired judge with
compensation.
Mr. Boogaard stated that could be an option but it was not reconunended because the condition of the City's
financial picture and also because it was only a reconunendation that the Council could ignore.
Councilmember Rindone felt that was better than the Council being involved because the Council should stay oul
of the appointment process 100%.
Mr. Boogaard stated the Council had to do the appointment and the judge/rellred Judge only maue recommendations.
Councilmemher Alevy stated if th~re wa.s an option that a rdiced judge could accert comj)l.~nsation he felt on~e it
had heen done it would ~ estahlishing a prljC~,(.ltmt. Therefore. he t'dt compensation should not be included.
Council member Rimlone statcUlt may not be as large a problem R!') imagin~ because Council was not linutcd to
a field of judges from just the South Bay courts, they could utilize rdireti judges throughout the county.
MSC (Rindone/Alevy) to place Ordinance 2630 (Exhibit B) on first reading, passed and approved 4-0-1 with
Padilla absent,
12. REPORT ORGANIZATIONAL RESTRUCTURING OF THE INTERNATIONAL
FRIENDSHIP COMMISSION (IFC) - The lFC currently operates as a City commission and is requesting that
Council consider restructuring the IFC as a non-profit corporation. The IFC reconunends that Council accept the
report and refer to staff. (International Friendship Commission)
. Suzanne Ramirez, 139 Fifth Avenue, Chula Vista, CA, Chair, International Friendship Commission, stated
the IFC did not have a strong feeling on how it would be set up, but wanted assistance of staff. She did not feel
they wanted to make the IFC Itsdf an non-profit corporation but to allow the IFC, working with the City, to assist
in the formation of a non-protit corporation that would work with tho IFC. How the three entiti.s would work was
why they were asking for assistance from staff. She strongly reconunended the formation of a non-profit in order
to obtain grants, donations, etc. and to get volunteers involved. If approved by Council the [FC would request the
City Manager appoint the City Attorney to assist in the formation of the non-profit corporation.
Mr. Boogaard stated h~ was concerned that th~I'~ was a trend to mov~ th~ board/conunission structure to a DOOR
profit corporation entity structure. In his opinion it was disadvantageous from a governmental perspective b~ause
the City would lose its authority to control basic policy making d~isjons. From a need perspective the City
qualified as a tax-exempt charity so the donations to the City could be tax deductible to the contributor. The City
would lose the spending authority over money raised. Formation of a non-profit entity would give the board of
directors authority as to timing of the monies. Staff would also have a bifurcat~ sense of loyalty if thert~ was a
difference of opinion between the City and the non'profit entity. It was strictly a philosophical difference of opinion
of government. He requested that CounCil express as a policy of the City that they did not want to allow the
proliferation of non-prolits and wanted to keep the control the board/commissIOn structure currently had.
Ms. Ramirez stated one 01 the reasons they discussed non-profit status was that International Sister Citi.s was in
favor of using the non-protit set-up because it worked very effectively. It was her understanding that both EI Cajon
and San Diego operated as non-profits. The realily was that the [FC needed funds and they were extremely limited
in what they could do when visiting dignitaries were in Chula Vista. They were not going to get the volunteers or
donations as long as the IFC was part of the City. They had tried in the past and it was not going to happen. The
IFC would still function in the sam. capacity with the Council, the non-protit would work through the IFC, and
the IFC and Council would perform the official functions. The IFC would not be able to put on a festival as
suggested by Council uu~ to huugdary constraints and lack of personnd hut a non.protit may be ahle to do that.
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Minutes
June 6, 1995
Page 6
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Councilmember Rindone stated the need for fund raising was understood and supported by Council but noted that
the members of the IFC did not need Council's approval to form a non-profit organization. He felt it would benefit
the City directly and indirectly.
Ms. Ramirez stated that was her recommendation. The IFC preferred that the City know what they were doing and
give staff assistance in setting up the non-profit entity.
Councilmember Moot felt it was an excellent idea and was a good way to solve the problem. Some of the concerns
expressed by the City Attorney could be controlled through the by-laws.
!\is (HortonlRindone) to accept the report and refer the issue to stafT for recommendations back to Council.
Mr. Boogaard stated if that was the consensus of the Council it would help if Council would give direction to staff
to work with the IFC to form a non-profit organization.
Mayor Horton stated she wanted to See the staff recommendations.
VOTE ON MOTION: approved 4-0-1 with Padilla absent.
**"''''''''''
Council met in Closed Session at 7:33 p.m. to discuss Lahar Negotiations and reconvened at 7:49 p.m.
"'''''''...'''*
13. REPORT NAMING OF THE GALLERY SPACE AT THE SOUTH CHULA VISTA
LIBRARY - The Library Board of Trustees and the Friends of the Chula Vista Lihrary are requesting that the
gallery space at the South Chu1a Vista Library be named for Rosemary Lane, former Library Director. (Library
Board of Trustees and Friends of the Chula Vista Library)
. Peggy Donovan, 243 East James Street, Chula Visl<l. CA, representing the Lihrary Board of Trustees,
stated it was the consensus of the Board that the gallery at the South Chula Vista Library be named to honor
Rosemary Lane, former Library Director. Mrs. Lane set the wheels in motion !'Jr the EastLake Public Library and
the South Chula Vista Library. Due to her progressive vision the South Chula Vista Library was an exciting,
inviting, and creative island.
MSC (Rindone/Horton) to accept the recommendation of the Library Board of Trustee> and name the gallery
at the South Chula Vista Library after Rosemary Lane, former Library Director. Approved 4-0-1 with
Padilla absent.
ACTION ITEMS
l4.A. RESOLUTION 17917 INTENTION TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREl\ffiNT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA (Administration)
B. ORDINANCE 2632 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN
THE CITY OF CHULA VISTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM (Uruencv and first readinu)
Mr. Goss clarified that the item was negotiated per tbe guidelines provided to staff and should he made clear that
what was befor~ Council was an initial step that woulJ be part of th~ impl~mentalion of the tentative agr~rnent that
haJ hl.::-Cn r~che.d with th~ nt;gotiating teams, j,t:. Western Council of Engineers (WeE) ano Chula Vista Employees
ASSOl.:lation (CVEA). It had becn agreeJ upon hy the n~gotiating l..:ommiUec ami th~y still n~c.::ded to go to thdr
7-5/
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DRAFT
~
MINUTES OF REGULAR MEETING
INTERNATIONAL FRIENDSHIP COMMISSION
CITY OF CHULA VISTA, CALIFORNIA
Attachment C
June 26,1995 4:05 P.M.
MEMBERS PRESENT: Lawrence Breitfelder, Paul Catanzaro, Carol Dysart, Fran
Larson, Suzanne Ramirez, Nancy Taboada (Arriving late
was Carol Dysart 4:38 PM)
MEMBERS ABSENT: James Baker, excused (sick); Terry Thomas, excused (out
of town); Amira Walker, excused (had to work).
NEW MEMBER: Fran Larson was introduced to the Commission and asked
to tell a little about herself. Welcome Fran.
MINUTES: MSU (Catanzarorraboada) To approve the minutes of the
Regular Meeting of May 22,1995.
URGENT MATTER
Amira Walker expressed a desire to attend the Multi-Cultural Trade Show on Friday,
( July 28,1995. The lunch seminar is $15.00.
MSU (Catanzaro/ Taboada) That the Multi-Cultural Trade Show was an urgent matter.
MSU (Catanzaro/Larson) To approve Amira Walker to attend the Multi-Cultural Trade
Show and for her to register herself and submit a written report and receipt for
reimbursement.
REPORT FROM CHAIR
The Chair asked that an updated list of Commissioners be sent to Sister Cities
International. This is something that is done when the new years dues are payed.
Terry Thomas and Suzanne Ramirez will be going off the Commission so there will be
two vacancy's.
Chair asked each member to give her a list of there accomplishments so she can put
together a report for the end of the year.
The Chair will pass her note book to the next Chair.
r Suzanne made the suggestion that everyone start making notes of what they are
suppose to do before the next meeting.
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UNFINISHED BUSINESS
A. Teacher For Odawara - A selection has been made for the position of teacher his
name is Greg Goldman. Odawara has approved.
B. Archives - The Archives have been given to the library and have been
referenced.
Terry Thomas will be at next months meeting to turn over what ever else she
has.
C. Argentina - Ricardo Marentez is not here so will wait to see if he comes.
D. Consideration of council action and memo from City attorney regarding formation
of a non-profit corporation. This will be tabled until about 5:30 when the City
Attorney will be here to answer any questions.
E. Mailing List Update - Carol Dysart is working on it.
F.
Grant Writing & Professionalrrechnical Exchanges - Looking into a trilateral
grant between Irapuato, Odawara and Chula Vista. Larry Breitfelder has spoken
briefly with Paula Brown at the Library about a Library Science exchange. He
will be meeting with her again.
(
G. Fund Raising/Publicity - Paul Catanzaro has had a meeting with the principals of
Z-90 and is to have a meeting with their public relations person about a Friends
of Mexico Fiesta. More information to come.
H. Logistics/Resource Binder - James Baker could not attend the meeting but did
drop by a couple of packets that he had received from Jeri Gulbransen. These
can be obtained from her when ever we have visitors to the city.
I. Russia - A fax was received from Alexander Gorev, Regional Director,
NIS/Eastern Europe, Sister Cities International. The letter is concerning his
meeting with Mayor Litvinov of Ussuriisk who is in the US at this time but unable
to visit Chula Vista this trip. He conveyed that Ussuriisk was ready to host a
delegation from Chula Vista in the second half of July and that Ussuriisk will be
ready to send a delegation to Chula Vista in August, 1995. After much
discussion it was decided to send a fax to Mayor Litvinov that we are not
prepared to accept his invitation to send a delegation to visit in July and by the
same token, we are not able to receive a large delegation in August.
D
Consideration of council action and memo from City Attorney regarding formation
of a non-profit corporation - This item is being taken at this time for the
convenience of the City Attorney. The memo from Attorney Boogaard was
(
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included in the packets. Attorney Boogaard is against the formation of a non-
profit corporation so this meeting was for the Commission and the Attorney to
discuss the possibilities.
Attorney Boogaard listed 7 proposed condition if non-profits are to be used. The
Commission was having a hard time accepting the conditions and he asked them
to discuss them between themselves and get back with him.
By the end of the meeting Attorney Boogaard had a different out look on the
possibility of forming a non-profit organization and the two will meet again at a
latter date.
MSU (CatanzarofTaboada) To appoint Larry Breitfelder as the Chair of a one
person committee to marshall this non-profit corporation through the City
Attorney's office if necessary and to present the views of the IFC before the City
Council.
J.
Schools/Student Exchange - Nancy Taboada gave a report on the students
going to the Tokimeiki Youth Exchange. 5 students have been selected to
attend the Tokimeiki School. The group will be leaving on July 17 for Odawara
and returning on July 31st.
(
MSU (Breitfelder/Dysart) To allow expenditure of up to $100.00 for purchase of
T-Shirts for the youth ambassadors to take to Odawara.
MSU (Breitfelder/Dysart) to reimburse Nancy Taboada up to $30.00 upon her
giving a receipt for the book "Daily Japanese Words & Phrases".
Due to the time 6:35 P.M. the secretary had to leave. The meeting was recorded on
tape.
NEW BUSINESS
A. Election of Officers for FY 95/96
Suzanne Ramirez nominated Larry Breitfelder for Chair, seconded by Nancy
Taboada.
Vote: Yes: Breitfelder, Catanzaro, Dysart, Larson, Ramirez,
Taboada
No: None
(
Absent: Baker, Thomas, Walker
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C..Ci
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Motion passed, Larry Breitfelder is Chairman for the next year.
Larry Breitfelder nominated Nancy Taboada for Vice-Chair, seconded by
Suzanne Ramirez.
Vote: Yes: Breitfelder, Catanzaro, Dysart, Larson, Ramirez,
Taboada
No: None
Absent: Baker, Thomas, Walker
Motion passed, Nancy Taboada is the Vice-Chair for the next year.
Suzanne Ramirez nominated Fran Larson for Secretaryrrreasure
(No one turned the tape over and as the secretary had to leave no more minutes can
be processed they will need corrected at the next regular meeting)
~~
Lorraine Alexander, Secretary
7-5;
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"~I
Attachment D
ARTICLES OF INCORPORATION
OF
CHULA VISTA POLICE ACTIVITIES LEAGUE
Article I--Name
The name of this corporation is Chula Vista Police Activities
League.
Article II--Nature and Purpose of Organization
A. This corporation is a nonprofit public benefit corporation and
is not organized for the private gain of any person. It is
organized under the Nonprofit Public Benefit Corporation Law for
public and charitable purposes.
B. The specific purposes for which this corporation is organized
include, but is not limited to: assist young persons between the
ages of 5 and 22 years of age living in, attending school in, or
otherwise interacting in, the City of Chula Vista, and its
surrounding community, in making life choices against the use of
illegal drugs or the association with violence-oriented or drug-
prone gangs or other peers, and for improvement of intellectual,
physical, creative and social skills by using Chula vista Police
Officers and other Chula Vista Police Department employees as role
models, teachers, mentors, and associates.
Article III--Agent for Service of Process
The name and address in the State of California of this
corporation's initial agent for service of process is:
Name: Richard Emerson,
Chief of Police
Address: City of Chula vista
276 Fourth Avenue
Chula vista, CA 91910
m:\s\a\palart5.wp police Activities League, Articles
September 28, 1995 Page 1
7- 5'?
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Article IV--Limitations of Powers of Corporation
A. The corporation is organized and operated exclusively for
public and charitable purposes within the meaning of section
501(c) (3) of the Internal Revenue Code.
B. Notwithstanding any other provisions of these Articles, the
corporation shall not carryon any other activities not permitted
to be carries on (1) by a corporation exempt from federal income
tax under Section 501(c) (3) of the Internal Revenue Code or (2) by
a corporation contributions to which are deductible under section
170(c) (2) of said Code, or the corresponding provisions of any
future statute of the United States.
C. No substantial part of the activities of this corporation
shall consist of carrying on propaganda or otherwise attempting to
influence legislation; nor shall the corporation participate or
intervene in any political campaign (including the publishing or
distribution of statements) on behalf of any candidate for public
office.
Article V--Members
The Corporation shall have five (5) members, all of which
shall belong to a single class, to wit: the Chula vista City
Council. The five (5) members shall be the four (4) councilmembers
of the Chula vista City Council and the Mayor of the city of Chula
vista. The term of each member shall be coterminous with their
Office as a Chula vista city Councilperson or Mayor. There shall
be no consideration charged for memberships. The memberships are
non-transferrable. Membership terminates upon loss of Office as a
councilmember or Mayor, including loss of Office due to death.
There shall be no other class of members, and no other
members, unless the Board of Directors shall otherwise specify in
the Bylaws approved by the Council, and then, such members shall
have such rights as may be specified by the Board in the By-Laws.
Article V--Board of Directors
The Chula vista Police Activities League shall be governed by
a Board of Directors consisting of such number and selected in such
manner as may be specified in the By laws.
Article VI--Executive Committee
The By-Laws may specify that the powers of the Board of
Directors may be delegated to an Executive Committee composed of
such members of the Board as may be specified in the By-Laws.
m:\s\a\pa1artS.wp
September 28, 1995
Police Activities League, Articles
Page 2
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Article VII--Dissolution of Trust
A. The property of this Corporation is irrevocably dedicated to
the public and charitable purposes for which it is formed, and no
part of the net income or assets of the corporation shall ever
inure to the benefit of any director, trustee, member or officer of
this corporation, or to any private person.
B. Upon the dissolution of the corporation, any assets remaining
after payment of, or provision for payment of, all debts and
liabilities shall be distributed to the City of Chula Vista, a
governmental entity described in section 170(b) (1) (A) (v) of the
Internal Revenue Code, or to some other governmental entity so
described as may be selected by the City of Chula vista, or a non-
profit fund, foundation, or corporation as may be selected by the
City of Chula vista which is organized and op,erated exclusively for
charitable or public purposes, which has-' established its tax
exempt status under section 501(c) (3) of the Internal Revenue Code,
and which is qualified to receive "qualified conservation
contributions" within the meaning of Section 170(h) of said Code,
or the corresponding provisions of any future statute of the United
States.
C. In the event of a liquidation of this corporation, all
corporate assets shall be disposed of in such a manner as may be
directed by the court consistent with applicable provisions of the
Corporations Code.
Article VIII--Amendments to Articles and By Laws
Any amendment to the Articles and such By-Laws as may be
promulgated by the Board may only be effective upon approval by the
members.
(end of page. Next page is signature page)
1. Steve, you proposed insertion of the word "been" at this point.
Please rethink this with me.
m:\s\a\pa1art5.wp
September 28, 1995
Police Activities League, Articles
Page 3
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IN WITNESS WHEREOF, the undersigned, being the Incorporators of the
Chula vista Police Activities League named in these Articles of
Incorporation, have executed these Articles of Incorporation on
INCORPORATORS
Richard P. Emerson,
Chief of Police,
City of Chula Vista,
Incorporator
Donald Wayne Hunter,
Sergeant, Juvenile Division,
Chula vista Police Department
Incorporator
Shirley Horton, Mayor,
City of Chula vista
Incorporator
m:\s\a\palart5.wp
September 28, 1995
Police Activities League, Articles
Page 4
?-51
I
DECLARATION
We are the persons whose names are subscribed below. We
collectively are all of the incorporators of Chula vista Police
Activities League named in the Articles of Incorporation, and we
have executed these Articles of Incorporation. The foregoing
Articles of Incorporation are our act and deed, joint and
severally.
Executed on
, at Chula Vista, California.
We, and each of us, declare that the foregoing is true and correct.
Richard P. Emerson,
Chief of Police,
City of Chula Vista,
Incorporator
Donald Wayne Hunter,
Sergeant, Juvenile Division,
Chula vista Police Department
Incorporator
Shirley Horton, Mayor,
City of Chula Vista
Incorporator
m:\s\a\pa1art5.wp
September 28, 1995
Police Activities League, Articles
Page 5
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Attachment E
BY-LAWS
OF
CHULA VISTA POLICE ACTIVITIES LEAGUE
ARTICLE I
NAMES, PURPOSES AND PRINCIPAL OFFICE
section 1.1
Name.
The name of this corporation is Chula vista Police Activities
League.
section 1. 2
Purposes.
The corporation is organized under the Nonprofit Public
Benefit Corporation Law of California exclusively for charitable
and educational purposes, within the meaning of section 501(c) (3)
of the Internal Revenue Code of 1954.
The specific purposes for which this corporation are organized
include, but is not limited to: assist young persons between 5 and
22 years of age living in, attending school in, or otherwise
interacting in, the City of Chula vista, and its surrounding
community, in making life choices against the use of illegal drugs
or the association with violence-oriented or drug-prone gangs or
other peers, and for improvement of intellectual, physical,
creative and social skills by using Chula Vista Police Officers and
other Chula vista Police Department employees as role models,
teachers, mentors, and associates.
section 1. 3
Principal Office.
The principal office of this corporation shall be located in
the city of Chula Vista, State of California, at an address to be
established by resolution of the Board of Directors.
ARTICLE II
MEMBERSHIP
The Corporation shall have five (5) members, all of which
shall belong to a single class, to wit: the Chula vista City
Council. The five (5) members shall be the four (4) councilmembers
of the Chula vista City Council and the Mayor of the City of Chula
vista. The term of each member shall be coterminous with their
Office as a Chula vista city Councilperson or Mayor. There shall
be no consideration charged for memberships. The memberships are
non-transferrable. Membership terminates upon loss of Office as a
m:\shared\attorney\palb16.wp
September 28, 1995
Bylaws of Police Activities League
Page 1
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Councilmember or Mayor, including loss of Office due to death.12
There shall be no other class of members, and no other
members, unless the Board of Directors shall otherwise specify in
the Bylaws approved by the council, and then, such members shall
have such rights as may be specified by the Board in the By-Laws.
ARTICLE III
BOARD OF DIRECTORS
section 3.1
Powers.
This corporation shall have powers to the full extent allowed
by law. All powers and activities of this corporation shall be
exercised and managed directly by the Board.
section 3.2
Number of Directors.
The Chula vista Police Activities League shall be governed by
a Board of Directors consisting of 30 persons.
The Directors shall not be elected by the members,3 but shall
be designated as to their numbers, representative capacities, vot-
ing rights, and such other rights which may from time to time be
1without members, the existing Board has the state-granted
power to amend the Articles and By Laws (Section 5310(b)). This
would permit the Board to reform the power distribution. For
example, it is theoretically possible for a group of Directors to
get together and vote to amend the By-Laws to perpetuate their own
office for life. This can be accomplished by creating a single
membership to be jointly exercised by the city Council. This will
give them the instant power to make structural changes as they deem
appropriate. This will require the city council to conduct
membership meetings once in a great while to vote on changes to the
Articles and By Laws, etc. Membership normally confers the power
to vote for the election of directors except when the directors are
specified by the Charter, on the disposition of all or
substantially all of the assets of the corporation, and on
amendments to the Articles and ByLaws.
20nce members have been admitted, a bylaw amending the number
or power of directors will require member vote (Section 5151(b).
3This provisions will avoid having annual director election
meetings, and will permit, as much as possible, the business of the
trust to be carried on as it has in the past, despite the admission
of members.
m:\shared\attorney\palb16.wp
September 28, 1995
Bylaws of Police Activities League
Page 2
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established and amended at the discretion and majority vote of the
Board of Directors or the Members as herein permitted. In the
absence of such alternative designation, the Board will consist of
the following 30 seats, numbered according to the number adjacent
to said seat description:
1. The Chief of Police of the city of Chula Vista, or
his/her designee from among the management of the
Chula vista Police Department, who will also serve
as Chairperson;
2. The Mayor of Chula vista or his/her designee from
among the remaining members of the city Council;
3. a Councilperson of the city Council of the City of
Chula vista selected by the majority vote of the
remaining four councilpersons;
4. The Superintendent of the Sweetwater Union High
School District, or his/her designee from among the
management of the School Districtj
5. The Superintendent of the Chula vista Elementary
School District, or his/her designee from among the
management of the School District;
6. The Executive Director of South Bay YMCA, or
his/her designee from among the management of the
South Bay YMCA;
7. The Director of the Chula Vista Boys and Girls
Club, or his/her designee from among the management
of the Boys and Girls Club;
8. The Executive Director of the South Bay Community
Services, or his/her designee from among the
management of the South Bay community Servicesj
9. The President of Southwestern College, or his/her
designee; or his/her designee from among the
management of the College;
10. A member of the otay Committee4 selected by the
majority vote of its Board of Directors;
11. The Director of Parks and Recreation of the City of
Chula Vista;
12. The Chief of the F ire Department of the City of
Chula Vista, or his/her designeej
13. The Sergeant of Juvenile Division in Investigative
Services of the Chula vista Police Department;
14. A judge serving at the South Bay Branch Courthouse
in the capacity of Supervising Judge of the South
Bay Judicial District of the San Diego County
superior Court, or his/her designee from among the
members of the South Bay Judicial District Bench;
15. A judge serving at the South Bay Branch Courthouse
4Check on official title or name.
m:\shared\attorney\palbl6.wp
September 28, 1995
Bylaws of Police Activities League
Page 3
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selected by the Supervising Judge of the South Bay
Judicial District of the San Diego County Superior
Court, or his/her designee from among the members
of the South Bay Branch Courthouse Superior Court
Bench;
16-30. Community members at large, from Chula Vista,
appointed by the Chief of Police effective upon
ratification by those members of the Board of
Directors holding offices represented by Seats
numbered 1 through 15, to represent the interests
of the youth.
Special provisions apply to the following numbered seats:
None.
section 3.3
Term of Office of Directors
The term of non-specific directors capable of being selected
among from among a group of potential seat holders shall be for 4
years. All other directors shall serve for so long as they hold
the Office which qualifies them for a seat on the Board.
section 3.3.1 Each director shall hold office until the
expiration of the term for which appointed, and until a successor
has been appointed or elected.
Section 3.3.2 Appointed directors may be removed at any
time by the appointing power during their term.
section 3.4
Meetinqs.
The meetings of the Board of Directors shall be open to the
public and held in accordance with the Ralph M. Brown Act,
Government Code section 54950 et seq.
section 3.5
Annual Meetinq.
The annual meeting of the Board of Directors shall be held on
the second Wednesday of April of each year.
section 3.6
Reqular Meetinqs.
The Board of Directors, by resolutions, may establish a
schedule of regular monthly meetings of the Board of Directors, but
in the absence of any further resolution of the Board, the second
Wednesday of every month shall be the regular monthly meeting of
the Board.
m:\shared\attorney\palb16.wp
September 28, 1995
Bylaws of Police Activities League
Page 4
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section 3.7
Special Meetinqs.
Special meetings of the Board of Directors may be called by
the chairperson, or by any two (2) directors, by written notice
delivered personally as well as by telephone or telegraph to each
of the directors, or mailed by first class mail at least four (4)
days or more prior to any such meetings. The notice shall state
the time, place, and subject matter of such special meeting.
section 3.8
Quorum.
Nine of the directors then in office shall constitute a quorum
for the transaction of business, except to adjourn as provided in
section 3.11 of this Article III. Every act or decision by a
majority of the directors present shall be regarded as the act of
the Board of Directors, subject to the provisions of the California
Nonprofit Public Benefit Corporation Law including, without
limitations, those provisions relating to (i) approval of contracts
or transactions in which a director has a direct or indirect
material financial interest, (ii) creation of and appointments to
committees of the board, and (iii) indemnification of directors.,
A meeting at which a quorum is initially present may continue to
transact business, notwithstanding the withdrawal of directors, if
any action taken is approved by at least a majority of the required
quorum for that meeting.
section 3.9
Adiournment.
Those directors present, whether or not constituting a quorum
may adjourn any meeting to another time and place. Notice of the
time and place of holding an adjourned meeting need not be given,
unless the meeting is adjourned for more than 24 hours, in which
case personal notice of the time and place shall be given before
the time of the adjourned meeting to the directors who were not
present at the time of the adjournment.
section 3.10
standard of Care.
A. General. A director shall perform the duties of a
director, including duties as a member of any committee of the
board on which the director may serve in good faith, in a manner
such director believes to be in the best interests of this
corporation, and with such care, including reasonable inquiry, as
an ordinarily prudent person in a like situation would use under
similar circumstances.
In performing the duties of a director, a director shall
be entitled to rely on information, opinions, reports or statements
including financial statements and other financial data, in each
case prepared or presented by:
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(Of]
I
(1) One or more officers or employees of the corporation
whom the director believes to be reliable and competent in the
matters presented;
(2) Counsel, independent accountants or other persons as
to matters which the director believes to be within such person's
professional or expert competence; or
(3) A committee of the board upon which the director
does not serve, as to matters wi thin its designated authority,
which committee the director believes to merit confidence, so long
as in any such case, the director acts in good faith, after
reasonable inquiry when the need therefor is indicated by the
circumstances and without knowledge that would cause such reliance
to be unwarranted.
