HomeMy WebLinkAboutAgenda Packet 1995/11/21
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DATED, IJ 7 ~ SIGNo:.D 6-
Council Chambers
Public Services Building
REVISED
Rerular MeetinQ of the Citv of Chula Vista Citv 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:
November 7, 1995 (Regular City Council Meeting), November 13,
1995 (Special Meeting of the City Council), and November 14, 1995
(Regular City Council Meeting).
4. SPECIAL ORDERS OF THE DAY:
a. Proclamation commending Kingsley McLaren. The proclamation will be presented by Mayor
Horton.
b. Presentation to Council by the Chula Vista Aquatics Association.
*****
Effective April I, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be available in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through J4)
The staffrecommendations 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 fOlm 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 reportable actions taken in Closed
Session on 11/14/95. It is recommeoded that the letter he received aod filed.
Agenda
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November 21, 1995
b. Letter from Ricki Pedersen requesting financial assistance for the JAZZ TRAX stage band
to travel in March 1996 to Orlando, Florida to compete in a regional ja?,z festival and
perform at Disney World. It is recommended that $500 of the Council Contingency Account
be granted to JAZZ TRAX in exchange for which the group will perform at two City events
within the next year.
c. Letter from Pamela Campos and Teresa Bristow requesting two turn lanes he added on
Orange Avenue, one at Jade Avenue and one at Jasper Avenue, It is recommended that the
letter be forwarded to staff and the Safety Commission for review and response.
6. ORDINANCE 2652 AMENDING SECTION 5.07.020 OF THE MUNICIPAL CODE TO
ENABLE THE CITY COUNCIL TO ABATE THE BUSINESS LICENSE
TAX RATES IN ONE-YEAR INCREMENTS FOR UP TO THREE
CALENDAR YEARS, AND AMENDING SECTION 5.02 OF THE
MUNICIPAL CODE TO MAKE ADMINISTRATIVE CHANGES TO
MAKE THE MUNICIPAL CODE CONSISTENT WITH EXISTING
PROCEDURES FOR PROCESSING BUSINESS LICENSE
APPLICATIONS (second readinl! and adontion) - The Business License Tax
ordinance adopted in 1990 was stmctured so that taxes increase annually unless
they are abated by Council. Last year Couocil requested that the ordioance be
changed to eliminate the annual abatemeot heariogs. Staff felt the City's
interests would be better preserved by allowiog the tax to be abated for up to
three years rather than the one that is currently allowed. Staff recommends
Council place the ordinance on second reading and adoption. (Director of
Finance)
7. RESOLUTION 18117 AUTHORIZING TEMPORARY STREET CLOSURES ON SATURDAY,
DECEMBER 9, 1995 FOR THE DOWNTOWN BUSINESS ASSOCIATION
TO CONDUCT THE ANNUAL STARLIGHT YULE PARADE, AND
WAIVING OF FEES FOR CITY -PROVIDED SERVICES AND SUPPLIES
The Downtown Business Association is requesting permission to conduct the
annual Starlight Yule Parade aloog Third Aveoue on Saturday, 12/9/95, aod is
requesting various City-provided services and supplies. Staff recommends
approval of the resolution. (Chief of Police)
8. RESOLUTION 18118 APPROVING AGREEMENT WITH STOORZA, ZIEGAUS, AND
METZGER TO PROVIDE COMMUNITY OUTREACH SERVICES IN
CONJUNCTION WITH SMARTCOMMUNITY PROJECT AND
TRANSFERRING FUNDS WITHIN THE MANAGEMENT &
INFORMATION SERVICES DEPARTMENT - On 10/24/95, Council
approved the SmartCommunity contract with San Diego State University which
provides the City with $66,960 to conduct a community outreach program. That
contract allows the City to hire a consultant to assist with the project. Staff has
issued a Request for Proposals. received and evaluated responses, chose a
consultant and negotiated a contract with the highest rated firm. Staff
recommends approval of the resolution. (Director of Management &
Information Services)
9. RESOLUTION 18119 APPROVING SUBMITTAL OF A USED OIL BLOCK GRANT
APPLICATION IN THE AMOUNT OF $73,361 TO THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD FOR FISCAL YEAR
1996/97 - The California Used Oil Enhancement Act requires the collection of
four cents for every quart of lubricating oil sold, transferred and imported into
California from oil manufacturers. Chula Vista consumers pay four cents per
quart into the fund when they purchase oil. The Act mandates the California
Integrated Waste Management Board use a portion of the funds to provide block
grants to local governments for used oil programs that encourage recycling.
Staff recommends approval of the resolution. (Conservation Coordinator)
/
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Agenda
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November 21, 1995
10. RESOLUTION 18120 APPROVING THE POSTING OF SIGNS PROHIBITING ALCOHOLIC
BEVERAGE CONSUMPTION AT RIENSTRA SPORT FIELDS - Several
complaints were received this past season from league officers of the South Bay
Lillie League and Pony South League regarding problems created by adults over
consumption of alcoholic beverages. Staff recommends approval of the
resolution. (Director of Parks and Recreation)
11. RESOLUTION 18121 GRANTING PERMISSION TO PACIFIC BELL MOBILE SERVICES TO
SUBMIT FOR A CONDITIONAL USE PERMIT IN ORDER TO
CONSTRUCT AND OPERATE A PERSONAL COMMUNICATIONS
SYSTEM FACILITY IN HALECREST PARK - Pacific Bell Mobile Services
has submitted an application (PCM-96-12) requesting permission to submit a
Conditional Use Permit application in order to construct and operate a Personal
Communications System facility. a wireless communications system similar to
cellular, in Halecrest Park. Staff recommends approval of the resolution.
(Director of Planning)
12. RESOLUTION 18122 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF
A CAB & CHASSIS WITH MOUNTED AERIAL LIFT - The fiscal year
1995/96 equipment replacement budget provides for the purchase of one
replacement aerial lift for the Traffic Signal section of Public Works. On
9/19/95, the purchasing agent accepted bids for the purchase. Staff recommends
approval of the resolution. (Director of Public Works and Director of Finance)
13. RESOLUTION 18123 ACCEPTING BIDS AND AWARDING CONTRACT FOR
"INST ALLA TION OF STREET LIGHTING ON FOURTH A VENUE
BETWEEN "E" STREET AND SR54" - On I 111/95, bids were received for
the "Installation of Street Lighting on Fourth Avenue between "E" Street and
SR-54 (TF-149)." The project involves the installation of street lighting to
replace the street lights that are being removed by the undergrounding of utility
lines and the removal of wooden poles along Fourth Avenue. Staff recommends
approval of the resolution. (Director of Public Works)
14.A. RESOLUTION 18124 APPROVING FINAL MAP AND OF TRACT 91-04 EAST PALOMAR
ESTATES, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS DEDIC A TED ON SAID MAP, ACCEPTING THE EASEMENTS
GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND
APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MA YOR TO EXECUTE SAID
AGREEMENT - On 7/16/91, Council approved the Tentative Subdivision Map
for Tract 91-04, East Palomar Estates. Staff recommends approval of the
resolutions. (Director of Public Works)
B. RESOLUTION 18125 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 91-04 EAST PALOMAR ESTATES, AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
* * END OF CONSENT CALENDAR * *
-"
Agenda
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November 21, 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 Fonn" available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete
the pink fonn to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
15.
PUBLIC HEARING
16.
PUBLIC HEARING
PCC-90-25M; REQUEST FOR FIVE YEAR EXTENSION TO AN
EXISTING CONDITIONAL USE PERMIT FOR AN RV STORAGE YARD
AT 1375 BROADWAY, WITHIN THE S-94 ZONE - BROADWAY
PALOMAR RV STORAGE - The request is for a five year extension of an
existing Conditional Use Permit which authorizes a recreational vehicle storage
yard at 1375 Broadway. Additionally, the applicant is requesting the deletion
of a condition to the original permit which requires payment of a parks in-lieu
fee to the City. Staff recommends the DubHc hearin2 be continued to
12/5/95. (Director of Planning) Continued from the meeting of 11114/95.
CONDITIONAL USE PERMIT PCC-95-48; REQUEST TO CONSTRUCT
AND OPERATE A CELLULAR COMMUNICATIONS FACILITY
LOCATED AT 625 "H" STREET - AirTouch Cellular is requesting permission
to construct and operate a cellular communications facility at 625 "H" Street
composed of a 950 square foot enclosure containing a 360 square foot equipment
building and a 75 foot tall monopole supporting 30 directional (panel) antennas
and four digital (dish) antennas at the rear or northern boundary line of 625 'H"
Street. Staff recommends approval of the resolution. (Director of Planning)
RESOLUTION 18126 GRANTING A CONDITIONAL USE PERMIT, PCC-95-48, TO
AlRTOUCH CELLULAR TO CONSTRUCT AN UNMANNED
CELLULAR COMMUNICATIONS FACILITY AT 625 "H" STREET
17. PUBLIC HEARING FORMING OPEN SPACE MAINTENANCE DISTRICT NUMBER 33,
BROADWAY BUSINESS HOME VILLAGE - On 10/24/95, Council
approved the Engineer's Report on the proposed Open Space District Number
33, Broadway Business Home Village and set 11/14/95 and 11/21/95 as the
dates for the public hearings on the proposed formation. An additional tentative
public hearing date was set for 12/12/95, but will not be held at the request of
the Citrons as authorized by the City Attorney. Staff recommends Council place
the ordinance on second reading and adoption and approve the resolution.
(Director of Public Works)
A. ORDINANCE 2653 AMENDING SECTION 17.07 OF THE MUNICIPAL CODE ALLOWING
USE OF OPEN SPACE DISTRICTS FOR PARKING LOT
MAINTENANCE (second readin2 and adoDtionl
B. RESOLUTION 18127 ORDERING THE IMPROVEMENTS AND THE FORMATION OF OPEN
SPACE MAINTENANCE DISTRICT NUMBER 33, BROADWAY
BUSINESS HOME VILLAGE, CONFIRMING THE DISTRICT
DIAGRAM AND LEVYING THE ASSESSMENT AND COLLECTIBLE
FOR FISCAL YEAR 1996/97
i-f
Agenda
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November 21, 1995
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council'sjurisdiction that is !1Jl!. an item on this agenda for public discussion. (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications
Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action. Your time is limited to three
minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
18. ORDINANCE 2654 AMENDING THE CAMPAIGN CONTRIBUTIONS ORDINANCE TO
CLARIFY THE CONTRIBUTIONS LIMIT A TION WHEN TWO
ELECTIONS FOR DIFFERENT TERMS OF OFFICE FOR THE SAME
SEAT ARE OCCURRING SIMULTANEOUSLY, TO APPLY THE CITY'S
CONTRIBUTIONS PROHIBITIONS AND LIMITATIONS TO
INDEPENDENT EXPENDITURE COMMITTEES, AND OTHER
CHANGES (first readine) - With the simultaneously occurring general and
special elections coming in March, 1996, questions from potential candidates
have arisen as to the operation of the City's campaign contributions ordinance
which can and should be resolved by Council action rather than legal
interpretation. Staff recommends Council place the ordinance on first reading.
(City Attorney)
19. RESOLUTION 18128 CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL
AND SPECIAL MUNICIPAL ELECTION FOR SEAT NUMBERS 3 AND
4, AND REQUESTING THE SAN DIEGO COUNTY BOARD OF
SUPERVISORS TO CONSOLIDATE THE GENERAL AND SPECIAL
MUNICIPAL ELECTIONS WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON TUESDAY, MARCH 26, 1996, FOR THE
PURPOSE OF ELECTING TWO MEMBERS OF CITY COUNCIL AND
SUBMITTING CERT AIN CHARTER AMENDMENTS TO THE PEOPLE;
AND APPROPRIATING $61,500 THEREFOR - The filing period for the
next Municipal Election on 3/26/96 is 12/4/95 12/29/95. Therefore, it is
necessary to call the election before the filing period. Staff recommends
approval of the resolution. (City Clerk and City Attorney) 4/5th's vote
required.
.~)-
Agenda
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November 21, 1995
20. RESOLUTION 18114 AUTHORIZING THE MAYOR TO EXECUTE A POWER TO SAVE
INCENTIVE AGREEMENT WITH SDG&E FOR THE
IMPLEMENTATION OF PHASE II OF A COMPREHENSIVE ENERGY
RETROFIT PROGRAM; AMENDING CIP GG149 ENERGY RETROFIT
PHASE II TO THE FISCAL YEAR 1995/96 CAPITAL IMPROVEMENTS
PROGRAM; APPROPRIATING $87,618.32 THEREFOR - The City has
implemented an ongoing retrofit program to save money and conserve energy.
This is Phase II of the retrofit program which will annually save $35,000 in
utility costs and will retrofit exterior and interior lighting at 22 municipal
buildings and provide $25,747.30 in incentives from SDG&E. Staff
recommends approval of the resolution. (Environmental Resource Manager)
4/5th's vote required. Continued from the meeting of 11/14/95.
21. RESOLUTION 18129 APPROVING AGREEMENT WITH THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS FOR SERVICES RELATED TO TELECENTER
DEVELOPMENT AND OPERA nONS, ACCEPTING AND
APPROPRIATING $80,000 FROM THE ENERGY CONSERVATION
FUND IN PASS-THROUGH FUNDS FROM THE CALIFORNIA ENERGY
COMMISSION -In the spring of 1995, staff worked with SANDAG to apply
for additional grant funding from the California Energy Commission (CEC) to
offset general telecenter operations and services costs. The CEC accepted the
joint application and agreed to provide an additional $80,000 for telecenter
operational costs for the second year of operations. Staff recommends approval
of the resolution. (Environmental Resource Manager) 4/5th's vote required.
22. RESOLUTION 18130 AMENDING THE CITY'S MASTER FEE SCHEDULE TO ESTABLISH
NEW GREEN FEES AT CHULA VISTA MUNICIPAL GOLF COURSE-
American Golf Corporation, the golf course lessee, is requesting a green fee
adjustment as per the lease agreement approved hy Council in November 1984.
The Agreement allows the lessee to adjust the green fees to comparable golf
courses at least once per year. The current green fees have been in effect since
10/1/94. Staff recommends approval of the resolution. (Director of Parks and
Recreation)
23. REPORT SAN MIGUEL RANCH AD HOC CITIZENS' ADVISORY COMMITTEE
AND SAN MIGUEL RANCH GOALS AND OBJECTIVES - Emerald
Properties, Inc. has submitted applications for a General Plan Amendment, a
General Development Plan (GDP) amendment, a Sectional Planning Area plan,
and an Environmental Impact Report for the San Miguel Ranch property. A
condition of the previously-approved GDP requires the formation of an ad-hoc
citizen's advisory committee to provide input into the planning process. Staff
recommends Council: (1) approve the list of nominees; (2) appoint or solicit
applications for the at-large and Bonita resident members; (3) approve the
proposed guidelines; and (4) accept the Goals and Objectives. (Director of
Planning)
24.A. REPORT PROPOSED OT A Y RANCH UNIVERSITY SITE AND RELATIONSHIP
TO MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) AND
OTHER HABITAT CONSERVATION EFFORTS - On 11/14/95, Council
requested a report regarding the status of the Otay Ranch university site and its
relationship to MSC~ and other related programs. Council also requested an
evaluation regarding the need for consulting assistance in monitoring these
issues. as well as broader lobbying efforts regarding the university site. Staff
recommends Council accept the report and approve the resolution appropriating
funds for retaining a consultant to assist in monitoring habitat planning issues
related to the university. (Assistant City Manager and Director of Planning)
4/5th's vote required.
B. RESOLUTION 18132 APPROPRIATING $10,000 FROM THE UNAPPROPRIATED GENERAL
FUND BALANCE
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Agenda
25.
RESOLUTION 18074
25.1
ORDINANCE 2655
-7-
November 21, 1995
APPROVING CASH ADV ANCES FROM THE TRUNK SEWER CAPITAL
RESERVE FUND TO VARIOUS REDEVELOPMENT AGENCY FUNDS
AND FROM THE EQUIPMENT REPLACEMENT FUND TO THE
CENTRAL GARAGE FUND - Over the last few years, the available cash in
various city/agency funds has been depleted beyond a zero balance. This, in
effect, is an unrecorded loan against all other city/agency funds. In addition,
funds with positive cash balances are earning less interest revenue than
warranted due to this practice. It is recommended that the City move towards
returning all funds to a positive cash balance as soon as possible and
implementing strict controls to not allow any transaction against any cash
account which would reduce it below zero. Staff recommends approval of the
resolution. (Director of Finance) Continued from the meeting of 11114/95.
AMENDING CHAPTER 5.20 OF THE MUNICIPAL CODE TO ALLOW
IN CHULA VISTA ANY FORM OF GAMBLING ALLOWED AT ANY
OTHER LOCATION WITHIN THE STATE SUBJECT TO APPROVAL
OF AND QUALIFICATIONS UNDER A GAMBLING PLAN ADOPTED
BY RESOLUTION OF THE COUNCIL (first readin!!) - It has come to the
attention of the City Attorney that the State has adopted SBloo which will
become effective on and after 111/96 and which proports to prohibit cities from
amending their gaming ordinance to expand gaming in that jurisdiction for at
least three years. This prohibition on local control of gaming will probably be
extended beyond 1999 if a comprehensive scheme for the regulation of gaming
is allowed in the State. Staff recommends Couocil place the ordinance on first
reading and scbedule a special meeting for the second reading. (City Attorney)
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been remol'ed 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
26. CITY MANAGER'S REPORT IS)
a. Scheduling of meetings.
27. MAYOR'S REPORTlS)
a. Reviewing the City's Affordable Housing Policy in reference to AB1715. Continued from the
meeting of 11114/95.
b. Ratification of appointment to the International Friendship Commission - Anthony Ciotti, Sr.
28. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) a Special Meeting on Tuesday, November 28, 1995
at 5:00 p.m. in the City Council Chambers, and thence to the Regular City COllncil Meeting on December 5, 1995
at 4:00 p.m. in the City Council Chambers.
A Meeting of the Redevelopment Agency will be held immediately following the City Council Meeting.
r-:'
Agenda
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November 21, 1995
*****
CLOSED SESSION
Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will
discuss and deliberate on the following items of business which are permitted by law to be the subject of a closed
session discussion, and which the Council is advised should be discussed in closed session to best protect the
interests of the City. The Council is required by lLIw 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 a{ljournment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
29. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
. Cbula Visla and nine other cities vs. the County of San Diego regarding solid waste
issues (trash litigation).
. Legal strategies affecting Chammas, Fritsch and Christopher. (Following this item, there
may be public action taken to appropriate funds for litigation.)
RESOLUTION 18131 APPROPRIATING $334,340.16 FOR LITIGATION COSTS
2. Anticipated litigation pursuant to Government Code Section 54956.9
. Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA
lawsuit.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, 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.
SALE AND DISPOSITION OF REAL PROPERTY - Pursuant to Government Code Section 54956.8
. Franchise for Olay Water District for Streets and Right-of-Way.
. Purchase of property from R. E. Hazard Contracting Company, 1855 Maxwell Road, Chula Vista,
CA.
30. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
*****
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CllY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
From:
November 15, 1995
The Honorable Mayor and City counffl~
Bruce M. Boogaard, city Attorney ~
Report Regarding Actions Taken in Closed Session
for the Meeting of 11/14/95
Date:
To:
Re:
The City Attorney hereby reports to the best of my knowledge from
observance of actions taken in the Closed Session, that there were
no actions taken in the Closed Session of 11/14/95 which are
required under the Brown Act to be reported.
BMB: 19k
C:\lt\clossess.no
~~/
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5037
7-
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November 16, 1995
FROM:
The Honorable Mayor and City Council
John D. Goss, City ManagerC~~~
city Council Meeting of. November 21, 1995
TO:
SUBJECT:
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, November 21, 1995. Comments
regarding the written Communications are as follows:
5a. This is a letter from the City Attorney stating that there was
no observed reportable action taken by the City Council in
Closed Session on November 14, 1995. IT IS RECOMMENDED THAT
THE LETTER BE RECEIVED AND FILED.
5b. This is a letter from Ricki Pedersen requesting financial
assistance for the Jazz Trax stage band to travel in March
1996 to Orlando, Florida, to compete in a regional jazz
festival and perform at Disney World. Based on past practice
and the criteria set forth in Council Policy 159-02, "Funding
Private Organizations or Individuals", IT IS RECOMMENDED THAT
$500 OF THE COUNCIL r.ONTINGENCY ACCOUNT BE GRANTED TO JAZZ
TRAX IN EXCHANGE FOR WHICH THE GROUP WILL PERFORM AT TWO CITY
EVENTS WITHIN THE NEXT YEAR. In accordance with the Council
Policy, Jazz Trax and the City will enter into an agreement
stipulating the specifics of their performance requirements in
order to receive this funding.
5c. This is a letter from Ms. Pamela Campos and Ms. Teresa Bristow
transmitting a petition signed by their neighbors and
requesting a turn lane be added on Orange Avenue at Jade
Avenue and at Jasper Avenue. IT IS RECOMMENDED THAT THE
LETTER BE FORWARDED TO STAFF AND THE SAFETY COMMISSION FOR
REVIEW AND RESPONSE.
JDG:mab
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COUNCIL OffICES
CHUlA VISTA CA
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October 30. 1995
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The Honorable Shirley Horton
Mayor
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
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Dear Ms. Horton:
During a recent conversation with Rod Davis of the Chula Vista Chamber of Commerce, he
suggested that i contact you to introduce myself and JAZZ TRAX, a non-profit stage band of
young Chula Vista musicians i teach.
i have taught instrumental music in the Chula Vista Elementary School District for twenty-
six years, the last fifteen at the Kellogg Elementary School Performing Arts Magnet. In
September, 1993, several of my talented sixth grade music students asked if we could start a jazz
band. These nineteen youngsters attended lessons and rehearsals after school four days each
week and began performing for public functions almost immediately. .
Upon graduating from sixth grade in June, 1994, they all asked if we couid keep the group
together despite their going on to five different middle and junior high schools. Thus, JAZZ TRAX
became a non-profit community stage band. Every one of those students remains with the group
to this day, meeting two nights each week as i volunteer my time (and to some extent, finances) to
teach the group. Parents and community members have given overwhelming support to this "alter-
nate after-school activity" which keeps these young people focused on developing their best selves
despite many daily pressures to do otherwise.
I was recentiy honored by Channel 10 with their Leadership Award for my work with this
outstanding group of young people. It was heartwarming to receive the award and it once again
validated the wonderful things that these kids are achieving. We were also recently featured on
the KUSi- TV morning show to great reviews!
We are now attempting to travel in March 1996 to Orlando, Florida to compete in a regional
jazz festival and perform at Disney World at a cost of approximately $16,000. My husband and I
are personally contributing $5000 to the effort and the band is working on fund-raising, but the
remaining amount is still quite daunting. I'm hoping that the City of Chula Vista might have an
interest in helping this group of some our finest local kids to realize a dream.
You will find enclosed a promo, a "resume" of the band, a CD which was recorded almost a
year ago (they are much more advanced now!) and some newspaper articles about the band or me.
Please don't hesitate to call me if you have questions or wouid like to hear the band in rehearsal or
concert. I hope to hear from you soon
Yours truly,
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.. JAZZ TRAX ..
INTRODUCTION
JAZZ TRAX is a talented and dedicated group of young musicians
playing Big Band arrangements of music spanning fifty years!
With musicians averaging 12-14 years in age, this non-profit commu-
nity band rehearses two nights each week and is supported by
donations and volunteer efforts. It has performed for numerous
social and civic events including the Chula Vista Harbor Days Festival,
Disneyland, the California School Board Association Annual Conven-
tion, the Sweetwater Jazz Festival, a two-hour live radio broadcast
on KSDS-FM Jazz 88, and recently received a Superior rating at the
prestigious Fullerton Jazz Festival. JAZZ TRAX has been featured
in the San Diego Union-Tribune, the Chula Vista Star News, and both
Channel 8 and Channel 10 Tv.
In 1994, the band released its first CD and tape featuring twenty
tunes, including the swinging sounds of Tuxedo Junction, the jazz-
funk stylings of Herbie Hancock, and Big Band arrangements of rock
tunes like Louie Louie. Sales help support the education and activities
of the Band. Its next album, scheduled for release in late 1995, will
show the band's impressive musical growth this year, featuring
charts made famous by Duke Ellington, Count Basie, Glenn Miller and
Benny Goodman as well as more recent examples of Big Band jazz.
Under the direction of Ricki Pedersen, we invite you to enjoy the sizzling
sounds of JAZZ TRAX!
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+
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.. JAZZ TRAX ..
JAZZ TRAX is a talented and dedicated group of young musicians
playing Big Band arrangements of music spanning fifty years!
With musicians averaging 12-15 years in age, this non-profit commu-
nity band rehearses two nights each week and is supported by
donations and volunteer efforts. Under the direction of Ricki
Pedersen, it has performed for numerous social and civic events
including the Chula Vista Harbor Days Festival, Disneyland, the
California School Board Association Convention, the Sweetwater
Jazz Festival, a two-hour live radio broadcast on KSDS-FM Jazz 88,
and recently received a Superior rating at the prestigious Fullerton
Jazz Festival. JAZZTRAX has been featured in the San Diego Union-
Tribune, the Chula Vista Star News, and both Channel 8 and Channel
10 Iv. In addition, the director has been presented Channel 10's
Leadership Award for her work with this inspiring group.
In 1994, the band released its first CD and tape featuring twenty
tunes, and a second album is scheduled for late 1995. Sales help
support the education and activities of the Band.
Plans for 1996 include numerous public and private performances,
competition in several jazz festivals, and a tour to Orlando, Florida.
FOR MORE INFORMATION CALL 425-1008
Sb-J
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.. JAZZ TRAX ..
RESUME
Description
JAZZ TRAX is a non-profit community jazz ensemble playing
big band arrangements of swing. bebop. fusion. and rock
tunes.
Membership
Of the nineteen members. thirteen are eighth graders. three
are ninth graders. one is in tenth grade. and two are parent
participants. All students began their musical careers at
Keilogg Elementary School and elected to keep this group
together after they graduated from sixth grade. The direc-
tor is music director at the Kellogg Elementary School Per-
forming Arts Center in the Chula Vista Elementary School
District and donates time and materials teaching JAZZ TRAX.
Major Performances
1994 Chula Vista Elementary School Board Command Performance
International School Board Assn Command Performance
Local ten-school tour
Two-night June coffee-house concerts. standing room only
Chamber of Commerce Annual Kickoff Luncheon
Chula Vista Harbor Days Festival
Chamber of Commerce Mixer
Kellogg School Jazz in America
Studio produced compact disk
Showcase performance. California School Board Ass'n
1995 (through Sep.) Fredericka Manor Third Friday concert
Disneyland Big Band Stage
KSDS-FM live two-hour broadcast
Fuilerton Jazz Festival (Superior rating)
Showcase performance. Clearview Council Awards Ceremony
Showcase guest performance. Sweetwater District Jazz Festivai
Opening Ceremony. Int'l Speech & Training Institute Conference
Two-night June coffee-house concerts. standing room only
Fifteenth Annual Sandcastle Competition
Coronado Concert in the Park Series
Sweetwater Honor Band Camp Featured Showcase Performance
Chula Vista Harbor Days Festival
Adams Avenue Street Fair
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Sound of
Jazz Trax
ageless'
By 'rom Dougherty -
Bta/fWriter .
Jazz Trax has the sound and:
credentials of a successful profes-
sional jazz band. The Chula Vis-
ta-based group has performed, at
Disneyland, ,been featur"d on
KSDS radio, andcutaCD~ all
of which might not raise IIl1yeye-
brows, except that the members
of the band are teen-agers.i
The' 20-member ensemqle in-
cludes ,one 14-year-olll'l: one
15-year"'Oldand twoadul~_The
rest are 12- and 13-yearc9W stu-
dents at four South Bay'ti>iddle>:
schools:' I "'" '
Band organizer Ricki Peller""n,
who teaches lit Chull1i Vista'steel-
logg Elementary School, says her
young musicians have poise an,d
musicianship beyond their years.
"I'm thrilled to be working with
this bunch," she says: "They're
very ,professional. " . ' .
The band started as an extra-
""mcular, activity at Kellogg
School in November, 1993. The Despite their youthful appearance; the 20 members of Chula Vista's Jazz Trax band are seasoned
performing arts magnet school professionals. . i .., ;
has a music program that begins
in the second grade. The young-
sters start with string instru-
ments, violin or cello; Pederson
says o"'er instruments are not
availab1'e in child's sizes. When
they reach the fourth grade, the
students are introduced to horns
and woodwinds.
Pederson says she had a group
of sixth grade students, who had
been playing for three or four
years, approach her with the idea
of forming a school jazz band.
"1 couldn't. think-of any reason
not to," she says, "so 1 ordered
some music. At the end of the se-
cond rehearsal 1 knew the band
was going to fly."
The group started practicing
two or three times a week and
started making public appearan-
ces in February, 1994. As they
played in public, they mad& a
name for. themselves and job
offers. began to come in. By the
end ofthe school year, Jazz Trax ste~s a chanc~,to de,!,onstrate,
had 15 performances under its "theIr CO<lIn~f'i'llnder'pressure.
belt and was hungry for more. 'The ban.d play~d;tor an hour, took
They kept practicing through ", a 15-mmute break, then came
the summerof1~94, and the harcj.,ba~k for a second set. At that
work paid off. Jazz Treks has pomt, Pederson says, the power
played at the Harbor Days Fes- went out during the break, and
tival in Chula Vista, and for the when it was restored, there were
Chula Vista Chamber of Com- no lights on the band's music
me,rce and the California School stands.
Board Administrators Associa- "The kids sailed through the 45
tion, to name a few, minutes without reading any rnu-
Ti-~-~f:~:-a?:l%}~~'i:~~~t ~i:~~ ~~~.dei':o';;: wno" p)ays clllrlnlli!
included "In the Mood" '"Sweet saxophone and drums, says that
Georgia Brown," ICMalaguena," s:tI~ knew her band could do it. '
"Watermelon Man" and "Sing, . 1 never ,worry about their play-
Sing, Sing."' mg, Theyr~ never scaredt be-
Pederson says the crowd re- cause there s a lot of confidence.
sponse at the big band stage was They've learned to be sW7essful."
"incredibly fantastic." Jazz Trax The 20-member. band mcludes:
has. already been invited back to Dave C~~mberlam, lead trom-
Disneyland. bone; Tncla <?Iark, second trom-
The radio gig gave the young- bo,:,e; Lmo Ohveno, lead alto sax;
BrIana Heme, first alto sax; Dan
Flinn, second alto sax; Armando
Arzate, second alto sax; Mike So-
ponto, firsLtenor sax; Jennifer
Heine, second tenor sax; Joey
3 Risetto, b~ritone sax; Gerry Ruiz,
lead trumpet;. Fred Gonzales, se-
cond trumpet; Joe Prouty, third
trumpet; Tony D'Amico, drums;
Damien Donaton, drums; Joey
Morrison, drums; Jose Perez,
bass; Hans Chamberlain, key-
board; and Ryan Dunn, guitar,
'-' J -1L I 1._...-"...__...:..
ahe'SIlY$. "+:l:1e ,expertise level is.
. increasing ....1/0 '.rapidly that we
don't.' sound like the' eame l1and
that we were ev,,,, as recently as
last October. Every day is a new
experience,. '
Lead trumpeter Gerry Ruiz, for
example, came to the band in the
fifth grade with no musical expe-
rience. He asked for a trumpet
. after his best friend took up saxo-
phone.
r,I,.<,lidn't'Van~to play wl:1!1the
"played,"Rulz saya. .'
Now.he can play for two hour.
at a: level of virtuosity that Peder-
son says she has never heard in
anyone younger than a high
school student.
"What keeps amazing me is
how well he plays. He has a real
pro's attitude, always picking up
new music,"
Pederson says she h,opes the
band will stay together, and that
she expects, it to earn enough
money performing to pay its own
way.
';" ,.
"Now that the band has a life of
its own, I hope that it grows with
the students. I'd like the com'
munity to 'know that Jazz Trax
will become a communi ty trea-
sure."
52>--3
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~ Deailnorable Mayor and City Counci
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NOV I n IQOl\ W
COUNCil OfFICES
CHUlA VISTA CA
November 6, 1995
...
This letter is in reference to a petition we have circulated throughout our
neighborhoods , The petition is in regards to having two turn lanes added on Orange
Avenue, one at Jade Avenue and one at Jasper Avenue,
Our two streets are the only streets without turn lanes between 1-805 and Hilltop
Avenue, As you know many tickets have been issued on Orange Avenue at Jade and
Jasper inlets due to excessive speeds, which jeopardizes the safety of individuals making
left hand turns onto these streets,
Please take this petition under review to see if it qualifies for our desired upgrade,
Thank you for your time and consideration in reviewing this issue, we hope you concur
with us on this matter. Please feel free to contact us for more in-depth information,
Pamela Campos
1535 Jasper Avenue
Chula Vista, Ca, 91911
Phone: 691-9580
Teresa Bristow
1605 Jade Avenue
Chula Vista, Ca, 91911
Phone: 691-1605
Facsimile: 476-7477
Sincerely,
~~.
'-----.-1~w.e>.- ~L./'
PAMELA CAMPOS
TERESA BRISTOW
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I4ILLTOP DRIVE
LEFT
TURN
~ AVaIJE
-0
-0
JADE AVENUE
L..CW. LANE
LEFT
TURN
LARKl4AVEN
LEFT
TURN
MAX AVEtIJE
MEI..PD5E AVENJE
LEFT
TURN
805 FREEWAY
0)
LOCATION MAP 5l10WING LEfT TURN LANES
ON ORANGE AVENUE FROM 805 FREEWAY
TO !-tILL TOP DRIVE (NOT TO SCALE)
~ '02-
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WE TIm PEOPLE ON JADE AND JASPER. PE1TITONlNO FOR A TURN LANE
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ITEM TITLE:
/t,
Item ~ // 1:
Meeting Date ~ /~;if
O\\O~
Ordinance ~(p~ Amending section 5.07.020 of tWll'?
Chula vista Municipal Code to enable th~~\J=ffy
Council to abate the Business License~a ~~es in
one-year increments for up to three ca r years,
and amending Section 5. 02 Of~h ~ C to make
administrative changes to make . VMC consistent
with existing procedures for 'ocessing business
license applications.
CITY AGENDA STATEMENT
Public Hearing: Considering abating the Calendar
Year 1996 Business License Tax rates to retain them
at the current CY 1995 levels and potentially
abating the CY 1997 and CY 1998 business license
tax rates to retain them at the CY 1995 level on
the condition that the proposed ordinance ~l.<;~
allowing multi-year abatements is adopted.
/'
~ Resolution lil'~ Abating the Business License Tax
4P-',i,!",/!15 rates for Calendar Year 1996 to retain the tax
V) I ~ rates in CY 1996 at the CY 1995 levels.
SUBMITTED BY: Director of Finance~
REVIEWED BY: City Manager~
The Business License Tax ordinance (effective January 1, 1991) is
structured so that the business license tax rates increase annually
unless the City Council takes action to abate them each year.
Since 1991, tax rates have remained the same, due. to annual
abatements. Last year Council expressed a desire to eliminate the
need for annual abatement hearings. Staff recommends against this
based on the relevancy of an earlier City Attorney opinion which
advises against eliminating the abatement proceeding because, due
to recent legislative and initiative efforts, the city is in the
unique position of having an option to increase revenues where
warranted , despite minority protests. As an alternative, it is
recommended that the requirement that an abatement hearing be held
every year be modified to allow Council to abate the tax rates for
up to three calendar years. This would eliminate the need for
abatement hearings to be held each year, while still protecting the
City against potential state legislation or court decisions which
could prohibit the Council from ever raising the taxes.
Based on Council direction, revenue estimates in the current FY 95-
96 budget we,re prepared based on current tax rates. Abating the CY
1996 tax rates to retain them at their current CY 1995 levels would
not require a budget adjustment. Any action to abate CY 1997 tax
rates would affect next year's budget and CY 1998 tax rates would
affect FY 97-98 budgeted revenues.
)-~<r- ;;; - /
Page 2 :Item
Meeting Date 11/14/95
~
Notification of the public hearing and copies of this report were
sent to the Chamber of Commerce, the Broadway Business Association,
the Downtown Business Association and the Bonita Professional
Association.
RECOMMENDAT:ION: That Council:
1. Adopt Ordinance , increasing the period for
which business license taxes can be abated from one
to three years, and making other administrative
changes to the Business License ordinance.
2. Conduct the public hearing.
3.
Adopt Resolution
1996 business license
in Calendar Year 1996
to abate the scheduled CY
tax increase to retain taxes
at their current level.
Ordinance
Allowinq for Multi-Year Tax Increase Abatements
The Business License Tax ordinance which became effective January ~
1, 1991 is structured so that the business license tax rates 1
increase annually unless the City Council takes action to abate
them each year. Since 1991, tax rates have remained the same, due
to annual abatements accomplished by City Council resolution. At
last year's abatement hearing, Council requested that staff return
with a means of eliminating the annual abatement hearing.
The City Attorney advises that continuing the abatement process is
advantageous to the City, as it preserves this and future Council's
ability to increase business license taxes, where deemed warranted
by the Council despite a minority protest. Changing the ordinance
to fix business license tax rates at this time would pose a large
risk, because there is a strong probability that new State
legislation or court rulings would forever preclude the City
Council from increasing the tax rates. Since the City's tax is
based on a flat rate (rather than gross receipts) structure,
periodic adjustments in the tax rate are warranted to maintain the
current level of City services which is supported by the Business
License Tax.
As an alternative, it is recommended that the requirement, that an
abatement hearing be held every year, be modified to allow Council
to abate the tax rates for up to three calendar years. This would
eliminate the need for abatement hearings to be held each year,
while still preserving the Council's ability to increase taxes in
the future. ~
11<~ G-L
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Page 3 Item
Meeting Date 11/14/95
In addition to lengthening the abatement period allowed, the
ordinance also makes administrative changes which make the CVMC
consistent with current business license processing practices.
These changes clarify the contents of business license application
information and the license application routing procedures and will
have no impact on business license taxes, fees or service levels.
Public Hearinq and Tax Abatement Resolution
The Business License Tax Ordinance 2408 requires that a public
hearing be conducted to discuss the advisability of abating the
business license tax increase which is scheduled for Calendar Year
1996. Ordinance 2408 provides that after the public hearing,
Council may pass a resolution to reduce the tax for a one year
period to any level not below CY 1991 rates. Currently the rates
are at the lowest level allowed. Due to the way the Ordinance is
structured Council must abate the tax for CY 1996 prior to January
1, 1996 or the taxes will increase automatically.
Although the City of Chula vista has one of the lowest tax rates in
the County and state, now is probably not a good time to raise
these taxes. Unlike most cities whose business license taxes are
based on a business' gross receipts, Chula vista's tax is based on
a flat rate plus a per employee increment. Gross receipts-based
tax structures automatically adjust for recessionary and
inflationary periods on an individual business basis. Flat rate
structures must be frequently adjusted to account for inflation or
other economic changes. While the ordinance has built in
protections against inflation eroding the tax base, the abatement
process is the only way to adjust for recessionary periods, while
still retaining the future ability to adjust the taxes upwards
during more prosperous economic times. If tax rates are not
adjusted accordingly, the relative tax burden on a business will be
highest during poor economic times and lowest during prosperous
times.
If Ordinance (discussed above) is adopted, Council may also
discuss the advisability of abating the taxes in Calendar Years
1997 and 1998 at this time. While the Ordinance gives Council the
flexibility of abating taxes for up to three years at a time, staff
is not recommending a mUlti-year abatement at this time. Given the
current economic downturn and uncertainty about future economic
conditions, staff is recommending that Council abate the taxes to
retain them at their current level for Calendar Year 1996 only.
While the annual abatement process is somewhat cumbersome, it has
generated fairly positive reactions from the business community,
demonstrating the City's sensi ti vi ty to the less than optimal
economic conditions facing our local businesses. staff is
recommending that discussion of the advisability of abating the
1997 tax rate be deferred until late CY 1996.
~ 0-3
Page 4 Item
Meeting Date 11/14/95
FISCAL IMPACT: Based on direction given by the City Council, the
$930,000 of business license tax revenue estimated in the current
budget is based on abating the CY 1996 tax rates to keep taxes at
their current level.
Abating the tax for CY 1997 or CY 1998 to retain it at the current
level, will have an impact on next year's and the FY 1997-98
budgets respectively, fixing business license tax revenues for
these years at a similar level.
Each five percent increase over current tax levels for most
businesses would result in approximately $37,500 of additional
General Fund Revenue annually. Each five percent increase would
cost an average business (four employees) $3.92 more annually and
each professional an additional $5.25 annually.
~~
(D-L-/
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~
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r\\O~
rr<j)<?
AN ORDINANCE OF THE CITY OF CHULA 'r~STA
AMENDING CHAPTERS 5.02 AND 5.07 OF ~ CHULA
VISTA MUNICIPAL CODE RELATING ~~ BUSINESS
LICENSE TAXES AND REGULATIONS~~~
~<yc:F
Chapters 5.02 and .07 of Title 5 of the
ode of which are h~r amended to read as
ORDINANCE NO.
,{ t:5.:2..
SECTION I: That
Chula vista Municipal
set forth below.
SECTION II: provisions Charter Section
312(d) (3), this ordi ance shall take effect and be in full force
immediately upon th second reading and adopti n hereof, which
occurred upon the assage hereof by at least ree affirmative
votes, because it f xes the rate of taxation for business license
taxes.
Presented by
~J)7. OL{) f!
to form bY~
Approved
5": 02/I5~U ~
as
~ 5. 02 D 4- I:)
. J
Robert W. Powell
Director of Finance
Bruce M. Boogaard
City Attorney
"5.02.040 Application-contents required-Investigation Fee(s).
Before any license is issued to any person, such person shall
make written application therefore to the finance officer of the
city. Such application shall:
A. State the nature or kind of business or enterprise for which
the license is required;
B. State the place where such business or enterprise will be
transacted or carried on;
C. State the followinq:
~ The ~ name and address of the owner of the business or
enterpriset:;:
~ The ownership classification: sole proprietorship,
partnership or corporation and the federal tax
identification number of the business.
~ The date business commenced in the citv of Chula vista.
.4..:..
The number of persons emploved bv the business,
/~~ b '-S
I'
.
.
.
2....
state license number(s) and state of California resale
number of the business or person conductinq the business.
D~. Be ~e~ ~yerfrjicant;
;>~02.~ Issuance~~~isites and procedure generally.
Upon application therefor as provided in this chapter, it
shall be the duty of the finance officer to prepare and issue a
1 icense pursuant to this chapter; provided however, that the
finance officer shall not issue any such license until it has been
noted on the application therefor that the location of the proposed
business has been reviewed by both the fire department of Bailaia~
aHa heuGiH~ iHG~eetioH and the planning department and any other
department deemed appropriate by the finance director, and has been
approved in accordance with the provisions of the building code,
the zoning ordinance and any other applicable code. (Ord. 2537 51
(part), 1992; Ord. 219151 (part), 1987; Ord. 1293 51 (part), 1970;
prior code 518.5).
5.07.020 Applicable tax rates - by year.
E.
Power to Abate in 1992 and thereafter to 1991 floor.
Notwithstanding anything else to the contrary in this section
contained, commencing for the 1992 calendar year and
continuing thereafter, the City Council is hereby authorized
for He more thaH oae ealeaaar year, but is not required, to
lower the tax imposed by this section in one vear intervals
for no more than three calendar vears but to no less than
taxes imposed in the 1991 calendar year."
/~ Co-6
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/8'//:1. /
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I
RESOLUTION OF THE CITY COUNCIL OtTHE CITY OF
CHULA VISTA ABATING THE BUSINEsS LICENSE TAX
RATES FOR CY 1996 TO RETAINflJ TAX RATES IN
CY 1996 AT THE CALENDAR YEAR 1995 LEVELS ON
THE EFFECTIVE DATE OF ORDINA E____
,
WHEREAS, the Business Licen~ Tax Ordinance 2408 requires
that a public hearing be conducted to discuss the advisability of
abating the business license tax increase which is scheduled for CY
1996; and '
j
RESOLUTION NO.
~
WHEREAS, Ordinance 240?' provides that after the public
hearing, Council may pass a resolution to reduce the tax for a one
year period to any level not below CY 1991 rates; and
WHEREAS, Council must abate the tax for CY 1996 prior to
January 1, 1996 or the taxes will increase automatically; and
WHEREAS, given the continued economic downturn and the
unlikelihood the economy will turn around completely in the near
future, staff is recommending that Council abate the taxes to
retain them at their current level for one calendar year--1996.
NOW, THEREFORE, BE IT RESOLVED that the City Council of ~
the city of Chula Vista:does hereby abate the Business License Tax '
rates for Calendar Year 1996 to retain the tax rates in CY 1996 at
the CY 1995 levels, on the effective date of Ordinance No.
Presented by
Approved as to form by
Robert Powell, Director of
Finance
Bruce~. Boogaard, city
Attorney
C:\rs\buslicen.tax
\
"""
/78-/
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COUNCIL AGENDA STATEMENT
Itt'm ---Z-
Meeting Date 11/21/95
ITEM:
/Y117
Resolution authorizing temporary street closures on Saturday, December 9, 1995, for the
Chula Vista Downtown Business Association to conduct the annual Starlight Yule Parade, and
waiving of fees for City-provided services and supplies.
SUBMITTED BY: Chief of pOliD
Ii \~ ~IJ
City Manager 19](f
(4/5ths Vote:_No..K)
REVIEWED BY:
The Chula Vista Downtown Business Association is requesting permission to conduct the annual Starlight Yule
Parade along Third Avenue on Saturday, December 9, 1995, and is requesting various City-provided services and
supplies.
RECOMMENDATION: That Council approve the Resolution, subject to staff conditions.
BOARDS/COMMISSIONS RECOMMENDATION:
Not applicable
DISCUSSION: The Chula Vista Downtown Business Association (DBA) is requesting permission to conduct the
33rd annual Starlight Yule Parade on Saturday, December 9, 1995. The DBA is also requesting City support
services and equipment, The DBA is requesting a Saturday evening to accommodate the participation of a maximum
number of Righ School and Middle School bands from the Sweetwater District; the District has committed marching
bands from each of the high schools in the district, as well as several bands from the middle schools.
The parade route will be along Third Avenue, between "R" Street and "E" Street. This is the same parade route
that has been used for a number of years. Third Avenue will be closed between "I" Street and "D" Street, to allow
for the staging and subsequent dispersal of participating units. "W Street and "E" Street will be closed between
Second and Fourth Avenue, and all other east-west streets that intersect Third Avenue between "I" Street and "D"
Street will be closed at the nearest point of detour to Third Avenue. Second and Fourth Avenue will remain open
to traffic at all times during the event. Chula Vista and San Diego Transit busses will run on alternate detour routes
during the closures.
The DBA sent notices to all businesses and residences affected by the street closure indicating the date and time of
Council's consideration of approval for the event.
The parade is scheduled to begin at 5:00 PM. Staging for the parade will begin at approximately 2:30 PM, and
will take place in the County Regional Center parking lots, and on Third Avenue between "I" Street and "R" Street.
The DBA is anticipating approximately 100 participating units in the parade, which will include marching bands,
miscellaneous marching units, floats, and other vehicles.
The DBA is asking the City to provide a number of services to support the event, and is requesting a fee waiver
for these services. The City has provided similar service in the past on a fee~free basis. Specific services requested:
Police services for crowd and traffic control from 3:00 PM to approximately 9:00 PM: cost estimate - $
3,100 - Reserve and OT pay.
YVLEAl13.95
1
7""/
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Item
Meeting Date 11/21/95
7
Use of the City's portable stage, PA system, folding chairs, and delivery, set-up, and removal of this
equipment: cost estimate - $ 270.00 - OT pay.
Parks Division personnel to clean-up trash along the parade route: cost estimate - $ 190.00 - OT pay.
Provision of street sweeping services immediately following the event: cost estimate for contractual street
sweeping - $ 240.00.
Provision, delivery, and removal of barricades, traffic cones, and other required traffic control equipment:
cost estimate - $ 920.00 - equipment rental and OT pay.
The total cost estimate for City services is $ 4,720
factors.
. These cost estimates do not include full cost recovery
The DBA is also requesting:
Permission to close Third Avenue between "I" Street and "D" Street, and to close all east-west streets
intersecting Third Avenue between "I" and "D". "H" and "E" Streets will be closed between Second and
Fourth to allow for parade staging and dispersal. Street closures would take place on some streets at
approximately 2:30 PM, with all streets closed by 4:45 PM. Streets will re-open as soon as possible
following clean-up after the event.
Permission to post "No Parking" signs on Third Avenue along the parade route. The parking prohibition
will be in effect from 3:00 - 9:00 PM.
The event is exempt from CEQA requirements with a Class 23 exemption.
Approval should be subject to the DBA meeting the following conditions:
I. Provision of evidence of general liability insurance in the amount of $1 million, in the form of a certificate
of insurance and policy endorsement which names the City as additional insured.
2. Execution of a standard Hold Harmless Agreement.
3. Distribution of written notification to all residences and businesses along the parade route and along other
streets that will be closed to traffic, of the date(s) and duration of the event.
4. Provision of an adequate number of portable toilets along the parade route.
5. Provision and posting of "No Parking" signs along the parade route. Posting must take place a minimum
of forty-eight (48) hours in advance of the effective time.
The Police Department, Parks and Recreation Department, Risk Manager and Public Works Department concur with
the conditions outlined above.
FISCAL IMPACT: Approximately $ 4,720 of non-budgeted over-time expenditures will be absorbed by
several City departments. An additional $450 will need to be absorbed by the Public Works department to offset
the costs of traffic control equipment rental and street sweeping services.
YULEA113.9S
2
7,2
') I
RESOLUTION NO.
1"/17
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING TEMPORARY STREET
CLOSURES ON SATURDAY, DECEMBER 9, 1995 FOR THE
CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION TO
CONDUCT THE ANNUAL STARLIGHT YULE PARADE, AND
WAIVING OF FEES FOR CITY-PROVIDED SERVICES AND
SUPPLIES
WHEREAS, the Chula vista Downtown Business Association is
requesting permission to conduct the annual Starlight Yule Parade
on Third Avenue on Saturday, December 9, 1995 and is requesting
various City-provided services and supplies; and
WHEREAS, the parade route will be along Third Avenue,
between "H" Street and "E" Street; and
WHEREAS, the event is exempt from CEQA requirements with
a Class 23 exemption.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby authorize temporary street
closures on either Saturday, December 9, 1995 at the request of the
Downtown Business Association determined sufficiently in advance to
permit the city to arrange for extra Police protection and Public
Works crews for the Chula Vista Downtown Business Association to
conduct the annual Starlight Yule Parade subject to the Downtown
Business Association meeting the following conditions:
1.
provision of evidence
insurance in the amount of
of a certificate of
endorsement which names
insured.
of general liability
$1 million, in the form
insurance and policy
the City as additional
2. Execution of a standard Hold Harmless Agreement.
3. Distribution of written notification to all
residences and businesses along the parade route
and along other streets that will be closed to
traffic, of the date(s) and duration of the event.
4. provision of an adequate number of portable toilets
along the parade route.
5. provision and posting of "No Parking" signs along
the parade route. Posting must take place a
minimum of forty-eight (48) hours in advance of the
effective time.
1
73
'I',
,~I j
BE IT FURTHER RESOLVED that the
waive the fees for city-provided service
Presented by
hereby
Richard P. Emerson, Chief
of Police
c: \rs\starlite
2
)-1
COUNCIL AGENDA STATEMENT
Item
Meeting Date
g--
11/21/95
/3'llr
ITEM TITLE: COUNCIL RESOLUTION Approving Agreement with Stoorza,
Ziegaus, and Metzger to provide Community Outreach Services in
conjunction with the SmartCommunity project and Transferring
Funds within the Management & Information Services Department.
SUBMITTED BY: Director of Management & Information services~
REVIEWED BY: City Manager~5\9 (4/5ths Vote: Yes_ NO..JL)
At the October 24, 1995 City Council Meeting Council approved the SmartCommunity
contract with San Diego State University which provides the City with $66,960 to
conduct a Community outreach program. That contract allows the City to hire a
consultant to assist with the community outreach portion of the project. The
outreach will assist the City in determining the vision, needs and demands for
on-line services for residents and businesses. Staff has issued a Request for
Proposals, received and evaluated responses and negotiated a proposed contract
with the highest rated firm, Stoorza, Ziegaus and Metzger. This consultant has
not contracted with the City for any other projects during the current fiscal
year or the prior fiscal year.
RECOMMENDATION: That Council adopt resolution:
a. Approving the contract with stoorza, Ziegaus and Metzger
to provide community outreach services.
b: Approving the Transfer of Funds Between Several Accounts
in the Management & Information Services budget to
support the Smart Community Project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
Because of Chula vista's noteworthy supply of already existing "smart"
facilities, (including the libraries, the telecenters, and local schools such as
Clearview Elementary and Juarez-Lincoln Elementary), CalTrans has offered the
City the opportunity to become a "test community" for determining the vision,
needs and demands for on-line services for residents and businesses. This
outreach will include Council workshops, public workshops, discussion groups and
other appropriate techniques to identify potential on-line applications, and the
commitments and roles of interested community members, groups and organizations.
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. The
Smartcommunity contract between SOSU and the City of Chula Vista provides funds
8'~/
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Page 2, Item
Meeting Date
3"
11/21/95
for the City to hire a consultant to perform the outreach portion of the project.
The timeframe for completion of the project being requested by CalTrans does not
allow sufficient time for staff to perform the outreach functions. Staff issued
a request for proposal on September 8, 1995. This RFP was advertised in the Star
News as well as the San Diego Union and was also sent to 25 public relations
firms throughout San Diego. The city received responses from the following five
interested firms by the deadline of September 29.
stoorza, Ziegaus and Metzger
Moore, Iacofano and Goltsman
The Gable Group
Chavez & Associates
Olson Communications
San Diego
Marina Del Rey
San Diego
San Diego
San Diego
$25,000
$30,280
$34,450
$92,400
$39,150
These responses were reviewed by a committee appointed by the City Manager
consisting of Louis Vlgnapiano - Director of Management & Information Services,
Jim Thomson - Deputy city Manager, Phil Garcia - Project Coordinator (San Diego
State University) and Patrick Murphy - Center for the New West. The RFP's were
rated using a set of pre-established criteria consisting of:
. Knowledge & experience in outreach
. Knowledge of online & telecommunications
. Comprehensiveness & appropriateness of the plan
. Ability to fulfill requirements
. Cost
. Completeness of Proposal
. Company/team stability
. Location/accessibility
The top three rated firms; stoorza, Ziegaus and Metzger; Moore, Iacofano and
Goltsman; and the Gable Group were then invited to give a presentation and were
interviewed by the selection committee. Their references were also checked.
From these three, Stoorza, Ziegaus and Metzger was rated the highest.
The RFP requested firms to propose a total outreach solution which included tasks
required by the City as well as optional tasks the City could include if
necessary. A separate price was quoted for all of the required tasks as well as
the optional tasks. During the negotiation process, staff structured the duties
of the consultant by expanding some of their duties and reducing others in order
to most efficiently use the expertise of the consultant as well as City staff.
Under the proposed contract, for $26,500, the consultant will create an outreach
program for the City which will potentially identify the vision, needs and
demands for on-line services for residents and businesses. The consultant will
conduct workshops with a broad range of the public, key civic leaders and
organizations as well as with the City Council. In addition, the consultant will
conduct discussion groups to further refine the ideas learned at the workshops.
The consultant will summarize the ideas presented during the outreach and assist
the City in creating input to a guidebook (which is required by the SDSU
contract) as well as refine the ideas into a possible plan of action for the
8'~,t
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Page 3, Item
Meeting Date
~
11/21/95
future. At the end of the outreach, the consultant will assist in
presentation to the City Council concerning the overall process
information learned through this process.
giving a
and the
When Council approved the SmartCommunity contract with SDSU, council also
appropriated funds into several specific accounts of the Management & Information
Services budget to cover anticipated expenditures of the outreach consultant, a
temporary expert professional and supplies. These appropriations totaled $57,995
(of the $66,960 that the City will receive from SDSU) and were placed in the
following accounts:
100-213-5105 (Hourly Wages)
100-213-5142 (Employee Benefits)
100-213-5398 (other Commodities)
100-213-5201 (Professional Services)
$29,920
$ 2,804
$ 271
$25,000
The schedule for the SmartCommunity project was compressed by CalTrans so that
all of the funding for this project could be spent by June 30, the end of their
fiscal year. Due in large part to this schedule compression by CalTrans, staff
has reevaluated the amounts needed in each category for the outreach consultant,
temporary expert professional and supplies and services. The account transfers
listed in the attached table are being requested so that the budget for this
project will be in line with the anticipated expenditures. No additional
appropriations are being requested.
Fiscal IlIlt>act
As stated above, sufficient funds for this contract were appropriated by Council
at the October 24 Council meeting. This contract is for $26,500 with an
allowance of up to $300 for materials. In addition, staff has budgeted $2,200
for any additional work which may be needed under this contract. All of the
amount spent under this contract (up to $29,000) is reimbursable under the City's
SmartCommunity contract with San Diego State University.
Under this contract, the City will be billed by the consultant after each of the
seven deliverables is completed. After the City pays the consultant for each
deliverable the City will submit a reimbursement request to SDSU. This will
ensure that the City is reimbursed in a timely manner for all expenditures under
this contract.
~<J /i-t
;)(0
RESOLUTION NO. / t7 / ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT WITH STOORZA,
ZIEGAUS, AND METZGER TO PROVIDE COMMUNITY
OUTREACH SERVICES IN CONJUNCTION WITH THE
SMARTCOMMUNITY PROJECT AND TRANSFERRING FUNDS
WITHIN THE MANAGEMENT & INFORMATION SERVICES
DEPARTMENT
WHEREAS, at the October 24, 1995 City Council meeting,
the Council approved the SmartCommunity contract with San Diego
State University which provides the City with $66,960 to conduct a
Community outreach program; and
WHEREAS, said contract allows the City to hire a
consultant to assist with the community outreach portion of the
project; and
WHEREAS, staff has issued a Request for Proposals,
received and evaluated responses and negotiated a proposed contract
with the highest rated firm, stoorza, Ziegaus and Metzger; and
WHEREAS, this consultant has not contracted with the City
for any other projects during the current or prior fiscal year.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve an Agreement with Stoorza,
ziegaus, and Metzger to provide community Outreach Services in
conjunction with the SmartCommunity Project, a copy of which is on
file in the office of the city Clerk as Document No.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
agreement for and on behalf of the City.
BE IT FURTHER RESOLVED that the City Council does hereby
approve the transfer of funds between several accounts in the
Management & Information Services budget as set forth in Attachment
A to support the SmartCommunity Project.
Presented by Approved as to form by
Louie Vignapiano, Director of
Management & Information
Services
C:\rs\smart.COM
$'~
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ATTACHMENT A
Account Transfers for Resolution
From Account
100-0213-05105
100-0213-05105
100-0213-05105
100-0213-05142
100-0213-05142
100-0213-05142
1 00-0213-05142
100-0213-05142
1 00-0213-05142
100-0213-05201
100-0213-05398
Amount
$24,984.00
$4,000.00
$936.00
$4.00
$400.00
$400.00
$800.00
$900.00
$300.00
$25,000.00
$271.00
$57,995.00
To Account
100-0214-05105
100-0214-05201
100-0214-05145
100-0214-05145
100-0214-05143
100-0214-05211
100-0214-05212
100-0214-05218
100-0214-05252
100-0214-05201
100-0214-05398
%'?
T,'
Attachment A
Proposed Account Transfers
Account Current Change Requested
5105 - Hourly Wages 29,920 -4,936 24,984
5142 - Employee Benefits 2,804 -2,804 0
5143 - Medicare 0 400 400
5145 - PARS 0 940 940
5201 - Professional 25,000 4,000 29,000
Services
5211 - Advertising 0 400 400
5212 - Printing & Binding 0 800 800
5218 - Postage 0 900 900
5252 - Telephone 0 300 300
5398 - Other Commodities 271 0 271
Total 57,995 0 57,995
~~} /i-~?f
'!
1+ TrIfC#rn,,J r
COUNCIL AGENDA STATEMENT
Item
Meeting Date 10/24/95
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.
Director of Management & Information servicesj(ll
SUBMITTED BY:
REVIEWED BY:
City Manager
(4/5ths Vote: Yes~_ No___1
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". 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 utiliz~7 technologies and create "Worksmart"
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Page 2, Item
Meeting Date 10/24/95
communities which will allow the public to make fewer automobile trips, resulting
in less roadway congestion and improved air quality.
Because of Chula Vista's noteworthy supply of already existing "smart"
facilities, (including the libraries, the telecenters, and local schools such as
Clearview Elementary and Juarez-Lincoln Elementary), CalTrans is offering the
City the opportunity to become a "test community" 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 commitments and
roles of interested community members, groups and organizations. Conceptually,
Chula Vista could establish a city-wide on-line community network which will
provide:
. access to public information at least regarding City services and
potentially other community organizations and interests as well
. interactivity between the city's residents/customers and City
departments for various items such as permitting, paying fees, etc4
. greater community participation in public policy issues, and
. accommodation of mobility demand via the information highwaY4
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
community 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 4
The SmartCommunity project is a joint effort between Caltrans, San Diego State
University, the University of California at Davis, the Center for the New West,
and the City of Chula 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
communities to follow4 The four major areas are:
. Situation Analysis - This task provides the foundation for the
remaining sections4 It includes an inventory and analysis of other
similar projects throughout the State, the nation, and the world4
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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 Chula 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 Chula 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 Vignapiano, 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 Imoact
$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
Chula Vista from the other participating agencies: CalTrans, 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.
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Agreement between
City of Chula vista
and
stoorza, Ziegaus and Metzger
for Smartcommunity Community Outreach
This agreement ("Agreement"), dated November 21, 1995 for the
purposes of reference only, and effective as of the date last
executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the city-related entity as is indicated on
Exhibit A, paragraph 2, as such ("city"), whose business form is
set forth on Exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business
form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the
following facts:
Recitals
Whereas, the city of Chula vista is contracting with San
Diego State University as a subcontractor for the Smartcommunity
project; and,
Whereas, the SmartCommunity project permits the City itself
to hire a subcontractor to handle the community outreach process;
and,
Whereas, the city of Chula vista issued a request for
proposals soliciting such a subcontractor for the community
outreach process; and,
Whereas, Stoorza, ziegaus and Metzger responded to that
request for proposal; and,
Whereas, stoorza, Ziegaus and Metzger was the highest rated
proposer of those firms responding to the Request for Proposal;
and,
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
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NOW, THEREFORE, BE IT RESOLVED that the City and Consultant
do hereby mutually agree as follows:
1. Consultant's Duties
A. General Dutie5
Consultant shall perform all of the services described on
the attached Exhibit A, Paragraph 7, entitled "General Duties";
and,
B. scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according
to, and within the time frames set forth in Exhibit A, Paragraph
8, and deliver to City such Deliverables as are identified in
Exhibit A, paragraph 8, within the time frames set forth therein,
time being of the essence of this agreement. The General Duties
and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred t.o as the "Defined Services".
Failure to complete the Defined Services by the times indicated
does not, except at the option of the city, operate to terminate
this Agreement.
C. Reductions in scope of Work
city may independently, or upon request from Consultant,
from time to time reduce the Defined Services to be performed by
the Consultant under this Agreement. Upon doing so, city and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional
consulting services related to the Defined Services ("Additional
services"), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform
same on a time and materials basis at the rates set forth in the
"Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate
fixed fee is otherwise agreed upon. All compensation for
Additional Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
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exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following categor-
ies, and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the City:
statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit
A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City and Applicant as an Additional Insured, and which is
primary to any policy which the City may otherwise carry
("Primary Coverage"), and which treats the employees of the City
and Applicant in the same manner as members of the general public
("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services required under
this Agreement, by delivery of certificates of Insurance
demonstrating same, and further indicating that the policies may
not be canceled without at least thirty (30) days written notice
to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured
Coverage, Primary coverage and Cross-liability Coverage required
under Consultant's Commercial General Liability Insurance POlicy,
Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Securitv for Performance.
(1) Performance Bond.
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In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the City a performance bond by a surety and in a
form and amount satisfactory to the Risk Manager or City Attorney
which amount is indicated in the space a1ljacent to the term,
"Performance Bond", in said paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable letter of credit
callable by the city at their unfettered discretion by submitting
to the bank a letter, signed by the City Manager, stating that
the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and
amount satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Letter of
Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide security other than a
Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph
entitled "Other Security"), then Consultant shall provide to the
City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula vista Municipal
Code.
2. Duties of the city
A. Consultation and cooperation
City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule
therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit
access to its office facilities, files and records by Consultant
throughout the term of the agreement. In addition thereto, City
agrees to provide the information, data, items and materials set
forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials
beyond 30 days after authorization to proceed, shall constitute a
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basis for the justifiable delay in the Consultant's performance
of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant
submitted to the city periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on
the day of the period indicated in Exhibit A, Paragraph 18, City
shall compensate Consultant for all services rendered by Consult-
ant according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph
19 of Exhibit A, and shall compensate Consultant for out of
pocket expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain
sufficient information as to the propriety of the billing to
permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's
account number indicated on Exhibit A, Paragraph 18 (C) to be
charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have
complied with all executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages
Rate is provided in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the
essence in the completion of this Agreement. It is difficult to
estimate the amount of damages resulting from delay in per-
formance. The parties have used their judgment to arrive at a
reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess
of the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City,
or have withheld from monies due, the sum of Liquidated Damages
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Rate provided in Exhibit A, paragraph 14 ("Liquidated Damages
Rate").
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in
writing to the City's Contract Administrator, or designee, prior
to the expiration of the specified time. Extensions of time,
when granted, will be based upon the effect of delays to the work
and will not be granted for delays to minor portions of work
unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as
an "FPPC filer", Consultant is deemed to be a "Consultant" for
the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required statement of Economic Interests in
such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the
city Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
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Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the city Attorney of city if Consultant
learns of an economic interest of Consultant's which may result
in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
F. specific Warranties Against Economic Interests.
Consultant warrants and represents that neither consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in
any property within 2 radial miles from the exterior boundaries
of any property which may be the subject matter of the Defined
Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise
of future employment, remuneration, consideration, gratuity or
other reward or gain has been made to Consultant or Consultant
Associates in connection with Consultant's performance of this
Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of city.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers and
employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees)
arising out of the conduct of the Consultant, or any agent or
employee, subcontractors, or others in connection with the
execution of the work covered by this Agreement, except only for
those claims arising from the sole negligence or sole willful
conduct of the city, its officers, or employees. Consultant's
indemnification shall include any and all costs, expenses,
attorneys' fees and liability incurred by the City, its officers,
agents, or employees in defending against such claims, whether
the same proceed to judgment or not. Further, Consultant at its
own expense shall, upon written request by the City, defend any
such suit or action brought ag~inst the City, its officers,
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agents, or employees.
not be limited by any
Consultant.
Consultants' indemnification of city shall
prior or subsequent declaration by the
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the
right to terminate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other
materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be
entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up
to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance
of work under this Agreement has resulted in expense to city
greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse city
for any additional expenses incurred by the City. Nothing herein
is intended to limit city's rights under other provisions of this
agreement.
10. Termination of Agreement for Convenience of city
City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination.
In that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become city's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant
shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other
materials to the effective date of such termination. Consultant
hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth
herein.
11. Assignability
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The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City.
city hereby consents to the assignment of the portions of the
Defined Services identified in Exhibit A, paragraph 17 to the
subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be
subject to private use, copyrights or patent rights by Consultant
in the United states or in any other country without the express
written consent of City. City shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions
of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports,
studies, data, statistics, forms or other materials or properties
produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and
Consultant shall perform as an indepepdent contractor with sole
control of the manner and means of performing the services
required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any
of the Consultant's agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, city will not withhold state or
federal income tax, social security tax or any other payroll tax,
and Consultant shall be solely responsible for the payment of
same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been
presented in writing and filed with the City and acted upon by
the City in accordance with the procedures set forth in Chapter
1.34 of the Chula vista Municipal Code, as same may from time to
time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
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over
upon request by city, Consultant shall meet and confer in
faith with city for the purpose of resolving any dispute
the terms of this Agreement.
15.
Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense
of the claim, including costs and attorney's fees.
16. Statement of Costs
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or
cause the inclusion of, in said report or document, a statement
of the numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or
document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by city, Consult-
ant shall have no authority to act as City's agent to bind City
to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate
broker or salesperson. otherwise, Consultant represents that
neither Consultant, nor their principals are licensed real estate
brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
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matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the state of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, state
of California, and if applicable, the City of Chula vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula vista.
G. Additional provisions
In addition to the provisions set forth herein, in the
performance of its duties hereunder, Consultant agrees to comply
with any and all provisions set forth in that certain Standard
Agreement between San Diego State University and CalTrans Number
51X717 Rl (the Master Contract), which such contract is attached
hereto as Exhibit B and incorporated herein by this reference.
Consultant's performance of the Master Contract obligations shall
be for the benefit of both CalTrans and the City. with respect
to any inconsistencies between this Agreement and the Master
Contract; (a) in any issue directly between CalTrans and
Consultant the Master Contract shall govern, and (b) in any issue
directly between the City and Consultant, this Agreement shall
govern.
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Signature Page
to
Agreement between
City of Chula vista
and
Stoorza, Ziegaus and Metzger
for SmartCommunity outreach program
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated:
, 19
city of Chula vista
by:
Shirley Horton, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
~
Attorney
By.
ail Stoorza-
Chief Executi
and Metzger
Dated:
Exhibit List to Agreement
(XX) Exhibit A.
(XX) Exhibit B:
$-;2 r
Exhibit A
to
Agreement between
City of Chula vista
and
Stoorza, Ziegaus and Metzger
1. Effective Date of Agreement: November 21, 1995
2. City-Related Entity:
(X) city of Chula Vista, a municipal chartered corporation of
the state of California
.
( Redevelopment Agency of the City of Chula Vista, a
political subdivision of the state of California
() Industrial Development Authority of the City of Chula
Vista, a
( )
other:
[insert business form]
,
a
("City")
3. Place of Business for City:
City of Chula vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
stoorza, Ziegaus and Metzger
225 Broadway, suite 1600
San Diego, CA 92101
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(XX) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
225 Broadway, suite 1600
San Diego, California 92101
Voice Phone (619) 236-1332
Fax Phone (619) 236-0683
7. General Duties:
In accordance with Contract Number 525975-8501 CMJ between the
City of Chula vista and San Diego state University, consultant
,-
8'/;;'~
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..;
will design, organize, and conduct a community outreach
program for the SmartCommunity project. Consultant
acknowledges receipt and full knowledge of such contract.