A person who performs the duties of a director in
accordance with the foregoing shall have no liability based upon
any failure or alleged failure to discharge that person's
obligations as a director.
B. Non-Liability of Directors.
be personally liable for the debts,
obligations of the corporation.
The directors shall not
liabilities, or other
C. Indemnification by Corporation of Directors.
Officers. Employees and other Aqents. To the extent that a person
who is, or was, a director, officer, employee or other agent of
this corporation has been successful on the merits in defense of
any civil, criminal, administrative or investigative proceeding
brought to procure a judgement against such person by reason of
fact that he or she is, or was, an agent of the corporation, or has
been successful in defense of any claim, issue or matter, therein,
such person shall be indemnified against expenses actually and
reasonable incurred by the person in connection with such
proceeding.
If such person either settles any such claim or sustains
a judgment against him or her, then indemnification against
expenses, judgments, fines, settlements and other amounts
reasonably incurred in connection with such proceedings shall be
provided by this corporation but only to the extent allowed, by and
in accordance with the requirements of Section 5238 of the
California Nonprofit Public Benefit Corporation Law.
D. Insurance for Corporate Aqents. The corporation
shall have the right to purchase and maintain insurance to the full
extent permitted by law on behalf of any agent of the corporation,
including a director, off icer, employee or other agent of the
corporation, against any liability asserted against or incurred by
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any officer, director, employee, or agent
arising out of the officer's, director's,
status as such.
in such capacity or
employee's or agents
section 3.13
Prohibited Transactions.
A. Loans. This corporation shall not make any loan of
money or property to or guarantee the obligation of any director or
officer; provided, however, that this corporation may advance money
to a director or officer of this corporation for expenses
reasonably anticipated to be incurred in performance of the duties
of such officer or director so long as such individual would be
entitled to be reimbursed for such expenses absent the advance.
B. In addition to the above prohibition, the actions of
a director or officer shall comport with all applicable provisions
of the Corporations Code, Government Code and the Public Contracts
Code.
section 3.14
Compensation.
At all times, no director shall be a person who has been
compensated, within the previous twelve months, by this corporation
for services performed for this corporation. In this Section, the
term "persons" includes individuals related by blood or marriage.
ARTICLE IV
COMMITTEES
section 4.1
Committees of Directors.
The Board of Directors may designate one (1) or more
committees, each consisting of three (3) or more directors to serve
at the pleasure of the board. Appointments to all committees shall
be made by a majority of the directors voting. Any committee, to
the extent provided in the board resolution, shall have all the
authority of the board, except that no committee, regardless of
board resolution may:
A.
committee;
Fill vacancies on the Board of Directors or on any
B. Expend any corporate funds for any purpose without
the express authorization of the Board of Directors;
C. Amend or repeal bylaws or adopt new bylaws;
D. Amend or repeal any resolution of the Board of
Directors which by its express terms is not so amendable or
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repealable;
E.
Directors.
Appoint any other committees of the Board of
Section 4.2
Meetinqs of Committees.
Meetings and actions of committees shall be governed by
and held and taken in accordance with the provisions of Article III
of these bylaws concerning meetings of directors, with such changes
in the context of those bylaws as are necessary to substitute the
committee and its members for the Board of Directors and its
members. Minutes shall be kept of each meeting of any committee
and shall be filed with the corporate records. The Board of
Directors may adopt rules for the governance of any committee not
inconsistent with the provisions of these bylaws.
ARTICLE V
OFFICERS
section 5.1
Officers.
The officers of this corporation shall be selected from
the members of the Board for the positions of chairperson, vice-
chairperson, secretary and treasurer. The corporation may also
have, at the discretion of the directors, such other officers as
may be appointed by the directors. Any number of offices may be
held by the same person, except that neither the secretary nor the
treasurer may serve concurrently as the chairperson of the
board.
The chairperson shall be the Chief of Police of the City
Chula Vista, or his or her designee, from among the management of
the Police Department.
section 5.2
Election.
The officers of this corporation, with the exception of
the chairperson, shall be chosen annually by the directors, and
each shall serve at the pleasure of the board, subject to the
rights, if any, of an officer under any contract of employment.
The officers of the corporation shall be elected at the annual
meetings.
section 5.3
Removal.
Subject to the rights, if any, of an officer under any
contract of employment, any off icer , with the exception of the
chairperson, may be removed as an officer by a majority vote of the
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Board of Directors pursuant to applicable law.
section 5.4
Resiqnation.
An officer may resign at any time by giving written
notice to this corporation. The resignation shall take effect at
the date of the receipt of that notice or at any later time
specified by that notice, and unless otherwise specified in that
notice, the acceptance of the resignation shall not be necessary to
make it effective. Any resignation is without prejudice to the
rights, if any, of this corporation under any contract to which the
officer is a party.
section 5.5
Vacancies.
A vacancy in any office for any reason shall be filled in
the manner described in these bylaws for regular appointments to
that office.
section 5.6
Chairperson.
The chairperson shall be the chief executive officer of
the corporation, shall preside at all meetings of the Board of
Directors and shall, subject to control of the board, or subject 0
such other actions as the board may take, generally supervise,
direct and control the business and the officers of the
corporation.
section 5.7
Vice-Chairperson.
In the absence of the chairperson, the vice-chairperson
shall preside at all meetings of the Board of Directors, and shall,
subject to the control of the board, have the powers and duties of
the chairperson.
section 5.8
Secretarv.
The secretary shall keep a full and complete record of
the proceedings of the board and committees of the board, shall
keep the seal of the corporation and affix the same to such papers
and instruments as may be required in the regular course of
business, shall make service of such notices as is required by
these bylaws or as may be proper, shall supervise the keeping of
the books of the corporation, and shall discharge such other duties
as pertain to the office or as prescribed by the directors. The
secretary shall keep or cause to be kept, at the corporation's
principal office, a copy of the Articles of Incorporation and
bylaws.
Section 5.9
Treasurer.
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III
,
The Treasurer shall have charge and custody of all funds
of the corporation, shall deposit such funds in the manner required
by the board, shall keep and maintain adequate and correct accounts
of the corporations's properties and business transactions, shall
render reports and accountings as required, and shall discharge
such other duties as pertain to the office or as prescribed by the
directors. The books of account shall be open to inspection by any
officer at all reasonable times. The board may require the
treasurer to give the corporation a bond in the amount and with the
surety or sureties specified by the board for faithful performance
of the duties of the office and for restoration to the corporation
of all of its books, papers, vouchers, money, and other property of
every kind in the possession or under the control of the chief
financial officer on his or her death, resignation, retirement, or
removal from office.
ARTICLE VI
REPORT TO DIRECTORS
section 6.1 Annual ReDort. The chairperson shall
furnish a written report within 120 days after the end of the
corporation's fiscal year to all of the directors containing the
following information:
A. The assets and liabilities, including the trust
funds, of this corporation as of the end of the fiscal year;
B. The principal changes in assets and liabilities,
including trust funds, during the fiscal year;
C.
unrestricted
year;
The revenue or receipts of this corporation, both
and restricted for particular purposes, for the fiscal
D. The expenses or disbursements of this corporation,
for both general and restricted purposes during the fiscal year;
E. The amount and circumstances of any indemnifications
or advances aggregating more than TWO THOUSAND DOLLARS (2,000.00)
paid during the fiscal year to any officer or director of the
corporation.
The annual report shall be accompanied by a report on the
corporation by independent accountants or, if there is no such
report, by the certificate of an authorized officer of the
corporation that such statements were prepared without audit from
the corporation's books and records.
section 6.2
InsDection bv Directors.
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ir
Every director shall have the absolute right at any
reasonable time to inspect the corporation's books, records,
documents of every kind and the corporation's property. The right
of inspection includes the right to copy and make extracts of
documents.
section 6.2.1
documents of every kind
inspection by the public.
The corporation's books, records,
shall be public records available for
ARTICLE VII
AMENDMENTS
section 7.1
Amendment of Articles of Incorporation and
Bvlaws.
Proposed amendments to this corporation's Articles of
Incorporation or Bylaws must be submitted in writing to the
directors at least one (1) month in advance of the board meeting at
which they will be considered for adoption. The vote of two-thirds
(2/3) of the directors present at any meeting, shall be required to
pass an amendment to the Articles of Incorporation or bylaws, and
must be approved by the majority vote of the members to be
effective.
ARTICLE VIII
MISCELLANEOUS
Section 8.1 Fiscal Year.
The fiscal year of this corporation shall end each year
on June 30.
section 8.2
Corporate Seal.
This corporation shall have a seal which shall be
specified by resolution of the Board of Directors. The seal shall
be affixed to all corporate instruments, but failure to affix it
shall not affect the validity of the instrument.
section 8.3
Contracts.
All contracts entered into on behalf of this corporation
must be authorized by the Board of Directors.
section 8.4
Execution of Checks.
Except as otherwise provided by law, every check, draft,
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Bylaws of Police Activities League
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promissory note, money order, or other evidence of indebtedness of
the corporation shall be signed by such individuals as are
authorized by the Board of Directors.
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COUNCIL AGENDA STATEMENT
Item
Meeting Date
%'
10/24/95
jtrty2?
ITEM TITLE: COUNCIL RESOLUTION Approving Agreement with San Diego
State University to provide $66,960 to the City for the
SmartCommunity project, Appropriating $57,995 from the
Unappropriated General Fund Balance, and Amending the FY 1995-
96 budget to add a 0.60 FTE Temporary Expert Professional
Position to the MIS Budget.
SUBMITTED BY: Director of Managem~&_ Information servic~
REVIEWED BY: City Manage~~~~\ (4/5ths Vote: Yes-I- No___>
During the budget process for FY 1~-9~uncil approved Supplemental Budget
Report #9, and authorized staff to explore the possibility of having the City of
Chula Vista work with CalTrans on the SmartCommunity project to develop the
"Electronic Highway Alternative". For the SmartCommunity project, Caltrans is
contracting with San Diego State University, who will be the primary contractor,
and San Diego State University will then contract with the proposed
subcontractors: City of Chula Vista, University of California at Davis, and the
Center for the New West.
Staff has negotiated a contract with San Diego State University to serve as a
subcontractor for this project. The proposed contract would provide the City
with $66,960 to conduct a community outreach effort to identify the potential on-
line applications and the commitments and roles of interested community members,
groups and organizations. Of the $66,960 provided through this contract $8,965
will be used to reimburse the City for staff time which is already included in
the FY 1995-96 budget. The remaining $57,995 to be paid to the City would be for
costs directly associated with this project which were not included in the FY
1995-96 budget. Of that amount, $25,000 would be used to hire a consultant to
handle the public outreach portion, $32,724 for a temporary expert professional
to assist with the project, and $271 would be for direct costs such as telephone
calls, duplicating costs, and supplies. In addition, the City is expected to
provide in kind services of staff time in the amount of $18,504 which will not
be reimbursed by this contract.
RECOMMENDATION: That Council adopt resolution:
a. Approving the contract with San Diego State University
for the SmartCommunity project to provide $66,960 to the
City.
b: Appropriating $57,995 from the Unappropriated General
Fund Balance, which would be reimbursed by the San Diego
State contract.
c. Amending the FY 1995-96 budget to add a 0.60 FTE
position of Temporary Expert Professional to the
Management & Information Services Budget.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
CalTrans has invited the City of Chula Vista to participate in a project to
develop the "Electronic Highway Alternative". The goal of this project is to
review and formulate ways to utilize new technologies and create llWorksmart"
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Page 2, Item
Meeting Date
~
10/24/95
couununi ties which will allow the public to make fewer automobile trips, resulting
in less roadway congestion and improved air quality.
Because of Chu1a Vista's noteworthy supply of already existing "smart"
facilities, (including the libraries, the te1ecenters, and local schools such as
C1earview Elementary and Juarez-Lincoln Elementary), Ca1Trans is offering the
City the opportunity to become a "test couununity" for determining the vision,
needs and demands for on-line services for residents and businesses. The
proposed contract would provide the City with $66,960 to conduct an intensive
outreach effort. This outreach may include focus groups, Council visioning
sessions, public workshops, scenario building workshops and other appropriate
techniques to identify potential on-line applications, and the couunitments and
roles of interested couununity members, groups and organizations. Conceptually,
Chu1a Vista could establish a city-wide on-line couununity network which will
provide:
. access to public information at least regarding City services and
potentially other couununity organizations and interests as well
. interactivity between the city's residents/customers and City
departments for various items such as permitting, paying fees, etc.
. greater couununity participation in public policy issues, and
. accouunodation of mobility demand via the information highway.
It would also allow the City to determine what technical improvements would need
to be in place to meet the goals of:
. Providing better service to residents and serving the needs of the
couununity in a more efficient manner.
. Reducing walk-in/counter traffic
. Reducing auto trips to City Hall
. And attempting to do so in a cost-neutral or revenue-generating
manner.
The SmartCouununity project is a joint effort between Ca1trans, San Diego State
University, the University of California at Davis, the Center for the New West,
and the City of Chu1a Vista. The attached copy of the Interagency Agreement
between Caltrans and SDSU illustrates the goals and objectives of the project and
the projected duties of each of the subcontractors. The project is divided into
four major categories with a goal of publishing a "how-to" guide book for other
couununities to follow. The four major areas are:
. Situation Analysis - This task provides the foundation for the
remaining sections. It includes an inventory and analysis of other
similar projects throughout the State, the nation, and the world.
8'" ;..
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Page 3, Item
Meeting Date
~
10/24/95
. Community Outreach - This will involve gathering information from
the citizens and businesses in Chu1a Vista concerning their needs
and wants with respect to this technology.
. Guidebook This will produce a document to be used in the
development of the prototype 'Smart" community and will be based
upon the experience and knowledge gained from the residents and
businesses of Chu1a Vista.
Dissemination of Results - This will document the results of the
project, prepare a final report, and publish the final report in
various forms including the World Wide Web.
The project is expected to take about nine months with a scheduled completion
date of June 30, 1996. At that time the City should have a better understanding
of the wants and needs of the community and will be in a position to recommend
a plan of action for implementation of some of these needs. This project does
not include the implementation of any technology, but will allow the City to
better understand how to best serve the needs of the public.
Five primary staff members have been identified to participate in this project.
They are Jim Thomson, Deputy City Manager; Louie Vigna piano , Director of
Management & Information Services; David Palmer, Library Director; Barbara
Bamberger, Environmental Resource Manager; and Diane Bednarsky, Library
Automation Manager. In addition to the City employees listed above, staff
anticipates a number of other City employees to participate in the project in
more limited capacities as well.
Fiscal Impact
$8,965 of staff time already included in the FY 1995-96 budget will be reimbursed
to the City by this contract. In addition, the $57,995 being appropriated will
also be reimbursed to the City by this contract. The City is also expected to
provide in kind services of staff time in the amount of $18,504 which will not
be reimbursed by this contract; this staff time is already included in the FY
1995-96 budget.
The overall SmartCommunity project will also provide significant resources to
Chu1a Vista from the other participating agencies: Ca1Trans, San Diego State,
University of California at Davis, and the Center for the New West. This is a
planning project so it does not provide for the actual hardware or software for
implementation, but the planning should be of significant benefit to the City if
we decide to implement some or all of the resulting planning recommendations.
~~J/~-1
/17
RESOLUTION NO.
/ F'tl g'1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH SAN
DIEGO STATE UNIVERSITY TO PROVIDE $66,960 TO
THE CITY FOR THE SMARTCOMMUNITY PROJECT;
APPROPRIATING $57,995 FROM THE UNAPPROPRIATED
GENERAL FUND BALANCE, AND AMENDING THE FY
1995-96 BUDGET TO ADD A 0.60 FTE TEMPORARY
EXPERT PROFESSIONAL POSITION TO THE MIS
BUDGET.
WHEREAS, during the budget process for FY 1995-96 Council
approved Supplemental Budget Report #9, and authorized staff to
explore the possibility of having the City of Chula vista work with
CalTrans on the SmartCommunity project to develop the "Electronic
Highway Alternative".; and
WHEREAS, staff has negotiated a contract with San Diego
State University to serve as a subcontractor for this project. The
proposed contract would provide the City with $66,960 to conduct a
community outreach effort to identify the potential on-line
applications and the commitments and roles of interested community
members, groups and organizations.
WHEREAS, the $66,960 provided through this contract
$8,965 will be used to reimburse the City for staff time which is
already included in the FY 1995-96 budget.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve an agreement with San Diego
State University for the SmartCommunity project to provide $66,960
to the city.
BE IT FURTHER RESOLVED that the City Council of the city
of Chula vista does hereby appropriate $57,995 from the unappro-
priated General Fund Balance, which would be reimbursed by the San
Diego State contract.
BE IT FURTHER RESOLVED that the City Council of the city
of Chula vista does hereby amend the FY 1995-96 budget to add a
0.60 FTE position of Temporary Expert Professional to the
Management & Information Services Budget.
BE IT FURTHER RESOLVED that the amount of $29,920 is
hereby appropriated to Account No. 100-0213-05105 (hourly wages);
the amount of $2,804 is hereby appropriated to Account No. 100-
0213-05142 (Medicare); the amount of $ 271.00 is hereby appro-
1
g-5
! "'1
i '[)
priated to Account No. 100-0213-05398 (Other commodities); the
amount of $25,000 is hereby appropriated to Account No. 100-0213-
05201 (Professional Services) and approve budget for same.
form by
Presented by
Louie Vignapiano, Director of
Management & Information Services
Bruce M.
Attorney
City
C:\rs\sdsu
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I.
Subcontract
between
San Diego State University Foundation
and
City of Chula Vista
SDSU Foundation Account #525975-8501
This document is to serve as a Subcontract between San Diego State University Foundation
(hereinafter referred to as "Foundation"), a non-profit corporation under the laws of the State
of California, in the City of San Diego, with its principal offices located at 5250 Campanile
Drive, San Diego, California 92182-1934 and City of Chula Vista with its principal offices
located at 276 4th Avenue, Chula Vista, California (hereinafter referred to as
"Subcontractor").
WITNESSETH THAT:
WHEREAS, the Foundation has received an award for the project entitled "California Smart
Communities Project"; and,
WHEREAS, the Foundation desires to obtain the services of the Subcontractor to perform
work under this Subcontract; and,
WHEREAS, the Subcontractor has represented to the Foundation that it is knowledgeable,
qualified, and expert in skills required for this project and covenants that it is capable of
performing the services required under this agreement and desires the Foundation to engage its
services; and
NOW THEREFORE, the parties do mutually agree as follows:
ARTICLE I. SCOPE OF WORK; COOPERATION.
The Subcontractor agrees to undertake, carry out and complete for the Foundation, in a
satisfactory and competent manner, all of the work and services set forth in Exhibit . A", the
?,'7
I"' h
,('-;J.-<---"'
agreed approved project budget as set forth in Exhibit "B" , and all applicable parts of Exhibit
uF" , all of which are attached hereto and made part hereof.
In addition to the specific services and formal reports required hereunder, Subcontractor agrees
that it will at all times during the performance of this agreement maintain close liaison with
Foundation's project director in order to assure a well integrated effort.
ARTICLE II. STATUS OF PARTIES.
The subcontractor is acting as an independent contractor in the performance of work under this
Subcontract, and shall be solely responsible for the payment of any and all claims for loss,
personal injury, death, property damage, or otherwise, arising out of any act or omission of its
employees or agents in connection with the performance of work under this Subcontract.
ARTICLE Ill. KEY PERSONNEL.
Key personnel for this Project shall include:
John Eger, serving as the Foundation's Project Director.
Louie Vignapiano, serving as the Subcontractor's Project Director.
Subcontractor shall not replace or substitute another individual as its project director without
the expressed written prior approval of the Foundation.
ARTICLE IV. PERIOD OF PERFORMANCE.
The period of performance of this Subcontract shall be from September 1, 1995 through June
30, 1996.
ARTICLE V. COMPENSATION AND MAXIMUM COST.
In full and complete consideration of Subcontractor's satisfactory performance under this
Agreement, Subcontractor shall be reimbursed for allowable costs incurred in providing'the
work required of this Subcontract not to exceed a maximum amount of $66,960.
Subcontract expenditures shall be in accordance with the detailed budget which appears as
Exhibit "B", attached hereto and incorporated by reference herein, and is expressly made part
of this Subcontract. Minor variances among budget line items are allowable to the extent they
are in accordance with the applicable cost principles and administrative requirements set forth
in Article VI, and the terms of this Agreement.
2
6'-8
p.1
Transportation and subsistence costs shall not exceed rates authorized to be paid State
employees under current State Department of Personnel Administration rules.
ARTICLE VI. SUBCONTRACT ADMINISTRATION.
This Subcontract shall be administered in accordance with the applicable provisions of:
Office of Management and Budget
Circular A-21
Cost Principles for Educational Institutions
Office of Management and Budget
Circular A-87
Cost Principles for State and Local Governments
Office of Management and Budget
Circulars A-110 and A-102
Uniform Administrative Requirements
Office of Management and Budget
Circular A-l33
Audits of Institutions of Higher Education and other Non-Profit Institutions
Office of Management and Budget
Circular A-128
Audits of State and Local Governments
State of California Prime Contract
#51X7l7 Rl (Exhibit "F")
If there is a conflict between the main Subcontract Articles and the general principles of the
subcontract administration documents incorporated above, the Subcontract Articles shall take
precedence.
ARTICLE VII. PAYMENT.
Subcontractor shall be reimbursed for allowable costs up to a maximum of $66,960. Payment
to Subcontractor shall be made within thirty (30) days upon receipt and approval by the
Foundation of an itemized invoice, in triplicate, showing approved budget categories,
expenditures for the period covered by the invoice, cumulative expenditures to date and
matching costs to date up to a minimum of $18,504.
3
5-1
.J
The Foundation will withhold 10% of each payment. The retention amount will be paid to the
Subcontractor after the Foundation has evaluated the Subcontractor's performance and made a
determination that all contract requirements have been satisfactorily fulfilled.
All invoices submitted must contain the following certification statement: "I certify that all
expenditures reported (or payment requested) are for appropriate purposes and in accordance
with the provisions of the Subcontract." All invoices must be signed by the Subcontractor's
chief financial officer or designee.
Invoices may be submitted monthly if Subcontractor so desires, but no less often than
quarterly. All payments made under this Subcontract shall be considered provisional and
subject to audit under Article IX. Final invoices must be received by the Foundation no later
than 30 days after June 30, 1996. On receipt and approval of the invoice or voucher
designated by the Subcontractor as the "completion invoice" or "completion voucher" and
upon compliance by the Subcontractor with all provisions of this Agreement, the Foundation
shall promptly pay to the Subcontractor any balance of allowable cost.
The Subcontractor agrees that any refunds, rebates, credits, or other amounts (including
interest thereon, accruing to or received by the Subcontractor or any assignee under this
Agreement shall be paid, or where appropriate, credited, by the Subcontractor to the
Foundation to the extent that they are properly allocable to costs for which the Subcontractor
has been reimbursed by the Foundation under this Agreement.
Any advances of Subcontract funds to Subcontractor shall be maintained in interest bea.ring
accounts by the Subcontractor. Interest earned on such advances shall be remitted to the
Foundation each quarter. Subcontractor shall retain up to $250 each year for administrative
expenses.
ARTICLE VIII. FINANCIAL MANAGEMENT SYSTEMS.
Subcontractor shall maintain acceptable financial management systems during the term of the
Subcontract. Such systems shall provide:
- accurate, current and complete disclosure of the financial activity under this
Subcontract;
- records that identify the source and application of the Foundation's funds;
- effective control over and accountability for all funds, property and other assets;
- comparison of actual outlays with budgeted Subcontract amounts;
- consistency with the applicable regulatory cost principles; and,
4
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- accounting records supported by source documentation.
Subcontractor shall arrange for an annual examination by an independent accountant in order
to ascertain the effectiveness of the Subcontractor's financial management systems and internal
procedures e~tablished to meet the terms of this Subcontract.
If Subcontractor is an organization subject to the uniform administrative requirements of OMB
Circulars A-110 or A-I02 or arranges for audits that comply with OMB Circulars A-133, A-
128 or equivalent guidelines, Subcontractor shall provide the Foundation with a copy of all
written reports that were prepared by the Subcontractor's independent accountant in order to
be in compliance with the appropriate Circular and Statement on Auditing Standards AICPA
#63.
Other Subcontractors shall provide annually to the Foundation, at the end of each of the
Subcontractor's fiscal year, annual audited financial statements and any written communication
designed to comply with Statement on Auditing Standards #60 that were prepared by the
Subcontractor's independent accountants.
Failure to comply with the terms of this Article may lead to Subcontract termination in
accordance with Article XIV.
ARTICLE IX. RECORDS RETENTION AND AUDIT.
The Foundation, the Comptroller General of the United States, CalTrans, or any of their duly
authorized representatives shall have unrestricted access to and the right to examine and audit
directly pertinent books, documents, papers and records of Subcontractor including financial
transactions and supporting documents, general accounting system, internal controls,
management practices, policies and procedures. Such books, documents, papers and records
shall be retained by Subcontractor for a period of three years following the date of the final
payment under this Subcontract.
ARTICLE X. EQUAL OPPORTUNITY/
NON-DISCRIMINA TION/ AFFIRMATIVE ACTION.
Subcontractor shall comply with the provisions of Title VII of the Civil Rights Act of 1964 (42
USC 2000 as amended by the Equal Opportunity Act of March 24, 1972, Public Law No. 92-
261) in that it shall not discriminate against any individual with respect to his or her
compensation, terms, conditions, or privileges of employment; or discriminate in any way
which would deprive or intend to deprive any individual of employment opportunities or
otherwise adversely affect his or her status as an employee because of such individual's race,
color, religion, sex, national origin, age, handicap, medical condition, or marital status.
5
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Subcontractor shall ensure that services and benefits are provided without regard to race,
color, religion, sex, age, or national origin in accordance with Title VII of the Civil Rights
Act of 1964. Subcontractor shall comply with Section 503 of the Rehabilitation Act of 1973,
as amended (29 USC 794), pertaining to the prohibition of discrimination against qualified
handicapped persons.
The Foundation is a government contractor subject to the requirements of Executive Order
11246, as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor"; Section 402 of the Vietnam Era Veterans Readjustment Act of 1972, as amended;
Section 503 of the Rehabilitation Act of 1973, as amended; and related rules and regulations of
the Department of Labor and the Office of Federal Contract Compliance programs. As a
government contractor, the Foundation is obligated to obtain from its subcontractors and
suppliers certain certifications with regard to applicable contracts as follows:
A. Certification of compliance with the Equal Opportunity Clause set forth in
Section 202 of Executive Order 11246 if the subcontract exceeds $10,000 in any
year.
B. Certification of nonsegregated facilities for its employees if the subcontract
exceeds $10,000 in any year.
C. Certification of the filing of annual reports on Standard Form 100 (EEO-l) if
the value of the subcontract exceeds $50,000 and if the subcontractor employs
50 or more people.
D. Certification of the development and maintenance of a written and signed
Affirmative Action Program at each of the subcontractor's facilities if the value
of the subcontract exceeds $50,000 and if the subcontractor employs 50 or more
people.
E. Agreement by the subcontractor to comply with the provisions of 41 CFR 60-
741 relating to the employment if handicapped persons if the value of the
subcontract is $2,500 or more.
F. Agreement by the subcontractor to comply with the provisions of 41 CFR 60-
250 relating to the employment of veterans if the value of the subcontract is
$10,000 or more.
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ARTICLE XI. UTILIZATION OF SMALL BUSINESS.
In accordance with Public Law 95-507, Subcontractor shall use, encourage and promote the
participation of small business and small business owned by socially and economically
disadvantaged individuals in the performance of work under this Subcontract.
ARTICLE XII. HOLD HARMLESS.
Subcontractor agrees to indemnify, defend and hold harmless the Foundation, its officers,
agents and employees from any and all claims and losses accruing or resulting to any and all
contractors, subcontractors, suppliers, laborers and any other person, firm or corporation
furnishing or supplying work, services, materials or supplies in connection with the
performance, or non-performance, of this Subcontract, and from any and all claims and losses
accruing or resulting to any person, firm or corporation who may be injured or damaged by
the acts or omissions of the Subcontractor in the performance of this Subcontract.
ARTICLE XIII. INSURANCE.
Subcontractor shall, at its sole cost and expense, procure and maintain throughout the term of
this Subcontract, the following insurance coverage or this Subcontract shall automatically
become null and void:
A. Comprehensive General Liability insurance providing coverage against claims
for Bodily Injury or Death, and Property Damage. Such insurance shall provide
protection to the limit of not less than $1,000,000 combined single limit for
Bodily Injury and Property Damage.
B. Workers' Compensation insurance statutory coverage including Employers
Liability with limits of not less than $1,000,000.
C. Comprehensive Automobile Liability with limits not less than $1,000,000 each
occurrence, combined single limit for Bodily Injury and Property Damage,
including coverage for owned, non-owned and hired vehicles.
Comprehensive General Liability and Comprehensive Automobile Liability insurance policies
required by this Subcontract shall name "San Diego State University Foundation" as an
additional insured with respect to work being performed.
Subcontractor agrees to provide all required certificates of insurance to the Foundation prior to
the commencement of any work under this Subcontract.
The Foundation and Subcontractor agree that the specified coverage or limits of insurance in
no way limit the liability of the Subcontractor. Subcontractor shall obtain written agreement
7
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on the part of each insurance company to notify San Diego State University Foundation at least
thirty (30) days prior to cancellation or non-renewal of any such insurance.
As an alternative, Subcontractor's proof of self-insurance will suffice for purposes of this
article.
ARTICLE XIV. TERMINATION.
Subcontractor shall use its best efforts to provide the services herein contained at the time and
in the manner herein provided. This Subcontract may be terminated by the Foundation or by
the Subcontractor at any time upon the giving of thirty (30) days prior written notice to the
other party. Said notice shall be given to the person executing this Subcontract. In the event
of termination, the Subcontractor shall be entitled to payment for acceptable and allowable
work performed under this Subcontract, and for all uncancellable obligations made in
connection with such work, through the date of termination. Any prepaid but unearned funds
shall be promptly returned to the Foundation.
Early termination of this Subcontract does not release Subcontractor from compliance with
appropriate provisions of this subcontract, i.e., Article IX Records Retention and Audit.
It is understood and agreed, however, that in the event Subcontractor is in default upon any of
its obligations hereunder at the time of termination, Foundation shall be entitled to pursue any
rights or remedies which Foundation may have against Subcontractor by reason of such
default, and Foundation may withhold any payments to the Subcontractor for the purpose of
set-off until such time as the exact amount of damages may be determined.
ARTICLE XV. CERTIFICATION REGARDING LOBBYING.
Subcontractor shall comply with the provisions of Section 1352, Title 31, United States Code,
which imposes prohibitions and requirements for disclosure and certification related to
lobbying by recipients of Federal contracts, grants, cooperative agreements and loans. Section
1352, Title 31, U.S. Code, also applies to subtiercontractors and/or grantees. Subcontractor
is therefore prohibited from using federally-appropriated funds for lobbying Congress or any
Federal agency in connection with the award of a particular contract, grant, cooperative'
agreement, loan or any subtier contract and/or subgrant.
In addition, for each award action in excess of $100,000, Section 1352, Title 31, U.S. Code,
requires the prime recipients and any subtier contractors and/or subgrantees to (a) certify that
no appropriated funds were or will be expended to pay any person for influencing or
attempting to influence an officer or employee or any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with
a specific award; and (b) disclose certain information if the recipient has used or intends to use
8
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non-appropriated funds to pay for the lobbying activities of an individual or organization not
regularly employed by the applicant or recipient of appropriated funds. If required,
Subcontractor must file a "Disclosure of Lobbying Activities" form (to be provided by the
Foundation) prior to the finalization of the Subcontract, and thereafter at the end of each
calendar quarter in which there occurs any event that requires disclosure or that materially
affects the accuracy of the information contained in any previously-filed disclosure form. For
all Subcontracts valued in excess of $100,000, Subcontractor acknowledges that by executing
this Agreement, Subcontractor is making the certification required by the Lobbying act, a copy
of which is attached to and made a part of this Agreement as Exhibit "C".
ARTICLE XVI. DRUG-FREE WORKPLACE.
Subcontractor shall comply with the Drug-Free Workplace Act of 1988, Title 45, Code of
Federal Regulations, Part 76, Subpart F, which requires prime recipients and any subtier
contractors and/or subgrantees to certify -that they will maintain a drug-free workplace. The
Subcontractor certification is a material representation of fact upon which reliance will be
placed when the Foundation determines to award this Subcontract. False certification or
violation of the certification shall be grounds for suspension of payments under this
Subcontract, or suspension or termination of this Subcontract. Subcontractor acknowledges
that by executing this Agreement, Subcontractor is making the certification required by the
Drug Free Workplace Act, a copy of which is attached to and made a part of this Agreement
as Exhibit "D".
ARTICLE XVII. CERTIFICATION REGARDING DEBARMENT.
This agreement is subject to debarment and suspension regulations published in the Federal
Register for May 26, 1988. In order to assure compliance with these regulations,
Subcontractor must provide the certification set forth in Exhibit "E", which is attached to and
made a part of this Agreement. By executing this Agreement, Subcontractor acknowledges
that it is also making the required certification.
ARTICLE XVID. PUBLICATION.
Subcontractor shall not copyright the report required by this agreement. The report required
by this agreement shall become the property of the State, and all publication rights are
reserved to the State. The title pages of the report shall bear an appropriate inscription
acknowledging the sources of funds used to produce the report. The report shall contain the
following disclaimer in a separate section preceding the main body of the document: "The
contents of this report reflect the views of the author who is responsible for the facts and
accuracy of the data presented herein. The contents do not necessarily reflect the official
views or policies of the State of California or the Federal Highway Administration. This
report does not constitute a standard, specification, or regulation."
9
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ARTICLE XIX. ASSIGNMENT.
This Subcontract is not assignable by Subcontractor either in whole or in part, nor shall the
Subcontractor further subcontract for the performance of any of its obligations hereunder,
without the prior written consent of the Foundation.
ARTICLE XX. LAWS GOVERNING.
This Subcontract shall be governed by and construed in accordance with the laws of the State
of California.
ARTICLE XXI. ENTIRE AGREEMENT.
This Subcontract and the Attachments hereto contain the entire agreement of the parties, and
no representation, provision, warranty, term, condition, promise, duty or liability, expressed
or implied, shall be binding upon or applied to either party, except as herein stated. No
amendment or modification of any term, provision or condition of this Subcontract shall be
binding or enforceable unless in writing and signed by each of the parties.
ARTICLE XXII. NOTICES.
All notices to any party hereunder shall be in writing, signed by the party giving it, and shall
be sufficiently given or served, if sent by registered mail addressed the parties at their
addresses indicated on the face sheet hereto
ARTICLE XXIII. FUNDING.
Subcontractor understands that the source of funds for the payment of Subcontractor's services
hereunder is an award between the Foundation and CalTrans, and that the execution of this
Agreement does not, nor does it purport to, bind San Diego State University, or the State of
California.
ARTICLE XXIV. WARRANTY OF ORIGINALITY.
Subcontractor warrants that all material produced by the Subcontractor and delivered to the
Foundation hereunder shall be original, except for such portion as is included with permission
of the copyright owners thereof, that it shall contain no libelous or unlawful statements or
materials, and will not infringe upon any copyright, trademark, patent, statutory or other
proprietary rights of others and that it will hold harmless the Foundation from any costs,
expenses and damages resulting from any breach of this warranty.
10
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IN WITNESS WHEREOF, the parties have executed this Subcontract as of the date hereof.
San Diego State University Foundation
City of Chula Vista
By
By
Frank J. DiSanto, Director
Grants and Contracts Administration
Title
Date
Date
11
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CIty of OluIa Vista
Work PIm for
$martColllllUlity Project
The City of Chula Vista will participate in two major areas of the overall workplan for the
SmartCommunities Project: Community Outreach and Guidebook preparation. As stated in the
proposed budget for the City of Chula Vista. the personnel who wUl be Involved in the project are Louie
Vignapiano. Jim Thomson. Barbara Bamberger. David Palmer. Diane Bednarsky, a temporary expert
professional, and a community outreach consultant.
The project areas will be broken down into several tasks with each task being done by the City of
Chula Vista with assistance from the other members of the team or by the other members of the team
with assistance from the City of Chula Vista. The numbers in parentheses following each task
correspond to the CALTRANS work plan.
Community Outreach
1. Prepare and release an RFP for consulting services for the community outreach portion.- QIuIa
Vista (lI.A)
2. Review RFP responses and choose a consultant with help from the project team. - Chula Vista
with assistance from project team III.A.31
3. Administer the subcontract for the community outreach consultant and supervise the
temporary expert professional - Chula Vista III.A.41
4. Develop a task plan for the community outreach to determine steps such as public workshops.
focus groups. etc. and how many of each will be necessary. -01UIa Vista with ...........from
project team III.A.11
5. Conduct outreach using tools agreed upon in #4 above. This includes the coordination of both
the community and City staff. any advertisament which is necessary, and holding the actual
workshops. . Chula Vista with assistance from the project team III.BI
6. Raview the community responses and research their feasibility in terms of economic and
technical Issues. Also try to quantify any mobUity benefits all taking into consideration the
local public policy issues. . Q1UIa V"1Sta with _' ........ from the proiKt.... (lI.C)
7. Determina a strategy for implementation givan all of the factors found above. . Chula V"1Sta
with --....-'6 from the project team (11.01
8. Documant all of tha above findings and post to the WWW. - project team with assistance from
Q1UIa V"1Sta III.E)
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Guidebook
The City of. Chulll Vlstll wIIl1ssist In the crelltion of the guidebook in the following IIrees: (III)
1. Government servic:es
2. Merketlng
3. Community Involvement
4. Document IIssembly and posting to the WWW
c:\Iouit1'-".-tpln.doc
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CITY OF CHULA VISTA PROPOSED BUDGEI'
CALTRANS CIIY
REOUBSl' MATCH TOTAt~
PERSONNEL
SlI14riu
1. LouIe V!iD8Plano, DIrec:1cI' of Mallacement & Info. ServIceI $7,704 $2,801 $10,505
11l11011lhl, ~% (11% zequell/4% matcb)
2.. Temporuy &pert ProfeaJoaaJ S29,920 SO $29,920
34 wellb, 100% (100911 request)
3. TIlD 'IboJlllOD, Deputy City M...... SO $4,383 $4,383
lllllOl1th1, 5% (5% matcb)
... Ba"'... Blllllbcrgor, EDvlrollJDental :a- Mall.,. " SO S2,Ul S2,Ul
11l11011th1, 5% (5% matcb)
5. David Palmer, LIbrary Director SO $3,781 $3,781
11111O:11tbs, 5% (5'1> matcb)
6. Diane Bedllanky, Ubruy Automation Maaarr L....A u.w. ~
11 DIOIIthI, 5% (5% lI1lltcb)
Total Saborl.. $37,624 S~,955 $53,579
Frinp >>1n6{1I8
Paddon 1 @ 16.37911 $l,261 S45' SI,720
Paddon 2 @ 9.37% $2,804 $0 $2,804
Poddoll 3 @ 14.92"" $0 $614 $614
PolIIdoll4 @ 16.37"" $0 $383 $383
Posldoll 5 @ 16.37"" SO S6lJ S619
Paddon 6 @ 16.37"" L....A L....m ~
Totol Frlap Beaefib $4,06S $2,549 $6,614
TOTAL PERSONNEL $41,639 $18,504 $60,193
O'IBER DIRECI' COSTS
TelepllolleIFu: $110 $110
PrlDtinaJDupllc&tiJla $110 $110
SuppI/eI 1....H -ID
TOTAL (h~A DDIEC'l' COSTS S271 $271
CON't'BACTUAL J!OIU'.rada
f"l1Wlllft'to'.mty Needs ~...-_. CoaIUll8Dt $25,000 $25,000
TOTAL CONl'JlACI't1AL BD'EN8BlI $25,000 $25,000
'IOTA!. DIJtECr AND PROJECT cons $6CI,Ml Sl8,504 $&!,461
naCENTACE MATCHING cons 22"
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Exhibit "C"
SUBCONTRACTOR CERTIFICATION REGARDING LOBBYING
The Subcontractor certifies, to the best of his or her knowledge and
belief, that:
(1) No funds appropriated by either the San Diego State University
Foundation or the Federal Government have been paid or will be paid,
by or on behalf of the subcontractor, to any person for influencing or
attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of
a Member of congress in connection with the awarding of this sub-
contract, subgrant, or subagreement, or the extension, continuation,
renewal, amendment, or modification of this subcontract, subgrant, or
subagreement.
(2) If any funds other than funds appropriated by either the San
Diego State University Foundation or the Federal Government have been
paid or will be paid to any person (other than a regularly employed
officer or employee of the applicant) for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of
Congress in connection with this subcontract, subgrant, or
subagreement, the subcontractor shall complete and submit Standard
Form-LLL ("Disclosure of Lobbying Activities,") to be provided by the
San Diego State University Foundation upon request.
This certification is a material representation of fact upon which
reliance was placed when this subcontract, subgrant or subagreement,
was made or entered into. Submission of this certification is a
prerequisite for making or entering into this subcontract imposed by
Section 1352, Title 31, U.S. Code.
f-.~3
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Exhibit "D"
SUBCONTRACTOR DRUG-FREE WORKPLACE CERTIFICATION
This certification is required by the regulation implementing the DrugwFre. Workplace Act of 1988, 45 CFR Part 76,
Subpart F. The regulations, published in the January 31, 1989 FederaL Register, require certification by
subcontractors of the San Diego Stlte University Foundation that they will maintain I drugwfree workplace.
The subcontractor certifies that it will provide I drug-free workplace by:
(I) Publishing. statement notifying employees that the unlawful menufacture, distribution, dispensation,
possession or use of . controlled substance is prohibited in the subcontractor I. workplace and specifying
the Ictions that will be taken Igainst employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees Ibout:
(1) Tne danger of drug abuse in the workplace;
(2) Tne subcontractor IS policy of maintaining a drug-free workplace;
(3) Any available drug eounseling,renabilitation, and employee assistance programs; and,
(4) The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace;
(c) Making it a requirement that each employee to be engaged in the perfonmance of the subcontract be given a
copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, IS I condition of employment under
the grant, the employee will:
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the
workplace no later than five days after such conviction;
(e) Notifying the San Diego State University Foundation within ten days after receiving notice under
subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted:
(1) Taking appropriate personnel action against such an employee, up to and including termination, or
(2) Requiring such employee to participate satisfactorily in a dru; abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency;
(9) Making a good faith effort to continue to maintain 8 drug-free workplace through implementation of
paragraphs (a), (e), (c), (d), (e) and (f).
ACCEPTANCE:
In .ccordance with the subcontract, 1 hereby certify that a drug-free workplace will be provided according to the
requirements descr;bed aboye.
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EXHIBIT E
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MAlTERS
PRIMARY COVERED TRANSACTION
PURPOSE
This certification is required by the regulation implementing Executive Order 12549,
"Governmentwide Debarment and Suspension (Nonprocurementl, 34 CFR Part 85, Section
85.510, Participants' Responsibilities. See reverse for Certification Instructions.
CERTIFICATION
(11 The prospective primary participant certifies to the best of its knowledge and
belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible. or voluntarily excluded from covered transactions by any
Federal department or agency;
(b) Have not within a three-year period preceding this proposal been
convicted of a or had a civil jud;jment rendered agents them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records. making false
statement, or receiving stolen property;
(cl Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph (1 I (b) of this certification; and
(dl Have not within a three-year period preceding this application/proposal had
one or more public transaction (Federal, State or local) terminated for cause or
default.
(21 Where the prospective primary participant is unable to certify to any of the
statement in this certification, such prospective participant shall attach an
explanation to this proposal.
;1- ';;5
EXHIBIT F
TAlE OF Cl>l.JFOONIA
APPROVED BY 'THE
ATTORNEY GENERAL
1M NO.
CXI'lTRPCT NWBER
51><717 R1
TAXPAYERS FEIlERAL EM'I.OI'ER 1.0. NO.
95-6042721 -
llhe Slate of California, by and between Stale of California, through Ifs duly elected or appointed, qualiti and acting
;TANDARD AGREEMENT -
TD.2(REV 5/91)
I ~rtment of Transportation
, hereafter called the slate, lW1Cl
ITlE OF OFFICER ACTING FeR STAlE
Jirector
:ooTRIClCA"S NME
:>an Diego State University Foundation , hereafter called the CaVaclcr
\lTNESSETH: That the contractor for lW1Cl in considelation of the CXM!rW1ls, ooncitions, egeehll!llls. lW1Cl stipllaions of the stsIe herelnafler lIlCJll'SSSed, does
'11"8 to ft.mish to the state services lW1Cl rmterials as foll<>NS: (Set fotfh servioe to be It3I1deIl3d by OOIl/rBClot; wmnt to be paid oo.il8CtoI. time for
>(J,f.......__ oroonplelion. and attach plans and spedficafions. if MY-)
\r1icla I - Statement fA w:xk
\, The Contractor will conduct planning and technical studies necessary to establish the "California Smart
Corrmunities Project" whereby California's cities and counties can assist Clatrans in its development of
mobility through the electronic highway alternative (See Exhibits A and B). Exhibit A dexaibes the work to
be completed and the time frame under which it is to be undertaken. Exhibit 8 contains the project budget.
Both Exhibits A and 8 are hereby incorporated by reference.
3. The Contractor will provide Caltrans' Office of Transportation Demand Management with written
statusreports and identified products according to Exhibit A The reports shall desaibe the work completed
during reporting periods, the project funds expended and the percentages of work remaining. In addition,
1he Contractor shall provide Caltrans with two reproducible copies of the final project report by not later than
May 1, 1997. The reports and data shall be in a fom1at compatible with Caltrans' EDP equipment.
he pnMsions on /he ItlVllISll side herec7 constitute 8 psIt d t/is sge<llll8lt.
" lIitn8ss 'IIhtnd, t/is sgeellJ8Jt has been exscufsd by fhe parlies hemIo, ~ /he date first Illx:Ne \\fiftsn.
STAlE OF CAUFORNIA CONTRACTOR
'M),Jfl' ENCl.MlERED BY 111IS
JCJCUIENl'
$450,CJXl
PRCIGRA'NCAlEGCRY (GalE J>H) TITI.E)
Transportation 30.80.010.000
(CPTlOO"L USE)
exHTRACTOR (IF 0'1lEA nWf ~INNt:l..W.. STATE wtmERA CXJFC:AAnat PNmERSHP, ETC.)
San Diego State University Foundation
BY SlGN!\
~ lX.
PRI NME J>H) TI SlGNI
Frank DiSanto, Director of Grants end Contract AdmInislJation
AOORESS San Ilego lk1iversity, 5250 'Ie Dive
San Il CA 92182-1931 Attn: Jerrie /lmson
F\W TIne 1lEPARlM:HT OF GEIERAL SERIIICES
Federal Trust USEaLY
,GBCt
JefJi:llbllt::ld of Transportation
lY (AI.llKJUED SIGNA11..flE)
..
'RJNTBlNANE a= PERSON SIGNING
lnE
"RIeR 1II\1CU'oIT ENClMlERED FeR
THS camucr
$0
ITEM
2~1-042
~
139
STAlUTE
1994
~:- AIIIlIJM' ENClMlERED TO OBJECT a= EXPEIOTUlE (GalE NV TITI.E)
$450,000 51811-995176-3TEL.3-6032
, honIbIr~upon~own__Icr~_bo '. '..'_ T.BANO.
.. _1crtho period _ _ of tho -,-.dI.....__
S1GNA1\HOF ACCOJN11NG OFFICER
~
B.R. NO.
DATE
:J CONl"RACTOO
o STAlE AGaCf
o DEPT. OF GEN. SER.
1- ..:J~
o CClNTROll.ER
o
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STANDARD AGREEMENT
S1D.2(REV MIl)
Conract. .. 51X717 Rl
Page 2 of 8
1. The Contractor agrees to indermify, defend and save harrness the State, its officers, agents, and
errployees from any and all daims and losses accruing or resulting to any all contractors,
subcontractors, materialmen, laborers and any other person, linn or corporation furnishing or
~ying IMlIk services, materials or suppliers in connection v.ith the performance of this contract,
and from any and all daims and losses accruing or resulting to any person, lirm or corporation Yk10
may be i~ured damaged by the Contractor in the performance of this contract.
2. The Contractor, and the agents and errployees of Contractor, in the performance of the agreement,
shall ad In an independent capacity and not as officers or ef1l)ioyees or agents of State of California.
3. The State may teminate this agreement and be relieved of the payment of any consideration to
Contrador should Contractor fail to perform the covenants herein contained at the time and in the
manner herein provided. In the event of such temination the State may proceed v.ith the IMlIk in any
manner deemed proper by the State. The cost to the State shall be deducted from any sum due the
Contractor I.Ilder this agreement, and the balance, if any, shall be paid the Contractor upon derrand.
4. Wthout the 'IIIitten consent of the Stllte, this agreement is not assignable by Contractor either in
whole In part.
5. lime is of the essence in this agreement.
6. No alteration or variation of the terms of this contract shall be valid unless made in witing and signed
by the parties hereto, and no oral LJ1derstanding or agreement not incorporated herein, shall be
binding on any of the parties hereto.
7. The consideration to be paid Contract, as provided herein, shall be in COI1ll8flS8tion for all of
Contraclol's expersas incured in the performance hereof, inducJing travel and per diem unless
otherwise expressly so provided.
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Article II - Ca1ract Period
This conIract shall begin on June 30, 1995, contingent upon approval by the Slate, and expire on .h.re 30,
1997, unless extended by supplemental agreement.
Article III - Ca1Iract Adriristration
A The Contract Manager for Caltrans is Michael Seaman, (916) 653-1991.
B. The Principal Investigator for San Diego State University Foundation is John Eger,
Executive Director, International Center for Communications, (619) 594-6933.
Article IV - AIIoNable Costs ard Payments
A Upon completion of the foregoing in a satisfactory manner, Caltrans agrees to pay the San Diego
State University Foundation an amount equal to the latter's cost of performance, based on actual
allowable costs, hereunder, COI'Tllllled in accordance with Section 8752 and 8752.1 of the State
Administrative Manual.
B. Transportation and subsistence costs shall not exceed rates authorized to be paid State
ert1lIoyees under current State Department of Personnel Administration rules.
C. Progress payments will be made monthly in arrears based on services provided and actual costs
incurred. The State will withhold 10% of each progress payment. The retention amount will be
paid to the Contractor after the State has evaluated the Contractor's performance and made a
detennination that all contract requirements have been satisfactorily fulfilled.
D. The Contractor shall not 001 ,. ,1eIlCe performance of work or services until this contract has been
approved by the State. No payment will be made prior to approval nor for any work performed
prior to approval of this contract
E The Contractor will be reimbursed as promptly as fiscal procedures will pennit upon receipt by
the Contrad Manager of itemized invoices in triplicate. Invoices shall refel;ence this contract
number and project title and shall be submitted to:
Department of Transportation
Office of Transportation Demand Management
Attn: Michael Seaman
P.O. Box 942874 MS-36
Sacramento, CA. 94274-0001
F. The total amount payable by the State shall not exceed $450,000.00.
Article V - PUlrlC8tion
A The Contractor shall not copyright the report required by this agreement.
B. The report required by this agreement shall become the property of the State, and all publication
rights are reserved to the State.
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Page 4 of 8
C. The title pages of the report shall bear an appropriate inscription ackna.NIedging the sources of
funds used to produce the report.
. D. The report shall contain the folla.ving disclaimer in a separate section preceding the main body
of the document:
"The oontents of this report reflect the vievJS of the author who is responsible for the facts and
accuracy of the data presented herein. The contents do not necessarily reflect the official vievJS
or policies of the State of California or the Federal Highway Administration. This report does not
constitute a standard, specification, or regulation."
Article VI- Temination
. The Department of Transportation reserves the right to terminate this agreement upon thirty (30) days
written notice to the Contractor.
Article VII - FlIlCIing Reqljrements
A It is mutually understood between the parties that this contract may have been written before
ascertaining the availability of congressional or legislative appropriation of funds, for the mutual
benefit of both parties in order to avoid program and fiscal delays that would occur if the contract
were executed after that determination was made.
B. This oontract is valid and enforceable only if sufficient funds are made available to the State by
the United States Govemment or the Califomia State Legislature for the purpose of this program.
In addition, this contract is subject to any additional restrictions, limitations, conditions, or any
statute enacted by the Congress or the State Legislature that may affect the provisions, terms or
funding of this oontract in any manner.
C. It is mJtually agreed that if the Congress or the State Legislature does not appropriate sufficient
funds for the program, this contract shall be amended to reflect any reduction in funds,
D. The State has the option to void the contract under the 3O-day cancellation dause or to amend
the contract to reflect any reduction of funds.
Article VIII - Change In TennslAmenctnent
This contrac:t may be amended or modified only by mutual written agreement of the parties.
Article IX - Cost PrincIples
A The Contractor agrees to comply with Federal procedures in accordance with Office of
Management and Budget Circular A-8?, Cost Principles for State and Local Govemments.
B. The Contractor also agrees to comply with Federal procedures in accordance with 49 CFR, Part
.18, Uniform Administrative Requirements for Grants and Cooperative .AQreements to State and
Local Governments.