8. Scope of Work and Schedule:
A. Detailed scope of Work:
Staffing:
The City has contracted with the consultant based on the
special skills of the individuals proposed by the
consultant to be on the consultant's project team. Given
the personal nature of the tasks to be performed, the
consultant's team members will be limited to the
following:
Steve Alexander - Community Outreach Project Coordinator
Debra Keel - Research Coordinator
Andrea de la Fuente - Public Affairs Account Coordinator
Michael Sherwood - Technology Advisor
Any changes to the consultant's proj ect team must be
approved in advance in writing by the City of Chula vista
with such approval to be given or denied in the City's
sole discretion. At least one bilingual representative
from the consultant's project team must be in attendance
at each of the community outreach sessions unless the
ci ty approves otherwise in advance. The consultant' s
project team will accomplish the following tasks:
Task 1 - Project start-up
Working with the project team, consultant will refine the
project schedule, confirm deliverables, determine meeting
dates and obtain all necessary documents and background
material. This task will begin at a meeting which will
be held on November 29, 1995.
Task 2 - Familiarization
Consultant and project team will familiarize themselves
with the studies which have been done and provided to
them by the SmartCommunity project team. In addition,
Consultant will meet with the project team for a short
presentation of "smart" facilities in Chula vista such as
Juarez - Lincoln & Clearview elementary schools, South
Chula vista library and the telecenters.
Consultant will identify audiences and methods of
reaching these audiences in order to obtain a broad
public input and to gain insight into existing awareness
and perceptions for incorporation into the overall
vision. Discussions among the project team and
consultant concerning these project issues will begin at
the meeting to be held on November 29, 1995.
8-- d~
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Task 3 - Approach
Consultant and project team will determine the general
approach to be taken in the community outreach program,
and how to coordinate it with the other facets of the
project.
Task 4 - Creation of the outreach program
Consultant will create a community outreach program based
on the initial discussions and findings of the project
team. This program will be designed to objectively
identify all opportunities, ideas, concerns, and
constraints, and will be a means to identify the factors
affecting the acceptance of the project. During this
step, consultant will provide a basic outline of the
program with dates and timelines for completion of the
outreach.
Task 5.1 - community Workshop
Consultant will conduct a broad-based community workshop
which will be open to everyone in the city and provide
leave-behind materials for participants. This workshop
will inform the public about SmartCommunity, determine
the degree of interest in such a program and ascertain
the problems which may accompany implementation of the
program. Community members will be invited through a
number of means, including utility bill stuffers,
postings at city Hall, city libraries, community kiosks,
and any other location that is likely to reach a
significant and diverse portion of the community. This
workshop will include as many community representatives
from every facet of the Chula vista community as
possible.
Task 5.2 - Key Leader/opinion Maker Workshop
Consultant will conduct a community workshop focusing on
attracting the participation and support of key civic
leaders and organizations such as the Chamber of
Commerce, South county Economic Development corporation,
educational organizations, social organizations and
others that may be involved in the development process.
Identified representatives of special interest groups and
key community leaders, such as school or library,
tourism, as well as business leaders and city department
officials, who are potential benefactors of the
Smartcommunity project, will be encouraged to participate
in this workshop with the purpose of publicizing
Smartcommunity and encouraging support from members of
key community groups.
Task 5.3 - City Council Workshop
Consultant will conduct a workshop for the City Council
to allow them to share their ideas, desires, and concerns
for the Smartcommunity project. This will encourage our
elected officials be become actively involved in the
fJ>~?
L 1......-
"
I,
,
planning procedure by sharing their ideas early in the
process.
Task 5.4 - Workshop summary
Consultant will provide a summary report of the ideas,
desires, and concerns expressed at all of the workshops
conducted in tasks 5.1, 5.2, and 5.3.
Task 6 - Discussion Groups
Consultant will conduct a series of two or three
discussion group meetings as an adjunct to the community
workshops. The participants in the discussion groups
will include individuals identified throughout the
community workshops. These discussion groups will focus
on enhancing information collected during the
familiarization process and the first series of community
workshops or filling gaps where insufficient information
was collected, as well as for testing the project team's
notions about the project and ensuring that the ultimate
outcome of the plan is indeed community-based and
community driven. Consultant will provide a summary
report of the ideas, desires, and concerns expressed at
all of the discussion group meetings.
Task 7 - Community outreach Through organizations and Agencies
In order to more fully disseminate information regarding
SmartCommunity and collect additional input, numerous
civic, educational, social, and governmental groups and
agencies will be targeted in the outreach process. These
groups, having been identified by the project team, will
encompass as many cultural, activist, ethnic, youth,
business, educational, social, computer literate and non-
literate and non' 'literate, military , disabled, media,
non-English-speaking, and other groups and agencies as
possible.
Consultant will conduct an outreach through means such as
community group newsletters, press releases, public
service announcements, press releases, media advisories,
parent-teacher organizations and others targeting the
specific groups identified by the project team.
Consultant will also help identify methods to gather
feedback from this form of outreach.
Task 7.1 - Summary Report
Consultant will provide a report summarizing all of the
ideas, desires, and concerns expressed at all of the
discussion group meetings and community workshops as well
as what is learned through task 7.
Task 8.1 - smartCommunity Community Plan for the Guidebook
Consultant will summarize the outreach process, what was
learned, what worked, what did not work, and other
relevant data as input to the Guidebook as required by
8'~...2.8"
*6
the SmartCommunity contract.
Task 8.2 - SmartCommunity Community Plan
Consultant and project team, based on the workshop
sessions, discussion groups, assessments and feasibility
studies will refine the ideas into a community responsive
plan. This plan will identify and recommend the services
and products desired by the citizenry and those for which
they are willing to pay.
Task 9 - City Council Presentation
Consultant and City staff will prepare and present to the
City Council a summary of the outreach program results
and possible plan of implementation.
Task 10 - Follow-up Community Workshop
Consultant will conduct a follow-up community workshop to
provide closure to the outreach process. This workshop
will include community members who participated in
earlier workshops, key community leaders and other
interested parties as identified by the project team.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: Basic outline of the outreach
program, dates for workshops, and
time lines for completion of the
workshops. - Thirty days. after the
signing of the contract.
Deliverable No.2: written summary of Community
Workshops - Ten days after tasks 5.1
- 5.3 are completed (within 80 days
after signing of the contract).
Deliverable No.3: written summary of Discussion Groups
- Ten days after task 6 is completed
(within 110 days after the signing
of the contract).
Deliverable No.4: written summary of all outreach -
120 days after signing of the
contract.
Deliverable No.5: written SmartCommunity Plan for the
Guidebook - 130 days after signing
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,
of the contract.
Deliverable No.6: written SmartCommunity Plan for the
City - 160 days after the signing of
the contract.
Deliverable No.7: City Council Presentation - 180 days
after the signing of the contract.
D. Date for completion of all Consultant services:
May 31, 1996
9. Insurance Requirements:
( )
(X)
(X)
( )
( )
statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000.
Commercial General Liability Insurance: $1,000,000.
Errors and Omissions insurance: None Required (included
in Commercial General Liability coverage).
Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
None
11. compensation:
A. (X) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant
as herein required, city shall pay a single fixed fee in the
amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount: $26.500, payable as follows:
Creation of the outreach Plan
(deliverable #1)
Completion of Summary Report for
Community Workshops
(deliverable #2)
completion of summary Report for
Discussion Groups
(deliverable #3)
Completion of all Summary Report
All Outreach
(deliverable #4)
Completion of Plan for Guidebook
(deliverable #5)
Amount or Percent of Fixed Fee
20%
20%
20%
for 15%
5%
Milestone or Event or Deliverable
3- ;S L)
:D
Completion of Plan for the City 5%
(deliverable #6)
completion of city council Presentation 5%
(deliverable #7)
completion of the project (City's
retention per section 19) 10%
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, City
shall pay the fixed fee associated with each phase of Services, in
the amounts and at the times or milestones or Deliverables set
forth . Consultant shall not commence Services under any Phase, and
shall not be entitled to the compensation for a Phase, unless City
shall have issued a notice to proceed to Consultant as to said
Phase.
Phase
Fee for Said Phase
3.
$
$
$
1.
2.
C.
( ) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive hours
of time spent by Consultant in the performance of said Services, at
the rates or amounts set forth in the Rate Schedule hereinbelow
according to the following terms and conditions:
(1) () Not-to-Exceed Limitation on Time and Materials
Arrangement
Notwithstanding the expenditure by Consultant of
time and materials in excess of said Maximum Compensation
amount, Consultant agrees that Consultant will perform
all of the Defined Services herein required of Consultant
for $ including all Materials, and other
"reimbursables" ("Maximum compensation").
(2) ( ) Limitation without Further Authorization on
Time and Materials Arrangement
At such time as Consultant shall have incurred time
and materials equal to ("Authorization
Limit"), Consultant shall not be entitled to any addi-
tional compensation without further authorization issued
in writing and approved by the City. Nothing herein
shall preclude Consultant from providing additional
Services at Consul ta>.t' s own cost and expense.
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Rate Schedule
Category of Employee
of Consultant
Name
Hourly
Rate
Professional Services
$100.00
) Hourly rates may increase
rendered after [month], 19
services is caused by city.
12. Materials Reimbursement Arrangement
(
by 6% for services
, if delay in providing
For the cost of out of pocket expenses incurred by Consultant
in the performance of services herein required, City shall pay
Consultant at the rates or amounts set forth below:
( None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $
(X) Copies, not to exceed $70:
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
(X) Long Distance Telephone Charges,
not to exceed $100.
(X) Other Actual Identifiable Direct Costs:
Faxing , not to exceed $100:
Messenger____, not to exceed $30:
13. Contract Administrators:
. 16/copy
variable
$l/page
$15 each
city:
Louie Vignapiano, Director of Management & Information
Services
Consultant:
Steve Alexander, community Relations Specialist
14. Liquidated Damages Rate:
( ) $ per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
(XX) Not Applicable. Not an FPPC Filer.
8" <J.2
( ) FPPC Filer
( Category No.1. Investments and sources of income.
( Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real
property and sources of income subject to the
regulatory, permit or licensing authority of the
department.
(
) Category No.
and sources
development,
sale of real
4. Investments in business entities
of income which engage in land
construction or the acquisition or
property.
( Category No.5. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the city of
Chula vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or
equipment.
( ) Category No.6. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the designated
employee's department to provide services,
supplies, materials, ~achinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property
within 2 radial miles of Project Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
None - See section 8A of Exhibit A
18. Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
( ) Monthly
( ) Quarterly
(XX) Other: completion of milestones in section 11.A
g- ';! ;J
-'."..J
B.
Day
(
(
(
(
of the Period for submission
) First of the Month
) 15th Day of each Month
) End of the Month
) Other:
of Consultant's Billing:
C. city's Account Number: 100-0213-05201
19. Security for Performance
( ) Performance Bond, $
( ) Letter of credit, $
( ) Other Security:
Type:
Amount: $
(XX) Retention. If this space is checked, then
notwithstanding other prov~s~ons to the contrary
requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their
option, either the following "Retention Percentage" or
"Retention Amount" until the City determines that the
Retention Release Event, listed below, has occurred:
(XX) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
(XX) Completion of All Consultant Services
( ) Other:
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STANDARD AGREEMENT - ATTClIlNEV'-'
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in the s,ata d Cldl'cmla, by and be\WeeI'I SlaIe 01 CllIiIcrria. \IWtI.91lfs cUr IHWId or ~...
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san Il8go Slate University FoundatIOn ......... ....... 0..4 ;"
\....f'COClClH: lWh-... -"-Iar.din_64l..4Icncfhar __M. _.&.... ..._.... _~... _ of.......I-Ai14L...-.... ...... n'....
tlPWlDlIrit/IlD......... l1li..,*,_" _ (&It bfJ.-.i:II/o Il81111dind ",~"..A.. IIIrut tI Il8 p;Id ...~. _Ar
...ltlo.._.c>> f1I...,~. tnllit-" IfITtS tnI_ 4l.....1l , ~J
AIticI-. I - SIa.... _.. of work
A The Ccnractor will CClI'Idud pIarring and techi1lall slides I..,. r"., to est8br1Sh the "CM..mIlI Smart
CcImuIItIM Project' wtwIrllby Ca&fcmia', c:ltIeI and ~ can ac/st CWIallln it. dlMII~phlll'll of
mobiily Uwugh \he electronic hig1way 81ternc11iw1 (Seo Exhibits A 1RI B). ExhIbit A dcwlItA61he worl< to
be COI1'llIeled and the time frame under which it i, to be I.IldertakIll1. ExhibitS cartaln81he ~cjed budget
BoIh Exhibits A and B are hereby b .corpaated by reference.
B. The 0:JnIr;Idcr will provide callr8ns' 0IIIce d Transportallcn De... d MIl ~.,., It wlIh wr\tlen
~ and Idordled prcdI ri.. .......cing to Exhitit A. The reports sh8II dlIm1b8lhe Wllllc ~
~ reporting periods. the project fu'lda eocpIl ~ lftl the peRlIl ag.. fA wark I...th..,. In Clddition,
Ihe Conlrador shall provide CaltrlinS wlh (1M) repnxkJc:lble cople8 of \he IInIII prqect report by net Isler then
May 1, 1997. 11,. reports and dala ,hall be In . format CXJI'11)8t1b1e with CalInn' EDP eqUpment.
n.~.. m the __.. /JonIdCQll//M.."., dllA ......_L
In ~m.ct. IIA -.I_._t,., been.-rAw by II.".... hwIlD, ~... *' ",,-.ldln
ATE OF CAUFORNA CONT'I'tACTOR
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STANDARD AGREENENT
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2.
3.
4.
5-
6.
7.
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The Conlradcr lI!JllelIlo incIerralfy, de(end rod ...... tllmle88 lhe SIllte, b c/IIa!rs, egenls.lWld
~ from fInJ ard ill d8iIna Illd IOIIllS aaNng or ~ kl Fnf ill oaUA;Us.
~ .,lla .'IlI' Iaba'tn Illd fn/ chr I*IClI\ lim at CCIJlCIIiIon ~ or
~ work IllAIces. rr8Ierials or ~ n ""'....:lk..,. lhe pe. ,-".", d... "'" .....t.
rod tan fIlff lII1d.. dllins 8'1CI1ose8II8Cl:IUng or"'ng to 8nJ person. linn or ...."",aIIa. Wlo
rrrtII be Irped dI..""lI"'I bJ lhlI 0.. Ill...... In the pe. ~"...... 01 ttU cxrfI8cL
The C<lnInIdu. iIld tlwllglll'U nl.. '*').. d Coo 41.Qlo, In lhe peIb ,.. ICe d blllJllel1lel t,
IhaII ad In an ~.dInl capICfty =nl not as alien at eol..qee5 at agenI9 d SlalIe 01 Q6,I...
The SIale may tenTinale Itis ~...o. nl be reIieYed dlhe P8'J'I'l'lllI'l d Inf lXlI..io.:Ib.6.,1a
ea...Juo shcUd Ccmada Mia perfcm. tIw CXMlNI1lI henin 0DntIIned lit the time nlln lhe
/I B1.B herein prcMded. In the 8IIel'Il 01 such ""I',," .&lb. the SlaIe rr&f pllX'llllld IMIh the wcrtc In 8nJ
II III .. dtoeo ,oed pllpllI' bJ the Stale. The CCIIt \0 the Slate ahIill be dedi dIIld fnm Inf lUll cUt tle
CcnnIdcr II'lCW tIU ao.... ,..... ~ tB b81anc8. if Inf. IhIII be peId the 0ri'1dicr upan din IIIlld.
WIDi the IMIlIen ca--.t db SIIIit, He IV-,.t Is rd II ....... by a.. ......... .....In
W'lCIe n J&l
Tine is 01 the.~ !rce In tNa lI9Mmelt.
tb a11er.l11on or varlalIcn d blenr6 d lIis oa..u shill be valid uiess II'Ilde In Yoriq lrd eVoed
by the par1Ies hIlrelD, lrd nocnl \lodel.t.lldng or ag.....,...ll not iUJIpulaled herein, .. be
bi"dng on any of Ihe parties hereto.
The ansIderadon to be paid Corirac:t, as prc:Mded hIlRlIn. shall be In carpensalicn fer all d
Coo '.........5 expenses h1mlcIln the perfonna.1CI8 hncI'. Inckdng IraYclI and per clem, wWes
olI1erMse ............:l.I)' so puvIded.
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IIItde II . Ccnnlc:t PMcd
1Hs 00I11rad shall begin on .b19 30. 1995. 0016 lIP t ~ 8IlIlRlWI bw' the Sla6e. lW1d 8lq:lIre on .k.ne 30.
1997. lI1IeslIllldended by supplemenIaI iI\IIl!eIllelol
Ar1Id8I11- Cu6..ctM.6Ml.lkln
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A The CClIdraGt Manager for CaIIrans Ia MdIIEIl Ue I_~ (916) 653-1991.
B. The Prtnr:IP8llnvestlgalOl" for &1n Dego Slate U1iversIlV FOII'lCIIlIon Is JaIn E'Qer,
ElcBcuIIve Director. International Celter for Camu1Ic::aUona. (819) 59~ 6933.
ArtIcI8 IV - AlkMatlle Costs and Paymlllls
A. Upon CXlI11lIeUon of the foregoing i1 a sa8sfactory malli'1er. Calh.ll& agreu to pay the s.n Dego
SIaIe UniIIersily Foundalioo an amount equal 10 the latler's CXlISt cI peffiA II....... based on a.aI
allowable costs. hereunder. ~ed in ~nce with SectIon 8752 and 8752. 1 d the SIaIe
Pdnlnislralille Manual.
B. TrarlsporUIlion and 1UbsIt*1c:e COIls IhBII not ~ ,.... .......k.d " be pIlId St8I8
employ... lnler cumant St:at8 Ol.t- II,.. A d Pel 101 I III Adr'nnMl.6..., ruklI.
C. Progress payments 'Nill be made moI1hJy in erreers besed on IelVlc:es IlI'OVIded .-.d IduBI costs
inctJ/1'l!d. The state 'Nill withheld 10% c/ ead1 p1og1e..8 ~ The retenIIon llI1'1OlI'tl will be
paid to the Contraclor af1er the Slate has evaluated the c..,lIl.d..<a pel'fon,llIIlOe and nBte a
detem'inaUon Ulat all COIir.1d rGqulrements 11:lYe boon aQsractorUy ruftllGd.
D. The eu.......lO/' shall not oor11hlellOe perfomlel108 ofwcrk or MMc:ea tI1lIIlh/s .......act l'88 been
eppl'CWd by the State. No payment \lA11 be made prior" IPJlI'OY8I nor for -.; work ..-~".ed
prior to ~ d ttis ccrUact.
E . The ConIraclor wI1I be relmb\necI as III Ollipl)' as IscaI procedures wID pllId ~ I1!ICllipt I7f
\he CorinK:t MiNger d iten1zed invoiClll8 in tripIic:ele. InYalces ahaIJ refeI,lIlCG ttia ...A41....t
runber and project line IInd shill be sutmlled 10:
[)epIII II ,...11 d TrenspartslIon
0IIl0e dTransportallon Oeljloold Ml._.ert
AItn: Michael S811hlal'l
P.O. Box 942874 MS-36
Sacramllnto. CA94274-0001
F. The totaIlU'I1CXI'It psyabIe by the SlIIle sh8D net eJ<<:eed $4SO,ooo.oo.
AItde v. Ptll-blhl ., , ". . .'. .. .
A The co... acl\.., shall not cq7JI'Igli the report ~ by ttn ~..IL
B. The report required by lhis ag..........A IhIIII becoI'. the prope.ty dthe Sale. 8I1d lIIl ptilc8llcn
~ are ~ to the SIsle.
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1'94<118
C. The tilIe pages d the nlPlrt stIIII bear ~ ~"I"We lnIaIpGon acIcr1owI~ U the lICU'll8II d
fundS used to produce the nsport.
D. The repat shall contain the foIkN11ng dsclaimer in a separate sec:Iion precedlll9 the I1llIIn body
of the docunent:
"The CQI1Ients of this report reIIect the views d the aulhar who Is respcll'lStie for the fa::D 81d
~ at the data presented IBei1. The artenls do not .........."artv reftect the CIftIc:I;I \Aaw&
CII poIIctes at the Slate of QIIJl'c)nD Of the FedenII HltwaY AdIrinI&trrallon. ThiI napart dces net
COIlStil\J8 a 5landard, ~~ Of reguIstia'l."
.MIele VI - T4III1btlon
. The Ot:.,..ll,...nt of TraI........ b6..n ""JeS hi rilj1l to tenrinate tis agnMll,. { upon u.ty (30) days
WIfl1eI. I'ICX/ce to the eo. III dCtuo.
ArtIcle VII . F\nIng ReqIMmInIs
A Ills mJtuaIIy understood bellrteen the parties that It'is ocnrac:t msy ~ been wriIen before
ascertaining the availability of congressional Of Iegi8IatIYe .,..,... o..riallon d fuolds, for the rrUuaI
benefit of both parties in ader to lMlId poo.-., and IiscaI delays that would 0CCl.I' "the \oU....t
were exea lled after that defemination WIll made..
B. This COIIll act is valid and I!IIo. .....ua only If stIlIcIent funds are made available to the Slate by
the Uited states GoIemrneri Of 1Iw ClIllfoma Slate L.egicl.... for the ~. of tHe progrllITI.
In "tHI1tYl. lhIs <XJr1lJ'act is su~ to any adcItional restrk:tlona, IlmitaIions, ccndliona, Of 8l'f
statute enacted by the Congr_ CII the State legislature that msy affect the prcMsIons, terms Of
fundng of ttis CXll"Ilract i1 f1l'#i rmnner.
C. It Is lTlIIuaIly agreed that If the ~ress a the St;de LeglsIalure does not &Ull.....1lie sulllcIent
furm fer the program, this ariract shaJ1 be amended to relied arv-J reduction in fu1ds.
D. The Slate has the oplIon to veld the CClI'ttact under the 3Cktay ClII'lCII/latIon clause or to amend
the ..0141 act to r8II8d ~ reWctlon of funds.
Artcle vm "Changa n T.....,....1eI4...
ThIa CiOoIll..t may be .."".dad or mllItIed anly by nUu8llM'ibn agiI..:........ d the ~
ArtIcle IX. Cc8t Pl. 4.4t..
A The Contrac:tor 8lJOeI to CXlI'I1lIY with Federal proc:edlns In ClUoM dallCe with 0fIce of
Management and Budget CraW MIl, Cost PrIncIples fer Slate and Local ~s.
B. The Conlracla also ag. aes to COI1lJIy wIIh Federal procedures in accordance oMIh 49 CFR, Part
.18. I.k1Iform Admlnlstrllll\l8 ~ for GnIrU and Coopaldti..re AgreernelU to Slate encI
LDCaI GcMlrnn1enbL
C. The Contractor also 1QI..<l.s to c:anW wiIh FedenII procedIRs In lICCCI'dance wilh 0IIK;e of
Msnagemenl and Budget OrcUar A-11O, Uniform Adrr1InIslraINe RequIremenls for Gnris lnI
/l{JleelllefllS with Instilullons of ~ ~ IClIIiIon, HcspIIaIs and other No..... DIU 0rgBnizatI0ns.
AddtonaDy, the ConIrador agrlll to COI1llIY with 0M3 aralar A-122, Co8t Prli1dples for
Nonprofit Organiz8tions for the JlUllOI8 at ab..u... ading.
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Poge hI II
.
D. The o..lb..cIor also agrees 10 c:crI1lIY 'M1h Federal prooecb'es in """"""da 100 with 0lIlce of
Management and Budget CiraJIar A-21, Cost Principles fa' MiI_..... lnsIltuIIons. whId1
est:abfishes principles for delemining costs applfc:able to grants. c:cruacts, and alter ag, e..r .leI1lS
wilh educational inslJ1u\lons.
E. fin! oosIs for which payment has been made to Conlrador that are determined tJf subsequent
audillo be l6I8llc7Nable lrlder OlIice fA Management and Budget OrcWJr ~ are 9lJbjac.t to
repaymenl tJf Cortractor to Stale.
AItIcIe X - Ra6anlon of Re~dlt'~
For the pu'pClSe of delenrining 00I1lpllancewilh PublIcCuolb....t Code GedIon 10115, el ~ IrId
11Ue 21, California Code cA Reguations, Olapter 21. Section 2500 et. Illq., when ~ ond
other mailers connected with the petformcmc:e of the OOIlbact puraUlri to GOWmlllllllt Code Section
10532. the Conlraclor. subconlractors and the SIale shall malrUin aD books. documents. papers,
QC:COU'lting records. and other 6'Jidence perIaInIng to the perfomlallCe of the c:cntract. ~ but
not lirriled 10. \hQ costs: of ~nls:tering the CClI1r.Id. All parties shall make'such matllrillls :MIiII:IbIe
at their raspec1lve omC88 al all reasonable timllS cluing the conIrlld pericd Qnd for lhree ye;n fIom
\he dele fA rNl payment under the contract. The SI8Ie Auditor, FI-M/A, or Grtf duly CIlUtt....t-d
representallve or the Federlll govemmeri shall h8va lICCeSS 10 8nJ books, feOOIdI, and <loa.merU fA
the Contractor \hat are pertinent to U18 conlract for adts, exarrinations. excerpts, and ~,
anq ccpies thereof shall be furrished If requesled.(Ga\...lo..enl Code Section 10532)
ArlIde)(l - DIspltea
A ktt dispute concemIng a question or fact arising wider this ~lbod that It not <b! o(lS& I cI by
agreement shaI1 be dadded by the DEof"'l bll,da Canlract OlIIcer, who may conIIder any written
or verbal evidence subnilted by the Colirac:tor. 'The decision or the Contract Olf'IoeI', issued in
wrIUng. shall be conclusive and blnclng on both parties to the oontract on al questions of fact
considered and determined by \he Conln:Icl Offteer.
S. NeIIhor the pendency or a dispute nor Its c:onsIdenItIcn by the eulbQCt Officer will ~..Ihe
c:ommctor from full and Ume/y performance In acccnfallce'lAlh lhe terma of the .....ltl...L
AItde XlI . SI ~ . . . dl.cIng
A. l11e Contrac:Ior shall perfam the 'MX1c ca41!hitAaled with NIOI.Il:8I.. n ,l:1I. wllHn II own
orgonIzatlon lInd no portion ar the work shall be sub...... bllCted wilhoul written MdhorlzIIIicln by
the Slate'. COnlract I\,1QnQgCIr, exClpt ~ which It 0lCp'_1y Id<<dltlCld In the CcnInIdor"a
oostlbid proposal, or indenlilied on the OOE or fvI:lENIA3EJDVBE plII'tIc:lpCItl goella ;wi
veri6c:aUon Form ADM rraT.
B. ktt subccnlrad In excess of $25.000, entered Into as 8 resuII c:l!tis LAJllIl QCt, IIhIIII ccrtah aI
thlI ~ons sIIpuIated In tHs .AI 41 act to be IIppIlClble to SlAb...".1Il..c\.. ...
C. ktt substil\Alcn of subOOl4la..tors nut be apprO\I8d In 'MilIrv by the Slate's eu.&....t MInger
In adIIIInce of assignirll work to . substitute M...... -.h..,
ArtIde X1R - NallonBl Labor ReIalklns a.d c.......tan
In ......ordance with Public Cahd Code SeclIon 10296. IhB eo. .b....L hereby stales t.ntIr penaly
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Conlml;t. ., 51X717 R1
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of perjuy that no mere than ono f1nel unappelllable tnlIrQ 01 conlefAll 01 cout by a r__a1 cout
has been issued against !he Contractor wilhIn the L,. ...,dately peceding two-year period becal19& of
the CoIltr.1Gtor's failure to caT4lIY v.flh., order of a Federal aut that orders the Coocb.u... to
CXlIl1IIv with an order d the NatimaI Labor ReIaIIms Boa'd.
ArtcIe XIV. Evlllulfon cI Canc:lDr
The n.. ib-.h.."s "'" L ,...nee. as nKJired bv tis Cl.1 tb-.t. will be 8\laluated, and If negaINe ~I
.-& made, will be reported to the Dq.-h'll:l i d GlIrw8I s.vicelIl8gIII 0lIice.
ArtcIt YN. S........ dc........a
The Conrador's slgnatLre alIixed hereon and dated ahaII oonslilule a certIfIcalIon tnJer the penally
d perjlry under the laws d the Slate 01 Caflfomia that the Conlrac:tor has, lIlIeas exe..iPed.
eompIled with the ~ prcgl'8ln reqlftmerO of GcHenvnent C4de <;-ton 12990 r.d
TIII8 2, Califcmia Code of RIoAaIIOI'I$, SectIon 8103,
ArIcIlt XVI . redM.. ~ AcUlM Cerllc:allcn
A The Ccnr8ctor c:erMes. to the beat cAlls or her kMUh. am belief, thai:
t-b Slate or Federal appropriated funds haY8 been paid or will be paid, by or on behalf d the
conIraclor, to any person fer inlluencing or aIten1lting to inlIuence an olficer or employee d artI
Slate or Federal agency, a Member oIlhe Stetelegislall.l'e or UnIted Stales Congress, an
oflIc:er or employee d the legis1a1u'8 or Ccngress. or any employee d a Merriler d the
l..egisIature or Congress in cxxmecticn IMth the awarding 01 any state or FedenIllXlnlract, the
making 01 any Slate or FedeIaI grar1, !he making 01 any State or F8dersllo8n, the 8I'Ilertrlllnto
of any ~ alive agreemert, and the llXlenlIion, conIInuatIon, 1'l!lI'I8WaI. Qm8IIllrrl8n, or
m.xllflcallon of anv State or Federal oomact, grant, Io;n, orcooperllM agI8M'l8I'l.
B. If any funds other than Fec1er8 appIopriated funds have been paid or wiD be paid to any person
for Inftuendng or altlln1lllng to InIuence an olIic:er or employee of In! Federal eger'CJ'. 8
Meniler of CaIgress. en oflIoar or erllIlIovee d Congress, or en emp/CllJM of . Member of
Ccrvess In COl.llldia I with this Feder&! oordrlIct. grwt loan. or CXXlpl!rIIlIve lIlJeen Il!It, the
Q", Ib-.too shall .....illAU and subnIt SIrandlIId Form-UJ.., ~[]cc1C8U'. Form to Report lJ:lIltr:iI~..
In .........-dance with Is InstruclIons.
C. ThIs certI1Icalion Is a material represerUdon of fact upon which reliance we. placed when Ihls
transac:lIon was made or entered InIo. Subrrission d this oartification is a prerequisite for
maI<Ing or IrUring Irto this tnnadlon irI1lOSed by Section 1352, Title 31, U. S. Code. Ani
person who fails to ftIe the reqUred c:eItIfIcaIion lIhaII be '" ~ to a civil penefty of not less than
$10,000 rod not I'I'D'8ItB'1 $100.000 tor each such fak.n.
D. The Comactor also ~rees bv slgring this document that he or she shal requll'llllhst the
IaVJage c1'thIs certIlIcaIIon be Included., QlI klwer.... subconlr8cts, which ell~ud $100,000.
and that &II such subredplenlS IhaII aIrtIfy and clhlcloIe llCCOI'dIt'Qly.
MI$ XVII - F.... To ...,
ShotJd Cilles or Counties fall to pti#J monies clJe lie State w11Hn 30 dey. d del. l1li III or wlIhh IUCh
OCher period as may be agreed bet:.... the par1Ies herdo. Sate. 8dIng through !he Slate onroIl!1.
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may wilttlold en equal amount from fuhI'e ~ liJe Cilies IX" Ccu'IIies fran lha I-IcIhMrt
Users Tax Fund.
ArtIcle XVIII - CnJg Free WorIq:Ac:e Celllrulal
By signing this 00111. act. the oontrac:toi hereby ceI1lfies Infer ....ty Ii perjury I.I'lder lha IIMs of the
SlBte of Cslifomla lhet the oontraetcr will COI'I1lIY with the RIqUiI a... a 0I1te Orug-F.... V\brtlpIsce
N;t of 1990 (Ga.temmenl Code SedIa18350 el seq.) and wid proyIde II dNg-free worIq:.8;e by doiIlI
all d the 1oIklwing; .
A. PublIsh a statement noIIfyIng ~ that ~ nwU"aclUre. cIIItrIbUIon, ~lIItior,
possession. cY USQ of a conlrollCld subclln:e Is prohibil8d and ~ng CICIIone to be taken
against l!/11lIoyees fa vioIalions, as reqLir8d by Ga..:". ...en! Code Sedlon 8355(8).
B. Establish a O"ug-Free Mal eneS9 Program 81 reqWed by ~ Code Seclon 8355(b). to
Inform 8I1"llIoyees alxxj all of the fcIlaMng:
(1) the dangers of drug abuse in the workplace,
(2) the persorts or ~on'. polley of malnlai~ a cIrug-frae warIq:lIace.
.
(3) any 8VlI1'Jab1e counseling, rehabilitation n eh~ JlI'.b,"CllI....:v..D, and
(4) penalties that may be In IPOSed l.flOI1 el1lllCl'J88S for dnIg abuse vioIaUons.
C. ProII!de as reqlired by Govemment Code SectIon 8355(e) !hat t!Nety ~ who work8 on
tho propo$ed eontrl3d or gl'2lI:
(1) will receive II COf1'I of the ...:lI.Ii)aa1Y's drug-free pcIIcy alatehlsllt. and
(2) will agree to abide by the terms ollhe CXllT'4lIII'Is slatelllc.ll as a CXlIlCiIIon c:l ~
on the contrad or grant
Failure to COl11llY with these reqtJirenw1ls may nIIUIt In SUII*1IIcn Ii paymel Ita Inler .. ...... ......t
or ten. dilation of the ~raet or bclth and the oontrac:V may be 1neI1gI'bIe fer ......-d of IIfI Uure
stale oonIracIs If the Depertmenl delemines that an}. 01 the foIowing '- 0CCUTed: (1) the
c:ontractor has made a raise certification a, (2) vIcIaIBs the ~ by failing to c:any aut the
reqUremenls as noted abow.
\
ArtIcle XIX - CorIIr.ada'a PrIorI\' I4Mg C4...olId&.a.lIol.
The Corhc:ta shed rJve priority consIcIereIIon in fill~ vaca des In J'UdlIk..IS irdI!d by this ...... 6-.1
to qualllled rec;iplenls of aid under Chapl&r 2 oa........Jng v.ith SedIon 11200 of the VIA!lIfln .m
Institutions Code. In accordance with ArIIdQ 3.9 CXll'nTlInCIng YAIh SedIon 11349 of.. WIIIfilre and
Inslitutions Code.
Mde)o(. A&dt RnilrNPI. ~
A. Nrf dispute OOlllAmlrJf . qu e .1on of f8ct III1sIng under ... InIerlm or ~ ad of.... ..... ..-.1
thlIt Is not dIspOSed of bY ...,.....,18It 8hIIII be .......Ald by" a.ftpel8Ol. of the hdl f1IMIwl
Q:lrm1tlee (ARC). The ARC will consI8toftJe .'Ul"blt Di"edor. AucIIs & Secuity .
(Chairperson): Deputy D1rec:lor ci the ftn::lIonaI Pl"".aI'Il area; the ChIef Counsel, IAgaI DMsion,
......-.....--.......a_..
8-7/
NUV-~~~~~ nun LUi~~ "" ~~~
.
Clao-=s ...... 51X7'\7 R1
f'Ige 8 aU
or lheir designated aftemIIt..: ani It tha Depertment choc; SM, two repl uenlallves cl the
ec.-1I..erls ~ from pivate Industry. The \'M) rep"eseri8Iives from private IndusIIy wi!
be IIlMsory In nsIlr'e fri.J end wiD nat t.Ye wIIng rIghIa. AddIUonaI members or thei" IItemaIes
rr8'f serve on the Ne.
B. Not laIl!Ir tl1ll'l thirty (30) daYs alter Jssuanoe cl the final al.dt repolt. the eo. .tl...ta may request
. nMelI by the ~ d unresoIIIed atdt Issues. 1he *f- for nM_wtn be IUbrritted in
1MitIng to the 0Iak pelscn cl the AA.C. n. I1IqU8St III.IIt co..... deIIiled infcm lIItIol, 01 !he
faders involved in the depl bI as \WII as jusUlIc8Iions for reversal. A meeting ~ !he ARC 1lo1II b8
schedo Will the ChairpeIson c:onan tIliIll\l1her AMeN is wamIIlted. Aller !he nweIIng, the
NC wiD lI'IiIM reoo.... lel.dallo. 1$ 10 the Oief 0IIpUy D1reclor. The 01ef ~ Drector will
II'IIIke the lhlI decision for the DBpem.n. The lInIlI dec:islcn oMJ be nlIIde wiItW\ tine (3)
rraths d reoeIJt of the raiIIcaIIon d dIIp.4e.
C. NeIther the pencfej ~ cl . cisplAe nor its canslcIeralIon by CaItrans wII _... the eu.lb-.L
Ihm filii ancI timely pIIb..laIlCl&, in .........dl.a wIh the f8rmlI clitia .....Ill....a.
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COUNCIL AGENDA STATEMENT
Item
Meeting Date
9
11121195
ITEM TITLE: Resolution /8//9 Approving Submittal of a Used Oil Block Grant
Application in the Amount of $73,361 to the California Integrated
Waste Management Board for fiscal year 1996-1997.
SUBMITTED BY: Conservation C?<l~<!Jnator~\~
(9.Y (k
REVIEWED BY: City Manager K~) (4/5ths Vote: Yec No.lO
BACKGROUND: The California Used Oil Enhancement Act requires the collection of
four cents for every quart of lubricating oil sold, transferred and imported into California
from oil manufacturers. Chula Vista consumers pay four cents per quart into the fund when
they purchase oil. The Act mandates the California Integrated Waste Management Board
(CIWMB) use a portion of the funds to provide block grants to local governments for used
oil programs that encourage recycling. Block grants are distributed to applicants based on
population, approximately $0.32 per person. If the City does not apply for a grant in this
cycle, the funds that are allocated for the City will either be distributed among the applicants
in this year's competitive grant cycle or transferred to the state's general fund.
The City has received four grants funded by the Used Oil Enhancement Act for fiscal years
1994/95 and 1995/96 (totalling $555,561.00). The grants are funding used oil public
education and recycling programs which are designed to reduce or eliminate the
contamination of the local watershed caused by improper disposal of used oil. This block
grant would provide $73,361 of additional funds to allow the City to continue the primary
components of the existing programs into the 1996/97 fiscal year. The State's deadline for
fJIing the grant application is November 30, 1995.
RECOMMENDATION: Adopt the resolution, as requested by the State, approving
submittal of the $73,361 used oil block grant application.
BOARD/COMMISSIONS RECOMMENDATION: The Resource Conservation
Commission (RCC) voted unanimously to recommended that City Council approve the
application at their October 23, 1995 meeting. A copy of the minutes is attached.
DISCUSSION:
This application for a used oil block grant requests $73,361 to continue the program funded
by the previous used oil grants. The proposed program is briefly outlined in the State's new
abbreviated application (Attachment A). The previous used oil grant application, Council
Agenda Statement and corresponding program description is attached for additional
background (Attachment B). This application is a "regional application" that includes the
:1-/
paqe 2, Item
Meetinq Date
1
11/21/95
Cities of Chula Vista, Imperial Beach and National City. Imperial Beach and National City
are adopting similar resolutions that authorize Chula Vista as the designated jurisdiction.
This block grant application provides funds to continue technical assistance and provide new
supplies for the thirty (30) state certified used oil recycling centers established under the
previous grants. This grant application will also fund the state required public education
program. That public education program will allow the City to continue advertising, and
providing portable displays, point of purchase displays, poster distribution, public service
announcements, the used oil hotline and billing insert activities. No local matching funds are
required by the State and none are recommended.
Although previous grant cycles (e.g. Used Oil Opportunity Grants) have placed emphasis on
regional and school district participation in applications, this cycle is on a strictly per capita
basis. Thus, although the staff certainly intends to work with local schools as part of an
effective public education campaign, this element has not been specified in the application to
retain maximum flexibility in the expenditure of funds. Submittal of a "generic" application
does not preclude expenditures within the schools or for any other related programs not
specified at this time.
FISCAL IMPACT:
There is no additional fiscal impact as a result of the recommended action to adopt the
attached resolution. Should the grant be awarded, staff will return to the City Council for
acceptance of the grant and approval of the service agreement, fmal grant budget and
conditions. If the grant award is then approved by Council the City will receive up to
$73,366 to continue the used oil recycling program. The program does not require matching
funds. The grant does provide funds to cover any costs required by the program's
implementation.
Like most grants, this money will be provided on a reimbursement basis. This will
necessitate advance commitment of staff time and other expenditures, subject to quarterly
repayment by the State. To the extent possible, staff will schedule expenditures to minimize
City carrying costs. Appropriations corresponding to this grant revenue would be considered
following grant award and would likely be as part of the 1996-97 budget.
mtm:used oil
a:bikgnt96.doc
Attachments:
A: Grant Application
B: Prior Agenda Statements and program background
C: Minutes, Resource Conservation Commission, 10/23/95
9-.;2..
RESOLUTION NO. /8//9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUBMITTAL OF A USED OIL
BLOCK GRANT APPLICATION IN THE AMOUNT OF
$73,361 TO THE CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOARD FOR FISCAL YEAR 1996-97
WHEREAS, the people of the State of California have
enacted the California oil Recycling Enhancement Act that provides
funds to cities and counties for establishing and maintaining local
used oil collection programs that encourage recycling or
appropriate disposal of used oil; and
WHEREAS, the California Integrated Waste Management Board
has been delegated the responsibility for the administration of the
program within the state, setting up necessary procedures governing
application by cities and counties under the program; and
WHEREAS, the applicant will enter into an agreement with
the State of California for development of the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista authorizes the submittal of an application
to the California Integrated Waste Management Board for a 1996/97
Used oil Recycling Block Grant. The City Manager, of his designee,
is hereby authorized and empowered to execute in the name of the
City of Chula vista all necessary applications, contracts, payment
requests, agreements and amendments hereto for the purposes of
securing grant funds and to implement and carry out the purposes
specified in the grant application.
C:\rs\usedoil.3
Presented by
Michael Meacham, Conservation
Coordinator
9:3 Ir-~
.~"_o
Applicant: (If a regional program list participating
jurisdictions with lead agency listed first)
Address:
Chula Vista. Imoerial Beach. National Citv
276 Fourth A venue
Street
Chula Vista
City
91910
Zip
Name of Program Director:
Name of Grant Administrator:
Georae Kremol
Michael T. Meacham
Title
Conservation Coordinator
Title
Phone No.
16191 691-5122
Fax No.
(6191 585-9118
Deoutv CitY Manaaer
Phone No. (6191 691-5031
Proposed: Laidlaw Waste Systems Inc., Curbside Collection, 881 Energy Way, Chula Vista, CA 91912 (619)691-5122,
Mary Hammondl San Diego Urban Corps, Certified Centers & Pub .Ed., 1864 National Avenue, S.D. CA 92113, (619)
236-0137, Stuart Watson/l Love A Clean San Diego, Hotline& Pub.Ed., 7907 Ostrow (F), S.D. CA 92111, (619) 467-0103
Rita Spiegel.
Contractor: (If applicable)
Curbside
Certified Center
lJ
Non-Certlfied Center
Public Education
:M::.~~:.II.lllllll1lilll.ItII....
lJ
School Educalion
lJ
HaulingIRecycling
lJ
Containers
lJ
Filter Collection
lJ
HHW Events
lJ
Marina
lJ
Airport
lJ
Mobile
lJ Other (please describe)
lJ
Newsletter
Doorhan er
Special Event
'l~::lillll.IIIIII~::l:~:'
Radio
Television
Newspaper
Direct Mall
lJ
lJ
Transit 51 os
C Other (Please describe) Point of purchase displays ,street bannerlblllboards. theater slides, portable displays, Nature Center science class
and docent instruction.
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Eligibility Includes: a public education element; ANQ ellher 11 Provides used oil curbside collection lor all residents of the city Including multl-
famUy residences; or 2) Ensures that at least one certified used oil collection center Is available for every 100,000 residents not served by curbside
used 011 collection. Please provide the following for only those certified collection centers or curbside collection provider which gives you
allglblllty: Facility Name, physical address, CIWMS Identification number, or date certification application was submitted. Ust on separate page If
necessary. If dalming conditional eliglblllly, explain the steps to be taken to obtain eligibility during the grant term.
1) The Cities will continue the point of purchase display, portable display and referral line components along wllh placement of at least two
newspaper ads.
2) Attached la a copy of the 30 certified Centera that have been signed up, serviced and promoted under previous Used Oil Grant Cycles. The
centers will senilce all Chula Vista, Imperial Beach and National City residents. Chula Vista and Imperial Beach will begin their curbside used 011
collection during this cycle for all residents that receive curbside service, (approximately 70% of all residential dwelling unlla In the two cities).
Condlllonal Eligibility
Yes C
No ~
Certification:
t declare, under penatty of perjury, that alllnfonnation submlUed for the elWMa's consideration
for allocation of grant funds is true and accurate to the best of my knowledge and belief.
Date
Signature of person authorized by resolution
John D. GOSI. City Manaaer
Print name and tllle of signature authority
Attachments: Approved Resolution
Certification of Insurance
Return form to: CIWMB - Financial Assistance Branch - 8800 Cal Center Drive, Sacramento, CA 95826.
9-/
(Attachment B)
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item
Meeting Date 12/13/94
Resolution 177 5"b Approving Submittal of a Used Oil Block Grant
Application in the Amount of $73,130 to the California Integrated Waste
Management Board for fiscal year 1995-1996.
SUBI\U n ED BY: Conservation COOrdinat~
REVIEWED BY: City Manage~ TI~(4/5ths Vote: Yes_ No..x..)
BACKGROUND: The California Used Oil Enhancement Act requires the collection of four
cents for every quart of lubricating oil sold, transferred and imported into California from oil
manufacturers. Chula Vista consumers pay four cents per quart into the fund when they
purchase oil. The Act mandates the California Integrated Waste Management Board
(CIWMB) use a portion of the funds to provide block grants to local governments for used oil
programs that encourage recycling. Block grants are non-competitive and funds are distributed
to applicants based on population ($0.314 per person). If the City does not apply for a grant
in this cycle, the funds that are allocated for the ':ity will either be distributed among the
applicants in this year's competitive grant cycle or transferred to the state's g:-neral fund.
7
The City was recently awarded two grants funded by the Used Oil Enhancement Act for fiscal
year 1994/95 (Block Grant:$10I,550 and an Opportunity Grant: 270,300 totaling $371,850).
Those grants are currently funding the recruitment and support of 30 local businesses that w;U
serve as state certified, used oil recycling centers. The grants are also funding public
education partnerships with the Nature Center, Urban Corps, Chula Vista Elementary School
District and Southwestern College. The partnerships will promote used oil recycling and
provide public education designed to eliminate the contamination caused by improper disposal
of used oil. This block grant is a non-competitive grant which would allow the City to
continue the primary components of the used oil recycling program into the next fiscal year.
The State's deadline for f1ling the grant application is December 16, 1994.
RECOMMENDATION: Adopt the resolution as requested by the State.
BOARD/COMMISSIONS RECOMMENDATION: The Resource Conservation
Commission (RCC) will have an opportunity to comment on the grant application at the
meeting scheduled for December 12, 1994. A verbal report regarding the RCC's comments
can be made to Council at the December 13, 1994 meeting.
DISCUSSION:
This application for a used oil block grant requests funds to continue the program funded by
the previous used oil grants. The proposed program is outlined in the attached application
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Page 2, Item 7
Meeting date 12/13/94
(Attachment A) and has three primary elements. First, this application is a "regional
application" that includes the Cities of Chula Vista, Imperial Beach and National City. Chula
Vista is the proposed designated jurisdiction and will receive up to $73,130 in funds allocated
to the region (Imperial Beach: $8,792, National City; $17,458 and Chula Vista; $46,880) and
wi1l act on behalf of the region's participating jurisdictions, as it does with the current used oil
grants. Imperial Beach and National City are adopting similar resolutions that authorize Chula
Vista as the designated jurisdiction. The second grant element provides $45,000 to continue
the operational support of the state certified used oil recycling centers established under the
previous grants. The operational support will focus on re-stocking centers with free used oil
recycling containers and maintaining promotional activities. The fmal element provides
$28,130 that allows the City Conservation Coordinator to provide supplies, materials, media
coverage and public education to support the program.
The total grant request is $73,130. No local matching funds are required by the State and
none are recommended.
FISCAL IMPACT: There is no additional fiscal impact as a result of the recommended
action to adopt the attached resolution. Should the grant be awarded, staff wi1l return to the
City Council for acceptance of the grant and approval of the service agreement, fmal grant
budget and conditions. If the grant award is then approved by Council the City will receive up
to $73,130 to continue the used oil recycling program. The program does not require
matching funds and has been written to cover any costs required by the program's
implementation. '
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a:b1k95-96.cas
Attachment
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PROGRAM DESCRIPTION AND GOALS:
Grant Component I, Elementary School Student Public Education Program:
Watershed protection is a key concern of drought plagued Southern California and the Region in
particular. Our limited water shed is vital to the quality of life for human residents and a key link
in the habitat of thousands of indigenous and migrating species. The improper disposal of used
motor oil is the largest contributor, by volume, to the contamination and destruction of those
resources.
A number of excellent curriculum, fact sheets, exercises and lesson plans that teach these concepts
have been created by the California Integrated Waste Management Board (CIWMB), the
California Environmental Protection Agency, the California Department of Health Services and
the Regional Water Quality Control Board. Too often the excellent materials created and
distributed by these agencies and others sit idly on shelves collecting dust. Many, if not most
school districts lack the funding, the personnel andlor the expertise tp use the materials. The goal
of this component is to empower children with the knowledge and desire to be advocates for used
oil recycling and establish a buy recycled mentality in their homes. To achieve that goal this
component focuses on a cooperative effort that maximizes the use of limited funds and the use of
existing materials. This component creates a partnership that combines the funding, mission and
environmental expertise of local jurisdiction's with the local school districts teaching expertise and
facilities.
The Region will contract with local districts to fund at least one full time equivalent teacher to
implement a district(s) wide program. The Program Manager will work with federal, state and
local agencies to establish an anthology of instructional materials regarding oil disposal, recycling,
buying recycled oil and oil's relationship to watershed protection. The Program Manager will
make the materials available to the selected teachers and provide ongoing technical assistance and
orientation. The teacher(s) will focus on student research and performance art activities that allow
students to express what they have learned about the impacts of improper disposal of used oil.
Students will also learn and teach each other about where and how to recycle used oil locally as
well as the importance of buying recycled.
Region members have met with teachers, district administrators and the local private waste
collectors regarding a program format. This format was selected by school representatives as
having the best opportunity for establishing and maintaining awareness among students. The City
and the District may choose to utilize a curriculum specialist to assist in implementing the
program. Attached is a letter from the Assistant Superintendent of School for the Chula Vista
School District (CVSD).
CVSD serves ail of Chula Vista and a significant portion of the surrounding communities. The
Region serves approximately 28,000 elementary students in 52 schools. Permanent part-time and
substitute teachers in Chula Vista, Imperial Beach and National City are all hired from the same
pool of certified teachers.
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Grant Component II, Commercial Sector Public Education, Generator Specific Workshops
Chula Vista, Imperial Beach and National City (Region) have thousands of federal, state and local
facilities, private corporate fleet service facilities, manufacturing plants, automobile
repair/maintenance shops and retail stores that buy, sell and use motor oil. These agencies and
their employees can playa major role in the eduction, collection, recycling and buy recycled
components of the used oil recovery process. The goal of this component is to empower the key
employees of these agencies with the expertise to be wise consumers of motor oil. The key
employee(s) will vary based on the size and type of agency. In some cases it may be fleet service
managers, purchasing agents/buyers, environmental managers and owners/managers or clerical
staff.
The Region will contract with the business and environmental sections of Southwestern
Community College to implement a series of at least three and not more than six workshops.
Each workshop will target a specific commercial sector and promote the establishment of a
certified center, the recycling of used motor oil, the procurement and use of recycled oil and the
retail sale of recycled oil. An example of a specific commercial sector is retail automobile service
businesses. The Region and Southwestern Community College will:
Utilize business licensing, State and County permitting and standard industry code listings
to identify potential participants,
Inform key employees of the significant incentives offered through the Region's
Opportunity Grant Program, (free media advertising, community recognition, free
recycling containers and container service, customer prizes, oil recycling phone line
referrals and information, increased customer traffic, and ClWMB incentives,
Survey key employees area of interest and promote the workshop date,
Conduct a workshop that responds to the employees area of interest and empowers them
to obtain certified center status, disseminate oil recycling information to employees,
implement a used oil procurement policy and/or a used oil retail sales policy.
Participants in the workshop that certify as a CIWMB used oil recycling center will receive the
technical assistance to establish and maintain a certified center. This year's Opportunity Grant
will allow the Region to provide businesses with technical assistance from the first stages of
completing a certification application to the ongoing replacement of used oil recycling containers
and incentive fee reimbursement requests (Opportunity Grant program description; page 21-26).
Non-recycling retailers and large employers will be encouraged to participate in the Opportunity
Grant's point of purchase program to provide their respective customers and employees with a list
of certified used oil recycling center locations and an oil recycling hotline.
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The workshops will also lead to an annual used oil recognition and awards program that reinforces
corporate support for: quality of service, volume of oil recycled, participation levels and creative
program promotion. The awards will recognize the establishment of used oil recycling
opportunities and its positive impact on watershed and wildlife habitat protection.
OPERATIONAL PLAN
The Region and Southwestern Community College will first target businesses for workshops which
are likely to meet local and state requirements for used oil storage and other certification requirement.
Retailers and large employers will be the secondary and tertiary targets.
The Urban Corps representative or the project intern funded by the Opportunity Grant will be on hand
to meet the representative of the potential participating agency and assist them with the next step,
which is application for certification and/or point of purchase display/used oil recycling referral
information.
Agency representatives will be encouraged to provide the names, addresses, fax and telephone
numbers of agency procurement personnel/buyers, executives/owners and other key personnel for
implementation support, future workshops and technical assistance regarding buy recycled, the annual
awards program and other phases of the program.
Every effort will be made to reach elementary school and classroom to provide the materials. The
contract relationship between the Region and the school district(s) will assure a high probability of
success. The performance activities and in-depth research will reach as many schools as practical
during the grant period. It is expected that the City will commit a portion of future Used Oil Block
Grant funding to the continuation of the program until each school is reached.
The bargaining agreement between the district(s) and the teachers dictates the level of compensation
for a particular teacher. The program has been funded for a contract at the highest pay scale. If the
contract is established for a teacher at the median or low end of the scale it may be possible to hire
two full time equivalent teachers and increase the programs exposure. It is the goal of the program to
provide the service to all public and private students over the next few grant cycles.
9-//
COUNCIL AGENDA STATEMENT
II
ITEM TITLE:
Item
Meeting Date 2/14/95
Resolution 17Y~ /APproving Submittal of a Local Government Used
Oil Opportunity Grant Application for $230,900 to the California Integrated
Waste Management Board for fiscal year 1995-1996
SUBMITTED BY: Conservation Coordinator tlit\
REVffiWED BY: City Manager ~)\. (4/5ths Vote: Yes_ NoX)
BACKGROUND: The City has received two regional grants funded by the Used Oil
Enhancement Act totaling $371,850. Those grants are funding the recruitment, support and
promotion of 30 used oil recycling centers in Chula Vista, Imperial Beach and National City. The
City has also submitted a 1995/96 block grant application ($73,130) which is under consideration.
This application ($230,900) would establish an educational partnership with the Sweetwater Union
High School District and fund the residential collection of used oil in Chula Vista and Imperial
Beach. The deadline for filing the grant application is February 17, 1995.
RECOMMENDATION: Adopt the resolution as requested by the State.
BOARD/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission
reviewed the grant and voted to supponit on January 9,1995. A copy of the minutes is attached.
DISCUSSION:
The California Used Oil Enhancement Act requires the collection of four cents for every qUllrt of
lubricating oil sold, transferred and imported into California from oil manufacturers. Chula Vista
consumers pay four cents per quart into the fund when they purchase oil. The Act mandates that
the California Integrated Waste Management Board (CIWMB) use part of the funds to provide
grants to local governments for used oil recycling programs. Opportunity Grants are competitive
and funds are limited. The state's general fund will absorb all funds not awarded to applicants by
the end of the fiscal year.
This application is a reiional application that provides different used oil collection/drop-off
services and education services for the cities of Chula Vista, Imperial Beach and National City.
Chula Vista is the proposed designated jurisdiction and will receive up to $230,900 in funds to
carry out a regional program. Imperial Beach and National City are adopting similar resolutions
that authorize Chula Vista as the designated jurisdiction. The proposed program has four primary
components detailed in the application (Attachment A).
The first component provides $92 ,500 to establish an on-call residential used oil collection
program for Chula Vista and Imperial Beach only. To initiate service residents will telephone the
service provider 48 hours before their regular refuse/recycling collection day. Residents will
receive a free used oil recycling container(s) upon request or they may obtain free containers from
any of the 30 new certified centers in the region. Used oil will be collected on the same day as
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Page 2, Item / /
Meeting Date 2/14/95
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the customer's refuse and recycling collection to offer as simple a process as possible. Combining
used oil collection with other collection services also provides an opportunity to take advantage
of the existing fleet, routing and personnel efficiencies. Residents can place their used oil
recycling containers out each week alongside their existing curbside recycling bin. The drivers
will replace the full containers they collect with an empty container for the customer's future use.
There will be no cost to the rate payer for the first full year of the program. Continuation of the
used oil collection program would cost the average rate payer no more than $0.05 per month in
future years. Recycling incentive fees ($0.16 per gallon), avoided disposal costs and future block
grants may combine to reduce or eliminate the program's future costs (approximately $18,000 per
year). The City Council will have the opportunity to review that decision before the program's
second year.
Component two provides $18,000 to support 30 used oil drop-off centers that will serve Chula
Vista, Imperial Beach and National City. This component also adds free oil filter drop-off to
some of those centers. Component three provides $84,900 for public school education programs
that will also serve all three cities. Sweetwater Union High School District would receive
$66,100 to make used oil recycling and watershed protection a permanent part of the middle
school, high school and adult education curricula. The Chula Vista Elementary School District
would also receive $11,000 to continue their watershed protection program. This component also
provides $7,800 for a part-time intern to help carry out this component.
The final component provides $24,000 to implement a public education program to support the
used oil program. The Nature Center would receive $7,500 to continue their science class and
visitor programs. This component provides an additional part-time intern position ($13,000) and
$3,500 for printing related costs. Additional requests include: office space rental ($3,500) and
Conservation Coordinator's grant assistance to National City and Imperial Beach ($7,500). The
total grant request is $230,900. No matching funds are required and none are recommended.
FISCAL IMPACT: There is no additional fiscal impact as a result of the recommended action
to adopt the attached resolution. Should the grant be awarded, staff will return to the City Council
for acceptance of the grant and approval of the service agreement, final grant budget and
conditions. If the grant award is then approved by Council, the City will receive up to $230,900
to continue the used oil collection program through the 1995/96 fiscal year. The program does
not require matching funds and the grant has been written to cover any costs required to carry out
the program. The grant also provides $11,000 for Conservation Coordinator personnel and office
space costs associated with the project. If the Council decides to continue the residential collection
of used oil beyond the first year, the service could cost residential rate payers up to $0.05 per
month. However, revenue from the recycling incentive fee ($0.16 per gallon), avoided disposal
costs or future block grants may reduce or eliminate the program's annual operating costs
($18,000). The City Council will have the opportunity to review that decision before the
program's second year.
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a:opp9S.96.cas
Attachment
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1994/95 Local Government Used Oil Opportunity
Grant Proposal
A) BACKGROUND:
Local Used Oil Disposal Problems: The Cities of Chula Vista, Imperial Beach and National City
(Region) comprise most of the enclosed portion of South San Diego Bay (see attachment #4).
The Region has an estimated 1,500 businesses that sell and/or generate motor oil. A significant
part of the Region's total households own more than one vehicle. Many households also own
recreational vehicles, boats and other motorized items that generate used oil. Recently, San Diego
County Solid Waste staff reported that 65 % of the household hazardous waste identified in the
refuse at their North County refuse treatment facility was used oil and oil filters.
The improper disposal of used oil in storm drains has a particularly devastating effect on the
Region. Most of the storm drains for city and county streets from downtown San Diego to the
border drain into San Diego Bay and are captured in the enclosed South Bay. Approximately one
million residents potentially utilize their gutters, storm drains and refuse containers as the only
convenient means of used oil disposal. Between Chollas Creek and the Tijuana River there are
at least four additional rivers and creeks that support hundreds of acres of National Wildlife
Refuge and wetlands. The wetlands and bay wildlife depend on the waterways and are threatened
by the used oil and other hazardous wastes they can transport.
Jurisdictions' Population: The City of Chula Vista is the second most populated city in San
Diego County with approximately 150,000 residents. National City has approximately 55,000
residents and Imperial Beach approximately 28,000 residents. The greater South Bay area serves
as home, work and retail center to more than 1,000,000 people from the United States and
Tijuana, Mexico. The Sweetwater Union High School District is the largest secondary union high
school district, the fifth largest adult education program and one of the largest Latino student
populations in the State. The District serves approximately 65,000 high school and adult
education students in Chula Vista, Imperial Beach, National City, and parts of the City of San
Diego and Unincorporated County of San Diego.
Existing Used Oil Collection Opportunities: Prior to Used Oil Recycling Grant opportunities
there were only two businesses in the Region that have completed the certification process, neither
of which promoted their used oil collection programs. There are approximately ten additional
non-certified centers in the Region that are known to accept motor oil from the public. These
centers are not well publicized and tend to be located in dense commercial areas that are not
convenient for many generators. The Region is in the process of recruiting, certifying and
promoting 30 certified centers (see list, attachment #5). The centers will be promoted through
local media, point of purchase displays, movie theaters, newsletters, prize incentives and
school/agency education programs. The program includes an extensive public education program
that will reach thousands of students, consumers, retail centers and used oil generating businesses
throughout the region .
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County-Wide Household Hazardous Waste Element (HHW): The Region has paid an additional
per ton tipping fee to San Diego County for the HHW Program for the past several years. The
County uses a portion of the funds to conduct HHW Round Ups which accept used oil. The
County typically schedules an annual roundup in National City or Imperial Beach. No Round-ups
are schedule for fiscal year 1995/96 because of budget cuts. The County has not schedule
roundups in Chula Vista in the past three years. The County expects Chula Vista residents to take
their used oil and other HHW to the County's HHW subcontractor which is located in a remote
part of the City. The County's records indicate that the contractor receives less than 2 % of Chula
Vista's total HHW waste stream of which only a part is used oil. Additionally, the County cut
back its HHW Round-up and education funding by approximately 50 % in 1994 and has submitted
a staff recommendation to eliminate public education funding for solid waste entirely.
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B) PROGRAM DESCRIPTION AND GOALS:
Program Description, SouthBay Used Oil Recycling Program: Providing every household with
a convenient recycling opportunity is the first step in eliminating improper disposal and
eliminating used oil as a threat to the Region's waterways and wildlife habitat. Recently, a third
grade elementary school student noticed a barge of fifty gallon drums that washed up on the shore
of the wildlife refuge following a storm and said, "I hope those barrels are not full of oil!" The
student was one of thousands of Chula Vista, National City and Imperial Beach students attending
California Integrated Waste Management Board (CIWMB) sponsored science classes at the
wildlife refuge. Earlier that day the students had examined the layers of oil contaminated soil that
have built up along the banks of the refuge's waterways over the decades. As the science classes
learned, up to 100,000 gallons of used oil may be illegally disposed of in storm drains and
waterways that lead directly to the wildlife refuge. With the help of previous used oil grants from
the California Integrated Waste Management Board, Chula Vista, Imperial Beach and National
City (Region) are establishing up to 30 certified used oil recycling centers and teaching
tomorrow's generators the importance of proper disposal.
REGULARLY SCHEDULED/ON-CALL(CURBSIDE) COLLECTION OF USED OIL:
Request $ 92,500
An extensive and well publicized drop-off program will continue to be the foundation of the
region's used oil collection/recycling program. Drop-off remains the most economically and
operationally viable method of collection for the region's extensive multi-family dwellings.
However, curbside collection has proven to provide the convenience that encourages greater
participation and the highest possible recovery of used oil for single-family homes and smaller
multi-family dwellings in many cities such as Long Beach. This grant proposes to enhance the use
of certified centers with the following curbside used oil collection program:
General Description:
Residents will be provided with their initial used oil recycling container(s) upon request or from
any of the thirty certified centers being established in the region. Residents will initially be asked
to telephone the service provider 48 hours in advance of their regular collection day. Used oil
collection will take place on the same day as the customer's refuse and recycling collection to
offer as easy a process as possible. Combining used oil collection with other services also
provides an opportunity to take advantage of the existing fleet, routing and personnel efficiencies.
Residents will place their used oil recycling containers out (as needed) with their curbside
recycling bin, yard waste container and refuse which are all collected weekly. Recycling trucks
automatically stop at any site they see a curbside recycling bin. Supervisor truck(s) would also
respond to on-call requests or call-backs, when containers are missed or placed out late.
The drivers will replace full containers placed at the curb with empty containers for the customer's
future use. Drivers will transport the full containers from the curb to the rack on the vehicle and
from the vehicle racks to the used oil storage tank later that day. There the containers will be
inspected tested if necessary and stored for collection by a permitted hazardous waste hauler. The
proposed service provider is an existing certified center and will make routine diversion reports
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to the region and state as a curbside collector (see Attachment ). The proposed program will
require approximately 10,000 one gallon containers or 7,500 six quart containers with caps and
labeling. The information printed on the containers will recognize the California Integrated Waste
Management Board's support of the program and provide the required information. The
containers will be consistent with the certified center containers and will also provide supplemental
information to assist the recycler.
Frequency of Pick-up: On Call, weekly availability. The used oil will be picked up on the
customer's regular weekly refuse and recycling day. Residents will be requested to call the
service provider 24 to 48 hours in advance of their regular recycling pick up day to request oil
collection (all single family homes and dwellings of up to four units in the region have curbside
recycling) .
Days and Hours of Operation for the Used Oil Collection Center(s): The proposed curbside
collection center is also a certified used oil collection center and will be open during regular
business hours approximately 8:00 a.m. to 4:30 p.m., Monday through Friday and 9:00 a.m. to
2:30 p.m., Saturdays. The center is only closed on Sundays, News Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Sunday operational hours
will be considered.
To date the Region has signed up approximately nine new certified centers and initiated contact
with approximately 400 prospects. Each business has different operating hours however, almost
all businesses have been willing to accept used oil during regular business hours. Local program
representatives recommend that used oil drop-off activities be advertised between one half hour
after the store opens through one hour before the store closes. Stores are not encouraged to sign
up as certified centers and are not promoted if they cannot meet the CIWMB's minimum hour
requirements.
Type of Equipment and Facilities to be Used:
.
Tanks: At least one double wall construction, above ground used oil tank with leak
detection system will be utilized to store the used oil from the curbside collection program.
A 110% containment wall is also proposed for the used oil tank.
l ~ FIL'vC">ij? '>
Ve' . ither the recycling, refuse, greenwaste and/or s visor truck(s) will be fitted
with racks to ho . ntial used oil collecti ntainers. The trucks include: full-
size pick-ups, Labrie Eager Beave n Trucks, Heil recycling trucks, Amrep
greenwaste and refuse trucks. C Ion vehicles w lied with appropriate spill
clean-up supplies as re' y local and state health and safety codes.
.
.
Containers: A one gallon or a six quart post-consumer content plastic container will be
distributed to participants. The container will have the required warnings, CIWMB
recognition, other appropriate information, and a leak proof cap.
.
The proposed facility is a trucking yard and staging area for refuse and recycling for the
Chula Vista and Imperial Beach franchisee.
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Used Oil Storage Capacity:
The minimum used oil storage capacity will be 500 gallons. A five hundred gallon container
collected five days a week could collect approximately 130,000 gallons per year. According to
CIWMB, HHW Section projections, approximately 100,00 gallons of used motor oil is improperly
disposed of in the region each year. If it is more cost effective to collect larger quantities, fewer
times per week, additional storage capacity will be considered.
Method of Used Oil Storage and Recycling/Disposal:
. Residents will place the used oil in a program provided container with an appropriate leak
proof cap. The container will be a post-consumer plastic bottle similar to the one utilized
successfully by the City of Long Beach curbside and certified center programs.
. The containers will be inspected and transferred by employees of the service provider to
the residential recycling vehicles which will be equipped with racks that will securely hold
20 to 40 individual containers.
. The recycling containers will be taken from the racks, oil will be inspected and poured into
the storage tank (described above) at the collection center at least once per day.
. The storage tank will be serviced by a State and County permitted hauler with third party
insurance. The program will strive to utilize a service provider who participates in a
closed loop process for used oil collection and re-manufacturing. Additionally, the grant's
proposed provider would have a California Hazardous Waste "Part B" permit (see
brochure, attachment #6).
CERTIFIED CENTER PROGRAM:
$ 18,000
The grant also request $2,500 to continue the Used Oil Recycling Awards Program that focuses
on recognizing certified centers. An additional $1,500 for premiums is requested to use in
promoting existing centers. Approximately $13,000 is also requested to add motor oil filter
collection to at least three locations.
Marina~' The certified center, curbside collection and promotional funds will assist the Region in
providing the local Marina's with a comprehensive program and variety of used oil recycling
alternatives (see letter, attachment #7).
PROPOSED SCHOOL EDUCATION PROGRAMS:
$ 84,~ ~ N 0'1 rUNP~ J::.
High 0 a~ 1<'dJtcation-
Watershed protection is a key concern of drought plagued Southern California and the Region in
particular. Our limited watershed is vital to the quality of life for human residents and a key link
to thousands of indigenous and migrating species. The improper disposal of used oil is the largest
contributor to the contamination and destruction of those resources. The goal of this component
61-/;
is to make used oil recycling and water shed protection a permanent part of the high school and
adult education curricula. The program will: empower young adults with the information they
need to recycle used oil, the ability to understand how recycling can positively impact the local
watershed and the desire to become advocates for used oil recycling in the community.
A number of excellent curricula, fact sheets and exercises that teach used oil recycling and
watershed protection concepts have been created by the California Integrated Waste Management
Board (CIWMB), the California Department of Health Services, the Regional Water Quality
Control Board and other agencies. Too often the excellent materials created and distributed by
these agencies sit idly on shelves collecting dust. Many, if not most school districts lack the
funding, personnel and/or the expertise to use the materials.