C. The Contractor also agrees to comply with Federal procedures in accordance with Office of
Management and Budget Circular A-110, Uniform Mministrative Requirements for Grants and
.AQreements with Institutions of Higher Education, Hospitals and other Nonprofit Organizations.
Additonally, the Contractor agrees to comply with OMS Circular A-122, Cost Principles for
Nonprofit Organizations for the purpose 1 S~dii19.
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D. The Contractor also agrees to comply with Federal procedures in accordance with Office of
Management and Budget Circular A-21, Cost Principles for Educational Institutions, which
establishes principles for determining costs applicable to grants, contracts, and other agreements
with educational institutions.
E. My costs for which payment has been made to Contractor that are determined by subsequent
audit to be unallaNable under Office of Management and Budget Circular A-87 are subject to
repayment by Contractor to State.
Article X - Relenlia1 fA RecordsIAucils
For the purpose of determining compliance with Public Contract Code SecIIon 10115, et. seq. and
Title 21, Califomia Code of Regulations, Chapter 21, Section 2500 et. seq., when applicable, and
other matters connected with the performance of the contract pursuant to Govemment Code Section
10532, the Contractor, subcontractors and the State shall maintain all books, documents, papers,
accounting records, and other evidence pertaining to the performance of the contract, including but
not limited to, the costs of administering the contract. All parties shall make such materials available
at their respective offices at all reasonable times during the contract period and for three years from
the date of final payment under the contract. The State Auditor, FHVVA, or any duly authorized
representative of the Federal govemment shall have access to any books, records, and documents of
the Contractor that are pertinent to the contract for audits, examinations, excerpts, and transactions,
and copies thereof shall be fumished if requested.(Govemment Code SecIIon 10532)
Article XI - Disputes
A My dispute conceming a question of fact arising under this contract that is not disposed of by
agreement shall be decided by the Department's Contract Officer, who may consider any written
or verbal evidence submitted by the Contractor. The decision of the Contract Officer, issued in
writing, shall be conclusive and binding on both parties to the contract on all questions of fact
considered and determined by the Contract Officer.
B. Neither the pendency of a dispute nor its consideration by the Contract Officer will exaJSe the
Contractor from full and timely performance in acoordance with the terms of the contract.
Article XII - Sw...... Ib ..ding
A The Contractor shall perform the work contemplated with resources available within its 0M'l
organization and no portion of the work shall be suL...o. Ib acted without written authorization by
the State's Contract Manager, except that which is expressly identified in the Contractot's
costlbid proposal, or indentified on the DBE or MBEMeEIDVBE participation goals and
verification Form ADM 0227.
B. My subcontract in excess of $25,000, entered into as a result of this contract, shall CXlntain all
the provisions stipulated in this contract to be applicable to subcontraCtors.
C. My substitution of subcontractors must be approved in writing by the State's Contract Manager
in advance of assigning work to a substitute subcontractor.
Article XIII - National Labor Relatials Board Certillcation
In accordance with Public Contract Code Section 10296, the Contractor hereby states under penalty
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Conlrac:l, .. 51X717 Rl
Page 6 of 8
of perjury that no more than one final unappealable finding of contempt of court by a Federal court
has been issued against the Contractor within the immediately preceding two-year period because of
the Contractor's failure to oompIy with an order of a Federal CXlurt that orders the Contractor to
comply with an order of the National Labor Relations Board.
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ArlIcIe XIV - Evakation cl ConIraclcr
The Contrac:tor's performance, as required by this contract, will be evaluated, and if negative findings
are made, will be reported to the Department of General Services Legal Office.
ArlIcIe XV - Statement cl Cal1JDance
The Contractor's signature affixed hereon and dated shall CXlnstitute a certification under the penalty
of peJjury under the laws of the State of California that the Contractor has, unless exempted,
oompIied with the nondiscrimination program requirements of Government Code Section 12990 and
Title 2, California Code of Regulations, Section 8103.
ArlIcIe XVI - Federall...olJt7jing Activities Certification
A The Contractor certifies, to the best of his or her knowledge and belief, that:
No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the
oontrac:lor, to any person for influencing or attempting to influence an officer or employee of any
State or Federal agency, a Member of the State Legislature or United States Congress, an
olIicer or employee of the Legislature or Congress, or any employee of a Member of the
Legislature or Congress in connection with the awarding of any State or Federal contract, the
making of any State or Federal grant, the making of any State or Federal loan, the entering into
cl any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any State or Federal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
~ress in connection with this Federal oontract, grant, loan, or cooperative agreement, the
Contractor shall oompIete and subrm Standard Form-LLL, "Disclosure Form to Report Lobbying",
in acoordance with its instnJclions.
C. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. AIrt
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
D. The Contractor also agrees by signing this document that he or she shall require that the
language of this certification be included in all lower tier suboontracts, which exceed $100,000,
and that all such subrecipients shall certify and disclose aooordingly.
Article XVlI- Failue To Pay
Should Cities or Counties fail to pay monies due the State within 30 days of demand or within such
other period as may be agreed between the parties hereto, State, acting through the State Controller,
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may withhold an equal amount from future apportionments due Cities or Counties from the Highway
Users Tax Fund.
Miele XVIII . Drug Free Wort<pIace Certification
By signing this oontract, the contractor hereby certifies under penalty of perjury under the laws of the
State of California that the contractor will comply with the requirements of the Drug-Free VI.brkpIace
Pd of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by doing
all of the following:
A Publish a statement notifying employees that unlawful manufacture, distribution, dispensation,
possession, or use of a controlled substance is prohibited and specifying actions to be taken
against employees for violations, as required by Government Code Section 8355(a).
B. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to
inform employees about all of the following:
(1) the dangers of drug abuse in the workplace,
(2) the person's or organization's poIic.y of maintaining a drug-free workplace,
(3) any available counseling, rehabilitation and employee assistance programs, and
(4) penalties that may be imposed upon employees for drug abuse violations.
C. Provide as required by Government Code Section 8355(c) that every employee who works on
the proposed contract or grant:
(1) will receive a copy of the company's drug-free poIic.y statement, and
(2) will agree to abide by the terms of the company's statement as a condition of efl'll/oyment
on the contract or grant.
Failure to comply with these requirements may result in suspension of payments under the contract
or termination of the contract or both and the contractor may be ineligible for award of any Mure
state contracts if the Department determines that any of the following has cx:curred: (1) the
contractor has made a false certification or, (2) violates the certification by failing to carry out the
requirements as noted above.
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Ar1icIe XIX . ConIradDr's PrioIity Hiring Ca lSideratia1s
The Contractor shall give priority consideration in filling vacancies in positions funded by this contract
to qualified recipients of aid under Chapter 2 commencing with Section 11200 of the VVaIfare and
Institutions Code, in acoordance with Artide 3.9 commencing with Section 11349 of the VVaIfare and
Institutions Code.
Ar1icIe XX . Aucit Review Prcced.ns
A Any dispute concerning a question of fact arising under an Interim or post audit of this contract
that is not disposed of by agreement shall be reviewed by the Chairperson of the Aucflt Review
COmmittee (ARC). The ARC will consist of the Assistant Director, Audits & Security
(Chairperson); Deputy Director of the functional Program area; the Chief Counsel, Legal Division,
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Contraa ,..,. 51X717 R1
Page 8 01 8
or their designated alternates; and if the Department chooses, two representatives of the
Department's choosing, from private industly. The two representatives from private industry will
be advisory in nature only and will not have voting rights. Additional members or their alternates
may serve on the MC.
B. Not later than thirty (30) days after issuance of the final audit report, the Contractor may request
a review by the MC of unresolved audit issues. The request for review will be submitted in
writing to the Chairperson of the MC. The request must contain detailed information of the
factors involved in the dispute as well as justifications for reversal. A meeting by the MC will be
scheduled if the Chairperson concurs that further review is warranted. Mer the meeting, the
MC will make reconvnendations to the Chief Deputy Director. The Chief Deputy Director will
make the final decision for the Department. The final decision will be made within three (3)
months c:l receipt of the notification of dispute.
C. Neither the pendency of a dispute nor its consideration by Caltrans will excuse the Contractor
from full and timely performance, in acoordance with the terms of this contract.
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Contract #51X717
Smart Communities
-- Work Plan Page 1 of 9
Gli1DELINES FOR DEVELOPLNG "SMART' COMMUNITIES IN CALIFORNIA
EXHIBIT ,F --- WORK PLAN
San Diego State University. the contractor. is responsible for [he completion of all work
described herein. There are tive groups of tasks which constitute the work: situation
analvsis. communitv outreach. guidebook. dissemination of results. and project
administration and coordination.
L SITUATION ANALYSIS
This task group provides the foundation for the remaining tasks. It is intended that the
inventory and analysis for this project be based on lessons learned from Caltrans'
'VorkSmart project and Davis Community Network projects and conducted as an early
outgrowth of the Caltrans strategic plan to develop the "Electronic Highway alternative".
The contractor will conduct the following activities:
A. Literature Review
To establish basis for prototype "Smart" community developed from lessons learned
in WorkSmart project. Davis Community Network project. and related projects by
CaItrans and others working to develop the "electronic highway alternative". The
following tasks will be required to complete the literature review process:
1. Conduct on-line searches and identify resources, databases, and existing
inventories.
2. Identify and review white papers. legislation. etc.
a. Caltrans projects
b. Community networks and BBS
c. Components of smart communities
d. Educational institutions
3. Review funded smart community projects:
a. Federal INTIA. NSF. etc)
b. States
c. Foundations
d. Private sector projects
4. Summarize. repon and make repon available through the World Wide Web.
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Contract #51X7l7
Smart Communities
-- Work Plan Page 2 of 9
The literature review will be carried out in the first 10 weeks of the project. The
following specific assignments will culminate in a review of appropriate literature:
Task Area
WorkS mart
Caltrans Projects
Communitv Networks
Smart Communities
Components of Smart Communities
Telecommunications Projects
Documents and World Wide Web posting
Institution Lead
Center for New West
UC Davis
UC Davis
SDSU/CNW
SDSU / UC Davis
SDSU
SDSU / UC Davis
PRODUCTS: Upon approval from Caltrans. written document and World Wide Web
postings that summarize history and state-of-the-art of "Sman" communities including
annotated bibliography. Reproducible briefing materials I text. o\'erheads and handouts)
for oral presentation and leave-behind events.
B. Inventorv
What local governments. other state agencies. federal government. the private sector
and other states and countries are doing about "Smart" communities and how the
private sector and users are involved and relating same to economic competitiveness
of California communities. The following tasks will be performed:
1. Set up criteria and select representative models in the following areas:
a. Local
b. Regional
c. State
d. National
e. International
, Conduct interviews/surveys with technical project managers of model projects
3. Summarize and make repon available through the World Wide Web.
The inventory task will be initiated in the 11th week of the project and continue untillhe
19lh week of the project. The following specific assignments will culminate in an
inventory and assessment of programs. projects. and initiatives:
Task Area
Local Governments
State Agencies
Federal Government
Private Sector
Other Slales & Countries
Documents and World Wide Web posting
Institution Lead
UC Davis
SDSU / UC Davis
SDSU / CNW
SDSU / CNW
UC Davis
SDSU / UC Davis
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Contract #51X717
. Sman Communities
. -- Work Plan Page 3 of 9
PRODUCT: Cpon approval from Caltrans. written document and World Wide Web
posting that lists programs. projects and initiatives concerning the Information Highway.
Reproducible briefing materials (text. overheads and handouts) for oral presentation and
leave-behind events.
C. Analvsis of Situation
Assess the opportunies for the creation of "sman" communities in California:
1. Assess the following aspects of "smart" communities:
a. Individuals' needs
b. Tools
c. Technical infrastructure
d. Institutional infrastructure
, Coordination with Caltrans TDM strategies
3. Value of smart communities for California
4. Summarize, write report and make report available through the World Wide
Web.
The analysis task will be initiated in the 20th week of the project and continue until the
34th week of the project. The following specific assignments will culminate in an
assessment of the situation.
Task Area
Tools
Technical Infrastructure
Individual Needs
Institutional Infrastructure
Caltrans Stratee:ies
Sman Communities
Documents and World Wide Web posting
Institution Lead
SDSU I UC Davis
SDSU I UC Davis
UC Davis
UC Davis
SDSU I UC Davis
Center for New West
SDSU I UC Davis
PRODUCT: Upon approval from Caltrans, written document and World Wide Web
posting assessing situation. Reproducible briefing materials (text. overheads and
handouts) for oral presentation and leave-behind events.
The Situation Analysis task group will represent 10 percent of the total project budget.
n. COMMUNITY OUTREACH
Through another contract, Caltrans is looking at community telecommunications mobility
when the drivers are forces other than the municipality itself. In that project. the
community groups have taken the lead and the local govenment is a belated panicipant.
Through this task group a companion model will be explored wherein the driving force is
the municipality, which must seek out the diverse groups in the community for
panicipation. These two models---one from the grassroots up and one from the top
down---bracket the spectrum for creation of "sman" communities. The results from this
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Contract #51X717
Sman Communities
.. Work Plan Page 4 of 9
task group will be combined with the outcome of the model being explored through the
other Caltrans contract to constitute the basis for the "How-to" guidebook (see Task
Group III.. below).
This task group represents the steps that will be taken by the second model approach to
identify the products that consumers want or need to obtain mobility from a "sman"
community. how much they are willing to pay for the product. and how the product will
be brought to the community / marketplace. This will require an intensive. hands-on
outreach effon including focus groups and appropriate materials. to identify the
commitments and roles of interested community groups and organizations. The City of
Chula Vista, which already has a notewonhy supply of "sman" facilities (telecenters plus
school and library facilities) will thus serve as a test community for determining the
vision. needs and demands for on-line services for residents and businesses and the
mobility benetits to be gained therefrom. Conceptually. Chula Vista plans to establish a
city-wide on-line community network (but I1Q1 a stand-alone electronic bulletin board)
which will provide:
. access to public information
. interactivity between the city's residents/customers and city depanments for
various items such as permitting. paying fees. etc.
. greater community panicipation in public policy issues. and
. accomodation of mobility demand via the information highway.
In establishing the program. the City has developed preliminary goals that this task group
will seek to fulfill. The goals include
. provide better service to residents and serve the needs of the community in a more
efficient manner
. reduce walk-in/counter traffic
. reduce auto trips to City Hall
. do so in a cost-neutral or revenue-generating manner.
The contractor will conduct the following activities:
A. Engage the City to develop and activate a detailed project plan for the City of
Chula Vista as a model municipality-driven community network and obtain buy-
in from affected city depanments. including:
1. Working with project team and City depanments. develop task group plan and
city staffing plan for outreach tasks and obtain Caltrans approval. The
experiences of the Davis Community Network/City of Davis and other
relevant community networks (see Task Group I) will be considered as .
foundations for the Chula Vista outreach process.
2. Working with project team. determine whether outreach function will be
handled by city staff. in-house consultant or via RFQIRFP for outside
consulting services. include such determination in task group plan and obtain
Caltrans approval.
3. If RFQIRFP for outside consulting services is chosen. develop RFQIRFP and
select outside consultant with assistance from project tearn.
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Contract #51X717
Smart Communities
-- Work Plan Page 5 of 9
~. Pursuant to II.A.3. administer subcontract for outreach consultant services and
ensure full coordination of said consultant's work with work of rest of project
tearn.
B. Conduct community needs assessment per the plan. including:
1. Public workshops
2. Scenario building workshops
3. Council Visioning workshops
C. Evaluate community response for value added to City/community, addressing:
1. Technical issues and feasibility
2. Economic feasibility
3. Local public policy issues
~. Estimated mobility benefit
D. Prepare financing strategy and implementation recommendations for submillalto
the City Council.
E. Summarize, write repon and make report available through the World Wide Web.
The Community Outreach task will be initiated in the first week of the project and
continue until the 39th week of the project. The following specific assignments will
culminate in a document detailing the community outreach process performed in Chula
Vista:
Task Area
Task group plan
Community Facilitation and community
contacts
Local and Internal Coordination and City
Council approval
Analysis
Institution Lead
Chula Vista / SDSU
Chula Vista / Outreach sub / Center for
the New West /SDSU
Chula Vista
Action Strategy
Documentation and World Wide Web
posting
Chula Vista /UC Davis / Center for the
New West
Chula Vista / SDSU
UC Davis / Center for the New West /
Chula Vista
PRODUCT: Upon approval from Caltrans, wrillen document and World Wide Web
posting that details the community outreach process and identifies the services required
by the residents and businesses of Chula Vista. Reproducible briefing materials (text,
overheads and handouts) for oral presentation and leave-behind events.
The Community Outreach task group will represent 50 percent of the total project budget.
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Smart Communities
-- Work Plan Page 6 of 9
m. GL1DEBOOK
This task group will produce a document to be used in the development of the prototype
"Smart" communities. The audience for the guidebook will consist of public and private
sector entities interested in establishing their communities lor sectors thereof) as "Sman
Communities". Building on the experience gained from the Davis and Chula Vista tests.
the project team will suggest processes whereby communities can become "Sman"
communities. The guidebook is also intended to assist Metropolitan Planning
Organizations and other potential funders with understanding how to develop "Sman"
communities at the regional level. The contractor will conduct the following activities:
A. Draft "How-to" Guide
Develop a draft guidebook for communities planning to access the information
highway. Based on the literatwe review. project analyses. and experiences of the
Cities of Davis and Chula Vista. create a first-cut draft guidebook that communities
can use to establish themselves as "Smart" Communities. The Guidebook will
identify the elements to be incorporated in the scope of setting up a "Smart"
Community. These will include. but not be limited to:
. Delivery of Governmental Services
. Delivery of Educational Services
. Delivery of Community and Social Services
. Facilitation of Work and Commerce
The Guidebook will use a format that can be easily updated as communities progress
through and complete their transitions towards establishment as "Sman" communities
including the development of "Smart" community components as well as
implementation of all "Sman" community system elements throughout the
community.
B. Review and Comment of "How-to" Guide
1. Upon approval from Caltrans, circulate Guidebook to appropriate reviewers,
soliciting input. The review process will include validation of the guidebook
through meetings with the League of Cities, County Supervisors Association
of California (CSACl, statewide associations of special districts. etc. and with
metropolitan planning orgainzations responsible for regional transportation
demand management functions.
2. Revise Guidebook as warranted by review and comment and submit to
Caltrans for approval.
The Guidebook task will be initiated in the 35th week of the project and continue until
the 52nd week of the project. The following specific assignments will culminate in a first-
cut draft guidebook suitable for use by communities desirous of becoming "Smart"
communities.
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Task Area
Community Networks
Sman Communities
Community Preparation
Government Services
Educational Services
Communitv and Social Services
Work and Commerce
Marketing (including Community
Relations and Development)
Community Or!!anization and Involvement
Document 'assemblv. validation. revision,
completion and World Wide Web posting
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Contract #51K717
Sman Communities
-- Work Plan Page 7 of 9
Institution Lead
UC Davis
SDSU / Center for the New West
UC Davis
UC Davis / Chula Vista
SDSU / UC Davis
SDSU
Center for the New West
SDSU / Chula Vista / UC Davis
UC Davis / Chula Vista
SDSU / Center for the New West / UC
Davis, Chula Vista
PRODUCT: Cpon approval from Caltrans. wrilten document and World Wide Web
posting of first-cut draft guidebook. Reproducible briefing materials (text, overheads and
handouts) for oral presentation and leave-behind events,
IV. DISSEMINATION OF RESULTS
The Guidebook task group will represent 25 percent of the total project budget.
This task group will document the lessons learned from the project and provide
recommendations for funher action. It will enable Caltrans to communicate the results to
others in a document for publication and via the World Wide Web. It will also provide
Caltrans with information on whether to supplement with a conference. video or
CD/ROM to announce the results and explain the project to local officials and other
panies interested in "Sman" communities for California. Submit press release to house
organs of regional and statewide organizations serv;ng cities. counties. and special
districts. with goal of stimulating anicles in their publications. The contractor will
conduct the following activities:
A. Preoare tinal repon.
I. Circulate draft document to appropriate reviewers for input and submit repon
to Caltrans for review and comment.
2. Make changes as necessary and create final repon. Obtain Caltrans approval
to issue final repon document for public consumption.
B. Dissemination Methods
Recommend means and cost estimates of on-going information dissemination (to be
funded later) including, but not limited to the following alternatives:
. ..1,nnounce project results at conference I s l. Determine whether the project can
suppon a one-day issues conference and whether to panicipate t piggyback) in the
conferences of key players. e.g. Chambers of Commerce. CSAC, League of
Cities. special district associations. regional council meetings, etc.
;1-.<:/0
r ~~. J
i~ I
I
-,
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Contract #51X7l7
Sman Communities
- Work Plan Page 8 of 9
. Prepare video or other non-interactive means of widespread documentation.
. Prepare CDIROM or other interactive means of widespread documentation.
Determine best method and recommend to Caltrans. Identify steps to prepare for
delivery, evaluation. and feedback: steps to implement: and method and schedule to
document findings.
The Dissemination of Results task group will be initiated in the 49th week of the project
and continue until the 52nd week of the project. The following specific assignments wiil
culminate in the dissemination of project results.
Task Area
Draft Final Report
Institution Lead
SDSU / Center for the New West / UC
Davis
SDSU / Center for the New West
l'C Davis
Dissemination Methods
Final Document and World Wide Web
posting
PRODUCT: Upon approval from Caitrans, written document and World Wide Web
posting of final report and action strategy.
The Dissemination task wiil represent 10 percent of the total project budget.
V. PROJECT ADMINISTRATION AND COORDINATION
This task group will provide for project management and day-to-day administration as
well as ensure that the project is fully coordinated with TDM projects and activites
undertaken by other parties. The contractor will conduct the following activities:
A. Mana\l'ement and Administration tasks.
Manage and administer the work activities to ensure I) full coordination of work
tasks within project sponsors and panicipants and 2) acceptable. fully-functional
subcontracting, and conduct project management functions. including:
I. Obtain staff and establish project team to include Caltrans. the University and
other appropriate panies for review of approach and products.
Hold project team meetings as appropriate. To the maximum extent possible,
electronic communication methods will be used for project management
purposes.
3. Develop and manage subcontractor contract(s) pursuant to Caltrans approval.
~
~. Provide day-to-day project management and administration functions
including invoices for payment. biweekly status reportS. correspondence. etc.
g-4/
!5~~;L
'# 1....;.., ...
~
Contract #51X717
Sman Communities
-- Work Plan Page 9 of 9
B. Coordination tasks
I. Provide information to Caltrans districts and other interested panies as project
progresses. using audio and video conferencing whenever practical.
, Establish communications and full coordination with related Caltrans TDM
and telecommunications mobility projects including statewide strategic plan
for TDM marketing (and regional pannerships for TDM marketing), TDM
elements ofregional overall work plans (OWPs) implemented through
Metropolitan Planning Organizations, the statewide strategic plan for
telecommunications mobility and subsequent projects, and all
telecommunications mobility contracts being managed by the Caltrans Office
of Transportation Demand Management or Caltrans district offices.
3. Hold a project-concluding briefing for Caltrans districts and selected
headquaners program representatives (list to be supplied by Caltrans).
Task Area
Principal Investigator I Project
Administration
Project management, coordination and
reporting
PRODUCT: Fully managed, coordinated and documented project pursuant to contract
documents. including administration of subcontractors, status report and invoice
submittals, delivery of products and adherence to project schedule.
Institution Lead
SDSU
SDSU I Center for the New West
The Project Administration and Coordination task group will represent 5 percent of the
total project budget.
,.
2'--/':2,
COUNCIL AGENDA STATEMENT
Item Title:
/}.
Item '1
Meeting date 10/24/95
I. l'i/'tJ8'.1. . A d
Reso utlOn approvmg men ment NO.2 to Agreement No.
94-04772V between the University of California - Davis and the City to
the original Telecenter Services Agreement extending the term,
providing $40,000 in additional services and appropriating budget
accordingly.
IS. Resolution ItrtJ~J approving Amendment No. I to Agreement No.
94-05798V between the University of California - Davis and the City in
the original Telecenter Services Agreement extending the term,
providing for $40,000 in additional services and appropriating budget
accordingly.
Submitted bv: Barbara Bamb:rger, Enr,~mental Resource Man~~
Reviewed bv: City Manag~ ~~) (4/5tb Vote: Yes2;_ No->
The Chula Vista Telecenters have been in operation for approximately one year. Since the
inception of the Telecenters program, the City has been a participant in a state-wide study
conducted by the University of California - Davis's Institute of Transportation Studies which
tracks the effectiveness and success of these telecenters. As one of several participating
agencies throughout the state, the University of California - Davis has offered the City the
option of extending its original contract, and receiving an additional $40,000 for each of the
two telecenters - $80,000 in additional funding. Council approval of these agreements will
provide an additional $80,000 that can be used for marketing and salary costs for the
telecenter. Additionally, this action approves extension of the Telecenter Director and
Telecenter Technology Director positions, both originally hired as one year positions, to be
renewed based upon additional non-city funds received for the project.
Recommendations:
1. Approve Amendment NO.2 to Agreement No. 94-04772V of the original Telecenter
Services Agreement between the University of California - Davis and the City,
appropriating budget for same.
2. Approve Amendment No. I to Agreement No. 94-05798V between the University of
California - Davis and the City, appropriating budget for same.
Boanls/Commissions Recommendations: The Telecenter Task Force has expressed its
support for increasing grant funding for the telecenter.
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Page 2, Item ~
Meeting Date 10/24/95
DISCUSSION:
Backl!:round
The Telecenter is a new concept changing the way communities work. Telecenters provide
an alternative to commuting to work -- it offers commuting by using telecommunications
equipment such as computers, modems, telephones, and fax machines, using the "information
highway" versus the concrete highway to get to work a few days a week, and to do so close
to home. Telecenters provide a new planning tool to reduce air pollution, reduce traffic
congestion and promote economic development in "bedroom" communities by providing an
opportunity for suburban residents to stay in their communities, resulting in retail and
restaurant dollars being spent in the community they live, rather than in their typical work
environment.
A Telecenter provides a professional work space designed for residents to perform their job
and stay in touch with their main office. The City has been part of a state-wide telecenters
study for the past two years. The intent of the project has been to determine if it is practical
and convenient to move information to people rather than to move people to remote locations.
The City has built two Telecenters. The East H Street Telecenter, located across from
Southwestern College, opened in August 1994, and the second telecenter, near the corner of
3rd and F Street in downtown Chula Vista, opened mid-February 1995.
The original plan was to build one large Telecenter rather than two smaller Telecenters. After
conducting demographic research, Council approved staffs recommendation to build two
smaller telecenters in order to accommodate two distinct markets within the community, thus
targeting "information workers" in a broader geographic area. An information worker is
defined as anyone whose job is information intensive and does not depend on the location of
the worker, such as Customer Service Representatives, telemarketers, accountants, systems
analysts, mid management, budget analysts, administrative analysts, sales Representatives,
graphic artists, engineers and more.