This component of the grant focuses on a cooperative effort that maximizes the use of limited
funds and the use of existing materials. This component also creates a partnership that combines
the funding, mission and environmental expertise of local jurisdiction's with the local high
school/adult education district's teaching expertise and facilities. The Sweetwater Union High
School District is the State's largest secondary district and the Adult Education Program is the
State's fifth largest. The Sweetwater Union High School District and Adult Education Program
(District) serves Chula Vista, Imperial Beach, National City, and parts of the City of San Diego
and unincorporated County. The District services approximately 65,000 high school and adult
students in 23 schools. The District also has one of the state's largest Latino populations (78 %
Latino) and offers an extraordinary opportunity to reach the state's target group, 17 to 24 year old
Latino males.
The Region will contract with Sweetwater Union High School District, and its Adult Education
Division to fund a series of teacher workshops that will reach all science teachers and teachers in
selected fields such as auto-shop (see letter, attachment # 8). Ongoing technical assistance and
orientation will keep the teachers and students up to date on local certified centers and curbside
recycling opportunities. The Grant Manager, interns and District will work with federal, state and
local agencies to establish an anthology of instructional materials regarding oil disposal, recycling,
buying recycled oil and oil's relationship to watershed protection (the anthology will supplement
the one currently being developed for the elementary age students under a previous grant).
The District will be grouped into eight (8) clusters, each including one or more middle schools,
high schools and adult schools. There will be approximately thirteen (13) teachers per cluster and
each cluster will meet for a full day once per year for staff development on used oil recycling
issues, interactive recycling lessons and information regarding used oil recycling special events.
The program includes three one day district-wide special events, "Used Oil Collection Contests."
The events will provide students with practical used oil recycling experience, and promote future
used oil recycling. As an example, student may be assigned a homework task, "scavenger hunt"
to phone or visit and map out several used oil certified centers in their neighborhood; bring back
a used oil container and recycling information; and prepare a report on the importance of used oil
recycling and its relationship to the local watershed. Other events will involve students and
community service efforts to increase family participation in the used oil curbside and drop-off
programs.
7
9-,20
': {'I
Elementary School Program
The grant also requests funds to continue the Chula Vista Elementary School Program established
in the previous block grant cycle (see attachments # 9 and #10).
PUBLIC EDUCATION:
$ 24,000
A public education fact sheet will be distributed with the bottles to supplement customer
instructions printed on the bottle. The fact sheet will also be distributed at major civic events to
promote used oil curbside recycling. Notices will be periodically included in the regular refuse
billing and promotional material will be prepared to supplement the mobile displays, movie theater
promotions, point of purchase displays and other promotional activities with curbside collection
information. Residents that participate in the program will also be randomly selected to receive
post-consumer content premiums, related services and products as a reward and recognition for
participating in the program. Selected participants will also be recognized in newsletters, local
media and public events. At least two advertisements will be placed in the paper annually to
promote the program and potentially recognize participants.
Nature Ce ience Class a Visitor Programs (l'l en- =r ':' ~"\.~ )
This component inclu 0 to continue the Nature Center Program established
in a previous cycle (see attac II).
OTHER COSTS:
$11,500
The request includes $3,500 to cover rental space for the project intern's and Grant Manager.
Another $500 is requested to upgrade the Grant Manager's computer hard drive memory. The
additional memory would be used for a data base for certified centers and related activities (Chula
Vista is paying for a Random Access memory upgrade). The grant request includes $7,500 for that
portion of the Grant Manager's time spent on coordinating the project for Imperial Beach,
National City and portions of City of San Diego and Unincorporated County that will be served
by the grant. Chula Vista is funding the Grant Manager costs associated with the Chula Vista
portion of the program.
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ATTACHMENT C
CORRECTED MINUTES OF A SCHEDULED REGllLAR :MEETING
Resource Conservatio:1 Corrunission
Chula Vista, California
6:30 P.M.
Mondav, October 23, 1995
Conference Room #1
Public Services Buildinll:
-
CALL MEETING TO ORDER/ROLL CALL: Meeting was called to order at 6:35 P.M. by Vice-
Chair Marquez. Present: Conunissioners Clark, Hall, Marquez, and Yamada. Fisher arrived late
(6:40 P.M.). Excused absence: Burrascano. City Staff present: Barbara Reid.
APPROVAL OF :MINUTES: None.
ORAL COMMUNICATIONS: None.
NEW BUSINESS:
1. Item #2 was taken out of agenda order. :Michael Meacham presented a brief overview of
the grant application to the California Integrated Waste Management Board for Used Oil
Block Grant of$73,361. A motion was made (Hall/Yarnada) to recommend adoption of
the resolution approving submittal of the grant; vote: 4-0-1 (Fisher abstained as he arrived
too late for the presentation); motion carried.
2. lohn Bridges, Larry Sward, and June Collins were present to respond to the questions put
forth by RCC dated October 20, 1995, regarding the Otay Ranch Village I EIR-
. Infonnation was requested regarding a pond in Village I (100 yards south of the mapped
area) not included on any maps. The panel noted that they were unaware of the ponds
existence and would look into it.
. The pll1lel stated that no surveys for turtles or spade-footed toads were conducted in either
the Telegraph Canyon Road ponds or the Poggi Canyon marsh. The Conunission noted
that the survey protocol for the RMT is not adequate for certain species (reptiles and
amphibians). Additional techniques (meluding pitfall traps and drift fences) need to be
incorporated.
. The panel clarified that survey requirements are spelled out as to specific studies and
preservation standards are set.
. June Collins will provide the arroyo toad survey to Staff to forward to RCC.
. Further information was requested on the rosy boa.
. Development of Otay Ranch will be substantially slower than planned if not annexed to the
City of Chula Vista.
. The concern was expressed that the difference in the numbers oflots permitted on some
(Ross property) of non-OlaY Ranch parcels, was considerably greater if annexation to Chula
Vista occurs.
. The drainage basins are maintained by the City.
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. The EIR indicates the Otay landfill is scheduled for closure in 1999, however, in reality, it
may not close by then.
. The projected LOS of"E" and "F" in the document was clarified that it refers to major
intersections and that the mitigation excludes SR.12S. Significant impacts will vary from
SPA I depending on the phasing of building. An I-80S ramp at Telegraph Canyon Road
will be added to mitigate part of the traflic problem. The internal circulation of SPA I
should be analyzed at SPA level.
. A discrepanc..-y was noted between dominant spE'.cies listed during the gnatcatcher surveys
and dominant species listed in the restoration target transects. June Collins will provide the
reports for Staff to forward to RCC.
. The RCC feels the success criteria of 60% for restoration and revegetation goals is
inadequate.
. John Bridges explained that within the RMP, some duties are assigned to the County, some
are assigned to the City, and the other functions are assigned to appropriate experts. All
work is double-checked by the various agencies as provided in the Draft EIR. Approval of
the Draft EIR has to happen in conjunction with SPA I and with all agencies involved.
. The proposed .4 to I replacement mitigation ratio of coastal sage scrub was found
inadequate by acc and depending solely on seeding was questioned.
. The Otay Ranch GDP guidelines call for 100% cactus wren preservation. The proposed
project impacts pairs. Restoration of cactus wren habitat has never been attempted and is
not sufficient mitigation.
. Spring surveys for rare plants were not conducted; except for hemizonia, which was looked
for but not observed.
. To avoid the noise to homes located on the perimeter of the Village from approaching
trolleys and trolley gates at intersections, these will be controlled only by traflic lights.
. There is no consideration to enclose the MCA amphitheater as it currently meets the noise
ordinance standards set by the City.
o The development of SPA I will be using reclaimed water to the extent feasible. If it does
not serve the entire SPA they'll add existing facilities.
. Bio resow-Cell occur on the south-facinS slope of Poggi Canyon; leaving the existing
vegetation would lessen biological impacts significantly while not affecting project foot
print or reducing housing density.
. A question was raised on the release of methane gasses from the Otay landfill; this was not
addressed in its reports. Gasses could possibly be spread from southwest prevailing winds
back onto Otay Ranch. Otay Ranch did not consider this and will be checking it out.
o A 4d permit will be applied for as necessary.
. A library is planned in the eastern urban center. There is City opposition to the public
library located in the schools, as is done at Easthlce High School. The RCC recommended
reconsideration to avoid the need for additional infrastnlcture and duplication.
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. There is currently no opposition of the project from property owners who are working with
the builders. However, the owners on the southwest corner of the projet."t area, currently
pre-zoned for general development, could possibly oppose.
A motion was made by Hall, seconded by Yamada to accept the Draft Em. of the Ouy Ranch
Village I and Village V as being adequate according to the CEQA guidelines, under the foilov.;ng
conditions:
. that biological impacts be considered not sufficiently mitigated, specifically:
· .4 mitigation ratio oCthe coastal sage scrub which the Commission feels is too low;
. the loss of cactus wren lInd cactus wren habitat;
. a study of whether the tricolored blackbirds were a breeding or foraging population;
. the area west ofPaseo Ranchero to be placed within the preserve must be fenced and
protected as a condition of project approval in order to comply with GDP guidelines
which mandate that future preserve land be preserved in its original state;
. success criteria for revegetation should be more stringent;
. impacts to maritime succulent scrub are not adequately mitigated;
. the ponds (cattle tank) located south of the Telegraph Canyon Road and Pasco
Ladera vicinity are not plotted or addressed; conduct survey and sample for sensitive
species (spade-foot toads and pond turtles in the spring at this pond and Poggi
Canyon marsh);
. Bio resources occur on the south-facing slope of Poggi Canyon; leaving the existing
vegetation would lessen biological impacts significantly while not atI'ecting project
foot print or reducing housing density;
. check for released methane gasses from the Otay landfill which could possibly be
spread from southwest prevailing winds back to Otay Ranch;
. the corridor issues have not been sufficiently addressed.
Vote: 5-0; motion carried. Other comments will be forwarded to Otay Ranch staffin the form of
minutes of the meeting. Comments on the RMP will be forthcoming at a future meeting.
3. Negative Declaration for 15-94-08, Reconstruction and resurfacing of Broadway and
Naples Street to Anita Street. The RCC raised concerns that the timing of this project
would interfere with potential Christmas sales in this high development area. They would
like to know the existing conditions prior to reconstruction. This item will be postponed to
the next meeting.
4. Review of Planning Commission Agenda for OctOber 25, 1995:
PCM-96-10, Request to exceed the Floor Area Ratio on 47 of the 135 lots within the Los
Palacios subdivision: exempt from environmental review; no action by Commission.
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Conditional Use Permit PCC-95-48; Rtquest to construct and operate a cellular
communications facility located at 625 "If' Street: exempt from environmental review; no
action by CommissIOn. RCC questioned why this item was not presented :is a negative
declaration with a visual or other environmental impact.
STAFF REPORT: None.
CHAIRMAN'S COMMENTS: None.
COMMISSIONER'S COMMEl-o.'TS: Fisher would like to see the reports to be forwarded by
June Collins.
ADJOURNMENT: The meeting was adjourned by Vice-Chair Marquez at 10: IS P.M.
Respectfully submitted,
EXPRESS SECRETARIAL SERVICES
-f:}vJJ~L~ JL~
Barbara Taylor
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Item / #
Meeting Datell/21195
ITEM TITLE: Resolution /~''/,7P Posting of Signs Prohibiting Alcoholic Beverage
Consumption at Rienstra Sport "s.
SUBMITTED BY: Director of Parks and Recreatio~
REVIEWED BY: City Manager~~ (4/5ths Vote: Yes_NoK)
The Department received several complaints from league officers this past season from the South
Bay Little League and Pony South League regarding problems created by excessive consumption of
alcoholic beverages by adults.
COUNCIL AGENDA STATEMENT
RECOMMENDATION: That the City Council adopt the resolution prohibiting alcoholic beverage
consumption at Rienstra Sport Fields.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION: This year, the Department received three complaints from league officers from
South Bay Little League and South Pony League about problems that adults were creating due to
excessive consumption of alcoholic beverages. On two occasions, Police were called to respond to
rowdy behavior and public nuisances. However, since the Department did not have park rules that
prohibited alcoholic consumption at Rienstra Park, Police enforcement was limited to penal code
violations i.e., open containers in parking lot, public drunkenness, etc.
Council recently enacted a Park Rule Ordinance which allows, by simple resolution, a prohibition
of alcohol consumption at parks experiencing alcohol-related problems. Therefore, the Department
is requesting a prohibition for Rienstra Park to curb a growing problem for the following reasons:
1. The primary activity at this park should be youth sports activities, however, some adult
supporters attend these games and drink excessively.
2. The City does not support this type of behavior, as it sets a bad example for youth, and
adversely affects families and the community in general.
3. Little League and Pony League National Organization's have a prohibition of alcohol
beverage in or around fields. Since these fields are on public parklands, the leagues cannot
enforce this prohibition. If the problem persists, leagues could get sanctioned by the
National Organization and have their charter voided.
4. Hilltop Park and EI Rancho del Rey Park have alcohol consumption prohibition rules in
place during park closure hours.
FISCAL IMPACT: The cost of signs prohibiting alcoholic beverage will cost approximately $180.00,
and will be funded through the Park's Division General Maintenance Account (100-1520-5362).
[NElWORK:JF-a113-RIENSTRAPST-November 15,1995]
1 /P"t);o-:2....
RESOLUTION NO. /%/.2.0
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE POSTING OF SIGNS
PROHIBITING ALCOHOLIC BEVERAGE CONSUMPTION AT
RIENSTRA SPORT FIELDS
WHEREAS, the Parks and Recreation Department has received
several complaints from league officers this past season from the
South Bay Little League and Pony South League regarding problems
created by excessive consumption of alcoholic beverages by adults;
and
WHEREAS, Council recently enacted a Park Rule Ordinance
which allows, by simple resolution, a prohibition of alcohol
consumption at parks experiencing alcohol-related problems; and
WHEREAS, staff is requesting a prohibition for Rienstra
Park to curb a growing problem for the following reasons:
1. The primary activity at this park should be youth
sports activities, however, some adult supporters
attend these games and drink excessively.
2. The City does not support this type of behavior, as
it sets a bad example for youth, and adversely
affects families and the community in general.
3. Little League and Pony League National
Organization's have a prohibition of alcohol
beverage in or around fields. Since these fields
are on public parklands, the leagues cannot enforce
this prohibition. If the problem persists, leagues
could get sanctioned by the National Organization
and have their charter voided.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the posting of signs
prohibiting alcoholic beverage consumption at Rienstra Sport
Fields.
'1
A~;PJovedl aa ito f01' by
i.k., I ~
~ Bruce M. B og ard, City
Attorney
Presented by
Jess Valenzuela, Director of
Parks and Recreation
C:\rs\rienstra.sig
1,tJ-3
COUNCIL AGENDA STATEMENT
Item II
Meeting Date 11/21/95
Resolution /15/;1./ Granting permission to Pacific Bell Mobile Services
to submit for a Conditional Use Permit in order to construct and operate
a Personal Communications System facility in Halecrest Park - Pacific
Bell Mobile Services
SUBMITTED BY: Director of Planning M LJ.
Director of Pa:ks and Recrea~
REVIEWED BY: City Manager&tt>\, (4/Sths Vote: Yes_No X )
Pacific Bell Mobile Services has submitted an application (PCM-96-l2) requesting permission
to submit a Conditional Use Permit application in order to construct and operate a Personal
Communications System (PCS) facility, a wireless communications system similar to cellular,
in Halecrest Park. Examples of a PCS facility are shown in the attached drawings (see
Attachment 2a, 2b and 2c).
ITEM TITLE:
RECOMMENDATION: That Council 1) approve the resolution, and 2) direct staff to negotiate
final terms with the Applicant.
DISCUSSION:
The applicant wishes to construct a PCS facility to the north of Halecrest Park, which is located
at the northeast quadrant of East J Street and I-80S. At present there are plans being drawn to
extend Halecrest Park in this area and construct the Gayle McCandliss Memorial Park to the
north of the existing park (see Attachment 3). The wireless communications facility is proposed
to go into this area but down slope from the memorial closer to I-80S. Specifics of the location
will be worked out during the CUP process, assuming approval of this request. Staff would
ensure that the PCS facility does not detract in any way from the Gayle McCandliss Memorial
Park.
PCS equipment and antennas are more compact and less obtrusive than cellular facilities.
Typically, the poles are shorter than cellular and more adaptable in that the antennas can be
mounted more easily on existing structures such as light poles. In addition, where cellular
requires a 300 to 400 sq. ft. equipment structure, PCS requires structures more the size of the
telephone relay structures seen along the side of most highways, typically about five feet high
by eight feet long by two and one-half feet deep (20 sq. ft. or 100 c.f.).
This request is only to obtain permission to submit the CUP application. If Council grants the
request, then a full evaluation of the project will be undertaken and the Council mayor may not
(m: \home\planning\manin\pacbel\halecr\9612a.113)
1/-/
Page 2, Item II
Meeting Date 11/21/95
choose to ultimately approve the project itself. A brief project summary prepared by the
Applicant is attached as Attachment 4.
FISCAL IMPACT: All staff costs associated with the processing of the conditional use permit
request would be paid by the Applicant.
There would also be a fiscal benefit to the City from the use of the land, the specifics of which
would be reviewed and submitted for consideration to the City Council along with the
conditional use permit. Initial offers by the applicant include:
. Their proposal to pay $4,200 toward the construction of McCandliss Memorial Grove;
. Payment of rent at $250 per month on a five year lease with five options of five years
each;
. An amount of $500 to the City for the Option Agreement within six months of the date
of the lease execution; and
. Escalation of the base rent every five years according to the CPI, a maximum of three
percent (3 %) annually.
The details of their proposal are outlined in two letters, both dated September 1, 1995. Staff
has recommended that Council direct that negotiations continue with Applicant on the business
terms, as these issues can be worked out at a later date. However, the business terms and
agreements will be submitted for Council consideration at the same time as the CUP. It should
be noted that staff has significant issues with the preliminary proposal made by the applicant,
and will be addressing these issues in the future negotiations.
Attachments
1. Resolution No.
2a. Locator
2b. Typical elevations
2c. Elevations with Equipment Box
3. Proposed Plan of Gayle McCandliss Memorial Park
4. Applicant's Summary
5. Letters dated September I, 1995
(m:\home\planning\martin\pacbel\halecr\%12a.113)
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RESOLUTION NO.
JJ'}~I
RESOLUTION OF THE CITY OF CHULA VISTA CITY
COUNCIL GRANTING PERMISSION TO PACIFIC BELL
MOBILE SERVICES TO SUBMIT FOR A CONDITIONAL
USE PERMIT IN ORDER TO CONSTRUCT AND OPERATE A
PERSONAL COMMUNICATIONS SYSTEM FACILITY IN
HALECREST PARK
WHEREAS, a duly verified application requesting
permission from the City Council to submit for a conditional use
permit on City-owned property was filed with the Planning
Department of the city of Chula vista on October 19, 1995 by Mr.
Kirk Dakan on behalf of Pacific Bell Mobile Services ("Applicant");
and
WHEREAS, said application requested that Council grant
permission to Pacific Bell Mobile Services to submit for a
conditional use permit in order to construct and operate a Personal
Communications System facility at Halecrest Park; and
WHEREAS, permission to submit an application by Pacific
Bell Mobile Services neither confers nor implies any agreement by
Council to approve a Conditional Use Permit for the proposed
Personal Communications System facility; and
WHEREAS, from the facts presented to the City Council,
. the Council has determined that the Applicant may submit for the
requested conditional use permit.
NOW, THEREFORE the city Council of the City of Chula
vista does hereby approve PCM-96-12 and authorize staff to
negotiate and return for Council approval, a lease with Pacific
Bell Mobile Services.
C:\rs\9612cc
form:g
Presented by
Robert A. Leiter
Director of Planning
Bruce M. Boogaar
City Attorney
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EXAMPLES OF ANTENNA MOUNTS
LUMINAIRE ARM
hOID1l[Clll)1t1ltC*.litf[WU.
LIGHT STANDARD POLE MOUNT
(HEIGHTS VARY)
SEPARATE PIPE MOUNTS
(HEIGHTS VARY, 15-FOOT MINIMUM)
There are many different ways to mount pes antennas, two examples are
shown above. The antennas can also be integrated into the design of
buildings.
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Project Summary
BacklUound
Pacific Bell Mobile Services (PBMS) is a new subsidiary of Pacific Bell. Established in July
1994, PBMS plans to offer customers more choices in high quality, reliable and affordable
telecommunications products and services by focusing on the emergmg new wireless
communications systems called Personal Communications Services (PCS).
PCS is a rapidly evolving digital technology that is expected to change the future of
telecommunications though easy-to-use, lightweight and highly mobile communications devices _
including portable phones, pagers, computers and personal digital assistants. In the future, PCS
will provide voice and data capabilities for customers' eommunications needs anywhere and at
any time. Unlike most cellular systems, PCS is based on digital technology and thus offers better
voice quality and the capacity for multiple communications services. Many experts believe that
PCS will be more affordable to a wider range of consumers than today's cellular options. PCS
will be more secure than today's cellular communications devices, and offer better protection
from fraud, as well as more privacy.
PCS phones will fit in pockets and handbags, and offer such features as voice mail, call-screening,
call-waiting, call-referral, short messaging and paging, among others. In addition, the entire
system will be connected to 911, thus offering important safety alternatives for its customers.
Pacific Bell Mobile Services plans to offer PCS services widely throughout California by early
1997.
Site Selection
The entire system is comprised of small base stations which are located throughout the region in
which service is provided. Tbis arrangement allows radio channels to be re-used at non-adjacent
base stations. Chaimel re-use (recycling), combined with digital technology increases the capacity
of the system so it can accommodate the growing demand for wireless mobile, paging, and data
services. Three basic reasons trigger the need for the development of new base stations and
-. .
antennas.
. A need to i~prove coverage in areas with diverse topography.
Pacific Bell Mobile Services engineers prepare a preliminary design analysis for the San Diego
region. The topography and terrain features within the service area are entered into a
computer along with a series of variables such as antenna height, topographic features, local
interference (adjacent buildings) and equipment characteristics. With this information, the
engineers determine a search area which is the best possible location and elevation required for
each antenna facility in order to maximize service. When this is complete, the search area
maps are forwarded to real estate and site selection consultants for identification of potential
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sites. Local property owners are then contacted and site lease negotiations are initiated by the
site acquisition staff based on various zoning, technical, and topographical considerations.
. Heavier anticipated customer use.
In areas where Pacific Bell Mobile Services anticipates high demand additional sites will be
added to insure system capacity for consumers within those service areas.
. Extending the coverage area
New facilities must be built in areas previously not covered or in areas where service may be
substandard due to a variety of technical reasons.
System Features & Capabilities
Personal Communications Services (PCS) is a family of new services that will change
telecommunications in two ways. First, it will permit calls to be routed to people instead of
places. Calls will follow the user through "follow-me-calIing" or through the use of a new PCS
personal phone number. Second, PCS will enhance the control people have over their
telecommunications services by allowing them to determine when and where they can make and
receive calls.
Pacific Bell Mobile Services will offer the ability to tie traditional wireline services together with
PCS mobile voice and data services.
Pacific Bell Mobile Services believes the growth of PCS will be different than that of cellular
services, which have traditionally been aimed at business users. While business customers are an
integral part of their planned customer base, the company is focusing on developing applications
and services for the largely untapped mass market.
PCS is based on the newest form of digital wireless technology which improves upon the sound
quality of cellular. Complex encryption techniques virtually eliminate the ability to eavesdrop on
PCS calls and minimize the risk of unauthorized users placing fraudulent calls on a PCS phone,
one of the biggest problems facing the cellular industry today.
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Attachment 5 .
Letters dated
September 1, 1995
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McKenzie Telecommunications Group
dba MTG, Inc.
September 1, 1995
City of Chula Vista
Mr. Steve Griffin
Principal Planner
276 Fourth Avenue
Chula Vista, California 91910
Gentlemen:
Pacific Bell Mobile Services (PBMS) has authorized $4,200.00 toward the construction of
the new McCandliss Memorial Grove. In addition, PBMS is offering a Lease and Option
Agreement to the City of Chula Vista to place communication equipment on the site.
The $4,200.00 contribution, an amount derived from the cost of crushed granite, will assist
in achieving your prescribed property improvements for the new park. The additional base
rent income of $250.00 a month, will generate long term income for your project. The
Option Agreement's dollar amount of $500.00 is money you will receive soon after signing
the Lease and appropriate papers.
The above mentioned contribution, lease income and option money, will provide cash to
the City for otherwise unimproved property. Please review the Lease and Option
Agreement with the appropriate agencies.
Please do not hesitate to contact me should you have any questions. I am looking forward
to hearing your comments.
Sin;ty' Jf}
1;/I4/~~~0A
Marc Sl George
Site Acquisition Specialist
Ijrs
1/' I?
~~
9610 Granite Ridge Drive, Suite A. San Diego, California 92123. Tel (619) 496-4039. Fax (619) 496-4020 or 496-4015
September I, 1995
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McKenzie Telecommunications Group
dba MTG. Inc,
City of Chula Vista
Mr. Steve Griffin
City Planning, Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
RE: Lease Unimproved Land in the Future McCandliss Memorial Grove for
Pacific Bell Mobile Services' (PBMS) Communication Equipment
Gentlemen:
In a recent survey conducted by a team of PBMS radio frequency engineers, the City owned
Halecrest Park, "L" Street and Highway 805 of the Lynwood area in Chula Vista, has been
designated as a potential PBMS site.
At the request of Martin Miller, Associate Planner for the City of Chula Vista, I am submitting
this offer to lease space under the following terms and conditions:
Premises:
Lessee:
Use:
Term:
Base Rent:
Option:
Escalation:
Incentive:
Halecrest Park, "L" Street and Highway 805.
Pacific Bell Mobile Services,
Installation of a BTS unit and antennas.
Lease five (5) years with five (5) options of five (5) years each.
$15,000 over the term of the lease payable in equal installments of
Two Hundred Fifty Dollars ($250.00) per month.
Five Hundred Dollars ($500,00) to be issued to the City of Chula
Vista within six (6) months of the date of PBMS lease execution.
Base rent increased every five (5) years according to the CPI, a
maximum of three percent (3%) annually.
Four Thousand Two Hundred Dollars, ($4,200.00) the cost of
crushed granite for proposed walkway. (Approximately
500 ft. x 12 ft. = 6,000 square feet at $.70/sq. ft. = $4,200.00,)
PBMS, in their effort to complete the new communication network, is anxious to move this
project forward quickly. Perhaps an administrative review in lieu of a Conditional Use Permit
would assist in this matter. We would like to explore the possibility to expedite the process.
S~Y~~~~c
M~C St. George
Site Acquisition Specialist
/1' /2"
II~
---
9610 Granite Ridge Drive. Su~e A. San Diego. California 92123. Tel (619) 496-4039. Fax (619) 496-4020 or 496-4015
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item /..2..
Meeting Date 11/21/95
Resolution I If"!')'~ Acceptin bids and awarding contract for purchase
of a Cab & Chassis with mounted ae mllift.
SUBMITTED BY: Director of Public Works
Director of Finance /'/
REVIEWED BY: City Manager ~r:(1o
The FY 95-96 Equipment Replacement budget provides for the purchase of one replacement aerial lift
for the Traffic Signal section of Public Works. On September 19, 1995, the Purchasing Agent accepted
bids for purchase of an aerial lift.
(4/5ths Vote: Yes_NoX)
RECOMMENDATION: That Council award the contract to the lowest responsible bidder, Altec
Industries Inc., who met all required specifications.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The FY 95-96 Equipment Replacement budget provides for the purchase of one replacement aerial lift
for the Traffic Signal section of Public Works Engineering. This new vehicle will replace a 1986 GMC
boom truck. If the truck isn't replaced, we will need to spend considerable funds to repair it. Now is
the optimal time to replace it. Bid packages were mailed to thirteen vendors with five responding on
September 19,1995. The only responsive bidder, Altec Industries, Inc., offered an Altec Model TA35
on a 1996 Ford Superduty for $58,031 plus 7% sales tax, with no trade-in offer for the replaced unit.
The unit being replaced is out of production and there is a lack of parts available to support auction. The
vehicle will be sold at auction.
Pressley Peterbilt bid $58,427, the second lowest bid, but was judged non-responsive because the bid was
not signed. Dion International Trucks was also judged non-responsive because the bid was unsigned and
did not include a bid amount for the cab and chassis. Bengal Equipment & Tractor Co. And Power K
Truck Hydraulics replied "No Bid."
Alternative Fuel
Due to its size, weight, and continuous all-day operation, this vehicles is not appropriate for consideration
of conversion to alternative fuel.
FISCAL IMPACT:
Sufficient funds ($73,200) are provided in the FY95-96 equipment replacement budget for purchase of
the aerial lift. The total amount of the aerial truck including the 7% sales tax is $62,093.17.
The existing aerial lift has an annual maintenance of $4,749 and a fuel cost of $1,761. The future
llJaintenance cost will diminish significantly, and the cost for fuel is estimated to remain the same. The
savings will be reflected in equipment charges, account 100-1431-5269.
M :\SHARED\ENGINEER\AERIAL. WPD
/c2 -/ /; %{- I<
RESOLUTION NO. 1$"1.;1.:<'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR PURCHASE OF CAB & CHASSIS WITH
MOUNTED AERIAL LIFT
WHEREAS, the FY 95-96 Equipment
provides for the purchase of one replacement
Traffic Signal section of Public Works; and
Replacement budget
aerial lift for the
WHEREAS, bid packages were mailed to thirteen vendors
with five responding on September 19, 1995; and
WHEREAS, the only responsive bidder, Altec Industries,
Inc., offered an Altec Model TA35 on a 1996 Ford Superduty for
$58,031 plus 7% sales tax, with no trade-in offer for the replaced
unit; and
WHEREAS, the unit being replaced is out of production and
there is a lack of parts available to support resale; and
WHEREAS, Pressley Peterbilt bid $58,427, the second
lowest bid, but was judged non-responsive because the bid was not
signed; Dion International Trucks was also judged non-responsive
because the bid was unsigned and did not include a bid amount for
the cab and chassis; and Bengal Equipment & Tractor Co. And Power
K Truck Hydraulics replied "No Bid."
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby accept said one bid and awards the
contract to Altec Industries, Inc. in the amount of $62,093.17,
including sales tax.
Presented by
BE IT FURTHER RESOLVED that the Purchasing Agent of the
City of Chula vista is hereby authorized and directed to execute
said contract for and on behalf of the City of Chula ista.
7tJ;
VBruce M.
Attorney
f:t
John P. Lippitt, Director of
Public Works
d, city
C:\rs\chassis.cab
1~'3
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COUNCIL AGENDA STATEMENT
Item / J
Meeting Date 11/21/95
ITEM TITLE: Resolution J '5/ :< J Accepting Bids and Awarding Contract for
"Installation of Street Lighting on Fourth Avenue between E Street and SR54
in the City ofChula Vista, California (TF-I49)"
SUBMITTED BY: Director of Public WorkS; W'
REVIEWED BY: City Manager ~~ (4/5ths Vote: Yes_NoX)
At 2:00 p.m. on November 1, 1995, in Conference Room 1 in the Public Services Building, the
Director of Public Works received bids for the "Installation of Street Lighting on F ourth Avenue
between E Street and SR54 in the City ofChula Vista, California (TF-149)." The project involves
the installation of street lighting to replace the street lights that are being removed by the
undergrounding of utility lines and the removal of wooden poles along Fourth Avenue.
RECOMMENDATION: That Council approve the resolution accepting bids and awarding contract
for "Installation of Street Lighting on Fourth Avenue between E Street and SR54 in the City of
Chula Vista, CA (TF -149)" to MCR Electrical Contractors, Inc. Imperial Beach, in the amount of
$43,523.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Funds for this project are included in the 93/94 Capital Improvement Program budget. The
installation of street lights on Fourth Avenue between E Street and SR54 is being done in
conjunction with the undergrounding of utilities and the subsequent pole removal.
Bids for this project were received from four contractors as follows:
Contractor Bid Amount
1. MCR Electrical Contractors, Inc. - Imperial Beach $43,523.00
2. Patterson Brothers Lighting, Inc. - Lakeside 47,770.00
3. Knox Electric, Inc. - Spring Valley 66,239.70
4. Sohnex Enterprises - Chula Vista 70,000.00
The low bid by MCR Electrical Contractors, Inc. is below the Engineer's estimate of $45,937 by
$2,414 or 5.3%. Staff received an excellent bid for the proposed work. Staff is familiar with the low
bidders qualifications to do the work from past experience and has found them to be satisfactory.
We, therefore, recommend that the contract be awarded to MCR Electrical Contractors, Inc.
/3 -j
t1/'I
Page 2, Item / J
Meeting Date 11/21/95
Disclosure Statement
Attached is a copy of the contractor's disclosure statement.
Environmental Status
The Environmental Review Coordinator has reviewed the work involved in this project and has
determined that the project is a Class l(c) exemption under Section 15301 of the California
Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public
Structures).
Prevailing Wage Statement
The source of funding for this project is Gas Tax Funds. Contractors bidding this project were
not required to pay prevailing wages to persons employed by them for the work under this
contract because this project is not of region-wide interest. No special minority or women
owned business requirements were necessary as part of the bid documents. Disadvantaged
businesses were encouraged to bid through the sending of the Notice to Contractors to various
minority trade publications.
Financial Statement
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $43,523.00
B. Contingencies (Approximately 10%) 4,352.30
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $47,875.30
FUNDS AVAILABLE FOR CONSTRUCTION
A. Street Lighting Installaion TF -149 $47,875.30
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $47,875.30
The street lighting project is scheduled for installation at the same time as the overhead power
lines are being de-energized and the wooden power poles removed. The safety lighting at the
signalized intersections will remain energized at all times during this work.
FISCAL IMPACT: The project consists of installation of ten (10) new lights on concrete
poles. This includes the replacement of two (2) existing light on wooden poles. The net gain
of eight (8) new lights will cost the City $702.72 annually in additional energy costs. Funds
are available in the 1431 utility budget to cover this annual energy charge from SDGc\'cE.
Attachment: Disclsoure Statement
mjd:sblFile No: 0735-10-lFI49
M:\HOMEIENGINEERIAGENDAIS1UGill.MJD
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RESOLUTION NO.
1?;;z..;3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR "INSTALLATION OF STREET LIGHTING
ON FOURTH AVENUE BETWEEN E STREET AND SR54 IN
THE CITY OF CHULA VISTA, CALIFORNIA (TF-149)"
WHEREAS, at 2:00 p.m. on November 1, 1995, in Conference
Room 1 in the Public Services Building, the Director of Public
Works received the following four bids for the "Installation of
street Lighting on Fourth Avenue between E street and SR54 in the
City of Chula Vista, California (TF-149).":
Contractor Bid Amount
l. MCR Electrical Contractors, Inc. $43,523.00
- Imperial Beach
2. Patterson Brothers Lighting, Inc. 47,770.00
- Lakeside
3. Knox Electric, Inc. - Spring 66,239.70
Valley
4. Sohnex Enterprises - Chula vista 70,000.00
WHEREAS, the low bid by MCR Electrical Contractors, Inc.
is below the Engineer's estimate of $45,937 by $2,414 or 5.3%.
Staff received an excellent bid for the proposed work; and
WHEREAS, staff is familiar with the low bidders
qualifications to do the work from past experience and has found
them to be satisfactory and recommends that the contract be awarded
to MCR Electrical Contractors, Inc.; and
WHEREAS, the Environmental Review Coordinator has
reviewed the work involved in this project and has determined that
the project is a Class l(c) exemption under section 15301 of the
California Environmental Quality Act (Minor Alterations of Existing
Public Improvements or Public Structures); and
WHEREAS, the source of funding for this project is Gas
Tax Funds and contractors were not required to pay prevailing wages
to persons employed by them for the work under this contract
because this project is not of region-wide interest; and
WHEREAS, no special minority or women owned business
requirements were necessary as part of the bid documents but
1
13<5
"-";\
disadvantaged businesses were encouraged to bid through the sending
of the Notice to Contractors to various minority trade
publications.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept bids and award contract for
"Installation of Street Lighting on Fourth Avenue between E Street
And SR54 in the City of Chula Vista to MCR Electrical Contractors,
Inc. in the amount of $43,523.00.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
contract for and on behalf of the City of Chula vista.
Presented by
ed as t~) form ~
/ vk J
? Bruce M. Boog~ar , City
Attorney /
John P. Lippitt, Director of
Public Works
C:\rs\stlight..cr
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THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Yo~ are required to tile a Statement of Disclosure of certain ownership or tinancial interests, payments, or campaign contributions, on
alll/1atters which will require discretionary action on lhe part of lhe City Council, Planning Commission, and all other official bodies.
The following information must be disclosed:
I. List lhe names of all persons having a fmancial interest in lhe property which is the subject of the application or lhe Contract,
e.g., owner, applicant, Contractor, subcontractor, material supplier.
~R 01 ~"TCIl\~..6.L r~\o\TO.6.~Q.S \~.
J
CAa\ '-lI~ QAt'ol\\Ctc:'7 . r:;b---\n;:",.
t't\A~\-.\ ~ R"'t'<\\2iL2.. f>"l"DIETlI.R.'(
2. If any person" identified pursuant to (I) above is a corporation or partnership, list the names of all individuals owning more
than 10% of the shares in the corporation or owning any partnership interest in lhe partnership.
M...C>"') 0.\ G"RAMlo=,
'50%
50%
I
CA.pl "'~ RA.tv\\ F&::::7._
3. If any person" identified pursuant to (I) above is non-profit organization or a trust, list the names of any person serving as
director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
~o~e.
4.
Have you had more than $250 worth of business transacted with any ~ber of the City staff, Boards, Commissions,
Committees, and Council within the past twelve monlh? Yes _ No ~If yes, please indicate person(s):
5.
Please identify each and every person, including any agents, employees, consultants, or independent Contractors who you have
assigned to represent you before the City in this matter.
NoNE
6.
Have you andlor your officers or agents, in th'Y'ggregate, contributed more lhan $1,000 to a Council member in lhe current
or preceding election period? Yes _ No Y:: If yes, state which Council members(s):
Date: \ \. \ ' '90::.
c t
MA.R:t\l'\.<!:.,RA,M\P"''' . ~TPo.~
Print or type name of Contractor! Applic t
* ~ is defined as: "Any individual. firm. co.partnership, join! vell/ure. association. social club, fraternal organization, corporation,
estate. trust, recei\'er, syndicate, this and llllY other county, city or country, city municipality, district, or other political subdivision,
or any other group or combination acting as a unit.
~ 1:1,5
COUNCIL AGENDA STATEMENT
Item /~
Meeting Date 11/21/95
ITEM TITLE: 11. Resolution 18/.J.,/ Approving Final Map and Subdivision Improvement
Agreement for Chula Vista Tract 91-04 East Palomar Estates
8. Resolution IB'lolfApproving Supplemental Subdivision Improvement
Agreement for Chula Vista Tract 91-04 East Palomar Estates
SUBMITTED BY: Director of PUbliC" Work~ ~
REVIEWED BY: City Manager ~&l~ (4/5ths Vote: Yes_NoX)
On July 16, 1991 by Resolution 16263, the City Council approved the Tentative Subdivision Map
for Chula Vista Tract 91-04, East Palomar Estates. The final map for East Palomar Estates is now
before Council for approval.
RECOMMENDATION: That Council approve the resolutions approving the final map and
subdivision improvement agreement, and approving the supplemental subdivision improvement
agreement for East Palomar Estates.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The project is generally located on the north side of East Palomar Street between Nolan Avenue and
Pecan Place and consists of 13 lots for single family residential units and 4 lettered lots for private
access and parking easements.
The final map for East Palomar Estates has been reviewed by the Public Works Department and
found to be in substantial conformance with the approved tentative map. Approval of the final map
constitutes acceptance by the City, on behalf of the public a portion of East Palomar Street and a
portion of Nolan Avenue, and acceptance of tree planting and maintenance easements, all as shown
on the final map. Lots A thru D are private access and parking easements to be conveyed to
subsequent owners oflots adjacentto Lots A thru D pursuant to Section 18.20.150 of the City Code.
The developer has executed a Supplemental Subdivision Improvement Agreement to satisfy the
following conditions:
1. Condition No. 19 of Resolution No. 16263 requires the Developer to enter into an agreement
to indemnifY and hold harmless the City from any liability for erosion, siltation, or increase
flow of drainage resulting from the East Palomar Estates project.
I~-I
Page 2, Item-.!i
Meeting Date~
1//~'/7J
2. Condition No. 20 Resolution No. 16263 requires the Developer to enter into an agreement
to indemnify and hold harmless the City from any claims, actions or proceedings against the
City to attack, set aside, void or annul any approval by the City with regard to the East
Palomar Estates project.
3. Condition No. 23 of Resolution No. 16263 requires the Developer to enter into an agreement
with the City relating to the provision of franchise cable television services.
The developer has also executed a Subdivision Improvement Agreement and has provided bonds to
guarantee construction of the required public improvements (CV drawings 95-354 through 95-357)
within the subdivision. The developer has paid all applicable fees and has provided a bond to
guarantee the subdivision monumentation.
A plat is available for Council viewing.
FISCAL IMP ACT: None. All staff costs associated with processing of improvement plans and
final map will be reimbursed from developer deposits.
Attachments:
Exhibit A - Plat - East Palomar Estates
Exhibit B - Disclosure Statement
File: 0600-80-EY352
M:\HOME\ENGINEER\AGENDA\EPALOMAR.GV (WP61)
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WESTERN COMMUNITIES
PAGE 02
mE ern 0' CHt/LA mT..t PAR7l'DISCLOSURE STICTEMENT
s ,,, \ c me nt of disclosure of cenain ownership inter..tI, paymeDII, or campalan conltiblltkml. on aU ma lIerl
"hid, will reqllire dllc:retionary action on the part afthc Cit)' Council. Plannln. COIllmiqjOIl, Ind all other
cf;:::<l1 bodiel. The fOuowin, iDformalfon mlllt be dlKlOled:
J. List the Ilamea of -'1 penon. Ilavtng . lInanCial interest In the conuact, I.... con tractor, '
lubcontractor, material supplier.
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it li"'Y perllOn identified p\lrlll&nt to (1) abOVe Is . corporation or plTtllenhlp, list the namel of all
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!:)tHC.t in the pannenhip.
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of aIry penon .ervlD, II director of the non-profit oraanization or al trustee or benefrc;/ary or
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r; at you had man than S2S0 worth of buslneas tralllllc:tcd with all}' member of the Oty staff,
t:.U1-X Commissions, Committees Ind COllncIJ within the put twelve DIOnth.? Ves_
;.; 0 If )'e6, please indicate person( I): '
f'ku;c Identify each and every penon.lncludID.any apnts. employee.. c:onslllllnts or independent
C5'..,f.ltfllctors who you hive asslJl'led to represeDt you befl1l'C tile Cilf ill this \natter.
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Heve you and/or your officers or apnts, in the aarept.. COIItribllted ~e than $1,000 to I
Council member ill the current or prcoedlnlll election period? Ya _ No.,t::.. If yea, .late whi~h
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RESOLUTION NO.
)m~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT 91-04 EAST PALOMAR ESTATES, ACCEPTING ON
BEHALF OF THE PUBLIC THE PUBLIC STREETS
DEDICATED ON SAID MAP, ACCEPTING THE EASEMENTS
GRANTED ON SAID MAP WITHIN SAID SUBDIVISION,
AND APPROVING SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista hereby finds that that certain map survey
entitled CHULA VISTA TRACT 91-04, EAST PALOMAR ESTATES, and more
particularly described as follows:
That portion of the South half of the Southwest Quarter
of the Northeast Quarter of Quarter section 93, Rancho de
la Nacion, in the City of Chula Vista, County of San
Diego, State of California, according to Map thereof No.
166, filed in the office of the county Recorder of said
San Diego County, May 11, 1869.
Area: 3.29 acres
Numbered Lots: 13
No. of Lots: 17
Lettered Lots: 4
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public streets, to-wit: portion of East
Palomar Street and portion of Nolan Avenue, and said streets are
hereby declared to be public streets and dedicated to the public
use.
BE IT FURTHER RESOLVED that Lots A thru D are private
access and parking easements.
BE IT FURTHER RESOLVED that said council hereby accepts
on behalf of the City of Chula vista the easements with the right
of ingress and egress for street tree planting and maintenance, ,
as granted and shown on said map within said subdivision, subject
to the conditions set forth thereon.
BE IT FURTHER RESOLVED that the City Clerk of the city of
~~
Chula vista be, and she is hereby authorized and directed to
endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that said portions of public
streets are accepted on behalf of the public as heretofore stated
and that certain easements with the right of ingress and egress for
the construction and maintenance of street tree planting, as
granted thereon and shown on said map within said subdivision is
accepted on behalf of the City of Chula vista as hereinabove
stated.
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of , 1995, for
the completion of improvements in said subdivision, a copy of which
is attached hereto and by reference made a part hereof, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista be, and he is hereby authorized and directed to execute
said agreement for and on behalf of the City of Chula vista.
Presented by
al
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
C:\rs\palomar.fM
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Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199__, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "city", and Palomar 13
L.L.C., a California limited liability company, hereinafter called
"Subdivider";
Nl.T!LJL~~'!;;TH...
WHEREAS, Subdivider is about to present to the city Council of
the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as East
Palomar Estates pursuant to the provisions of the Subdivision Map
Act of the State of California, and in compliance with the
provisions of Title 18 of the Chula Vista Municipal Code relating
to the filing, approval and recordation of subdivision map; and
WHEREAS, the Code provides that before said map is finally
approved by the Council of the city of Chula vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an al ternati ve thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider'S own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
and complete, at Subdivider's own expense, all the public
-1-
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)
improvement work required by city in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 16263, approved on the 16th day of
July, 1991 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 95-354 through 95-357 inclusive, on file in
the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of One Hundred
Three Thousand Dollars ($103,000).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the city Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the third anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said sUbdivision, prior to the issuance of any
certificate of clearance f'Jr utility connections for said buildings
-2-
IL//?-r
: tl~:J
", I
or structures in said sUbdivision, and such certificate shall not
be issued until the city Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the city of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of Fifty-One Thousand Five Hundred Dollars ($51,500) which security
shall guarantee the faithful performance of this contract by
Subdivider and is attached hereto, marked Exhibit "A" and made a
part hereof.
7. Subdivider further agrees to furnish and deliver to the
city of Chula vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of Fifty-One Thousand Five Hundred Dollars ($51,500) to secure the
payment of material and labor in connection with the installation
of said public improvements, which security is attached hereto,
marked Exhibit "B" and made a part hereof and the bond amounts as
contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of Five Thousand Two Hundred Dollars ($5,200) to secure the
installation of monuments, which security is attached hereto,
marked Exhibit "c" and made a part hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the City any
difference between the total cost~ incurred to perform the work,
-3"
/1//7'->
",)
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the state
Subdivision Map Act and the provisions of Title 18 of the Chula
vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the city Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by city, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
indemnification and agreement to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
-4-
Ivj-1~t
['\
J,
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdi vider agrees to defend, indemnify, and hold harmless
the city or its agents, officers, and employees from any claim,
action, or proceeding against the city or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a sUbdivision, which action is brought within the time period
provided for in section 66499.37 of the Government Code of the
State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
.
THE CITY OF CHULA VISTA
SUBDIVIDER:
PALCMAR 13. L
(Managing Manber)
Mayor of the City of Chula
Vista
form by
I
City Attorney
(Attach Notary Acknowledgment)
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/1.1-7
',,,,
:i (;
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form:
Bond
Amount: $51,500.00
Exhibit "B"
Improvement Security - Material and Labor:
Form:
Bond
Amount: $51,500.00
Exhibit "C"
Improvement Security - Monuments:
Form:
Bond
Amount:
pprl
d amount by
Improvement Completion Date:
Three (3) years from date of
Council approval of the
Subdivision Improvement
Agreement
C:\ag\estpaloa
-6-
/'I/)- ~
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
No. 5907
State of (cALIFORNIA
County of SAN DIEGO
On
10/26/95
before me,
Teresa A. Jache, Notary Public
NAME, TITLE OF OFFICER. E.G., "JANE DOE, NOTARY PUBLIC'
DATE
personally appeared
Robert C. Spriggs
NAME(S) OF SIGNER(S)
lUl personally known to me . OR . 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
t'" ... ... ... ..... ... ... .... .... .... -. ... .... ....1
@'_:"'TERESAA'JACHE
:;: ;.>,% -... COMIII. # 970062 z
I ,,.. ., Notory Public - California li
". ' SAN DIEGO COUNTY -
J ~ ~ : _~c:,,:e;:":UL_26~1~ J
WITNESS my hand and official seal.
-=r=~Gt~4T&-
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form,
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
subdivision Improvement Agmnt
TITLE OR TYPE OF DOCUMENT
TInE(S)
o PARTNER(S)
o LIMITED
o GENERAL
6
NUMBER OF PAGES
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSQN(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
~
C1993 NATIONAL NOTARY ASSOCIATION -8236 Aemmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
/;//1 -1
.
RESOLUTION NO. /Jr/~~
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING
SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR CHULA VISTA TRACT 91-04
EAST PALOMAR ESTATES, AND AUTHORIZING THE
MAYOR TO EXECUTE SAME
WHEREAS, the developer for Chula vista Tract 91-04, East
Palomar Estates has executed a Supplemental Subdivision Improvement
Agreement (SSIA) to satisfy the following conditions:
1. Condition No. 19 of Resolution No. 16263 requires
the Developer to enter into an agreement to
indemnify and hold harmless the City from any
liability for erosion, siltation, or increase flow
of drainage resulting from the East Palomar Estates
project.
2. Condition No. 20 of Resolution No. 16263 requires
the Developer to enter into an agreement to
indemnify and hold harmless the City from any
claims, actions or proceedings against the City to
attack, set aside, void or annul any approval by
the City with regard to the East Palomar Estates
project.
3. Condition No. 23 of Resolution No. 16263 requires
the Developer to enter into an agreement with the
City relating to the provision of franchise cable
television services.
WHEREAS, the Developer has now executed the Supplemental
Subdivision Improvement Agreement to satisfy the above conditions.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve the Supplemental
Subdivision Improvement Agreement for Chula vista Tract 91-04 East
Palomar Estates.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vista.
Bruce M.
Attorney
as to
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Presented by
John P. Lippitt, Director of
Public Works
ity
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Developer
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Above
Space for Recorder's Use
RECORDING REQUESTED BY:
city Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Conditions 19, 20, and 23)
This Supplemental Subdivision Improvement Agreement
("Agreement") is made this _ day of , 199 , by and
between THE CITY OF CHULA VISTA, California ("city" or "Grantee"
for recording purposes only) and Palomar 13, a Limited Liability
Company ("Developer" or "Grantor"), with reference to the facts set
forth below, which recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property
located in Chula vista, California, more particularly described on
Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part of a project commonly known as East Palomar
Estates. For purposes of this Agreement the term "Project" shall
mean "Property".
B. Developer is the owner of the Property.
C. Developer has applied for and the City has approved a
Tentati ve Subdivision Map commonly referred to as East Palomar
1
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Estates, Tract 91-04 ("Tentative Subdivision Map") for the
subdivision of the Property.
D. The City has adopted Resolution No. 16263 ("Resolution")
pursuant to which it has approved the Tentative Subdivision Map
subject to certain conditions as more particularly described in the
Resolution. The description of the conditions in this recital
section of this Agreement is intended only to summarize and
paraphrase such conditions in the Resolution, and is not intended
herein to modify or explain them, and is not intended as a basis
for interpreting them.
E. Condition No. 19 of the Resolution requires Developer to:
The developer shall enter into an agreement with the City
wherein the City is held harmless from any liability for
erosion, siltation or increased flow of drainage resulting
from this project.
F. Condition No. 20 of the Resolution requires Developer to:
On the condition that the City shall promptly notify the
subdivider of any claim, action or proceeding and on the
further condition that the City fully cooperates in the
defense, the developer/applicant shall enter into an
agreement, defend, indemnify and hold harmless the City and
its agents, officers and employees, from any claim, action or
proceeding against the City, or its agents, officers or
employees to attack, set aside, void or annul any approval by
the City, including approval by its Planning Commission, City
Councilor any approval by its agents, officers, or employees
with regard to this subdivision.
G. Condition No. 23 of the Resolution requires the Developer
to:
The developer shall permit all franchised cable television
companies ("Cable Company") equal opportunity to place conduit
to and provide cable television service for each lot within
the subdivision. The developer shall enter into an agreement
with all participating Cable Companies which shall provide, in
part, that upon receiving written notice from the City that
said Cable Company is in violation of the terms and conditions
of the franchise granted to said Cable Company, or any other
terms and conditions regulating Cable Company in the city of
Chula Vista, as same may from time to time be amended,
Developer shall suspend Cable Company's access to said conduit
until City otherwise notifies Developer. Said agreement shall
be approved by the City Attorney prior to the Final Map.
H. city is willing, on the premises, security, terms and
conditions herein contained to approve the final map for which
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Developer has applied as being in substantial conformance with the
Tentative Subdivision Map described in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
1. Agreement Applicable to Subsequent OWners.
1.1 Agreement Binding Upon Successors. This Agreement
shall be binding upon and inure to the benefit of the successors,
assigns and interests of the parties as to any or all of the
property until released by the mutual consent of the parties.
1.2 Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the benefit
of the land owned by the City adjacent to the Property, described
as Lot 112 of Map 6137. The Burden touches and concerns the
Property. It is the intent of the parties, and the parties agree,
that this covenant shall be binding upon, and run with, the
ownership of the land which it burdens. The Burden of this
Agreement shall be released from title, as to an individual lot or
unit within the Property upon the sale of any lot improved with a
residence, provided however, the city determines that the effect of
such release, or in conjunction with previous releases, will not
jeopardize the completion of the improvements or other obligations
remaining under this Agreement. If the City determines that the
release will not jeopardize said obligations, the City shall
execute a quitclaim releasing the Burden of this Agreement from the
ti tIe to any such lots. As to any lots which have not been
released, the Burden of this Agreement shall continue to encumber
such lots and shall be binding upon, and run with, the ownership of
such lots until such lots are released.
a. Developer Release on Guest Builder
Assignments. If Developer assigns any portion of the Project,
Developer may have the right to obtain a release of any of
Developer's obligations under this Agreement, provided Developer
obtains the prior written consent of the City to such release.
Such assignment shall, however, be subject to this Agreement and
the Burden of this Agreement shall remain a covenant running with
the land. The City shall not withhold its consent to any such
request for a release so long as the assignee acknowledges that the
Burden of the Agreement runs with the land, assumes the obligations
of the Developer under this Agreement, and demonstrates, to the
reasonable satisfaction of the City, its ability to perform its
obligations under this Agreement as it relates to the portion of
the Project which is being acquired by the Assignee.
b. Partial Release of Developer's Assignees.
If Developer assigns any portion of the Project subject to the
Burden of this Agreement, upon request by the Developer or its
3
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assignee, the City shall release the assignee of the Burden of this
Agreement as to such assigned portion if such portion has complied
with the requirements of this Agreement and such partial release
will not, in the opinion of the City, jeopardize the likelihood
that the remainder of the Burden will not be completed.
2. Condition No. 19 - Erosion and Drainage Indemnity. In
satisfaction of Condition No. 19 of the Resolution, Developer
agrees that, on the condition that City shall promptly notify the
Developer of any claim, action or proceeding, Developer shall
defend, indemnify, and hold harmless the City, and its agents,
officers and employees, from any claim, action, or proceeding
against the City, or its agents, officers or employees, related to
erosion, siltation or increased flow of drainage resulting from the
Property. City agrees to reasonably cooperate with Developer in
the defense of any such action, claim or proceeding.
3. Condition No. 20 SUbdivision Map Indemnity. In
satisfaction of Condition No. 20 of the Resolution, Developer
agrees that, on the condition that city shall promptly notify the
Developer of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense, the
Developer shall defend, indemnify, and hold harmless the city, and
its agents, officers and employees, from any claim, action or
proceeding against the City, or its agents, officers or employees,
to attack, set aside, void or annul any approval by the City,
including approvals by its Planning Commission, City Council, or
any approval by its agents, officers, or employees with regard to
this Project.
4. Condition No. 23 Cable Television Easements. In
satisfaction of Condition No. 23 of the Resolution, the Developer
agrees to permit all cable television companies franchised by the
city of Chula vista equal opportunity to place conduit to and
provide cable television service for each lot or unit within the
Project. Developer further agrees to grant, by license or
easement, and for the benefit of, and to be enforceable by, the
City of Chula Vista, conditional access to cable television conduit
within the properties situated within the Project only to those
cable television companies franchised by the City of Chula vista
the condition of such grant being that (a) such access is
coordinated with Developer'S construction schedule so that it does
not delay or impede Developer's construction schedule and does not
require the trenches to be reopened to accommodate the placement of
such conduits; and (b) any such cable company is and remains in
compliance with, and promises to remain in compliance with, the
terms and conditions of the franchise and with all other rules,
regulations, ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been, or
may from time to time be, issued by the city of Chula Vista.
Developer hereby conveys to the City of Chula Vista the authority
to enforce said covenant by such remedies as the City determines
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appropriate, including revocation of said grant upon a
determination by the City of Chula vista that they have violated
the conditions of the grant.
5. satisfaction of Conditions. City
execution of this Agreement constitutes
Developer's obligation of Conditions 19, 20,
Resolution.
agrees that
satisfaction
and 23 of
the
of
the
6.
prepared
party.
7.
Recording. This Agreement, or an abstract hereof
by either or both parties, may be recorded by either
Miscellaneous.
7.1 Notices. Unless otherwise provided in this
Agreement or by law, any and all notices required or permitted by
this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the party to
whom it is directed, or in lieu thereof, when three (3) business
days have elapsed following deposit in the U.S. mail, certified or
registered mail, return receipt requested, first-class postage
prepaid, addressed to the address indicated in this Agreement. A
party may change such address for the purpose of this paragraph by
giving written notice of such change to the other party. Facsimile
transmission shall constitute personal delivery.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Director of Public Works
Developer:
Palomar 13,\...,-c.
Mail: P. o. Box 3337
La Mesa, CA. 91944
Attn: Douglas K. Brundage, President
Robert C. Spriggs, vice-President
Physical Address: 8104 Commercial Street
La Mesa, Ca. 91944
A party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party in the
manner provided in this paragraph. Facsimile transmission shall
constitute personal delivery.
7.2 captions. captions in this Agreement are inserted
for convenience of reference and do not define, describe or limit
the scope or intent of this Agreement or any of its terms.
5
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7.3 Entire Agreement. This Agreement contains the
entire agreement between the parties regarding the subject matter
hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other
agreement between the parties unless expressly noted.
7.4 Preparation of Agreement. No inference, assumption
or presumption shall be drawn from the fact that a party or his
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the
preparation and/or drafting this Agreement.
7.5 Recitals; Exhibits. Any recitals set forth above
are incorporated by reference into this Agreement.
7.6 Attorneys I Fees. In the event of any dispute
arising out of this Agreement, the prevailing party in any action
shall be entitled to reasonable attorneys' fees in addition to any
other costs, damages, or remedies.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be execute the day and year first hereinabove set
forth.
city of Chula vista
Palomar 13, \.-- \-
Mayor of the City of Chula vista
Attest:
Name ~~
Title \),<-p \Q1-"-''=''T '
Beverly Authelet, City Clerk
Approved as to Form:
L Ih.
Bruce M. Boogaa ,City Attorney
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State of California )
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CollDty of San Diego )
On \\ ~ 4 ,AQ( ~ore/\me. Yicki S~er<luist. Denutv City Clerk.
personally appeared ~~ ~11.\l'o- ~~~
o personally known to me - OR - ?tt- proved to me on the basis of satistactory evidence to
be the person(s) whose name(s) isiolrl.:ubscribed to the within instrument and acknowled~ed
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by hislher/their signature(s) on the inslrument the person(s), or the entity IIpon behalf of
which the person eculed the instrument.
ALL-PURPOSE ACKNOWLEDGMENT
WITNESS my hand and official seal.
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EXHIBIT "A"
Property Description
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST' QUARTER OF THE
NORTHEAST QUARTER OF QUARTER SECTION 93, RANCHO DE LA NACION, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
SAN DIEGO COUNTY, MAY 11, 1869, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF QUARTER SECTION 93;
THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTH HALF, 218.56 FEET;
THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF SAID SOUTH HALF OF
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, 656.38 FEET, MORE
OR LESS, TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SAID QUARTER SECTION; THENCE NORTHERLY
ALONG THE WEST LINE 218.54 FEET TO THE NORTHWEST CORNER OF SAID
SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER;
THENCE EAST ALONG THE NORTH LINE OF SAID SOUTH HALF TO THE POINT OF
BEGINNING.
P:\HOMB\BNGINBBR\LANDDBV\PROPDBSC.GV
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ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item
/5
Meeting Date
11/21/95
Public Hearing: PCC-90-25M; Request for five year extension to an
existing Conditional Use Permit for an RV Storage Yard at 1375
Broadway, witbin tbe S-94 zone - Broadway Palomar RV Storage
Resolution Granting a five year extension for Conditional Use
Permit PCC-90-25M to Broadway Palomar RV Storage to operate a
storage yard for recreational vehicles at 1375 Broadway
Director of Planning !ltf
City Manager&jt~ (4/5ths Vote: Yes_No----X-)
f<~
Staff requests tbat tbis item be continued to tbe Council meeting of December 5, 1995.
/5-;
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COUNCIL AGENDA STATEMENT
Item / t
Meeting Date 11/21/95
Public Hearing: Conditional Use Permit PCC-95-48; request to construct
and operate a cellular communications facility located at 625 H Street
Resolution /8"I.2.? Granting a Conditional Use Permit, PCC-95-48, to
AirTouch Cellular to construct an unmanned cellular communications
facility at 625 H Street
SUBMITTED BY: Director of Planning ;?1Jt
REVIEWED BY: City Manager ~/V 1> (4/5ths Vote: Yes_No.lO
ft'
AirTouch Cellular is requesting permission to construct and operate a cellular communications
facility at 625 H Street, composed of a 950 square foot enclosure containing a 360 square foot
equipment building, and a 75 foot tall monopole supporting 30 directional (panel) antennas and
four digital (dish) antennas at the rear or northern boundary line of 625 "H" Street (see Exhibit
A).
ITEM TITLE:
The Environmental Review Coordinator concluded this project is a Class 3(c) and a Class 11
Categorical Exemption from environmental review per the California Environmental Quality Act.
RECOMMENDATION: That Council adopt the Resolution approving Conditional Use Permit
PCC-95-48.
BOARDS/COMMISSIONS RECOMMENDATION: At its 10/25/95 meeting, the Planning
Commission required a minor change of the Project and then voted 5-0-2 recommending that
Council approve Conditional Use Permit PCC-95-48 based on the attached City Council
Resolution and the conditions and findings contained therein.
DISCUSSION:
1. Site Characteristics
The site currently contains the Casa Salsa Restaurant, which sits approximately in the center of
the parcel, and the parking intended to serve this restaurant. It is fully landscaped with two
points of access at the eastern and western edges of the parcel frontage along "H" Street.
/6-/
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Page 2, Item / "
Meeting Date 11/21/95
2. Zoning and Land Use
Site
North
South
East
West
Zoning
CTD (Commercial Thoroughfare-Design)
CTD
CT (Commercial Thoroughfare)
CTD
CTD
Land Use
Restaur,ant
Trailer Park
Mixed Retail
Mixed Retail
Mixed Retail
3. ProDosal
AirTouch Cellular proposes to construct an unmanned cellular communications facility at the
northern comer of the parcel. The proposed facility will consist of an approximately 1,000 sq.
ft. fenced area containing a 360 sq. ft. equipment building and a 75 foot tall monopole
supporting a cellular antenna system holding up to 30 direction (panel) antennas and two digital
(dish) antennas. (Exhibits Bl and B2).
4. Similar Facilities
This facility is similar to the PacTel Cellular and U.S. West installations adjacent to 1-5 just
south of Anita Street, and the AirTouch and Nextel communications facilities atop Community
Hospital located at 751 Medical Center Drive. The primary difference between the facilities
adjacent to 1-5 and this one is that the 1-5 antenna arrays were placed atop 60 foot high
monopoles to ensure signal propagation whereas this will be a 75 foot high monopole.
5. Public Forum Results
On September 28, 1994, staff and the applicant held a public forum for the area residents. The
notice was sent to property owners and residents within 500 feet, which is the same as for the
public hearing. The purpose of the forum was to discuss the potential impacts of the cellular
communications facility on the neighborhood and to identify any relevant issues. No area
residents appeared. The only other person to appear besides City staff was Ms. Susan Lay,
AICP, representing AirTouch Cellular.
6. Planning Commission Recommendation
At its 10/25/95 public hearing, the Planning Commission required and the Applicant agreed to
delete the six whip antennas from atop the antenna array that had been part of the original
application. With the deletion of these whip antennas, it was felt, the overall visual impact of
the monopole would be reduced. They also required that the Applicant submit a type of
architectural and landscape package to the Zoning administrator so appropriate colors and
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Page 3, Item /1-
Meeting Date 11/21/95
landscaping could be approved. The conditions of approval reflect the actions of the Planning
Commission in the draft City Council Resolution of Approval.
7. Analysis
The proposed wireless facility will be located in an area of commercial zoning, specifically, CT
(Commercial Thoroughfare). However, the immediately adjoining parcel to the north contains
a small trailer park, which is considered to be a pre-existing, non-conforming land use. The 75
foot high monopole will be visible not only from the trailer park, but also from surrounding
properties, which are primarily commercial.
At staff's request, the Applicant searched for an alternative project location. Ten other sites
were investigated, not including the subject site, and rejected for various reasons. Attached to
this report is Exhibit CI, a map of western Chula Vista showing the search area and service
area, and Exhibit C2, a matrix of the sites considered, their characteristics and why each one
was rejected.
Staff is recommending approval of this project for a limited time (ten years) but with the
condition that the project be reviewed after the first five years with the intent to determine
whether or not the tower height can be lowered. This is in recognition of the substantial civic
and business related advantages that occur with enhanced communications abilities, which this
facility will provide. By filling in the current gaps in the system, the Applicant plans on
expanding the communications ability of area businesses, citizens and emergency services.
At the conclusion of the five year period, this Conditional Use Permit will be reviewed. By that
time it is anticipated that the system will have been even more enhanced and technology
improved to the point that the tower may be able to either be lowered or removed altogether.
8. Conclusion
Based on the foregoing analysis, staff is recommending approval for the following reasons:
1. From all available information, communications facilities such as that proposed
do not interfere with the reception of television or radio signals. However, in the
unlikely event that interference is experienced, the project is conditioned to be
reconsidered by the Planning Commission and/or the conditions of approval will
be reviewed and modified as appropriate.
2. The placement of such facilities enhances communications capabilities of
individuals, businesses and emergency services.
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Page 4, Item / ~
Meeting Date 11/21/95
3. The site may be able to accommodate other cellular facilities and a condition of
approval requires such co-location where feasible. If a second user applies to the
City to locate a similar facility on the same site, that application will eventually
come to the City Council for final consideration.
4. AirTouch will not have personnel present on-site on a permanent basis since there
are no living/ office spaces proposed as part of this project. The only time anyone
will be present is during construction of the facility and for periodic maintenance
after the facility is operational.
FISCAL IMPACT: The Applicant is paying all staff costs associated with this project.
Exhibits:
A. Locator Map
B 1. Site Plan
B2. Elevations
CI. Map Prepared by AirTouch Cellular of the Search Area Around the Proposed Site and the Alternate Sites
Considered by AirTouch
C2. Matrix of Alternate Sites Considered by AirTouch
D. Minutes from the Planning Commission Public Hearing of 10/25/95
E. Disclosure Statement
(m: \home\planning\martin\airtouch \hst\9548a.113)
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RESOLUTION NO. /8'/,;J..f"
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING A CONDITIONAL USE PERMIT,
PCC-95-48, TO AIRTOUCH CELLULAR TO CONSTRUCT AN
UNMANNED CELLULAR COMMUNICATIONS FACIliTY AT
625 H STREET
A. RECITALS
1. Project Site
WHEREAS, the parcel which is the subject matter of this resolution is
diagrammatically represented in Exhibit A attached hereto and incorporated herein
by this reference, and commonly known as APN 567-200-43, and for the purpose
of general description herein consists of 0.71 acres located at 625 H Street
("Project Site"); and,
2. Project Applicant
WHEREAS, on May 24, 1995 a duly verified application for a conditional use
permit (PCC-95-48) was filed with the City of Chula Vista Planning Department
by AirTouch Cellular (Applicant); and,
3. Project Description; Application for Conditional Use Permit
WHEREAS, Applicant requests permission to construct an unmanned cellular
communications facility consisting of a 950 sq. ft. fenced area containing a 360
sq. ft. equipment building with a 75 foot monopole supporting a cellular antenna
array holding up to 30 direction (panel) antennas and two digital (dish) antennas
(Project) on the Project Site; and,
4. Public Forum Record on Application
WHEREAS, a public forum was held on September 28, 1995 for area residents;
and,
5. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on October 25, 1995 and voted 6 to 0 to 2 recommending that the City
Council approve the Project in accordance with Resolution PCC-95-48; and,
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Resolution No.
Page #2
6. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the Project was held
before the City Council of the City of Chula Vista November 21, 1995 to receive
the recommendation of the Planning Commission, and to hear public testimony
with regard to same.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
B. PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning
Commission at their public hearing on this project held on October 25, 1995 and the
minutes and resolution resulting therefrom, are hereby incorporated into the record of
this proceeding.
C. ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has concluded that the project is a Class 3(c) and
Class 11 Categorical Exemption from environmental review pursuant to ~15303 and
~15311 of the California Environmental Quality Act.
D. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the environmental determination of the
Environmental Review Coordinator was reached in accordance with requirements of the
California Environmental Quality Act, the State EIR Guidelines, and the Environmental
Review Procedures of the City of Chula Vista.
E. CONDITIONAL USE PERMIT FINDINGS
The City Council of the City of Chula Vista does hereby make the findings required by
the City's rules and regulations for the issuance of conditional use permits, as
hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the
stated finding to be made.
1. That the proposed use at the location is necessary or desirable to provide a
service or facility which will contribute to the general well being of the
neighborhood or the community.
The proposed cellular facility is necessary to provide and maintain a quality cellular
phone system in the Chula Vista area. The AirTouch Cellular system is used by many
public service providers including sheriff, police, fire and paramedics.
The proposed facility will provide needed channel capacity in the area that will help to
ensure availability, not only for general users, but for emergency service providers. The
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Resolution No.
Page #3
requirement for mandatory sharing will eliminate or reduce substantially the need for
future tower or antennae sites elsewhere in the City.
2. That such use will not under the circumstances of the particular case, be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity or injurious to property or improvements in the
vicinity.
Cellular communications operate on low-power radio waves. Emissions from cellular
antennas have been shown to be below any levels that would cause hazardous biological
effects. In addition, cellular antennas emissions are so far below all recognized safety
standards that they constitute no hazard to public health or safety.
3. That the proposed use will comply with the regulations and conditions
specified in the code for such use.
Conditional Use Permit PCC-95-48 is conditioned to require the permittee and property
owner to fulfIll conditions and to comply with all the applicable regulations and standards
specified in the Municipal Code for such use.
The conditioning of PCC-95-48 is approximately proportional both in nature and extent
to the impact created by the proposed development in that the conditions imposed are
directly related to and are of a nature and scope related to the size and impact of the
project.
4. That the granting of this conditional use permit will not adversely affect the
general plan of the City or the adopted plan of any government agency.
The granting of PCC-95-48 will not adversely affect the Chula Vista General Plan in that
said project is proposed to be built on a site surrounded by commercial zoning, said uses
conforming with the General Plan.
F. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-95-48 subject to the
following conditions whereby the applicant and/or property owner shall:
1. Construct the Project as described in the application, except as modified herein
or to accommodate one or more similar uses, and/or as approved by the
Municipal Code.
2. Delete the whip antennas atop the antenna array.
3. Paint the monopole galvanized gray.
It~?
Resolution No.
Page #4
3. Prior to submitting building permit applications, submit plans for review and
approval to the Zoning Administrator for building colors, landscaping, screening
and architectural integration of the digital (dish) antennas with the antenna array.
4. Cooperate with other communications companies in co-locating additional antenna
on pole structures and/or on the tops of buildings provided said co-locatees have
received a conditional use permit for such use at said site from the City.
Permittee shall exercise good faith in co-locating with other communications
companies and sharing the permitted site, provided such shared use does not give
rise to a substantial technical level- or quality-of-service impairment of the
permitted use (as opposed to a competitive conflict or [mancial burden). In the
event a dispute arises as to whether permittee has exercised good faith in
accommodating other users, the City may require a third party technical study at
the expense of either or both the applicant and complaining user.
5. Comply with ANSI standards for EMF emissions. Within six (6) months after
the issuance of its occupancy permit, Applicant shall submit a project
implementation report which provides cumulative field measurements of radio
frequency (EMF) power densities of all antennas installed at subject site. The
report shall quantify the EMF emissions and compare the results with currently
accepted ANSI standards. Said report shall be subject to review and approval by
the Director of Planning for consistency with the project proposal report and the
accepted ANSI standards. If on review, the City finds that the Project does not
meet ANSI standards, the City may revoke or modify this conditional use permit.
6. Ensure that the project does not cause localized interference with reception of
area television or radio broadcasts. If on review the City finds that the project
interferes with such reception, the City may revoke or modify the conditional use
permit.
7. Provide one 2A: lOBC fire extinguisher at a location satisfactory to the Fire
Marshal.
8. Obtain all necessary permits from the Chula Vista Building Department and Fire
Department. The design of the equipment shelter and antenna array shall comply
with the requirements of the Zoning Administrator and with the edition of the
Uniform Building Code and the Uniform Fire Code in effect at the time of
issuance of any permit.
9. Comply with the City's Municipal Code noise standards. Within three (3) months
of the issuance of the occupancy permit, the applicant shall submit a report which
provides cumulative field measurements of facility noise. The report shall
quantify the levels and compare the results with current standard specified in the
Municipal Code for residential uses. Said report shall be subject to review and
approval by the Director of Planning for consistency with the project proposal
report and Municipal Code noise standards. If on review the City finds that the
It.--r
Resolution No.
Page #5
project does not meet the Municipal Code noise standards, the City may revoke
or modify the permit.
10. Resubmit this Conditional Use Permit to the Zoning Administrator for
reconsideration in the event Applicant submits for a conditional use permit for a
second tower within the service radius of subject tower as defined in Exhibit C 1
of the staff report.
11. This permit shall be subject to any and all new, modified or deleted conditions
imposed after approval of this permit to advance a legitimate govermnental
interest related to health, safety or welfare which the City shall impose after
advance written notice to the Permittee and after the City has given to the
Permittee the right to be heard with regard thereto. However, the City, in
exercising this reserved right/condition, may not impose a substantial expense or
deprive Permittee of a substantial revenue source which the Permittee can not, in
the normal operation of the use permitted, be expected to economically recover.
12. This conditional use permit shall become void and ineffective if not utilized or
extended within one year from the effective date thereof, in accordance with
Section 19.14.260 of the Municipal Code.
13. Applicant's failure to meet ANSI standards for EMF emissIOns or City's
Municipal Code noise standards or the interference with area reception shall
constitute grounds for revocation or modifications of this conditional use permit.
G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicant shall execute this document by signing the lines provided
below, said execution indicating that the property owner and applicant have each read,
understood and agreed to the conditions contained herein. Upon execution, this document shall
be recorded with the County Clerk of the County of San Diego, at the sole expense of the
property owner and/or applicant, and a signed, stamped copy returned to the Planning
Department. Failure to return a signed and stamped copy of this recorded document within ten
days of recordation to the Planning Department shall indicate the property owner/applicant's
desire that the project, and the corresponding application for building permits and/or a business
license, be held in abeyance without approval.
Signature of Property Owner
Date
Signature of Representative of
AirTouch Cellular
Date
H. ADDITIONAL TERM OF GRANT
J~ -1
I
I
Resolution No.
Page #6
This permit shall expire ten (10) years after the date of its approval by the City Council.
After the first five (5) years, the Zoning Administrator shall review this Conditional Use
Permit for compliance with the conditions of approval, and shall determine, in
consultation with the Applicant, whether or not the tower height can be lowered.
I. NOTICE OF EXEMPTION
The City Council directs the Environmental Review Coordinator to post a Notice of
Exemption and file the same with the County Clerk.
J. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated;
and that in the event that anyone or more terms, provisions or conditions are determined
by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this
resolution and the permit shall be deemed to be automatically revoked and of no further
force and effect ab initio.
--I
Arrf
Bruce M. Booga
City Attorney
b:Y
Presented by
Robert A. Leiter
Director of Planning
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PUBLIC HEARING o-IECK LIS[
PUBLIC HEARlNG DATE: / ~0~'
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SENT TO STAR NEWS FOR PU!3L1jATION n BY FAX-Lf/!!.; BY HAND_; BY MAIL _ lS
PUBLICATION DATE /P1m--
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MAILED NOTICES TO PROPERTY OWNERS ~? ~/:J~ NO. MAILED
PER GC ~S4992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
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COPIES TO:
Planning
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POST ON BULLETIN BOARDS
SPECIAL INSTRUCTIONS:
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CllY OF
CHULA VISTA
PLANNING DEPARTMENT
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL of
the City of Chula Vista, California, for the purpose of considering a conditional use permit for the property
located at 625 "H" Street behind the Casa Salsa Restaurant as depicted on the map duplicated on the reverse side
of this notice. The application, filed by AirTouch Cellular, requests permission to construct and operate a cellular
communications facility composed of a 950 square foot enclosure containing a 360 square foot equipment building
a 75 foot tall monopole supporting 30 directional (panel) anteunas, six omni-directional (whip) antennas and four
digital (dish) antennas.
The Environmental Review Coordinator has determined that the proposal is exempt from environmental review
as Class 3(c) and Class 11 exemptions pursuant to the California Environmental Quality Act.
Any written comments or petitions to be submitted to the City Council must be received in the City Clerk no later
than noon on the date of the hearing. Please direct any questions or comments to Project Plarmer Martin Miller,
Associate Planner, in the Plarming Departtnent, Public Services Building, Chula Vista Civic Center, 276 Fourth
Avenue, Chula Vista California 91910, or by calling (619)476-5335. Please include the Case Number noted at
the bottom of this notice in all correspondence.
If you wish to challenge the City's action on this application in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in written correspondence
delivered to the City Council at or prior to the public hearing described in this notice. A copy of the application
and accompanying documentation and/or plans are on file and available for inspection and review at the City
Plarming Department.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL ON
Tuesday, November 21, 1995, 6:00 p.m.
Council Chambers, Public Services Building
Chula Vista Civic Center, 276 Fourth Avenue
At which time any person desiring to be heard may appear.
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA)
The City of Chula Vista, in complying with the American With Disabilities Act, requests individuals who require special
accommodation to access, attend and/or participate in a City meeting, activity or service request such accommodation at least 48 bours
in advance fOf meetings and 5 days for scheduled services and activities. Please contact Nancy Ripley for specific information at (619)
691-5101. California Relay Service is available for the hearing impaired.
Date:
November 6, 1995
Case No:
PCC-95-48
SEE LOCATOR MAP ON REVERSE SIDE.
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276 FOURTH AVENUE' CHULA VISTA. CALIFORNIA 91910 . (619) 691-5101
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CHULA VISTA PLANNING DEPARTMENT
LOCATOR PROJECT Air Touch Cellular CONDITIONAL USE PERMIT
(!) Al'PUCANT,
PROJECT 625 'H' Street Requed: Cellular antenna facility composed of
AllORfSS, 360 sq. ft.equipment building and 75' tall monopole.
SCAl!, Fll! NUMBER,
NORTH 400' PCC. 95 .48
It? -/ J
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL of
the City of Chula Vista, California, for the purpose of considering a conditional use permit for the property
located at 625 "H" Street behind the Casa Salsa Restaurant. The application, filed by AirTouch Cellular,
requests permission to construct and operate a cellular communications facility composed of a 950 square foot
enclosure containing a 360 square foot equipment building a 75 foot tall monopole supporting 30 directional
(panel) antennas, six omni-directional (whip) antennas and four digital (dish) antennas.
The Environmental Review Coordinator has determined that the proposal is exempt from environmental review
as Class 3(c) and Class 11 exemptions pursuant to the California Environmental Quality Act.
Any written comments or petitions to be submitted to the City Council must be received in the City Clerk no later
than noon on the date of the hearing. Please direct any questions or comments to Project Planner Martin Miller,
Associate Planner, in the Planning Department, Public Services Building, Chula Vista Civic Center, 276 Fourth
Avenue, Chula Vista, California 9]910, or by calling (619)476-5335. Please include the Case Number noted
at the bottom of this notice in all correspondence.
If you wish to challenge the City's action on this application in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in written correspondence
delivered to the City Council at or prior to the public hearing described in this notice. A copy of the application
and accompanying documentation and/or plans are on file and available for inspection and review at the City
Planning Department.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL ON
Tuesday, November 21, 1995, 6:00 p.m.
Council Chambers, Public Services Building
Chula Vista Civic Center, 276 Fonrth Avenue
At which time any person desiring to be heard may appear.
Date:
November 6, ]995
Case No:
PCC-95-48
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5672"01900
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Exhibit A
Locator Map
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Chula Vista Ce ter
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CHULA VISTA PLANNING DEPARTMENT
LOCATOR :no Air Touch Cellular CONDITIONAL USE PERMIT
C) PlOJfCT 625 "Ii' Street llequutl Cellular anhtnna facility compand of
ADDIDS, 360 Ill. ft.equipment building and 75' IlIII mllnopol..
ICAL!: fI.! NUMlER:
NORTH "00' PeC- 95 ...8
.......
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Exhibit Bl
Site Plan
.
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Exhibit B2
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Exhibit Cl
.--
Map Prepared by AirTouch Cellular
of the Search Area Around the Proposed
Site and the Alternate Sites Considered
by AirTouch
.--
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Exhibit C2
Matrix of Alternate Sites
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EXIDBIT D
PLANNING COMMISSION MINUTES Of 10/25/95
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Excerot from Unaooroved PlanniDlz Commission Minutes of 10/25/95
ITEM 2.
PUBUC HEARING: CONDmONAL USE PERMIT PCC-95-48; REQUEST
TO CONSTRUCT AND OPERATE A CELLULAR COMMUNICATIONS
FACIUTY LOCATED AT 625 'H' STREET; COMPOSED OF A 950 SQUARE .
FOOT ENCLOSURE CONTAINING A 360 SQUARE FOOT EQUIPMENT
BUILDING, A 75 FOOT TALL MONOPOLE. SUPPORTING 30
DIRECTIONAL (PANEL) ANTENNAS, SIX OMNI-DIRECTIONAL (WHIP)
ANTENNAS AND FOUR DIGITAL (DISH) ANTENNAS - AirTouch Cellular
Associate Planner Miller gave the staff report and noted that staff recommended adoption of
Resolution PCC-95-48 recommending Council approval.
Commissioner Willett questioned how many similar facilities were in the City now, and if there
was a limit on height. Mr. Miller said there was no limit on the height; there was no height
criteria. He did not know the number of similar facilities in Chula Vista.
Commissioner Thomas questioned the size of the enclosure and the number and diameter of the
dishes. Mr. Miller indicated the enclosure is 950 sq. ft. and there were four dish antennas. He
deferred the question of the dish size to the applicant to be answered during the public hearing.
Commissioner Thomas asked if there had been any discussion regardingJandscaping or any type
of camouflage. Mr. Miller replied that most cities and the County had grappled with that and
nothing had come forward that was creative that would not be prohibitively expensive.
Commissioner Thomas questioned where it would leave the City if the applicant appealed to the
PUC. Mr. Miller said that according to the G0159 provisions, to request an exemption they
would be required to submit to the PUC. The City would have every recourse to prove that it
had not unduly delayed the project or had any bias against the applicant; that the decision was
based on sound land use principles.
Commissioner Thomas was concerned that a site half a mile away would not be sufficient. Mr.
Miller stated that they have to be rather exact. He noted locations of existing facilities in
National City and Chula Vista. The service areas of each location probably overlap somewhat
into the service area of the proposed site. It was his understanding that this would be for an
infllJ.
Commissioner Thomas felt the service area "circle" would move to the right if a location was
chosen which was a half a mile to the east. Mr. Miller concurred.
Commissioner Tarantino asked if any screening was proposed for the structure, in terms of trees
or landscaping. Mr. Miller answered negatively. The facility was located in the rear of the site
behind a restaurant which already had very good landscaping. Staff did not feel it justified any
landscaping because it would hardly be seen from a passing automobile.
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PC Minutes
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October 25, 1995
......"
Answering Commissioners Tarantino and Thomas, Mr. Miller said the residents of the trailer
park would only be able to see the tower. They would not be able to see the structure itself.
The patrons of the restaurant would be able to see it when they were parking. There would be
a fence, however, in front of the structure.
Vice Chair Ray asked if upon review in five years, technology had reached the point where the
site could be removed, AirTouch Cellular would remove the pole. Mr. Miller said that with
advances in technology, the requirements for height were not there. The towers would be
lowered or with more infill would be able to lower the tower heights. If the applicant requested
a second tower within that service area, theoretically, they should be able to lower the height
of this one. Staff would want to review that in cooperation with the applicant.
Vice Chair Ray asked if the City could force the removal of the towers if technology did not
require them. Mr. Miller said that digital technology is now being used in some cases; the
facilities are substantially smaller in scale and bulk. The subject application was an analog
system with different wattage requirements and different height requirements for the antenna.
Mr. Miller said a condition could be added that at the review period, if this type of pole were
not required for an analog system, it would be replaced with something smaller. However, there
was not anyone on staff with the expertise to make that determination. The City could hire a
third party consultant at the applicant's expense in order to get that professional input.
Answering Commissioner Willett's previous question regarding the number of sites in Chula
Vista, Mr. Miller stated there were six existing facilities, with two others anticipated. Over the
next several months, staff would be preparing some revisions to the zoning ordinance addressing
these facilities.
......"
This being the time and place as advertised, the public hearing was opened.
. Kevin McGee, 5355 Mira Sorrento Place #500, San Diego, representing AirTouch Cellular,
thanked the Planning Commission for dedicating the meeting to Susan Lay. Mr. McGee stated
this was AirTouch's fifth site in Chula Vista and was intended to improve the coverage in the
area between Interstate 5, Third, Fourth, and further into the residential area east. Chula Vista
currently is one of the weaker served areas. They had looked at 10 alternative sites. AirTouch
was limited to the commercial areas. Some of the sites were out of the service area, owners
were not interested, no room on the property for the facility within the existing building or the
limited lot area, adjacent to residential, or monopoles at approximately 100' in height.
Mr. McGee stated the proposed site was 225' back from the street, in a commercial area. A
trailer park is located behind a property. A public forum, which had been noticed 500' of the
property, had been held; no one attended. AirTouch had met with the owner/manager of the
trailer park, who had no objections. The trailer park had a problem with transients going
through the fence into their property; AirTouch would build a wall to eliminate that, and also
there would be lighting in the building.
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PC Minutes
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October 25, 1995
At the five-year review, the intent was that during the review the Design Administrator would
have the power to have AirTouch reduce the height of the tower; they were open to that. He
clarified that leased area would be fenced; the building itself was about 360 sq. ft., 10-112' tall;
it was not a problem for them to landscape, but one or two parking spaces may be lost; it would
not be desirable to remove the pole after five years, however, as more sites came into play in
the network over time, the height needed for each site would be reduced since each site would
require a smaller service area. The industry would have an interest in reducing the height
themselves, because if one service area overlapped another, it would cause interference
problems.
Mr. McGee showed slides and explained the structure of the whips, panel antennas, and dishes
and how many would be needed in a worst case condition, and those needed at the present time.
They recognized the cities did not want monopoles, but there were no buildings tall enough in
the area. He noted there were three different technologies which work very similarly but have
different frequencies which require distinct height requirements for their antennas to work.
Harriet Stone, 6566 Ridge Manor, San Diego, said she was one of those people who did not
want to put a 50' antenna in a residential area. She stated that because it was a 50' monopole
with 20' above that which had antenna, it was being considered a minor visual impediment.
Mrs. Stone said it was not minor; it was major. She questioned the notices mailed on September
25 for the public forum which was held on September 28, and felt that was reason enough to
postpone the existing public hearing. She did not feel 500' was enough area to notice. She
urged the Commission not to approve the monstrosity which would rise to 75' plus another 18'
to 20' of whip antennas. The people in the trailer park and the tenants in her apartment building
needed to be informed of the public forum. The applicant. was not offering the option of
camouflaging the area. The City of Chulil Vista had spent a considerable amount of money to
underground utilities to beautify Broadway and "H" Street. There was an ongoing program to
beautify the City, and this could impact people's sensitivity.
Vice Chair Ray asked staff to verify the noticing. Mr. Miller stated that staff complied with
Council's direction that residents of multi-family units be notified. The property owners of
record were notified, as well as tenants at the resident addresses. In addition to that, there is
no requirement at all for public forums. Staff makes a good faith effort to try to get the notices
out a week or ten days before the public forum. The date of the notice was dated September
20, 1995, which was an eight-day notice for this public forum. It was either mailed out on the
20th or 21st which would be at least a week's time. There is no State-mandated requirement
or Council requirement to hold public forums. This is something the Planning Department tries
to do as a service to the community.
Assistant Planning Director Lee stated that the 500 feet is Council policy; the State law is 300
feet, so the City goes well beyond the State-mandated designation to make sure the word gets
out.
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October 25, 1995
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Assistant City Attorney Moore noted the issue was whether or not the public hearing had been
property noticed. Staff had indicated it had.
Vice Chair Ray stated the public meeting was not a requirement; therefore, there was no
notification process mandated by the City or by the State. The only meeting mandated to be
noticed was the current meeting.
Mr. Miller said the Planning Commission meeting required a lO-day notice, which was actually
mailed on October 12. At her request, Mr. Miller showed Mrs. Stone a graphic of the 500' area
which had been notified. It included the areas which she had questioned.
Mrs. Stone asked if under the State law there had to be an environmental study.
Mr. Miller said this project was categorically exempt from environmental review.
Assistant City Attorney Moore stated that the noticing had been done in accordance with Council
policy which exceeds State law. There were numerous cases in State law which had found that
300' noticing was considered fair.
Mrs. Stone also noted that she was concerned about the 75 feet. She suggested 50 feet with
nothing above it. She thought it was a design that was undesirable, and it should be rejected
now.
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Commissioner Thomas asked Mrs. Stone the areas in San Diego which were camouflaged. Mrs.
Stone thought it was on Navajo in the middle of a business center. It had a solid looking top
without the things on top.
Commissioner Tarantino asked the height of the whip antennas. Mr. McGee of AirTouch said
they were proposed at 15 feet. Typically, they were 8 to 10 feet.
Commissioner Tarantino asked what color was being proposed. Mr. McGee replied they were
leaving it the metal color; over time it would oxidize and dull the finish, which would not reflect
light. The color was not an issue to them. They believed the grey tended to blend into the
horizon.
Mr. Miller stated staff's experience was that grey tended to blend into the background more
readily than green, blue, or tan.
Mr. McGee pointed out that Chula Vista was increasing in users; they covered the area poorly
at the present time; they were behind in demand; they needed the site for customer demand.
There was a large factor of citizens telling them they want the service. AirTouch understood
there were others who were directly impacted by the facility. They tried to be sensitive to that.
They could alter the site, but there would be consequences. They could reduce the number of
dishes; they could eliminate the whips; lower the tower 10 feet. By lowering the height, the ~
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PC Minutes
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October 25, 1995
coverage area shrinks. The eastern portion of the coverage area may not be of the desired
quality .
Commissioner Thomas asked if the property at 480 Fourth Avenue, the medical building, would
have given permission to put the disk on their roof. He didn't feel much would be lost on the
westerly side if it were moved a half mile east. He also asked what the facility would cost, as
pictured.
Mr. McGee said the building, the antennas, the monopole and the equipment inside would be
approximately $400,000, not including construction cost or overhead.
Commissioner Thomas asked if the whips at top were eliminated, two dishes would be efficient.
Mr. McGee explained the functions of whip antennas and dish antennas. They were asking for
four because as more sites came in the future and needed to connect through this site, it could
be done. They needed two.
Commissioner Thomas questioned if the whips were taken away, more panels would not be
needed. Mr. McGee concurred and said they would still maintain the same number of panels
as proposed.
Commissioner Davis felt the Planning Commission was looking at a need that had to be filled;
the location was a commercial area and did not have much effect on residential area; she thought
the Planning Commission should move forward. She felt the applicant needed to deal with the
number of whips and panels to get the coverage they needed.
Mrs. Stone returned to the podium to state the applicant had asked for the maximum. The
Planning Commission should give them the minimum, because there would be a lot of other
decisions to make about other installations. Once they were on the site, they would not be
leaving, but would come back before the Commission to ask for more installations. She urged
the Commission to make the conditions to lower the height of the monopole and eliminate the
whips.
Vice Chair Ray asked Mr. McGee what the minimum would be to suit their service needs as far
as the business corridor and the higher traveled freeways.
Michael Conin, Director of Engineering, AirTouch Cellular, S3S Mira Sorrento Place, San
Diego, stated they would need one dish approximately 65 feet on the monopole and no whips.
The building would still be the same. The cost of the facility would range in price from
$600,000 to $750,000 completed.
Commissioner Willett asked if the 65 foot minimum included the whip antennas on top. Mr.
Conin replied that it did not.
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PC Minutes
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October 25, 1995
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Commissioner Willett said that 65 feet would still give them their line-of-sight coverage. Mr.
Conin said it would still give them the coverage they needed for the existing technology, but
they were asking for antennas for a future technology. He had eliminated the future technology
by deleting the whip antennas.
Vice Chair Ray asked if at some future point in time, as opposed to raising the height of the
pole, they include the antennas, it would help keep them at the site longer to keep pace with
technology. Mr. Conin answered affIrmatively.
Commissioner Thomas again stated he felt the coverage would still be approximately the same
if the medical building were used. Mr. Conin said there were a number of issues with the
medical building. The search areas were very critical; the 3700 feet from the proposed site and
the medical building made a big difference. Topographically, the medical building is about 20
to 25 feet higher, plus the antennas could only be placed on top of the building. The coverage
in Chula Vista would probably be about the same, but being that much higher AirTouch Cellular
would see most of downtown San Diego and most of southern San Diego which would cause a
signifIcant amount of interference to the rest of the system.
Commissioner Thomas asked the distance from the outside of the circle (the service area) to
Interstate 5. Mr. Conin said it was approximately a mile.
Commissioner Thomas felt there would not be a major signifIcance. Mr. Conin stated it was '"""'
not that simple; moving in the service area would also move up a signifIcant amount which
would allow AirTouch to see too much of the system. There would be too much overlap
between it and the sites to the north. The FCC gives them a fInite number of channels to work
with, so those have to be re-utilized throughout the system. That causes co-channel interference.
Vice Chair Ray concluded they did not want a lot of overlap; they wanted to hit the fringes.
Mr. Conin said in 1985 when they fIrst designed the system, they wanted very high sites and
the initial sites were on Black Mountain or on 150' monopoles. Most of those antennas had
come down to about the 100' level, and AirTouch was trying to come down off the mountain
sites because they were causing so many interference issues in the system.
Commissioner Willett said he thought the buildings had a built-in fIre extinguishing system
which would be internally controlled. Mr. Conin verifIed that the fIre systems were internally
controlled.
Commissioner Davis clarifIed that if the Planning Commission denied the whip antennas, it was
for future development. Mr. Conin said they had no major issue with losing the whips. They
would go in initially with the panels instead. By lowering the monopole by 10 feet, they would
lose a set of antennas which meant they would lose the ability to use some future technology
with those antennas.
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PC Minutes
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October 25, 1995
Mr. Miller stated that by lowering the height of the two panel antennas by 10 feet, they would
be effectively cutting off the top set of panels. Mr. Conin said that visually six whip antennas
and 15 panels on top would be eliminated.
No one else wishing to speak, the public hearing was closed.
Commissioner Thomas agreed that he did not want to dictate that the whips be gone, but he was
leaning more on the concept, and asked if there were any other way to achieve this.
Commissioner Willett concurred with Commissioner Thomas on the concept. He thought the
question was whether reducing the height by 10 feet would hamper the transmission or receiving
as it was known today. In five years if technology were to change, by losing the 10 feet they
would be losing advanced planning. He would not agreed with that because of the expense of
going back up again.
Commissioner Thomas questioned the option of keeping the monopole at 75 feet and eliminating
the whips, and if that would achieve the goal. The engineer indicated that it would.
MS (ThomaslWillett) to approve the monopole at 7S feet, deleting the whips, putting some
aesthetically pleasing stucco on the portion of the building which showed above the fence
to make the structure more attractive, and granting the four dishes.
Commissioner Tarantino questioned why the applicant proposed a 75 foot pole, six whips, and
four dishes if he would be comfortable with 65 feet and no whips. The applicant stated they
believed in coming in with what they needed long term, not short term.
Commissioner Tarantino asked if the would see the built-out example shown them in the picture
within the next ten years. Mr. McGee said it would be very unlikely it would be built-out
within five years. There would be one dish and 15 panel antennas initially.
Commissioner Davis was prepared to approve what the applicant had proposed originally, which
meant she was against the motion. She was concerned that the applicant would have to come
back before the Planning Commission when they wanted to add something they needed long-
term. She thought it should be approved in the plan what they needed long-term, knowing it
would not all need to be there initially. She thought the City wanted to be business friendly and
let them get on with their job, providing the service to the people.
Vice Chair Ray asked Commissioner Thomas if he wanted the project to go through the Design
Review Commission. Commissioner Thomas thought it should be at the discretion of the
Planning Department.
Mr. Lee stated a condition could be added to require the applicant to submit the plans to the
Zoning Administrator prior to issuance of a building permit, with a direction that staff look at
the building materials and the location of the fence and poles. Mr. Lee said the Planning
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PC Minutes
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October 25, 1995
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Commission could still discuss a landscaping program. Since it was so far back on the property,
staff did not consider that. In tenns of providing a better screen to the parking lot and the type
of building materials, that could be taken into consideration.
Commissioner Thomas was concerned about reconstruction of the property in the future. Mr.
Lee believed because of the configuration of the property, any reconstruction of the property
would be very limited as far as visibility.
Commissioner Davis was concerned that more landscaping would eliminate parking spaces.
Commissioner Thomas clarified that his intent would be that the top part of the building which
showed over the fence would be stucco and maybe a wood fence. He did not like the front
poles, the chainlink fence, and the generic front on the building.
RESTATEMENT OF MOTION
That the Planning Commission approve a 75' tower, with no whip antennas, and that there
be some concern addressed to the aesthetic value, to let the Zoning Administrator make
those decisions; including in Condition H that the applicant resubmit this Conditional Use
Permit to the Zoning Administrator for reconsideration in the event applicant submits for
a conditional use permit for a second tower within the service radius of subject tower as
defined in Exhibit Cl of the staff report; and that at the conclusion of the five-year period, ,-.,
this conditional use permit be reviewed. If by that time the system has been even more
enhanced and technology improved, the tower may either be lowered or moved altogether.
The review will be done by a third party, and the cost will be borne by the applicant.
The second concurred.
Commissioner Tarantino asked what would happen if the applicant after five years decided they
. needed the whip antennas. Mr. Lee stated they would request an amendment to this conditional
use pennit.
Vice Chair Ray asked what an amendment would cost the applicant. Mr. Lee stated that a basic
conditional use pennit deposit would be $2,000 without environmental review. He thought
amendments were half that amount. The deposits were reviewed yearly and were refundable if
not used.
Commissioner Davis was concerned about deleting the whip antennas. She didn't feel they
should have to go through another public hearing if they needed it in the future. She was not
in favor of the motion.
Commissioner Thomas said he was comfortable in the applicant's comments that they would be
able to meet their goals.
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October 25, 1995
Mr. McGee clarified the whips were not needed; they would not be eliminating any future plans
or technology by eliminating the whips.
VOTE: 5-0 to approve (Commissioners Salas and Tuchscher excused)
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EXlllBIT E
DISCLOSURE STATEMENT
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'IHE c.. 'i OF 0fUlA VISTA DISa.osURE S'l,u'EMENT
You arc required to file a 51alcmcnl or Disclosure or certain ownership or linancial interests, paymcnts, or campaign
contrihutions, on all mailers which will require discrctionary action on the part or the City Council, Planning Commlssion, an"""'"
all other official bodies. The following Inrormalion mUSI be disclosed:
I. List the names or all persons having a linancial Interest in the property which is the subject or the application or the
contract, e.s., owncr, applicant, conlractor, subcontractor, material supplier.
Airtouch Cellular
Sin Fin Corporation
. 2. If any person. identilied pursuanlto (I) above is a corporation or partnership, list the names or all individuals ownlns
more tban 10% of the shares in tbe corporation or owning any partnersbip Interest In tbe partnership.
3. Ir any person. Idcntified pursuanl 10 (I) abovc is non-profil orsaniution or a Irust, lisltbe names or any person
serving as direclor of the non-profit orsanization or as trustee or beneficiary or trustor of tbe trust.
--...
4. Have you bad more than S250 wonh or business transacted wilh any member or the City staU, Boards, Commissions,
Commlllees, and Council within the past twelvc months? Yes_ NoL Ir yes, please indicatc person(s):
S. Please identify each and evcry person, including any asents, employees, consultants, or Independenl contractors who
yOu bave assigned to rcprescnl you before tbe City in Ihis mallcr.
Kevin McGee/Airtouch Cellular
Susan K. I.av/S B & 0, Inc.
6. Have you ancllor your officers or asents, In tbe allrcsate, contributed more tban SI,OOO 10 a Councilmember In Ibe
current or precedlns election period? Yes_ No.2L, It yes, Slate whlcb Councilmel!'ber(s):
Date:
7/'2-3 / III '3
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· ... (NOTJ:!: Aatadl addltJoaaJ .... . e<
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tsnalure or contractor/llppUcanl
........
Kevin McGee/Airtouch Cellular
Print or type name of conlraClor/llppllcanl
· fmm Is d4i-Id.... "A'I)I/n1lividMlIl, fin... <o.pIII1It<nIUp,}oW......... --1JIl, _iIIJ dub, fr-r"" ""..,1iud0tl, <"'/'Of'IIIDn. _ _ .........1)ftdi<1U<,
1IoiI_ -1)I1NJw ~. <iIy - '''''''''Y. <Ity mwtkipmlry, ~4 DI 011,,,; tKJIili<1II111bdi1ViOtl, DI """ INJw ,.,." DI<Dlllbilllllion <<tint ... . 1IIIiL"
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COUNCIL AGENDA STATEMENT
Item J 7
Meeting Date 11/21/95
ITEM TITLE:
Public hearing to form Open Space Maintenance District No. 33,
Broadway Business Home Village
8.
Resolution J 8'/"< 7 Ordering the improvements and the formation of
Open Space Maintenance District No. 33, Broadway Business Home
Village, confirming the district diagram and levying the assessment and
collectible for Fiscal Year 1996-97. >\\O~
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Ordinance .('~5.Jamending Section 17.07 of the Chula Vist~Mtil~pal
Code allowing use of Open Space for parking lot mai~l:e.
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SUBMITTED BY: Director of Public Works
REVIEWED BY:
City Manager
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(4/5ths Vote: Yes_No..XJ
On October 24, 1995, by Resolution No. 18085, the City Council approved the Engineer's
report on the proposed Open Space District No. 33, Broadway Business Home Village and set
November 14 and 21, 1995, as the dates for the public hearings on the proposed formation.
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An additional tentative public hearing date was set for December 12, 1995, but will not be held
at the request of the Citrons as authorized by the City Attorney.
RECOMMENDATION: That Council:
1. Open the hearing, take testimony and close the hearing.
2. Place Ordinance on second reading.
3. Accept Waiver Release and Indemnity from Broadway Village Homes, L.P. (Citrons).
4. Approve a resolution ordering the improvements, forming the district, confirming the
district diagram, and levying the FY 1996/97 assessment at $1,029.00 per unit per year
and the collectible at $686.00 per unit per year for Open Space District No. 33.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Background
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. Open Space District No. 33 (OSD-33),
Broadway Business Home Village is located on the west side of Broadway between J Street
and K Street. OSD-33 consists of the following improvements:
17-)
Page 2, Item / 7
Meeting Date 11/21/95
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. vmes;
10. miscellaneous planting;
11. annual color;
12. miscellaneous;
The Engineer's report (attached) which was approved by Resolution 18085 includes the
following:
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 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. This mixed-use (commerciallresidential)
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. Although $6901EDU is a high assessment amount for a residence, it is within the
range of assessments for existing commercial parcels in similar open space districts:
Average Parcels
Town Center $5501Parcel 81
Bay Boulevard $3,000IParcel 4
Typically, the assessment amount is higher for districts consisting of fewer units maintaining
manicured landscaping such as annual color plantings, vines and trellises and parking lots
including sweeping. This type of maintenance is proposed for this district.
The amount collected against the assessment 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, Units 1 & 2 costs spread
/7-~
Page 3, Item J?
Meeting Date 11/21/95
among 18 business homes. Both units are included based on schedule information provided
by the developer. The amount collected will be adjusted to include the cost of maintenance
for the entire project in FY 97-98. The Engineer's report contains a detailed description of
improvements, the boundaries, total cost estimate, cost breakdown and spread thereof.
Ordinance
In order to maintain open space that consists primarily of a.c. paving for a parking lot, a minor
amendment to the Municipal Code is necessary to include paving clearly within the definition
of an open space improvement. Staff recommends the change be limited to Redevelopment
projects promoting mixed-uses, such as the Broadway Village Business Homes. This is
recommended as an economic benefit to the business community.
Wavier and Indemnitv
In order to expedite the formation of Open Space Maintenance District No. 33, Broadway
Business Home Village, the Citrons requested a waiver of the 45 day notice to interested
property owners of the public hearings as called for in the Streets and Highways Code Section
22556 and Government Code Section 54954.6. Upon approval of Waiver and Indemnity, the
Citrons waive any and all right to the full 45 day notice of the public hearings and release the
City from any liability in connection therewith. The Redevelopment Agency of the City and
the Citrons are currently the only parties having affected property interests.
Notice
Letters have been sent to the Redevelopment Agency of the City of Chula Vista and Broadway
Village Business Homes, L.P. (Citron) informing them of the public hearings, the proposed
assessment, the proposed assessment per parcel and informing the owner of the right of
majority protest to abandon the proceedings.
FISCAL IMPACT: 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 $24,695.00, which includes a 10% contingency. This cost 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.
The City Attorney requests the Council be reminded that the risk exists that future increases
may eventually be subject to majority protests, precluding us from collecting sufficient funds
to maintain the District at the level currently planned. Also, the Jarvis Group is attempting to
make assessments subject to a super majority vote requirement of the assessees, which if it
comes to fruition, could further enhance the rise of non-collectibility of the assessment. The
/7- 3
Page 4, Item J 7
Meeting Date 11/21/95
risk could be mitigated by allowing a H.O.A. to "spring to life" when needed (say 10 years),
but the developer objects to putting such a clause in the CC&Rs.
Attachments:
Exhibit A - Area Plat
Exhibit B - Engineer's Report
Exhibit C - Proposed Ordinance (amending Section 17.07)
(M:\HOME\ENGINEER\AGENDA\OSD33PH2.BOB File; 0725-30 WO# 08038)
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ENGINEER'S REPORT FOR THE PROPOSED OPEN SPACE
DISTRICT NO. 33, BROADWAY BUSINESS HOME VILLAGE
)?-~
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
is proposed to be constructed 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 1996Y>
B. PHASE 1 UNIT 2
Phase I 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 1998Y>
(1) Turnover of improvements occurs no sooner than after a one year maintenance period following completion of
improvements, as determined by the City. Maintenance bonds are required.
/7-?
IV. MAINTENANCE ITEMS
A. Definitions
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.
/?-lr
V. COST ESTIMATE
The estimated annual cost for Open Space District No. 33 is as follows:
Proposed Date to
~ !lni1s. Annual Cost Inteeration to District
1 Unit 1 6 $ 6,174.00 December, 1996
1 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 attachment 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 (BDU) 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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WAIVER AND INDEMNITY
The undersigned, Broadway Village Business Homes, L.P., a California limited partnership, and
Josef A. Citron, an individual, and Lenore S. Citron, an individual (collectively, the "Indemnifying
Parties") hereby acknowledge and agree as follows:
I. In order to reduce the costs, risks and delays involved with developing a 36 unit Business
Homes project ("Project") at 760 Broadway in the City of Chula Vista ("City"), Indemnifying Parties
requested that City form an assessment district ("Assessment District") that would maintain certain
parking and landscape areas of the Project.
2. In order to expedite City processing of the Project and formation of the Assessment District,
Indemnifying Parties requested that the City shorten, on their behalf, the 45 day notice to interested
property owners of the public hearings on Assessment District formation called for in Streets and
Highways Code Section 22556 and Government Code Section 54954.6. City is willing to accommodate
Indemnifying Parties' request in light of the fact that the City's Redevelopment Agency and the
Indemnifying Parties are currently the only parties having affected property interests and provided that
Indemnifying Parties sign this Waiver and Indemnity.
3. Indemnifying Parties acknowledge (a) their attendance at the October 24, 1995 City Council
meeting at which the City adopted a Resolution of Intention in connection with the proposed formation
of the Assessment District, (b) having actual knowledge as of October 24, 1995 of the dates set for the
public hearings ("Public Hearings ") on the formation of the Assessment District which are November 14
and 21, 1995, and (c) subsequently receiving written notice of such Public Hearings from the City dated
October 27, 1995.
4. Indemnifying Parties waive any and all right to the full 45 notice of the Public Hearings
described above and release the City from any liability in connection therewith. Indemnifying Parties
further agree to indemnify, protect, defend and hold the City harmless from and against any and all
claims, liabilities and costs (including reasonable attorneys' fees and court costs) arising directly or
indirectly from challenges to the validity or effectiveness of the City's formation of the Assessment
District. This waiver and indemnity will be binding on Indemnifying Parties successors and assigns.
ACKNOWLEDGED AND AGREED AS OF November Li 1995:
BROADWAY VILLAGE BUSINESS HOMES, L.P.,
a California limited partnership
By:
Citron Realty Management Corporation,
a Californ' corporation
Josef A. Citron, an individual
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Lenore S. Citron, an individual
- 'J 1 "tf._/d t;ltl'~~
ore S. Citron'
By'
e ore S. CitrlfO, Vice-President/Secretary
bzhome.ind
/7-//
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AN ORDINANCE OF THE CITY OF CHULA VIST~A ~ING
SECTIONI7.070FTHECHULA VISTA MUNICIPAL CODE OWING
USE OF OPEN SPACE DISTRICTS FOR PARKING LOT TENANCE
~~,
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ORDINANCE NO.
dt5Y
SECTION I: That Section 17.07.040 is hereby amended to the Chula Vista Municipal
Code to read as foIlows:
Sec. 17.07.040 Change to Streets and Highways Code Section 22525.
"Improvement" means one or any combination of the foIlowing:
(a) The instaIlation or planting of landscaping.
(b) The instaIlation or construction of statuary, fountains, and other ornamental
structures and facilities.
(c) The instaIlation or construction of supplemental public lighting facilities, but not
limited to, traffic signals.
(d) Native plantings and open space areas, including natural drainage facilities.
(e) 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, but not limited to, grading, clearing, removal of
debris, the instaIlation or construction of curbs, gutters, walls, sidewalks, or
paving, or water, irrigation, drainage, or electrical facilities.
(f) The installation of park, recreational, or open space improvements, including, but
not limited to, all of the foIlowing:
(1) Land preparation, such as grading, leveling, cutting and filling, sod,
landscaping, irrigation systems, sidewalks, and drainage.
(2) Lights, playground equipment, play courts, and public restrooms.
(g) Pavement associated with parking for mixed-use projects within a Redevelopment
Area where private ownership and operation is impractical or infeasible.
(h) The maintenance, servicing, or insurance costs of any of the foregoing.
(i) The acquisition of land for park, recreational, or open-space purposes.
/7//)
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(j) The acquisition of any existing improvement otherwise authorized pursuant to this
section. .
SECTION II: This section shall take effect and be in full force on the thirtieth day from
and after its adoption.
Presented by
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17..-1~;2,
13L\
RESOLUTION NO.
/~/..27
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE IMPROVEMENTS AND THE
FORMATION OF OPEN SPACE MAINTENANCE DISTRICT
NO. 33, BROADWAY BUSINESS HOME VILLAGE,
CONFIRMING THE DISTRICT DIAGRAM AND LEVYING
THE ASSESSMENT AND COLLECTIBLE FOR FISCAL YEAR
1996-97
WHEREAS, as a condition of the Development Agreement, the
developer of Broadway Business Home Village, has petitioned for the
formation of an open space district in accordance with the criteria
contained in Chapter 17.07 of the Chula vista Municipal Code,
incorporating in substantial part the Lighting and Landscaping Act
of 1972 (commencing at section 22500 of the Streets and Highways
Code); and,
WHEREAS, on October 24, 1995, by Resolution No. 18085,
the city Council approved the Engineer's Report on the proposed
open Space District No. 33, Broadway Business Home Village,
consisting of all property located on the west side of Broadway
between J Street and K Street, and calling for an engineer's report
to describe the improvements and declared its intention to order
the formation of the assessment district at public hearings to be
conducted on November 14, 1995 and November 21, 1995, in accordance
with the provisions of section 22587 of said Act; and,
WHEREAS, the city Clerk has given notice of said public
hearing by causing the resolution of intention to be published,
posted and mailed as provided in section 22556; and,
WHEREAS, on November 14 and November 21, 1992, the city
Council conducted public hearings and afforded all interested
persons the opportunity to hear and be heard, and considered all
oral statements and written protests or communications made thereat
or filed by any interested person and received any and all protests
regarding the formation of the district and the levy of the
proposed assessment; and,
WHEREAS, at said public hearings the City
overruled any protests and ordered the improvements to be
the formation of Open Space Maintenance District No.
confirmed the diagram of the District.
Council
made and
33 and
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby order the formation of Open
Space Maintenance District No. 33, confirm the district diagram and
levying the FY 1996/97 assessment for said district (with respect
to all 36 proposed units) at $1,029.00 per unit per year and the
1
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collectible at $686.00 per unit per year as set forth in accordance
with Article 4 of Chapter 1 of the Landscape and Lighting Act of
1972 for open Space District No. 33 and Chapter 17.07 of the Chula
vista Municipal Code contingent upon Ordinanace No. 2653 taking
effect and being in full force on the thirtieth day from and after
its adoption, to-wit: December 21, 1995.
BE IT FURTHER RESOLVED that the collection for the
1996/97 fiscal year assessment shall be made from the 18 proposed
units in Phase 1 (Unit 1 and Unit 2).
BE IT FURTHER RESOLVED that the City Council of the city
of Chula vista does hereby accept the waiver Release and Indemnity
from Broadway Village Homes, L.P.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
ttorney~
C:\rs\OSD33.for
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council Agenda statement
Item: 18
Meeting Date: November 21, 1995
Item Title: Ordinance No. 2654 - AMENDING THE CAMPAIGN
CONTRIBUTIONS ORDINANCE TO CLARIFY THE
CONTRIBUTIONS LIMITATION WHEN TWO ELECTIONS FOR
DIFFERENT TERMS OF OFFICE FOR THE SAME SEAT ARE
OCCURRING SIMULTANEOUSLY, TO APPLY THE CITY'S
CONTRIBUTIONS PROHIBITIONS AND LIMITATIONS TO
INDEPENDENT EXPENDITURE COMMITTEES, AND OTHER
CHANGES.
Submitted by: Bruce M. Boogaard, City Attorney
Agenda Classification:
( ) Consent
(XX) Action Item
( ) Public Hearing
( ) Other:
4/5ths Vote: ( ) Yes (X) No
With the simultaneously occurring general and special elections
coming in March, 1996, questions from potential candidates have
arisen as to the operation of the City's campaign contributions
ordinance which can and should be resolved by the Council action
rather than legal interpretation.
Issues, analysis and recommendations are contained herein.
Recommendation: Debate and as appropriate, adopt all or part of
the attached ordinance containing the following changes:
Change No.1: Treat simultaneously occurring multiple
elections for different terms for the same seat as a "single
election" for the purpose of the $250 per person limitation.
Change No.1 (A). Make Change No.1 retroactively
applicable for contributions received in this campaign
cycle prior to effective date of this ordinance,
requiring a return of any contributions in excess of
limits.
Change No.2: Make the $250 per person limitation apply on
a per (pending) election event basis instead of the "per election
period" basis. Contributions for speculative election contests,
such as run-off elections during a general election campaign
period, would be disallowed.
Change No.3: Prohibit advancing contributions for
/8'-(
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i
Meeting Date: 11/21/95
Page 2
prospective campaigns to avoid the contributions limitations.
Change No.4: Allow the maximum $250 per person per
election event contribution limitation to apply for up to two
months after the election event to the extent necessary to repay
campaign indebtedness.
Change No.5: Allow a candidate to transfer funds from a
campaign for a general or special election contest to his or her
consequent runoff contest if the candidate is eligible to
participate in the runoff.
Change No.6: Make the organizational prohibition on
contributions and the $250 limit on individual contributions
apply to independent expenditure committees1 if the contribu-
tions to same, or a comparable amount of other funds, are
intended to be used for the promotion of a particular candidate
for city office.
other minor wording changes are proposed as marked on Exhibit A.
Boards and commissions Recommendation:
The Ethics Board has recommended applying the current
individual limits and organizational prohibitions to independent
expenditure committees.
Discussion:
The current and proposed changes are shown in the attached
ordinance as are other miscellaneous wording changes.
change No.1. Multiple Elections for Different Terms for the
Same Seat.
In March, 1996, we will be conducting two types of election
at the same time but for different terms: (1) a general
municipal election for the full four year term ending December,
2000 ("Full Term Election"), and a special municipal election for
a short term ending December, 1996 ("Short Term Election").
Several potential candidates interested in the March, 1996
1. An IEC is one that is not working "at the behest of" the
candidate it supports.
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Meeting Date: 11/21/95
Page 3
election have questioned how the limitation provisions2 will
apply to that election.
Two elections on the same day for different terms of the
same seat will add little additional expense to a candidate
running simultaneous to be elected to both terms: a singular set
of signs for name recognition will be needed; the same mailers of
the same approximate size (as when a single election is held)
will be needed; the same registered voter information and labels
will be needed; the same advertisements will be needed; the same
doors will need to be knocked on; etc.
Furthermore, there is an equity in making the rules clear
well in advance of the election. This way, all candidates and
contributors will be governed by the same set of rules thus
preventing the situation where one candidate claiming a more
liberal interpretation of the existing language, would
effectively be able to double the limitation to the competitive
disadvantage of an opposing candidate with a more conservative
interpretation.
Therefore, as Change No.1, the proposed clarification
contained in the attached ordinance provides that, for the
purposes of the monetary limitations contained in the ordinance,
multiple elections concurrently held for different terms of the
same seat shall be treated as a single election, thereby imposing
a $250 per person limit on contributions in such cases (herein,
the "simultaneous Multiple Elections Rule").
This Change also permits a single reporting form for the
March election.
change No.1 (A).
Retroactive Application of Chanqe No.1
If the council is inclined to agree with this proposed
clarification, there is an issue of retroactive application of
the new rule which the Council will need to decide: What if a
candidate has already, and prior to the clarification ordinance
becoming effective, received a contribution from one person in an
amount in excess of $250 but less than $500 in reliance on the
interpretation that the limit applies independently to each
election?
We have no evidence that any such situation has yet
2. There are time limits on contributions: 11 months before the
election; and monetary limits: $250 per person.
;?}
/-,. ,
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, !
Meeting Date: 11/21/95
Page 4
occurred.
We recommend that the Council declare that the amendment is
a clarification of existing law and apply it retroactively for
this election contest. Accordingly, any amount received prior to
the effective date in excess of $250 from a single contributor be
required by the candidate to be returned to the contributor.
Change No.2. Make the contributions Limit Applv on a Per
Election Basis.
The rate at which contributions are currently limited is
$250 per "election period":
2.52.050 Limitation on contributions from Persons.
B. Monetarv Limitation for Makinq contributions.
No person shall make to any candidate for City elective
office, and no such candidate shall accept from any
person, a contribution or contributions totalling more
than $250 in any sinqle election period. To the extent
federal law prohibits limitations on expenditures, this
ordinance is meant to be consistent with federal law.
(emphasis added)
Subsequent amendments have made it seem as though a "per
election event" basis was intended, as explained below, and I
would recommend that we amend the ordinance to more directly
state same.
A "single election period" is defined in section 2.52.040
("Definitions") (F), which provides:
F. "Election Period" means the entire time period
between elections for the City elective office.
This would include the time period between each
election for the same elective office, including
separately as applicable, each primary,3 general,
3. We don't have primaries at the city level. We have generals,
and then runoffs, if a clear winner isn't declared. If the "per
election period" concept remains, this word needs deletion, and
the short election period runoffs should be specifically added,
although it might fall within the concept of "other" as used
later in this sentence.
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recall or other election4 for that office.
Hence, while normally, an election period would be a four
year term, if the office holder were recalled, or the office
otherwise became vacant, the nominal four year term was shortened
to the time for the special election, thereby allowing Contribu-
tor X to contribute $250 for Candidate A in the original elec-
tion; and assuming a recall attempt on Candidate A, Contributor X
could contribute another $250 to Candidate A to help deter the
recall effort, even though it might be within the nominal 4 year
term.
But as provided, the language was ambiguous enough to
prohibit Contributor X, who gave $250 to Candidate A in a general
municipal election for Seat No.1, 2 years later, from giving
Candidate A another $250 for a Mayoral race, since it was still
within the nominal four year "election period" for Seat No.4.
To address this presumably "unintended" risk caused by the
"election period" concept, the Council amended Section 2.52.050
to add subparagraph (Cl, to allow the contribution:
C. Notwithstanding subsection B, when a candidate is
running for reelectionS or the office of mayor or
the mayor is running for a council office, he or
she may accept contributions of up to $250 from
contributors to his or her prior candidacy."
4. Presumably, this could include special elections to fill a
vacancy, special runoff election and/or general runoff elections.
5. This word is a point of confusion because it seems to say
that notwithstanding the prohibition on giving more than $250 in
an election cycle, a candidate running for "reelection" can get
another $250 from the same contributor. But then, you can't run
for reelection until you've won a prior election, in which case
the new election period would start again anyway, even if the
first election was a special election to fill a vacancy!
6. with the "election specific" rule proposed above, this
section would no longer be necessary. It appears to be written
prior to the "Time Limitation" on contributions in Paragraph A
(11 months), and clearly was written before the run-off election
criteria. This paragraph is getting to the notion that the
contributions limitation, prior to run-off elections, were
election specific, and not candidate specific, so that one
(continued. . . )
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This was an attempt to make the contributions limitation as
"election specific" (i.e., make the $250 limit applicable to each
election) as needed under the circumstances--there were no
runoffs at that time. But with the advent of run-off elections
which can now occur within the typical 4 year election cycle, and
now, even within the 11 month rule, it seems fair to abandon the
"election period" concept and make the limitations provision
"election-specific".
In this way, contributor X may be able to give $250 to
Candidate A for a primary election to Seat No.1, but if his/her
candidate does not win by a clear majority, contributor X will be
able to give an additional $250 to Candidate A for the requisite
run-off election. If Candidate A is unsuccessful in that race,
but runs in a special election for vacant Seat No. 2 within 1
year, contributor X can give another $250 for that contest
without question that it may be a prohibited contribution within
the "election period" for Seat No. 1. Say Candidate A now wins
the special election and, in the next 1 1/4 years, Candidate A
wants to run for mayor, contributor X can give another $250 for
that contest also.
Hence as proposed Change No.2, Section 2.52.050 (B)
("Monetary Limitation for Making contributions") would read:
"B. No person shall make to any candidate for city elective
office, and no such candidate shall accept from any
person, contribution or contributions totalling more
than $250 for a sinqle election contest. iH aHY GiH~lc
clcctisR ~criod.7 To the extent federal law prohibits
6. ( . . . continued)
contributor could contribute up to $250 to Candidate A's bid for
Seat No. 1 at any time in a 4 year period (later limited to 11
months) and another $250 to Candidate A's bid for Seat No. 2 (say
the Mayoral Seat) in the 4 year period, should a vacancy arise.
7. The rate at which contributions were limited used to be $250
per 4 year election cycle. ("Single Election period" meant the 4
year term of office.) Later, subsection C, below, was written to
allow another $250 contribution from the same person to the same
candidate if the councilperson was running for a different seat,
usually the Mayoral seat, or rerunning for his/her same seat in a
different term. In essence, this was an attempt to make the
contributions limitation "election specific" (i.e., make the $250
limit applicable to each election.) without specifically saying
(continued... )
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Page 7
limitations on expenditures, this ordinance is meant to
be consistent with federal law."
If the "per election event" basis for limitations is
adopted, we could and should also delete subparagraph C and D
which now reads as follows:
"c. Notwithstanding subsection B, when a candidate is
running for reelection for the office of mayor or the
mayor is running for a council office, he or she may
accept contributions of up to $250 from contributors to
his or her prior candidacy."
D. Notwithstanding Subsection A, where a special election
is called to fill a vacancy, contributions shall be
permitted from the date the vacancy is declared by the
city council to the date of the election."
The point is, that with all the exceptions written into the
current ordinance modifying the "per election period" basis for
limiting contributions to a "per election event" basis, Change
No. 2 is not a significant change, but merely a more direct way
of wording the constraint, and more adaptable to an environment
where we are getting more elections vis a vis runoffs.
Change No.3: Prohibit Advancinq contributions For Prospective
Campaiqns.
The existing ordinance does not specifically prohibit
contributor X from contributing, on Day 1, his or her limit of
$250 to Candidate A for the general municipal election in 1996
and, at the same time, contributing another $250 to Candidate A
for the anticipated runoff election in 1996 should Candidate A
not be the "clear winner".
Prior to the advent of runoff election, we did not face this
problem because the 11 month time limit on contributions being
7. (. . . continued)
so. But with the advent of run-off elections which can occur
within the typical 4 year election cycle, and now, even in the 11
month rule, it seems fair to make the limitation election
specific. In this way, Contributor X may be able to give $250 to
Candidate A for a primary election, but if their candidate does
not win by a clear majority, Contributor X will be able to give
an additional $250 to Candidate A for the requisite run-off
election.
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Page 8
received in advance of an election event prohibited it.
But with runoffs being conducted within three months of the
predecessor general or special election so that there would be
coextensive times within 11 months of each, this adverse scenario
could produce an unregulated "loophole".
To cover such a risk, I recommend not permitting a
contribution to be received sooner than the time at which the
need for the election became certain, such as with a "call" of
election.
section 2.52.050 (A), could be amended to add the phrase:
". . .but in no event sooner than the date upon which the
holdinq of the election contest becomes certain. "
Change No.4: Permit Post-Election Contributions (Up to $250) to
Reduce Campaiqn Debts for Two Months.
Under the current structure, the contributions limitation of
$250 per person applies between elections, and under a literal
interpretation of the ordinance, as of the date after the
election, resets at $0. A candidate capable of commanding post-
election contributions to defray debts is tempted, perhaps
justifiably, to solicit same.
If a "fresh" contributorB makes a contribution in the new
election cycle, but right after the old election to help defray
the costs of the old election, there won't be a violation of the
11 month time limitation9 or the old "per election period"'o or
the new "per election event" limit.
8. One who has not contributed any pre-election funds.
9. 2.52.050 (A) provides:
"No person shall make to any candidate for City elective
offices, and no such candidate shall accept from any person,
a contribution sooner than eleven months preceding the
election for which the contribution is made or intended."
10. Because a new election period has started. It may cause
aggregation problems for the candidate in the election 4 years
from now.
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But if a "tapped out" contributor11 wants to make the same
post election contribution, if it were allowed on the theory that
a new election period had begun and the limit had been reset to
$0, it would seem to be an abuse of the $250 per person
contribution philosophy as well as the early contribution
philosophy.
And if a "partial" contributor12 wants to make a post
election contribution, if it were not allowed on the theory that
it was not within the 11 month time limit for the next election
cycle, it would seem to be an unfair limit on the right of the
candidate to recover costs of campaigning.
Rather than struggle with interpreting how the existing
regulatory framework attempts to deal with the post-election
contribution, I suggest we determine what is a fair method and
articulate it in the ordinance. Toward that end, I would
recommend (1) prohibiting the post-election contribution from the
"tapped out" contributor; (2) permitting the "fresh contributor"
and the "partial" contributor to make a post-election
contribution up to the personal limit of $250; but (3) only to
the extent necessary, on a cumulative basis, to retire campaign
debts, prohibiting any subsequent post-election contributions
after that; (4) or if it can be done within 2 months after the
election (at which time the contribution activity should cease
until the next election).
In order to accommodate Change No 4, section 2.52.050 (A)
could be modified to read:
"No person shall make a contribution to any candidate for
City elective offices sooner than eleven months precedinq,
or later lif and to the extent necessary to payoff a
campaiqn indebtedness) than two months followinq. an
election contest, and no such candidate shall accept from
any person, such a contribution."
Change No.5: Allow Transfers for Runoff Elections.
currently, a candidate may not transfer funds from one
campaign activity to another campaign activity, even if it is for
re-election to the same office four years later. section
11. One making the full $250 contribution prior to the election.
12. One which has given less than the full maximum contribution,
say $100.
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Page 10
2.52.120 (B) provides:
"B. No candidate shall use or transfer contributions
received for his or her campaign for City elective
office to any campaign by the same person as a
candidate for the same office or any other elective
office consistent with state law."
since the changes herein proposed will treat a campaign for
a runoff election as a separate campaign activity from a campaign
for the preceding general or special campaign, it is important to
decide whether transfers are allowed for runoff campaigns.
It seems appropriate to permit such transfers as an
exception to the standing rule because the runoff effort is an
extension of the original election activity for which the
contribution was originally made--i.e., to get Candidate A in
office. Otherwise, unspent funding in the general campaign would
be unusable for its intended purpose.
Therefore, the attached ordinance proposes to make an
exception to the existing prohibitions on transfers, as follows:
"B. No candidate shall use or transfer contributions
received for his or her campaign for City elective
office to any campaign by the same person as a
candidate for the same office or any other elective
office consistent with state law, except that a
candidate eliqible to compete in a consequent runoff
contest mav transfer contributions received for the
predecessor election contest to that candidate's
campaiqn committee for the runoff election contest."
Change No.6. Applv Campaiqn contributions Ordinance to
Independent Expenditure Committees.
While it was set in place before this author arrived at the
City, based on its contents, the organizational contribution
prohibition appears to be based on the philosophy, in part, that
organizations should not be entitled to participate in the
electoral process apparently because (1) they represent special
interests which are typically disassociated from the needs of
human citizens; and/or (2) organizations have a unique ability,
greater than the typical individual, to assemble capital and to
use that capital in order to advance their special needs through
the electoral process.
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It also appears, based on the fact that an individual's
contribution is limited to $250 per contributor, that there
should be a broad base of low cost involvement in political
campaigns in order to assure the candidate has to appeal to a
broad spectrum of the community and not be beholden to any single
large contributor for their seat or office.
At any rate, the City Attorney's Office has been receiving
complaints for years now that there is a "loophole" in the
regulatory scheme in that no corporations, political action
committees, or other types of organizations, are permitted to
contribute directly to a candidate, but if an independent
expenditure committee forms and declines to work "at the behest"
of, albeit supportive of, the candidate, they can amass
contributions from organizations and persons in any amount
completely free from the regulatory scheme of the City's
ordinances.
The City Attorney's Office recommends that, if the policy
reasons for the no organizational dollar involvement and limited
personal contributions remain valid, they should be made
effective and not so easily circumvented by forming IEC's.
Otherwise, the entire local regulatory scheme should be abandoned
so that no candidate conducts their campaign on a set of
principles and expectations different from another.
The changes are too numerous to identify in this report and
are marked in the proposed ordinance, attached hereto.
Fiscal Impact:
The changes are to a regulatory ordinance and do not have a
cost impact to the City, other than perhaps some minor clerical
paperwork and staff time involved in answering public inquiries.
M:\horne\attorney\contal13.wp
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EXHIBIT A
ORDINANCE NO. q(q-S <-J.
AN ORDINANCE AMENDING CHAPTER 2.52 OF THE CHULA VISTA
MUNICIPAL CODE TO CLARIFY THE CONTRIBUTIONS LIMITATION
WHEN TWO ELECTIONS FOR DIFFERENT TERMS OF OFFICE FOR THE
SAME SEAT ARE OCCURRING SIMULTANEOUSLY, TO APPLY THE
CITY'S CONTRIBUTIONS PROHIBITIONS AND LIMITATIONS TO
INDEPENDENT EXPENDITURE COMMITTEES, AND OTHER
CHANGES
The city Council of the City of Chula vista does ordain as
follows:
SECTION I: That Chapter 2.52 of the Chula vista Municipal
Code is hereby amended to read as follows:
sections:
2.52.010
2.52.020
2.52.030
2.52.040
2.52.050
2.52.060
2.52.070
2.52.080
2.52.090
2.52.100
2.52.105
2.52.110
2.52.120
2.52.130
2.52.140
2.52.150
2.52.160
2.52.165
2.52.170
2.52.180
2.52.190
2.52.200
Chapter 2.52
CAMPAIGN CONTRIBUTIONS
Findings.
Purpose.
Interpretation of this Ordinance.
Definitions.
Limitation on contributions from Persons.
Prohibition of contributions by organizations.
written Solicitations by Candidates.
Returned contributions.
Loans.
Family contributions.
Notice Regarding Personal Funds.
One campaign Committee and One Checking Account per
Candidate.
Prohibition on Transfers.
Contents of city campaign Statements.
Duties of Treasurers and Candidates.
Duties of City Clerk with Respect to Campaign
Statements.
Audits.
Disqualification and Disclosure.
criminal sanctions.
Injunctive Relief.
Enforcement.
Severability.
2.52.010 Findings.
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In enacting this ordinance, the city council of the city of
Chula vista finds and declares the following:
A. Moderate mMonetary contributions to political campaigns are a
legitimate form of participation in the American political
process, but the financial strength of certain individuals or
organizations should not permi t them to exercise a
disproportionate or controlling influence on the election of
candidates for city offices.
B. The rapidly increasing costs of political campaigns have
forced many candidates for elective office to raise larger and
larger sums from individuals or interest groups with a
specific financial stake in city matters. This can cause the
public perception that the votes of city council members and
decisions of elected officials are being improperly influenced
by monetary contributions. This perception can undermine the
credibility of the city council and the governmental process.
C. It is the policy of this City to protect the integrity of the
electoral process.
D. The best interests of the citizens of this City are served by
reducing the direct and indirect costs of campaigns.
2.52.020 Purpose.
The city council of the City of Chula vista enacts this
ordinance to accomplish the following purposes.
A. To encourage public trust in the electoral and decision-making
processes of the City, and ensure that individuals and
interest groups have a fair and equal opportunity to
participate in the elective and legislative process.
B. To reduce the influence of large contributors with a specific
financial stake in matters before the city, thus countering
the perception that decisions of city officials are influenced
more by the size of contributions than the merits of proposals
or the best interests of the people of the City.
2.52.030 Interpretation of this Ordinance.
Unless the term is specifically defined in this ordinance or
the contrary is stated or clearly appears from the context, the
definitions set forth in the Political Reform Act of 1974
(Government Code sections 81000 et. seq.) shall govern the
interpretation of this ordinance.
2.52.040 Definitions.
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A. "Agent"-,- For purposes of this section, a person is the
"agent" of the party to, or a participant in, a proceeding
involving a license, permit or other entitlement for use only
if he or she represents that person in connection with the
proceeding involving the license, permit or other entitlement
for use. If an individual acting as an agent is also acting
as an employee or member of a law, architectural, engineering
or consulting firm, or a similar entity or corporation, both
the entity or corporation and the individual are "agents".
B. "Candidate" means a candidate for any city elective office,
the candidate's campaign committee, committee(s) controlled by
the candidate, agents of the candidate, and any person acting
at the behest of a candidate. An incumbent shall be presumed
to be a candidate unless he or she files a written statement
with the city clerk stating ~that he or she does not intend
to be a candidate for the next election for his or her office.
C. "City Campaign statement" means the statement which, to the
extent practicable, shall be similar to or consolidated with
that required by state law.
D. "City Elective Office" means the offices held by members of
the city council and any other separately elected offices of
the City.
E. "contributions" are defined in a manner identical with the
definition found in Government Code Section 82015 and any
related provisions in the California Administrative Code,
except that, notwithstanding anything contained herein to the
contrary, a payment by a third party to, or for the benefit
of, a councilperson made and used for the express purpose of
offsetting costs already incurred by that councilperson in the
defense of a criminal or administrative prosecutorial action
against said councilperson, and not made or used for the
purpose of aiding in the election of said councilperson, and
not made within (before or after) 100 days of an election in
which the councilperson is competing for a seat or office,
shall not be deemed to be a contribution for the purposes of
this chapter.
F. "ElectioR period" meURD the eRtire time perieEi 13et\.'eeR
electieRo for the City elective effice. This \;Old-lEi iRclude
the time period bet\veeR each electioR fer the same electi...e
office, iRcludiREJ Deparately as applicable, each primary,
EJeReral, recall er other electieR fer that offioe."
1. This is proposed for deletion since the time limits for taking
contributions has been set at a maximum of 11 months prior to an
election event.
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G. "Intermediary" means a person who delivers to a candidate or
committee a contribution from another person unless such
contribution is from the person's employer, immediate family
or an association to which the person belongs. No person who
is the Treasurer of the committee to which the contribution is
made or is the candidate who controls the committee to which
the contribution is made shall be an intermediary for such
contribution.
H. "Organization" means a proprietorship, labor union, firm,
partnership, joint venture, syndicate, business, trust,
company, corporation, association, or committee, including a
political action committee.
I. "Person" means a natural individual.
J. "Political Purpose" means an action by a candidate for the
purpose of influencing, or attempting to influence, either
directly or indirectly, the actions of the voters for or
against the election of that candidate or any other candidate
for the same city elective office.
K. "state Campaign statement" means an itemized report which is
prepared on a form prescribed by the Fair Political Practices
commission and which provides the information required by
Chapter 4 of Title 9 of the Government Code.
L. "Party" means any person who files an application for or is
the subject of, a proceeding involving a license, permit or
other entitlement for use.
M. "Participant" means any person who is not a party, but who
actively supports or opposes a particular decision in a
proceeding involving a license, permit or other entitlement
for use, and who has a financial interest in the decision as
described in Article 1 (commencing with section 87100) of
Chapter 7. A person actively supports or opposes a particular
decision in a proceeding if he or she lobbies in person, the
officers or employees of the City, testifies in person before
the City, or otherwise acts to influence officers of the City.
~ "Requlated Independent Expenditure Committee" means an
independent expenditure committee as defined in Government
Code section which supports or opposes in whole or in
part a candidate for citv elective office if contributions are
made to said committee with the intent that thev. or a
comparable amount of funds otherwise owned bv. or under the
control of. the committee be used to support or oppose a
particular candidate for a citv elective office.gl
2. Change No.6.
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2.52.050 Limitation on contributions from Persons.
A. Time Limitation for Makinq Contributions.
No person shall make a contribution to any candidate for City
elective offices or to anv Requlated Independent Expenditure
Committee~/ sooner than eleven months precedinq. or later lif
and to the extent necessarv to payoff a campaiqn indebted-
ness) than two months followinq.i/ an election contest but in
no event sooner than the date upon which the holdinq of the
election contest becomes certain2/, and no such candidate or
such Requlated Independent Expenditure Committee2/ shall
accept from any person, such a contribution GeSRer tRan cleveR
montRG precedinl'j" the eleetioR for ..RieR tRe contril3\ition iG
made sr iRtended. The two-month post election contribution
period herein aIled may be tolled for such period of time as
existinq or threatened Ii tiqation makes the existence or
extent of campaiqn debt uncertain durinq the threat of or
existence of such litiqation.Z/
B. Monetary Limitation for Makinq contributions.
No person shall make to any candidate for City elective of-
fice, or to any Requlated Independent Expenditure
Commi ttee~/ , and no such candidate or such Requlated
Independent Expenditure Committee shall accept from any
person, a such contribution or contributions totalling more
than $250 for a sinqle election contest!!/. in aRY sinl'j"le
election period. To the extent federal law prohibits
limitations on expenditures, this ordinance is meant to be
consistent with federal law.
1. Same Day. Same Office. Multiple Election Rule.
For the purposes of this section. multiple elections
3 . Change No. 6.
4. Change No. 4.
5. Change No. 3 .
6. Change No. 6.
7. Suggestion of
concurs.