Fundin!!
The City developed the Telecenters using grant funding only -- no city funds were used.
Sources for the grants included the California Department of Transportation, the University of
California Davis - Institute of Transportation Technologies, and the Air Pollution Control
District. In November 1993, the City received a total of $378,000 in grant funding for the
telecenter project - Over the past two years, the first of which was primarily planning and
market development, those funds covered the costs for all telecenter related expenses --
including tenant improvements for both buildings, lease costs for both buildings for one year,
pre-opening staff, marketing and business plan development, two full time positions,
equipment, computers and office furniture, marketing, advertising and promotional costs. The
City also received one private donation from Cox Communications. Of the original grants,
$53,000 has been retained and carried forward to 1995-96.
9-2
Page 3, ItemL
Meeting Date 10/24/95
In terms of revenue, the telecenters have brought in $20,000 over the past year. Weare
continuing to develop partnerships with private companies that will be paying for space within
the Telecenter, and have begun marketing the video conferencing equipment for hourly
rentals.
This year, $160,000 in additional grant contracts have been committed to the City - $80,000
from the University of California - Davis and another $80,000 from the California Energy
Commission. Approval of the two UC - Davis agreements will extend existing contracts that
expired at the end of the last fiscal year. All applicable expenditures incurred since July 1,
1995 will be reimbursed to the City. The following is a list of all current and expected
(designated by *) sources for FY 95-96.
SOUll:e
Dollanl
Air Pollution Control District
California Dept. of Transportation (Caltrans)
University of California-Davis
Cox Cable
California Energy Commission - SANDAG
total
$ 30,000
$ 23,000*
$ 80,000
$ 9,000
~ 80.000*
$222,000
(carried over)
(contract expected October '95)
(carried over)
(contract expected November '2il
Prol!ram Impact & Occupancy Rates
The goals of the Chula Vista Telecenter Project are to reduce automobile trips, traffic
congestion, energy consumption and air pollution by providing telecommunications
technology at two Telecenters which allow commuters to work closer to home.
The Telecenters are being studied as a prototype for future planning, providing data on issues
like:
- impact on local traffic flow
- demographics of communities most likely to benefit
- start-up, operational costs
- business partnershiplrevenue opportunities
The City collects program evaluation data including surveys and attendance logs from all
telecommuters for both Telecenter sites, provides this data to the University, and they use that
information to evaluate, analyze and report findings and the potential impacts of neighborhood
Telecenters. The City provides Caltrans, UC Davis and the APCD with quarterly progress
reports on occupancy, operations, marketing, maintenance, income and expenses.
Partnerships have provided additional opportunities to reduce vehicular traffic and congestion.
The University of Phoenix has rented our conference room 4 nights a week to provide
evening classes for South Bay students who would ordinarily travel 15-20 miles to the main
9- 3
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Page 4, ItemL
Meeting Date 10/24/95
campus in Kearny Mesa. They also rent out a private office in the downtown Telecenter full
time, which allows them to service a new market where the telecommuters live, reducing auto
trips by up to 15 minutes per trip and eliminating those trips from already congested
freeways. The University of Phoenix students are currently saving 4,080 miles per month by
coming to the Telecenter for their classes instead of driving to the main campus. An
additional 300+ miles per month were saved in the months of May and June for a temporary
class that took place in the small classroom.
Occuoancv Rates
The occupancy rate is a calculation of the number of actual telecommuting days divided by
the product of the number of workstations and the number of possible telecommuting days in
the month. Now entering its second year of operations, the East H Street Telecenter has
established a 42% occupancy, and the downtown Telecenter is at a 24% occupancy.
Combined, the Telecenters can accommodate up to 19 clients per day, and 5 - 10 clients per
night, ultimately eliminating 5,320 auto trips annually from telecommuters alone, 2,500 more
trips saved by distance learning students.
The vehicle miles saved by our telecommuters are calculated based on the actual occurrences
at the Telecenter multiplied by the miles saved by the telecommuter by not traveling to the
regular workplace. Based on a recent report from UC Davis, the average monthly miles saved,
including both Telecenters, is 1,553.9.
Worli Tasks and Proiect Obiectives
In exchange for receiving additional funding from the University, the City agrees to provide
monthly reports on occupancy, operations, marketing/recruitment activities, training,
maintenance, income and expenses, and recommendations for the telecenter project.
The City is also required to actively participate with other telecenter coordinators to discuss
participant recruitment activities, funding strategies, operational issues and other pertinent
topics. The City is expected to participate in recruitment and promotional activities with all
other telecenters in the region. Payments to the City will be based upon city invoices,
achievement of predetermined occupancy rates (as listed in the attached contract) and survey
remittance.
FISCAL IMPACT
An additional $80,000 will be received by the City and added to the telecenter budget. From
Agreement No. 94-04772V, $40,000 will be appropriated into the Energy Conservation Fund -
Telecenter "H" Street account 280-2801 and from Agreement 94-05798V, $40,000 will be
allocated to the Energy Conservation Fund - Downtown Telecenter to account 280-2807.
9- 4
ir7
.,-,
Attachments:
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment C:
Telecenter Budget for East H Street Telecenter
Telecenter Budget for 311 F Street Telecenter
Services Agreement #9404772V
Services Agreement #94-05798V
Flyer sent to employers in region
9 - 5 /'1-?
Page 5, Item~
Meeting Date 10/24/95
15'2
Obiect Accounts
5105
5141
5143
5222
5225
5221
5212
ATIACHMENT A
Budget for 1550 East H Street - Telecenter Director and Marlreting funds:
Budget for: 280-2801
Energy ConselVation Fund - Telecenter Project
Agreement 94-04772V
Catel!OIV
Total amount
salary
$34,000
retirement
$ 2,185
medicare
$500
promotional
$500
phone expenses
$1,400
travel, training and conferences
$500
printing and binding
$915
total: $40,000
/9-?
i~1
ATIACHMENT B
Budget for 311 F Street - Telecenter Technology Director and Marlreting funds:
Budget for: 280-2807
Energy ConselVation Fund - Telecenter Project
Agreement 94-05798V
Obiect Accounts
Catel!orv
Total amount
5105
salary
$34,000
5141
Retirement
$ 2,185
5143
medicare
$ 500
5222
promotional
$ 500
5225
phone expenses
$1,400
5221
travel, training and conferences
$ 500
5212
printing and binding
$ 915
total: $40,000
9~ r /c;- 1r2.
Ii t)
{to'-
Discover the
opportunities for
your business!
Here are several ways that your business can save
time and money by utilizing the cutting-edge
technology at Chula Vista's Telecenters:
. Settle into the telecenter's convenient,
comfortable videoconference room and attend
a meeting across the country.
. Communicate with customers anywhere inthe
world from the telecenter through the
electronic information highway.
. Provide your out-of-town employees or clients
with a complete office to use for work or
meetings.
. Send your employees to the telecenter's
interactive video classroom for a training or
class which .originates in another community.
i"elecenter services
:are tailored
for business
. Videoconferencing
. Executive Suites: Completely furnished
including computer, modem and phone (full or
part time rentals)
. Computers: IBM compatible or Macintosh with
word processing, spreadsheet and graphics
software
. Conference rooms and classrooms
. Internet access
. Distance learning in interactive video
classrooms
Call for an appointment
to put technology to work
for your business today.
Telecenter Technology Director: (619) 498-4909
(tp'imed on Recycled Peper
Two convenient Telecenter locations:
Downtown Chula Vista-311 F St., Ste. 101
Eastern Chula. Vista-1550 East H St., Ste.' J
Partner with the Telecenter!
Here are others who have:
. Cox Communications
. Tele-Images Videoconferencing
. University of Phoenix
. UCSD Cal Space Program
. Caltrans
. UC Davis
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CHULA VISTA
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Your business can cut down on meeting time and save money at Chula Vista's Telecenters!
9-/P
_'--'.... -T.", --._....-
Agreement No. 94-04772V
Amendment No. 2
AMENDMENT TO AGREEMENT
THIS AMENDMENT is made as of the -'-- day of , 19_, by and
between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (hereinafter called.
"University") and THE CITY OF CHULA VISTA (hereinafter called "CV").
Ri~lIa!d.:
WHEREAS, the parties have previously entered into that certain Telecenter
Services Agreement dated February 2, 1994 and earlier amended October 25, 1994
(hereinafter called "Agreement"); and,
WHEREAS, the parties now desire to amend Agreement in order to modify
certain provisions contained therein;
NOW, THEREFORE, the parties agree to amend Agreement as follows:
1. The term of the Agreement as defined in paragraph 3 is bereby extended
beginning June 29, 1995 through June 30, 1996.
2. During the extended term stated hereinabove, CV shall provide Telecenter
Services in accordance with Exhibit A-I contained in the Agreement and
Exhibit A-la, Amended Tasks, attac:,ed hereto and made a part hereof.
3. For and in consideration of the Services being provided during the
extended. term, University shall pay an amount not to exceed $40,000 in
accordance with the rates set forth in the Budget designated as Exhibit B-
I, attached hereto and made a part hereof.
4. All other terms and conditions, as previously amended, shall remain the
same.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date
first set forth above.
THE REGENTS OF THE
UNIVERS OF CA
By
By
Title
9-/]
/h I
Agreement No. 94-04772V
Exhibit A-la
Amended Tasks
Monthly Reports:
Provide monthly reports on occupancy, operations (including coordination activities: see
Project Coordination, below), marketing/recruitment activities, participant training,
maintenance, income and expenses, and recommendations and observations for the telecenter.
Occupancy rates will be calculated from the telecenter sign-in logs referred to in Exhibit A-2.
Reports and sign-in logs should be provided with monthly invoicing.
Deliverable: Monthly report and sign-in logs provided with monthly invoices to
University. Invoices and reports are due by the 15th of the following
month for the month being reported. Reports and invoices not
submitted within 30 days of the due date will not be accepted. All
reports must be submitted within the term of agreement to be accepted.
Tracking Services:
Using formats developed and provided by University, track and report on participant
employer/employee recruitment activities and participant training methods and outcomes.
Provide participant recruitment tracking information with sp.:cific participant information
referred to in Task 4. Results of training tracking information are to be provided in
narrative form with monthly report.
Deliverable: Recruitment tracking information due with specific participant
information. Training tracking information to be provided in narrative
form in monthly report.
Project Coordination
Actively participate with other telecenter coordinators to discuss participant recruitment
activities, funding strategies, operational issues, and other pertinent topics. Participate in
University-sponsored activities designed to achieve this coordination effort. Coordinate
participant recruitment and promotional activities with all other telecenters and related
Transportation Demand Management (TDM) projects operating in the region. The
University will consult with the site developer and assist in identifying other TDM projects
and their respective coordinators. The site developer will not be held accountable for
instances where other telecenters or projects decline to cooperate with coordination efforts.
Report to University on coordination efforts in monthly reports.
Deliverable: Written report documenting regional coordination efforts in monthly
report .
9-11
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IL1'l
Agreement No. 94-Q4772V
Exhibil B-1
BUDGET
Rates:
Payments shall be made for actual documented costs of expenses incurred. Reimbursement for
services described in Exhibits A-I, A-la and A-2 wil1 be limited to salaries for site staff
participating in program coordination, telecenter promotion, client recruitment, and evaluation
activities performed in connection with the telecenter; benefits for those staff; in-state travel costs
for project-sponsored activities per state rates; and communications expenses (fax, telephone, etc)
incurred during project-related business as defined in Exhibits A-I and A-I a. Total payment for
telecenter coordination services shall not exceed forty thousand dollars ($40,000.00). Payment of
invoices is subject to Caltrans' approval.
Payment Schedule:
Monthly payments shall be made upon receipt of invoices itemizing actual costs incurred during
the previous month, documentation supporting said costs (vendor receipts), and reports as
specified in Exhibits A-I, A-la and A-2 contained in the agreement. Salary charges shall indicate
number of hours worked and the hourly payment rate. Payments wil1 be made in accordance
with the following schedule and shall not exceed the amounts specified therein:
PAYMENT SCHEDULE
July 1995
August 1995
September 1995
October 1995
November 1995
December 1995
January 1996
February 1996
March 1996
April 1996
May 1996
June 1996
3,333.34
3.333.34
3,333.34
3,333.34
3.333.33
3.333.33
3.333.33
.., ..,..,..,..,..,
-',:U,).-',)
3,333.33
3,333.33
3,333.33
3.333.33
TOTAL
$40.000.00
Any exception to the above schedule requires prior written approval from the University.
9'/S
I ii'
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Agreement No. 94-D4772V
Ex.hibit B-1
Monthly payments invoiced may be reduced for occupancy rates below ten percent (10%) or for
non-remittance of surveys as required herein, in accordance with the following schedules:
Reduced Occupancy Payment Schedule:
1%
2%
3%
4%
5%
6%
7%
8%
9%
Percentage of
Pavment Invoiced to be Remitted
10%
20%
30%
40%
50%
60%
70%
80%
90%
OccuDancv Rate
Survey Remittance Payment Schedule:
10%
20%
30%
40%
50%
60%
70%
80%
90%
Percentage of
Pavment Invoiced to be Remitted
10%
20%
30%
40%
50%
60%
70%
80%
90%
Percentage of Survevs RetumeC:~
*(Surveys received by the University divided by total surveys due)
Surveys are due either on the due date assigned by the University, or two weeks from distribution
if no due date has been specified. In the event occupancy falls below 10% and total surveys due
are not remitted in any month, payment shall be calculated using both schedules indicated above
and actual payment remitted shall be based upon the lesser of the two reduced payment amounts.
Telecenter users with surveys 30 days or more overdue will not be counted in the calculated
occupancy rate.
The University reserves the right to withhold payment in the case of inadequate performance of
services.
~/}~
1;",'-1
..""
Agreement No. 94-05798V
Amendment No. 1
AMENDMENT TO AGREEMENT
THIS AMENDMENT is made as of the _ day of
between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
"University") and CITY OF CHULA VISTA (hereinafter called
I 19_,
(hereinafter
"CVtl).
by and
called
RE~lIa1~:
WHEREAS, the parties have previously entered into that certain Telecenter
Services Agreement dated October 25, 1994 (hereinafter called "Agreement"); and,
WHEREAS, the parties now desire to amend Agreement in order to modify
certain provisions contained therein;
NOW, THEREFORE, the parties agree to amend Agreement as follows:
1. The term of the Agreement as defined in paragraph 3 is hereby extended
beginning June 29, 1995 through June 30, 1996.
2. During the extended term stated hereinabove, CV shall provide Telecenter
Services in accordance with Exhibit A-I contained in the Agreement and
Exhibit A-la, Amended Tasks, attached hereto and made a part hereof.
3. For and in consideration of the Services being provided during the
extended term, University shall pay an amount not to exceed $40,000 in
accordance with the rates set forth in the Budget designated as Exhibit B-
I, attached hereto and made a part hereof.
4. All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date
first set forth above.
By
Title
9---/7
lb.:;
.
Agreement No. 94-05798V
Exhibit A-la
Amended Tasks
Monthly Reports:
Provide monthly reports on occupancy, operations (including coordinalion activities: see
Project Coordination, below), marketing/recruitment activities, participant training,
maintenance, income and expenses, and recommendations and observations for the telecenter.
Occupancy rates will be calculated from the telecenter sign-in logs referred to in Exhibit A-2.
Reports and sign-in logs should be provided with monthly invoicing.
Deliverable: Monthly report and sign-in logs provided with monthly invoices to
University. Invoices and reports are due by the 15th of the following
month for the month being reported. Reports and invoices not
submitted within 30 days of the due date will not be accepted. All
reports must be submitted within the term of agreement to be accepted.
Tracking Services:
Using formats developed and provided by University, track and report on participant
employer/employee recruitment activities and participant training methods and outcomes.
Provide participant recruitment tracking information with specific participant information
referred to in Task 4. Results of training tracking information are to be provided in
narrative form with monthly report.
Deliverable: Recruitment tracking information due with specific participant
information. Training tracking information to be provided in narrative
form in monthly report.
Project Coordination
Actively participate with other telecenter coordinators to discuss participant recruitment
activities, funding strategies, operational issues, and other pertinent topics. Participate in
University-sponsored activities designed to achieve this coordination effort. Coordinate
participant recruitment and promotional activities with all other telecenters and related
Transportation Demand Management (TDM) projects operating in the region. The
University will consult with the site developer and assist in identifying other TDM projects
and their respective coordinators. The site developer will not be held accountable for
instances where other telecenters or projects decline to cooperate with coordination efforts.
Report to University on coordination efforts in monthly reports. ,
Deliverable: Written report documenting regional coordination efforts in monthly
report.
'J~ 1("
,Ii' "-',
Il:..")t.".
Agreement No. 94-OS798V
Exhibit B.l
BUDGET
Rates:
Payments shall be made for actual documented costs of expenses incurred. Reimbursement for
services described in Exhibits A-I, A-la and A-2 will be limited to salaries for site staff
participating in program coordination, telecenter promotion, client recruitment, and evaluation
activities performed in connection with the telecenter; benefits for those staff; in-state travel costs
for project-sponsored activities per state rates; and communications expenses (fax, telephone, etc)
incurred during project-related business as defined in Exhibits A-I and A-la. Total payment for
telecenter coordination services shall not exceed forty thousand dollars ($40,000.00). Payment of
invoices is subject to Caltrans' approval.
Payment Schedule:
Monthly payments shall be made upon receipt of invoices itemizing actual costs incurred during
the previous month, documentation supporting said costs (vendor receipts), and reports as
specified in Exhibits A-I, A-la and A-2 contained in the agreement. Salary charges shall indicate
number of hours worked and the hourly payment rate. Payments will be made in accordance
with the following schedule and shall not exceed the amounts specified therein:
PAYMENT SCHEDULE
July 1995
August 1995
September 1995
October 1995
November 1995
December 1995
January 1996
February 1996
March 1996
April 1996
May 1996
June 1996
3,333.34
3,333.34
3,333.34
3,333.34
3,333.33
3,333.33
3,333.33
3,333.33
3,333.33
3,333.33
3,333.33
3,333.33
TOTAL
140,000.00
Any exception to the above schedule requires prior written approval from the University.
9'11
r'
i
,
Agreement No. 94-OS798V
Ex:hibit 8*1
Monthly payments invoiced may be reduced for occupancy rates below ten percent (10%) or for
non-remittance of surveys as required herein, in accordance with the following schedules:
Reduced Occupancy Payment Schedule:
1%
2%
3%
4%
5%
6%
7%
8%
9%
Percental!e of
Pavment Invoiced to be Remitted
10%
20%
30%
40%
50%
60%
70%
80%
90%
Occuoancv Rate
Survey Remittance Payment Schedule:
10%
20%
30%
40%
50%
60%
70%
80%
90%
Percentage of
Pavment Invoiced to be Remitted
10%
20%
30%
40%
50%
60%
70%
80%
90%
Percentage of Survevs Returned*
*(Surveys received by the University divided by total surveys due)
Surveys are due either on the due date assigned by the University, or two weeks from distribution
if no due date has been specified. In the event occupancy falls below 10% and total surveys due
are not remitted in any month, payment shall be calculated using both schedules indicated above
and actual payment remitted shall be based upon the lesser of the two reduced payment amounts.
Telecenter users with surveys 30 days or more overdue will not be counted in the calculated
occupancy rate.
The University reserves the right to withhold payment in the case of inadequate performance of
services.
9'tPl
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INVE$T a day to explore the ways your compan
can benefit by utilizing Chula Vista's Telecenters
.. Reduce overhead expenses
. Save office space
~ Improve worker productivity
.. Boost morale
~ Decrease absenteeism
.. Reduce employee commute time
~~
,Join the workplace
1 f the future: ....... ...... ...
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;P!ateof a ~~rOUte to \Wrk by . . .
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elebrate NATIONAL TELECENTER DAY October 27
,
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xplore the opportunities fo~ yo~r business
........................................................................~;~ ~'~1fitE!<ito atltE!nd an
'. ........ .' ,C....H,;"';\ ~~Day
~ Friday, October 27, 8a.m.-6p.m.
at Chula Vista's Eastern Telecenter: .
1550 East H Street Find out first
hand how other companies and their
employees who live in Chula Vista are
utilizing this bold and innovative
progrnm. Visit the Telecenter or
call for a personal appointment
9 -;z / :.............. (619) 585-5666 @
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Two ConvenientTelecenter lor..ations:
Eastem Chula Vista - 1550 East H Street. Suite J
Downtown Chula Vista - 311 F Street. Suite 101
999S-S8S-619
E 1616 v:> 'VlSIA VlflH:)
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENT NUMBER 2 TO
AGREEMENT NO. 94-04772V WITH THE UNIVERSITY OF
CALIFORNIA DAVIS TO ORIGINAL TELECENTER
SERVICES AGREEMENT EXTENDING THE TERM,
PROVIDING $40,000 IN ADDITIONAL SERVICES AND
APPROPRIATING BUDGET ACCORDINGLY; AMENDING THE
FISCAL YEAR 1995/96 BUDGET TO INCLUDE A 1.0
FTE, EXTENDING THE TELECENTER DIRECTOR
POSITION FOR AN ADDITIONAL TWO YEARS
WHEREAS, the Chula vista Telecenters have been in
operation for approximately one year.
WHEREAS, since the inception of the Telecenters program,
the City has been a participant in a state-wide study conducted by
the University of California - Davis's Institute of Transportation
Studies which tracks the effectiveness and success of these
telecenters; and
WHEREAS, as one of several participating agencies
throughout the state, the University of California - Davis has
offered the City the option of extending its original contract, and
receiving an additional $40,000 for the telecenter; and
WHEREAS, staff is requesting acceptance and approval of
an additional $40,000 in funding from the University of California
- Davis, which can be used for marketing and salary costs relating
to the telecenter.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve Amendment 2 to Agreement
No. 94-04772V between the University of California - Davis and the
City to the original Telecenter Services Agreement extending the
term, providing $40,000 in additional services and appropriating
budget accordingly; amending the FY 1995/96 budget to include a 1.0
FTE, extending the Telecenter Director.
BE IT FURTHER RESOLVED that this action
extension of the Telecenter Director position, originally
one year position, to be renewed based upon additional
funds received for the project.
approves
hired as
non-city
Presented by
Barbara Bamberger, Environmental
Resource Manager
c: \rs\ telcntr2
9/9 -/
Ib9
RESOLUTION NO.
/1"0 K'::;
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENT NUMBER 1 TO
AGREEMENT NO. 94-05798V WITH THE UNIVERSITY OF
CALIFORNIA DAVIS TO EXTEND THE TERM,
PROVIDING $40,000 IN ADDITIONAL SERVICES AND
APPROPRIATING BUDGET ACCORDINGLY; AMENDING THE
FISCAL YEAR 1995/96 BUDGET TO INCLUDE A 1.0
FTE, EXTENDING THE TELECENTER TECHNOLOGY
DIRECTOR POSITION FOR AN ADDITIONAL TWO YEARS
WHEREAS, the Chula vista Telecenters have been in
operation for approximately one year.
WHEREAS, since the inception of the Telecenters program,
the city has been a participant in a state-wide study conducted by
the University of California - Davis's Institute of Transportation
Studies which tracks the effectiveness and success of these
telecenters; and
WHEREAS, as one of several participating agencies
throughout .the state, the University of California - Davis has
offered the city the option of extending its original contract, and
receiving an additional $40,000 for the telecenter.
WHEREAS, staff is requesting acceptance and approval of
an additional $40,000 in funding from the University of California
- Davis, which can be used for marketing and salary costs relating
to the telecenter; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve Amendment 1 to Agreement
No. 94-05798V between the University of California - Davis and the
City to the original Telecenter Services Agreement extending the
term, providing $40,000 in additional services and appropriating
budget accordingly; amending the FY 1995/96 budget to include a 1.0
FTE, extending the Telecenter Technology Director.
BE IT FURTHER RESOLVED that action approves extension of
the Telecenter Technology Director position, originally hired as
one year position, to be renewed based upon additional non-city
funds received for the project.
0:0
Presented by
Barbara Bamberger, Environmental
Resource Manager
C:\rs\telcntI"3
9LJ~1
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COUNCIL AGENDA STATEMENT
Item: I tJ
Meeting Date: 10/24/95
ITEM TITLE:
Resolution / 3"t1g',/ ~doPting the Children's Initiative
Director of Parks and Re~~~
City ManagerJG1. ~ ~\ (4/5ths Vote: Yes _ No ..xJ
SUBMITTED BY:
REVIEWED BY:
The City has received a letter from County Supervisor Dianne Jacobs requesting support of the Children's
Initiative (Attachment" A "). Council has asked that staff and the Child Care Commission review this request and
make a recommendation.
RECOMMENDATION: That Council adopt the attached resolution of support for the Children's Initiative.
BOARDS AND COMMISSIONS RECOMMENDATION: At the Child Care Commission meeting held on
October 3, 1995, the Commission unanimously approved forwarding a recommendation to the City Council to
endorse the Children's Initiative (excerpt of minutes attached as "B".)
DISCUSSION: At the Children's Summit held on April 27, 1995, the Children's Initiative was presented to San
Diego County elected officials, including members of the Board of Supervisors, various City Councils and School
District Boards. The Children's Initiative was developed as a joint effort of five local funding organizations (the
Community Foundation, Fieldstone Foundation, Junior League, Parker Foundation and United Way) to work
collaboratively rather than competitively to improve the condition of children and families in San Diego. The
County adopted a resolution in support of this Initiative, and is now requesting that other agencies also endorse
the Vision Statement, Mission Statement and Goals of the Children's Initiative (Attachment "C").
The Vision Statement of the Children's Initiative places top priority on children and families. The Mission
Statement proposes to strengthen children and families by working for integrated service systems to promote
values of collaboration, prevention, and measurable outcomes in the fields of health, education, safety and
economic security.
The 10 Goals of the Children's Initiative support the objectives of ensuring the health and well-being of all
children. The Initiative encourages education to reduce violence, injury, abuse, neglect and also to ensure that
youth will have increased opportunities in education. The Goals also support the preparation of youth for higher
education, better jobs through the enhancement of economic development, and the nurturing of neighborhoods
to become more effective at meeting children and family needs.
Among the agencies who have so far adopted resolutions of support are the Cities of Imperial Beach, Escondido
and National City and the San Diego Unified School District.
FISCAL IMPACT: None. Adopting this resolution is an endorsement of the Children's Initiative Vision
Statement, Mission Statement and Goals only.
Attachment:
"A" - Letter from Supervisor Jacobs
"B" - Minutes of the October 3,1995 Child Care Commission
"C" - The Children's Initiate Statement of Vision, Mission and Goals
[NETWORK:bm-A113.initiat.A13-October 17, 19951
/
M-/ //6 -J/..
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE CHILDREN'S INITIATIVE
RESOLUTION NO.