8. Change No. 6.
9. Change No. 2.
the City Manager with which the City Attorney
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scheduled to be held on the same day for the same office.
but for different terms, such as in the case ofa special
election to be held to fill a vacancy, and a qeneral
municipal election to be held to fill a full lenqth term,
shall be deemed to be a sinqle election for determininq
the monetary limitation.~1 This section is deemed to
be declaratory of existinq law, and shall apply to all
contributions received prior to and after the effective
date of this ordinance for if the contribution was
intended to be used in connection with the election
commencinq in March, 1996. To the extent that the
operation of this section requires the return of any
contributions in excess of the limitation herein imposed.
the candidate and/or Requlated Independent Expenditure
Committee shall so return such excess contribution.lil
C. NotuithotaHding nubocetieH B, ,:heH a eaHdidate in rUHHing for
reeleotioH or the effiee of mayor or the mayor io rUHHiHg fer
a eouHeil office, he or ohe may aeec~t eeHtributioHo of u~ to
$250 from eontributoro to his er her prior eaReidaey. 121
Dj;;. Not'.lithotandiHg Cubseetion A, .:here a opeeial election io
called to fill a ,aeaHey, eORtrisutioHn nhall be permittee
frem the date thc ,aeaHey in declared by the city eoaHeil to
the date of the eleetioH. 131
2.52.060 Prohibition of contributions by organizations.
A. Prohibition.
No organization (e.q.. corporation. partnership, trust,
association, committee, etc.l shall make a contribution to any
candidate. or to any Requlated Independent Expenditure
Committee'4/, and no such candidate or independent
expenditure committee shall accept a contribution from an
organization.
B. Rule of Attribution to Orqanization.
All contributions made by a person whose contribution activity
10. Change No. l.
ll. Change No. 1 (A).
12. Change No. 2 .
13. Change No. 2 .
14. Change No. 6.
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is financed, maintained or controlled by an organization or
any other person shall be deemed to be made by that organiza-
tion or other person. If the contribution is deemed made by
an organization, it is prohibited by subdivision A. If deemed
to be made by another person, it shall constitute a contribu-
tion by a "committee" (a form of "organization") and thereby
also is prohibited by subdivision A.
2.52.070 written Solicitations by Candidates.
Any candidate making a written solicitation for a contribution
for his or her campaign for City elective office shall include the
following written notice in no less than ten point type on each
such solicitation:
NOTICE
Ordinance No. 2298 of the City of Chula vista
limits contributions to campaigns for City
elective office to two hundred fifty dollars
($250) per contributor. When contributions
from an individual cumulatively amount to $100
or more, the complete name, address,
occupation and employer (or name of business
if self-employed) of each donor must be
reported in the city campaign statement.
2.52.080 Returned contributions.
A contribution shall not be considered to be received if it
has not been negotiated, deposited, or utilized, and is returned to
the donor within ten (10) days of receipt, or no later than the
date on which the candidate is required to file a state or city
Campaign statement, whichever date is earlier.
2.52.090 Loans.
A.
A loan shall be considered a contribution from the maker
the guarantor of the loan and shall be subject to
contribution limitations of this ordinance. Loans from
candidate to him or herself shall be subject to
contribution limitations of this ordinance.
and
the
the
the
B. The proceeds of a loan made to a candidate by a commercial
lending institution in the regular course of business on the
same terms available to members of the public and which is
secured or guaranteed personally and solely by the candidate
shall not be subject to the contribution limits of this
ordinance.
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C. Extensions of credit, other than loans pursuant to Subsection
B, for a period of more than thirty (30) days are subject to
the contribution limits of this ordinance.
2.52.100 Family contributions.
A. contributions by a husband and wife shall be treated as
separate contributions and shall not be aggregated where the
checks are drawn separately and signed by the spouse making
the contribution.
B. Contributions by children under the age of eighteen (18) shall
be treated as contributions by their parents and attributed
proportionately to each parent (one-half to each parent or the
total amount to a single custodial parent).
2.52.105 Notice Regarding Personal Funds.
A. No candidate or other person. includinq a Requlated
Independent Expenditure Committee.J2/ shall expend or
contribute more than $5,000 in personal funds in connection
with his or her iill-election campaign unless and until the
following conditions are met:
1. written notice of the candidate's or other person's1!lI
intent to so expend or contribute in excess of $5,000
shall be provided to the city clerk and all opponent
candidates. The notice shall be delivered personally or
sent by registered mail and shall specify the amount
intended to be expended or contributed; and,
2. All personal funds to be expended or contributed by the
candidates shall first be deposited in the candidate's
campaign contribution checking account at least 21 days
before the election. The required notice shall be given
no later than 24 hours after the date of the deposit or
21 days prior to the election whichever occurs first.
B. If sent by mail, the notice to opponent candidates shall be
sent to the last known address of the opponent candidates as
shown in the records of the city clerk.
2.52.110 One campaign Committee and One Checking Account Per
Candidate.
A candidate for City elective office shall have no more than one
15. Change No.6.
16. Change No.6.
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campaign committee and one checking account for each election.Q1
from which all contributions shall be accounted for.lll and out of
which all expenditures shall be made.
A. Same Dav. Same Office. Multiple Election Rule.
For the purposes of this section. multiple elections scheduled
to be held on the same day for the same off ice. but for
different terms (such as in the case of a special election to
be held to fill a vacancy in a Seat. and a qeneral municipal
election to be held to fill a full lenqth term for same Seat)
shall be deemed to be a sinqle election for the purposes of
this section. 191
2.52.120 Prohibition on Transfers.
A. No candidate for city elective office and no Requlated
Independent Expenditure Committee~1 shall make any
contribution from hiD or her campaign funds intended for one
candidate to another candidate running for city elective
office or to a candidate for a non-City elective office or to
another Requlated Independent Expenditure Committee. This
section shall not prohibit a candidate from making a
contribution from his or her own personal funds to his or her
candidacy or to the candidacy of any other candidate for
elective office.
B. No candidate or Requlated Independent Expenditure
Committeelll shall use or transfer contributions received for
hiD or her one campaign for City elective office to any other
campaign by the same person as a candidate for the same office
or any other elective office consistent with state law. except
that a candidate eliqible to compete in a consequent runoff
contest may transfer contributions recei ved for the
17. This change will require the formation of a separate committee
and account for a runoff election. This is an inconvenience to the
candidates, but (if approved) this proposed change contemplates
that we are now going to allow each original contributor to the
primary election effort to give another maximum contribution ($250)
to the runoff effort.
18. This clause is an addition which was presumed implicit in the
single committee/single account form of regulation.
19. change No. 1.
20. Change No. 6.
21. Change No. 6.
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oredecessor election contest to that candidates camoaiqn
committee for the runoff election contest. 221
C. The use of any funds which were received prior to January 1,
1989, shall be governed by the Political Reform Act
(Government Code section 81000 et seq.) and any regulations
adopted by the Fair Political Practices commission pursuant
thereto.
2.52.130 Contents of City campaign statements.
A. All City Campaign statements required to be filed with the
city clerk pursuant to this ordinance shall contain the
following information:
1.
The information required by Government
and any administrative regulations
thereto; and
Code section 84211
adopted pursuant
2. Any information required by the city clerk.
B.
All city Campaign statements
city clerk pursuant to this
prescribed by the city clerk.
form should be similar to,
required by state law.
required to be filed with the
ordinance, shall be on a form
To the extent practicable, such
or consolidated with, those
2.52.140 Duties of Treasurers and Candidates.
All City Campaign statements filed under this ordinance shall
be signed under penalty of perjury and verified by both the
candidate and the campaign treasurer. The verification shall state
that the candidate and the campaign treasurer have used all
reasonable diligence in its preparation, and that to the best of
their knowledge it is true and complete.
2.52.150 Duties of city Clerk with Respect to Campaign statements.
A. It shall be the duty of the city clerk to determine whether
required city Campaign statements have been filed. The city
clerk is hereby authorized to make that determination only
from facts and information within her knowledge, and is not
required to conduct an investigation to determine whether or
not a candidate has an obligation to file a City Campaign
statement.
B. It shall be the duty of the city clerk to determine whether
City Campaign statements filed conform on their face with the
requirements of this ordinance.
C. It shall be the duty of the city clerk to accept for filing
any city Campaign statement which this ordinance requires to
22. Change No.5.
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be filed. In those cases where the city clerk discovers in
his or her review of City Campaign Statements that a candidate
has filed an incorrect, incomplete or illegible statement, or
a statement which cannot be reproduced, he or she shall
promptly notify the candidate of the error or omission.
However, no notification is required in those cases in which
the errors or omissions are minor ones which do not recur
throughout the statement. An error or omission is minor if it
does not result in omission of the amount of an individual
contribution or expenditure. An error or omission in
connection with the identification of a donor or intermediary
is minor if such person is identified by name and either
street address, occupation, employer or principal place of
business. An error or omission in connection with the
identification of the recipient of an expenditure or person
providing consideration for an expenditure is minor if such
person is identified by name.
2.52.160 Audits.
A. The City Finance Director may make, or have made,
investigations or audits with respect to any city Campaign
statements required by this ordinance, or any campa~gn
accounts for City elective office maintained by any candidate,
at any time between the last day for filing a Declaration of
Candidacy for a city elective office and one year following
the date of the election in which a candidate is elected to
that city elective office.
B. Any candidate whose Campaign statements are subject to an
investigation or audit by the City shall provide the Finance
Director with all financial records, documents and any other
information or material required by the Finance Director.
2.52.165 Disqualification and Disclosure.
A. Disclosure of contribution; Limit.
Prior to rendering any decision in a proceeding involving a
license, permit or other entitlement for use pending before
the city, each councilmember who received a campaign
contribution during the election periodanv campaiqn for office
in the last four vears~1 in an amount of more than one
thousand dollars ($1,000) in the aggregate, from a party,
participant, or their agents, or officers or agents of an
organization party or participant, shall disclose that fact on
the record of the proceeding.
B. Disqualification Limit.
23. This is necessary since a 4 year election cycle is mooted by
these changes.
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No such councilmember shall make, participate in making, or in
any way attempt to use his or her official position to
influence the decision in a proceeding involving a license,
permit, or other entitlement for use pending before the city
if the councilmember has willfully or knowingly received a
contribution in an amount of more than one thousand dollars
($1,000) in the aggregate, in anv campai~n durinq the last
four vears durinq the election ~criod 41 from a party,
participant or their agents, or from officers or agents of an
organization party or participant; provided, however, that the
councilmember knows or has reason to know that the party,
participant or other agents or officers have a financial
interest in the decision, as that term is described with
respect to public officials in Article 1 (commencing with
section 87100) of Chapter 7 of the Government Code.
C. When a councilmember runs for reelection the same disclosure
and disqualification requirements set forth in "A" and "B"
above apply during his or her current term of office for
contributions received towards his or her reelection.
D. Parties and participants, to a proceeding before the city
council involving a license, permit, or other entitlement for
use shall disclose on the record of the proceeding any
contribution in an amount of more than one thousand dollars
($1,000) in the aggregate, made at anv time durinq the prior
four vears~1 durinEj" the election ~eriod261 by the party,
participant, their agents, or from officers or agents of an
organization party or participant, to any city council member.
E. For the purposes of disclosure and disqualification under
subdivisions Band C, aggregation shall occur regardless of
whether the contribution activity of an organization's
officers and agents is financed, maintained or controlled or
at the behest, consent or encouragement of an organization or
another person or not.
F. The provisions of Government Code section 84308, its
implementing regulations, and the administrative
interpretations thereof by the FPPC shall be utilized in
applying the provisions of this section.
2.52.170 Criminal Sanctions.
24. This is necessary since a 4 year election cycle is mooted by
these changes.
25. It is my interpretation that this section is prospective only
as to decisions made after the effective date of this ordinance
such that, if in the future a decision is made which requires
disclosure, the elected official will need to review campaign
contributions for four years prior to acting on the matter.
26. This is necessary since a 4 year election cycle is mooted by
these changes.
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Any knowing or willful violation of any provision
chapter may be prosecuted either as an infraction
misdemeanor at the discretion of the prosecutor.
of this
or as a
2.52.180 Injunctive Relief.
Any candidate or other resident of the City may bring an
action, at any time during an eleetien period or thereafter, in a
court of competent jurisdiction to enjoin actual or threatened
violations or, or to compel compliance with, or to obtain judicial
declarations regarding, the provisions of this ordinance.
2.52.190 Enforcement.
A. The City Attorney shall not investigate or prosecute any
alleged violations of the chapter, but shall defend the
constitutionality and legality of this chapter in any civil
proceeding in which the City or the city council is a party.
B. Review of complaints of violation of this chapter and criminal
prosecution thereof shall be commenced only by the District
Attorney, unless the District Attorney fails or refuses to
investigate, in which case the special counsel shall be the
Attorney General. However, if the Attorney General shall fail
or refuse to investigate a bonafide allegation of the
violation of this chapter, the special counsel shall be such
other qualified and independent attorney who shall be
appointed by the City Attorney, except and unless the alleged
violation of this chapter concerns or involves the city
Attorney, in which case said special counsel shall be
appointed by a majority vote of the city council. No
enforcement or prosecution or action of special counsel shall
be subject to the review or control of the city councilor the
city Attorney.
C. Any person residing in the City who believes that a violation
of this chapter has occurred may file a written complaint
requesting investigation of such violation by the special
counsel. If the special counsel determines that there is
reason to believe a violation of this chapter has occurred, it
shall conduct an investigation and may commence such
administrative, civil, or criminal legal action as it deems
necessary for the enforcement of this chapter.
D. The special counsel shall have such investigative powers as
are necessary for the performance of duties described in this
chapter and may demand and be furnished records of campaign
contributions and expenditures of any person or committee at
any time. In the event that production of such records is
refused, the special counsel may commence civil litigation to
compel such production.
E. The special counsel shall be immune to liability for its
enforcement of this chapter.
F. The special counsel may maintain on behalf of the City, a
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candidate or other resident of the City may maintain on their
own behalf, a civil action to recover personally from a
candidate any contributions received by the candidate in
excess of the contributions limits established by this
ordinance or any contributions which a candidate fails or
refuses to remit to the city clerk or return to the donor.
Any money recovered in any action maintained pursuant to this
section shall be deposited in the Campaign Enforcement Fund.
G.
Any action alleging
commenced within four
occurred.
violation of this chapter must be
years of the time the alleged violation
H. Violations involving wilful acceptance of cumulative illegal
contributions of $2500 or more shall constitute a crime of
moral turpitude pursuant to City Charter Section 303.
2.52.200 severability.
If any provision of this ordinance, or the application of any
such provision to any person or circumstances, shall be held
invalid, the remainder of this ordinance to the extent it can be
given effect, or the application of those provisions to persons or
circumstances other than those as to which it is held invalid,
shall not be affected thereby, and to this end the provisions of
this ordinance are severable.
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 and Approved as to form by
Bruce M. Boogaard, City Attorney
U:\ho.e\attorney\contrib1.wp
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council Agenda statement
Item: /1
Item Title:
Meeting Date:
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November 21, 1995
4/5ths Vote: (X) Yes () No
Referral No. 2983
The attached resolution will:
1. Call for the Chula vista General Municipal Election for
Seat Nos. 3 and 4, which will determine the office holder
for the 1996-2000 term of office for the two seats, to be
held on the March 26, 1996 statewide primary election date;
2. Call for the Special Municipal Election for Seat Nos. 3
and 4, which will determine the office holder for the two
seats for the 9 month term from the first Tuesday following
the March, 1996 election to December, 1996, to be held on
the March 26, 1996 statewide primary election date;
3. Request the County Board of Supervisors to consolidate
the aforementioned elections with the statewide Primary
Election held on March 26, 1995;
4. Places on the ballot at said election an amendment to
1. The city Clerk is co-authoring the report only as to the call
provisions, not the Charter change measure.
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the Charter for reform in the process of filling vacant
offices, which will, in part, (1) require that certain
anticipated vacancies be filled by the electoral process
(not the appointive process), (2) where a vacancy occurs in
a seat between the time an election has determined a
successor who is waiting to be seated, requires the Council
to appoint the elected successor to fill the vacancy for the
short period of time remaining in the term, and (3) other
changes described below; and,
5. Specifies that a single set of nomination papers may be
used to nominate the same candidate to the same numbered
seat for both the short term and the full four year term.
6. Appropriates, from the general fund reserves, $61,500
for the purpose of holding the aforemention elections on
March 26, 1995 (see fiscal impact).
Recommendation:
Adopt the attached resolution.
Boards and Commissions Recommendation
The Charter Review Commission has reviewed and approved, among
other recommended changes, the changes to the Charter that are
herewith proposed. They had previously recommended other changes
upon which the Council could not agree, which are not
incorporated herewith:
Recommended Chanqes Not Included in this Resolution:
(1) Switch Back to Plurality Rule in Special Elections.
The Commission recommended, but the Council rejected, by
non-agreement, a reform proposal that would allow a
plurality vote to determine the results of special election
thereby eliminating the requirement of run-off special
elections; and,
Modifications to Prior Recommendation in This Resolution
(1) A One Year "Election Free Zone".
An appointed Councilperson's period of service, by the
change being recommended herewith, will run to the next
election opportunity2, and then the council is under a duty
2. Not just the next qeneral election opportunity, which the
current wording provides. Currently, before the change being
(continued. . . )
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to put the seat up for election. The Charter Review
commission recommended that such duty should be held in
abeyance if there was only 1 year left to the term, and the
appointee should be allowed to serve the remainder of the
term without having to "stand up to" an election. The
Council could not agree on the length of time of the
"election free zone" and referred it back to the City
Attorney for further consideration and additional options.3
The attached resolution contains a three month "election
free zone" which is felt the minimal amount of time
necessary to avoid costly election efforts in comparison to
the additional social benefits gained by having an elected
representative three months earlier.
The Charter Review Commission will be meeting on Thursday,
November 16, after the council agenda is assembled. An oral
report will be presented by the City Attorney of their thoughts
and conclusions.
DISCUSSION:
A. Need for Action.
The filing period for the March 26, 1996 election is from
December 4, 1995 through December 29, 1995. It is essential that
the election is called prior to that time. The November 21st
Council meeting is the last Council meeting opportunity to call
the election prior to the commencement of the filing period. We
have included in the call resolution a proposed measure to be
submitted to the People on anticipated vacancies, although the
deadline for measure submittal or modification can be delayed
until December 8, 1995.
B. Reason for Multiple Elections to the Same Seat.
As the City Attorney has previously posited, section 303 provides
that an appointee to a vacant office shall:
"hold office until the first Tuesday following the next
general municipal election and until a successor qualifies.
At the next general municipal election following any
2. ( . . . continued)
proposed, an appointed councilperson's period of service runs to
the first Tuesday following the next general municipal election
and would not be suspended by an earlier special election,
special or general .runoff election, even though such earlier
elections could easily and cheaply accommodate an electoral
contest.
3. See October 17, 1995 Minutes, Page 17-19, excerpt attached.
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vacancy, a Councilmember or Mayor shall be elected to serve
for the remainder of any unexpired term of said office."
The Charter also requires' that our general municipal elections
are to be called on the same date as the statewide primary
elections. This is March 26, 1996 for the 1996 elections because
the state moved the primary date forward in presidential election
years.
In essence, then, we are in the position of having both a general
election and a special election on the same day because of the
interplay between these two Charter sections, and the fact that
our general elections have been advanced earlier and earlier
before the seating date.
C. Charter Changes Proposed.
In addition to calling the general and special elections for Seat
Nos. 3 and 4, the following changes are proposed to the People
for enactment:
Chanqe No.1. Anticipated Vacancy Rule.
If a seated councilperson is elected in the second year of a
four year term to another office, such as to the Office of Mayor,
it is known that a vacancy will occur in his or her council seat
as soon as that Councilperson is seated in the higher office,
e.g., the Office of Mayor. However, the vacancy in the Council
seat doesn't occur until the Mayoral term commences so the seat
can not be filled either by election or appointment until the
seat becomes vacant. The public will have to wait until the term
of office for Mayor commences before the seat can be filled, and
then, the Council has a duty to appoint. This may occur even
though, between the time it is anticipated that a vacancy will
occur and the time it actually occurs, there was an intervening
election at which the vacancy could have been filled by the
People, instead of by the appointment process.
The primary change of the amendment will be to allow such an
anticipated vacancy to be placed on the ballot at an intervening,
citv-wide, election, even though the seat is not vacant at the
time of the election.
special features of this provision of which the Council
should be aware are as follows:
1. It only applies if the vacancy is expected to occur
by the election of a seated councilperson to a higher office. It
does not cover a vacancy that is anticipated to occur by a
4. section 900.
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terminal disease or even a protracted letter of resignation.5
2. The intervening election may only be used to fill
the vacancy if the intervening election is conducted city-wide.
This would be the case in a statewide primary, or a county
election, but may not be the case in an elementary school board
or Southwestern College Board election.
Chancre No.2. Duty to Recognize an Anticipated Vacancy.
This change makes it obligatory on the Council to recognize
an anticipated vacancy as described above, and to call a special
election to fill it if the circumstances apply.
Currently, the Council has a duty to declare an actual
vacancy when it occurs.
However, the consequence of declaring an actual vacancy
triggers a duty to appoint in 30 days, if possible; the
consequence of declaring an anticipated vacancy will be to call
for an election to fill the anticipated vacancy at the date of
the intervening consolidated election.
Chancre No.3. Appointed Replacee Serves until Any
Subsequent Election Opportunity.
The current scheme provides that an appointed replacee holds
office until the first Tuesday following the next general
municipal election.6 See section 303, First Paragraph. The
intent seems to have been to have elected representatives, rather
than appointed representatives, as soon as can be accommodated
economically.
However, since that language was written, we have provided
for both runoff elections for general and special elections.
There is also the possibility for special elections earlier than
the "next general municipal election" for charter measures, other
initiatives, and referendums (not to mention recalls in other
seats) that would permit the appointed replacee's seat to be
economically determined by election rather than appointment.
Hence, there are an increasing number of possible elections that
could be held sooner than that "next general municipal election."
5. An example of a protracted letter of resignation would be a
situation where Councilperson X writes a letter tendering his or
her resignation effective in 9 months because he or she will be
moving out of the area at that point in time due to their
retirement from a job.
6. An elected replacee holds office for the remainder of the
term. Nothing herein will change that.
5
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To stay true to that drafter's intent of having elected
representation as soon as economically possible, the language
should be changed to require that the seat be made available for
electoral selection at the next available election opportunity.
The passage of the proposed measure will do that.
Chanqe No.4. A three month (Special) Election Free Zone.
Historically, at general law, the successful candidate at an
election is seated on the first Tuesday following the election.
So there was very little time period between the election and the
seating. Given a first Tuesday in November election, the succes-
sful candidate was seated on the second Tuesday in November.
In Chula Vista, by Charter we had first moved the seating
date back to the first Tuesday in Oecember--a 30 day gap. Then
we moved the election date to the first Tuesday in June--now a 6
month gap--in order to accommodate the desire for inexpensive
runoff elections in November, if necessary. Then, when the State
primary moved to March in presidential election years, we moved
our General municipal election back to March also--now a 9 month
gap until the seating date.
with Change No. 3 (an appointed replacee serves until the
next election date), in order to get elected, as opposed to
appointed, representatives on the Council could be required to
fill relatively short remaining terms of office. The worst case
would be that a vacancy occurs, say, in June. If the Council
fills the seat by appointment, the appointee would be entitled to
hold office until the next election opportunity--typically, the
first Tuesday in November. We don't want to be in the position
of having a "full blown" election contest to fill a one-month
vacancy.
Change No. 4 will be an exception to the rule that an
appointed replacee will serve to the next election opportunity
(Change No.3) by providing that if the remaining term between
the normal expiration of the term and the election is three
months or less, the appointed replacee may serve to the normal
expiration despite a sooner election opportunity.
The Council, at the last meeting this issue was discussed,
could not agree on the length of time and it was referred back
for further recommendations.
The proper balance between the cost of conducting an early
election, and the social value of having elected representative
on the Council instead of appointed representative is the
Council's, and ultimately, the People's choice. We stand by the
original recommendation of 1 year as being a reasonable balance,
but urge that if you can't agree on any longer time, that you at
least accept three months.
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Chanqe No.5. Mandatory Appointments of Council-electees to
Interim Vacancies.
This change operates to restrict the appointment power of
the Council to select among different persons to fill a vacant
seat, but only when the vacancy arises in a seat after a
candidate has been elected to fill the seat a seat and is
awaiting the seating date for the full term for the same office.
By way of example, say Councilperson Y is elected in March,
1996 to fill Seat No.4, commencing in December, 1996 for four
years. The seat is currently held by Councilperson X. If X
resigns or dies in office in June, 1996, Seat No. 4 becomes
vacant, and the Council will have a duty to try to fill the seat
by appointment until December, 1996. This change will require
that they appoint Councilperson Y, and no one else.
This proposed changes makes it obligatory on the Council to
fill such a vacant seat with the candidate, if one exists,
already elected to the same seat.
It is "seat-specific". Thus, if a vacancy exists in Seat
No.1, but Candidate X has been elected to Seat No. 2 and is
awaiting the December seating date, the Council can, but does not
have a duty to, appoint Candidate X to the vacant Seat No.1
until he or she gets seated (in December) to Seat No.2.
This is a new, but seemingly reasonable concept.
Various Miscellaneous Chanqes.
(a) Approval for absences of Councilperson can be
obtained in advance of the absence for acceptable
cause.
(b) Vacancies will be recognized by submittal of a
letter of resignation from a Councilperson without
having to wait for 4 unexcused absences.
(c) Rules are established for determining exactly when
a vacancy occurs depending on whether the vacancy was
caused by absences (date of last absence) resignation
(date tender of resignation effective) or criminal act
(date of conviction).
(d) The City Clerk is given authority to devise any
random method in order to resolve ties in a special
election in lieu of the current method of a coin flip.
D. Charter Changes Not Proposed--the Plurality Rule in Special
Elections.
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The Council referred the issue of the plurality rule in
special elections back to the city Attorney for further
consideration and options, and to bring the matter back for
reconsideration. (See minutes attached).
The Council is herewith invited, if they desire, to
reconsider the use of the plurality rule in special elections as
opposed to the majority rule effective in March, 1996; but we got
the impression the Council was generally deadlocked on the issue,
and further debate on the issue would not be productive.
If the Council is looking for middleground, or alternative
options, I would recommend that either (1) the Charter be changed
back to plurality rule for special elections, but not make it
applicable immediately to the March, 1996 elections7; or (2) the
Charter be changed, for future elections, back to plurality rule
for special elections that will fill a relative short term (18
months or less) and use the majority rule for special elections
that will fill a longer term (greater than 18 months).
The Charter has recognized a balance between the cost and
benefits of having elected representationS; and has struggled
recently between the value of having that elected representation
selected by a majority of the voters as opposed to a plurality of
voters. For decades, the People have accepted the plurality rule
in the determination of the outcome of all of our elections--
general as well as special. It seems logical to suggest that the
People would, when they realize the cost associated with the use
of the majority rule for special elections, especially those
special elections used to determine short remaining terms, would
want to strike a cost-efficient balance.
The lack of such a change by the People, effective immedi-
ately for the March, 1996, election will require, if no one
candidate captures a majority of the votes cast for either seat,
a special runoff election as soon thereafter as practical. See
section 300 (H). This will probably mean another costly election
($125,000) in June, 1996 to hold a seat until December, 1996.
But even if it can't be applicable in the 1996 election, we
should at least prevent the expense from reoccuring in future
years.
In either case, if it isn't going to be applicable to the
March 1996 election, we can consider it at later elections.
7. In such case, there is no need to put it on the March ballot,
and can be amended in subsequent ballots.
8. Hence, the duty on the Council to try to appoint for 30 days
if possible combined with the appointee's right to serve only
until the next general municipal election.
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Fiscal Impact:
The election contest in March, 1996, is estimated to cost
$80,030 calculated at $.25 per ballot item per registered voter
times 5 ballot items (Seat NO.3, short term; Seat No. 3--1996 to
2000; Seat No.4, short term; Seat No. 4--1996 to 2000; and one
Charter measure) times 64,024 registered voters. Each ballot
measure is estimated to cost about $16,000.9
Based on historical estimates, and before the complexities
of the election contest were appreciated, Council budgeted
$21,510 for the March election.
The Council needs to appropriate the balance of $58,520,
plus an approximately 5%, or $3,000, contingency, for an
approximate additional funding of $61,500.
without the change back to the plurality rule for special
election contests, a proposal which has been rejected by the
Council, there could be the need to hold special runoff elections
in June, 1996, with an substantial additional cost in the
approximate amount of $125,000, and additional budget
appropriations will be requested.
From a longer term perspective, each of the various
provisions will have different fiscal effects associated with
them:
(1) As to the holding of elections to fill anticipated
vacancies, this will be more costly (about $16,000 to
$20,000 in the current year) than the current procedure of
waiting for a vacancy to occur, and filling the vacancy by
appointment if an appointee can be agreed upon. If an
appointee can't be agreed upon, then it is less costly than
the current procedure of holding a special election--which
runs about $125,000.
(2) As to the change permitting an appointed councilmembers
to remain in Office until the next normal election unless
within three months of the remainder of the term, we should
be able to save the incremental cost of a separate ballot
item10. Thus, the incremental cost of a November special
9. These are based on the registrar's current estimate given all
offices and measures planned to be on the March 26, 1996 ballot.
This estimate can contract or expand as measures or offices are
added or removed to the consolidated ballot.
10. These elections occur when there is a general election
anyway, so the savings is only associated with a separate ballot
(continued. . .)
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election is saved--about $16,000 to $20,000 per ballot item.
attach - Resolution
Excerpt of Minutes of Council meeting, October 17, 1995
e.\vacal13.wp
10. C.. . continued)
item, not the full election costs, which will have to be incurred
anyway.
10
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RESOLUTION NO. /%/ol- 8'"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL AND SPECIAL MUNICIPAL ELECTION AND
REQUESTING THE SAN DIEGO COUNTY BOARD OF
SUPERVISORS TO CONSOLIDATE THE GENERAL MUNICIPAL
ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE
HELD ON TUESDAY, MARCH 26. 1996, FOR THE PURPOSE OF
ELECTING TWO MEMBERS OF CITY COUNCIL AND
SUBMITTING CERTAIN CHARTER AMENDMENTS TO THE
PEOPLE
WHEREAS, under the provisions of the Chula Vista Charter, a General Municipal
Election shall be held on March 26. 1996 for the purpose of electing councilmembers to Seats
Nos. 3 and 4 for the City Council.for four year terms commencing in December, 1996; a
Special Municipal Election shall be held on March 26, 1996 for the purpose of electing
councilmembers to Seats Nos. 3 and 4 for the City Council for the length of the terms
remaining following the election to December, 1996; and for the purpose, at such elections.
of submitting certain charter amendments to the People; and,
WHEREAS, it is desirable that the General Municipal Election and Special Municipal
Elections be consolidated with the Statewide General Election to be held on the same date and
conducted in all respects as if there were only one election within the City with the same
precincts, polling places, and election officers, and that the San Diego County Registrar of
Voters canvass the returns of the General Municipal Election.
NOW. THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
RESOLVE, DECLARE. DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. Call of General and Special Elections for Seat Nos. 3 and 4; Charter
Amendments.
That pursuant to the requirements of the Chula Vista Charter, there is hereby
called and ordered to be held in the City of Chula Vista on Tuesday, March 26.
1996.
(1) Seat Nos. 3 and 4. Long Term (two ballot items)
a General Municipal Election for the purpose of electing councilmembers
to Seat Nos. 3 and 4 on the City Council for the four year terms
commencing December, 1996;
(2) Seat Nos. 3 and 4, Short Term (two ballot items)
a Special Municipal Election for the purpose of electing councilmembers
to Seat Nos. 3 and 4 on the City Council for the unexpired remainder of
1
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the terms of office assigned to such seats following said Special
Municipal Election to December, 1996; and
(31 Charter Amendment Measure (one ballot item)
to submit to the voters certain amendments to the Charter of the City
of Chula Vista as herein proposed.
SECTION 2. Request to Consolidate.
That pursuant to Section 23302 of the Elections Code, the Board of
Supervisors of the County of San Diego is hereby requested to consent and
agree to the consolidation of said General Municipal Election and said Special
Municipal Election with the Statewide General Election on Tuesday, March 26,
1996. for the election of two Members of the City Council and submission of
proposed Charter Amendments. City Council further requests that. in
presentation of the ballot labels for each of two seats for each of the two
terms. that the following note of clarification appear on the ballot:
"The Voter is entitled to specify their choice for office for both Seat Nos.
3 and 4 for the remainder of the current term (expiring December.
1996); and for both Seat Nos. 3 and 4 for the full four year term
(expiring December. 2000). The same person may, but is not required
to, be elected to both the remainder term and full term for a single
seat. "
[Above the ballot label for Seat No.3, for the remainder term, specify:)
"For Seat No.3, please specify which candidate you want to hold said
office until December, 1996."
[Above the ballot label for Seat No.3, for the full four year term,
specify:)
"For Seat No.3, please specify which candidate you want to hold said
office from December, 1996 until December, 2000."
[Repeat for Seat No.4, both the remainder term and full term).
SECTION 3. Call for Charter Measure; Ballot Label.
That a proposed Charter Amendment measure to be submitted to the voters
appear on the ballot as follows:
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,~!"';.-;
_f"--
Shall the Charter be amended to permit anticipated
vacancies to be filled by election instead of by
appointment where there is a consolidated election
occuring between the anticipation of the vacancy and the YES
actual occurance of the vacancy, and to permit various
other changes to the charter rules regarding vacancies? NO
SECTION 4. Upon certification of the results of the election wherein it is truly and properly
certified that the abovementioned ballot label has received an affirmative vote
by a majority of votes cast, Section 303 of the Charter shall be deemed
ordained by the People of the City of Chula Vista to read as follows:
"Sec. 303. Vacancies.
A. When a Vacancy Occurs; Granting Permission for Absences.
If a member of the City Council is absent from four (4) consecutive
regular meetings of the City Council scheduled and held, unless by
permission of the City Council expressed in its official minutes
contemporaneously with such absences or sooner,!/ or is
convicted of a felony or crime involving moral turpitude, or submits
a letter of resignation to the City Clerk ,11 the office shall become
vacant as of the date of the last absence (in the case of four
unexcused, consecutive absences from regular City Council
meetings), the date of such conviction (in the case of conviction
of a felony or crime involving moral turpitude!. or the effective date
of resignation as set forth in such letter of resignation, as
applicable.!/ The permission of the Council shall be granted for
any temporary illness of the requesting Council member disabling
him or her from attendance at such meeting. The City Council
shall declare the existence of any vacancy or anticipated vacancy
~/as soon as practicable.
1. Change: Excuses for absences can be granted in advance of the absence by the Council.
2. Change: Resignation becomes a recognized basis for declaring a vacancy.
3. Change: This change fixes the actual date of the vacancy based on the different basis for
such vacancies occurring. Fixing the date is necessary to start the 30 day duty to appoint.
4. Change: Adds the duty to declare anticipated vacancies to the duty to declare actual
vacancies. Remember the consequence of declaring an actual vacancy triggers a duty to
(continued...)
3
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8. Anticipated Vacancies with Intervening Consolidated Elections;
Duration of Elected Replacee's Term.!;'
If (1) a vacancy is expected to occur in an office of any member of
the City Council or Mayor because of either the election of the
current office holder to another seat on the Council or other office
requiring the surrender of the City office seat, and (2) if, between
the time the expectation of vacancy occurs (by final election
results for the other election contest having been announced) and
the time the actual vacancy is expected to occur, any other
federal, state or local (non-City) election involving all~' the electors
of the City is scheduled to be held at such a time that permits a
special election to be called and consolidated with such other
federal, state or local election, then (A) the City Council shall call
and request consolidation of such special election with such other
election or elections, and (8) the vacancy so expected to be
created shall be filled by such special election. A person elected
in such special election. to fill a vacancy shall serve for the
remainder of the term of the officell and until a successor
qualifies.!!!
C. Duty to Appoint; Duration of Appointed Replacee's Term; When
Special Election Required.
Except under the circumstances hereinabove provided in paragraph
8, the City Council shall use its best efforts in good faith to fill
4. (...continued)
appoint in 30 days, if possible; but the consequence of declaring an anticipated vacancy will
be to call for an election to fill the anticipated vacancy at the date of the intervening
consolidated election.
5. Change: This entire subparagraph 8 is new, and advances the concept that we can place
a seat on the ballot for election even though not yet vacant if it is expected to become vacant
due to election to higher office.
6. The Council may wish to consider. at this point, the insertion: "or substantially all". We
could fund the cost of minor additional coverage.
7. Note that this is not just to the next seating date. but for the entire duration of the Office's
term.
8. This sentence is intended to apply to elected replacees under the intervening consolidated
election rule. The same rule is used later for length of office of any elected replacee--that they
serve the remaining term after the special election.
4
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such vacancy by appointment within thirty days of their declaration
of the existence of the vacancy.
1. Mandatory Appointment of Elected Successor Required.
1f, at the time the Council is called upon to declare the
existence of a vacancy, a successor to the seat has already
been determined by election, and the successor is awaiting
the seating date to commence her or his term of office, the
Council shall forthwith appoint such successor to the
vacant seat for the remaining term.!!
2. No Appointment Made; Duty to Call Special Election.
In the event Council shall fail to fill a vacancy by
appointment within thirty days after such office shall have
been so declared vacant, or sooner, if impasse is reached
sooner, it shall forthwith cause a special election to be held
to fill such vacancy. The successful candidate elected as
such a special election shall be entitled to hold office for the
remainder of the nominal term of office for such seat.!Q1
3. Appointment Made; Length of Service; Next Election
In the event Council shall make such an appointment, such
an appointee office holder shall be entitled to hold office
until the next city election called for any reason including
but not limited to general municipal elections, general
municipal runoff elections, special elections otherwise
called, special runoff elections otherwise called (assuming
the Charter otherwise continues to require same), recall,
referendum or initiative elections, and until a successor
subsequently qualifies.ill In addition to such other
9. Change. This is a new, but seemingly reasonable concept of a mandatory appointment.
The appointee will have already been selected by the elector process, and will be awaiting
seating for the full term for the same office. This proposed language makes the duty to make
a mandatory appointment "seat-specific" such that it only applies to the candidate elected to
the same seat. If a vacancy exists in Seat No.1, but Candidate X has been elected to Seat
No.2 and is awaiting the December seating date, the Council can, but does not have a duty
to, appoint Candidate X to the vacant Seat No. 1 until he or she gets seated (in December)
to Seat No.2.
10. This is the current Charter scheme. No change.
11. Change. The current scheme provides that the appointee holds office until the first
(continued...)
5
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matters that may be placed on such ballot, at the call of
such subsequent election, the Council shall also place on
the ballot thereof, the office to which the appointee has
been appointed. Upon certification of the results of said
special election, the successful candidate for such office
shall be entitled to hold office, subject to the usual causes
for vacancy, for the remainder of any unexpired nominal
term of said office, and until a successor qualifies.
3. Minimal Remaining Term.W
Notwithstanding any other requirement herein to the con-
trary for calling a special election to fill a vacancy, if, after
the election results would be determined and the successful
candidate seated, the remaining term of office would be
three months or less, the Council shall not call such special
election. In such case, the Council shall comply with
Section 303(C)(1) if a successor to the seat has already
been determined by election. Otherwise, the Council's
power to appoint within 30 days of declaration of vacancy
is hereby extended for the duration of such minimal remain-
ing term until filled. The Council shall use good faith and
best efforts to reach agreement on such an appointment
until they have declared an impasse, after which they may
allow the seat to remain vacant for the duration of such
minimal remaining term.
A vaeaAey iA tAB sHies at SA" msml3er at tAB City CSl:JAsil
fraM \.;f:late\~er eS1.::Ise arisiAg, st:lslll3e filleel BY 8pfJeiRtmeAt i3y the
Cit"( CS\:IReil, slo:Jsl4 apf3eiAtee te t-lelEt sHiea I:JAtil the first Tl:J8Sas';
11. (...continued)
Tuesday following the next general municipal election. See Section 303, First Paragraph.
Since that was written, however, we have developed concepts of runoff elections for general
and special elections, thereby increasing the number of possible elections held sooner than
that "next general municipal election." The drafter's intent seems clearly to have been to get
"elected" v. "appointed" officials as soon as economically possible, and to stay true to that
intent, the language should be changed to require that the seat be made available for electoral
selection at the next available election opportunity.
12. Change. This is a revisitation of the "election free zone" or a period of time prior to an
normal term election that would nullify the duty to call a special election. The Council, at the
last meeting, could not agree on the length of time. I would urge you to agree to at least a
minimum of three months, even though I recommended initially a year. Otherwise, you will
some day be in the awkward situation of being forced to call a full scale election in order to
fill three week term between the November runoff election, and the December seating date.
6
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f0I1e,.~..iRB tAe Rent BeAersl ffi\;.lAieipsl sleetieR BRei until s sueeessor
Qualifies. At the A8)(t gaRarsl mUAieil3BI eleetieR fells.....iAg BA"
...aeaRey, S CSl::IReilmBml3er sr Mayer st:lallbe eleeteel t9 ssr....e fer
tAe remaiRaer af SAY l::IAe)(pires term af saia sffiee.
If S member af tAe City CSI:JAeil is sbeeRt frem fBldr (<1)
eSAsseI:Jtiv8 regl.Jlar meetiABs ef tt-le City CSl:IAeil set-lesl:JleEf BRei
RelEt, l;;;IAless b'; l3ermissieA af tRe Cit./ CSl;;;IRsil e)(presseel iA its
effieial miRl:Jtes eeAtempsrsAas\;Jsly 'A'itA sueR al3seAees, ar is eaA
vieteEl af a taleA'; ar srims iAver...iAg mersl t\;Jrpitblse, tAe Bffiee
st-lall 988emB '/seaAt. TAB permisaisA 8f tAe CSI:JAeil sRall I3s
graAtseI fer aA',' tempsrar'/ HlAess af tRe reEl1;JastiAg CS\;JAsilmember
Eiisal3liAlj Rim Sf t-ler fram attsAelaAee at sl:JeR meeting.
TAe City Ce\;.lAsil sRall aeelars tAB BldstsAee af SAY vaeSAe.t"
as seeR as praetiealals. Tf:te Cit.,. Cel:JReil shalll:Jse its best effarts
iA ueeel fsitt.l te fill SI:Jf)R \.'sasAeyl3'/ 819paiAtmeAt ~...itt.\iA tt-lirt,; da',s
af tt-leir eleelarstieA af tt-le e)(isteAse af tf:te ..aesRs,!, IA tt.\e S....SAt
it st.\all fail tB fill 8 ':8eaAey bo,. 819paiAtmeAt 'Nitt.\iA tf:tirto/ EJa'/s after
SliEJI::l sffies sl::lsll 1=.8\'9 BeeR sa Efeelaree vaeaAt, er saBAer, if
impasse is reaet.leel SaEJAer, it st.lall fertt-l'lJitt.l eal;Jse SA sleetieR ta
l:te ~ela t8 fill Sl;JeR vaeaAey. n
SECTION 5. That the San Diego County Registrar of Voters is authorized to canvass the
returns of the General and Special Municipal Elections.
SECTION 6. That the City of Chula Vista recognizes that additional costs will be incurred by
the County by reason of this consolidation and agrees to reimburse the County
for any costs.
SECTION 7. That the City Clerk is hereby directed to file a copy of this resolution with the
San Diego County Board of Supervisors and Registrar of Voters.
SECTION 8. The Council reserves the authority to make minor technical changes,
amendments and deletions in the actual language of the Charter amendments
herewith set forth in Sections 3 through 4 between the date of adoption of this
resolution and end of the public examination period, upon a finding that such
change is necessary in order to have the language achieve the plain meaning
of the purposes and intent of the ballot label and upon receipt of 4/5ths vote
at a public hearing conducted at a televised and regularly scheduled meeting of
the City Council.
SECTION 9. The Council further resolves that registered voters desirous of nominating a
candidate to the same seat for both the short term for which the Special
Election is called, and the full four year term of office for which the General
Municipal Election is called may used the same nomination papers, as long as
such nomination papers specify that the candidate is being nominated for both
such terms of office.
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SECT. 10. The Council hereby appropriates $61.500 from the unappropriated balance of
the general fund reserves to Account No. 0170-5202.
SECT. 1 1. That the City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original Resolutions.
Presented by:
I Z7Y~
V Bruce M. Boogaa
City Attorney
r.
,
Beverly A. Authelet
City Clerk
e:\elec-ca1.res
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Minutes
October 17, 1995
Page 17
must be posted under the authority of a City Council resolution upon a finding by the Council that the park
or a portion thereof &0 posted has experienced problems with the public's consmnption of alcohol".
23. RESOLUTION 18078 ACCEFJ'ING STAFF'S PROPOSED PLAN FOR THE 1996 CULTURAL ARTS
FESTIVAL, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE CHULA
VISTA JUNIOR CHAMBER OF COMMERCE TO PROVIDE PASS-THROUGH OF $15,000 OF PORT
DlSTRlCT FUNDING TO SUPPORT THE 1996 CULTURAL ARTS FESTIVAL - On 4/18/95, Council
Ipproved the combiDation of the Cultural Arts Festival, the Community Pride Fair and Winterfest. Staff was
ditected to plan and implelDODt a single special event to be conducted in the Spring of 1996. Staff recommends
Ippt'OVa! of the resolution. (Ditector of Parka and Recreation)
RESOLUTlON 18078 OFFERED BY COUNCILMEMBER PADILLA, reading of the text was waived,
appro"ed 4-0-1 with Moot absent.
24. REPORT FROM THE CHARTER REVIEW COMMISSION AND CITY ATrORNEY REGARDING
VACANCY REFORM - On a referral by Council, the Charter Review Commission and City Attomey recommends
that Council submit to the people, for inclusion in the Charter, a Vacancy Reform proposal. It is recommended
that Councillpprove the Vacancy Reform amendments to the Charter for inclusion on the March, 1996 Ballot, and
direct the City Attorney and City Clerk to include said language on the Resolution calling for the March, 1996
election. (City Attorney and Charter Review Commission) Continued from the meeting of 10/3/95.
Councilmember Moot stated be would abstain from participation as be felt it would directly affect his eleiction.
Mr. Boogaard stated the only proposition that could affect Council member Moot would be the plurality rule.
Council member Rindone felt the three proposals were moving in the rigbt direction and be was pleased. He was
opposed to the second proposal for the one year period. A democracy was based on elected representatives and
there was a cost to it. He realized there needed to be a balance and felt three months may be reasonable. )f there
was a major intervening election, the City election could be beld without calling a special election and, therefore,
the costs would be minimal. It was Council's responsibility to ensure that whenever possible that election~ would
be beld instead of Ippointments being made. He would support recommendation two if modified to 'bree IOOnths.
The modification would state "only in the situation wbere there was a major election and the costs would be
minimal- .
Mr. Boogaard stated page 16-10, second line, should delete "meaning of one year" and insert "meaning of three
months" or wbatever policy cboice the Council made. Staff recommend Council direct the City Attomey to retum
with a formal resolution calling the election and placing among the other offices in the March election the vacancy
reform measure.
MOTION: (RincJone) to accept the report and Charter Review Commission recommenclations, accepting
pro"isions 1 and 3 with provision 1 amended to '" clays.
Mayor Horton stated she supported the City Attomey's recommendation. Sbe agreed elected officials should be
elected, but Council needed to use common SODae and balance the length of lbe term against the costs. She could
DOt _ spending $16,000+ for a three month period. She did bave a problem with provision 3 which was the
plurality issue. She bad been elected under the new rules whicb required a majority vote and the citiZoOllS had voted
on that loud and clear and she felt the Council needed to respect that.
Councilmember Rindone stated that would ooly occur if there was already a scbeduled major election between the
three and six months. The City would not call a special election during that period of time. Provision 3 would not
change Proposition "J". If there was a need for a special election if a plurality was not received by one candidate
and it was for a short period of time, instead of baving the cost of two elections a person could be cboae" without
a plurality vote.
COuncUmember Padilla questionec:l if Council was creatU.ll an opportunity for more members of the Council to be
elected by a plurality by CODcumDtly implementing the i'rovisions of the election free zone with the elimiDation of
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.Minlileio
October 17, 1995 .
Paae 18
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.he requitemeDt for a majority in a special election. He further questioned if there wu a way of making the geoeral
municipal election for the full term fuoction u the ruo-off for the interveoinll election.
Mr. Boogaanl atated the election in March wu the geoeral muoicipal election which would decide who could sit
in two _ta for four years startioll in December 1996 to December 2000. The same election wu goinll to be a
special. election to decide who wu lloinll to occupy CoUDcilmember Moot's aod A1evy's seats from March to
December. The geoeraJ muoicipal election occurred every two years aoddetermined the four year term occupaocy
aod _ acbeduled hy the Charter to coincide with the state-wide primary for presideotial aod JU~torial
elections, but they were fixed dates. A special election wu aoy other election held for a vacaocy or to eoact a
-.
.
AMENDMENT TO MOTION: (Rindone) to cbanae " days to Iix months.
SECOND TO MOTION, AS AMENDED: (Padilla)
Co\lDclI_mber Padilla felt the six month buffer wu u adequate a twelve months aod wu probably preferable.
There ..-led to be an adequate buffer so people would not be ruooing for a three week term at a great expense to
the City. The net effect wu the same and he felt CoUDcil all had the same goal.
Mayor Hortoa lIlated she would coosider the silt months, but felt the Charter Review Commission recommendation
_lllUllIUlble, therefore, she would not support the motion on the floor. She wu also concemed with the plurality
vote. 8<<'0. the people had voted to support a majority vote she would have a hard time supporting the proposal.
MonON WITHDRAWN: (Rindone)
MSC (RindonelPadilla) to appron the Charter Review Commission recommendation for provision #1,
Inexpensive, Intenenina Election Rule. Approved 4-0-0-1 with Moot abstaini11ll.
MS (RindooelPadilla) modification of the Charter Review Commission recommendation for provision 111.,
Appointed Councilpersons Period Of Service, to 180 days instead of o..e year.
~
Mayor Hortoa atated she supported the Charter Review Commission recommendation and, therefore, would not
.upport the motion.
~ VOTE ON MOTION: failed :z..1-O-1 witb Horton and Alevy opposed and Moot abstaining,
Mr. Boogaanl atated Councilmember Moot's only conflict wu with the plurality Nle and he wu not affected by
either an anticipated interveoinll vacaocy or the duration of service of ao appointed replacee since he would have
to stand up to an election.in March. If he wu inclined, since the item had been bifurcated, he could participate.
. Bob Campbell, Chair, Charter Review Commission, ltated it wu a difficult question, butafler indepth review
by the Commission there had been alllllDimous vote by the Commission on each portiOD. It wu not an issue where
10_ _ right or wrong, it wu a perceptiDO or uoderatanding.
COInuo;ii-t- padilla questioned if Council could _d the item back to the Commission for additional optioas,
i.e. limiting a plurality vote to a specific U- period.
Mr. BoogaanIlIlated the effect ohine mouths would be to eliminate an appointed replacee having to stand up to
a J_ election, but require himlher to stand up to a March election. He expressed concem with a U- coostraint
in onIeI' to let the provisiODS DO the March ballot.
Mayor Hortoa felt the Council sbouId DOl tush to get it DO the March ballot.
CounciImember Jlindone stated maybe the only thinll that would be placed on the March ballot would be the first
,,",vision which had been IlIlIDimously approved by Council.
Mr. !Ioogaanl atated in March if there _ not a clear winner, UDder the Charter requiremeoa the Council would
have to call a special ND-off election as IOOD thereafter as practical. That gave the CoUDcil , certain amount of
IatituJe to detamine what was prIclical. When written and wheo brought to CoUDcil'. at\e"'lioD it wu suggested
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October 17, 1995
Paie 19
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that the cost of baving a speciallUDo()ff election could mean lIS lOOn lIS 103 clays thereafter at a substantial cost of
$120,000+ to fill a seat for less than four months. He uried Council to consider some form of the plurality rule.
even if it meant using the plurality rule within two years of the election and the clear winner stanclard if it was
beYOlldlWO years.
MSC (Padil1alHorton) to send provisions:1 and 3 to the Charter Review Commission for review and additional
options. Approved 4-0-0-1 with Moot abstainina.
ITEMS PULLED FROM THE CON~NT CALENDAR
Items pul1ed: 13, 14, and IS. Tho minutes will reflect the published aaeoc1a order.
OTHER BUSINESS
:15. CITY MANAGER'S REPORTISI
.. Scbedu1ini of -un,s. Mr. Goss stated the Board/Commission banquet WllS on Thursclay, October 19th.
b. The Southwestem Col1eie Board approved the contract previously approved by Council f(lr the transit center.
Tho nellt step would be to take it to the County.
c. The sample of the Olympic Trainini Center directional sign WlIS in the Chamben for public viewing. .
d. The TV aeries Rene,ac1e would be filming at the City on Monclay and Tuesclay.
e. State Constitutional Review CoJgmission - State/SANDAG bearings. No discussion beld.
:z6. MAYOR'S RF.PORTIs)
. Mayor Horton c:0mme0c1ec1 the Fire Department and Police Department on their open boUle beld on Saturclay.
27. COUNCn.. COMMENTS
CouncilftV!mber Moot
. RESOLlrrION 18079 SUPPORTING THE LEAGUE OF CALIFORNIA CITIES' RESOLUTION ON
SALES TAX REDISTRIBUTION TO INCREASE THE AMOUNT RECEIVED BY CITIES TO:1% . The
subject resolution ~s to redistribute I" sales tall from the State to cities.
Councilmember Moot stated the proposal was that cities should be able to keep an additional 1" of the sales tall
ttiat WlIS ieneratec1 in the cities to UIe to solve the economic and financial issues cities were facin,. M the rederal
JOVernment came to the wisdom of lettin, the states keep more of the money to solve their problems cities needed
to ask state ,overnment to allow them to keep more of the money they generated to solve their issues. He believed
the propil8al was worthy of the support of Council and should be brought to the attention of all legislaton in
Sacramento. It would allow the cities to provide police and fire protection and ac1dress the public safety issues
within their cities.
RESOLUTION 18079 OFFERED BY COUNCILMEMBER MOOT, reading of the text was waived, passed
and approved unanimously.
Councilmember Padilla
. CouDcilmember Pac1il1a stated be bad the opportunity to attend the opening of Olympic V'_ Elementary School.
. CouDcilmember Padilla stated dlere was no conflict with his participation in the MeA amphitheater bt.arings
WIder the law. Action taken by him reiardini the amphitheater on Otay Mess would have no impsct on his job as
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Page 1, Item c20
Date November 21. 1995
Council Agenda Statement
SUBMITTED BY:
Resolution / fi / / <j authorizing the Mayor to execute a Power to Save
Incentive Agreement with SDGE for the implementation of Phase II of a
comprehensive energy retrofit program; amending CIP GG149 Energy Retrofit
Phase II to the FY 1995/96 appropriating $87,618.32 funds therefor.
Barbara Bamberger, Environmental Resource Manag'et--~
TITLE:
REVIEWED BY:
John D. Goss, City Manager G i/' 4 (4/5th Vote: YesJ;_ No-->
.frl Council Refemtl #: 2783 & 2801
The City has been involved in an energy retrofit program with SDG&E to take advantage of incentive
funds, save future energy costs and reduce CO2 emissions. On March 14 1995, Council approved
Phase I of a three phase comprehensive energy retrofit program through the CIP program. Phase I
included complete lighting retrofit for 7 major city buildings, which cost a total of $207,000 for which
the City received incentives from SDG&E of $46,700 and saved 1,865,800 lbs of CO2 emission
annually. Phase II will continue this program to retrofit the remaining 22 city facilities at a total cost
of $113,365.62 for which the City will receive a $25,747.30 incentive from SDG&E for a net cost of
$87,618.32. It is recommended that this program be funded with $10,000 in unanticipated revenue
from a bonus SDG&E rebate from Phase I, $1,925 from the Parking Meter Fund, and the remaining
$75,693.32 with general fund available fund balance. .
RECOMMENDATION:
1) Approve the resolution authorizing the Mayor to execute a Power to Save Incentive Agreement
with SDGE for the implementation of Phase II of a comprehensive energy retrofit program;
2) Approve amendment to CIP GG149 Energy Retrofit Phase II to the FY 1995/96 Capital
Improvements Program and appropriate $87,618.32 -- $10,000 from unanticipated revenue from SDGE
Phase I, $1,925 from the Parking Meter Fund and the remaining $75,693.32 from the General Fund
Available Fund Balance.
BOARDS/COMMISSIONS: N/A
DISCUSSION:
Phased Retrofit Program
The City is in the process of implementing a three phase comprehensive energy retrofit program
through the CIP program. Phase I was approved by Council in March 1995 and completed in July
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Page 2, Item
Date November 21. 1995
1995. It included complete lighting retrofit for 7 major city buildings, which cost a total of $207,674
for which the City received incentives from SDG&E of $46,700 and saved 1,865,800 lbs of CO2
emission annually. Due to the fact that the City realized an annual $103,508 savings as a result of
Phase I, $78,414 was subsequently cut from the FY 1995-96 utilities budget. Phase I upgrades
focused on reducing wattage and reducing operating hours through automatic control devices. To
reduce watts, the program upgraded regular Tl2 florescent lamps to more efficient T8 compact
fluorescent lamps and energy efficient electronic ballasts. The electronic ballasts operate fluorescent
lamps more efficiently. Occupancy sensors were used to cut energy use by reducing the operating
hours lights are turned on. They are cost-effective devices that ensure lights are energized only when
occupants are present; occupancy sensors have been placed in offices and conference rooms
throughout major city buildings. These sensors allow an employee to work in the evenings or
weekends in a large office environment without having to light the whole office; thus when the sensor
detects motion, it activates a control device that turns on the light. If no motion is detected within a
pre-designated period, the lights are turned off until motion is sensed again.
To demonstrate achieved savings resulting from Phase I, the table illustrates realized energy cost
saving to City. These savings are based upon an examiniation of monthly energy bills from August
and September 1995 compared to the energy bills for the same months last year. Phase 1 was
completed at the end of July 1995:
Table 1
Phase I Energy Cost Savings
Facility Before Phase I: After Phase I: Total 2 month
1994 August & 1995 August & savings to Gty
September September energy resulting from
energy costs costs retrofit
Downtown $23,419 $21,185 $2,234
Library
City Hall and $5,013 $4,309 $704
Public Services
Police $15,952 $12,243 $3,709
Department
Total $44,384 $37,737 $6,647
Phase II
Council is being asked to approve an agreement with SDG&E to proceed with Phase II. Phase II will
continue this program. It will upgrade the remaining 22 city facilities at a total cost of $113,365.62
for which the City will receive. a $25,747.30 incentive from SDG&E for a net cost of $87,618.32.
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Page 3, Item
Date November 21. 1995
Phase II will result in an annual direct utility cost savings of $34,899. Phase II incorporates a
complete audit and subsequent retrofit of exterior and interior lighting. These upgrades will
significantly reduce energy use at 22 public buildings and 9 exterior facilities including parking, tennis
courts and sport fields totalling 232,062 square feet. The retrofit "design" team includes city staff,
SDGE and consultants from Boswell and Associates. Phase II will include compact florescent
upgrades, occupancy sensors throughout, exterior lighting retrofits, exit sign upgrades using LED (light
emitting diodes) instead of incandescent lights, etc...
The City received an excellent incentive rebate for Phase II from SDG&E. The total incentive offered
was $25,747.30. This equals $.07 cents per kilowatt hour saved. Typically, SDG&E incentives range
from $.03 - $.05 cents per kilowatt hour saved.
The following guidelines were used to implement Phase II, which included a full scale energy auditing
of interior and exterior lighting including:
. examination of a full range of energy devices and energy - related capital improvements at 37
locations.
. a detailed energy audit, which will reduce energy consumption associated with the heating,
ventilation and air conditioning system for major buildings, the lighting system, building
envelope, the domestic hot water system, and other energy using devices.
. Improvements resulting in a minimum energy and C02 savings indexed to actual measured
reductions in energy cost or consumption. The energy savings achieved need to be sufficient to
cover all project costs including annual recommended maintenance and monitoring fees.
Analysis also included lighting conditions, such as:
. Consideration of effects of glare, lamp color temperature, color rendering, uniformity and
illuminance at visual task locations.
. Identification of target light levels based upon the tasks performed in the space and
recommendations for illuminating such tasks.
. Consistency with the EPA Green Lights program, identify savings with net present value> 0,
discounting at 20% (Internal rate of return> 20%).
Phase II auditing identified $34,899 in annual energy savings and CO2 emission reductions by 294,518
pounds annually. This amounts to $418,788 savings to the City after 12 years (see table 2, page 5).
limited Time on lighting Incentive
Because SDG&E's lighting incentives will be discontinued January 1, 1996, while incentives for the
mechanical upgrades (heating, ventilation and air condition, pumps, etc...) will continue into 1996;
staff is recommending that Phase II implementation be done immediately so all lighting upgrades will
be completed by December 31st, 1995 in order to assure the city receives all possible lighting
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Page 4, Item
Date November 21, 1995
incentives from SDG&E. Staff worked with SDG&E to assure that completion would coincide to take
advantage of the incentives available through the end of 1995.
Phase III
Staff will be bringing back to Council recommendations for implementation of Phase III after January
1 st, 1996. The third phase will audit energy use related to mechanical systems and physical building
structure. Phase III will begin after January 1st, 1996. Again, Phase III will include auditing HV AC,
mechanical pumps, natural lighting, skylights, and other related equipment. Because SDG&E
continues to have incentives for mechanical upgrades, the City will be able to take advantage of their
rebate program for Phase III upgrades throughout 1996. Staff will come back to Council with a
proposal for the fmal phase.
Power to Save Agreement
The Power to Save Agreement is a memorandum of understanding with SDG&E, which identifies all
retrofits to be conducted, incentives to be provided to the City, permits the upgrades to proceed and
SDG&E to contract directly with a contractor on behalf of the City. SDG&E has already bid the
City's retrofit project to their list of pre-qualified contractors. Once the agreement is approved by
Council, the upgrades will proceed immediately. In order to fulfill the MOD, the City must complete
implementation of the lighting retrofits by December 31, 1995.
Phase II Program Funding
The total cost of the program is $113,365.62 less the rebate ($25,747.30) for a total of $87,618.32.
The rebate is deducted up front from the total cost of the proj ect as SDG&E directly contracts for the
work to be completed; thus the City will not have to be reimbursed. To determine the actual cost to
the city the net cost better represents what the city budget requirements are. The City received
$10,000 in October 1995 from SDG&E in unanticipated revenue as a bonus for completing Phase I of
the Retrofit program 90 days after the contract was approved by Council. Those funds are requested
to be placed in the CIP Project GG149 and used to offset the cost of Phase II. Because this is a
program that generates savings, the program will pay itself back in two and a half years.
Additionally, energy savings for half year January to June will be realized within this fiscal year;
totaling $17,449.50. Thus, the net cost for Phase II to the city will be $60,168.82.
Staff is recommending amending the CIP project GG149 to include an appropriation of $87,618.32
which would consist of: $10,000 of unanticipated revenue from SDG&E resulting from Phase I, $1,925
from the Parking Meter Fund (resulting from the total retrofit cost of the downtown parking facility -
$3,265 less the incentive for that facility, and taken from the fund which pays for the operation of the
downtown parking lots) and the remaining $75,693.32 from the General Fund available fund balance.
Table 2 demonstrates energy cost savings realized over 5 years and cumulative savings after 12 years
once Phase II is implemented.
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Page 5, Item
Date November 21. 1995
Table 2
Cost savings per year & over 5 years realized after Phase II Implementation:
year 1 $34,899 $ 34,899
year 2 $34,899 $ 69,798
year 3 $34,899 $ 104,697
year 4 $34,899 $ 139,596
year 5 $34,899 $ 174,495
Table 3 indicates the level of cost and energy savings and the associated CO2 reduction, consistent
with the City's CO, Reduction Strategy. Staff is recommending moving forward with each building
listed with the exception of the college tennis building due to the fact that it is not a cost effective
measure, it has limited energy cost savings and a long payback period. The costs listed below
represent the highest potential costs for each building; staff anticipates these costs may be reduced
upon additional consultation with the contractor.
Table 3
Phase II facilities included are as follows:
Animal Shelter 690 Otay 7,652 $849 $2,934.00 $807.50 2.5
Valley Rd
Butler Building! 80 E. J Street 10,056 $1,116 $3,141.05 $1,092.00 1.84
Fire Station 2
360 3rd Ave 3,289 $365 $1,803.64 $440.00 3.74
Chula Vista
Museum
College Tennis 900 Otay 669 $74 $1445.92 $205.00 16.72
Lakes Rd
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Page 6, Item
Date November 21. 1995
Community 263 Fig Ave 13,137 $1,458 $3,509.75 $801.00 1.86
Development
Downtown 340 F Street 12,877 $1,252 $3,929.94 $1,340.00 2.07
Parking
Eucalyptus 24th Ave 5,973 $424 $2,248.36 $160.00 4.92
Park
Firestation 3 266 Oneida 8,515 $945 $2,094.02 $244.00 1.96
Firestation 4 861 Otay 13,068 $1,451 $2,852.00 $672.00 1.5
Lakes Rd
Firestation 5 391 Oxford 10,376 $1,152 $3,074.00 $480.00 2.25
Firestation 6 975 Lane Ave 4,625 $513 $2,088.13 $475.00 3.14
Greg Rogers 1195 Oleander 2,340 $260 $2,072.92 $150.00 7.4
Park
Lauderbach 333 Oxford 7,483 $1,941 $6,208.00 $1,170.00 2.6
Legislative 260 Guava 20,472 $2,272 $8,403.64 3,321.00 2.24
Offices
Loma Verde 1420 Loma 66,817 $5,667 $14,200.00 $5,190.00 1.59
Rec Center Lane
Norman Park 270 F St 28,036 $2,377 $10,954.63 $1,130.00 4.13
Center
Police Station 276 4th Ave 1,638 $128 $1,360.96 $275.00 8.48
(exit lights)
Public Works - 707 F Street 76,901 $6,524 $17,535 $4,089.00 2.06
Admin
Rohr Park 4548 10,417 $1,988 $7,431 $860.60 3.31
Buildings Sweetwater
Visitors Center 760 E Street 2,168 $241 $1,409.90 $50.00 5.64
Women's Club 357 G Street 4,038 $448 $2,386 $367.60 4.5
Youth Center 485 L Street 31,497 $3,454 7,283.00 $2,427.60 1.41
Contingencies 5,000.00
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Page 7, Item
Date November 21. 1995
FISCAL IMPACT: Approval of the resolution will result in amending CIP project GG149 to include an
additional appropriation of $87,618.32. The funding source is $10,000 in unanticipated revenue
received as a bonus from SDG&E for completion of Phase I, $1,925 from the Parking Meter Fund (total
retrofit cost of downtown parking facility - $3,265 less incentive for the facility) and taken from the fund
which pays for the operation of the downtown parking lots; and the remaining $75,693.32 from the
General Fund Available Fund Balance. The impact of the use of Fund Balance is expected to be offset
by $17,449.50 in utility savings to be realized this fiscal year.
Energy savings from Phase II. confirmed by SDGE, will provide an annual savings of $34.899 and the
City will realize a cumulative gross savings of $174,495 in five years after implementation. and
$418,788 in savings 12 years after implementation.
ATTACHMENTS:
Power To Save Energy Agreement with SDGE
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RESOLUTION NO. 18114
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE A
POWER TO SAVE INCENTIVE AGREEMENT WITH SDG&E
FOR THE IMPLEMENTATION OF PHASE II OF A
COMPREHENSIVE ENERGY RETROFIT PROGRAM;
AMENDING CIP GG149 ENERGY RETROFIT PHASE II TO
THE FY 1995/96 CAPITAL IMPROVEMENTS PROGRAM;
APPROPRIATING $87,618.22 THEREFOR
WHEREAS, on March 14, 1995, the Council approved
implementation of Phase I and approval to begin Phase II of a
comprehensive energy retrofit program for municipal buildings; and
WHEREAS, Phase I, which incorporated a complete lighting
retrofit to reduce cost and energy consumption for the seven major
City buildings is now complete and the city is expected to annually
save approximately $34,000 and reduce CO2 emissions by 294,518
Ibs.; and
WHEREAS, staff is recommending acceptance of a contract
wi th SDG&E and expenditure of $87,618.22 to implement lighting
retrofits for 22 of the city's buildings.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby authorize the Mayor to execute a
Power to Save Incentive Agreement with SDG&E for the implementation
of Phase II of a comprehensive energy retrofit program, a copy of
which is on file in the office of the city Clerk as Document No.
_ (to be completed by the Clerk in the final document).
BE IT FURTHER RESOLVED that the city Council does hereby
approve CIP GG149 Energy Retrofit Phase II to the FY 1995/96
Capital Improvements Program and appropriate $1925 from Parking
Meter Fund, $10,000 from unanticipated revenue and $75,693.62 from
the General Fund available fund balance.
Presented by
Approved as to form by
Barbara Bamberger, Environmental
Resource Manager
Bruce M. Boogaard, City
Attorney
C:\rs\retrofit,PII
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BUSINESS EN~RGY SAVINGS
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POWER TO SA VE INCENTIVE AGREEMENT
OWNER AGREEMENT (sd)
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This Agreement is entered into between SAN DIEGO GAS & ELECTRIC ("SDG&E"). a California
corporation, and CITY OF CHULA VISTA ("Customer"), Contract Number See Attachment LA.
In consideration of the mutual covenants and conditions contained herein, the adequacy of which is hereby
acknowledged. the panies agree as follows:
1. SDG&E agrees '0:
a. Select a general contractor ("Contractor"), by competitive bid, to purchase and install or
replace certain equipment with energy efficient equipment. as set forth in Attachment I
(Executive Summary), hereafter referred to as "Equipment" located at See Attachmentl.A
("Facility") in the city/county ofChul~ Vista, CA 91914-3501 as set forth in Attachment I.
b. Arrange with the Contractor for the purchase and installation or replacement of the
Equipment at the Facility. Customer acknowledges that the Incentive will be adjusted if the
actual equipment purchased and installed differs from that set forth in Attachment I.
Customer also acknowledges that no incentive will be paid for equipment in excess of that
set forth in Attachment I.
c. Accept payment from Customer of the amount in paragraph 2.a. and forward such amount
plus the Incentive available under SDG&E's Power to Save Incentive Program ("Incentive")
to Contractor as full payment for the purchase and installation or replacement of the
Equipment under this Agreement.
2. Customer agrees to:
a. Pay an amount to SDG&E equal to the difference between the amount payable to
Contractor for the purchase and installation or replacement of the Equipment and the
Incentive. This amount is currently estimated at 582,618.32, which amount must be paid to
SDG&E before Contractor will begin work at the Facility. This amount is equal to the
Contractor's estimate of 5108,365.62 less the estimated Incentive amount of 525,747.30
Customer will pay the balance owing. if any, when the final Contractor invoices have been
received and when the fmallncentive is calculated.
b. Pay any taxes which may be imposed on Customer's business or Facility as a result of
Customer's receipt of the Incentive hereunder. Customer will provide SDG&E with their
Federal Tax ID number for tax purposes.
c. Cooperate with SDG&E in the verification by SDG&E of both the purchase and installation
of the Equipment.
d. Allow SDG&E to inspect the Equipment at reasonable times, both before and after
installation of the Equipment, to verify Customer's compliance with it's obligations under
this Agreement and to conduct such monitoring or other activities as may be appropriate or
required to obtain full regulatory benefit from the Facility. This paragraph shall survive the
tcnnination of this Agreement.
e. Continue using the Equipment for a period of five years from the date the Equipment is
installed or replaced. Customer acknowledges that the Incentive is based upon a Customer's
using the Equipment for a minimum of five years and that failure to comply with this
paragraph will obligate Customer to pay liquidated damages to SDG&E under Paragraph 8
of this Agreement.