WHEREAS, the Children's Initiative strives to create a more
nurturing, caring and supportive community of people and
organizations that places top priority on children and families and
encourages them to reach their full potential; and
WHEREAS, the Children's Initiative is a collaborative effort
among individuals and organizations representing the government,
private, nonprofit and business sectors of San Diego County; and
WHEREAS, it is dedicated to strengthening children and
families by working for integrated service delivery systems that
promote the values of collaboration, prevention, and measurable
outcomes in the fields of health, education, safety and economic
security; and
WHEREAS, the Children's Initiative supports the following ten
goals for children and families:
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
Infants will be born healthy.
Children will stay healthy.
Children will start school ready to learn.
Children and youth will experience an increase in
peace through a reduction in intentional violence.
Children and youth will experience an increase in
safety through a reduction of unintentional injury
and death.
Children will be protected and nurtured through a
reduction in abuse and neglect.
Youth will be prepared to enter the world of work
and/or pursue post-secondary education.
Youth will experience an increased opportunity for
higher skilled, higher wage jobs through the
enhancement of economic development.
Families will become more effective at supporting
their children.
Neighborhoods will become more effective at meeting
children's and family needs.
NOW, THEREFORE, BE IT RESOLVED, that the city council of the
City of Chula Vista does hereby adopt the Vision Statement, Mission
Statement and Goals of the Children's Initiative and encourages
each member of our community to actively suppor d share 'n its
efforts.
Presented by
Director of Parks & Recreation
J~~.J
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Attachment A
w -- - .... .. - .L
Jl. I 0- m'i I
COUNCil OHlCl(
CHULA VIS1A C
.
DIANNE JACOB
CHAIRWOMAN
SUP(fNl$OI'?, SECOND DISTRICT
"'" DIEGO COUNTY IOARD Of SUPEIl\I1SOOS
July 6, 1995
Mayor Shirley Horton
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Ma~)~tl
At the Children's Summit held on April 27, 1995, the Children's Initiative was presented
to San Diego County elected officials, including members of the Board of Supervisors,
various City Councils, and School District Boards.
.
On May 16, 1995, the County Board of Supervisors became the first public agency in
San Diego County to adopt a resolution supporting the Children's Initiative. Enclosed for
your review and consideration are copies of the resolution adopted by the Board of
Supervisors, the mission and vision statements, goals and seven system strategies of the
Children's Initiative. Sample language for a resolution is enclosed for your convenience,
We urge you to join with the Board of Supervisors and endorse the Children's Initiative,
Together, let's move forward to put kids first in San Diego County.
We thank you for your support.
A.. . n~
OIA NE JAC~~
Chairwoman
Board of Supervisors
-:;Pj~~iL--
--;5WR SA-OLER
Chair
Strategic Action Committee
Children's Initiative
Attachments
.
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ATTACHMENT g,-.1
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CHILD CARE COMMISSION
MINUTES OF TIlE OCTOBER 3,1995 REGULAR MEETING
Tuesday 6:30 p.m.
October 3, 1995
Parks & Recreation
Conference Room
.........**.*******......*****.*****..********...*****
CALL MEETING TO ORDER. 6:40 p.m.
1. ROLL CALL
MEMBERS PRESENT: Vice Chair Gish, Commissioners Johns, Cavanah, Humes,
Pidgeon, Randolph, and Chair Hartman (arrived 6:50 p.m.)
MEMBERS ABSENT: Commissioner Miehls, Ex-Officio Members Robinson and
Tressler.
OTHERS PRESENT: Bob Morris, Staff Liaison to Commission
3 Students from the Chula Vista High School Government Class
1. ROLL CALL
Vice Chair Gish called the meeting to order at 6:40 p.m. Mr. Morris indicated that he had
had a call from Commissioner Miehls, whose mother was in the hospital for surgery.
Neither Ex-Officio Member Robinson nor Ex-Officio Member Tressler had called.
ITWAS MSUC (JOHNS/CAVANAH) TO EXCUSE THE ABSENCE OF COMMISSIONER
MIEHLS.
In accordance with the attendance policy, the absences of Ex-Officio Members Robinson
and Tressler will be recorded as unexcused.
Z. APPROVAL OF MINUTES OF SEPTEMBER 5,1995 MEETING
IT WAS MSUC (CAVANAH/HUMES) TO APPROVE THE SEPTEMBER 5, 1995
MINUTES AS SUBMITTED.
ORAL COMMUNICATIONS
None.
ACTION ITEMS
It? ' f"
17~!
ATTACHMENT 13-2
~. Unfinished Business
.
.
.
3.
Children's Initiative
Discussion ensued regarding the request from Sammy Moon at last month's meeting to
forward a recommendation to the City Council endorsing the Children's Initiative. Several
sample resolutions had been received for review by the Commission. A draft agenda
statement and resolution were included in the Commission's packet for placement on the
October 24, 1995 Council agenda.
Commissioner Pidgeon felt that the goals of the initiative were certainly commendable but
she was uncomfortable supporting an organization without knowing how they would be
implementing these goals. It was the consensus of the Commission that supporting the
goals of the initiative did not constitute endorsement of the organization itself.
IT WAS MSUC (GISH/CAVANAH) TO FORWARD THE AGENDA STATEMENT AND
RESOLUTION TO THE CIIT COUNCIL ENDORSING THE CHILDREN'S INITIATIVE
VISION STATEMENT, MISSION STATEMENT AND GOALS.
4. School District Information
Commissioner Randolph had spoken to the Elementary School District regarding placement
of child care resource information on the school calendar next year. She was told that if
the Commission got the information to the District by March 1996 space would be
guaranteed on the calendar. The Commission should have a decision on what to include
no later than their February meeting. Discussion ensued regarding the type of information
the Commission feels would be most valuable. It was felt that there are various child care
options parents are not aware of, and phone numbers for these agencies could be printed
on the calendar. Commissioner Randolph suggested that the Commissioners think about
the type of information to be listed and come back with suggestions at a future meeting
before February.
5. Child Care Brochure - Committee
Mr. Morris distributed copies of the current brochure and asked the Commission to appoint
a subcommittee to review the brochure for update before reprinting. He explained that the
last time it was printed, 5,000 copies were made at a cost of $400. This year's budget has
been reduced so the amount of copies printed will be approximately 2,000.
Commissioner Randolph suggested that perhaps the Elementary School District could
distribute these brochures to the parents when information is sent home with the students
on opening day. However, this would require about 18,000 copies.
Chair Hartman suggested that if the brochure were printed on colored bond paper rather
than with a glossy finish, the cost would be much lower and sufficient copies could be
lei ~ ?
/7!.,
.
.
.
Attachment C-l
Vision Statement
To create a more nurturing, caring and supportive cornmunity of people and
organizations that places top priority on children and families and encourages them
to reach their full potential.
Mission Statement
The Children's Initiative is a collaborative effort among individuals and organizations
representing the government, private, nonprofit and business sectors of San Diego
County.
It is dedicated to strengthening children and families by working for integrated service
delivery systems that promote the values of collaboration, prevention, and measurable
outcomes in the fields of health, education, safety and economic security.
Goals
J. Infants will be born healthy.
VII. Youth will be prepared to enter the
world of work andlor pursue post-secondary
education.
D. Children will stay healthy.
DL ChilcL'en will start school reaay to learn,
vnI. Youth will experience an increased
opportunity for higher skilled. higher wage
jobs through the enhancement of economic
development.
IV. Children and youth will experience an
increase in peace through a reduction in
intentional violence.
V. Children and youth will experience an
increase in safety through a reduction of
unintentional injury and death.
IX. Families will become more effective at
supporting their children.
X. Neighborhoods will become more effective
at meeting children and family needs.
VI. Children will be protected and nunured
through :I reduction in abuse and neglect.
/tJ-r
/_i
/10
Attachment C-2
CHILDREN'S INITIATIVE
.
WHY WAS IT STARTED?
Several local funding organizations (San Diego Community Foundation, The Fieldstone
Foundation, Junior League of San Diego, The Parker Foundation and United Way of San Diego
County) were all struggling at the same time with two basic questions:
(1) How can we make a bigger difference for children and families with our resources?
(2) Is there a way to prevent problems from developing rather than responding after
they're out of control:
After conversation a more basic question was put on the table: Can we have more impact on
children and family services by working together rather than separately.
.
WHAT DID WORKING TOGETHER MEAN?
For the five organizations to become a true collaborative, several important accomplishments
occurred during an 18 month developmental stage
. common vision, mission, beliefs, and values were developed
. a collaborative governance structure, detailed in a Statement of Agreement, was developed
. initial dollars were "pooled" to provide operating money for the effort
. a multi-year funding agreement was developed
.an approach was developed that focused on special projects (immunization and youth vision)
.a fundraising (endowment to be built at Community Foundation)
. a marketing/media plan (education/awareness')
. and a systems change focus (between public and private sectors)
HOW IS THE CHILDREN'S INITIATIVE DIFFERENT FROM OTHER EFFORTS?
The Children's Initiative is different from each involved organization's usual approach in that it
has very specifically focused its attention on systems change rather than program/project
development.
The Initiative has also brought together a very broad based, multi-professional, strategy planning
group. This group, called the Strategic Action Committee (SAC), is chaired by Blair Sadler
President and CEO of Children's Hospital, and includes representatives from public service,
business, education, and private nonprofit sectors.
Members oflhe SAC include the top executives representing:
.
Chamber of Commerce
Economic Development Corp.
Private Industry Council
Union Tribune Publishing Co.
County Health Department
County Social Services
County Probation
County Administration
County & City Schools
Community Colleges
Naval Base, San Diego
Juvenile Justice
SD Police Department
County Sheriff s Dept.
youth serving nonprofits
)/}-9
(77
Attachment C-3
.
WHAT ARE THE MEMBERS OF THE SAC WORKING ON AND WHY?
There are approximately $3 billion dollars from public and private sectors coming into the
organizations represented on the SAC targeted to children and family services. The basic
questions the members of the SAC are struggling with are:
1. What are the outcomes that can be achieved by all of us working together rather than
separately for children and families?
2. What are the barriers to working together to achieve these desired outcomes?
3. What are the indicators that would tell the community that we are collectively having an
impact?
4. Who is needed to achieve the desired outcomes?
5. How do each of us need to change the way we do business andlor the way we're
spending part of the $3 billion to achieve the desired outcomes?
6. How do all of us together report to the community the outcomes that are being
achieved?
WHAT ARE THE INITIAL RESULTS WE CAN EXPECT TO SEE?
The Strategic Action Committee is currently working on answering these questions. They are not
easy questions to answer, particularly for large government-funded bureaucracies. These
questions all imply that if we all work together to answer them, there will be a different way of
doing business that will produce better outcomes for children and farni1ies.
.
The SAC presented a summary of its work and initial recommendations for action at a Children's
Summit on April 17, 1995. This initial "plan ofaction" included a call to communities and other
groups and organizations to join us in our effort by:
1. committing to a framework of 1 0 goals
2. committing to support 7 systems change strategies
3. participating in ongoing discussions to shape programs to meet community needs
4. committing to an annual review to evaluate whether progress is being made.
WHAT ARE THE TEN RECOMMENDED GOALS?
I. Wants will be born healthy
n. Children will stay healthy
m. Children will start school ready to learn
IV. . Children and youth will experience an increase in peace through a reduction in intentional
violence
V. Children and youth will experience an increase in safety through a reduction of
unintentional injury and death
VI. Children will be protected and nurtured through a reduction in abuse and neglect
VIT. Youth will be prepared to enter the world of work andlor pursue post-secondary
education
vm. Youth will experience an increased opportunity for higher skilled, higher wage jobs
through the enhancement of economic development
IX. Families will become more effective at supporting their children
X. Neighborhoods will become more effective at meeting children and family needs
.
ItJ'!tJ
n8
Attachment C-4
.
WHAT ARE THE SEVEN SYSTEMS CHANGE STRATEGIES:
1. Organizational Effectiveness 5. Results Based Children's Budget
2. Youth Partnership 6. Public Policy Council
3. Collaborative Grant Seeking 7. Community Engagement
4. Data Integration
WHO MONITORS THE FUNCTIONS AND FUNDS OF THE INITIATIVE?
A special governing board has been established which includes representatives from each of the
five local funding organizations. Judy McDonald (representing The Parker Foundation) is
currently Chair of the Steering Group. Other members include: Ann Hunter-Welborn and Stan
Foster (United Way of San Diego County); Dr. Anita Harbert and Robert Kelly (San Diego
Community Foundation); Lynn Silva (Junior League of San Diego); Janine Mason Barone (The
Fieldstone Foundation).
HOW TO CONTACT US FOR FURTHER INFORMATION:
THE CHILDREN'S INITIATIVE
P.O. Box 23543
San Diego, CA 92193
. Sammy Moon, Executive Director
(619) 636-4138
(619) 492-2059 - Fax
Veronica Welch, Ph.D, Associate Director
(619) 636-4139
(619) 492-2059 - Fax
.
/tJ -J/
,:....lQ
, I
COUNCIL AGENDA STATEMENT
Item /1
Meeting Date 10/24/95
SUBMITTED BY:
Resolution J YRS'..5 Declaring the intention to establish Open Space
District No. 33, Broadway Business Home Village, approving the
boundary and Engineer's report and directing City Clerk to give notice
of and set the dates of the public hearings for December 5, 1995, at 4:00
p.m. and December 12, 1995, at 6:00 p.m.
D"",,'m of Publi" wm'rltJ
City Manage~ tJ ~\
(4/5ths Vote: Yes.:.......NoX)
ITEM TITLE:
REVIEWED BY:
In accordance with City Municipal Code Section 17.07, The Landscaping and Lighting Act of
1972 and the requirements of the development agreement between the Redevelopment Agency
of the City of Chula Vista and Broadway Village Business Homes, L.P., a California limited
partnership, staff is initiating the creation of Open Space District No. 33, Broadway Business
Home Village.
RECOMMENDATION: That Council approve the resolution declaring the intention to
establish Open Space District No. 33, Broadway Business Home Village, approving the
boundary and Engineer's report and directing the City Clerk to give notice of and set the dates
of the public hearings for December 5, 1995, at 4:00 p.m. and December 12, 1995, at 6:00 p.m.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Background
Pursuant to Article 4, Chapter I, Part 2 of Division 15 of the California Streets and Highways
Code, also known as "Landscaping and Lighting Act of 1972," and Chapter 17.07 of the Chula
Vista Municipal Code, the City Engineer has prepared and filed the Engineer's report for Open
Space Maintenance District No. 33 (OSD-33). A minor amendment to Chapter 17.07 of the
Chula Vista Municipal Code is forth-coming to specifically allow for the maintenance of open
space associated with a commercial/residential mixed-use project, such as this one. OSD-33
is located on the west side of Broadway between J Street and K Street. The Engineer's report
includes the following:
//-/
i(D
Page 2, Item /1
Meeting Date 10/24/95
1. plans and specifications for the improvements;
2. an estimate of the costs of the improvements;
3. a diagram for the assessment district;
4. an assessment based on the improvement costs.
The adoption of this resolution will order the formation of OSD-33 to levy assessments and
collectibles for the maintenance of the Open Space Areas as shown on the attached diagram
of OSD-33, Business Home Village and consist of the following improvements:
1. parking area maintenance;
2. trellis/planters;
3. sidewalk sweeping;
4. tree service;
5. back screen wall;
6. shrubs;
7. irrigation;
8. ground covers;
9. vines;
10. miscellaneous planting;
11. annual color;
12. miscellaneous;
The project site is within the Southwest Redevelopment Project Area and is currently owned
by the City. The Developer has the right to acquire the site in a maximum of two (2)
acquisition phases, per the development agreement. The Business Home Village project will
consist of commercial use on the first floor level and residential use on the second and third
floor levels. This mixed-use (commercial/residential) project will be built in three (3)
construction phases with 6 business homes in Phase 1 Unit 1, 12 business homes in Phase 1
Unit 2, and then 18 business homes in Phase 2, the final phase.
Staff recommends that the assessment be set based upon the highest cost per equivalent
dwelling unit (EDU) scenario considering each of the construction phases. If only the first 6
business homes are constructed, the assessment is estimated at $1029.00 per EDU. After
successful development of all phases, the assessment will be lowered to approximately $690.00
per EDU. The amount collected against the assessment for FY 96-97 will include the cost for
open space maintenance associated with Phase 1 Units 1 and 2 because both Units (consisting
of 18 business homes) are anticipated to be turned over to the City for maintenance during that
fiscal year. The amount collected will be adjusted to include the cost of maintenance for the
entire project in FY 97-98.
The assessment is estimated at $1,029.00 per (EDU). The amount collected will not be
included on the tax roll until December 1996. Any maintenance necessary prior to that date
will be the responsibility of the developer as no money will have been collected until then.
Staff recommends the amount collected for FY 96-97 be $686.00 per EDU based on Phase 1,
/1- ;l..
! t I
Page 3, Item /1
Meeting Date 10/24/95
Units 1 & 2 costs spread among 18 business homes. The Engineer's report contains a detailed
description of improvements, the boundaries, total cost estimate, cost breakdown and spread
thereof.
Notice
Public hearings will be noticed pursuant to California Street and Highways Code Section 22556
and 22588. Letters will be sent to all property owners, the Redevelopment Agency of the City
of Chula Vista and Broadway Village Business Homes, L.P. (Citron), informing them of the
proposed assessment 45 days prior to the second public hearing stating the approximate
assessment per parcel and informing the owner of the right of majority protest to abandon the
proceedings. The notice will be published at least once a week for three weeks, and the last
notice will be at least 10 days before the second public hearing.
FISCAL IMP ACT: Staff and other related costs associated with the maintenance of the open
space district are generated by Parks and Recreation, Public Works, and Information Systems.
The General Fund will be reimbursed an estimated amount of $2,170.00 for staff time from
the OSD funds for FY 1996/97. Estimated yearly cost of maintenance for the entire district
is $22,525.00. This cost will be will be recovered from the Open Space District collections.
Staff costs associated with establishing the district will be completed at no cost to the City.
Broadway Village Business Homes L.P. has deposited $3,000.00 to cover staff-time charged
at the full cost recovery rate. Additional deposits will be requested if the staff cost exceeds
the amount deposited.
All yearly maintenance costs will be paid from the Open Space District funds.
Attachments:
Exhibit A - Area Plat
Exhibit B - Engineer's Report
(M:\HOME\ENGINEER\AGENDA \OSD33.BOB)
JJ~ '3 /11- tf
Ii:
RESOLUTION NO.
/ S'tl 9'5'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE INTENTION TO ESTABLISH
OPEN SPACE DISTRICT NO. 33, BROADWAY BUSINESS HOME
VILLAGE, APPROVING THE BOUNDARY AND ENGINEER'S
REPORT AND DIRECTING CITY CLERK TO GIVE NOTICE OF
AND SET THE DATES OF THE PUBLIC HEARING FOR DECEMBER
5, 1995, AT 4:00 P.M. AND DECEMBER 12, 1995, AT 6:00 P.M.
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, in accordance with City Municipal Code Section 17.07, The
Landscaping and Lighting Act of 1972 and the requirements of the development agreement between
the Redevelopment Agency of the City of Chula Vista and Broadway Village Business Homes, L. P.,
staff is initiating the creation of Open Space District No. 33, Broadway Business Home Village; and
WHEREAS, an engineer's report was submitted by the City Engineer for the cost of
maintaining the open space district and for the first year shall be approximately $1,029.00 to be
charged for each parcel and for each year thereafter, upon completion of all 3 phases, shall be
approximately $686.00; and
WHEREAS, pursuant to the provisions of Streets and Highways Code section 22587,
a public hearing is required to establish the proposed open space district; and
WHEREAS, this report was prepared by the City Engineer or under his direction and
was presented to Council at their meeting at which their resolution was adopted for approval in order
to proceed with the public hearing set for December 5 and 12, 1995 in accordance with the
Landscaping and Lighting Act of 1972.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby declare tentatively, its intention to establish Open Space District No. 33, Broadway
Business Home Village and approved the boundary and Engineer's Report for the FY 1996-97 spread
of assessments for Open Space Maintenance District No. 33, Broadway Business Home Village.
BE IT FURTHER RESOLVED that the City Council does hereby set December 5,
1995, at 4:00 p.m. and December 15, 1995, at 6:00 p.m. in the Council Chambers, City of chula
Vista, 276 Fourth Avenue, Chula Vista, California as the date and time for e public hearing on said
assessments.
Presented by
form
Iohn P. Lippitt
Director of Public Works
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ENGINEER'S REPORT FOR THE PROPOSED OPEN SPACE
DISTRICT NO. 33, BROADWAY BUSINESS HOME VILLAGE
J1~Y
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I. INTRODUCTION
This report was prepared in accordance with City Municipal Code Section 17.07, the
Landscaping and Lighting Act of 1972 and per the requirements of the development
agreement between the Redevelopment Agency of the City of Chula Vista and Broadway
Village Business Homes, L.P., a California limited partnership.
The Broadway Business Home Village Project is located within the Southwest Redevelopment
Project Area of the City. This is a mixed-use (commercial/residential) project with shared
parking.
II. BOUNDARIES OF THE DISTRICT
The boundary of OSD-33 is completely within the City of Chula Vista and corresponds to
the boundary shown on the Assessment Plat provided in Exhibit A. As permitted in the
Streets and Highways Code, the details of the individual lots (dimensions and bearings) are
shown on the County Assessor's Maps for these properties, on file in the San Diego
Assessor's Office.
III. PROPOSED DEVELOPMENT
Broadway Village Business Homes proposes the construction of a 36 unit
commercial/residential mixed use project. This project will consist of commercial use on the
first floor level and residential use on the second and third floor levels. The development
may be carried out in three phases.
A. PHASE 1 UNIT 1
Phase 1 Unit 1 will consist of 6 commercial/residential units. Acceptance of the open
space area within this phase by the Maintenance District is expected to be transferred
to the District in December 1996.(1)
B. PHASE 1 UNIT 2
Phase 1 Unit 2 will consist of 12 commercial/residential units. Acceptance of the
open space area within this phase by the Maintenance District is expected to be
transferred to the District in April 1997 Y)
C. PHASE 2
Phase 2 will consist of the remaining 18 commercial/residential units. Acceptance
of the open space area with this phase by the Maintenance District is expected to be
transferred to the District in February 1998.(1)
(t) Turnover of improvements occurs no sooner Ihan after a one year mainlenance period following completion of
improvements, .. delermined by the City. Maintenance bond. are required.
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IV. MAINTENANCE ITEMS
A. Defmitions
1. "Maintain" or "maintenance" means the furnishing of services and materials
for the ordinary and usual maintenance, operation, and servicing of any
improvement, including:
a. Repair, removal or replacement of all or any part of any
improvement.
b. Providing for the life, growth, health and beauty of landscaping,
including cultivation, irrigation, trimming, spraying, fertilizing, or
treating for disease or injury.
c. The removal of trimmings, rubbish, debris, and other solid waste.
d. Providing administration for the maintenance of improvements.
e. Maintenance will conform to approved plans for the subject area.
2. "Improvement" means one or any combination of the following:
a. The installation of planting or landscaping.
b. The installation or construction of supplemental facilities.
c. The installation or construction of supplemental public lighting
facilities.
d. The installation or construction of any facilities which are appurtenant
to any of the foregoing or which are necessary or convenient for the
maintenance or servicing thereof, including grading, clearing,
removal of debris, the installation or construction of curbs, gutters,
walls, sidewalks, paving, water, irrigation, drainage, or electrical
facilities.
e. The installation of view, sound, wrought iron and decorative walls,
pedestrian fences and retaining walls.
f. The installation of pedestrian walks.
g. The maintenance or servicing, or both, of any of the foregoing.
B. Description of Items
The facilities and items to be maintained by Open Space District #33 are as follows:
1. Maintain landscaping and irrigation system improvements within the
designated open space lots and areas. Maintenance will conform to approved
landscape plans for subject area.
2. Maintain the parking lots, walkway areas and parkway. Maintenance will
conform to approved landscape plans for subject area.
3. Maintain the back screen wall, including graffiti removal.
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V. COST ESTIMATE
The estimated annual cost for Open Space District No. 33 is as follows:
Proposed Date to
Phase Units Annual Cost Integration to District
I Unit I 6 $ 6,174.00 December, 1996
I Unit 2 12 $ 6,174.00 April, 1997
2 18 $12,348.00 February, 1998
A breakdown of the estimated annual maintenance cost is presented in attacbment A. This
preliminary estimate is based on information obtained from the developer and has been
reviewed by the open space coordinator.
VI. ASSESSMENT SCHEDULE
The proposed district will contain 36 units (commercial/residential). Staff recommends that
the assessment be set based only on the first 6 units being developed with Phase 1 Unit 1.
The amount collected against the assessment for FY 96-97 will include the cost for
maintenance of Phase 1 Units 1 and 2 because both Units are anticipated to be turned over
to the City for maintenance during that fiscal year. The amount collected will be adjusted
to include the cost of maintenance for the entire project in FY 97-98.
The total annual estimated maintenance cost for the district is $24,695.00 which translates
into a $686.00 assessment per equivalent dwelling unit (EDU) upon completion of all
development phases. The FY 96-97 assessment is proposed at $1,029.00 per EDU as the
development will not be complete during that FY and the collectable is proposed at $686.00
per EDU as the turnover of open space to the City for maintenance for Phase 1 Units 1 and
2 will occur in that fiscal year.
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COUNCIL AGENDA STATEMENT
Item 1:2.
Meeting Date 10/24/95
ITEM TITLE: Resolution I lft?rt, Adopting 1994 Standard "Greenbook"
Specifications, Regional Supplements and Standard Drawings, and Chula
Vista Standard Drawings and Standard Provisions
SUBMITTED BY: Director of Public Work~ 1y1V/
REVIEWED BY: City Manager~ ~~ (4/5ths Vote: Yes_NoX)
In 1994, the "Standard Specifications for Public Works Construction", properly known as the
"Greenbook" was revised by established committees representing all facets of the construction
industry and government to reflect changes in technologies and/or performance tests. The Regional
Standards Committee (which includes Chula Vista) has revised the regional standard drawings and
specifications have published the revised 1994 edition. Engineering staff has also revised the City
of Chula Vista Standard Special Provisions; City of Chula Vista Part 1 Special Provisions-General;
and the City of Chula Vista "Department of Public Works Design Standards - Construction
Standards. "
RECOMMENDATION:
documents:
1)
2)
That the City Council approve the resolution adopting the following
3)
4)
5)
6)
Standard Specifications for Public Works Construction - 1994 Edition "Greenbook"
1994 Regional Supplement Amendments to Standard Specifications for Public Works
Construction - 1994 Edition (Greenbook Regional Supplements)
San Diego Area Regional Standard Drawings - dated March 1995
City of Chula Vista Standard Special provisions - dated September 1995
City of Chula Vista Part 1 Special Provisions - General with Revisions
City of Chula Vista Department of Public Works Design Standards - Construction
Standards
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Every three years the "Standard Specifications for Public Works Construction" which is more
familiarly known as the "Greenbook" is revised to reflect changes in Technologies and/or
performance tests. The most recent edition adopted by the City is the 1991 edition which has been
superseded by the 1994 edition.