CKGFORM Rev 11116/95
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.
.
3, Customer represents that it has read, understands, and agrees to comply with the Power to Save
Program requirements, Attachment 2 (Equipment List), Executive Summary, the Terms and
Conditions attached hereto and incorporated herein by reference, and this Agreement.
4,
The total potential Incentive for the Facility under this Agreement is 525,747.30 The actual Incentive
may be lower than the total potential Incentive if the actual installation cost is less than the estimated
installation cost provided by SDG&E in the energy analysis,
5, The funding approved for this Program is limited and will be credited on a first-come, first-serve
basis to qualified Customers according to the date of verification of purchase and installation.
6. The selection, purchase and ownership of the Equipment is the sole responsibility of Customer
SDG&E makes no representations as to the safety, reliability, andlor efficiency of the Equipment
selected. or any components thereof. SDG&E makes no warranty, whether express or implied.
including any warranty of merchantability or fitness for any particular purpose, use or application of
the Equipment.
7. This Agreement shall be effective on the date it is signed by an SDG&E representative. Purchase
and installation of the Equipment must be completed within 90 (ninety) days from the effective date
of this agreement unless otherwise agreed by SDG&E and Customer.
8. After making an Incentive pa)'lllent to Customer. in the event the Customer fails to perform in accor.
dance with this Agreement, said Customer will be responsible for paying Liquidated Damages equal
to the amount of the Incentive pa)'lllent attributable to the period of non-performance plus interest at
the le.al rate. The interest charge represents the estimated lost earnings to SDG&E assuming these
funds had been available to SDG&E for investment during the period of performance.
CITY OFCHULA VISTA
SAN DIEGO GAS & ELECTRIC
Signature
Signature
MJ Allen
Print Name
Print Name
Manalfer Marketin~ Services
Title
Title
Date
Date
Is Company Incoqx>ratedO
Yes
No
Exempt
Please provide Federal Tax ID #:
Federal Tax ID #
,CKGFORM Rev 1111 G/95
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TERMS AND CONDITIONS
1. Contfllct, Formation. By this Agreement SDG&E offers to enter into a
contract WIth Customer upon the terms and conditions ,stlted herein.
Any addItional or different terms and conditions which have been
proposed by Customer prior 19. the date ~f this Agreement are h~!reby
expressly rejected. AI'\Y additional or different terms and condItions
jOPosed by Customer after the dlte of this Agreement shall be of no
fee Of effect unless expressly agreed to in writing by SDG&E.
tomer accepts and shall be bound by the terms an. d conditions of this
eement when it executes the agreement or when it commences
arm_nee. No other form of acceptance shall be binding on SDG&E.
2. Performance. Customer shaU perform its obligations under this
Agreement In a skillful and profeSSional menner to SOG&E's s.tisfaction.
3. Warranties. Customer expressly warrants that all work performed and
all materials furnished by it or its subcontractors. ahall be In accordance
with applicable safety standards. governmental regulations. and
specificatIons. and shall be free from defects in materials _ or
workmanship. CU,stome, shall. at its expense, within a relSonable time
atter receipt of written notice from SDG&E of any such defects. repair or
replace any detective work or materials.
4. In(lapendent Contractor. Customer is performing its obligations under
this Agreement as an independent contractor. aner no prinCipal-agent or
emplOY-if-employee relationship shall be created., Customer represents to
SOG&E th.t it, IS proper,ly equipped. orga,mzed. It.affed. financed,
experienced. quahfied. arid hcensed to perform ItS obligations hereunder.
5. Liens. Customer shaU be responsible for payment of Iny liens or cllims
by persons who furnish material or perform work. At the time of
Customer's completion of its obligations under this Agreement. upon
request by SDG&E, Customer sh.lf prOVIde satisfactory eVidence that It
has ~id ,II liens or claIms of such persons. Until all such liens or claims
have been fully discharged. SOG&E may retain from Iny amount due
Customer under this Agreement such amounts as mly be necessary to
meet any such hens or Claims.
6. Compliance with Laws. Customer shall be deemed to be familiar with,
and at all times shall comply WIth, all applicable federal, state, and local
laws, ordinances, rules. regulations. .nd executive orders, an applicable
safety orders, and aH orders or decrees of administrative agenCies, courts,
or other legall~ constituted authorities haVing jurisdIctIon or authonty over
Customer or SOG&E, whIch may now or Fiereafter exist. Includmg, but
not hmlted to, those relating to the storage. transportation and disposal of
hazardous substances. Customer acknowledges that It IS the generator of
hazardous substances located at the Facility {"Hazardous Substancesft)
and that SOG&E's contractor may be removing and transporting such
Hazardous Substances to .. disposal. treatment or recycling faclll~.
Customer acknow~dQes that It is reqUired to comply with Rule 2 of
SOG&E's Ta,.ffs which places certain _requirements on Customers who
operate equipment that causes detnmenta,l vottage fluctuations. on
SDG&E's system. The parties -.gree that detrlmenta,1 voltage fluctuations
are those In excess of IEEE Recommended Practice 5'-9. Customer
acknowledges that the operation of certa,in energy effjcient equipment,
such as variable speed drtves, electronic ballasts. and other power
_nverslon devices can detrimentally Impact SDG&E's system.
Indemnity., Customer shall defend, indemnify. and hold harmless
G&E, Its officers, employees, and agents, from and against any and. all
lawsuits. claIms, losses, liabilities. cramages. and expenses (including
anorneys' fees) or any kind whatsoever:
a. arising out of or rel.ted to Customer's failure to comply with
Paragraphs 5 and 6 above;
b. .rising out of or related to materials purchased or installed pursuant to
this Agreement;
c. arising out of or related to the transportation, treatmen.. recycling, or
dispos,l of the Hazardous Substances: and
d. for inluries to or death of any person. including. but not limited to.
employees of SOG&E and Customer. and for all loss, damage, or
destruction of any property. including, but not limIted to. property of
SOG&E and Customer, allSlng out 01 or in any way connected with
Customer's performance or lack of perform.nce of the terms of thiS
Agreement. whether or not the conduct of Customer IS negligent. and
whether or not the active or passive neglIgence of SOG&E, its employees,
or Igents, ClIused or conttlbuted to {he injunes to or death of such
pe_rsons, or to the loss. damaae. or destruction of such property: except,
thiS Indemnity prOVision shllT not apply If Slid injuries to or death of
persons, or loss, daml~. or destruction of property, is caused by the
willful Ict or the sole negligence of SOG&E. its employees. or agents,
8. ~ment. Customer shall not a..ign or subcontract any of its rights
or obli.gations under thrs. Agreement without the prior written permission
of SOG&E. In no event sfiall SOG&E's written permission be construed
as discharging or releasing Customer from the fulfillment of any of its
obligations specified 10 this Agreement.
9. Time. Time is of the essence of this Agreement. and SDG&E reserves
the right to termlOate or cancel en or eny part of this Agreement without
penalty in the event that Customer fails or is unable to perform its
obligations under this A9feement within the specified time.
'0. Tennln.-ion. a. Customer ma'L terminlt. this Agreament for its sole
convenience by wtlnen notice to SoG&E until such time IS, SDG&E pays
any funds to Customer pursuant to this Agreement. at which time such
termination ri.aht shall end.
b. SOG&E' may terminate all or any part of this A.areement upon the
occurrence of any of the following events: m Customer becomes
bankrupt or insolvent; Iii) Customer assigns or sublets any part of thIS
Agreeme,nt Without SOG&E's written permission; Wi} Customer fails to
').,form Its obl1gatlons under thiS Agreement in a skillful and profeSSional
nanner. and In accordance with the IPpllcable specifIcations; (IV)
Customer fails to perform its obli~atlons undp.r thiS A_greement 10 &
prompt and diligent ma,nner: or Iv) 1;ustomer f"I.$ to perfOrm or comply
_ith an'y terms or condftaons of this Agreement.
t. sOG&E may suspend or terminate all or allY part_ of thiS Agreement
any tim'" lor its sDie c~nvenlence by writ~.n notice to Customer.
. erminattor, shall be effectIVe upon actual receipt, by Customer or its
rep-resenta~,ve of the notice, or 48 hours Ifter depOSit of the notice i.n the
U.S. mail. whichever occurs first. Upon such temunltlon, an equitable
adjustment shall be ~e by egreement between SOG&E and Customer
for the reaso,nable value of Customer's performance under this Agreement
prior to termination.
11. Audit. During the performance of this Agreement and for a penod of
five years follOWing the date of fmal payment, SOG&E or It contracted
representative with a certIfied public accounting firm may audit any cost,
payment, settlement, or supporting documenlatlon resulting from any
Items set forth 10 thiS Agreement. SOG&E or its representatlvels) shall
conduct such audltls) a1: reasonable times and In conformance With
generally accepted auditing standards. Customer shall retain all necessar.,.
records and documentltion for the entlte length of thiS audlt period and
shall fully cooperate with any audlt(s}.
SOG&E shall ,notify Customer 10 writir.g of any exception Is) taken as a
result of an audit. Customer shall ralmburse SDG&E for the amount of
any exceftion by refunding the amount to SDG&E within thirty days of
receipt 0 such notice (or. alternatively, with pnor wrinen aP.JlrO'o'al of
SDGilE. by deducting such amount from amounts payable by SOG&E In
the future). If Customer fails to reimburse SDG&E for any valid exceptlor"i
within the thirty day period, Customer shall also pay interest on the
amount. accruing monthly. at a rate of 10% per Innum. ThiS prOVISion
Ihall not precrude Customer from disputing the v,lIdlty of any
.xceptlonts).
12. Subcontrac:tor Audit CIIUI.. Customer shall include a clause m Its
agreements with lubcontractors reserving the r!..Qht duftng the
performance o,f its agreement end for a period of five (51 yeats follOWing
the date of final payment under its agreement for its own employee
representativelsl. or its contracted representatives from a certified publiC
accounting firm, andlor for representatives from SOG&E, to audit any
COf't. p,yment lettlement, or supporting documentation resulting from
any items, set #orth in its .greement with the subcontractor. Thl!; ciause
Ihall requite subcontractor to egree to retain all necessary records and
documentation fO,r the entire len,gth of this audit period, and to agree to
fully cooperate With all such audlfs.
13. Inlurlnea. Customer shall maintain in e_ffect during the life of thiS
Agreement ComprehenSive General LIability Insurance. Includ'~g
contractual liability coverage for liablltty assumed b.,. Customer In thiS
Agreement, with hmlts of not less than $1.000,000 each occurrence for
bodily Injury and property damage combined. EVidence of such msurance
shall be made available to SOG&"E upon request.
14. Disputes. If the total amount to be paid Customer under thiS
Agreement IS less than S 1 00.000. any controversy or claIm am'ng out of
or relating to thiS Agreement, or the breach of thiS Agreement, snail be
settled by arbitration in accordance With the CommerCial Rules of the
Ametlcan Arbitration ASSOCiation, end ,udgment upon the award rendered
by the Arbltratol Is) mly be entered In any .court haVIng JUrisdiction The
deciSIon of the Arbitrator(s} will be a condltlC'n precedent to the rl9M of
any legal action. Unless the parties agree otherWise, arbltratlOr"i heaTlngs
will be held in the City of San DIego, California. The prevaIling part.,. wtll
be reimbursed for any and all anorneys' fees Including those mcurred ,n
any arbItration heanng. In no event shall the arbitration or settlement of
any controversy delay the performance of thiS Agreement.
15. Validity. The IOvahdlty, lO whole or 10 part, of any terms or
conditions of thiS Agreement shall not attect the validitY 0 any other
terms or cond,tlons.
16. "emedies. If. Customer fails to ~erform or comply with any terms Of
conditions of thIS Agreement, SOG&E may conSider such failure or
noncompliance a~ a breach of the contract, and may cancel or terminate
this Agreement, 10 whole or in part. SOG&E expreSSly retains all of ItS
rights and remedies prOVided by law or equIty. In the case of breach. and
no actIOn by SOG&E shall constitute a waiver of any such right or
remedy, The remedies reserved In thiS Agreement. Ire cumulatIVe and In
eddltlon to ,ny other remedies In law or equity which may be available to
SOG&E, The election of one or more remedies shall not bar the use of
other remedies unless the circu.mstances made the remedies Incompatible
If SOG&E reasonably determines that Customer has breached or IS In
Inti_cipatory breach of another agreement with SOG&E and that SOG&E's
ability to recover_ the unearned portIon of an incentive paId under such
agreement is at fisk, SOG&E may ottset such unearned Incentive amount
agalOst the IOcentlve payable under thIS Agreement.
1'. Survival. The obligations Imposed on Customer by Paragraphs 3. 6.
7. 10, 11. end 12 shall survive cancellation or termlnaflon of thiS
Agreement.
18. Complete Agreement. This Agreement. which includes any
lupplemental documents attached hereto. sets forth the entlte agreement
between SDG&E and Customer. and supersedes all other oral 01 written
~rovisions. No modification of any of the provisions shall be bmdmg on
SOG&E unless expressly agreed to In writing.
19. ClIHfomia Public Utilitiel Commi..on., This Agreement shall at all
times be subject to such changes or modiflc'tions as ,deemed necessary
by SOG&E to comply with orCSers. rules and regulltlons of the. Public
Utilities Commission of the State of C,lifornla .s it may, from tIme to
time, direct in the exercise of its junsdictlon.
CKGFORM R.... 711.419';
c:ttJ- / /
.
.
.
ATTACHMENT I.A
CITY OF CHULA VISTA
(SUMMARY OF ATTACHMENT 1)
Contract # Address Incentive Amount
17350 Fire Stn #6 - 975 Lane Avenue $ 475.00
17351 Tennis Ctr - 900 Otay Lakes Road $ 205.00
17352 Women's Club - 353 "G" Street $ 367.60
17353 Parking Fac. - 340 "F" Street $1,340.00
17354 Eucalyptus Park Club House - 2 4th Avenue $ 160.00
17355 Animal Shelter - 690 Otay Valley Road $ 807.50
17357 Fire Stn #3 - 266 Oneida Street $ 244.00
17356 Butler Building - 80 East ''1'' Street $1,092.00
17358 Fire Stn #4 - 861 Otay Lakes Road $ 672.00
17359 Fire Stn #5 - 391 Oxford Street $ 480.00
17360 Lauderbach Rec. - 333 Oxford Street $1,170.00
17362 Lorna Verde Rec. - 1420 Lorna Lane $5,190.00
17363 Norman Park Ctr - 270 "F" Street $1,130.00
17364 Chula Vista Museum - 360 3rd Avenue $ 440.00
17365 Public Works Admin. -707 'T' Avenue $4,089.00
17366 Rohr Park Mansion - 4548 Sweetwater Road $ 860.60
17367 Visitor Info. Cu. - 760 "E" Street $ 50.00
17368 Youth Center - 465 "L" Street $2.427.60
17484 Police Stn - 276 4th Avenue $ 275.00
17487 Community Develop. Ctr - 263 Fig Avenue $ 801.00
17513 Greg Rogers Park - 1195 Oleander Avenue $ 150.00
17514 Legislative Offices - 260 Guava Avenue $3.321.00
TOTAL 525,747.30
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A TT ACID. fENT 2
.
. SAN DIEGO GAS & ELECTRI... ... C.....
....-. ......:..,.-,-.; ",', .,-"",;-.",..-,;.._,.-,--,. .", .'.....'......,.....-.. -"". .."....' .. ',.'." ....... ....
. ....... -,-. - .,...-...........,..,........ .....'. '_....---.. ....-........ ..... .....-.. ..'..... .. '-' ,"
ELIGIBLE~QUIP1\!:E:~'fIl\1ANUF;\CTURF.:RS
. ........ <LIST
L.
Revision Date: Ma 16,1995
.
All ballast manufacturers contained herein hne met both
technical and "willingness to perform" requirements as of today.
You are encouraged to conduct your own enluation of the listed
equipment/manufacturers. SDG&E does not endorse or approve
the equipment/manufacturers for any purpose except eligibility for
receiving incentives under SDG&E Demand Side Management
Programs.
Most recent additions/changes are in shadowed boxes.
.
LO Imln ,. 16'9~
. ("rqUlf'l Is:
..:L {J- 44
(/ .'
.
.
.
GE liGHTING
T-S'S
OSRAM SYLVANIA
T-S
PHilliPS
T-S'S
FOUR-FOOT FLUORESCENT LAMP MANUFACTURERS
OESCRIPTION lUMENS LUMENS CATALOG WAnAGE
INITIAL MEAN
F:S2T8/SP30/RS 2850 2508 15946 32
F32T8/SP35/RS 2850 .2508 15947 32
F32T8/SP41/RS 2850 2508 15949 32
F32T8/SPX30 2950 2650 22655 32
F32T8/SPX35 2950 2650 22656 32
F32T8/SPX40 2950 2650 22657 32
F32T8/SPC50 <1l 2800 2520 23460 32
DESCRIPTION lUMENS LUMENS CATALOG WAn AGE I
INITIAL MEAN
F0321730 2850 2508 21852 32 i
F032/735 2850 2508 21823 32
F032/741 2850 2508 21824 32
F032n50 (1) 2650 2332 21809 32
F032/830 3000 2640 21923 32
F032/835 3000 2640 21924 32
F032/841 3000 2640 21924 32
DESCRIPTION lUMENS LUMENS CATALOG WAn AGE
INITIAL MEAN
F32T8/TL730 2850 2600 32052.3 32
F32T8/TL 735 2850 2600 32054.9 32
F32T8/TL741 2850 2600 32055-6 32
F32T8/TL830 3050 2850 31991.3 32
F32T8/TL835 3050 2850 31993-9 32
F32T8/TL841 3050 2850 31994-7 32
LG~mkn equip 1st S 169:
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-'
c:;2.t'J-#-.!:>
. , .
.
.
.
ELIGIBLE ~QUiPMENT LIST
HIGH EFFICIENCY FOUR-FOOT LAMP BALLAST MANUFACTURERS
AOVANCE TRANSFORMER CO.
ElECTRONIC BAllASTS
DESCRIPTION FOOTNOTE
RIC-140-TP (1) (5) (8) (9)
RIC-2S40- TP (2) (5) (8) (9)
VIC-140-TP ('l (6) (8) (9)
VIC-2S40- TP (2) (6) (8) (9)
REL-3S40- TP (3)(5) (8) (9)
VEL-3S40- TP (3) (6) (8) (9)
RDC-1S4D- TP (')(5)
RDC-2S4D- TP (2) (5)
VDC.1S40.TP (1)(6)
VDC-2S4D- TP (2) (6)
VEL-2S40- TP (2) (6)
VEL-1S40-TP (1)(6)
REL.2S40- TP (2) (5)
REL-1S40.TP (1)(5)
VIC-2S32- TP (2) (6) (7)
VIC-3S40-TP (5) (6) (8) (9)
VDC.3S40-TP (3) (6) (8) (9)
VIC-3S32-TP (3) (6) (7)
VDC-3S32- TP (3) (6) (7)
RIC-2S32-TP (2) (5) (7)
RIC-3S40. TP (3) (5) (8) (9)
RDC-3S40- TP (3) (5) (8) (9)
REL-3P32- TP (3) (5) (7)
VEL-2P32-RH. TP (2) (6) (7)
REL-2P32-RH- TP (2) (5) (7)
REL-3P32-RH- TP (3) (5) (7)
REL-4P32-RH- TP (4) (5) (7)
VIC-132.TP (I) (6) (7)
VEL.3P32-RH- TP (3) (6) (7)
REL-2P60-S-RH- TP (2) (5)(1 I) (12)
VEL-4P32-RH. TP (4) (6) (7)
REL.1P32-RH.TP .' .' f') (5) (7)
VEL.1P32-RH-TP <')(8) (7)
Footnotes, ('1 On. Limp, (21 Two Limps, (31 Thr.. Limps, (41 Four Limps, (5) ,20V, (5) 277V, (7) 32.W Limp (T-S) (II 34-W Limp 1914:
W Limp, ('01 36.W Limp. ("1 ~W Limp ('217S-W Limp, ('31 95.W Limp ('41 "O.W Limp (U) 17.W, T.8 Limps (16) 32.W, T.8 U
5end Lamps. 1171 39.W. T.5. 5,.. 111140-W. T.5, 5,"" ('1159.2, T.8 8.FT Limp (20) Oommong Blllast
lGIJmkn equip Isl 5,'16'9:
-...
cf2 LJ.- 4ft;
~~. .' i
.
.
.
HIGH EFFICIENCY FOUR-FOOT LAMP BALLAST MANUFACTURERS
ELECTRONIC BALLAST
TECHNOLOGY, INC. (EBT)
DESCRIPTION FOOTNOTE
SSB1.120.1/40LH (I) (5) (8) (9)
SSB1-277.1/40LH (I )(6)(8)(9)
SSB2.120-11321SLH (1)(5) (7)
SSB2-277.1132ISLH (I) (6)(7)
SSB1.120-1/40LH (I) (5) (8) (9)
SSB1.277-1/40LH (I) (6) (8) (9)
SSB-1.120.2/40 (2) (5) (8) (9)
SSB-1-120-3/40LH (3) (5) (8) (9)
SSB-1-277 .3/40LH (3) (6) (8) (9)
SSB-1-120-3/40 (3) (5) (8) (9)
SSB-1-277-3/40 (3) (6) (8) (9)
SSB-2-120.4/32IS (4) (5) (7)
SSB-2-277.4/32IS (4) (6) (7)
SSB2-120-2/32.1 S-LH (2) (5) (7)
SSB2.277.2/32-IS-LH (2) (6) (7)
SSB2-120-3/32-IS-LH (3) (5) (7)
SSB2.277.3/32-IS-LH (3) (6) (7)
SSB 1-277 -2132-LH (2) (6) (7)
ECG-120/2/32 RS (2) (5) (7)
ECG.277-2132 RS (2) (6) (7)
ECG-277-4/32IP (4) (6) (7)
ECG.120.4/32IP (4) (5) (7)
Footnotes: (I) One limp (2) Two Limps. {31 Thrlellmps.141 Four limps: (5) I20V. (I) 277V. (71 32-W limp (T-ll). (I) 34-W limp 19)40
W lImp. 110) 36-W lImp (111 6O.W lImp. (12) 7S-W limp. (13)95.W limp 11.) 1I0-W limp. (1SI17-W. T.8llmps (16) 32-W. T.e u
Bend limps. (171 39-W. T-5. B.., (11) 4O.W. T-5. B..,. (11) 59-2. T-8. 8.FT lImp 1201 Dlmmln9 BIIII"
LG'1mkn e:;.,.;.p 1st 5:16:;':
~
02 0 - 41
"(
;)
.
.
.
HIGH EFFICIENCY FOUR.FOOT LAMP BALLAST MANUFACTURERS
TMP,INC.
DESCRIPTION FOOTNOTE
FLD32F277-6 (4) (6) (7)
FLD32F120-6 (4) (5) (7)
FLD32T120-6 (1) (5) (7)
FLD32T277-6 (3) (6) (7)
FLD32D277-6 (2)(6) (7)
FLD32D120-6 (2) (5) (7)
FLB40D120-6 (2) (5) (Q)
FLB40D277-6 (2) (6) (Q)
FLB32D120-6 (2) (5) (7)
FLB32D277-6 (2) (6) (7)
ANTRON (MERITEK)
DESCRIPTION FOOTNOTE
T50-140T12 (2) (5) (9)
T50.140TB (2) (5) (7)
GE LIGHTING
GE MOTOROLA
DESCRIPTION FOOTNOTE
M2-RN-T8-1LL-120 (2) (5) (7)
M2-RN.T8-1 LL-277 (1) (2) (6) (7)
M2-RN. T12.1 LL-120 (2) (5) (8)
M2-RN. T12.1 LL-277 (2) (6) (Q)
M3-RN-TB-1 LL-120 (3) (5) (7)
M3-RN. T12-1 LL-277 (3) (6) (8) (Q)
M3-RN- TB.1 LL-277 (3) (6) (7)
M4-RN- T8.1 LL-277 (4) (6) (7)
M2-RH- T8-1 LL-277 (2) (6) (7)
M2-RH.T8-1LL-120 (2) (5) (7)
M2-RL.TB-1 LL.277 (2) (6) (7)
M2-IN.T8-277 (2) (6) (7)
M2-IN-T8-120 (2)(5) (7)
M1-RN-T8-1LL-120 (I) (5) (7)
M1.RN- T8-1 LL-277 (1)(6)(7)
M4-RN-T8-1LL-120 (4)(5) (7)
Foolnotes: (II One Lamp, (2) Two Lamps, (31 Tnree Lamps, (41 Four Lamps, (5) 120V, (51 277V, (7) 32.W Lamp (T-8) (II J4.W Lamp, {II 40
W Lamp, {IOI 36.W lamp, {11160-W Lamp, 11217S.W Lamp (13I95.W Lamp, (1.)1I0.W lamp (15) 17-W, T-8 Lamps, (15) now, T.8 U
Bend Lamps (171 39.W. T-5, B,a, (11140.W T.5 B,." (11159.2, T.8 8-FT Lamp (201 O,mm,ng Balla.'
LG1lmkn e~u'p 1st S/16'9~
~
d.O-49
.
.
.
ELIGIBLE EUUiI"McN I LI~ I
HIGH EFFICIENCY FOUR.FOOT LAMP BALLAST MANUFACTURERS
DENKI CORP. OF AMERICA
GOLDST AR ELECTRONIC BALLASTS
USI LIGHTI,NG, INC.
FULHAM ELECTRONICS, CO., LTD.
DESCRIPTION FOOTNOTE
DE432P27 (4) (5) (7)
DE432P12 (4) (5) (7)
DE332P12 (3) (5)(7)
DE332P27 (3) (5) (7)
DE232P12 (2) (5) (7)
DE232P27 (2)(6) (7)
DESCRIPTION FOOTNOTE
GB-2X32/FUI/12D (2) (5) (7)
GB-2X32/FU1/277 (2) (5) (7)
GB-3X32/FU1/277 (3) (5) (7)
GB-3X32/FU1/12D (3) (5) (7)
GB-4X32/F1/1112D (4) (5) (7)
GB-4X321Fl.JI/277 (4) (5) (7)
GB.4X32/FUI/12DL (4) (5) (7)
DESCRIPTION FOOTNOTE
P12D-23RS (2) (5) (7)
P277-23RS (2) (5) (7)
DESCRIPTION FOOTNOTE
FEP9DD (2) (5) (7)
FEP9DD (2)(5) (7)
FEP12DD (2) (5) (7)
Footnotes" 11) On. limp: (2) Two limps, (3) Three limps, (4) Four limps, (5) 120V, (I) 277V, (7) 32-W limp (T-8), (1)34-W limp, (91 OJ-
W limp, (10' 35-W limp, (11150-W limp (1217'f>.W limp, (13}9S-W limp, (14) "O-W limp, 115}17.W T-6 limps (1I) 32.W, T-e U,
Bend Limps ~17) 39-W. l-S. BIIIl (1') 4O.W l-5. 811lC. (11) 59-2. T.8. 8-FT Limp (20) Clmmlng aauast
lG'lmkn eCluip 1st S'16'9~
~
c:2j} - 50
ELIGIBLE ~QDiPMENT LIST
HIGH.EFFICIENCY FOUR-FOOT LAMP BALLAST MANUFACTURERS
. MTlINTERNATlONAL
DESCRIPTION FOOTNOTE
MB-232-120-RS. TaM (2) (5) (7)
MB-232-277 .RS. TaM (2) (6) (7)
MB-332-120-RS- TaM (3)(5)(7)
MB-332-277-RS. TaM (3)(6)(7)
MB-432-277-RS. TaM (~)(5)(7)
MB-432-277-RS. TaM (~)(6)(7)
AROMAT CORPORATION
DESCRIPTION FOOTNOTE
E1321120H2 (1) (5) (7)
E 1321277H2 (1) (6) (7)
EP2321120H2 (2) (5) (7)
EP2321277H2 (2) (6) (7)
EP3321120H2 (3) (5) (7)
EP3321277H2 (3) (5) (7)
EP4321120H2 (~) (5) (7)
EP4321277H2 (~) (5) (7)
LEP4321120H2 (~) (5) (7)
LEP4321277H2 (~) (5) (7)
ES232R120H2 (2) (5) (7)
ES232R277H2 (2) (5) (7)
ES332R120H2 (3) (5) (7)
ES332R277H2 (3) (5) (7)
LES232R 120H2 (2) (5) (7)
LES232R277H2 (2) (6) (7)
LES332R 120H2 (3) (5) (7)
LES332R277H2 (3) (5) (7)
ES240R120H2 (2) (5) (9)
ES240R277H2 (2) (6) (9)
tit
.
Footnote" (1) One La",p. (2) Two La",ps (3) Thr.. La",ps (~) Four La",ps. (5) 120V. (6) 277V. (7) 32-W La",p (T-8) (B)34-W La",p (9) 4:
W La",p. (10) 35.W La",p. (11)50.W Lamp. (12) 75.W Lamp. (13)95.W Lamp. (1~1 , 1o-W Lamp (15) 17-W. T.8 La",ps. (16) 32-W T-8 L
Bend La",ps (17}3s,-W T-5 p.a. (1BI40-W T.S. B.a.. (19)59-2 T-8. 8-FT La",p (20) 0,,,,,,,,n9 B.'las'
LG'jmkn equip 1st 5"S'';-
~
dL?- 5/
,..,"
.
.
.
ELIGIBLE ~~'U~~ENT LIST
HIGH.EFFICIENCY EIGHT.FOOT LAMP BALLAST MANUFACTURERS
ADVANCE TRANSFORMER CO.
DESCRIPTION FOOTNOTE
REL.2P75-S.RH. TP (2) (5)(12)
VEL-2E75-S.RH. TP (2)(5)(12)
REL.2S 11 O.RH. TP (2){5H13H14)
VEL-2S 11 o..RH. TP (2)(~)(I3){I4)
VEL.2P59-S.RH. TP (I)(2)(~){I9)
REL-2P59-S.RH. TP (1)(2)(5)(19)
ADVANCE TRANSFORMER CO.
HYBRID BALLASTS
DESCRIPTION FOOTNOTE
RK.2S 110. TP (13) (14)
VK-2S 1 I O. TP (13) (14)
ELECTRONIC BALLAST TECHNOLOGY (EBT)
DESCRIPTION FOOTNOTE
SSB 1.120-2-96.HO.LH (2) (5) (13)
SSB1-277-2.96.HO.LH (2) (~) (13)
SSB2-120.2-96IS.LH (2)(5)(1' )
SSB2.277-2.96IS.LH (2) (~) (")
ECG.120-2196IP (2) (5) (II) (12)
ECG.277-2196 IP (2)(5) <, 1)(12)
SSB2-120..1/96 IS LH <') (5) (I') (12)
SS62.277-1I96 IS LH (1) (5) (II) (12)
GE LIGHTING
GE MOTOROLA
DESCRIPTION FOOTNOTE
M2-1N.T12.SL-120 (2)(5)(12)
M2.1L.T8.8FT-120 (2)(5) (19)
Footnotes:. III One Limp. (2) Two Limps. (3) Three Limps: (4) Four Limps. IS) 120V. {S} 277V: (7) 32.W Limp (T.8). (II ~W Limp. (9) 40-
W Limp. (10) 35.W LImp (11160-W Limp. (12)75-W Limp. (13)95.W Limp (14) 11O-W Limp (1S) 17.W. T-8 Limps (1S132.W. T.8. U-
eend Limps. 117) 39-W T-5. e,l' 111140.W. T.5 e'l'. (lI) 59.2. T-8 8.FT LImp (20) DImmIng el"IS'
LG'Jmkn equip ist 5:16,'95
~
,,70- 52
.
.
.
~8G&t
ELIGIBLE E UIPMENT LIST
HIGH-EFFICIENCY EIGHT-FOOT LAMP BALLAST MANUFACTURERS
AROMAT CORPORATION
DESCRIPTION FOOTNOTE
EP2591120H2 (2)(5)('9)
EP2591277H2 (2)(!)('9)
EP2751120H2 (2)(5)(12)
EP2751277H2 (2)(6)('2)
ES2110R120-HO (2)(5)('4)
ES2110R277-HO (2)(61114)
KING TECHNOLOGY, INC.
DESCRIPTION FOOTNOTE
296K2-120 (2115111 ')('2)
296K 120-TB (211511'9)
TMP, INC.
DESCRIPTION FOOTNOTE
FLD59D120-<; (211511'9)
FLD59D277-6 (211611'91
Footnote" "(1) One Limp (21 Two Limps, (31 Tn'.. Limps. (41 Four Limps (II ,2Qv, (I) 277V. (7) 32.W Limp (T-8), (I) 34-W Limp. (9140
W Limp (10) 36.W Limp (111 60-W Limp. (12)7S-W Limp (13) 95-W Limp (14' "O-W Limp (111 17-W, T-8 Limps. (II) 32-W, T-8 L'
Bend Lamps. (17) 39.W, T -5 BIIX (11140-W, T -5. BIIX. (19) 59-2 j -8 8.FT Limp (201 DImming Ballasl
LG'lmkn eCluip IsI S.'16.9:
11i'
~ tJ - 5~
ELIGIBLE ~atlrPMENT LIST
HIGH-EFFICIENCY TWO-FOOT LAMP BALLAST MANUFACTURERS
. Two-Foot, 17-W, T-8 Electronic Ballasts
EST
DESCRIPTION FOOTNOTE
SSB2-120-2117 -IS-LH (2)(5) (15)
SSB2-277-2117-IS-LH (2)(6) ('5)
TMP,INC.
DESCRIPTION FOOTNOTE
FLB17D120-6 (2)(5)(15)
FLB17D277-6 (2) (6) (IS)
.
Footnotes: (1) One lImp: (21 Two lImps. (3) Three lImps: ICI Four lImps. (I) t20V. (112nV. (7) 32-W lImp (T -II). (I) J4.W lImp. (II 40
W lImp. (10) 36.W LImp (111 SC.W lImp. (12) 75-W lImp: (13) 9S-W lImp. (1C) "o-W lImp. (15) 17.W. T-IIllmps. (111 32-W. T.8. U.
Send LImps. (17) 39-W. T.5. B,.. (1SI'O-W. T.5. BII,.(19159.2. T-8. 8-FT lImp (201 Olmmlng Baliasl
.
LG'lmkn equip 1$1 S"6'9~
$.
c20-.~~
.
.
.
ELIGIBLE ~~tl~1v,ENT LIST
HIGH.EFFICIENCY TWO-FOOT LAMP BALLAST MANUFACTURERS
Two.Foot. 32-W, T-8, U-Bend Electronic Ballasts
MOTOROLA
DESCRIPTION FOOTNOTE
M1-RN-T8-1LL-120 (1)(5) (16)
M1-RN.T8-1LL-277 (I) (6) (16)
M2-RN.T8-1LL-120 (2)(5)(16)
M2-RN- T8-1 LL-277 (2)(6)(16)
M3-RN-T8-1LL-120 (3) (5) (16)
M3-RN- T8-1 LL-277 (3) (6) (16)
M4-RN.T8-1LL-120 (4)(5)(16)
M4-RN.T8-1LL-277 (4) (6) (16)
M2-RN.T8-10C-120 (2) (5) (7) (20)
M2-RN-T8-10C-277 (2) (6) (7) (20)
EBT
DESCRIPTION FOOTNOTE
SSB2-120-1/32-IS-LH (1)(5) (16)
SSB2.277 -1/32-IS-LH (II (61 (16)
SSB2-120-2/32-IS.LH (2)(5) (16)
SSB2-277-2/32-IS-LH (2)(6)('6)
SSB2-120-3/32-IS-LH (3)(5)(' 6)
SSB2.277-3/32-IS-LH (3) (6) (16)
SSB2-120-4/32-IS-LH (4) (5) (16)
SSB2-277-4/32.IS-LH (4) (6) (16)
Two.Foot, Twin Tube, F40, Biax Ballasts
ADVANCE TRANSFORMER
DESCRIPTION FOOTNOTE
RIC-140-TP (I) (5) <'7)
VIC.140-TP (I) (6)(17)
RIC-2S40- TP (2) (5)('7)
VIC-2S40-TP (2)(6) (17)
RIC-2S32- TP (2)(5)(' 61
VIC-2S32- TP (21 (6) (161
Footnot..: (II On. ~:"'p (2) Two Limp.. (3) Thr.. Limps. (4) Four Limp. (5) 12OV. (5)2nV. (7) '2.W Limp (T.6i (1)34-W Limp (S) '0.
W Limp. (IO)36.W Limp (11) 6o-W Limp. (12) 7S-W Limp (13)9S-W Limp. (141 11o-W Limp ,15) '7.W, T.8 LI.'P' (15) 32.W. T.6. U.
e.nd Limp. (171 39.W T.5 e,", (1114o-W T.5. B.I.. (11) 59.2. T.8 8.FT Limp (20) O.mm.ng elll_.'
~
d2-j) - :55
L(": fJmkn equip 1st Sl16,'95
, .j
.
.
-.
.
t:1...'\.:llcH.t: t:~UI"'Mt:N 1 1...1::11
REFLECTIVE MATERIAL MANUFACTURERS/DISTRIBUTORS
Amalco Metals, Inc.
Amberlite III anodized aluminum
Superbrite anodized aluminum
Clark Metals, Inc.
Alcoa Everbrite anodized aluminum
Dielectric Coating Industries
OM-94 enhanced aluminum
Martin Processing, Inc.
Limelight silver film
Metal Center, Inc.
Metalloxyd anodized aluminum
Prefinished Metals, Inc.
Alumolite film
Specular+ silver film
3M
Silverlux silver film
REFLECTOR MANUFACTURERS I') 121
A.L.P. Lighting & Ceiling Products
American IIIuminetics
Brydenscot Metals
C.D. Alexander, Inc.
Diamond Specular Products
Eagle Lighting
Economic Lighting Technologies, Inc.
Envirolite Reflectors (Energy Planning Assoc.)
Harris Manufacturing, Inc.
Incand Kilowatt Saves, Inc. (KSI)
KW/2 Lighting Products / Solar Kinetics
ML Systems
More Light
02L)-$~
Optek Design & Manufacturing
Parke Industries
Parrish Lighting
Precision Reflector Deigns
Reflect.A.Light, Inc.
Reflective Light TechnologieslThermax Company
Ryan Lighting Group
Silverlight Energy Products
SISCO
Sundown Lighting Associates
US Reflectors
Welimade (R300 Retro-Liner Series Only)
1 st Source Lighting
LG'lmkn equIp 1st 5.16'9:
..a-
Page 1, Item ;( /
Date: 11/21/95
SANDAG Contract
COUNCIL AGENDA STATEMENT
Item Tide:
Resolution /3'/;.9 approving agreement between the San Diego
Association of Governments and the City for services related to
Telecenter development and operations, accepting and appropriating
$80,000 from the California Energy Commission grant proceeds to the
Energy Conservation Fund.
Barbara Bamberger, Environmental Resource Manag~
City Manage~~\g (4/5th Vote: Yes~_ No-"l
XI- Referral # 2981
Submitted by:
Reviewed by:
In the spring of 1995, staff worked with SANDAG to apply for additional grant funding from
the California Energy Commission to offset general telecenter operations and services costs.
The CEC accepted the joint application and agreed to provide an additional $80,000 for
telecenter operational costs for the second and partial third year of operations. These funds
have been given to SANDAG, which will contract with the City. The funds are particularly
critical because they may be used for operational expenses. Most of the grants received are
earmarked for marketing and program development. These funds will be used to cover lease,
utilities, building and general operational costs. Staff is recommending approval of the
agreement and budget therefor.
RECOMMENDATIONS:
Council approve resolution and agreement between the San Diego Association of
Governments and the City for services related to Telecenter development and operations,
accepting and appropriating $80,000 from the California Energy Commission grant proceeds
to the Energy Conservation Fund.
BOARDS/COMMISSION RECOMMENDATIONS: The Telecenter Task Force has been
supportive of identifying additional grants to continue operating the telecenter.
DISCUSSION:
In the spring of 1995, staff worked with SANDAG to apply for additional grant funding from
the California Energy Commission (CEC) to offset general telecenter operations and services
;<)-1
""",
,~,
Page 2, Item ..< /
Date: 11/21/95
SANDAG Contract
costs. The CEC accepted the joint application and agreed to provide an additional $80,000
for telecenter operational costs for the second and partial third year of operations.
Backe:round
The first Telecenter opened in August of 1994 in the Eastern portion of Chula Vista, the
second Telecenter opened in February of 1995, in downtown Chula Vista. The Telecenter's
goals are to facilitate the use of hi-tech telecommunications to provide a greater quality of life
for our residents by reducing their commute time to and from work, reducing traffic
congestion, thus allowing more time to spend working or with their families. The telecenters
reduce vehicular trips, reduce traffic congestion, improve air quality, promote the use of
technology, offer training, and in general attempting to become an asset to our region by
improving communications between the Chula Vista business community and global
information network. These goals are achieved by offering technologies and a location where
people can telecommute to work instead of driving there. Applications such as public
videoconferencing, internet access, distance learning and tele-medicine are also being
instituted in order to serve the same goals. The Telecenters also serve as business service
centers to accommodate the needs of small businesses that may not otherwise have access to
these technologies.
3 Year Business Plan Outline
As a follow-up to the October 24th City Council meeting discussion regarding telecenter
planning and marketing efforts, staff wishes to provide an update on the latest marketing
activities and some general follow-up on funding development activities. Telecenter staff
have been actively marketing the telecenter to increase the occupancy rate of the telecenters
and increase business service uses at the telecenter. Currently the telecommuter occupancy
rate for the "H" street telecenter is 40%, and occupancy for the downtown telecenter is 27%.
The telecenter strategy is to attempt to operate the telecenter as a business by the third year of
operation. It is anticipated that an initial three years from the time of opening will be needed
to bring the telecenter to a position of self-sufficiency. Self-sufficiency will be borne from a
combination of obtaining major grants and generating revenue from business services.
The main focus of the first year was to learn how to attract and retain telecommuters, learn
how to run the center effectively for telecommuters, and to begin to develop partnerships with
other kinds of users such as universities or business service providers.
In year two, the telecenter concept is being refined and the facilities are operating smoothly.
Emphasis is currently on expanding the operation and increasing telecommuter occupancy.
Staff will focus on maintaining high telecommuter occupancy levels and expanding the type
and volume of other trip reducing and revenue generating services. Toward the end of year
.2!-c2-
Page 3, Item .2.1
Date: 11/21/95
SANDAG Contract
two, staff will begin exploring the process of converting the center into a profitable operation
that could be licensed as a government concession. In this year staff will also decide whether
to expand the program in other communities of Chula Vista.
The goal in year three is to make the telecenter financially self-sustaining. Fees for
telecommuters will increase which will reduce demand slightly. Therefore, one additional
workstation will be rented as an executive suite. High occupancy levels will be maintained
both for telecommuters and other users. But key to the success of the telecenter will be the
development of additional revenue generating and trip reducing services. A plan will be
developed for licensing the operation of the telecenter to a private company.
Specific 2nd and 3m Year Fundine: Opportunities
The following is a breakdown of the general strategy currently being pursued to generate
revenue to continue telecenter operations beyond June of 1996. These are grouped into two
categories: A) Major grant prospects and B) Revenue Generating service prospects.
A. Grant Prospects:
Telecenter staff are developing strategic alliances with major organizations in San Diego
through partnership agreements and specialized grant opportunities. In order to achieve this,
staff have identified and are pursuing three major public/private partnership grant
opportunities. These are as follows:
1) Community Based Health-Care Telemedicine Grant: A major pharmaceutical corporation
has invited the City to develop and submit a proposal utilizing telecommunication technology
to promote community-based health care services. Telecenter staff have created a project
team to develop a concept plan to be submitted to the corporation. This project team
includes the Society of Public Health Education, Community Health Group, San Diego Data
Processing Corporation, the County of San Diego Health Department, Kaiser Permanente, the
Urban League, MACC Project, and San Diego State University Technology Department. If
the concept plan is approved, the City will then develop a full-fledged proposal in cooperation
with the corporate grant foundation.
2) Challenge Grants for Technology in Education: The telecenter is partnering with Juarez-
Lincoln school and Pacific Bell to develop an application to be submitted to the U.S.
Department of Education. The purpose of the grant is to create a new generation of
interactive learning environments grown out of advances in technology and
telecommunications. Staff hopes to integrate both the telecenter and the city's
SmartCommunity Project into this grant.
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3) Public Technology Incorporated: Telecenter staff will be applying for an additional grant
from Public Technology Inc. (PTI). PTI is a non-profit organization which operates as the
'research and development' division of the National League of Cities. It represents and
promotes progressive and entrepreneurial city and county government operations in the United
States. Over the past twenty four years, PTI has helped develop technologies that support
communities. The City plans to compete this year for local technology transfer projects that
enhance both energy systems and public services. Cities that have developed partnerships
with other public agencies, private industry, universities and research organizations, such as
Chula Vista's telecenter project has done, improves its prospect of receiving funding under the
RFP criteria. Staff will be applying for funding in the spring of 1996.
ID Revenue Generatinl! Business Services
The telecenter provides business service opportunities which can reduce automobile travel and
serve the community. It is the vision of the telecenter to offer a wide variety of technology-
based services in one location in order to reduce travel and generate revenue. The revenue
will be used to subsidize the primary function -- telecommuting. Telecenter staff is exploring
the following examples of potential additional services:
- Executive suites for lease.
- Meeting space for rent
- Video conferencing facilities for rent
- Classroom space for rent for software training, etc.
- Distance learning from regional universities
- Telemedicine
- Hourly rental of computers for typesetting, Internet access, etc.
The following projects are currently being pursued:
1) Video Conference Rentals & Affnity Video-Net: The telecenter is under contract with a
nation-wide video-conferencing booking agency. This agency books both-end
videoconferencing facilities for corporations based upon a standard video-conference rental
rate, which is $200.00 per hour, of which the City will receive 70% or $140 per rental hour
for domestic network usage, more for video calls outside the United States.
2) Distance Learning Gasses: The telecenter is finalizing an agreement with National
University to provide distance learning via-video conferencing for a number of classes.
National University will provide Chula Vista students with an option to take specific classes
via interactive videoconferencing, thus allowing those students to eliminate a 30 mile drive
round trip per class. Each student will be charged $10 per class for the 'classroom extension'
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service; staff anticipates each class may generate $100. Similar distance learning applications
are being pursued with other universities.
3) TeleSuites: Te1ecenter staff is developing a concept called a "TeleSuite". A TeleSuite is
an office space within a telecenter that offers global connectivity via the internet, and
therefore global outreach capabilities to the occupants of the space for those businesses
interested in advertising from our te1ecenter on the Internet, and potentially needing assistance
in developing a home page. A growing trend among corporations today is to hire
independent contractors or outside compauies to do the work that formerly was accomplished
by in-house employees. These independent contractors or new businesses may not be able to
afford the costs of starting a new business. The telecenter provides fully furnished space,
computer equipment, phones, faxes, etc... and can provide this space on a part time basis for
start-up businesses or contract workers.
C. Marlretinl! Activities:
1) Radio Advertising Trade: Staff has completed a trade with Shadow Broadcast Services, a
corporation providing news, traffic, weather and sports reports to eleven rated radio stations in
San Diego. The Telecenter will receive $10,000, worth of directed radio advertising, 250
radio spots distributed over 3 months, linked to traffic and news/business reports during key
drive-time hours on 11 different stations to market the telecenter and its business services.
The benefit of these reports provides the City with an alternative means of reaching
commuters. Shadow's network of radio stations covers a variety of formats, and thus reaches
a vast demographic scope of listeners. The advertisements will run in the news, traffic and
weather reports in the form of 30-word, live-read spots. The ads will not fall into a cluster of
commercials, but will stand alone surrounded by valuable information, information that our
target audience will be searching for. Since these messages are read live, Shadow is able to
provide flexibility in the message, which will allow the message to be rotated (i.e.
telecommuting ad during morning commutes, videoconferencing ad during business/news
reports). Stations include KIFM 98.1, KSDO AM 1130 New/talk, KYXY 96.5, KGB-FM
101.5; KFSD 94.1; KKBH 102.9; KIOZ 102.1; KKLQ 106.5 and 1320 AM; KPOP 1360 and
KOGO AM 600 talk radio. Two seperate advertisements will be utilized. Advertising will be
designed to reach commuters living in Chula Vista and working elsewhere and to business
managers that may be interested in renting the videoconferencing facility versus flying to
meetings outside San Diego.
In exchange, the te1ecenter will waive the regular hourly videoconferencing rental fee and
provide 60 hours of videoconferencing time (worth approximately $10,000), to be used within
the continental United States. The only cost to the telecenter for providing videoconferencing
services is the direct phone charges, which is anticipated to be no greater than $2,000 total.
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The radio ad will be tag-lines to regular news and traffic reports begin running the December
1st through mid-February 1996. Because this transaction was a one time specialized in-kind
trade of services, it would not have been appropriate to go to bid for such services.
2) Webster University Graduate Research Program: Staff has developed a partnership with a
Webster University graduate student team to conduct a business development research
program for the City. The students are participating in a masters program, and will be
conducting, as part of their coursework, an extensive nine (9) week research project to assist
in telecenter business development efforts. The student team members are all highly qualified
computers systems analysts and business management professionals, all of which have been
working in the telecommunications field for years. An outline of the research project is
attached. The research to be conducted pertain to two areas: 1) identifying employer
business clusters to target - i.e. which business areas (i.e. Sorrento Valley, Otay Mesa, etc...)
have clusters of Chula Vista employees? This information will be used to recruit major
corporations for participation in the telecenter program, and to reach their Chula Vista
employees. 2) Identfiy potential business services aimed at making the telecenters self-
sufficient. This includes identifying a) revenue generating business services that may be
offered in the near term, b) appropriate charges for those services, c) the best ways to market
these services, and d) what else can be done to produce revenue for the telecenters. The
research team will provide the city with options relating to marketable business services, a
viable marketing approach for the target business services, and general direction on which
businesses to market. A final report will be provided to staff and to the Telecenter Task
Force at the completion of the project, which is scheduled for the week of December 18th,
1995.
3) GTE Mobilnet: Staff is currently working with GTE Mobilnet to establish a partnership
similar to the partnership the city developed with COX Cable. Staff is currently negotiating
the details of such a partnership. GTE's interest in the telecenter is that the net effect of
encouraging people to use the telecenter is that dollars are channeled into telecommunications
costs instead of gasoline. Specifically, GTE is considering the following concept: GTE
Mobilnet customers may be provided a work station at the telecenter sponsored and paid for
by GTE Mobilnet, thus providing a service to the mobile professional that GTE can market to
their customers, as well as provide their customers with an opportunity to comfortably work
out of a facility where they are, close to their client base. Many times mobile professionals
are frustrated by the lack of comfortable space to spread out their work, or lack of a
professional environment in which to meet their clients. In other words the Telecenters can
be a one stop solution for the needs of an office environment when GTE's customers are on
the move.
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SANDAG Contract
Current Users of the Telecenter include the followinl! omanizations:
AT&T Global Information Solutions (currently the telecenter's have 2 AT&T employees)
Universal Mortgage
Christian Emergency Relief Teams (CERT) Int'l
The Influencers
La Maestra Family Clinic
Universal by Maloy
Inter Trade Investment LTD, Inc.
Quintessential Graphic Design
The County of San Diego
Micro Age Computer Center
University of Phoenix
National University
The Zoological Society of San Diego
San Diego Soccers
Energy Labs, Inc.
SANDAG Contract Scope of Worn:
Under the contract with SANDAG, the City will act as project manager, and provide
management and administrative oversight for the day-to-day operations of the center. The
City will also collect market data, operational experience, and product performance records
which will be valuable to other agencies or partnerships interested in implementing similar
programs. The City will receive a lump sum check of $80,000 60 days after approval of the
contract. Staff will provide monthly reports on the expenditures and telecenter activities.
This is not a reimbursement contractual arrangment. The following is a general description of
the contract tasks to be performed by the City per the SANDAG contract. The actual scope
of work can be found in the contract on page 6.
The City will move into year 2 and partially year 3 of its telecenter operations. Year 2 and 3
will concentrate specifically on increasing the occupancy rate of telecommuters and
developing a variety of revenue generating and trip reducing partnerships. The City will
recruit employers and employees for both telecenters, develop partnerships for off-peak users,
market and advertise the telecenter. The following deliverables have been established:
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SANDAG Contract
1. Obtain occupancy rate at 50% at East H Street and a 40% occupancy rate at the
downtown facility by June 1996.
2. Develop three major partnerships with private or community groups, colleges or
medical centers resulting in trip reduction and revenue generation by January 1996.
3. Use of conference room to increase trip reduction above day-time use by 20 trips per
week.
FISCAL IMPACf:
The City will receive $80,000 in unanticipated revenue from SANDAG to be placed in the
Energy Conservation Fund. If Council approves the proposed budget, $80,000 will be
appropriated from the Energy Conservation Fund into a new account 280-2803. These funds
will be provided in a lump sum to the City approximately 60 days following approval of the
contract with SANDAG.
SANGDAG Contract:
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ATTACHMENT A
Budget for: 280-2803
Energy ConselVation Fund - Telecenter Project
TOTAL: $80,000
Account Catel!olV Total Amount
5231 Insurance/security 3,000
5251 Utilities 4,500
5252 telephone/video 13,200
5269 City force/janitorial 5,000
5271 Lease payments 43,100
5301 Office Supplies 2,000
5566 Office Equipment 3,500
5398 Other commodities 5,700
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TOTAL:
$80,000
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RESOLUTION NO. J J>/.2.?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN THE
SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE
CITY FOR SERVICES RELATED TO TELECENTER
DEVELOPMENT AND OPERATIONS, ACCEPTING AND
APPROPRIATING $80,000 FROM THE ENERGY
CONSERVATION FUND IN PASS-THROUGH FUNDS FROM
THE CALIFORNIA ENERGY COMMISSION
WHEREAS, in the spring of 1995, staff worked with SANDAG
to apply for additional grant funding from the California Energy
Commission to offset general telecenter operations and service
costs; and
WHEREAS, the CEC accepted the joint application and
agreed to provide an additional $80,000 for telecenter operational
costs for the second and year of operations; and
WHEREAS, these funds have been given to SANDAG which will
contract with the city; and
WHEREAS, said funds are particularly critical because
they may be used for operational expenses; and
WHEREAS, most of the grants received are earmarked for
marketing and program development; and
WHEREAS, these funds will be used to cover lease,
utilities, building and general operational costs; and
WHEREAS, staff is recommending approval of the agreement
and budget therefor.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve agreement between the San
Diego Association of Governments and the City for services related
to Telecenter development and operations.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the city.
BE IT FURTHER RESOLVED that the City of Chula vista does
hereby accept and appropriate $80,000 from proceeds of the SANDAG
agreement from the Energy Conservation Commission to Account 280-
2813 as set forth in Attachment A.
C:\rs\sandag.tel
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Presented by
Barbara Bamberger, Environmental
Resource Manager
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AGREEMENT BETWEEN
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND
THE CITY OF CHULA VISTA
This Agreement is entered into as of this day of November .l2: 1995, by and
between the San Diego Association of Governments (hereinafter referred to as
"SANDAG") and the City ofChula Vista (hereinafter referred to as "CITY").
RECITALS
WHEREAS, in 1992 the California Energy Commission (Commission)
appropriated matching funds in nonattainment areas for Transportation Demand
Management projects which demonstrate a reduction in vehicle miles traveled and
petroleum use; and .
WHEREAS, since 1994 the City of Chula Vista has operated two telecenters
under the Chula Vista Telecenter Project which meet the Commission's goals by allowing
commuters to work close to home without having to drive; and
WHEREAS, SANDAG submitted an application to the Commission on behalf of
the City ofChula Vista for the Chula Vista Telecenter Project; and
WHEREAS, on June 23, 1995, the Commission notified SANDAG of their
approval of $80,000 for the Chula Vista Telecenter Project; and
WHEREAS, the SANDAG Board of Directors at its meeting of September 22,
1995, authorized SANDAG to accept the funding from the Commission on behalf of the
City of Chula Vista; and
WHEREAS, the City of Chula Vista has the necessary resources and capabilities to
manage the Telecenter Project in accordance with the terms and conditions of this
Agreement.
NOW THEREFORE, the parties agree as follows:
SECTION 1. ENGAGEMENT
SANDAG hereby engages the CITY and the CITY agrees to perform the services
hereinafter described in Section 2.
SECTION 2. SCOPE OF CITY'S RESPONSmILITY
A. Personnel
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The CITY's Project Manager for the Chula Vista Telecenter Project, Barbara
Bamberger, shall be in charge of the performance of this Agreement on behalf of
the CITY.
B. Scope of Work
CITY shall complete the work according to the attached Scope of Work.
(Attachment A)
C. Submissiqn of Reports
1. The CITY shall communicate with SANDAG as necessary to report
progress and problem areas, ifany.
2. The CITY shall provide quarterly progress reports to SANDAG no later
than 30 days following the completion of the quarter, and in accordance
with the attached format (Attachment B) provided by the Commission.
3. Two copies of the reports shall be submitted to the SANDAG Project
Manager.
SECTION 3. SCOPE OF SANDAG'S RESPONSmUJTIES
A. Financial
The total sum to be distributed to the CITY is $80,000.
B. Personnel
The SANDAG Project Manager, Nicholas Ramfos, will provide direction and
guidance in matters related to the administration of the contract and procedures
relative to the project. The Project Manager will also review progress reports,
drafts, and final copies of work products required of the CITY by this Agreement.
SECTION 4. TIME OF PERFORMANCE
The services of the CITY as outlined in this Agreement shall commence on
November 1, 1995. This contract shall terminate on November 1, 1996.
SECTION 5. COSTS. PAYMENTS
A. Maximum Total Cost
The maximum total cost of this contract is $80,000. The CITY agrees to perform
all obligations under this Agreement within such agreed cost.
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B. Payment
SANDAG shall pay the total cost of this contract upon receipt of the funding from
the Commission.
SECTION 6. NOTICE
Any notice required or permitted under this Agreement may be personally served on the
other party, by the party giving notice, or may be served by certified mail, return receipt
requested, to the following addresses:
SANDAG: Wayne T. Sink
Director of Finance and Administration
San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101
CITY: Barbara Bamberger
Environmental Coordinator
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
SECTION 7. CHANGES
This Agreement may be terminated or provisions contained herein may be altered, changed
or amended by mutual consent of the parties hereto.
SECTION 8. STANDARD TERMS AND CONDITIONS
CITY agrees to comply with and be subject to the "Standard Terms and Conditions" as
set forth in Attachment C, which is hereby referenced as iffully set forth herein.
SECTION 9. GOVERNING LAW
All provisions of this Agreement shall be construed by the laws of the State of California.
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IN WITNESS THEREOF, the authorized parties have below signed:
SAN DIEGO ASSOCIATION
OF VERNMENTS
APPROVED AS TO SUFFICIENCY
OFFORM~.LE~ /J
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DEBRA GREENFIELD
SANDAG Legal Counsel
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CITY OF CHULA VISTA
SlllRLEY HORTON
Mayor
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ATTACHMENT A
SCOPE OF WORK
TASK 1:
Telecenter Administration
. Manage daily. operations oftelecenter, including maintenance offacility.
. Train and provide ongoing assistance to telecenter users.
. Participate in telecenter enhancement activities sponsored by UC Davis, including
training and education sessions, workshops, and coordination with other telecenters.
Deliverables: Quarterly summaries oftelecenter administrative activities
Quarterly budget summary
Receipts for direct expenses
List of telecenter users trained
Due Dates: No later than fifteen days after the end of each quarter.
TASK 2: Tracking
. Track telecenter usage using tracking and reporting format developed by UC Davis.
Deliverables: Summary report showing number oftelecenter users.
Due Dates: No later than fifteen days after the end of each quarter.
TASK 3: Ongoing Marketing and Recruitment Efforts
The City will continually identifY potential telecenter users (both employ
commuters) through an aggressive marketing outreach effort. As the project is
evaluated and enhanced, marketing efforts may change.
Deliverables: Marketing plan identitying outreach, advertising and events
Due Dates: September -December 1995 Plan, due November 15, 1995
January- May 1996 Plan, due December 1996
TASK 4: Achieve Occupancy Rates Goal
. Ongoing recruitment of employers and employees for telecenter.
. IdentifY and develop partnerships for off-peak uses.
. Attain occupancy milestones as described below.
Deliverables: Quarterly reports and related sign-in logs.
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Letters of commitment from private, non-profit or other groups using the
centers during off-peak hours.
Due Dates: By January 1996, develop 3 partnerships with private or community
groups, colleges or medical centers resulting in trip reduction and revenue
generation.
By February 28, 1996, achieve a 50% occupancy rate at the East H Street
facility, and a 40% occupancy rate at the F Street facility.
TASK 5:
Demonstrate Energy Savings
. Track Vehicle Miles Traveled (VMT) saved, petroleum displaced, and emissions
reduced from sign-in logs and user surveys.
Deliverables: Quarterly summary of energy savings.
Due Dates: No later than fifteen days after the end of each quarter.
TASK 6: Conduct Evaluation of Telecenter Project
. Coordinate with DC Davis to distribute and collect program evaluation data.
. Evaluate overall telecenter effectiveness based on occupancy rates, shared-usage
partnerships, and energy savings.
. Recommend changes or improvements to telecenter operations.
Due Dates: September 1996
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ATTACHMENT B
QUARTERLY PROJECT EVALUATION REPORT
TDM PROGRAM
FORMAT AND DIRECTIONS
I. PROJECT DESCRIPTION
Briefly describe the project (1-2 paragraph summary)
II. GOALS AND OBJECTIVES
Describe the specific program goals and how they will be accomplished.
III. CURRENT PROJECT SCHEDULE AND BUDGET
Provide the current schedule for facility or vehicle procurement, project marketing, regular
operation, evaluation of project results, and any other major milestones. Show budget
information for each maior component (e.g., vehicle procurement; marketing/promotion;
service operation; etc.)
IV. ENERGY SAVINGS AND OTHER BENEFITS
Provide the following information on energy use and savings:
1) Baseline annual VMT and petroleum fuel use for modes of travel (e.g., single-occupant
vehicle) which project was designed to replace; specify year used as baseline.
2) Recorded direct energy (VMT and petroleum fuel) savings as result of project, as of
reporting date. Include summary results of surveys of current vehicle miles traveled,
vehicle ridership, gallons of petroleum displaced, gallons of alternative fuels used, and
any other measurements or results of the project relating to direct energy savings.
Include dollar savings, if available.
3) Any recorded indirect energy savings that have accrued as result of project (savings
related to project, but not directly funded by the TOM Program). (e.g., if new transit
project, have additional reductions occurred in SOY trips due to related energy
conservation measures, such as providing bike racks at the transit station?; are there
other environmentallsocietal benefits occurring; etc.?)
4) VMT/petroleum fuel savings that are projected to occur within one year of start-up
operation of project.
5) Projected energy savings that are expected to occur over the life of the project.
V. SUMMARY COMMENTS (Optional)
Provide any other observations regarding the progress of the project, related projects. future
plans, or requests f"r information or technical assistance the CEe can provide to the project.
02/ ~ /1
ATTACHMENT C
SAN DIEGO ASSOCIATION OF GOVERNMENTS
STANDARD TERMS AND CONDmONS
The following tenns and conditions are hereby incorporated by reference to the Contract attached
hereto:
A IncoqlOration ofFederallState Guidelines
All relevant federal and state grant provisions and guidelines, as presently written or as changed
during the life of this Contract, bearing on this Contract, are hereby wholly incorporated by
reference herein and made a part of this Contract and take precedence over any inconsistent
terms of this Contract.
Basic guidelines shall be those developed in accordance with the Intermodal Surface
Transportation Efficiency Act of 1991 (H.R. 2950) hereinafter referred to as "ISTEA".
Specific guidelines shall be those prescribed by "Federal Transit Administration Agreement, Part
n of n, Terms and Conditions" (Form FTA n (B) dated March, 1993), Federal Transit
Administration (ITA) Circular 4220.1B, "Third Party Contracting Guidelines," and 0118
Circular A-I 02 "Uniform Requirements for Grants to State and Local Governments".
B. Equal Employment Ooportunity/Americans With Disabilities Act (ADA)
During the performance of this Contract, the Contractor agrees to comply with all the
requirements imposed by Title VI of the Civil Rights Act of 1984 (78 Stats 252) and the
regulations issued thereunder (Executive Order 11246).
Contractor agrees to comply with, and assure that Contractor complies with, all applicable
requirements of the Americans with Disabilities Act of 1990 (ADA) and all u.s. DOT
regulations regarding nondiscrimination on the basis of handicap in programs and activities
receiving or benefitting from federal financial assistance. No otherwise qualified person with a
disability shall, solely by reason of his or her disability, be excluded from participation in, be
denied the benefits of; or otherwise be subjected to discrimination under any program or activity
that receives or benefits from federal financial assistance.
1. The Contractor will not discriminate against any employee or applicant for employment
because of race, color, creed, sex, disability, age or national origin. The Contractor will
take affirmative action to ensure that applicants are employed, and that employees are
treated during employment without regard to their race, colol. creed, sex, disability, age,
or national origin. Such action shall include, but not be limited to, the following:
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employment upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination, rates of payor other forms of compensation, and selection of
training, including apprenticeship. The Contractor agrees to post in conspicuous places,
available -to employees and applicants for employment, notices to be provided by the
Contracting Officer setting forth the provisions of this Equal Opportunity clause.
2. The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, creed, sex, disability, age, or national origin.
3. The Contractor will send to each labor union or representative of workers with which it
has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the Contracting Office, advising the labor union workers' representative of the
Contractor commitments under this Equal Opportunity clause, and shall post copies of the
notice in conspicuous places available to employees and applicants for employment.
4. The Contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, Executive Order No. 11375 of October 13, 1967, and of the rules,
regulations and relevant orders of the Secretary of Labor.
5. The Contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of
Labor, pursuant thereto, and will permit access to its books, records, and accounts by
SANDAG and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
6. In the event of the Contractor's noncompliance with the Equal Opportunity clause of this
Contract or with any of the said rules, regulations, or orders, this Contract may be
canceled, terminated, or suspended, in whole or in part, and the Contractor may be
declared ineligible for further government contracts in accordance with procedures
authorized in Executive Order No. 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
7. The Contractor will include the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The Contractor will take such action with respect to any subcontract or purchase
order as the Contractor may direct as a means of enforcing such provisions, including
sanctions for noncompliance; provided, however, that in the event the Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the Contractor, the Contractor may request the United States to enter
such litigation to protect the interests of the United States.
C. Affirmative Action Compliance
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The Contractor shall have a written Affirmative Action Plan in conformance with regulations of.
the Department of Transportation (ISTEA). The Plan shall contain, at a minimum, the required
provisions as outlined and described in FTA (UMfA) Circular 4704.1 "UMTA Equal
Employment Opportunity Program Guidelines for Grant Recipients," dated July 26, 1988. A
copy of the Affirmative Action Plan for the period of time covered by this Agreement shall
remain on file with the Contractor for a period of three (3) years after completion of this
Contract.
D. Disadvantaged Business Enter:prise
In connection with the performance of this Contract, the Contractor will cooperate with DOT
and SANDAG in meeting their commitments and goals with regard to the maximum utilization
of disadvantaged business enterprises. It is DOT policy that DBEs shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in part with DOT
funds. This policy requirement shall be met according to DOT's current guidelines.
AI1 contracts and recipients must agree to abide by the statements in paragraphs (I) and (2)
below. These statements must be included in the recipient's DOT -assistance agreement and in all
subsequent agreements between the recipients and any subrecipient, and in all DOT-assisted
contracts between recipients and subrecipients and any contractor.
I. "Policv. It is the policy of the Department of Transportation that disadvantaged business
enterprises as defined in ISTEA have the maximum opportunity to participate in the
performance of contracts and subcontracts financed in whole or in part with federal funds
provided under this Agreement. Consequently, the DBE requirements ofISTEA apply to
this Agreement."
2. "DBE OblilZlltion. The recipient or its Contractor agrees to ensure that disadvantaged
business enterprises as defined in ISTEA have the maximum opportunity to participate in
the performance of contracts and subcontracts financed in whole or in part with federal
funds under this Agreement. In this regard, all recipients or contractors shall take all
necessmy' and reasonable steps in accordance with ISTEA to ensure that disadvantaged
business enterprises have the maximum opportunity to compete for any performance
contracts. Recipients and their contractors shall not discriminate on the basis of race,
color, national origin, disability, age, or sex in the award and performance of DOT -assisted
contracts. "
E. Ethics/Conflict ofInterest/Prohibition Auainst Lobbvin~
No elected officials of SANDAG, any of its member agencies, the State of California, or the
United States Government shall personally benefit from the financial proceeds of this Contract.
Costs incurred in violation ofthe above provision shall be unallowable costs.
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If it is detennined that Contractor is a designated consultant for purposes of the SANDAG
Conflict of Interest Code, Contractor shall comply with and be subject to all the provisions
therein.
Certifications on Lobbying are required for contracts exceeding $100,000. Contractor assures
that no federal funds have been paid or will be paid, by or on behalf of Contractor, 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 in connection with the awarding of this Contract.
Contractor agrees to comply with the provisions of 31 U.S.C. Section 1352 which prohibit the
use of federal funds for lobbying any official or employee of any federal agency, or member or
employee of Congress; and requires Contractor to disclose any lobbying of any official or
employee of any Federal agency, or member or employee of Congress in connection with
Federal assistance. Contractor agrees to comply with U.S. DOT regulations, ''New Restrictions
on Lobbying," 49 C.F.R Part 20.
F. Certification Regarding Debarment. Susoension. and Other Responsibility Matters
Debarment and Suspension certification is required for all procurtr,lents exceeding $25,000.
The Federal Transit Administration (Ff A) shall be informed of any certification exceptions.
Contractor certifies to the best of its knowledge and belief, that Contractor and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntariIy excluded from covered transactions by any Federal department or agency;
2. Have not within a three-year period preceding this Proposal or Contract been convicted of
or had a civil judgement rendered against them for commission of fraud or a crinlinal
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 statements, or receiving stolen property;
3. Are not presently indicted for or otherwise crinlinally or civiIJy charged by a governn1ental
entity (federal, state, or local) with commission of any of the offenses enumerated in
paragraph (2) above; and
4. Have not within a three-year period preceding this Proposal or Contract had one or more
public transactions terminated for cause or default.