On October 6, 1992, the City Council by Resolution 16833, adopted the 1992 San Diego Regional
Standard Drawings and Specifications (See Attachment A for Resolution and Minutes of meeting).
These standard drawings and specifications (properly known as the "Greenbook" are currently being
used by the City for public works construction whether it is privately or publicly financed.
The continuing work of the San Diego Regional Standards Committee (including Chula Vista) is to
review the standards and to act upon suggested additions or changes to the standard drawings and
/;2. -;
11)
Page 2, Item 1;1...
Meeting Date 10/24/95
specifications and to review the "Greenbook" publication. The standard drawings and specifications
are published every three years and reflect these additions and changes as adopted by the Regional
Standards Committee. The 1994 "Regional Supplement Amendments" (to the Greenbook) and
"Regional Standard Drawings" have been published. Engineering staff accordingly has also revised
the City of Chula Vista "City of Chula Vista Standard Special Provisions," "City of Chula Vista Part
1 Special Provisions - General," and the "Department of Public Works Design Standards -
Construction Standards."
The Associated General Contractors of America (AGC), Building Industry Association (BrA),
Engineering and General Contractors Association (EGCA), Construction Industry Federation (CIF)
and the San Diego County Rock Producers Association (SDCRP A) all representing the construction
industry within the San Diego region have representatives on the San Diego Regional Standards
Committee and have participated in the development of the 1994 Regional Standard Drawings and
Specifications which staff is requesting the City Council to adopt. The American Public Works
Association (APW A) and the California Council of Civil Engineers and Land Surveyors also has
representatives on the San Diego Regional Standards Committee.
The revisions to the "Department of Public Works Design Standards - Construction Standards" are
minor with the exception of CVCS No.1, Driveway approach with monolithic curb, gutter, and
sidewalk. CVCS No. 1 was revised to comply with ADA requirements. This revised standard has
been reviewed by, and discussed with, the local developers. It differs from the Regional Standard
drawing by not requiring as much area be devoted to sidewalk and minimizing the amount of
concrete within the parkways. The other drawings were revised basically to correct references listed
on the drawings and to put them into computer format. A copy of drawing CVCS No. 1 is included
as Attachment B for Council's information.
The Director of Public works will have copies of the material recommended for adoption and
summaries of the revisions to the Standard Specifications available for Council viewing in the Public
Works Department - Engineering Division, the office of the City Clerk, and at the Council meeting.
FISCAL IMPACT: The adoption of these revisions will have no fiscal impact other than the costs
to purchase or print the approved documents. These costs, which are estimated to be less than
$1,000, are included as a routine item in the Department's operating budget.
RS:sb
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File No: KY-022
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RESOLUTION NO.
JF"dfrt
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING 1994 REGIONAL STANDARD
DRAWINGS AND STANDARD SPECIFICATIONS
WHEREAS, the City Council on October 6, 1992, by
Resolution 16833, adopted the 1992 San Diego Regional Standard
Drawings and Standard Specifications for construction of public
works facilities in the City of Chula Vista; and
WHEREAS, the Regional Standards Committee has revised the
standard drawings and specifications so adopted by the City Council
and have published the revised 1994 edition; and,
WHEREAS, Engineering staff accordingly has revised the
city of Chula Vista, Standard Special Provisions; City of Chula
vista Part 1 Special provisions - General; and the City of Chula
vista "Department of Public Works Design Standards - Construction
Standards".
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby adopt the following 1994
Regional Standard Drawings and Standard Specifications:
1. Standard Specifications for Public Works Construction -
1994 Edition "Greenbook"
2 . 1994 Regional Supplement Amendments to Standard
Specifications for Public Works Construction 1994
Edition (Greenbook Regional Supplements)
3. San Diego Area Regional Standard Drawings - dated March
1995
4. City of Chula vista Standard Special provisions - dated
September 1995
5. City of Chula vista Part 1 Special provisions - General
with Revisions
6. City of Chula vista Department of Public Works Design
Standards - Construction Standards
John P. Lippitt
Director of Public Works
f03)
Presented by
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Attachment A
. RESOLUTION NO. 16833
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING 1992 REGIONAL STANDARD DRAWINGS AND
STANDARD SPECIFICATIONS
WHEREAS, the City Council on March 13, 1990, by ResQlution 15547 adopted
the 1988 Regional Standard Drawings and Standard Specifications for construction
of public works facilities in the City of Chula Vista; and,
WHEREAS, the Regional Standards COIII1littee has revised the standard drawings
and specifications so adopted by the City Council and have published the revised
1992 edition; and,
WHEREAS, Engineering staff accordingly has revised the City of Chula Vista,
Standard Special Provisions; City of Chula Vista Part 1 Special provisions-
General; and the City of Chula Vista "Department of Public Works Design Standards
_ Construction Standards".
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby adopt the following 1992 Regional Standard Drawings and
Standard Specifications:
1. Standard Specifications for Public Works Construction - 1991 Edition
2. 1992 Regional Supplement Amendments to Standard Specifications for Public
Works Construction - 1991 Edition
3. San Diego Area Regional Standard Drawings - dated May 1992
4. 1992 supplement to Standard Specifications for Public Works Construction -
1991 Edition
5. City of Chula Vista Standard Special Provisions - dated September 1992
6. City of Chula Vista Part 1 Special Provisions - General with Revisions
7. Department of Public Works Design Standards - Construction Standards with
Revisions - 1992 Edition '
Presented by
~
I
ohn P. Lippltt
irector of Public Works
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Resolution No. 16833
Page 2
. .
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PASSED, APPROVED and ADOPTED by the Ci ty Counci 1 of the Ci ty of Chula
Vista, California, this 6th day of October, 1992, by the following vote:
YES: Councilllelllbers: .Horton, Moore, Rindone, Nader
NOES: Council~mbers: None
ABSENT: Council~mbers: Malcolm
ABSTAIN: Council~mbers: None
~~
Tim Nader, Mayor
(
( ATTEST:
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1. ". .~LU.....C G'"
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. 16833 was duly passed, approved,
(and adopted by the City Council held on the 6th day of October, 1992.
~ Executed thi s 6th day of October, 1992.
). . (it! aw.
Beverly . Authelet, City Clerk
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COUNCIL AGENDA STATEMENT
Item ,S-
Meeting Date 10/6/92
Resolution Iln~33AdoPting 1992 Regional Standard Drawings
and StandardSpecifications
SUBMITTED BY: Director of Public Works rIll
ITEM TITLE:
REVIEWED BY: City Manager (4/5ths Vote: Yes_NoLl
The City Council on March 13, 1990, by Resolution 15547 adopted the 1988
Regional Standard Drawings and Standard Specifications for construction of public
works facilities in the City of Chula Vista. The Regional Standards Committee has
revised the standard drawings and specifications so adopted by the City Council and
have published the revised 1992 edition. Engineering staff accordingly has revised
the City of Chula Vista, Standard Special Provisions; City of Chula Vista Part 1 Special
Provisions-General; and the City of Chula Vista "Department of Public Works Design
Standards - Construction Standards".
RECOMMENDATION: That the City Council adopt the following documents
1 . Standard Specifications for Public Works Construction - 1991
Edition
2. 1992 Regional Supplement Amendments to Standard
Specifications for Public Works Construction - 1991 Edition
3. San Diego Area Regional Standard Drawings - dated May 1992
4. 1992 supplement to Standard Specifications for Public Works
Construction - 1991 Edition
5. City of Chula Vista Standard Special Provisions - dated September
1992
6. City of Chula Vista Part I Special Provisions - General with
Revisions
7. Department of Public Works Design Standards - Construction
Standards with Revisions - 1992 Edition
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
/)...- 7
iQS-
Page 2, Item-t5:
Meeting Date 10/6/92
DISCUSSION:
On March 13,1990, the City Council by Resolution 15547 adopted the 1988 San
Diego Regional Standard Drawings and Specifications. These standard drawings and
specifications are currently being used by the City for public works construction
whether it is privately or publicly financed.
The continuing work of the San Diego Regional Standards Committee is to review the
standards and to act upon suggested additions or changes to the standard drawings
and specifications. The standard drawings and specifications are published every
three (3) years which reflect these additions and changes as adopted by the Regional
Standard Committee. The 1991 edition of the "Standard Specifications for Public
Works Construction," including the 1992 supplements; "Regional Standard
Drawings;" and 1992 Regional Supplemental Amendments" have been published.
Engineering staff accordingly has revised the City of Chula Vista "City of Chula Vista
Standard Special Provisions"; "City of Chula Vista Part I Special Provisions-General"
and the City of Chula Vista "Department of Public Works Design Standards -
Construction Standards."
The Associated General Contractors of America (AGCI, Building Industry Association
(BIA), Engineering and General Contractors Association (EGCA), Construction Industry
Federation (CIF) and the San Diego County Rock Producers Association (SDCRPA) all
representing the construction industry within the San Diego Region have
representatives on the San Diego Regional Standards Committee and have participated
in the development of the 1992 Regional Standard Drawings and Specifications which
staff is requesting the City Council to adopt. The American Public Works Association
(APWAI and the California Council of Civil Engineers and Land Surveyors also has
representatives on the San Diego Regional Standards Committee.
The revisions to the Department of Public Works Design Standards - Construction
Standards are minor. They basically correct references listed on the drawings. CVCS
16 has been revised from a split rail fence to a lodge pole. equestrian fence. A new
drawing CVCS 5 has been added which is a standard drawing for a landscape median
underdrain.
These two drawings are included as attachments for Council information.
The Director of Public Works will have copies of the material recommended for
adoption available for Council viewing in the Public Works Department, the office of
the City Clerk, and at the Council meeting.
FISCAL IMPACT: Not applicable.
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CllY OF
CHUIA VISTA
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
February 19, 1990
File # KY-022
ADOPTION OF CITY OF CHULA VISTA FOR DESIGN AND CONSTRUCTION
STANDARD DRAWINGS AND STANDARD SPECIAL PROVISIONS
Staff is proposing to go before the City Council on March 8, 1990
and ask that the City Council adopt the following documents:
1. Standard Specifications for Public Works Construction (Green
Book) - 1988 Edition
2. 1988 Regional Supplement Amendments to Standard
Specifications for Public Works Construction - 1988 Edition
3. San Diego Regional Standard Drawings - Dated September 1988
4. Department of Public Works Design Standards - Construction
Standards with Revisions - 1990 Edition
5.
City of Chula Vista Standard Special Provisions
January 1990
Dated
6. City of Chula Vista Part I Special provisions - General with
Revisions
Enclosed for your review and comment are the City of Chula
Vista's Department of Public Works Design Standards
Construction Standards with Revision - 1990 Edition, and our
Standards Special Provisions to accompany the 1988 Edition of the
Green Book. We would appreciate receipt of your comments
concerning these two documents by 5 p.m. Monday, February 26.
Listed below are the Sections having some significant changes in
the Standards Special Provision:
1-
2.
3 .
Section 203-6
Section 302-5.8
Section 307-2.3.1
Subsection (5)
Asphalt Concrete Mixtures
Manhole and Valve Box Covers
Prestressed Concrete Standards,
Finishing
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276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 92010/(6191691-5021
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February 19, 1990
Listed below are significant changes in the City of Chula Vista
Design Standards and Construction standards:
1. In the Design Standards basically all of the Drawing Numbers
were changed.
2.
The first ten drawings show the
geometries near intersections
"street Design standards policy"
typical street sections and
recently approved .in the
by the City of Chula Vista.
3. CVDS-15 is a new drawing showing the location of street
light standards:
4. CVDS-21 had some very minor changes in the legend;
5. CVDS-24 is a new drawing showing the wiring code for traffic
signals;
7. CVDS-32 is a new drawing showing typical stop Sign placement
locations;
5. CVDS-33 is a new drawing showing typical sidewalk and
crosswalk locations.
The following were significant changes to the City of Chula Vista
Construction Standards, here again some of the Drawing Numbers
were changed:
1.
CVCS-1 This drawing shows new location of
joints for monolithic driveway approaches
designates minimum widths for various land uses.
expansion
and also
2. CVCS-3 Is a new standard drawing for trench backfill
utilizing lean concrete.
3.
CVCS-4 is a new a
Type "I" and "J"
restoration.
new standard drawing for narrow trench
and associated backfill and surface
4. CVCS-6 removed the color specification for the light
standards and made some changes to the various notes on the
drawing.
5. CVCS-7 changed basically the grounding for the street light
standard and the location of its construction from face of
curb.
/;2-/tJ
CITY OF CHULA VISTA
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February 19, 1990
6. eveS-8 invol ved a change in the mounting bracket and the
size of the lenses.
7. eveS-9 shows the grounding for street lights.
8. eveS-10 shows our revised location for street light conduit.
9. eVeS-11 a note was added concerning interconnect pull boxes
shall be No. 5 minimum.
10. eveS-13 removed construction material information from the
previous drawing and instead made reference to the Standard
specifications Section 206-6.
11. eveS-14 is a new drawing for deep sewer connections.
12. eveS-17 is a new drawing for sidewalk underdrains.
Please send your comments to or call Shale Hanson at 691-5114.
WORKS/
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Attachments
(RJ\LETTERS\eVDS&es.DOe)
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CITY OF CHULA VISTA
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GENERAl NOTES:
1. THIS STANDARD SHALL GOVERN THE CQNSTRUCTIQN QF ALL DRMWAYS.
2. CURB QPENINGS PER LQT:
SINGLE FAMILY RESIDENTIAL-16' MIN.. 25' MAX. A MAXIMUM QF 4Qr. FRQNTAGE
FOR CURB QPENINGS, UNLESS QTHERWlSE APPROVED BY THE CITY ENGINEER
MULTI-RESIDENTW. & COMMERCW. -16' MIN., 35' MAX. A MAXIMUM QF 6Dr. FRONTAGE
FOR CURB QPENINGS, UNLESS QTHERWlSE APPRQVED BY THE CITY ENGINEER.
3. BOTH RESIDENTIAL & CQMMERCW. CURB QPENING SHALL BE A MINIMUM QF B' FRQM
ANY P.C.R, AND 3' FRDM ANY OBSTRUCTION, LE PDLES, HYDRANTS, ETC., UNLESS QTHERWlSE APPROVED.
4. THE MINIMUM DISTANCE SHALL BE 10' OR TO PROPERTY UNE WIHICH EVER IS LESS.
5. SEE REGIONAL STD. DWG. NO. G-lD FOR CONCRill JOINT DETAILS.
6. ALL CDNCRETE SHALL BE 517-C-2500 EXCEPT FOR COMMERCW. DRIVEWAYS. .QEIAlL;
7. If PROPERTY LINE IS LESS THAN 10' FROtel FACE OF CURB. PLACE EXPANSION JOINT AT PROPERlY LINE. NO SCAlE
B. FOR COMMERCW. DRMWAYS, CONCRill SHALL BE 56D-C-325D IN CURB OPENING AREA W1HERE THE
R-VALUE IS LESS THAN 4D, THE THICKNESS SHALL BE INCREASED TO 6 I/T FOR COMMERCW. DRIVEWAYS ONLY.
* 9. A1DDITIONAL WEAKENED PlANE JOINTS ARE REQUIRED WHEN THE WIDTH OF DRIVEWAY EXCEEDS lB'. THE NUMBER DF AIDDlTIONAL
WEAKENED PLANE JOINTS ARE DillRMINED AS FOLLOWS: DMDE THE WIDTH OF THE DRIVEWAY BY 1.5 TIMES THE
DEPTH (NORMALLY 10'). e.g. 25'/1.5 X 10.1.67. LESS THAN 2, THEREFORE USE 1 JOINT.
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7-26-95
CITY OF CHULA VISTA
PUBUC WORKS DEPARTMENT
DRIVEWAY APPROACH
11TH
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ENGINEER Date:
9-5-95 MONO
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CITY COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item / J
Meeting Date: October 24. 1995
Resolution /8"t? .?7AMENDING THE DRAFT 1995 SPHERE OF
INFLUENCE UPDATE STUDY (pCM 93-05) AND DIRECTING THE
AMENDMENTS BE SUBMITTED TO THE LOCAL AGENCY
FORMATION COMMISSION
SUBMITTED BY:
Special Planning Projects Manager, Otay Ran~ ~"S
City Manager (~ (4/5 Vote: Yes_NoXl
,
REVIEWED BY:
On March 14, 1995, the City Council approved the 1995 Sphere of Influence Update Study and
directed that the Study be submitted to the Local Agency Fonnation Commission (LAFCO) for
adoption. Staff filed the Study with LAFCO. In response to special districts and LAFCO comments
on the Study, staffis proposing the following amendments concerning water service.
RECOMMENDATION
It is recommended that the City Council:
Amend the 1995 Sphere of Influence Update Study and direct staff to submit the amendments to the
Local Agency Formation Commission.
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION
I. BACKGROUND
The Study Area for the Chula Vista Sphere ofInfluence Update was approved by the Chula Vista City
Council in January 1994. It encompasses the existing City of Chula Vista Sphere of Influence and
approximately 13,616 additional acres. The Sphere of Influence Study Area is generally bounded by
Heritage Road and the existing City limits on the west, Brown Field on the south, the Jamul Mountains
on the east and San Miguel Mountain on the north.
The Sphere of Influence Update Study was prepared by the City of Chuta Vista to identify the area
within which urban levels of development could commence within the next 15 years. The focus of the
Sphere Update Study has largely been the Otay Ranch and adjacent parcels.
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Page 2
Meeting Date: October 24. 1995
The Study identified Otay Water District (OWD) as the preferred purveyor of water to the Sphere
Study area but indicated that the City had the ability to provide water service under its charter or
franchise authority.
II. PROJECT DESCRIPTION
The proposed amendments to the Sphere Study continue to identifY the Otay Water District as the
preferred purveyor of water to the Study area and deletes references to the City's charter or franchise
authority.
IlL ANALYSIS
The Otay Water District has continued to express concern over the statements in the Sphere Study
concerning the City's ability to exercise its charter or franchise authority to provide water service to the
Sphere Study Area. OWD has expressed this concern to LAPCO staff, and LAPCO staff has
requested the City to resolve this concern prior to taking the Sphere Study to the LAPCO
Commission. In an effort to resolve this concern, City staffhas proposed the attached amendments to
the Study concerning water purveyors. OWD has been identified as the preferred purveyor and
language concerning the City's charter or franchise authority has been deleted from the Study.
Since these amendments are in response to a comment by the Otay Water District on the Sphere
Update Study EIR, there will be no environmental effects. The amendments do not have any
environmental consequences and do not need any additional environmental review.
FISCAL IMPACT:
LAPCO filing fees have been paid by The Baldwin Company. There are no additional fees for
reviewing the amendments.
Exhibits: Exhibit I
Sphere of 1nf1uence Study Area Amendments
Attachments: Resolution No.
CCSR1l3A.DOC
/3-.2
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RESOLUTION NO.
l8'tl~7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, AMENDING THE CITY'S
SPHERE OF INFLUENCE UPDATE RELATIVE TO THE
OTAY RANCH TO DESIGNATE OTAY MUNICIPAL WATER
DISTRICT AS THE WATER PROVIDER.
WHEREAS, the City of Chula vista has previously applied to the
San Diego Local Agency Formation commission for an amendment of the
City's Sphere of Influence to include portions of the Otay Ranch
within the City's Sphere; and,
WHEREAS, in said application for amendment, the City had
designated the Otay Water District as the entity that would provide
urban levels of water service and is the preferred water provider
to the territory which was the subject of the amendment, subject,
however, to the understanding that the City, as a charter city, has
and is reserving its charter authority to franchise a provider,
whether it be Otay Water District or some other provider; and,
WHEREAS, the City is willing to modify
Influence Update to designate Otay Water District
provider without clarification of its charter
explicitly stated in the Sphere amendment; and,
its Sphere of
as the preferred
authority being
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHU4A VISTA
DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The city's application for a Sphere of Influence
Update affecting the Otay Ranch currently filed with the Local
Agency Formation commission is hereby amended as set forth on the
pages thereof hereto attached as Exhibit A, the purpose of which is
to designate Otay Water District as the preferred water provider
without clarification of the City's existing and superior rights as
a chartered municipal government.
Section 2. The city declares that it is, and has been, the
policy of the City to exercise its governmental authority respon-
sibly and in a manner that will be fair to all interested parties,
and most importantly in a manner that will achieve effectiveness
and efficiency in the delivery of all governmental services to its
residents over the long term.
Section 3. The City further declares that, if permitted by
LAFCO to govern the territory proposed in the Sphere Update for
annexation, it will apply such policy in the government of the
annexed territory to the same extent and with the same concern for
fairness; and that conditions of annexation which interfere with or
unduly control the exercise of its governmental authority are un-
necessary and counterproductive to good local government and the
delivery of urban governmental service levels. The City urges
LAFCO and its staff not to require or impose undue restrictions on
the City.
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section 4. This resolution shall take and be in full force
and effect immediately upon the passage and adoption hereof.
section 5. The City Clerk shall certify to the passage and
adoption of this Resolution; shall enter the same in the book of
original Resolutions of said City; and shall make a minute of the
passage and adoption hereof in the minutes of the meeting at which
the same is passed and adopted.
e:\spherers.wp
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Presented by:
John D. Goss
city Manager
Bruce M. Boogaar
city Attorney
/3-1
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EXHIBIT 1
Chula Vista
Sohere of Influence Uodate
Executive Summary
Planning Areas
CRITERIA Qt,y Inverted Indus- COMMENT
Vall~ Resort "L" trial
Parks & + + + 0 Otay Valley, Inverted "L", Resort: . CV has
Recreation consistently met or exceeded its park standards. .
County of SO has not satisfied its park standards.
Industrial: . Both CV and City of SD have similar
local park standards. . The area does not contain
residential; therefore, thi, factor ;, of little
conseauence.
Library + + + 0 Otay Valley, Inverted "L", Resort: . CV has
established and achieved a higher standard than the
County. - Residents would likely use the CV library
in EastLake. Industrial: . No residential
develovment in this area - librarv service is not critical.
Public + + + 0 Otay Valley, Inverted ilL". Resort: . CVT
Transportation currently provides service to the planning areas along
Otay Lakes Rd. to EastLake planned community.
Industrial: _ Public transportation services could be
nrovided through CV or City arSD.
Solid Waste 0 0 0 0 Otay Valley, Inverted "L", Resort and Industrial:
_ If CV remains within the County system, the level
and cost of services would be identical within CV or
the unincomoratcd area.
Regional + + + 0 Otay Valley, Inverted "L", Resort: . Regional
Public public services would be similar in CV or the
Services unincorporated area. . CV augments some social
services provided by the County, resulting in a higher
level of service. Industrial: _ Regional public
services would be similar in CV or the Citv of SD.
Water + + + 0 Otay Valley, Inverted "L": - OWD can provide
urban levels of service and is the preferred water
purveyor. lie II SF, ia the mltiFe, CH Ift~ suefsise
eithsr ils shafter Sf ffanehisll aytkBri~. . To
successfully implement water reuse and reclamation
programs, a single jurisdiction (CV) providing sewer
and reclamation services is desirable. Resort: .
Annexation to CW A is required to provide an urban
level of water service, which would require
annexation, preferaBly, to the own Sf C~/. if Chula
HiM llesBffills a 'ater f1I:1Fll)8F. Industrial: .
Urban level water service can be provided regardless
of jurisdiction. _ Water reuse and reclamation would
be facilitated by including this area within a land use
jurisdiction which also provides sewer service (CV or
Citv of sm.
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Page 9
March 21,1995
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VI. Public Facilities
Chula Vista
Sohere of Influence Uodate
In 1990, Chula Vista's concern was manifested through the creation of
the Chula Vista Water Task Force. The Task Force concluded:
. Chula Vista should become more proactive in state and regional
water related issues, and
. Chula Vista should immediately and actively work to establish a
Chula Vista Interagency Water Commission (IAWC) to deal
with local water related issues.
In 1991, the City of Chula Vista concern was heightened after a review
of the OWD's Draft Master Plan, "Water Resources Plan for Otay
Water District," by Black and Veatch.
The City objected to the large capital investment required by OWD to
construct massive treated water storage facilities, recommended by
Black and Veatch. Chula Vista was and remains concerned about the
cost effectiveness and reliability of this strategy since it was likely that
existing and future residents of the City would be obligated to finance
the system through public debt. The financing necessary to construct
the facilities could potentially undermine the City's ability to use
similar financing mechanisms to construct other needed public
infrastructure. Currently, OWD has a self-imposed limitation of $.10
per $100 of assessed valuation on public debt.
The City of Chula Vista has the authority to become a water purveyor,
but has elected not to exercise such authority. The City of CIulla Vista
eauld seeure and/oI' eJleI'eise authority to pI'a..ide wateI' seniee thI'oagh
two seenarias, (1) eJwI'ase its independent eharteI' authority OF (2)
establish the Seuth Bay Irrigation Distriet as a subsidiaI'Y distriet.
However, the Otay Water District is the preferred water purveyor,.---ln
the futuI'e, the City of Chula Vista may eJ,eI'cise eitheF its ChaFteF
.^.utherity OF franeR-ise authority to pFe'lide wateF seniee to the
teI'ritory .
Page 238
March 21, 1995
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Chula Vista
Sphere of Influence Update
VI. Public Facilities
As discussed above, the Otay Ranch Program EIR concluded that the
Otay Water District is the preferred water provider for Otay Ranch,
including the Resort Planning Area. .'\.lse, as mSe\iSSCa meFe
cxtcRsi'ICly aBeve, the City ef Chula Vista may in the fat\iFe pFevide
water service te the Resert Planning .'\rca if the City Cl.ercises the
autherity te Beceme a water parveyer, successfully seC\ires water
rig-hts, and a .....ater distriBatien systcm ana steFag-c capabilities.
Annexation of the Resort Planning Area into a water district or
municipality acting as a water purveyor would require the approval of
the County Water Authority and the Metropolitan Water District63.
The Metropolitan Water District requires that, to the extent
practicable, local water purveyors which request an area for
annexation will comply with the following requirements:
(a) Annual water demand shall be minimized by
incorporating water conservation measures into the
development plans. Use of local groundwater, surface
water, and reclaimed wastewater supplies shall be
maximized to reduce demands on the District.
(b) Peak demands on the District shall be minimized
by construction and operation of local storage and
groundwater production facilities. In cases where the
annexed area is served by an existing water delivery
system. this provision may be satisfied by showing that
these facilities will be added to the existing system.