Should Contractor be unable to certifY to any of the statements above, Contractor shall attach an
explanation to this ProposallContract.
G. Buy America
4
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...-.....:' r
r':.:~. ,~
Contractor must conform with Section 165 of the Surface Transportation Assistance Act of
1982, as amended by Section 337 of the Surface Transportation and Uniform Relocation
Assistance Act of 1987, and Section 1048 of the Intermodal Surface Transportation Efficiency
Act of 1991, and FTA regulations, "Buy America Requirements - Surface Transportation
Assistance Act of 1982," 49 C.FR Part 661 and applicable revisions thereto.
H. Notice Regarding Late DelivetV
In the event the Contractor encounters difficulty in meeting performance requirements, or
anticipates difficulty in complying with the Contract delivery schedule or date, the Contractor
shall inunediately notifY the SANDAG Project Manager thereof giving pertinent details,
including the date by which it expects to complete the performance or make delivery; provided,
however, that this notification shaII be informational only in character and that receipt thereof
shaII not be construed as a waiver by SANDAG of a Contract delivery schedule or date, or any
rights or remedies provided by law under this Contract.
I. Ostensible Allency Disclaimer Notice
The Contractor is hereby expressly put on notice that no employee of SANDAG has authority to
authorize in writing or otherwise any additional work which would increase the cost of this
Contract without SANDAG Executive Director approval.
J. Audit and Inspection of Records
The Contractor shall maintain complete and accurate records with respect to aIlowable costs
incurred under the Agreement. All such records shall be maintained on a genera11y accepted
accounting basis and shall be clearly identified and readily accessible. The Contractor shall
provide reasonable access to the representatives of SANDAG, or their appointees, at all proper
times to such books and records, and the right to examine and audit the same, and to make
transcripts therefrom as necessary, and to aIlow inspection of all work data, documents,
proceedings, and activities related to this Agreement for a period of three (3) years from the date
of final payment under this Agreement. In addition to the above accounting records, the
Contractor shaII maintain records to show actual time and aIlowable costs as required by
SANDAG.
K. Termination for Cause
Except as otherwise provided herein, if the Contractor shall fail to fulfill in timely and proper
manner its obligations under this Contract, or if the Contractor shall violate any of the covenants,
agreements, or stipulations of this Contract, SANDAG shall thereupon have the right to
terminate this Contract by giving written notice to the Contractor of such termination and
specifYing the effective date thereof, at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data studies, surveys, drawings,
maps, models, photographs, and reports prepared by the Contractor shall, at the optior> of
5 ;2/-,2 f
"
d
c -~ I
SANDAG, become its property, and the Contractor shall be entitled to receive just and equitable
compensation for any satisfactory work performed on such docurr.ents and other materials.
Notwithstanding the above, the Contractor shall not be relieved of liability to SANDAG for
damages sustained by SANDAG by virtue of any breach of the Contract by the Contractor.
L. Termination for Convenience
SANDAG may at any time terminate this Agreement for any reason by giving fifteen (15) days
written notice of termination. Upon termination, the Contractor will be paid the reasonable
value for services actually performed, based upon the compensation and payment schedule set
forth in this Contract.
M. Assilmabilitv
The Contractor shall not assign any interest in this Contract and shall not transfer any interest in
the same (whether by assignment or novation) without the prior written consent of SANDAG
thereto; provided, however, that claims for money due to become due to the Contractor from
SANDAG under this Contract may be assigned to a bank, trust company, or other financial
institution without such approval. Notice of any such assignment or transfer shall be furnished
promptly to SANDAG in writing.
N. Hold Harmless
I. The Contractor agrees to indemnifY, defend, and save harmless SANDAG, its officers,
agents, 8ll.d employees from any and all claims and losses accruing or resulting to any and
all contractors, subcontractors, materialmen, laborers, and any other person, firm or
corporation furnishing or supplying work services, materials, or supplies in connection
with the Contractor's activities under this Contract and from any and all claims and losses
accruing or resulting to any person, firm, or corporation who may be injured by the
Contractor in connection with its activities under this Contract.
2. The Contractor, and the agents and employees thereof; in carrying out this Contract, shall
act in an independent capacity and not as officers or employees ofSANDAG.
6 ;:U/,2/
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o. Subcontractors
The Contractor shall not enter into any agreement to perform subcontracted work in connection
with this Contract without first obtaining written approval of SANDAG as to the scope of work
and the subcontractor. .
P. All provisions of this Agreement shall be construed pursuant to the laws of the State of
California.
7 ;2/ ~;2;:-
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.)\. I
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item :2. ^
Meeting Date 11/21/95
Resolution 1%/30 Amending the City's Master Fee Schedule to
establish New Green Fees at Chula Vista Municipal Golf Course
Director of Parks and Recreat~
City Manager O~11P (4/5ths Vote: Yes _ No.xJ
f~
SUBMITTED BY:
REVIEWED BY:
American Golf Corporation, the golf course lessee, is requesting a green fee adjustment for non-residents
as per the lease agreement approved by the City Council in November 1984. The Agreement allows the
Lessee to adjust the green fees to comparable golf courses at least once per year. The current green fees
have been in effect since October 1, 1994.
RECOMMENDATION: That the City Council adopt the resolution and amend the City's Master Fee
Schedule and approve the following rates effective December 18, 1995:
1. Increase 18-hole week day rates from $18 to $20; and
2. Increase 18-hole weekend, holiday rates from $24 to $26
3. Increase 9-hole weekend rate from $10 to $11; and
4. Increase 9-hole weekend, holiday rate from $13 to $14; and
5. Increase week day twilight rates from $11 to $12; and
6. Increase weekend, holiday twilight rates from $14 to $15; and
7. Increase 9-hole week day super-twilight rates from $9 to $10; and
8. Increase 9-hole weekend, holiday super-twilight rates from $10 to $11
BOARDS/COMMISSIONS RECOMMENDATION: On October 26, 1995, the Parks and Recreation
Commission approved (7-0) staffs recommendation for green fee adjustments (Minutes are Attachment
"An).
DISCUSSION: American Golf submitted a fee adjustment request for non-residents on September 6,
1995 (Attachment "B "). Per the lease agreement, the City has the right to review and approve green fee
rates. Green fee rates may be comparable to those charged by other public golf courses in San Diego
County. American Golf Corporation's proposed green fee increase included:
1. A $4 increase on 18-hole weekdays from $18 to $22 and weekend rates from $24 to $28; and
[NEfWORK:AI13-Amergolf.113-November 16, 1995}
1
.),). - /
i ro.
?lC'(;"'
Item
Meeting Date 11/21/95
),.2
2. An increase in weekday 9-hole rates from $10 to $12; and
3. An increase in the week day twilight rate from $11 to $13; and
4. An increase in the week day super-twilight from $9 to $10; and
5. An increase in the weekend rates for 9 holes from $13 to $15; and
6. An increase in the twilight rate from $14 to $16; and
7. An increase in the super-twilight rate from $10 to $11.
The proposed rate fee increases were posted at the Pro-Shop four weeks prior to the October 26 Parks
and Recreation Commission. In addition, the golf course manager presented American Golf's fee
proposals to the Men's and Women's Golf Club at their general membership meetings. Both clubs had
no objections or concerns since the increase fees does not affect the resident discount rate which applies
to them.
American Golf is not proposing a fee adjustment for the resident discount rates because the resident
discount rates were increased last year.
The following chart summarizes the current rate(s), the rate(s) proposed by American Golf, and the staff's
recommendation rate(s):
Monday - Friday No
(Excluding Holidays) 18 $18 $22 $20 $15 Change
Saturday, Sunday & No
Legal Holidays 18 $24 $28 $26 $18 Change
Monday - Friday No
(Excluding Holidays) 9 $10 $12 $11 $9 Change
*Saturday, Sunday & No
Legal Holidays 9 $13 $15 $14 $11 Change
Monday - Friday No
Twilight 9 $11 $13 $12 $10 Change
[NErWORK:A1l3-Amergolf.1l3-November 16, 1995]
2
~;2-.)....
r'.,
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Item
Meeting Date 11/21/95
d2
Monday - Friday No
Super Twilight 9 $9 $10 $10 $9 Change
Saturday, Sunday & No
Legal Holid.-Twilight $14 $16 $15 $12 Change
Sat., Sun.& Legal No
HoIid.-Super Twilight $10 $11 $11 $9 Change
*
9-hole play would continue to be scheduled in the early morning on the back nine only. Once
the front nine golfers are finished, 9-hole play will be limited after 12:00 noon.
Senior Rates:
Monday - Friday, Excluding
Legal Holidays
With $10 yearly discount
9 or 18
50 % resident
discount
With $40 monthly discount
card
9 or 18
$1.00
per round
No
Change
No
Change
No
Change
No
Change
Resident Senior reservations are restricted between 9:00 a.m. - 12:00 noon. However,
they would be able to play between 9:00 a.m. - 12:00 noon from a waiting list at the
discount rate.
Justification for Staff Recommendation: Staff believes that American Golfs proposed rate increase of
22% and 17% in the week-day and weekend 18-hole and 9-hole rates is excessive based on competitive
analysis of other courses. Therefore, staff is recommending a $2 rate increase for I8-hole on weekdays,
$18 to $20 and a $2 rate increase for weekend and holiday, $24 to $26. The $2 increase recommended
by staff equates to a 11 % and 8 % increase.
[NETWORKAl13-Arnergolf.I13-November 16, 1995]
3
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cJ:2..
Item
Meeting Date 11/21/95
San Diego Countv Green Fee Comnarison: Staff has prepared the following green fee rate ranking, in
San Diego County, from the lowest rate to the highest. The chart illustrates Chula Vista's resident
discount rate, regular rate, and the "staff recommended rate increase" ranking. The resident discount rate
will continue to be the lowest green fee throughout the County, while the regular rate will go from the
fourth lowest to the mid-range of the golf courses compared.
WEEKDAY
Chula Vista Resident (Existing)
Bonita
"Stardust
Chula Vista (Existing Non-Resident)
Balboa
Coronado
Staff Proposed Rate (Non-Resident)
RSD Ivanhoe
RSD Monte Vista
""Mission Trail
Torrey Pines
Singing Hills
""EastLake
"Steel Canyon
"Carlton Oaks
Weekdav -
$15.00
$16.00
$17.00
$18.00
$18.50
$20.00
$20.00
$21.00
$21.00
$23.00
$24.50
$27.00
$30.00
$33.00
$45.00
$24.58
WEEKENDS
Chula Vista Resident (Existing)
Coronado
Balboa
Chula Vista (Existing Non-Resident)
Bonita
"Stardust
Staff Proposed Rate (Non-Resident)
Torrey Pines
""Mission Trail
RSD Monte Vista
RSD Ivanhoe
Singing Hills
"Steel Canyon
""EastLake
"Carlton Oaks
AVERAGE:
Weekend -
"
""
Green fees are reduced by $10 because cart fee is included
Golf Course is operated by American Golf
$18.00
$20.00
$23.50
$24.00
$25.00
$25.00
$26.00
$27.00
$29.00
$30.00
$34.00
$35.00
$45.00
$46.00
$55.00
$32.88
American Golf is in agreement with the Department's fee proposals, and will withdraw their fee proposal.
Council Interest in Canital Imnrovements at the Golf Course: At the Council meeting on September 13,
1994, when American Golf's request for a rate increase was considered, Council requested that when
such fee increase requests are brought to the Council in the future, that information on capital projects
that American Golf has completed be included in the Council report. American Golf submitted the
following list of capital improvement projects completed from October, 1994 through September, 1995:
Redesign and upgrading of #13 hole. This included re-sodding green, new tees,
additional concrete cart path tee to green, two new sand traps and planting of 40 trees
in the fairway.
Installed netting over the river channel at the driving range to recover range balls.
Ongoing channel repairs due to flooding.
Mitigation of underground storage tanks.
[NETWORK:A113-Amergolf.1I3-November 16, 1995]
4
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$26,000
$16,000
$ 9,500
$20,000
,...
Item ';<.:2..
Meeting Date 11/21/95
Construction of a patio/rest area by the scoreboard adjacent to the pro-shop.
$ 3,500
$75,000
Total
In addition, Council requested data on the surcharge revenue received for advance reservations which are
generated more than seven days in advance. Last year, the golf course realized an additional $1,123 in
revenue for advance reservations.
FISCAL IMPACT: The staff reconunended green fee increase will produce an estimated $7,500 -
$10,000 in additional revenue for the City. Based on the existing number of rounds, American Golf will
realize $50,000 to $75,000 in gross revenues.
Attachments: "A" - Minutes from the October 26, 1995 Parks and Recreation Commission Meeting
"B" - Request from American Golf for fee adjusttnent
[NEIWORK:AI13-Amergolf.113-November 16, 1995]
>>-5" )A-(P
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RESOLUTION NO.
/ ~/ J {)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE CITY'S MASTER FEE
SCHEDULE TO ESTABLISH NEW GREEN FEES AT THE
CHULA VISTA MUNICIPAL GOLF COURSE
WHEREAS, the current green fee schedule for the Chula
vista Municipal Golf Course took effect October 1, 1994; and
WHEREAS, American Golf Corporation, the golf course
lessee, is requesting a green fee adjustment; and
WHEREAS, staff is recommending a green fee schedule
effective December 18, 1995, maintaining the status quo for the
resident discount and senior rates; and
WHEREAS, the Parks and Recreation
October 26, 1995 meeting, unanimously
recommendation.
Commission,
endorsed
at its
staff's
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby amend Chapter VIII of the
City'S Master Fee Schedule to establish new green fees at the Chula
vista Municipal Golf Course effective December 18, 1995 as set
forth below:
Monday - Friday No
(Excluding Holidays) 18 $18 $22 $20 $15 Change
Saturday, Sunday & No
Legal Holidays 18 $24 $28 $26 $18 Change
Monday - Friday No
(Excluding Holidays) 9 $10 $12 $11 $9 Change
Monday - Friday No
Twilight 9 $11 $13 $12 $10 Change
Monday - Friday No
Super Twilight 9 $9 $10 $10 $9 Change
*Saturday, Sunday & No
Legal Holidays 9 $13 $15 $14 $11 Change
..2eJ-?
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& ""'{
Saturday, Sunday &
Legal Holid.-Twilight
Sat., Sun.& Legal
Holid.-Super Twilight
$10
$11
$11
$9
No
Change
No
Change
$14
$16
$15
$12
*
9-hole play would continue to be scheduled in the early morning on the back nine only. Once
the front nine golfers are finished, 9-hole play will be limited after 12:00 noon.
Senior Rates:
Monday - Friday, Excluding
Legal Holidays
With $10 yearly discount
9 or 18
50% resident
discount
With $40 monthly discount
card
9 or 18
$1.00
per round
No
Change
No
Change
No
Change
No
Change
J
Presented by
Jess Valenzuela, Director of
Parks and Recreation
Bruce M. Boogaard
City Attorney
C:\I'II\greens fees
d.2-r
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Attachment Al
Parks & Recreation Commission Minutes
October 26, 1995
Page 4
DRAFT
Jess Valenzuela said the City Attorney felt it could be accomplished in a couple of months, but then the City
would have to pay fair market value and it would increase the cost of the project.
MSUC (Dennison/Palma) to direct staff to look at the possibility of purchasing the vacant lot north of Main
Street.
C. American Golf Cour!;p Fee Increase
Jess Valenzuela presented staff's report and introduced Rick Roshey from American Golf.
Rick Roshey indicated that resident or seniors fee increases were not proposed. The proposed increases would
be for non-residents only. American Golf had proposed fees, as did the Parks & Recreation Department.
American Golf would be satisfied with either set of increases that the Commission decided on.
MSUC (Helton/Palma) to approve the department's recommendation for green fee adjustments.
D. Otav Ranch Work5hoo
Jess Valenzuela introduced Rick Rosier from the Otay Ranch project office and Kent Aden from the Baldwin
Company who would present the park plans for Otay Ranch Villages 1 & 5. He said when the item was
previously heard there was much discussion regarding pedestrian parks. There had been some changes from the
previous plan.
Kent Aden, presented Baldwin's Villages 1 & 5 master plan including the park plans.
Jess Valenzuela said the issues before the Commission were whether or not to allow pedestrian parks and whether
to allow credit for them, the physical plan, and phasing. The project had come a long way. He asked Martin
Schmidt to make a brief presentation on the physical plan as it related to the neighborhood park, from the
Department's point of view.
Martin Schmidt stated he had served on the technical committee for the Otay Ranch for SPA I. The Parks &
Recreation Department had a vision of neighborhood parks not just to provide active use facilities, but to provide
passive use opportunities. There would be a density of housing and people who needed a release by going to
a green area to relax. The focus of active uses would shift to the community parks. There was a requirement of
the developer to design and implement a 25 acre park. Depending on the park credit allowed for pedestrian
parks (1-2 acres), the community park could be built at 10-15 acres. Staff wanted to have centrally located
facilities for basketball, tennis, etc. so that staffing could occur at the facilities.
jess Valenzuela mentioned that phasing was an issue. Staff was looking for a balance between neighborhood and
community parks. The core area of the Village would serve as a passive area. When a high school sight was
selected, the community park might be designed to be constructed next the high school. There were several
triggers as to when parks would be constructed. A!, the SPA developed over time, there would be a lot of active
needs generated. There needed to be a balance, that was why staff desired the larger neighborhood park.
Baldwin was seeking park credit for the two acre parks. The General Plan minimum standard for neighborhood
parks was five acres. The pedestrian parks proposed by Baldwin were below General Plan standards. Another
question was if the City wanted to accept the smaller parks. There was not a lot that could be done with the
smaller parks. It could, however, provide relief in the areas. The General Plan indicated that smaller parks (five
acres or less) would be built in western Chula Vista where vacant land could not be found. Smaller parks were
not encouraged in the eastern portions of the City since the lond was available. The proposed two acre parks
were in question for two reasons: would the parks rec".ve credit and would the parks be built. His
recommendation was that the parks not receive credit becaus<1 he did not feel the parks served a need. If Baldwin
O?cl. -;
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CHULA VISTA GOLF COURSE
4475 BONITA RD.,BONITA, CA. 91902
RECEIVED
SI:jJ S
I
Ct-iU:"'A \'l~ -:','- -': 61
p.::C;:~c.;" .. ':. ::
Attachment 81
SEPTEMBER 6. 1995
MR. JESS VALENZUELA
DIRECTOR OF PARKS AND RECREATION
CITY OF CHULA VISTA
276 4th AVENUE
CHULA VISTA. CA. 92010
DEAR JESS.
AMERICAN GOLF CORPORATION WOULD LIKE TO PROPOSE THE ATTACHED
NEW RATES FOR CHULA VISTA GOLF COURSE. WE WOULD APPRECIATE IT IF
WE COUTD PLAN TO PRESENT THE PROPOSAL TO THE PARKS AND RECREATION
COMMISSION AT THEIR REGULAR SEPTEMBER MEETING AND THEN GO TO CITY
COUNCIL AS SOON AS FEASIBLE.
IN OUR PROPOSAL, WE ARE ONLY
REQUESTING TO INCREASE THE NON-RESIDENT RATE CATEGORIES. THERE IS
NOT A PROPOSED RATE INCREASE FOR ANY RESIDENT DISCOUNT FEE OR
SENIOR RATE. OUR INTENTION IS TO PROTECT OUR RESIDENT AND SENIOR
PLAYERS BY MAINTAINING THE CURRENT RATES IN THE FORESEEABLE FUTURE.
WHILE WE REALIZE THAT THESE INCREASES ARE SIGNIFICANT. WE ALSO
STRONGLY FEEL THAT THEY ARE JUSTIFIED WHEN COMPARED TO THE SAN
DIEGO COUNTY PUBLIC COURSES. EVEN WITH THE SEVERE DAMAGE ~ HAVE
INCURRED FROM THE 1993 AND 1995 FLOODING. WE THINK THAT CHULA VISTA
HAS CLIMBED OVER THE PAST FOUR YEARS TO A LEVEL OF PLAYABILITY AND
ENJOYMENT FOR THE GOLFER TO EQUAL IF NOT EXCEED MOST COMPARABLE
COURSES. HOWEVER. OUR PRESENT NON-RESIDENT RATES ARE MUCH LOWER
THAN THE AVERAGE AS SHOWN IN ATTACHMENT 1. THE PROPOSED INCREASES
;<.). - / CJ
'i
Attachment 62
WOULD KEEP CHULA VISTA IN THE MIDDLE RANGE OF ALL COUNTY COURSES,
I HAVE ATTACHED SOME SUPPLEMENTAL INFORMATION FOR YOUR AND
COMMISSION'S REVIEW IN ADDITION TO IMPROVEMENTS AND CIPS THIS PAST
YEAR.
I HOPE YOU FIND THIS PROPOSAL SATISFACTORY AND I LOOK FORWARD
TO DISCUSSING IT WITH YOU SOON. AS WE HAVE IN THE PAST, I HOPE
THAT WE CAN BE IN AGREEMENT ON YOUR RECOMMENDATION FOR THE
COMMISSION. A NOTICE HAS BEEN POSTED STATING THAT WE HAVE PROPOSED
TO APPEAR AT THE COMMISSION MEETING WITH THE NEW RATES. .
SINCERELY,
cY---X
RICKE CROCHET
GENERAL MANAGER
,2;2-//
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C"""J i
PROPOSED RATES FOR CHULA VISTA GOLF COURSE
WEEKDAY
TYPE
RESIDENT 18
NON-RESIDENT 18
RESIDENT 9
NON-RESIDENT 9
RESIDENT TWILIGHT
NON-RESIDENT TWILIGHT
SUPER TWILIGHT RESIDENT
SUPER TWILIGHT NON-RESIDENT
RESIDENT SENIOR
SENIOR TICKET
~JSJS1USl'ID
'TYPE
RESIDENT 18
NON-RESIDENT U
RESIDENT 9
NON-RESIDENT 9
RESIDENT TWILIGHT
NON-RESIDENT TWILIGHT
SUPER TWILIGHT RESIDENT
SUPER TWILIGHT NON-RESIDENT
CURRENT
15.00
18.00
9.00
10.00
10.00
11.00
9.00
9.00
7.50
$40.00($1.00 PER ROUND)
CURRENT
18.00
24.00
11.00
13.00
12.00
14.00
9.00
10.00
eJ.y. -I ;;..
Attachment B3
PROPOSED
NO CHANGE
22.00
NO CHANGE
12.00
NO CHANGE
13.00
NO CHANGE
10.00
NO CHANGE
NO CHANGE
PROPOSED
NO CHANGE
28.00
NO CHANGE
15.00
NO CHANGE
16.00
NO CHANGE
11. 00
COMPARABLE RATE SURVEY
COURSE
STARDUST/HANDLERY
BONITA
CORONADO
RANCHO SD IVANITOE
RANCHO SD MONTE VISTA
EASTLAKE
BALBOA COUNTY
NON-RES
TORREY PINES COUNTY
NON-RES
MISSION TRAILS
SINGING HILLS
STEEL CANYON
CARLTON OAKS
TOTAL AVERAGE
CURRENT CV NON-RES
PROPOSED CV NON-RES
Attachment 84
18 HOLES
WK DAY WK END
'I'WILIGlIT
WK DAY WK IHJ
27.00 35.00
16.00 25.00
20.00 20.00
29.00 34.00
25.00 30.00
30.00 46.00
36.00(FRI) .
18.50 23.50
26.50 31.50
24.50 27.00
42.00 50.00
22.00 29.00
29..00 35.00
43.00 55.00
55.00 65.00
16.00 22.00
10.00 14.00
10.00 10.00
15.00 18.00
15.00 18.00
21.00 33.00
25.00(FRI)
10.00 13.50
10.00 13.50
12.25 13.00
21.00 25.00
15.00 22.00
15.00 18.00
30.00 33.00
25.00 25.00
29.11
36.14
16.09
11.00
19.86
18.00
22.00
24.00
14.00
28.00
13.00
16.00
d)-I}
REPAIRS AND CAPITAL IMPROVEMENTS
OCTOBER 1994 - SEPTEMBER 1995
*
REDESIGNED AND UPGRADED # 13 HOLE
TO INCLUDE RE-SOD GREEN, NEW TEES,
CARTPATH TEE TO GREEN, TWO NEW SAND
~PS AND FORTY TREES.
INSTALL NETTING TO COVER FLOOD CHANNEL
AT DRIVING RANGE TO RECOVER RANGE BALLS
AND IMPROVE QUALITY.
FLOOD REPAIRS
*
..,
*
MITIGATION OF UNDERGROUND STORAGE TANKS
INSTALL PATIO/REST AREA AT SCOREBOARD
AREA NEXT TO PRO SHOP.
*
02;1 -- ) 'I
TOTAL
Attachment B5
$26,000
$16,000
$9,500
$20,000
$3,500
$75,000
"
Attachment B6
SUPPLEMENTAL INFORMATION
* NON-RESIDENT RATE HAVE NOT INCREASED IN OVER TWO YEARS
* THIS INCREASE WILL ALLOW AMERICAN GOLF TO CONTINUE THE
REPAIRS, CAPITAL IMPROVEMENTS AND QUALITY OF MAINTENANCE
WE FEEL IS NECESSARY
* THE GOLF COURSE WAS EITHER CLOSED OR PARTIALLY OPEN FOR 26
DAYS DUE TO THE WINTER FLOODS
* THE 26 CLOSED DAYS ACCOUNTED FOR $109,000 IN LOST REVENUE
* WE HAVE SPENT $75,000 IN REPAIRS AND CAPITAL IMPROVEMENTS THIS
PAST YEAR
* OUR MAINTENANCE AND LABOR COSTS HAVE INCREASED SIGNIFICANTLY
OVER THE LAST TWO YEARS
* THIS INCREASE WILL NOT COMPENSATE FOR OUR CONTINUED IMPROVE-
MENT OF THE FACILITY BUT IT WILL ALLOW OUR RATES TO BE
COMPARABLE WITH OUR COMPETITION
* PER COUNCIL'S REQUEST, WE HAVE COLLECTED $1123 IN RESERVATION
FEES THRU AUGUST 31, 1995
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COUNCIL AGENDA STATEMENT
Item
,},3
Meeting Date 11/21/95
ITEM TITLE: San Miguel Ranch Ad Hoc Citizen's Advisory Committee
San Miguel Ranch Goals and Objectives
SUBMITTED BY: Director of Planning ;!fit
REVIEWED BY: City Manager~~ (4/5ths Vote: Yes_No--X-)
Emerald Properties, Inc., has submitted applications for a General Plan Amendment (GPA), a
General Development Plan (GDP) amendment, a Sectional Planning Area (SPA) plan, and an
Environmental Impact Report (EIR), for the San Miguel Ranch property, a 2590 acre site located
in the northeast portion of the Chula Vista planning area. A condition of the previously-approved
GDP for this property requires the formation of an ad-hoc citizen's advisory committee to
provide input into the planning process for the project. In addition, a document entitled "San
Miguel Ranch: Draft Project Goals and Objectives" has been prepared by the applicant and City
staff, and is provided for City Council consideration. The purpose of this document is to identify
the major issues to be addressed in the future planning of this project, and to state the overall
goals and objectives of the City and the applicant in this planning effort.
RECOMMENDATION:
1. Approve the attached list of nominees to serve as members of the San Miguel Ranch Ad
Hoc Citizen's Advisory Committee.
2. Appoint the at-large and Bonita resident members of the Committee if qualified interested
persons are known to the Council, or solicit applications from appropriate individuals if
no qualified persons are presently known to be interested.
3. Approve the attached proposed guidelines for the operation of the Committee.
4. Accept the attached Goals and Objectives for consideration in the future planning of this
project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
Background
On March 23, 1993, the City Council adopted Resolution 17049, approving the General
Development Plan for the San Miguel Ranch property, and approved an ordinance prezoning the
property. Subsequent to the approval of the GDP, the property ownership reverted from San
Miguel Partners to the financial institution, Banker's Trust, via the foreclosure process. Banker's
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Page 2, Item :<}
Meeting Date 11/21/95
Trust, through its subsidiary, Emerald Properties, Inc., has now filed applications for a General
Plan Amendment and an amendment to the approved General Development Plan, as well as a
Sectional Planning Area plan for the entire project site. Definitive plans for the project are still
in the formulation process; to date only preliminary planning and environmental analysis has
begun.
The City has retained a project manager, as approved in the 1995-96 Budget, to coordinate the
processing of the project. Ultimately the project will require the approval of the following:
--General Plan Amendment
--Amendment of the San Miguel Ranch General Development Plan
--Sectional Planning Area plan
--Tentative Subdivision Map(s)
--Annexation of the property to the City
--Possible deannexation of the property from certain special districts
--Environmental Impact Report assessing each of the above proposals
Staff anticipates that the processing of these applications will be completed by the end of 1996.
Citizen's Committee
In conjunction with its action on the San Miguel Ranch General Development Plan, on April 13,
1993 the City Council approved Resolution 17057, which revised Resolution 17049 relative to
the formation of a citizen's ad hoc advisory committee. The City Council required the
establishment of such a committee in order to provide a formalized citizen's input process for
review of all Sectional Planning Area plans and subsequent discretionary permits for this project.
The committee is to consist of the following members:
Representative from the Sweetwater Community Planning Group
Representative from the Sweetwater Civic Association
Representative from the Endangered Habitat League
Representative from the Sierra Club
Resident of adjacent Bonita area
Resident of adjacent Eastlake/Salt Creek area
Non-resident adjacent property owner
At-large member
The applicant has solicited nominees for each of the committee positions listed above, except for
the at-large and Bonita resident members who have yet to be chosen. Attached is a list of
individuals who have agreed to serve on the committee. Staff believes that, in addition to
approving this list of nominees, the at-large and Bonita resident members should be specifically
chosen by the Council. Should the Council not be aware of specific individuals who would be
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Page 3, Item ~
Meeting Date 11/21/95
interested in serving on this committee, staff will prepare an advertisement and/or press release
describing the purpose and duration of the committee, indicating which committee positions are
open, and inviting applications to serve. Council could then make selections from the pool of
qualified applicants at a future City Council meeting.
While Resolution 17057 requires the eight-member committee to review all SPA plans and
subsequent discretionary permits, no operational parameters for the committee were established
at that time. Neither the City Charter nor the Municipal Code spells out how such committees
should operate, so staff has prepared the attached proposed guidelines for the operation of the
committee for the Council's consideration. In addition, since the applicant has requested a
General Plan amendment and an amendment to the previously-approved General Development
Plan, it would be appropriate that these proposed amendments be added to the committee's
review responsibilities.
Resolution 17057 requires that the committee review not only the SPA plans but also subsequent
discretionary permits. Staff has interpreted this provision to be limited to tentative maps since
required design review site plans may not be submitted for a number of years following the
approval of any SPA plan or tentative map and it would be impractical to retain the committee
for such an indeterminate length of time. This limitation has been reflected in the proposed
operational guidelines.
Goals and Objectives
As part of our preliminary work on this project, the applicant and City Staff have prepared draft
Goals and Objectives for the project (see Attachment 4). This document is intended to identify
major planning issues which will need to be evaluated during the future planning of this project,
and set forth agreed upon goals and objectives for this planning effort.
The draft Goals and Objectives address four broad areas:
1) Housing 1 Community Character 1 Land Use
2) Resource Conservation
3) Community 1 Public Facilities
4) Circulation, Public Safety, and Welfare
With regard to housing, community character, and land use issues, it should be noted that the
applicant is planning to request a General Plan Amendment that would allow a greater number
of dwelling units on the Southern parcel, in exchange for eliminating development on the 1800
acre Northern parcel and placing it in an open space preserve (the previously approved plan
allowed for consideration of up to 357 dwelling units on the Northern parcel). While the
specific amount of additional development to be requested on the Southern parcel has not been
determined by the applicant, this request is expected to result in a greater variety of housing
023'3
Page 4, Item ),)
Meeting Date 11/21/95
types on the Southern parcel, but would also reduce the amount of low density "estate-type"
housing in the project, and must also be evaluated relative to adequate public services and other
planning considerations.
With regard to resource conservation issues, in addition to proposing a major open space
preserve as part of the project, the applicant will also be addressing landform alteration issues,
as well as a variety of other environmental considerations. With regard to community / public
facilities, the project will include school and park facilities, and will also need to ensure
consistency with other public facility threshold standards.
Finally, with regard to circulation and public safety issues, the future alignment of SR-125 will
have a major impact on the design of this project, since the alternative alignments currently
under consideration by CalTrans cut across the Southern parcel in different locations.
It is important to note that, while the draft Goals and Objectives are being presented to the
Council for review and acceptance as part of this report, this action in no way commits the
Council to any course of action on the project, nor are any final judgments being requested
regarding the merits of the project at this time. Staff will provide a complete analysis and
environmental review of the applicant's proposed plans prior to recommending action regarding
any General Plan Amendment or other discretionary approvals for this project.
FISCAL IMPACT:
Creation of a citizen's ad hoc committee for San Miguel Ranch will result in additional staff time
devoted to working with the committee. However, staff costs on this project are recoverable
from the applicant's deposit account, so no additional costs to the City will result.
Attachments:
I. List of potential committee members provided by applicant
2. Resolution 17057 establishing ad hoc citizen's committee
3. Proposed guidelines and duties of the committee
4. Draft Goals and Objectives for San Miguel Ranch project
5. Vicinity map--San Miguel Ranch
6. Approved San Miguel Ranch General Development Plan
(a;\citcomm2.rsm)
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SAN MIGUEL RANCH
PROJECT MEMORANDUM
From:
Bob Leiter, Director of Planning
Mark Faulkner, Project Manager fl\o/"
To:
Re:
Citizen Input Committee
Date:
October 30, 1995
The following are the potential members of the Citizen's Ad Hoc Advisory Committee for the
San Miguel Ranch project for City Council consideration as required by Chula Vista City
Council Resolution No. 17057. We understand that the at-large and Bonita resident members
will be chosen by the City Council
Sweetwater Community Planning Group
Michael Roark (426-4341)
GeorjeanJensen(479-5437), alternate
Endangered Habitat League
Michael Beck (765-1469)
Sierra Club
Craig Adams (299-1744)
Adjacent Property Owner
Jim Algert (420-7090)
Sweetwater Valley Civic Association
Ray Yrnzon (694-3163)
Eastlake/Salt Creek Resident
Steve Gillis (685-6502)
MEF/mab
cc: Garrett Thelander
Art Robertson
ATTACHMENT 1
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RESOLUTION NO. 17057
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING RESOLUTION 17049 FOR SAN MIGUEL RANCH
REGARDING CITIZEN INPUT INTO THE SAN MIGUEL RANCH SPA
PLAN AND PAYMENT OF COSTS
WHEREAS, on March 23, 1993, the City Council of the City of Chula Vista
passed and approved Resolution 17049, approving the San Miguel Ranch General
Development Plan, Certifying the Final EIR for San Miguel Ranch, and approving
the Candidate CEQA Findings, Statement of Overriding Considerations, and
Mitigation Monitorin9 Pr09ram; and,
WHEREAS, on March 23, 1993, the City Council also passed a motion adding
a conditi on of approval to Reso 1 ut ion 17049 whi ch di rects the creati on of a
citizens ad hoc committee in order to obtain more formal public input at the SPA
level in regards to the plan, with staff to return with the make-up of this
committee for council approval in one to two weeks; and,
WHEREAS, the Developer has not yet fully rei mbursed the Ci ty and its
Consultants for costs incurred in the processing of the Project;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista as follows:
Resolution 17049, is amended by deleting Condition 0.13 and
replacing it with the followin9:
13. Establish a formalized citizen input process, in conjunction with
the City Planning Department, for review of all Sectional Planning
Area (SPA) Plans and subsequent discretionary permits. This process
shall include formation of an independent ad hoc citizen's advisory
committee, cons i st i ng of one member from each of the fo 11 owi ng
groups:
Representative from Sweetwater Community Planning Group
Representative from Sweetwater Civic Association
Resident of adjacent Bonita area
Resident of adjacent EastLake/Salt Creek area
Non-resident adjacent property owner
Representative from Endangered Habitats League
At-large member
Representative from Sierra Club
Resolution 17049, is further amended by deleting section E. 7 and
replacing it with the following:
7. Notice of Determination
This action shall not become final until the Director of Finance
notifies the Environmental Review Coordinator that the Developer has
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ATTACHMENT 2
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Resolution No. 17057
Page 2
J.
fully and completely paid the City all costs incurred in the
processing of the Project for both staff and City Consultants.
Subsequent to this notification, the Coordinator is directed to file
a Notice of Determination with the County Clerk of the County of San
Diego for posting.
Presented by
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Robert A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
eol3-l )3-7
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GUIDELINES FOR THE OPERATION AND CONDUCT OF THE AD HOC CITIZEN'S
ADVISORY COMMITTEE FOR THE SAN MIGUEL RANCH PROJECT
1. The composition of the Committee shall be as indicated in Resolution 17049 dated April 13,
1993.
2. The Committee shall perform the following functions:
a. Review materials related to the proposed amendment to the City of Chula Vista
General Plan, San Miguel Ranch General Development Plan amendment, Sectional Planning
Area Plan and tentative map(s).
b. Make recommendations to the City Planning Commission and the City Council on the
proposals indicated in (a) above.
3. The Committee shall meet on an as-needed basis, meeting often enough to conclude its
deliberations in a timely manner. In no case shall the Committee's deliberations interfere with
the public hearing schedule set by the City.
4. A voting quorum of the eight-member Committee shall be five (5) members present and
eligible to vote. Five (5) affirmative votes shall be required to pass a motion.
5. Should the Committee fail to reach a majority decision, the matter shall go forward to the
Planning Commission and the City Council without a recommendation of the full Committee.
However, in any case, individual or minority opinions on the project, or components thereof,
shall be provided to the Commission and Council for their consideration as part of their public
hearing material.
6. The City Planning Department shall provide.staff assistance to the Committee and shall act
as its secretary.
ATTACHMENT :3
.2:J -9
SAN MIGUEL RANCH
DRAFT PROJECT GOALS AND OBJECTIVES
I. HOUSING/COMMUNITY CHARACTER/LAND USE
A. GOALS
Provide a balanced and diverse range of residential housing opportunities within
San Miguel Ranch. Create a built environment that takes advantage of the unique
topography and visual character of the site.
B. OBJECTIVES
1.
Consider a General Plan amendment which may result both in the
preservation of the northern parcel in a manner consistent with the
Multiple Species Conservation Plan and the reconfiguration of housing on
the southern parcel, possibly resulting in increases in the number of
dwelling units thereon.
2.
Develop land use patterns on San Miguel Ranch which provide appropriate
residential density transitions.
3.
Promote a balanced and diverse blend of residential housing types, styles
and densities which are compatible with other land uses in the surrounding
areas.
4.
Incorporate an affordable housing component based upon the City's
Housing Element and provide appropriate locations for affordable housing
with reasonable access to activity centers such as parks, schools, public
transit and shopping facilities.
5.
Design the project, to the extent feasible and applicable, with the objectives
and policies of the Land Use Distribution Element of the SANDAG
Regional Growth Management Strategy.
6.
Consider the surrounding properties in the planning effort for the project.
7.
Evaluate the feasibility of providing large estate-type lots on the site
relative to short-term and long-term market demand for such housing.
Draft Goals
and Objectives
Page 1 of 6
November 15, 1995
ATTACHMENT 4
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8. Provide lot sizes and housing types on San Miguel Ranch near and
adjacent to the neighboring communities to achieve an overall reduction
of land use friction as required by Section 6.2 of the Land Use Element
of the General Plan.
9. Utilize Mother Miguel and San Miguel Mountains as unique visual
backdrops.
10. Consider retaining Horseshoe Bend in its natural state as a project focal
point and amenity.
11. Minimize grading quantities, large exposed cut or fill areas and
manufactured slope heights utilizing grading techniques which provide
slopes with more natural-appearing configurations.
12. Revegetate manufactured slopes and graded areas with plant species which
will create a native appearance.
13. Utilize on-site features such as rock outcroppings as site amenities.
14. Minimize disruption of ridgelines.
15. Create a series of small neighborhoods within larger neighborhoods.
16. Create focal points at project entries.
17. Design and integrate parks and open space areas into the community fabric
to maximize their benefits and enhance community cohesiveness.
18. Proceed with plans for developing the property which reflect the final
alignment of SR 125 chosen by CalTrans.
II. RESOURCE CONSERVATION
A. GOAL
Contribute significantly to local, state and federal conservation efforts by
preserving, where possible, large areas that possess important biological value,
significant landforms as defined in the Chula Vista General Plan and other unique
resources. Provide for adequate conservation of water and energy supplies.
Page 2 of 6
November 15, 1995
Draft Goals
and Objectives
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III. COMMUNITY/PUBLIC FACILITIES
A. GOAL
Insure efficient and timely provision of public services and community facilities
to San Miguel Ranch consistent with City policies.
B. OBJECTIVES
1.
Provide an elementary school site within the project.
2.
Study the feasibility of co-locating a community park with recreational
amenities adjacent to the elementary school to facilitate joint use and
encourage a neighborhood setting. Also consider the feasibility of
providing a stand-alone community park.
3.
Consider providing a neighborhood park to serve the needs of residents
of the project.
4.
Phase parks in such a manner that will result in 3 acres of parkland per
every 1,000 residents.
5.
Master plan the neighborhood and community parks in a fashion which is
consistent with the Landscape Manual.
6.
Consider linking the neighborhood and community parks with a system of
recreational trails.
7.
Participate in the Eastern Chula Vista Parks and Recreation Master Plan
Study.
8.
Consider the results of a needs analysis in determining park and recreation
requirements.
9.
Satisfy the City's requirements for providing community purpose facilities
such as churches, child care facilities and private educational services and
facilities within San Miguel Ranch.
10.
Develop an appropriate component of the City's Greenbelt Master Plan and
implement said Plan on that portion which is located on the San Miguel
Draft Goals
and Objectives
Page 4 of 6
November 15, 1995
c2.J --/.2
B. OBJECTIVES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Draft Goals
and Objectives
Preserve Mother Miguel Mountain which is designated as a significant
landform under the City's General Plan.
Incorporate San Miguel Ranch into the City's greenbelt system.
Assist in the planning and development of on-site trail systems which
provide both local and regional connections in each direction.
Insure the long-term maintenance of trails and open space.
Develop a planned residential community in a manner which will
significantly contribute to ongoing regional multi-species conservation
planning efforts, such as the Multiple Species Conservation Program.
Encourage design features which promote energy and other resource
conservation efforts.
Minimize disruption of the valuable San Miguel and Mother Miguel
Mountain watersheds.
Develop a plan for fire resistive landscaping and brush management for
the transition areas between structures and native vegetation, particularly
in canyon and open space areas.
Prevent wastewater and urban runoff (as opposed to natural watershed)
from entering into the Sweetwater Reservoir.
Identify, preserve and conserve significant biological and archaeological
resources.
Provide Gtay Tarplant preserves on both the north and south parcels.
Conserve natural open spaces that are large enough to maintain their
ecological balance.
Page 3 of 6
November 15, 1995
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Ranch property.
11. Provide the necessary public utilities and services to the project area,
including drainage, water, sewage, schools, police, fIre protection, parks,
open space and recreation.
12. Minimize drainage impacts on downstream areas and provide for their
mitigation.
13. Satisfy the City's thresholds and standards for drainage, water, traffIc, air
quality, fiscal conditions, sewage, police, fire protection, emergency
medical services, schools, parks, recreation, open space and libraries as
they apply to San Miguel Ranch.
14. Prepare a Public Facilities Financing Plan (PFFP) which addresses the
phasing and financing of the public facilities identified above.
15. Create an implementation process which provides or assures public
facilities concurrent with the residential development in accordance with
City-approved PFFP schedules.
16. Identify and evaluate issues associated with the possible transfer of the
property from and between service districts and/or the City.
17. Develop a project which has an overall positive fIscal impact on the City
of Chula Vista.
IV. CIRCULATION, PUBLIC SAFETY AND WELFARE
A. GOALS
Provide a safe and efficient circulation system within the project area and the
region. Provide services benefIcial to San Miguel Ranch and the surrounding
community .
B. OBJECTIVES
1.
Consider regional and local traffic circulation needs with regard to the SR
125 transportation corridor and the surface street connection from East H
Street to San Miguel Road in the project planning process.
Page 5 of 6
November 15, 1995
Draft Goals
and Objectives
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2. Create a project circulation system that adheres to community and regional
standards.
3. Provide road widths and aligmnents which minimize conflicts between
pedestrians and automobiles.
4. Provide road widths, grades and turnarounds that meet standards set
forth in the currently adopted edition of the Uniform Fire Code and all
City Amendments.
5. Provide street patterns that are easily traversed while not appearing to be
overly engineered.
6. Design individual subdivision street systems to interconnect with adjacent
developments.
7. Construct appropriate interim on- and off-site road facilities to provide
access to the project for emergency vehicles during early phases of
development.
8. Implement design guidelines and standards to protect against excessive
noise from the future SR 125 transportation corridor.
9. Minimize impacts of project-related traffic on adjacent and nearby
communities.
10. Phase the project and required public facilities so as to minimize impacts
on adjacent and nearby communities.
II. Design parks in a manner which will provide visibility from adjacent
streets to the park for police patrols.
12. Provide access points to open space areas to accommodate emergency
operations.
(a:\goal&obj.smr)
Page 6 of 6
November 15, 1995
Draft Goals
and Objectives
.:23 -/.5
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ATTACHMENT !i
YICINIJY MAP
SAN MIGUEL RANCH
SAN MIGUEL PARTNERS
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GENERAL DEVELOPMENT PLAN
LAND USE PLAN
SAN MIGUEL RANCH
SAN MIGUEL PARTNERS
ATTACHMENT 6
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COUNCIL AGENDA STATEMENT
Item c2!;f:.
Meeting Date 11/21/95
ITEM TITLE:
Report on Otay Ranch University Site and Relationship to Multiple
Species Conservation Program and other Habitat Conservation Programs
Resolution {'i513;J..
unappropriated General
Appropriating $10,000 from the
d balance
SUBMITTED BY: Assistant City Manage
Director of Planning
REVIEWED BY: City Manager &k~\s
(4/5ths Vote: Yes..x.No-l
Dn November 14, 1995, the City Council requested that staff provide a report regarding the
status of the university site which is designated in the Dtay Ranch General Development Plan,
and the relationship of that site to the Multiple Species Conservation Program (MSCP) and other
habitat conservation programs. Staff was also requested to provide a recommendation regarding:
1) hiring a consultant to assist in monitoring the MSCP and other programs which could
affect the future use of the university site;
2) hiring a consultant to assist in lobbying efforts to promote the selection of the Dtay
Ranch university site by the University of California;
3) reestablishment of the University Task Force.
RECOMMENDATION: That the City Council:
1) appropriate $10,000 and direct staff to retain a consultant to monitor habitat conservation
programs which may affect the future use of the Dtay Ranch university site;
2) direct staff to work with the City's legislative consultant to continue legislative lobbying
efforts to promote the selection of the Dtay Ranch site by the University of California;
and
3) direct staff to work with the Mayor and Council office to reestablish the University Task
Force.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
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Page 2, Item _
Meeting Date 11/21/95
DISCUSSION:
Background
In 1989, the City of Chula Vista and the Baldwin Company submitted a proposal to the
University of California which involved the donation of 400 acres within the Otay Ranch project
for a future University of California campus (see Attachment 1). At that time, a task force was
established by the City Council to promote this site as the preferred site for the next Southern
California campus of the University of California.
In 1993, the City of Chula Vista and County of San Diego approved the Otay Ranch General
Development Plan (GDP). In the preparation of the General Development Plan, it was
recognized that the 400 acre site offered by the Baldwin Company, which is located in Salt
Creek Canyon and adjoining upland area overlooking the Lower Otay Reservoir, offered a
number of advantages as part of a university site. At the same time, it was recognized that
major portions of this site had significant physical and environmental constraints, including steep
slopes and sensitive habitats and species. Therefore, the "university site" designated in the Otay
Ranch General Development Plan was expanded to include the original 400 acre Salt Creek
Canyon area, as well as Villages 9 and 10, which are located west of Salt Creek Canyon (see
Attachment 2). The overall "university site" designated in the Otay Ranch GDP contains
approximately 1,200 acres. It should be noted that portions of this larger university site are no
longer under the control of the Baldwin Company, although the original 400 acre site is still
under Baldwin's control.
The GDP contained specific policy language regarding future development of the university site
(see Attachment 3). Specifically, it provided that "use of the area west of Wueste Road, east
of Otay Valley Road, by a campus is permitted, provided that the use of Salt Creek Canyon
(including defining slopes) is limited to trails, passive recreation, and to biological research and
educational activities in keeping with the preservation of sensitive habitat and biological species
located there. No buildings or structures shall be permitted within Salt Creek Canyon." Staff
has estimated that approximately 250 to 300 acres of the 400 acre area referenced above are
located within Salt Creek Canyon, where buildings and structures would be prohibited, while
100 to 150 acres are located in upland locations east of Salt Creek Canyon. However, it should
be recognized that portions of the upland area also contain sensitive habitats. It should also be
noted that the Otay Ranch Phase 1 Resource Management Plan includes additional policy
language which limits the use of the Salt Creek Canyon and adjoining areas which are designated
as part of the Otay Ranch Preserve.
Since the adoption of the Otay Ranch GDP in 1993, a number of habitat planning efforts have
been initiated within the region which are addressing the preservation of sensitive habitat areas.
These plans include the following:
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Page 3, Item _
Meeting Date 11/21/95
1) the Multiple Species Conservation Program (MSCP), which is being coordinated by the
City of San Diego, and is proposing establishment of a network of open space preserves
throughout the southwestern portion of San Diego County, including portions of the City
of San Diego, County of San Diego, and City of Chula Vista. Each of the participating
jurisdictions is also preparing one or more "subarea plans," which provide more detailed
land use and open space plans, and acquisition programs, for areas within that
jurisdiction.
2) the "San Diego National Wildlife Refuge," which is being proposed by the U.S. Fish and
Wildlife Service. This program includes a proposal to establish an "Otay-Sweetwater
Wildlife Refuge," which includes a significant portion of the Otay Ranch, including the
University site. USFWS officials have indicated that the primary purpose of this
proposal is to allow the Federal government to assist directly in the acquisition of
properties within this area to be part of the overall preserve system.
3) "Otay Ranch Phase 2 Resource Management Plan," which is currently being processed
by the City of Chula Vista and County of San Diego in conjunction with the City's
processing of Otay Ranch SPA One, includes a specific proposal for establishment of a
Preserve Owner Manager for the Otay Ranch Preserve (joint ownership and management
by the City and County), and also includes a conveyance plan which indicates the order
of conveyance of open space parcels into the preserve system in conjunction with the
development of the Otay Ranch villages. The fIrst parcel to be conveyed to the Preserve
Owner Manager is easterly portion of the Salt Creek Canyon parcel which is designated
as part of the university site.
City staff has made diligent efforts to ensure that the plans discussed above do not limit the
future use of the university site as set forth in the Otay Ranch GDP. For example, with regard
to the MSCP, staff forwarded comments to the City of San Diego regarding the draft MSCP plan
which requested that the policy language contained in the Otay Ranch GDP be included in the
MSCP. Similarly, staff has been monitoring the National Wildlife Refuge proposal and is
preparing an analysis of this proposal to be forwarded to City Council next month, which will
include similar recommendations to ensure that appropriate university uses are permitted on this
site. With regard to the "Otay Ranch Resource Management Program - Phase 2," staff will be
addressing the need for the fmal conveyance plan and Preserve Owner Manager "joint exercise
of powers agreement" to ensure that the subject property can be conveyed in the future to the
University of California and can be used for the university-related purposes which are permitted
under the adopted Otay Ranch GDP.
However, with the number of habitat planning and acquisition programs which are currently
being developed by outside agencies that could directly affect the utilization of this site for
university uses, the City Council may wish to direct staff to hire a consultant to monitor these
various planning programs, to ensure that opportunities for university-related uses are not
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Page 4, Item _
Meeting Date 11/21/95
eliminated, and that the future ownership of these properties is not conveyed in a manner that
would preclude such future uses. Staff is aware of consulting biologists with specific expertise
and knowledge regarding these programs who could provide this type of service. If Council
would like staff to pursue this option, it is recommended that Council appropriate $10,000 from
the unappropriated General Fund balance for this purpose, and staff will prepare a specific work
program for this work effort and select a qualified consultant in accordance with adopted City
Council policy regarding consultant selection.
With regard to hiring a consultant to pursue lobbying efforts toward selection of the Otay Ranch
site by the University of California, the City has in past years utilized its legislative consultant,
Advocation, Inc., to lobby various issues surrounding this proposal. It is recommended that this
approach be continued, with City staff working closely with Advocation to define the most
productive approaches for the coming year. Advocation personnel will be presenting a mid-
session report to Council at the December 12 meeting, at which time Council will have the
opportunity to discuss lobbying priorities in more detail.
Finally, with regard to reactivating the University Task Force, if Council so directs, staff will
provide the Mayor and Council office with a listing of the previous membership list of the Task
Force, so that previous members can be contacted to determine their interest in participating
again on the Task Force, and new members can be selected as necessary. The City Manager's
office would again be willing to provide staff support to the Task Force.
FISCAL IMPACT: Proposed consulting services relative to monitoring habitat planning
programs are estimated to cost approximately $10,000, to be allocated from the unappropriated
General Fund balance. Consulting services relative to lobbying efforts would be covered by
existing contracts at no additional cost. Staff support to the University Task Force would be
provided by existing staff at no additional cost.
Attachments:
1) Joint Proposal of City of Chula Vista and Baldwin Vista Associates regarding University of California site,
dated October 10, 1989.
2) Otay Ranch General Development Plan Map (University Site identification).
3) Otay Ranch General Development Plan text excerpt, addressing "university site"designation.
(F8\univ.AIl)
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RESOLUTION NO. /'15-/3';"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $10,000 FROM
UNAPPROPRIATED GENERAL FUND BALANCE
WHEREAS, on November 14, 1995, the City Council requested
that staff provide a report regarding the status of the university
site which is designated in the Otay Ranch General Development
Plan, and the relationship of that site to the Multiple Species
Conservation Program (MSCP) and other habitat conservation
programs; and
WHEREAS, staff was requested to provide a recommendation
regarding (1) hiring a consultant to assist in monitoring the MSCP
and other programs which could affect the future use of the
university site; (2) hiring a consultant to assist in lobbying
efforts to promote the selection of the Otay Ranch university site
by the University of California and (3) reestablishment of the
University Task Force.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby appropriate $10,000 from the
unappropriated balance of the General Fund into Account
BE IT FURTHER RESOLVED that staff is hereby directed to
retain a consultant to monitor habitat conservation programs which
may affect the future use of the Otay Ranch university site.
c: \rs\uccv
Presented by
Robert A. Leiter, Director of
Planning
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ATTACHMENT 1
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CITY OF
CHUlA VISTA
ATTACHMENT 1
<_~FFICE OF THE MAYOR
'..,.,REGORY R COX
.
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October 10. 1989
Ronald W. Brady
Senior Vice President Administration
Office of the President
University of California
300 Lakeside Drive
22nd Floor
Oakland, CA 94612
Dear Mr. Brady:
Please find enclosed the City of Chula Vista's proposal for consideration
as a site for a University of California campus. Our proposal is submitted
jointly with the Baldwin Vista Company. a major landowner within the City's
planning area. This joint proposal responds to the site methodology and
evaluation criteria developed by Bechtel Civil. Inc.. SRI International.
and TAC. I believe you will find in the attached proposal the necessary
site characteristics, transportation and infrastructural requirements. public
and political support, demographics, housing. and site appeal and availability
you need to include the Otay Ranch site in the next stage of the site selection
process.
In addition to submitting our proposal, the purpose of this letter is to
introduce you to the City of Chula Vista and make you aware of our commitment
to the placement of a University of California campus in our community.
It is our hope that you will find that Chula Vista offers a cross section
of resources and amenities that makes it an attractive and viable site for
a new University of California campus.
The City of Chula Vista has a population of approximately 130.000. making
it the second largest city in San Diego County and the 22nd largest city
in California. We have a reputation as a progressive community with sound
political leadership. a conscientious administration. and an innovative
approach to problem-solving. The force behind this reputation has been
our commitment to enhance the quality of life associated with Chula Vista.
In concert with this commitment. Chula Vista has recently made a number
of long range decisions to help protect and plan for its future. These
include:
.
A general plan update adopted on July 11. 1989. which includes
plan use designations for a major four-year university;
The United States Olympic Committee's announcement that the nation's
first all-weather training center will be located on a 154 acre
site in Chula Vista;
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276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 920101(619) 691-5044
University of California
-2-
October 10, 1989
Planning for a major destination resort on our Bayfront;
The development of a Nature Interpretive Center, which offers
a rare look into the natural history and ecology of the California
wetlands and which is located in the Sweetwater Marsh National
Wildlife Refuge; and
The development of growth management thresh01~s, recently recognized
by the League of California Cities as an exemplary effort in good
planning, which ensures and provides for the necessary infrastructure
and quality of life for future development within the City of
Chula Vista.
-"""\
As I noted earlier, we have a very able partner in our plan to site a University
of California campus in Chula Vista. Last December, one of the largest
vacant land purchases in California history was accompl ished by the Baldwin
Company of Irvine, California, resulting in the acquisition of approximately
23,000 acres located immediately adjacent to the City of Chula Vista. The
City of Chula Vista, the County of San Diego, and the Baldwin Company are
currently involved in an extremely innovative and unique joint planning
process for the entire Baldwin ownership. This is a further example of
the creative problem-solving that has become synonymous with Chula Vista.
The Otay Ranch site represents a development opportunity which can easily
comply with the siting and infrastructure requirements established for the
construction of the new university campus. The Baldwin Company is committed
to working with both the City of Chula Vista and San Diego County and has
reserved a site in excess of 400 acres. We look forward to working with -"""\
University of California representatives to make this University of California
campus a reality.
The challenges created by the location of a University of California campus
offers an enticing opportunity to provide all Southern California residents,
as well as the residents of Chula Vista and San Diego County, with expanded
educational opportunities. A university site would be a logical extension
to Southwestern Community College's 15,OOO-student population, as well
'as blend in with Chula Vista's efforts to enhance the quality of life of
its residents.
I would appreciate a future meeting with you or your representatives to
discuss Chula Vista's proposal. I think our proposal offers a well-rounded
package which can more than meet the criteria and timing established by
your consultants. The City of Chula Vista and the Baldwin Company look
forward to providing you with additional background or information as you
deem necessary. The City of Chula Vista is committed to working with the
Board of Regents in making this University campus at Chula Vista a reality.
Thank you in advance for your consideration of our proposal.'
Respectfully,
Gregory R. Cox
Mayor
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CITY OF CHULA VISTA
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The Baldwin Company
Craftsmanship in building since /956
October 6, 1989
Mr. Ronald W. Brady
Senior Vice President Administration
UNIVERSITY OF CALIFORNIA
Office of the President
300 Lakeside Drive. 22nd Floor
Oakland, CA 94612
Dear Mr. Brady:
It is with great pleasure that The Baldwin Company submits this proposal
for the siting of a University of California campus. Our proposal is
submitted jointly with the City of Chula Vista.
The Baldwin Company is currently processing entitlements for the
development of a new community on approximately 22,000 acres located in
the southerly portion of San Diego County. As part of the land use plan
for this new community (known as the Otay Ranch), we are proposing a 400-
acre site for a university campus. For the reasons outlined in the
enclosed materials, and as briefly summarized below, we believe that this
400-acre site would be ideal for a future University of California
campus.
As shown on the enclosed vicinity map, the university site is located in
the heart of the 22,OOO-acre Otay Ranch, just 12 miles from the San Diego
Central Business District (population 1.5 million) and 3 miles from the
Chula Vista Central Business District (population 139,400). While the
population of Southern California is projected to "boom" in the future,
the population projections for Chula Vista and the southern part of San
Diego County -- i.e., the area surrounding the proposed university site-
- are expected to increase even more rapidly. Chula Vista is projected
for a 29 percent increase and southern San Diego County is projected to
increase over 25 percent during the next 20 years (see Table 1).
From a purely aesthetic standpoint the site is ideal. Its ridge-top
locale offers views to the west, of Salt Creek; to the south, of the Otay
River Valley, which is being planned as a regional park; to the north, of
the country's first year-round olympic training center; and to the east,
the waters of Otay Lake.
Given that the proposed site and all of its surrounding 22,000 acres is
undeveloped and under a single ownership, it provides an excellent
opportunity for the University of California to ensure that its academic
environment is surrounded by compatible uses. Indeed, the site is
currently proposed to be surrounded by open space; with housing,
commercial areas, a corporate office complex and a regional mall all
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11995 EI Camino Real' Suite 102 . San Diego, CA 92130 . (619) 259-2900
(
Mr. Ronald W. Brady
October 6, 1989
page 2
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located within one mile. Moreover, we anticipate that a mutually
beneficial relationship will develop between the university campus and
the O.S. Olympic Training Center immediately to the north.
Among other items, the site's proximity
demographics of the area, the availability of
and the area's cultural amenities are all
materials. We hope you will agree that all of
create an excellent setting for a University of
to transportation, the
necessary infrastructure,
described in the enclosed
these factors combine to
California campus.
Should you have any questions or concerns, please do not hesitate to give
us a call. We are more than willing to assist you in any way Possible.
Smith
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Otar Rancb offers unique characteri.tics that make it especially vell-
suited as the site of a nev campus of the University of California.
These include:
o Wholly undeveloped land under a .ingle ownership vithquick and
easy availability.
o Hiles of open, scenic land in virtually all directions.
o An enthusiastic acceptability to the local community and the
opportunity to participate in a transnational and multi-ethnic
locality.
o The opportunity to be an integral part of a nev urban center
being planned from scra~ch and to h~ve campus requirements.
o Excellent existing (and even better currently planned)
transportation, inclUding a distance of 12 millS to Lindbergh
Field.
o Proximity via freeway to metropolitan San Diego and Hexico.
o Planned adjOining development of California's major new Olympic
Training Facility, a potentially rich resource for the campus.
o Absence of significant geological or enyironmental hazards or
industrial or commercial incompatibilities.
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'l'ransDortaUon
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o The proposed university site is located approximately 12 miles from
Lindbergh Field which is a full service commercial airport served by
all major airlines.
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o The campus site is located five miles from Interstate 805, five miles
from SR 54 and seven miles from SR 94. SR 125, a proposed eight lane
facility, is expected to be completed over the next five to fifteen
years. This facili,y would have capacity for the university. It
would be located within two miles of the university.
(
o Access to the site would be via several major arterials in accordance
with the Chula Vista General Plan. Telegraph Canyon Road currently
is being widened to six lanes, while Orange Avenue and Hunte Parkway
(each six lanes). will be extended in two to five years as
development proceeds. (see Figure 1)
o Traffic capacity is expected to be adequate. The newly adopted Chula
Vista General Plan already includes a site for higher education. and
has accordingly provided for streets and public transportation.
Planning underway for Otay Ranch also includes a university site.
Proposed roads have been sized accordingly. Studies are available
upon request. - -
o There is an existing transit system in the area that coordinates the
San Diego Trolley with local bus service. Buses serve the entire
Chula Vista area with discounts given to students. Trolley
expansions are underway. One new route currently being considered is
an east-west connection through Chula Vista from Interstate 5 to
Interstate 805. This line could later be extended east towards the
uni versity.
"""'\
DemoaraDhics
o The proposed site is located in the south central portion of the San
Diego Metropolitan area which has a population of .roughly 2.4 million
people. Over the next 20 years, population in San Diego County is
projected to grow by 13.3\ to 3.2 million people.
Chula Vista and the southern part of San Diego County will absorb
much of this growth. increasing by apprOXimately 29\ and 25\
respectively. This is illustrated in more detail in Table 1.
A new university on this site would be located only 12 miles from the
San Diego Central Business District (popUlation 1.5 million) and
three miles from the Chula Vista CBD (population 139,400).
(
o There is an abundant supply of labor for construction of the campus
within a reasonable distance. San Diego County has a large
construction industry component due to the pace of residential and
non-residential development CountYWide. In the South Suburban Major-
Statistical Area (which includes Chula Vil~a) there were 53,000
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employees in 1986. Of that total 37,800 reside in Chula Vista.
Emplorment growth is forecast as follows:
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1986 53,000 Emplorment
2010 112,900
, Change 113.0
~ource: SAHDAG Series 7, K~ional Growth Porecasts, 1986-2010.
About 4' are employed in the construction industry locally.
o Emplorment opportunities are .-ny and varied. Growth in emplorment
opportunities are expected to occur at an explosive rate of 113' as
described above. Sen Diego's central business district is only 12
miles from the university. the Otay Hesa industrial area is
immediately-south. thi. 4,000 acre industrial area on the Hexicen
border i. rapidly emerging as one of the fastelt growing "twin plant"
areas in the nation.
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o the City's General Plan. 1989. include. a puhlic facilities element
which addres.es all of. the needed infrastructure to serve the
community at buildout. the lend use ell!lllellt include. end hili taken
into consideration a propo.ed univer.ity site. All of the
infrastructure has been coordinated with the various utility
providers.
"""\
o Solid waste disposal is Ivailable. the San Diego County Otay Valley
Sanitary Landfill is located within the City of Chula Vi.ta in the
Eastern Territories. 1 recycling program is included in the Otay
Kanch plans.
o The City hili sewer capacity to .erve the full campus at buildout as
well as other projected community growth. !he City has a current
flow of 12.0 mqd (million gallons per day) of flow to the San Diego
Hetro Sewer System and 19.1 m;d of contract capacity rights. A water
reclamation plant will be constructed with the Otay Kanch project.
Again. faCility .izing includel the university. thi. assures long
term availability of lewer capacity.
o Planning underway for Otay lanch considers the need for all
infrastructure, service. and utilities. Again, sizing is heing done
with a university as one of the proposed land uses.
Hlludll.q
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o there i. a variety of affordable hOUSing options within a reasonable
proximity of the site. the City of Chula Vista has over 50,000
dwelling units of all types end price range.. there is a commitment
to affordable hOUSing in the City's housing element and 10' of the
units in major projects are required to meet low and moderate income
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criteria. Since 1985, about 18,000 new dwellin, units have been
proposed. lpprozimatelr 8,000 of that total have tentative approval
or are UDder cODatruction.
o MUltiple-residential rental UDita at all levels of affordabilitr
elist within a 5-10 mile di.tance from the .ite. Such units are
plaDDed within 1/2 mile .. part of the Otar Ranch CDmmunitr. The
Citr's nev General Plan includes the followin, objectives:
.
Provide for the development of multiple-familr housin, in
appropriate areas convenient to public facilities and services
and circulation.
IDcoura,e pllDDed developments, with a coordinated miz of urbu
uses, open spaces and &meniti...
Siz major pllDDed communities are bein, CODatructed in thl vicinitr
of the proposed universitr aite. All have a multiple familr
component. Within the elistin, Citr, there are over 20,500 multiple
familr dwelling units.
a.ol09ie. lail. ~o~c~r.8hy .ft~ eCBfiauratioft 81 lit.
o Ho Alquist-Priolo Special Studr Zonl, active or potentiallr active
faults elist on the site.
o !he proposed universitr site is located approzimatelr 22 miles from a
known active fault, the Su Miguel-Vallecitos Pault, located in Baja
California. The Rose Canron Pault is located approlimatelr 12 miles
west of proposed site. It is classified .. either active or
potentiallr active br various atudi...
o !he sHe is ,enera11r composed of relativelr uniform flat aedimentarr
deposits of the Rosarito Beach Pormation. Soila are ailtr and cla,er
with some sandr and ;ravelr areas. Clarer aoila .ere ,enerallr onlr
sli;htlr to moderatelr elpansive. Ezistin; atudils indicate a broad
varietr of .tructures includin, large multi-.torr commercial
bUildings can be built usin, standard ,radin, and cODatruction
purposes. Blastin; and lar,e areas of remedial ,radin; are not
anticipated. 1 geologic recoDDaisaance baa been completed.
o The proposed .ite is ,enerallr free of pattema that mi,ht indicate
.lippa;e or subsidence. Some small are.. occur that could be larth
or debris slide.. The.e are ,enerallr as.ociated with Iro.ion and
cu be lasilr hudled durin, normal ,radin, oplratiODl.
o The projlct .ite i. located veil avar from anr flood halards, above
Salt Creek and the Otar River Valler. It ia Dot located vithiD anr
PEMA flood halard areas. The proposed campus ia Will drainld. Run-
off from a campus could easilr be accommodated br the adjacent
drainage couru. and proper deaip of atorm draiDa. lI1;h ,round
vater tables do Dot elist. !hl aite ia Dot aubject to flash floods.
A drainage .tudr is available.
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o Site configuration is quite suitable for a university. It is located
on a ridge above Salt Creek and Otay Lake. loughly 70-75' of the
site possesses slopes under 30'. The moderately rolling terrain
could easily be graded to accommodate university facilities while
maintaining fabulous views. This can be demonstrated if so
requested.
8ite Availability
o The proposed .ite meets the criteri. for a high density location.
The surrounding area generally has 3,000-5,000 people per square
mile. The 400 acre property would be more than adequate in size for
a high density university and could allow for additional support uses
(hOUSing, offices, etc.) open Ipace and recreational facilities.
Additional adjacent land could be made available depending upon the
needs of the university.
o The proposed 400 acre site is generally free of easements. Only the
easement for the California Aqueduct (80 feet) and a second for a
City of San Diego water pipe line {100 feet) cross the site. This
second easement is located in the southerly portion of the site and
could be relocated if necessary.
o The property is owned by Baldwin Vista Associates, Ltd. Ownership
can be easily transferred and insured. There is no need to deal with
multiple owners.
o 10 residences or business exist on the project site. There would be
no relocation obligations.
o Public access would be provided by the previously described roads. .
o Southern California is known for its temperate, attractive climate.
Chula Vista's average temperature ranges from 65 degrees in the
winter to 75 degrees in the summer.
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o A reconnaissance for toxic and hazardous substances has already been
done. This study indicates the university site and surrounding areas
are free of known toxic or hazardous substances.
o Several small archaeology litel are known to elilt in the very
southern portion of the site along Otay liver Valley. These are
generally considered to be minor or insignificant and consist of
flake scatters and historic structure remnants. All would be
addressed in the manner recommended by the archaeologist.
o The site is not, nor is it expected to be, subject to excessive
noise, odor or nearby heavy industrial or mining use. The site
location within a large ownership and within a new planned community
a.sures that potential incompatibilities will not occur.
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o Several public groups have ezpressed support of the proposed campus.
These are included as an attachment. Additional ezpressions of
support and petitions will be obtained IS the .ite selection process
continues. Several organizations and districts (including school
districts) have indicated they will provide .upport upon request.
o The management of growth is a major topic of concern in many Southern
California communities. Many different methods have been tried
throughout the region with varying degrees of .uccess. Chula Vista
is already handling this controversial subject through the adoption
of quality of life thresholds. These mandate the provision of a
broad range of facilities and services when certain thresholds are
reached. The League of California Cities recently recognized this
program as an ezemplary approach to growth management.