(c) Reclaimed wastewater or other non-potable water
shall be used on all golf courses; decorative lakes; and
other landscaped areas exceeding one acre, including
multi-family complexes, commercial and industrial
developments, and similar areas. Reclaimed wastewater
and other non-potable supplies shall be used for
industrial processes and other suitable uses. If such
63 As discussed previously, the MWD and CW A utilized SANDAG forecasts to
determine future water demand. The Series VIII population forecasts
included the Otay Ranch property at a slightly higher population than the
approved plan will generate.
J]~?
Page 253
March 21, 1995
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Chula Vista
Sohere of Influence Uodate
IX. Conclusions and Recommendations
Factor Include within Comment
Chula Vista
Sphere?
+ 0 -
Regional Public X Regional Public Services within the
Services Planning Area would be similar in the
City of Chula Vista or if the area remains
unincorporated. However, the City of
Chula Vista supplements some of the
social services provided by the County of
San Diego resulting in a higher level of
service within the City of Chula Vista.
Water X An urban level of water service can be
provided to the Planning Area regardless
of jurisdictional alignment. The Otay
Water District is the preferred water
purveyor. However, in the f\lt\lre, the City
of Clmla Vista may ellercise either its
Charter fMthority or franehise a\lthority
to proviae water serviee to the PlaRRiRg
~~ea. .'\lso, s\lceeesml '.yater re\lee aRa
reelamatioR programs are msre liI,el)' to
be implemeRtea where laRa \Ise a\lthsrity
aRa sewer eerviee are cSRtrsllea by a
eingle j\lrisdietisR, the City sf Ch\lla Vista.
Community Identity
Schools X This Planning Area orients toward and
identifies with the Chula Vista
Elementary School District and the
Sweetwater School District.
Postal X The residents of this area receive their
mail at a City of Chula Vista address.
Newspaper X Chula Vista residents cast ofI-805
identify with the local Star-News, and
thus identify with the City of Chula Vista.
/J-r
Page 301
March 21,1995
')06
IX. Conclusions and Recommendations
Chula Vista
Sohere of Influence Uodate
Factor Include within Comment
Chula Vista
Sphere?
+ 0 -
Regional Public X Regional public services within the
Services Planning Area would be similar in the
City of Chula Vista or if the area
remains unincorporated. However, the
City of Chula Vista supplements some
of the social services provided by the
County of San Diego resulting in a
higher level of service within the City
of Chula Vista.
Residents of this Planning Area would
likely access regional public facilities
located in the Otay Ranch EVC,
proposed for inclusion within the Chula
Vista Sphere ofInfluence.
Water X Annexation to the CW A is required as a
prerequisite to providing an urban level
of water service to this Planning Area.
This would require annexation to the
Otay Water District (OWD), the
preferred water purveyor. lIewever, in
the fatlue the City ef Clmla Viota lRay
exel'eise either its Charter !<1itherity sr
fraaehioe autherity ta llrayiae water
serviee ts the Plaaaing Mea. .'\Ioe,
saeeeesrul water reuse aaa reelalRatiea
llragralRs are lRare lil,ely ta be
ilRlllelRefltea where laRa ase aatRarity
aaa sewer serviee are eafltrallea by a
siflgle jarisdietisa, the City er Chala
:vist,a,
Page 308
March 21, 1995
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IX. Conclusions and Recommendations
Chula Vista
Sohere of Influence Uodate
Factor Include within Comment
Chula Vista
Sphere?
+ 0 -
Regional Public X Regional Public Services within the
Services Planning Area would be similar in the
City of Chula Vista or if the area remains
unincorporated. However, the City of
Chula Vista supplements some of the
social services provided by the County of
San Diego resulting in a higher level of
service within the City of Chula Vista.
Future residents would likely access
regional public service facilities planned
to be located in the Otay Ranch EVC.
Water X An urban level of water service can be
provided to the Planning Area regardless
of jurisdictional alignment. The Otay
Water District is the preferred water
purveyor. Hawenr, iR the flltllre, the
City af Chllla Vista may e"ereise either
its Charter !.Iltherity ar fraaehise
alltharity te l're'lide water serviee te the
Plaaamg .'\rea. ~'\lS8, slieeessfal -::atsl'
rellse and rselamatiBR f)Fegl'amS are
mare likely te Be imlllemeated where
laad Ilse alltherity aad sewer service are
eBRtl"ellsa by a siBgle jl:lrisEl:ietisR, the
City af Chllla '.rista.
Community Identity
Schools X This Planning Area orients toward and
identifies with the Chula Vista
Elementary School District and the
Sweetwater School District.
Future residents would likely use
elementary, middle and high schools
located within the City of Chula Vista.
Postal X The residents of this area receive their
mail at a City of Chula Vista address and
a Bonita address.
Page 314
March 21, 1995
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IX. Conclusions and Recommendations
Chula Vista
Sohere of Influence Uodate
Factor Include within Comment
Chula Vista
Sphere?
+ 0 -
Public X Public transportation services could be
Transportation provided by either the City of Chula Vista
or the City of San Diego.
Solid Waste X The level and cost of the provision of solid
waste service is unclear at this time and
will remain unclear until the City of
Chula Vista determines if it will contract
for solid waste services other than
through the County system. If Chula
Vista remains within the County system,
or if the area is included within the City of
San Diego, cost would be consistent with
County system costs.
Regional Public X Regional Public Services within the
Services Planning Area would be similar in the
City of Chula Vista, or the City of San
Diego.
Water X An urban level of water service can be
provided to the Planning Area regardless
of jurisdictional alignment. The Otay
Water District is the preferred water
purveyor. Hs-;:e-:er, in the fu.ture, the
City sf Ciulla Vista Hiay eJwreiBe either its
Charter .^...thsrity sr fraRchise authsrity
ts llr8'lille water seF\'iee ts the PlaRRmg
~'\rea. .'\.lse -l:ater ret-lEl8 BAd l'eelsmatien
iHillleHicRtatisR ...:s"llllle faeilitatelllly
iReluQing the PlaRRmg .\rea iR a laRIl "se
jurisllietisR whish alss llrs'lillee sewer
eel....iee, either the City sf Chula Viota sr
the City sf SaR Diegs.
Page 318
March 21, 1995
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COUNCIL AGENDA STATEMENT
~
ITEM TITLE:
Item
Meeting Date 10/24/95
Resolution IrtJ .r-~aking a position of "Oppose,
Unless Amended" on U.S. Senate Bill S. 269,
regarding border crossing fees and immigration,
which carries a "Watch" position in the Legislative
Program and therefore requires direct Council
action.
SUBMITTED BY: Legislative commit~\
REVIEWED BY: city Manager~~~\(4/5ths Vote: Yes___ No-X-)
Attached for your review is an analysis of S 269, which would
impose a $1 border crossing fee. Over the last two years, there
have been a number of federal proposals regarding border crossing
fees, which 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.
RECOMMENDATION: That Council approve the resolution opposing S 269
unless amended.
BOARD/COMMISSION RECOMMENDATIONS: Legislative Committee recommends
approval of the resolution. The Chula vista Chamber of Commerce
has indicated that it concurs in the city's proposed position on
this bill.
DISCUSSION
The bill proposed for Council action is as follows:
1. S 269 (SIMPSON) IMMIGRATION/BORDER CROSSING FEES: Would
establish a $1 land border crossing fee for all non-commercial
traffic, with unspecified discounts available to frequent
crossers. Other provisions include pilot programs for
automated border crossing facilities, hiring of 700 new Border
Patrol agents per year through the year 2000, hiring 300 new
INS investigators per year through the year 1998, and
strengthening criminal penalties for alien smuggling or
document fraud.
Legislative Committee Recommendation:
OPPOSE, UNLESS AMENDED
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. Subsequently, Council did take an Oppose position
to a border fee proposal (S 754) of $1.50 per vehicle and $0.75 per
pedestrian.
Since S. 269 contains several positive provisions, the committee
recommends the city take an OPPOSE, UNLESS AMENDED position on the
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Item
Meeting Date
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10/24/95
bill. This position would favor the increased border patrol
staffing, but push for either the elimination of the border fees or
at the very least, a liberal interpretation of the frequent-
crossing discounts to minimize the fees' impacts on local shoppers.
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.
In an unrelated action (not subject to this pending Congressional
authorization), as of Monday, October 9, the INS began charging a
$4 fee per border crossing card (maximum of $8 per family) for
Mexican citizens traveling bevond 25 miles north of the border or
for lonaer than 72 hours. This fee does not affect travel to the
Chula vista area and should not have a direct fiscal impact on the
City.
Attachments:
1. Resolution
2. Analysis and bill text, S 269
c: \wpSl\memos\cc1024. 113
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RESOLUTION NO. I~~~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TAKING A POSITION OF "OPPOSE
UNLESS AMENDED" ON S 269, WHICH CARRIES A
WATCH POSITION IN THE LEGISLATIVE PROGRAM AND
THEREFORE REQUIRES DIRECT COUNCIL ACTION
WHEREAS, on February 7, 1995, the City Council adopted
the 1995-96 Legislative Program; 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 Council; and
WHEREAS,
current legislative
by Council:
the following bill, which under the City's
policy is specifically required to be addressed
1. S 269 (SIMPSON) IMMIGRATION/BORDER CROSSING FEES: Would
establish a $1 land border crossing fee for all non-commercial
traffic, with unspecified discounts available to frequent
crossers. Other provisions include pilot programs for
automated border crossing facilities, hiring of 700 new Border
Patrol agents per year through the year 2000, hiring 300 new
INS investigators per year through the year 1998, and
strengthening criminal penalties for alien smuggling or
document fraud; and
WHEREAS, S 269 contains several beneficial provisions in
terms of hiring additional border patrol agents; and
WHEREAS, based on the significant potential for negative
fiscal impact to the city due to border crossing fees, the
Legislative Committee is recommending that Council take a position
to oppose S 269 unless amended.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby oppose S 269 unless amended to
reduce the impact of or eliminate the proposed border crossing fees
and direct the Legislative Committee to send letters as
appropriate.
sid Morris,
Manager
C:\rs\s269.opp
Assistant city
over o:oy
Presented by
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MEMORANDUM
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October 10, 1995
FROM:
Legislative Committee (\ ~
John D. Goss, City Manager ~ ~O~ \
Gerald Young, Senior Management Assistan~
Legislative Analyses
TO:
VIA:
SUBJECT:
Attached for your review is an analysis of S 269. This item carries a 'WATCH' position in the
1995-96 Legislative Program and, therefore, would require formal action by the City Council. It
is being forwarded to the Legislative Committee so that the committee's recommendation may
accompany the report to Council.
1. S. 269 (SIMPSON) IMMIGRATION/BORDER FEES Establish a $1 land border crossing
fee for all non-commercial traffic, with unspecified discounts available to frequent
crossers. Other provisions include pilot programs for automated border crossing
facilities, hiring of 700 new Border Patrol agents per year through the year 2000, hiring
300 new INS investigators per year through the year 1998, and strengthening criminal
penalties for alien smuggling or document fraud.
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.
An OPPOSE, UNLESS AMENDED position would favor the increased border patrol
staffing, but push for either the elimination of the border fees or at the very least, a liberal
interpretation of the frequent-crossing discounts to minimize the fees' impacts on local
shoppers.
Staff Recommendation:
OPPOSE, UNLESS AMENDED
If you have any questions about this bill, please give me a call at 585-5649.
cc: Mayor and Couneil
Advocation, Inc.
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CITY OF CHULA VISTA
LEGISLATIVE ANALYSIS
October 11, 1995
..
BILL AUTHOR TITLE INTRODUCED AMENDED
S 269 SIMPSON IMMIGRATION AND 1/24/95 6/14/95
NATIONALITY ACT
CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM
PENDING NONE S 754 (City Opposed 5/16/951 YES; II.C.3.a. (Watch)
STATUS: Pending in Senate Judiciary Committee; No hearing set
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.
Subsequently, Council did take an Oppose position to a border fee proposal (S 754)
of $1.50 per vehicle and $0.75 per pedestrian.
As of Monday, October 10, the INS began charging a $4 fee per Mexican border
crossing card (maximum of $8 per family) for travel bevond 25 miles north of the
border or for lonoer than 72 hours. This fee does !1Q1 affect travel to the Chula Vista
area and should not have a direct fiscal impact on the City.
S 269 would:
Establish a $1 land border crossing fee for all non-commercial traffic, with unspecified
discounts available to frequent crossers. Other provisions include pilot programs for
automated border crossing facilities; hiring of 700 new Border Patrol agents per year
through the year 2000 (a total increase of approx. 70%). hiring 300 new INS
investigators per year through the year 1998 (a total increase of approx. 100%). and
strengthening criminal penalties for alien smuggling or document fraud.
The bill summary states that, "all monies will help cover costs and improvements at
U.S. land ports of entry," and, "The collection of such fees reduces the likelihood that
funds needed for border-related expenses will not be available." This language
implies that there may be a risk of little new border infrastructure money being
approved by Congress without a border fee.
Although the bill was "marked up" by the Immigration Subcommittee in June, the
official text is still not available and may vary significantly from the published
summary. As such, it is difficult to be sure how some of the new language will be
interpreted. One area that may be especially problematic is the original bill's
reference to the fees being sufficient to cover all maintenance and operation costs.
Such language could result in a "bait and switch: with the foot-in-the-door $1 fee
soon replaced by a much higher levy.
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OPPOSE, UNLESS AMENDED S. 269 (SIMPSON)
October 11. 1995. Page 2
Due to some of the bill's other positive provisions. staff would recommend the City
take an OPPOSE, UNLESS AMENDED position on the bill. This position would favor
the increased border patrol staffing, but push for either the elimination of the border
fees or at the very least, a liberal interpretation of the frequent-crossing discounts to
minimize the fees' impacts on local shoppers.
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.
DATE TO COUNCIL
City Council
October 24, 1995
RECOMMENDATION
OPPOSE, UNLESS
AMENDED
LETTERS
YES
C:\wp51 )ANAL YSES\5269.ana
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SUMMARY OF 8.269,
~GRANT CONTROL AND FINANCIAL RESPONSIBILITY ACT OF 1995,
(as reported from the SUbt-o......lttee OD ImmigratiOD; .Jnne 14, 1995)
Title I ~ the govemmeDt's ability to eoDlrol -wation. Title n teduces the
cost of immigration 10 the taxpayer.
TrI'LE I: IMMIGRANT CONTROL
A. LAW ENFORCEMENT
Part 1. Additional Ewon:emeot Personnel (sections 101-103)
Tbese sections add 700 Bon1c.r Patrol Agcms for each of the m:xt five fiscal
years (a IOtal increase of about 70%). TIley authorize the addition of 300
full-time INS investigators ror the Dellt three fiscal years (a total iD.ccease of
almost 100%), all of which would be used to enforce laws against alien
smttggling and ull1awful employment of aliens. The Attorney General and
Secretary of Ihe -Treasury are also required to incttase the number of
impcaors 10 assure full staffing of all land bolder crossing laDes during peak
times.
Part 2. Verifying EllgibDity to WOIk and to ReceIve Public Assistance (sections
111.120)
Within 8 years, the Attorney General and Commi...ioncr of Social Security
must implemeot a system to veritY an applicant's eliglbility for etnploymeJ1t or
public assistance. The system must reliably veritY both the identity IlIld
eligibility of an applicant. Ally dnt'J'1l:lents \ISCcl in such a system must be
IeSis1ant to tamperiDg and COIl1lteIfeltIng. Tbe sta1ute provides pro1l:ction
apimt improper use of the vc:rifhttllm sysrem and violations of privacy.
Such officials are directed to conduct 3-year pilot projects in 5 states to test tbe
fcas1'bility of verifICation sySlemS, and to consult regulatly with Congress on
the status of each project. Additional or rem:wcd projects are possible, and a
liDlll evaluation and recommendalion ilIl"\:quired after completion of the
proja:ts .
The Attorney Ge.o.eral ill directed to establish a system to access the databases
of INS and the Social Security Administration for po$sible use in the new
verification syslwl.
FcdllIlll standaIds are established for birth cemrlCllte8 m:1 state-issued drivers
licenses. A copy of all death CCl'tit'iclItes must be sem to the Soclal Security
/ltfmlni-.tion.
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t.1vll penalties are inaeascd for k:oowiDg employIlllmt of undocumented aliellS
lllKl failure to properly verity worker eligibility. 'Ibc patlcm or practice of
biriDg illegal worlrers is made a felony. Civil penalties can be doubled for
employers who bave willfully or repeatedly violated federal labor srandards.
Pines in excess of $5 miIliUII. per year are ICtainDd by INS to augment future
eofuroement of the law agaiJlst kDowiDg employment of illegal aIieDs.
The AllOml:y GcDcral is authorlzed to hire additiooal Asslstam U.S. Attorneys
to prosecute immlgration-relatcd cases.
Subpoena power is gramed to d""'8""ted INS officers and to the Secretary of
Ubor to investigate c:iocument fraud and the unauthorized employment of
aliens.
Part 3. AJien SmuaJiDg; Document Frand (sections 121-133)
These sections increase anti-smuggling enforcement effectiveness 1brougb
additional wiretap 8I1thority and availabiIi1y of RICO procedures and penalties.
Pecal.tic:s fur alien smuggling or barboring are iDcJeased, and mAmRtnry
minimums are added. Vidcolllped witness ~ is adD1i5sib1o in
Bmuggling prosecutions.
Asset fud'clture is authorized for certain activities Ie1ated to alien smuggling
and document fraud, and erimioal forfeiture is extended to cover assets derived
from such activities. Civil penalties are increased for bringing i110gal aliens
from contiguous countries.
These sections also provide a new grotmd of exclusion for document fraud;
establish higher penalties and mandatoIy minlmllm~ for the fraudnlent ereatlon
or use or go""........:m.issw:d. d.oi::uments; i1lC(e3SC tho civil and crlmlna1
penalties for usiDg tpll~11.ent docIlJ1l~ts to eWm immigration beoefits; and
impn.-- a new crimlnal penalty for failing to disclose role as the preparer. for a
f\:e, of II fIaudulent application for asylum (and - after such a conviction - for
preparing am lmmiW'tion app1ication, _ if not for a fee and not fur
asylum. The offender is foreed "out of the busmess" of prcpariDg immigration
appllcatlons, simi1a.r to the \reRhI'IIo'lt of someone who violates securities laws).
The civil penalties fur documeut fraud may be incIeased for employers who
have willfully or repeatedly violated fcdcra1labor &tandards.
'Ihe Attorney General may waive any pen.lt;...., for document fraud if an alien
is granted uylum, or if deportation is withheld bocau&c of the alien's fear of
persecution. Section 133 provides that aliens ~h>.,a"le """'on"" of dOClrnleut
ftaucI may not qlI.IIlify for withholding of deportation, unless fotmd to have a
"cralib1c: fear of penecution. "
Part 4. ExclllSion and Deportation (sections 141-153)
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Special exclusion procee"i11gB (with limitM Arlminir<tratlve and judicial review)
arc established for (1) aliens who commit cloc:umcnt fraud or fall to present
documc:IdS which would bave been required to board a carrier, (2) aliens who
have been apprehended at sea and appear to be excludable, and aliens who
have cnt:red Wi1hout inspection in the previous two ycaIli. and (3) wIzn the
Attorney GCDCral invokes such ptoCCCdings duriJla "an emaordinary migration
situation. I Aliens who cnler from Canada or Memo may be rctutoed to that
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counny pc mg ""'u exc '.V'D 11" ......"011.
These scctlO11S also redIIl:c the llJoe:o[ive 10 delay an exclusion or deportation
proceeding. The '-year period of U.S. l'Mi~ required to qualify tOr
section 212(c) or section 244 relief (allowing aliens to avoid deportation or
exclusion if they have lived in the U .S, for such period) DO longer includes
time after proceedings have begun. Judicial review of fiDa1 orders of
deportation (as well as exclusion and special exclusion decisions) Is
s1rcamlincd. A new civil penaJty is created for aliens who bave m:el.ved an
order to depart but have failed to leave the colJlltly,
Aliens who fall to depart after being aulhorized to leave voluntarily are subject
to Iim, Immigration judges are pven SIIbpocDa authority for exclusion and
deportation bearings.
An additional inccDtive is provided for couutries to IIOOCpt deporled aliens who
are their Datiollals. Current law lI1I1barizcs the withholding of immigrant visas
to nationals of such countries. The bill adds nonimmigranl visas.
Also authorized: a special fund to reduce deportation backlogs and a pilot
program for pro bono represenlation in cleporwion proceedings to detcnJ1ine
whether such rcprcscmation expedites the process.
Part 4 also restores carrier liability for stowaways brought into the Unilcd
State.~.
In addition, tbcsc sections authorize pilot proarams for the interior repatriation
of illegal alJeos. and for wse of closed military bllSCl5 for detention of
excludable or deportable aliens.
Part S. CrT.....".1 Alieus (sections 161-172)
The defiIliti.on of "aggravated felon" is broadeuetl to iDclude additional crimes
(such as transportation for prostitution and commercial bribery) and to include
aliens who ~~ serious c:rimcs but who are ~ to less than 5 years
imprisonmcDt (the S year mlDlmum _n.....r.e is required for severa1 aggravalcd
felonies under CIlttCot law). Ccrlain aggIllvalcd fcI011S are made IDe1igib1e for
withholding of deportation based on fear of penecutioD.
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District judges ere authori2ed to order deportatlon as l CODdition of probation
&lid may order the deportation of a criminal alien at the time of sentencing if
the alien is deporlable on my ground.
The AttOrney Genetal is requ.ircd to submit an ammal ~port to Congress on
crlmiDal aliens and lhelr removal.
INS is givCII authority to CODliul;t l.I1I.dcIt:ovcr opcratiOJlli.
The SecretaIy of Slate, rogether with the Attorney General. is au1horlzcd to
enl:r nepiations allowing tile transfer of criminal a&ns to foreign prisons
without prisOllCt con....,..
Laws requiriDg those who coIIIIol or harbor alien prostitutes to register with
INS ere streDgthencd.
Part 6. Miscellaneous (sections 181-t92A)
This part coutain5 provisions IrI1ating to use of tile Immigration Emergency
Fund, the seizure of vessels, aDd the use of loca1law enforcement pc:r8ODD.elln
tJl8CDt circumsttuwes involving IJJlIS5 migration. Abo. the blIJI 011 open-field
searches is repealed. aod a mminaI peIllIlty is imposed on aliens who vote.
The Attorney GcDcra1 is diIeeted to develop an automated entry/exit coDlroI
systllm within 2 years. Carrier liabDity i~ ~ for individuals who enter
tile O.S. in ttansit to a d1lrd country, but fall to leave.
These sections also authorize law cafoOO""""" use of information from m.CA's
le&AU....riQl1 and special agricultural workct' programs, &lid require that Federal,
State. and local COn1lllllelll. ageucies DOt l~b.ic;t IlvlllWowication between their
pmon:ncl and INS. Voluuteers may be 1JKd to aid INS officials. Surplus
equipment from other government agencies may be acquired for use in
stopping ilIcgal immigration. Dead1n- for 1he legaH~..tion progr.un imposed
by m.eA in 1986 ere ICaffinncd. Alieoa who have worked wi1tlin the United
Slates without authorlzation, or who have ovcmaycd a l'Io:>'.:......igrant visa or
otberwise viollted the terms of such a visa, ere prohibited from adjustiDg to
lawful pennanent resident stams, as are aliens who an: not in a lawful
nonimmignnt status.
B. OUU;.K CONTROL MEAStJRES
Part 1. Parole Autborit7 (sections 193-194)
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'Ibesc sections tighten parole au1bori1y by (a) ctlaugiDg the accep1Bble use from
"emcrgcat :masons" and "reasons deemed strictly iA the public iDteIest" to
"urgent humanitarlan reasons or significant public benefit, " (b) requiring case-
by-ease dctcrmiDation, aDd (c) providing that tbe mmber of parolees who
remain In the COUWy for lIlOEe tban a year must be IUblraCtCd from the world-
wide level of Immigrants for a subsequent year.
Part 2. Asylum (sections 195-198)
These sections reduce the abuse of asylum law. There Is a prohibition on tbe
fi1iDg of asylum applications by aliens using dor.nm....'" fJ:audulently or by
excludable aliens appn:b.cnded. at sea, subject to a "credible fear of
pmecution" exception. The dc1ermlnation that there Is a "credible (ear Qf
persecution. is DIlIdc by an asylum officer on the basis of (a) the appll.cant"S
swements. if the officer detennines that 1here is a substantiallikclihood !be
statemenu are tNC, and (b) the officer's knowledge uf country condition~.
Applications for asylum are requirod within 30 days oC entry into the United
States or wirhin 30 days of changed circumstances. These sectiODli also
encourage mOle careful granting of work authorization to asylum applicants
and provide additional resoun:es to n:dw:e existing asylum adjudication
backlogs.
Part 3. Cuban AdJustment Act (sectlon 199)
This section repeals the Act. but provides that the Act's provisions will
10/10/93 11:44
It
These sectiODS n::qm that tbc affidavit of support signed by the sponsor of an
immigrant be enforceable as a coll1IllCt UIItil the spoosored individual has
WOlked in the U.S. for 40 "qualifying quarrers" (10 years - ""mi'1g sufficient
wages. payini taxes, and IIDt n::celviDg welfare). A civil penalty is created for
failure to give DOtification within 30 clays of a sponsor's change of ~ss.
The INA is modified to require that the income and resoutl:eS of the sponsor
be deemed to be tbat of the spomored individual for purposes of accessing
need-based Fe4eraI plog1am5 for as long as the affidavit of support is in
effect. States are given the option to ellact J:C8trictiOJlll whlch are equivalent to
(or less resuicdve than) those ""'P'-" by the Federal government.
In addition. a definition of "public charge" is added to the section 241(a)(5)
ground of depottation. A "public cbarge" is defined as an alien who has
n::a:ived a government-funded benefit for an aggregate of 12 ",nntnA wltbin the
first S years. Aliens who become a public t.barge are deportable, with
exceptions relatiDg to serious physical or mental disability arising after cotry.
Thi~ part also doubles tb:: maximum peoa1tlcs for lDdividuals who forge or
al1cr the seal of any Federal agency. or use a forged or altered seal, in oIder
10 falsely receive govC11llllCJlt beoefits.
High illegal immigration s1atc8 an:: permitted to use Medicaid funds to place
investigators at hospitals to discern fraud and alien ineligihility for benefits.
Part 2, User Fees (sections 211-213)
This pert ins1i1utes a land border user fee of $1 (for non-commercial travelers),
with discounlS avai1able to those who cross ftequeDt.1y. All moDies will help
cover costs and improvements at U.S. laId poJ:l&.of-ently. The colk:cdon of
INCh fees Ieduces the Iikelibnnd that fuDds needed for border-related expenses
will not be available.
This part also 8I11:horizes pilot pioarams for c:ommutc:r-1anes at the land border
and for automated border aossina Cacililies.
The fee cunent1y dJarged for insI*tion of all a.irIine passengers is exrcnded to
all ship passeugetS. except !hose on inIetDlllional Cerricll.
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