In addition. the City of Chula Vista's General Plan encourages growth
that emphasizes quality of design and provision of general public
benefits. A Growth Management Element i. being prepared for
inclusion in the General Plan.
rinally, the Otay Ranch Planned Community will be guided by it. own
.pecific growth management plan. It will recognile the many benefits
of growth and include measure. to avoid and control the deleterious
effects. A university would prosper in .uch an environment and be
assured that the quality of life would be maintained over a long
period of time.
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The 400 acre .ite i. located in the heart
Ranch. The ridge-top locale offers views to
and the gently rolling fields of Otay Ranch.
of the 22,000 acre Otay
the west of Salt Creek
In the future, this
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view will be over the Dew planned community of Otay Ranch. '0 the
south, the university would overlook Otay River Valley vhich viiI be
a Dew regioDal park for the enjorment of all county resideDts. Otay
Lake lies immediately to the east and the Dew Olrmpic 'raiDing Center
would bound the university on the Dorth.
The natural beauty of this SoutherD California .ite makes it a prime
10catioD for any educational institutioD.
o BaldwiD Vista Associates, OWDers of Otay Ranch, ;Ad the City of Chula
Vista are committed to land uses compatible with an academic
environment. The university .ite .haI been chosen to ensure the
proper academic environmeDt i. maintained. 'he site is surrounded by
open space with only the olrmpic Training Center located immediately
nearby. This eliminates incompatible uses. 111 kinds of hOUSing,
commercial areas, a corporate office complex and regional mall will
be located withiD a mile eliminatiDg the need for long commutes to
employment and service areas. 1 regional greenbelt with pedestrian
and bicycle paths will connect the university to and integrate it
with the rest of the community. Major roads and quick access to a
regional freevay will place major areas of San Diego County and
Mexico within a one-half hour drive.
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IDclusion of the university in a complete Dew community allows the
necessary infrastructure to be properly planned and sized. Streets,
water and sewer facilities, and utilities can all be sized and phased
to assure their adequacy and availability, eliminating the need for
costly and controversial retrofittiDg. In addition, many
opportunities would exist to coordinate gradiDg and faCility
construction resulting in additional savings.
The new university would be an integral part of a new community.
Rarely does the opportunity present itself for an institution like a
university to actually be planned into a community. The benefits can
be maximized to everyone's advantage. while the potential
disadvantages can be eliminated. The Otay Ranch community plan
documents would guide and provide control over surrounding land uses
for the foreseeable future.
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o 1 broad variety of cultural amenities are available within 15 miles
of the proposed site. Thesl include, but are not limited to, the
many museums and art galleries of Balboa Park, Symphony Ball, San
Diego Civic Center, librarie. and the Old Globe Theater.
o Recreational facilities available within 15 miles include all water
sports on San Diego Bay, Jack Murphy Stadium - home of the Chargers
and Padres, Balboa Park, Sea World, and San Diego Zoo. The Otay
River Valley will be a regional park with large .tretches of active
and passive areas. It will extend from San Diego Barbor to otay
Lake. The regional park il allo an integral part of Chula Vista's 28
mile greenbelt that extends through the city. It is immediately
adjacent to the proposed site. 1 .econd regional park in the eastern
portion of Otay Ranch will provide a different type of recreational
experience by including campgrounds, picnic areas, hiking trails and
horseback riding. .
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In addition, the full complement of neighborhood and community park.
will be in~luded a. part of otay lanch. !he.e will provide the more
traditional range of facilities .uch a. playing fields and
playgrounds. !hey may al.o include apecial facilities and programs
.uch a. Junior OIJmPic programs.
!he Chula Vi.ta General Plan and otay lanch Plan both provide a
complete range of commercial and office opportunities in the general
area immediately we.t of the university aite. !heae include
neighborhoodcenterl, larger Ipecialty centerl, regional mall, mized
use office area. and destination office park. load. are properly
located and aized to a.sure quict acce.. to all use.. 1 major
greenbelt spine with bite and pede.trian paths will eltend through
the adjacent area to the university, providing ample opportunities
for alternative transportation modes.
the university aite is only minutes from two major medical
facilities. Chula Vista Community lospital, a full lervice faCility,
is located within 4 1/2 miles of.the propo.ed site. It is part of
the highly respected Sharp lealth Care Iy.tem that lerve. all of San
Diego County. this hospital anchors a large medical complel that
also includes the Birch-Patrick Convalescent faCility and Vista Hill
lospital, a highly reputable p.ychiatric and lub.tance abuse
treatment center.
o
Scripps Hospital i. located only minute. away in downtown Chula
Vista. this faCility includes a full-.ervice ho.pital, medical
offices and immediate care clinic. It i. part of the highly
respected, eltensive network of Scripps facilities that .erve the
entire San Diego area.
Oniversity Hospital (a DC affiliate), Children'. Ho.pital, the
renowned Scripps Clinic and Salk Institute are located within a 30
minute drive.
o the university site and adjacent land are located in the Sweetwater
Onion High School District and Chula Vilta Elementary School
District. Both are well respected and have received national and
.tate recognition.
the Sweetwater Onion ligh School Di.trict has twice received national
recognition for the Di.tinguished School of the tear. It ha. also
received .tate award. in recognition for their outltanding programs
and faculty.
Chula Vilta Elementary School District hal received many Itate awards
and grantl for it. outstanding magnet .chool. with programs inclUding
perfOrming arts, multi-cultural atudie. and language Ikill.. It has
been awarded $3.5 million in grant. for the 88-89 achool year. !h.
Di.trict ha. worked clo.ely with the community in developing programs
for community needs. Some of thes. include before and after school
programs, learning di.abled programs, computer programs, and programs
for the gifted and talented.
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o 10 major ..noise generators .sist on or near the proposed university,
nor will such uses be allowed in the future. rhe location adjacent
to the Olympic !raining Center, Otay Lake, and a major greenbelt
assure noise levels will remain low.
o Southwestern Community College is located within 10 minutes of the
university site.
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CnamDer of Commerce
...CICNOWt-II:IJOINO THII: SUPPORT POR ... "..."OR
UNIVII:RIUTY IN CHUt.A VIST.... C...t-IPORNI'"
wn~. . ... eltl... ., ChIli '1.1 ............t .... fMt
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IKIIt.. 'l"Mnf:rnD~ . J. IDa CIII. PneJdIDt of the OIula '.Itl
O'...r of ea..rce. .. Mrtbr npr_ .....t to CltMlap . plan to
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BOARD OF DIRECTORS
OFFICERS
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Aug-ust 16, 1989
Eduardo Ma"chaca
vlel......ulDl~T
Guadalupe Vill."ue~1
"'IASUAEJt
Chancellor
University of California
Dr. Gilberto AnZaldua
II.OfFIC.IO
Dear Chancellor:
Ann Ruiz
'...LoI....IH'."IAN
The Southbay community is in the process of dramatic
growth. Recently, active community development leaders
have formed a Community Development Council to identify
the natural assets and liabilities. After clearly defining-
each asset and liability a plan is being- constructed to
best utilize the assets and minimize the negative.
To date the greatest resource common to the South County
communities is people. The bay fronts of National City,
Chula Vista and Imperial Beach offer pleasant entertain-
ment potential and San Ysidro's proximity to the Mexican
where people of all backgrounds and expertise are beginning-
to settle provide a solid foundation for a g-reat future
economic development.
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Paul Clark
ExECUTIVE OIJtlCTOA
( ,",che Smith
"."y
DIRECTORS
R obert ColVin
Olck Dubuque
D.I'I RillO"
AhCl1 Lun.
Ooug Perry
Dorl' Radlch'l
Norbal Raen.
.111m, Sal&ZI'
Barry Simoni
Terry T rujdlO
Ellia Zilftiga
It is therefore quite natural that a facility of hig-her
learning- be located in this area. . With all of the
positive revitalization going- on we welcome an extension
of the university to complement future job development.
In short, we wholeheartedly support this project within
the Southbay community.
Yours truly,
;/. 6~
Ton~Gom~, President
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P.O sox 3100 SAN YSIDIIO. CAtlFOIINIA 92073 . PHONE (619) 428.1281
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ATTACHMENT 2
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ATTACHMENT 3
0tDy Ranch GDP/SRP D Part 11
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4. Vntuerslt&t.
The UnlYerslty of CalIfornia Regents have expressed their IntenUon
to construct three new UntverBity of California campuses over the
next 20 years. one of which will be sited In Southern CalIfornia.
On October 6. 1989. The BaIdwI.n Company and the City of Chula
Vista JOintly submitted a proposal to the UDlversity of CalIfornia
Board of Regents to locate a new UDiVersity campus on Otay
Ranch. The proposal tdenUfted a site nelll Wueste Road
overlookIDg Otay Lakes and adjacent to the United States Olympic
TPlnlng Center. Durtng 1992. the City of Chula V18ta and San
Diego City Counc1ls and the County Board of Supervtsors approved
resolutions supporttng the Wueste Road locat1on for a untverBlty.
subject to several conditions; notably. that an environmental
process be completed assurtDg the tdent1ftcatlon and protection of
stgntflcant resources.
The GDP/SRP Land Use Map deltDeates the location for a
untversity campus In the areas within V1llage 9. V1llage 10 and
west of Wueste Road. It 18 the intent of this GDP /SRP to reserve
the land so destgDated for a university for a period of time
dependent upon phased development as set forth III the Untversity
policies below. after wb1ch other uses. as described herein. may be
developed on that land.
UnIversity PoUcfes
lJ The area indicated on the GDP/SRP Land Use Map as the
Untverslty Site has a primary land use designation as a
uDlverslty site. At any time. this area may be developed for a
uDlversity campus and anc1llary uses such as campus-related
commercial. resldentlal and research and development support
services. However. use of the area west ofWueste Road. east of
Otay Valley Road. by a csmpus is permitted. provided that the
use of Salt Creek Canyon (Including deflD1ng slopes) Is 1ID1ited
to tralls. passtve recreation. and to biological research and
educational acttvtties III keeptDg with the preservation of
sensittve habitat and biological specIes located there. No
buUdtngs or structures &hall be permitted within Salt Creek
Canyon. .
lJ The University Site also bas secondary land use destgnations;
the land within V1llages 9 and 10 has secondary land use
designations for village purposes as described in Part II.
Chapter 1. Sections F9 and no. and the area west of Wueste
Road. east of Otay Valley Road. bas a secondBIY desllV"Uon as
open space. This area msy be developed for untversity
purposes at any time. This area may be developed for said
secondary land uses only after the development of "Western
Phases I. II and UI.' as idenUfted in the Otay Ranch Phasing
Plan. has been completed. CompleUon of such development for
purposes of this requirement shall be deemed to be the
Issuance of building permtls for 75% of the res1dentlal units in
Phase I through 111. .
October 28. 1993
Page III
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Otau Ranch ODP/SRP D Part 11
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C The processing of untverstty development plan shall Include an
analysis of compaUbll1ty With adjacent vtIIages. confonnance
With all public facil1ty plans. mcludlng parka. and consistency
With the RMP.
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
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Resolution Approving Cash Advances from the Trunk
Sewer Capital Reserve Fund to Various Redevelopment Agency
Funds and from the Equipment Replacement Fund to the Central
Garage Fund
Item J.tf
Meeting Date 1Qj..m9
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REVIEWED BY:
Director of Finance ~
City Manager ~
(4/Sths Vote: Yes _No~1
SUBMITTED BY:
BACKGROUND: Over the last few years, while the City's all Funds balance has
been substantial, the available cash in certain City/Agency Funds has been
depleted beyond a zero balance. This, in effect, is an unrecorded, interest-free
loan against all other City/Agency Funds. In addition, Funds with positive cash
balances are earning less interest revenue than warranted due to this practice. As
of September 25, 1995, there were twenty-two different Funds with deficit cash
balances totaling approximately $5.7 million. It is rpcommended that we move
towards returning all Funds to a positive cash balance as soon as practical and
implementing strict controls to not allow any transaction against any cash account
which would reduce it below zero.
RECOMMENDATION: That the Council approve the resolution authorizing cash
advances to various Agency Project Area Funds from the Trunk Sewer Capital
Reserve Fund in an amount not to exceed $3,550,000, and a cash advance to the
Central Garage Fund from the Equipment Replacement Fund in an amount not to
exceed $550,000, all to be repaid with interest as soon as possible.
BOARDS/COMMISSIONS RECOMMENDATION:
Not applicable.
DISCUSSION: The City Attorney issued his opinion dated November 1, 1994,
(copy attached), indicating that loaning temporarily excess cash in the Sewer
Funds to other Funds is legal and appropriate as long as, among other conditions,
the Fund providing the loan receives interest in return.
Over the last few years the available cash in several City/Agency Funds has been
depleted beyond a zero balance. This in effect is an unrecorded, interest-free loan
against other City/Agency Funds and causes financial reports of those Funds to be
inaccurate and misleading. Other City/Agency Funds are also earning less interest
revenue than t'.'Jrranted due to this treatment.
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The most significant cash deficits currently exist in the following funds:
RDA-Town Centre II . . . . . . . . . . . . . . . . . . . . . .. ($1,431,983)
RDA-Southwest . . . . . . . . . . . . . . . . . . . . . . . . ($ 628,419)
RDA-Bayfront/Town Ctr I ....................... ($1,366,801)
Library Construction Fund ....................... ($ 607,158)
Central Garage Fund ........................... ($ 487,506)
Redevelooment Aaencv Funds
Due to the magnitude of the cash deficits in the Agency Funds, the issue can only
be resolved in the near term through a cash advance from another Fund, such as
the Trunk Sewer Capital Reserve Fund. Currently, the Trunk Sewer Capital
Reserve Fund has the largest cash balance of any City Fund at $14,330,531. If
there continues to be a concerted effort to reduce the deficit through land sales
and to curtail deficit spending in the Agency, the situation should correct itself and
allow the advance to be repaid with interest over only a few years or less.
Since the primary source of revenue for these Agency Funds is property tax, and
this revenue is received only in three or four lump sums during the year, it is
necessary to borrow more than the deficit amounts listed above in order to cover
scheduled expenditures until the next significant cash receipts are anticipated in
December. Taking this into consideration, as well as the imminent receipt of cash
from the sale of the EI Dorado Building, it is recommended that the advances be
approved for the following maximum amounts to be repaid with interest applied at
the rate earned by the City Investment Pool:
Town Centre II
Southwest
Bayfront/Town Centre I
TOTAL
. . . . . . . . . . . . . . . . . . . . . . .. $1,700,000
. . . . . . . . . . . . . . . . . . . . . . . . . $ 850,000
. . . . . . . . . . . . . . . . . . . . . . .. $1.000.000
. . . . . . . . . . . . . . . . . . . . . . .. $3,550,000
The Finance Department will monitor the cash situation in the Agency Funds and
only transfer the minimum amount of cash necessary to maintain a zero balance in
order to minimize the interest expense to the Agency. In this sense, the
transactions will be handled similar to a line of credit.
As previously indicated, the Trunk Sewer Capital Reserve Fund has a cash balance
of $14,330,531, the largest in the City. The balance in this fund is expected to
grow to in excess of $16 million by the end of this fiscal year. The Trunk Sewer
Capital Reserve Fund includes all revenue derived from connection fees charged to
developers for permits to develop or modify use of any property which is projected
by the City Engineer to increase the volume of flow into the City sewer system.
For several years, the City has been charging $2,000 per EDU, primarily to provide
money necessary to fund the anticipated Metro Sewer Upgrade. Another example
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Meeting Date 10/17/95
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of a major project that may be required is the Otay Valley Line between the
location of the proposed Otay Valley Water Reclamation Plant and the Metro Sewer
Trunk near the 1-5 freeway, which could cost in the neighborhood of $10 million.
While we do not yet know the total cost of the Metro Sewer Upgrade, it is
expected that the costs for the Upgrade and other sewer infrastructure needs will
greatly escalate over the next few years, drawing down the existing reserves.
Since most of the projected infrastructure needs are still some years off, and the
current cash balance in the Trunk Sewer Capital Reserve Fund is so large, the
proposed advances to the Agency are not expected to have any negative impact
on the City's ability to fund sewer needs over the next few years.
Librarv Construction Fund
The Library Construction Fund, which is funded through a reimbursement grant
from the State, and the miscellaneous grant Funds will self-correct as the
anticipated reimbursements from the Grantor Agencies materialize. In the case of
most grants, the local governmental entity is expected to front the money for the
grant activity in exchange for the promise of reimbursement from the Grantor
Agency. The reimbursement rarely, if ever, includes interest on the funds
advanced by the local government. In the future, it is recommended that grants be
specifically advance funded by an ongoing City Fund such as the General Fund.
Any such arrangements will necessarily be included in recommendations to Council
at the time the grant-funded project is approved.
Central Garaae
The Central Garage is accounted for as an Internal Service Fund and as such,
expected to recover all costs through charges to other City Funds, primarily the
General Fund. Since the 1970's, when this activity was organized in this fashion,
it has incurred relatively small annual operating deficits, resulting in the large deficit
cash balance shown today. The cost recovery system currently in place will be
thoroughly reviewed over the next several months in order to arrive at a solution to
this ongoing problem. In the interim, it is recommended that the current cash
deficit in the Central Garage be eliminated through an advance from the Equipment
Replacement Fund in the maximum amount of $550,000. The current cash
balance in the Equipment Replacement Fund is $1.5 million, with revenues
projected to be approximately $200,000 greater than expenditures during fiscal
year 1995-96. The proposed advance is not expected to adversely impact the
City's ability to fund routine equipment replacement during the life of the advance.
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Meeting Date 10/17/95
Other Funds
Several other City Funds are also currently in a cash deficit situation. However, no
action is recommended at this time since, as in the case of the Library
Construction Fund, this condition is expected to be only temporary and will be
remedied by the receipt of current year reimbursements, revenues, etc.
FISCAL IMPACT: The fiscal impact from the recommended action to advance City
funds to the Agency will be increased interest expense to the three Agency Funds
and increased interest revenue to the Trunk Sewer Capital Reserve Fund. The
dollar amount will vary by year based on the amount of the advance outstanding
and the earnings rate of the City Investment Pool. Assuming the entire
recommended advance amount is approved and remains outstanding throughout
the remaining nine months of fiscal year 1995-96, the related interest cost/revenue
would be approximately $147,845 (advance amount ($3.55 million) times interest
rate (5.63%) times 270/365 days). In reality, the actual amount should be
significantly less than this.
The fiscal impact from the recommended action to advance cash from the
Equipment Replacement Fund to the Central Garage Fund will be increased interest
expense to the Central Garage Fund and increased interest revenue to the
Equipment Replacement Fund. Assuming the entire recommended advance
amount is approved and remains outstanding throughout the remaining nine
months of fiscal year 1995-96, the related interest cost/revenue would be
approximately $22,905 (advance amount ($550,000) times interest rate (5.63%)
times 270/365 days). In reality, the actual amount should be significantly less
than this.
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RESOLUTION NO. / J"tJ It(
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CASH ADVANCES FROM THE
TRUNK SEWER CAPITAL RESERVE FUND TO VARIOUS
REDEVELOPMENT AGENCY Fu~DS AND FROM THE
EQUIPMENT REPLACEMENT FUND TO THE CENTRAL
GARAGE FUND
WHEREAS, over the last few years the available cash in
various City/Agency Funds has been depleted beyond a zero balance;
and
WHEREAS, this, in effect, is an unrecorded, interest-free
loan against all other City/Agency Funds; and
WHEREAS, in addition, funds with positive cash balances
are earning less interest revenue than warranted due to this
practice; and
WHEREAS, as of September 25, 1995, there were twenty-two
different Funds with deficit cash balances totaling approximately
$5.7 millions; and
WHEREAS, it is recommended that we move towards returning
all funds to a positive cash balance as soon as practical and
implementing strict controls to not allow any transaction against
any cash account which would reduce it below zero.
NOW, THEREFORE, BE IT RESOLVED that the City Council and
the Redevelopment Agency does hereby jointly authorize, acknowledge
and consent to the existence of an indebtedness of the Agency to
the City'S Trunk Sewer Capital Reserve Fund in an amount as set
forth adjacent to each Project Area Fund below ("Funds", jointly
herein), commencing as of the date set forth adjacent thereto,
which indebtedness shall be repaid on demand by the City acting for
the benefit of the Trunk Sewer Capital Reserve Fund given the
reasonable demands that such Trunk Sewer Capital Reserve Fund may
have for cash requirements, but as aggressively as the resources of
the Project Area Funds permit given a rational allocation of the
resources of the Funds between the bonded debt service requirements
of the Funds, which shall have priority, the operational
requirements of the Funds, and the repayment of the indebtedness
herein acknowledged. Said indebtedness shall bear interest, as of
the date set forth adjacnet to the Fund named, compounded monthly,
at the City'S average yield on its Investment Pool earnings,
determined quarterly by the Finance Director:
1
d.yf
RDA-Town Centre II. . . . . . .
RDA-Southwest . . . . . . . . .
RDA-Bayfront/Town Ctr I. . . . .
Library Construction Fund . . .
Central Garage Fund. .. . . . .
Total . . . . .. ....
Presented by
Robert Powell, Director of
Finance
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2
Date of Interest
$1,366,000
$1,431,983
$ 350,000
$ 607,158
S 487.506
4 242 647
10/10/95
10/10/95
10/10/95
10/10/95
10/10/95
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From the Office of the City Attorney
City of Chula Vista
Legal Opinion
Date: November 1, 1994
From: Bruce M. Boogaard, City Attorney
1'0: Honorable Mayor and Counci1persons
cc: City Manager
Finance Director
Joseph Garcia
Re: Authority for Interfund Loans
The Council has referred Mr. Garcia's letter of October S, 1994, attached, to my Office
with a request for a legal opinion as to the legality of making interfund loans from excess
cash in the various sewer accounts.
I. Question Presented:
Is it legal for the City, through the management of the general or other funds, to borrow
monies in any of the sewer funds and put the proceeds of the loan to a use in another
fund for a purpose other than that for which they were originally collected'?
n. Conclusion:
Within the following constraints, the sewer fund may make interim interfund loans to other
operating funds under the control of the City:
A. Legitimate Purpose for Having Excess cash.
We have to have a legitimate sewer purpose forthe excess cash. We can't charge
more for the service than the cost of the operation. But that doesn't mean that if
we have a legitimate purpose in building up . cash JaerVe, we have to allow the
funds to stay idle. They can and should be invested to maximize purchasing
power until sufficient funds are collected to do the project for which they were
collected. The excess in the sewer funds should be created pursuant to a
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financing plan intended to achieve the acquisition of capital facilities or other
operating needs of the system.
B. No Interest Subsidy.
The interim borrowing should bear a fair I!W'ket interest rate which is set in
approximate relation to the risks associated with other investments in which the
Fund might invest its excess cash.
C. No Liquidity Interference
The interim borrowing by other funds should not be structured with repayment
dates that would, by the lack of cash in the Sewer Fund, interfere with the
legitimate sewer purpose for which the monies were originally collected.
D. Low Risk of Default
The risk of default on an interfund loan has to be of the same minimal quality we
would expect from an investment by the investment pool. The risk should be
separately assessed by the Council at the time the loan is being made.
m. Analysis.
Municipal interfund borrowing has not, by our research, been directly attacked.
Specifically, there is no California statutory law, case law or attorney general opinion that
we were able to find directly dealing with interfund borrowing or interfund transfers on
point to guide us on the legality of this practice. There are indirect principles of law that
govern our conclusion, as follows:
A. The City Must Have a Legitimate Purpose for Having Excess Cash.
Section 8 (c), a definition section, of Article XlIIB of the California Constitution
creates the concept that an imposition of a fee in excess of the legitimate needs of a fund
is in fact a special tax.
"(c) "Proceeds of taxes" shall include, but not be IeStricted to, all tax revenues and
the proceeds to an entity of government, from (1) rqulatory licenses, user
charges, and user fees to the extent that those proceeds exceed the costs
reasonably borne by that entity in providing the rqulation, product, or service, .
"
. .
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Sec. 4 of Article XIIIA of the California Constitution requires that all such taxes be
imposed by a 2/3rds vote of the public.
Cities, counties and special districts, by a two-thirds vote of the qualified electors
of such district, may impose special taxes on such district, except ad valorem
taxes on real property or a transaction tax or sales tax on the sale of real property
within !Such City, County or special district.
The concept that a fee designed to collect revenue in excess of expected costs of
operation is a tax has gotten into the state legislation:
.Sec. 50076. Definition
As used in this article, .special tax. shall Dot include any fee which does Dot
exceed the reasonable cost of providing the service or regulatory activity for which
the fee is charged and which is not levied for general revenue purposes..
In City of Dublin v. County of Alameda, 14 Cal.App.4th 264, a California Court of
Appeal decision out of the First District (ours is the Fourth District), the City of Dublin
opposed the imposition of a trash tipping fee surcharge of $6 'per ton to fund a recycling
program. The City's attack was based, in part, on the contention that the fee would have
produced revenues in excess of the cost of the recycling program, and hence was a tax
in violation of Section 4 of Article XIIIA, cited above.
The Appellate Court captured the state of the law that a fee in excess of the cost
for the service was a tax Deeded 213rds vote to be legal:
. Although the section uses permissive language, the superma,jority voter approval
requirement [of Article XlIIA, Section 4, cited above) was intended to restrict the
taxing power of local government. (Rider v. Coun(y of San Die20 (1991) 1 Cal.4th
1,5-6, 2 Cal.Rptr.2d 490, 820 P.2d 1000.) ...
Special taxes must be distinguished from regulatory fees imposed under the police
power, which are not subject to the constitutional provision. (Pennell v. Ci(y of San
~ (1986) 42 Cal.3d 365, 374-375, 228,Cal.Rptr. 726, 721 P.2d 1111.) Special
taxes do Dot encompass fees charged to particular individuals in connection with
regulatory activities or services when those fees do not ell;..-.t the reasonable cost
ofpmvidinsr the serviee or .clivi\)' for which the fee is ehaTfM. and IU'e not levied
for unrelated revenue pU%JlO5es. (Gov.Code, Sec. s0076; fennel) v. Ci(y of San
~, supra, at p. 375, 228 Cal.Rptr. 726, 721 P.2d 1111 [fee 01\ rental units to
defray costs of administrative hearina I"~ under rent control ordinance);
United Business Com. v. Ci(y of San Die,o (1979) 91 Cal.App.3d 156, 164-165,
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November I, 1994
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154 Cal.Rptr. 263 [fee on existing signs to recover costs of 8dministering sign
control ordinance]; MilIsv. County ofTrinity(1980} 108 Cal.App.3d 656, 660-663,
166 Cal.Rptr. 674 [fee for processing various land-use applications].}"
Hence, it would be improper to charge a sewer fee which would generate more
funds than necessary to pay for the . cost of operating, expanding or maintaining the
sewage system, for the purpose of creating excess cash to loan to the ge.tera! or other
funds for the purpose of financing general government functions.
B. Interfund Loaning is in part Constrainted by State law Investment Policy.
Section 504 (h) of the Charter authorizes the Finance Director to assume .custody
of all public funds belonging to or under the control of the City or any office, department
or agency of the City government and deposit all funds in such depository as may be
designated by resolution of the Ciyt Council, or ifno such resolution be adopted, by the
City Manager, and in compliance with all the provisions of the State Constitution and the
laws of the State governming the handling, depositing and securing of public funds; ..
"
The state law to which our Charter makes reference includes the investment
standards set forth in Government Code Section 53601 and 53635 ("Permissible
Investments for Local Agencies") and CivilCode Section 2261 ("Prudent Person Rule").
Both standards are generally the samel' and include such safe, low risk, liquid
investments as Federal Government-issued debt instruments (U.S. Treasury Bills), State
Government-issued debt instruments, "Triple A-rated" commercial debt instruments, and
bank accounts.
Section 53635, entitled "Funds of local agency; deposit or investment", permits
investment in the notes, warrants, and other evidence of indebtness of a local public
agency:
. . As far as possible, all money belonging to, or in the custody of, a local
agency, including money paid to the treasurer or other officialto pay the principal,
interest, or penalties of bonds, shall be deposited for safekeeping in state or
national banks ... in this state selected by the treasurer or other official having the
1. Except that a City Council is sranted a little more latitude than a City
TreasurerlFinance Director. Compared Exhibit A to Exhibit B.
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legal" custody. of the money; or, unless otherwise directed by the legislative body
pursuant to Section 53601, may be invested in the following:
(a) Bonds issued by the local agency, including bonds payable solely out
of the revenues from a revenue-producing property owned, controlled, or operated
by the local agency or by a department. board. lIiency. or authority of the Ir:cal
agency.
(d) Bonds, notes. warrants. or other evidences of indebtedness of any local
agency within this state. including bonds payable solely out of the revenues from
a revenue-producing property owned, controlled. or operated by the local agency.
or by a department, board. agency. or authority of the local agency."
Investing the excess cash from the sewer fund into other governmental funds of
the City is. without the normal formality of executing notes. issuing bond indentures, or
getting statement from a common investment pool. such as the State managed Local
Agency Investment Fund. identical to an interfund loan to ourselves, as long as it bCars
approximately similar interest for approximately similar risk, and has the other
"earmarldngs. of an arm's length transaction.
C. The Interfund Loan Must Bear Interest and Otherwise Appear Like an Arms'
Length Transaction.
However, since the authority to engage in interfund loaning is grounded in the
need to generate interest on temporarily idle cash, it would be inappropriate that one fund
resources are used to subsidize another funds efforts. The lending fund must receive fair
market interest without undue risk.
While I have searched for but not found a case on point, I feel very comfortable in
asserting the principal that a trustee of various funds, such as a municipal government,
may not use the proceeds of one enterprise fund to subsidize (i.e., without receive
consideration of equivalent value-quid pro quo) the operations of another fund. including
the general fund.
Hence. the authority to engage in interfund loaning. e.g., from the sewer fund to
another governmental fund managed by the City of Chula Vista. is that it must bear . fair
market in~t approximately similar to the interest we would receive from. similar
investment in the bonds or security of another public agency for. similar risk.
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Furthermore, the Interfund Loan transaction should have as much formality as
possible to preserve the public record that the transfer is in fact an interest-bearing loan
at a fair market interest late. My recommendation is that the Council should approve all
such loans in public meetings by written resolutions which bear the interest late, or
formula interest latiJi, and stating a given due date.11 A lesser, but still acceptable
practice, "Would be for the Finance Director, who is by our Charter vested with investment
authority over surplus cash, to memorialize the loan by a written and fully executed note
from the sewer fund to the borrowing fund.
D. No Liquidity Interference
Part of the important earmarkings ofan ann's length loan which we would require
when investing our cash in a non-City managed investment is a fixed term of borrowing.
As an investor in outside investments, we would select an investment term based on our
liquidity needs.
Furthermore, in order to justify having excess cash in the fmt place is a need to
spend it on a specific project at a planned point in time.
Thus, the interim borrowing by other funds should not be structured with
repayment dates that would, by the lack of cash in the Sewer Fund, interfere with the
legitimate sewer purpose for which the monies were originally collected.
Therefore, an additional constnint un the practice of interfund loaning is fixing, by
a formal act, a due date for the repayment, and determining, based on sound accounting
and financial practices and projections, that there will sufficient funds to repay the
interfund loan on the date set.
E. Low Risk of Default
The prime authority that permits interfund loans is the state law investment policy.
The thrust of Government Code Section S363S is that public funds may only be invested
in low risk securities. Hence, while we may be able to avoid much of the formality and
issuance costs associated with investments in other cities' bonds by interfund loans, we
should not avoid the bUst-type duty to assess the risk of default by the interfund borrower
due to lack of liquidity or insufficient funds for repayment.
2. It has been' a usual practice of the City to pay the simple .veraae monthly interest
earnings on all interfund loans duMg the period of the loan.
3. This is to show that we wiIlbe avoiding liquidity interference, discussed below.
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COUNCIL INFORMATION
DATE:
November 10, 1995
Honorable Mayor and city Council
John D. Goss, city Manage~
Robert W. powell, Directo~f Finance~
ADDITIONAL INFORMATION ON PROPOSED RESOLUTION 18074
- CASH ADVANCES
TO:
VIA:
FROM:
SUBJECT:
When the attached item entitled "Resolution 18074 Approving Cash
Advances from the Trunk Sewer Capital Reserve Fund to Various
Redevelopment Agency Funds and from the Equipment Replacement Fund
to the Central Garage Fund" was considered by Council at the
regular meeting of October 17, 1995, several questions were
addressed to staff with direction to retl1rn on November 14, 1995
with additional information. Staff continues to view this item as
a positive proposal recommending equitable improvements in the
City's cash management process and regrets any implication that the
current practice jeopardizes the city's fiscal integrity in any
material way, or indicates a trend toward deficit spending for the
entity as a whole.
When looking at the city as a whole, it is important to note that
no interest earnings have been lost, as all available cash is
invested to the benefit of the entire entity. The recommendations
are intended soley to improve the allocation of those interest
earnings in a more logical and appropriate fashion. Over the years
that the current practice has been followed, it appears that the
net result of this practice may have been to provide the General
Fund with more resources than would have been available had the
recommended changes been implemented, but to the detriment of other
more restricted Funds. It also should be remembered that unlike
what may have been the misimpression when this matter was last
considered, the impact of the negative cash balances has been
applied proportionately to all City/Agency Funds, and not simply
the Sewer Funds.
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The questions from council basically fall into four categories:
1. Provide additional information regarding the genesis of
the current practice of carrying negative cash balances
at the Fund level, including who authorized the practice,
why council was not advised, etc.
2. Provide additional information regarding the dollar
impact to those Funds with a positive cash balance,
including specific information by Fund for the previous
fiscal year.
3. Provide additional information regarding the impact on
the accuracy of financial reports presented to council,
including any possible impact on budgetary deliberations
of the Council.
4. Offer alternatives to providing the cash advances from
the Trunk Sewer Capital Reserve Fund or any other Special
Revenue Fund.
.
Current Practice - What. Who. When. Whv?
The current practice is to ussume that any negative cash balances
at the Fund level as the result of expenditure or transfer
transactions are temporary, since adopted budgets are balanced and
therefore the future receipt of projected revenue or transfers-in
will tend to cure any temporary shortfall. It is important to
understand that spending authority, as contained in the Council-
adopted budget, is based upon projected revenues and it is the
timing of those expenditures and the actual receipt of projected
revenues that determine a Fund's cash balance, especially if the
Fund has little or no reserves.
This has been the routine practice by the Finance Department for as
long as anyone involved can remember (at least as early as the
1970's and probably much earlier), and is not unreasonable when the
negative balance is relatively small and is expected to be cured
within a relatively short period of time. In speaking with the
City's former Finance Director (1951-1984), he indicated that he
does not recall the practice even though it was utilized for Grant
and CIP funding.
.
staff assumes that neither Council nor senior management were
advised of this practice because it has been a routine cash
management practice of the Finance Department and until fairly
recently, almost all negative amounts were relatively immaterial
and did tend to cure themselves over a limited time frame of usually
less than one year. The issue has not surfaced in written form
since most reports to council, especially those related to resource
allocation and budgetary decisions, deal with revenues,
expendi tures, and less frequently, reserves. Al though, in the
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Preliminary Budget Summary Reports attached to each year's proposed
Budget, one could surmise that those Funds where a Fund Balance
deficit is projected could reasonably incur a related cash balance
deficit.
specific balance sheet accounts, such as cash, are rarely if ever
the topic of discussion at the Council level. It is typically only
when available reserves are depleted or exhausted that cash
balances become an issue. Cash shortages should normally be
considered a symptom of a larger problem, such as deficit spending,
and are not the basic problem.
The twenty-two Funds with negative cash balances totaling $5.7
million as of september 25, 1995, include twelve different Grant
Funds, three Special Assessment District Funds which have since
been corrected, two Development Impact Fee Funds, the Park
Acquisition and Development Fund, the Garage Fund, and three
Redevelopment Project Area Funds. It is important to note that
with any analysis of balance sheet accounts, it is only a snapshot
as of a given date and if the same analysis is done one day, week,
or month later, the picture may likely be significantly different.
For example, you may recall that just a few years ago, the Agency
Funds had some of the largest cash balances in the city. The
majority of the discussion and ~he recommendations address
primarily those Funds with major negative balances that will not
likely be remedied in the near future.
The magnitude of the total negative amount in past years has been
fairly minimal, related mainly to the manner in which the city
administers grant and CIP funding. It has only been within the
last two to three years that there have been large Fund Balance
deficits incurred in a small number of Funds causing the larger,
longer lasting, cash balance deficits. The Agency deficit issue,
of which the cash deficit issue is merely a symptom, was the
subject of significant discussion during the fiscal year 1995-96
Budget deliberations, with the Agency/City now taking steps in
accordance with Council direction to eliminate that deficit through
the sale of some of its properties.
A straight-forward example of the current practice would be the
Park Acquisition and Development Fund (PAD). If it is assumed for
discussion purposes that this Fund has a cash balance of $100,000
at July 1, revenue for that year is estimated at $300,000, and that
Council has adopted a budget to spend $200,000 on various capital
proj ects. The current practice is to immediately transfer $200,000
from the PAD Fund to the capital Improvement Fund to set aside the
money for the specific projects, leaving the PAD Fund temporarily
with a negative cash balance of ($100,000). In effect, since the
PAD Fund only had $100,000 on hand, the additional $100,000 that
was transferred was borrowed proportionately from all other
city/Agency Funds having positive balances. The PAD Fund cash
halance remains negative until some future date, usually a number
of months, until revenues are received to increase the cash balance
to a positive figure.
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Another common occurrence has been in the case of Grants. It has
been a common practice in order to facilitate documentation and
reimbursement claim preparation for state and Federal Grants to
establish separate Funds for each Grant. Expenditure budgets are
adopted by Council based on future reimbursement revenue.
Expenditures are recorded in the Grant Fund resulting in a
reduction to an already zero cash balance. The cash balance
remains negative until some future date, usually months, but
occasionally years, at which time the Grantor Agency reimburses the
city for the eligible expenditures. In effect, during the time the
cash balance is negative, the Grant Fund has borrowed
proportionately from all other city/Agency Funds having positive
cash balances.
Both of the Capital Improvement and Grant examples are reasonably
common practices for Municipalities. The difference between what
is commonly practiced by other cities and the city of Chula vista
practice is in the allocation of investment interest earnings on
the "borrowed" amounts. Again using the PAD Fund example, some
Cities probably would have reduced the Capital Improvement Fund
cash balance for interest apportionment purposes by the negative
cash balance in the PAD Fund, thereby reducing the amount of
interest revenue to the Capital Improvement Fund and not impacting
all other Funds. In the Grant Fund example, the General Fund cash
balance probably would have been reduced for interest allocation
purposes by the negative cash balance in the Grant Fund, thereby
reducing the amount of interest revenue to the General Fund and not
impacting all other Funds. The practice here has been to ignore
those Funds with negative cash balances during interest
apportionment, thereby reducing proportionately the interest earned
by all Funds. In effect, where the City of Chula vista treats the
negative balances as de facto loans from all Funds, at least a
number of other cities treat the negative balances as loans from a
specific Fund for interest apportionment purposes.
The current City practice warrants change when the negative cash
amount (loan) is large and is not expected to be cured within a
short period of time, as in case of the Agency Funds and the
Central Garage. In both of these cases, annual revenues have not
been sufficient to cover annual expenditures, pushing the Funds
into deficit Fund Balance situations. In other words, the liquid
assets, including cash, are less than the current liabilities.
The only cure for this situation is to increase revenues, decrease
expenditures or a combination of both until liquid assets,
including cash, exceed current liabilities. Once this is done and
a reasonable Fund Balance (reserve) is established, the negative
cash situation will disappear as a result. However, this is not
expected to be a short term process and since the negative cash
balances (loans) are significant, it is being recommended that
formal cash advances from specific Funds be authorized in order to
better account for this condition.
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It should be remembered that this cash management practice is
strictly that, a matter of practice, and not a matter of law. As
was mentioned in the city Attorney's opinion, there is no case law,
legislation, nor Attorney General's opinion that addresses this
particular issue. Therefore, it is a matter of practice, and logic
would dictate that what is proposed is how the cash management
between Funds should be handled.
.
Dollar Imoact of Current Practice
As indicated in the original agenda item, arguably there has been
an opportunity cost to all other city/Agency Funds in the form of
lost interest earnings as the result of the practice of allowing
negative cash balances. Exhibits I and II show the approximate
dollar impact of that lost interest by major Fund category for
fiscal year 1994-95 and the first quarter of fiscal year 1995-96.
The attachment indicates that the total amount of interest revenue
lost amounted to approximately $280,400 during fiscal year 1994-95,
including $102,200 for the Sewer Funds, $47,000 for the various
Assessment District Funds, and $25,000 for the General Fund. Of
course, if there is interest revenue lost by most Funds, then it
follows that the Funds having the negative cash balances must have
avoided interest expense in the same amount. The Attachment shows
that the amount of interest expense avoided by the negative cash
balance Funds for fiscal year 1994-95 was approximately $148,000
for the Agency Funds, $115,400 for the Grant Funds (primarily the
Library construction Fund), and $17,000 for the Garage Fund.
.
Financial Reoortinq Imoact of Current Practice
As indicated under the discussion of the current practice of
allowing negative cash balances at the Fund level, most financial
reports outside of the Finance Department deal strictly with
revenues, expenditures, and reserves. Therefore, unless one had a
reason to examine a balance sheet for a given Fund, they would not
realize that the Fund had a negative cash balance that should in
reality be classified as a loan or cash advance. Since such a
reclassification for a short-term condition would have no impact on
either the borrowing or lending Funds available reserves, it would
not cause any reports produced for others outside of the Finance
Department to be inaccurate.
However, in the case where a Fund has a relatively large long-term
negative cash situation caused by a chronic Fund Balance (reserve)
deficit, it is reasonable to assume that a loan should be recorded
and reserves reduced to reflect the unavailability of those
resources. This would seem to be the case with the Agency and
Central Garage Funds. In not recording the loan in the "lending
Funds, II it could be argued that their Available Fund Balances
(reserves) are overstated by the amount of the unrecorded cash
advances (loans). It should be noted that since no actual
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loans have been recorded, any overstatement would be spread
proportionately to all City/Agency Funds and therefore the
materiality of the dollar impact is significantly more diluted than
if the loan was recorded against a single Fund.
Let's take the Central Garage Fund as an example and assume a
negative cash balance of $400,000 and that the Equipment
Replacement Fund has a cash and Available Fund Balance (reserve) of
$1,500,000. Under the current practice of not recording a cash
advance (loan), the Equipment Replacement Fund Available Fund
Balance (reserve) is theoretically overstated by approximately
$6,680, due to that Funds share of the unrecorded cash advance to
the Central Garage Fund. The $6,680 figure is derived by
determining the Equipment Replacement Fund's proportionate share of
the city's entire cash investment pool of approximately $90
million. That fraction, $1.5 million divided by $90 million, is
then applied to the negative cash balance of $400,000 to arrive at
the $6,680. All other City/Agency Funds would be proportionately
impacted. If, for instance, another Fund had a cash and Available
Fund Balance (reserve) of $6,000,000, then that Funds Available
Fund Balance is theoretically overstated by approximately $26,720
due to the cash deficit in the Garage Fund.
If we then take this scenario and using the actual numbers as
reported in the October 17 Agenda Item for the Agency Funds
($3,427,203) and the Garage Fund ($487,506) for a total negative
cash balance of $3,914,709, and apply this to all other Funds
having positive cash balances proportionately, we could conclude
that the Available Fund Balance (reserve) for any Fund with a cash
balance of $1.5 million is theoretically overstated by
approximately $65,245 (1.5/90 x $3,914,709). simply extrapolating
from these figures, the Available Fund Balance (reserve) for any
Fund with a cash balance of $6.0 million would theoretically be
overstated by four times the amount for the Fund with $1.5 million,
or $260,980. As large as these numbers appear, they need to be
considered in relation to the size of the reserves. In the case of
the $6.0 million Fund, the overstatement would be approximately
4.34 percent of the Available Fund Balance (reserve). If budget
deliberations for any given Fund included consideration of either
drawing down the existing reserve balance or increasing the
existing reserve balance through budget reductions, then these
numbers should provide you with an idea of how much that process
may have been impacted. Also, General Fund budget discussions
generally focus on expenditure levels as compared to current year
revenue estimates, and it is not uncommon for fiscal year-end
reserve estimates to fluctuate in the magnitude of $1 million up or
down during those discussions.
"'?s-/I<7
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7
Alternatives to soecial Revenue Fund Borrowinq
Since no other city Funds have cash balances sufficient to allow a
$3.55 million loan for longer than three to four months, the only
viable alternative to a special Revenue Fund borrowing to cure the
negative cash balances in the Agency Funds is to continue the
status quo and allow the situation to be remedied by reducing
expenditures or increasing revenues sufficiently in the impacted
Agency Funds to achieve a reasonable Fund Balance (reserve) level
in the near-term. Due to the size of the negative balances and the
difficulty in achieving such a significant savings in the very near
future, the special Revenue Fund borrowing is recommended. If such
savings are indeed achieved, then the borrowing could be repaid
with only minimal interest cost to the Agency.
It also bears mentioning, that basically the Garage and Equipment
Replacement Funds account for the same general function, which is
the acquisition and maintenance of City vehicles. While the annual
expenditures of the Garage Fund have been within budget
authorizations, the related revenue from internal transfers from
primarily the General Fund have been somewhat lower than projected
over an extended period of time. On the other hand, the dollars
accumulated for equipment replacement in the Equipment Replacement
Fund are currently slightly higher than near-term needs, so it
appears reasonable to view the two Funds as one for cash purposes.
This comment is not intended to downplay the importance of
accumulating money over time for equipment replacement, simply to
point out the inter-relationship of these Funds. It may very well
make sense to combine these Funds in the future to more clearly
account for these important costs.
':';5 - ~ /f
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EXHI BIT I
.
NEGATIVE CASH BALANCE IMPACT BY FUND TYPE
FISCAL YEAR 1994.95
INTEREST INTEREST
EARNINGS EXPENSE
FUND TYPE FOREGONE AVOIDED
SEWER 102,215
CAPITAL PROJECTS 67,187
ASSESSMENT DISTRICTS, ETC 46,996
GENERAL FUND 25,057
TRANSIT 21,119
DEVELOPMENT IMPACT FEES 10,985
DEVELOPER FEES 6,630
BCT 196
REDEVELOPMENT AGENCY 147,964
GRANTS 115,452
EQUIPMENT REPLACEMENT, GARAGE 16,969
. TOTAL 280,385 280,385
.
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3th;
EXHI BIT I I
.
NEGATIVE CASH BALANCE IMPACT BY FUND TYPE
FIRST QUARTER FISCAL YEAR 1995.96
INTEREST INTEREST
EARNINGS EXPENSE
FUND TYPE FOREGONE AVOIDED
SEWER 9,657
CAPITAL PROJECTS 5,942
DEVELOPMENT IMPACT FEES 4,013
ASSESSMENT DISTRICTS, ETC 3,099
TRANSIT 2,107
GENERAL FUND 1,851
DEVELOPER FEES 667
BCT 141
REDEVELOPMENT AGENCY 19,822
GRANTS 5,640
. EQUIPMENT REPLACEMENT, GARAGE 2,015
TOTAL 27,477 27,477
.
~~- ( ~)
-"5 If
,
council Agenda statement
Item: ~II
Meeting Date: November 21, 1995
Item Title: Ordinance No.~~~$, Amending Chapter 5.20 of the
Municipal Code-ro-Allow In Chula vista Any Form of
Gambling Allowed At Any Other Location within the
state Subject to Approval of and Qualification
Under a Gambling Plan Adopted by Resolution of the
Council. ~~
Submitted by: Bruce M. Boogaard, City Attorney~~~
Richard P. Emerson, Chief of Police
Reviewed by: City Manage~
Agenda Classification: (~consent
(XX) Action Item
( ) Public Hearing
( ) Other:
4/5ths Vote: ( ) Yes (X) No
This proposal is not about expanding gaming in Chula vista--its
about Home Rule.
It has just, as of Friday, November 17, 1995, come to the city
Attorney's attention1 that the State has adopted SB100 which
will become effective on and after January 1, 1996 and which
purports to prohibit cities from amending their gaming ordinance
to expand gaming in their jurisdiction for at least three years
(January 1, 1999). This prohibition on local control of gaming
will probably be extended beyond 1999 if a comprehensive scheme
for the regulation of gaming is allowed in the State.
Despite the solicitation of local gaming interests to expand our
current gaming ordinance, our office neither supports nor opposes
gambling, nor do we now advocate the expansion of gambling. But
we do advocate Home Rule and local control of the gambling
industry and problems it creates.
It is unfortunate that this matter came to our attention so late
and the need to take action is expiring quickly. To our know-
ledge, no other cities are even attempting to oppose this seizure
of local control by the state from cities. If the Council does
1. Local gaming houses who have an interest in expanding their
gambling rights were the citizens which brought the matter to the
attention of the City staff.
~.f{ -)
71
not wish to preserve their option to expand gaming in Chula vista
after 1996, they may ignore the remainder of this report.
But if we fail to take this opportunity prior to year end to
wrestle control over gaming back from the state, we will lose an
opportunity for control of a highly volatile sector of the
economy that seems certain to expand in the state. The state
will then be able to capture the tax and permit revenue stream to
the exclusion of the cities, and leave cities with the problems
such activity creates.
Recommendation:
1. Place on first reading (introduce) the attached
ordinance which provides a full expansion of gaming rights beyond
the constraints of the existing ordinance both in terms of types
of games and nature and scope of operations of gaming houses
subject, however, to the adoption bv resolution of, and
consistency with, a Chula vista Gaming Plan, which Gaming Plan,
shall among other things, require the appllication for and
issuance of, a site-specific permit to be issued to a gaming
interest before any expansion of gaming rights may be
implemented.
2. Schedule a special meeting not sooner than 5 days after
introduction, but not later than November 30, 1995 at which to
adopt (place on second reading) the attached ordinance, so that
the ordinance may become effective 30 days thereafter without
urgency and prior to the prohibition contained in Senate Bill No.
100.
Boards and Commissions Recommendation:
None. Not applicable.
Discussion:
Senate Bill 100 (Maddy) was enacted January 12, 1995 with
the ostensible purpose of permitting, among other things, of
allowing certain corporations licensed by the state to conduct
horseracing and satellite wagering to own financial or other
interests in a business ourside the state.
For reasons that are not apparent from a social policy
perspective, a small rider near the end of the bill prohibits, on
and after January 1, 1996, a city council that has not authorized
legal gaming within its boundaries prior to January 1, 1996, from
authorizing legal gaming in the jurisdiction; and would also
prohibit the amendment of an ordinance in effect on January 1,
1996, to expand gaming rights in the city.
The plan of the amendment herewith proposed is to
immediately (prior to January 1, 1996) expand by ordinance the
legal right to have every form of gaming otherwise allowed at any
cj!'. I - <::X
3h
other location in the state to be allowed in the City of Chula
vista, subject to regulation by a Gaming Plan, which will be
adopted and amended by resolution.
Any adoption or amendment of a Gaming Plan will require a
public hearing, but can be accomplished by a resolution.
Fiscal Impact:
None except, if a Gaming Plan is adopted, revenues from
licensing gaming may be receivable by the City.
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ORDINANCE NO. cl (PS $'
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 5.20 TO ALLOW IN
CHULA VISTA ANY FORM OF GAMBLING ALLOWED AT
ANY OTHER LOCATION WITHIN THE STATE SUBJECT TO
APPROVAL OF AND QUALIFICATION UNDER A GAMBLING
PLAN ADOPTED BY RESOLUTION OF THE COUNCIL.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN
AS FOLLOWS:
section 1. section 5.20 of the Municipal Code is hereby
amended to read as follows:
"Chapter 5.20
sections:
subchapter 1.
5.20.001
5.20.002
5.20.003
5.20.004
5.20.005
Subchapter 2.
5.20.010
5.20.020
5.20.030
5.20.035
5.20.040
5.20.050
5.20.060
5.20.070
5.20.080
5.20.090
5.20.100
5.20.110
5.20.120
5.20.130
5.20.140
5.20.150
GARDROOnSGAMBLING8
Chula vista Gaming Plan
Gaminq Plan Adocted bv Resolution.
All Gaminq Allowed Sub;ect to Gaminq Plan
Effect of Adoction of Gaminq Plan.
Inconsistencies with Chula vista Gaminq Plan
Savinqs Clause
Cardrooms
Cardroom-Defined.
License-Required-Issuance to person under certain
age prohibited.
License-Number permitted and transferability.
Consolidation-Permitted.
License-Initial issuance procedure.
License-Tax and attaching of receipts.
License-Applications required-Contents-Issuance
prerequisites.
Work permits required-Application
contents-Investigation fee issuance-Period of
validity.
Identification badges to be worn.
License-Grounds for revocation.
Rules and Regulations generally.
Games premitted-conditions.
Hours and days of operation.
Drinking of intoxicating beverages prohibited.
Minors prohibited from patronage or employment.
Maximum number of players per table.
1
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5.20.160
5.20.170
5.20.180
5.20.190
5.20.200
5.20.210
5.20.220
SUbohapter 3.
5.20.230
Subchapter 4.
5.20.240
Subchapter 5.
5.20.250
Subchapter 6.
5.20.260
Subchapter 7.
5.20.270
Maximum number of tables on premises-Arrangement.
Supervision of game playing.
Bets and wagers permitted when.
charges for game playing-Maximum designated.
Signs to be posted in oardroom-Contents
Lioense-Revooation oriteria.
Lioense-Additional grounds for revooation.
Horse and Doq Waqerinq
On-site and Satellite Horse and Doo Waoerino
Sports Book
Sports Book Allowed Sub;ect to Gamino Plan
Casino Gamino
Casino Gamino Allowed Sub;ect to Gamino Plan
Video Gamino
video Gamino Allowed Sub;ect to Gamino Plan
Other Gamino
Other Gamino Allowed Sub;ect to Gamino Plan
section 1. Chula vista Gamino Plan
5.20.001 Gamino Plan Adopted by Resolution.
In addition to the oamino. and reoulatory controls that
otherwise exist in relation to oamino. allowed in Chula vista
specificallY bY this Chapter, the city Council is hereby authorized
to adopt by resolution after public hearino, and from time to time
amend bY resolution after public hearino. a oamino plan ("Chula
vista Gamino Plan". or alternatiyelY "Gamino Plan") which Gamino
Plan may. but shall not be re~uired to contain the followino
components or elements:
~ Types of oamino allowed. includino but not limited to
card oames. on-site horse and doo waoerino, sports book,
casino oames. video oamblino, etc..
~ Hours of operations.
~ Location of oamino.
~ Auditino of oamino establishments.
~ Licensino fees
.2....
However. the Chula vista Gamino Plan shall not allow anv form
2
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or type of qaminq within the city which is not allowed at least" at
one other location anYWhere wi thin the state of California. or
federal or Native American enclave or reservation located within
the iurisdictional boundaries of the state.
5.20.002 All California Gaminq Allowed Subiect to Gaminq Plan
Notwithstandinq anvthinq else to the contrary herein
contained. all qaminq lawful Iv allowed to exist at any location in
the state of California. includinq but not limited to. any federal
enclave or Native American reservation contained therein. shall be.
and is herebY declared to be. lawful Iv conducted in the City of
Chula vista and shall be and is permitted. on the condition it
complies with. is consistent with. and is permitted bv and under
the Chula vista Gaminq Plan. as same may be adopted and amended bv
resolution from time to time.
5.20.003 Preeminence and Priority of Gaminq Plan.
Notwithstandinq anvthinq else in this Chapter to the contrarv.
all qaminq and any operational controls thereon which may be al-
lowed pursuant to the Chula vista Gaminq Plan shall be deemed to be
allowed bv this Chapter of the Municipal Code. and bv the enactinq
Ordinance without further amendment of said Code or Ordinance as if
same were contained herein.
5.20.004 Inconsistencies with Chula vista Gaminq Plan
Anv inconsistencies between the provisions of this Chapter and
the Chula Vista Gaminq Plan shall be qoverned bv the provisions of
the Chula Vista Gaminq Plan.
5.20.005 Savinqs Clause
If any part of this Chapter is held for any reason to be
illeqal. it is the intent of the Council and city that each and
every remaininq provision hereof not held illeqal shall be leqal
and remain in full force and effect despite the declaration of
illeqalitv as to such part.
5.20.006 Characterization of Gaminq Plan
The Chula vista Gaminq Plan. when and if adopted. shall not be
deemed to be an ordinance of the City. but instead shall. for all
intents and purposes. be deemed to be a resolution of the city.
Subchapter 2. Cardrooms
5.20.010 Cardroom-Defined.
Unless otherwise expanded bv the Chula vista Gamino Plan. fFor
the purpose of this chapter, a "cardroom" is defined to be any
3
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space, room or enclosure furnished or equipped with a table used or
intended to be used as a card table for the playing of cards and
similar games, and the use of which is available to the public.
(Ord. 2112 Sl, 1985; Ord. 1305 S2 (part), 1970; prior code S9.101).
5.20.020 License-Required-Issuance to person under certain age
prohibited.
Unless otherwise allowed bv the Chula vista Gaminq Plan. ~it
is unlawful for any person, for himself or for any other person,
firm or corporation, to engage in or carryon, or to maintain or
conduct, or cause to be engaged in, carried on, maintained or
conducted, any cardroom in the city without first having secured a
license from said city so to do, according to each and every
requirement of this chapter or without complying with each and
every regulation pertaining to such cardroom. Unless otherwise
allowed bv the Chula vista Gaminq Plan. ~it is unlawful for any
person to maintain or operate any card table in connection with any
cigar store, pool or billiard hall or any other business, or a room
in which card tables are maintained in the city without such person
first having obtained from the council a license authorizing such
person to maintain and operate such card table or tables or card
table business. Unless otherwise allowed bv the Chula vista Gaminq
Plan. Nno license shall be issued to any person under the age of
twenty-one years. (Ord. 1305 S2 (part), 1970; prior code
S9.102(l)).
5.20.030 License-Number permitted and transferability.
Unless otherwise allowed bv the Chula vista Gaminq Plan. ~~he
number of licenses authorized for issuance under the provisions of
this chapter shall be limited, based upon the population of the
city as shown upon the population certified by the state Department
of Finance. Unless otherwise allowed bv the Chula vista Gaminq
Plan. ~~he number so authorized shall be one per forty thousand
residents or any fraction thereof. Unless otherwise allowed bv the
Chula vista Gaminq Plan. A~ll such licenses shall be issued in
accordance with the provisions of this chapter; provided, however,
unless otherwise provided bv the Chula vista Gaminq Plan. those
persons holding a license to conduct cardroom operation upon the
effective date of this section may continue to hold such licenses
subject to the revocation provisions set forth in this chapter.
Unless otherwise allowed bv the Chula vista Gaminq Plan. A~ny
license issued pursuant to this chapter may be transferred upon the
approval of the chief of police to a person meeting all of the
requirements for the initial issuance of such a cardroom license,
subject to the ratification of the City Council which approval may
be withheld in the sole discretion of the Chief of Police and which
ratification may be withheld in the sole discretion of the City
council, and such approval and ratification may, but is not
required to, be based entirely or in part on the assessment by the
4
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Chief of Police or, as applicable, the City Council, of the
character of the proposed licensee, or when, in the opinion of the
approving or ratifying entity, there appears to be good cause why
such person should not operate a cardroom; provided, however, that~
unless otherwise provided bv the Chula vista Gamino Plan. with the
exception of those licenses which have been issued prior to the
effective date of the ordinance set forth in this section and
section 5.20.040, no license may be so transferred unless the
holder thereof has been operating a cardroom for three years at a
fixed location in the city. For the purposes of this section,
unless otherwise provided bv the Chula vista Gamino Plan. it shall
be deemed to be a transfer of a license requiring approval of the
Chief of Police and ratification by the City Council if a
shareholder of a corporate licensee transfers any shares in the
corporate licensee. Unless otherwise provided bv the Chula vista
Gamino Plan. ~1t shall also be deemed to be a transfer of a license
requiring approval of the Chief of Police and ratification by the
City Council if a partner of a partnership licensee transfers all
or any portion of his or her partnership interest. (Ord. 2528 51
(part), 1992; Ord. 2347 51, 1990; Ord. 2150 51 (part), 1986; Ord.
1738 51 (part), 1977; Ord. 1305 52 (part), 1970; prior code
59.102 (2) ) .
5.20.035 Consolidation-Permitted.
Unless otherwise expanded or provided bv the Chula vista
Gamino Plan. Nnotwithstanding the provisions of section 5.20.160
regarding the maximum number of tables on premises, the city
Council may, in their sole discretion, grant one additional
license, but no more than one (unless otherwise allowed bv the
Chula vista Gamino Plan) to a person having an interest in or
holding a license to any cardroom in the city but then only in
accordance with the procedures set forth in this chapter or the
Chula vista Gamino Plan and only if the total number of licenses
issued, including consolidated licenses as two separate licenses,
does not exceed the maximum permitted by section 5.20.030 or the
Gamino Plan. If such application for an additional single license
is granted, the maximum number of tables permitted in the consoli-
dation of two cardrooms is twelve (12) unless otherwise provided bv
the Chula vista Gamino Plan. No licensee may obtain or have issued
more than two licenses unless otherwise provided bv the Chula vista
Gamino Plan. Unless otherwise provided bv the Chula vista Gamino
Plan, Ag person shall be deemed to have an interest in, or hold, an
existing license if said person is a designated licensee, if they
are presently married to an existing licensee, if they are the
parent or child of an existing licensee, if they own shares in a
corporation that owns a license or has a partnership interest in a
license, if they own a partnership interest in a partnership that
has a license or owns shares in a corporation that owns a license
or if some other relation as specified in the Chula vista Gamino
Plan exists.
5
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Unless otherwise provided bv the Chula vista Gaminq Plan.
€gonsolidation occurs whenever a cardroom licensee or a person
having a financial interest in a cardroom obtains a license to
operate an additional cardroom or acquires a financial interest in
an additional cardroom.
(Ord. 2528 Sl (part), 1992; Ord. 2364 Sl, 1990; Ord. 2347 Sl, 1990;
Ord. 2015 Sl (part), 1982).
5.20.040 License-Initial issuance procedure.
Unless otherwise allowed bv the Chula vista Gaminq Plan. A~ll
licensees shall comply with the provisions of this chapter or such
other provisions set forth in the Chula vista Gaminq Plan. Any
applicants requesting a license as permitted in section 5.20.030
shall pay a nonrefundable fee as presently designated, or as may in
the future be amended bv resolution, in the Master Fee Schedule,
section 5.20.040, or the Gaminq Plan. to cover the cost of
investigation. Unless otherwise provided bv the Chula vista Gaminq
Plan. Nno applicant requesting a license pursuant to this section
may have any financial or other interest as set forth in section
5.20.035 in any other cardroom license, or application pending
therefore. Unless otherwise provided bv the Chula vista Gaminq
Plan. eEach application shall be totally independent and
unassociated with any other application being submitted for the
purpose of obtaining such a license. The initial period for
issuance of new cardroom licenses shall be the month of May, 1977,
and in the month of May in subsequent years should there be
additional licenses available. After the termination of the open
period in May, no further licenses shall be issued until the
succeeding open period unless otherwise provided bv the Chula vista
Gaminq Plan. Unless otherwise provided bv the Chula vista Gaminq
Plan. ~in the event that there are applications in excess of the
number of licenses available in accordance with the limitations set
forth in section 5.20.030, based upon population, the Chief of
Police shall conduct a public lottery to select those applicants
who shall be investigated to determine if they are qualified to be
issued any available cardroom licenses as approved by the Chief of
Police, subject to ratification of the city council.
Upon the issuance of available cardroom licenses, the Chief of
Police shall authorize the refund of any application fee to any
persons who were not subject to investigations unless otherwise
provided bv the Chula vista Gaminq Plan.
(Ord. 2528 Sl (part), 1992; Ord. 2506 Sl (part), 1992; Ord. 2408 Sl
(part), 1990; Ord. 2015 Sl (part), 1982; Ord. 1961 Sl (part), 1982;
Ord. 1738 Sl (part), 1977; Ord. 1305 S2 (part), 1970; prior code
S9.102(3)).
6
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5.20.050 License-Tax and attaching of receipts.
Unless otherwise orovided bv the Chula Vista Gaminq Plan. t~he
license tax for maintaining or operating any card table or card
table business in the city is payable quarterly in advance and
fixed at a sum as presently designated, or as may in the future be
amended, in the Master Tax Schedule, section 5.20.050. or the
Gaminq Plan. Unless otherwise orovided bv the Chula Vista Gaminq
Plan. ~1he city finance officer shall issue a receipt for each
separate card table license as in this section required, and such
receipt shall be attached to such card table and preserved thereon
during the full term for which such receipt was issued. (Ord. 2408
Sl (part), 1990; Ord. 1305 S2 (part), 1970; prior code S9.102(4)).
5.20.060 License-Application
prerequisites.
Unless otherwise orovided bv the Chula Vista Gaminq Plan. Asn
applicant for a cardroom license shall submit his application to
the Chief of Police, which application shall be under oath, and
shall include, among other things, the true names and addresses of
all persons financially interested in the business. The past
criminal record, if any, of all persons financially or otherwise
interested in the business shall be shown on such application. The
term "persons financially interested" shall include all persons who
share in the profits of the business, on the basis of gross or net
revenue, including landlords, lessors, lessees, the owner or owners
of the building, fixtures or equipment. The application shall also
be accompanied by fingerprints of persons financially interested.
(Ord. 2528 Sl (part), 1992; Ord. 1969 Sl (part), 1982; Ord. 1305 S2
(part), 1970; prior code S9.102(5)).
required-Con tents-Issuance
5.20.070 Work permits required-Application contents-Investigation
fee-
Issuance-Period of validity.
A. The manager of a cardroom, if he is other than the person or
persons whose names appear on the application for the cardroom
license, must obtain a work permit from the chief of police.
He shall submit his application for such work permit to the
chief of police, which application shall be under oath and
shall include, among other things, the past criminal record,
if any, of the applicant and shall be accompanied by the
fingerprints of the applicant. An application for a manager
work permit shall be accompanied by the Required Fee(s) or the
Required Renewal Fee(s). The work permit, when issued, shall
be valid for one year. The chief of pOlice may deny such work
permit, if, in his opinion, the applicant therefor should not
be permitted to act as manager in lieu of management by the
licensee of the cardroom.
7
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B. Employees in cardrooms must obtain a work permit from the
chief of police. Applications for such work permits shall be
submitted under oath and contain such information as may be
deemed by the chief of police to be necessary to determine
whether the applicant is a proper person to be employed in a
cardroom. The chief of police may deny such work permit if,
in his opinion, the applicant therefor should not be permitted
to be employed in a cardroom. Each application for a work
permit shall be accompanied by the Required Fee(s), or the
Required Renewal Fee(s). Such permits shall be valid for one
year.
~ The provisions of this section mav be modified bv the Chula
vista Gaminq Plan.
(Ord. 2506 Sl (part), 1992; Ord. 2408 Sl (part), 1990; Ord. 1969 Sl
(part), 1982; Ord. 1961 Sl (part), 1982; Ord 1680 Sl (part), 1976;
Ord. 1305 S2 (part), 1970; prior code S9.102(6)).
5.20.080 Identification badges to be worn.
Every manager and employee of a cardroom licensed according to
the provisions of this chapter shall, at all times when present in
such cardrooms, wear an identification badge containing his
photograph, age, address and description of such individual. The
provisions of this section mav be modified bv the Chula Vista
Gaminq Plan. (Ord. 2005 Sl, 1982; Ord. 1305 S2 (part), 1970; prior
code S9.102(7)).
5.20.090 License-Grounds for revocation.
Licenses for cardrooms may be revoked in the manner and for
the reasons set forth in section 5.02.180 et seq. of this code and
for the further reason consisting of a violation of any of the
provisions of this chapter, or for allowing persons other than
those named in the application on file with the city council to own
an interest in or have direct management of such cardroom; provided
however, that direct management of such cardroom may be
accomplished by the employment of a manager pursuant to the
provisions of section 5.20.070; for maintaining a greater number of
tables than the number set forth in the application; or for
maintaining such cardroom business upon premises which are or have
become unsuitable or an improper place therefor. The provisions of
this section mav be modified bv the Chula vista Gaminq Plan. (Ord.
1305 S2 (part), 1970; prior code S9.102(8)).
5.20.100 Rules and regulations generally.
It is unlawful to operate a cardroom in violation of any of
8
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the regulations and rules set forth in the Chula vista Gaminq Plan.
~Sections 5.20.110 through 5.20.200 herein. unless otherwise
allowed or requlated bv the Chula vista Gaminq Plan. (Ord. 1305
52 (part), 1970; prior code 59.103 (part)).
5.20.110 Games permitted-conditions.
Unless otherwise allowed and expanded bv the Chula vista
Gaminq Plan. Agll card games which have been determined by the
Attorney General to be within the permissible subject of local
licensing by California cities may be played in any licensed
cardroom on the following conditions, except that pai-gow, Super
Pan, California 22 and panguingue may not, ~Haer aHY oire~ms~aHees,
be played unless thev are permitted to be plaved under the terms
and conditions set forth in the Chula vista Gaminq Plan:
1. A written set of rules ("Games Rules") for a proposed card
game are on file with the City and have been approved, in
writing, by the Chief of Police at the time of playing the
game. Said approval may be amended, conditioned or revoked
from time to time in the sole discretion of the Chief of
Police.
2. A copy of the approved Game Rules showing thereon the approval
of the Chief of Police are posted in the Cardroom in a
conspicuous place readily available to the patrons or
prospective patrons and visible from any seat at any card
table on the premises.
3. The game is played strictly according to said Game Rules.
Variations of the game, unless specifically described in the
Game Rules, shall not be allowed.
(Ord. 2528 51 (part), 1992; Ord. 1305 52 (part), 1970; prior code
59.103(1)).
5.20.120 Hours and days of operation.
Unless otherwise allowed bv the Chula vista Gaminq Plan. Nno
card table licensed under the provisions of this code which is
maintained or operated in connection with any other business shall
be used for any card game from one o'clock a.m. to nine o'clock
a. m. of any day. Unless otherwise allowed bv the Chula vista
Gaminq Plan. Agll places which are devoted exclusively to the
operation or maintenance of a card table business shall be kept
closed each day from one o'clock a.m. to nine o'clock a.m. Unless
otherwise allowed bv the Chula vista Gaminq Plan. Nno card table
shall be used for any card game on Sunday except from midnight
until one a.m. (Ord. 2528 51 (part), 1992; Ord. 1305 52 (part),
1970; prior code 59.103(2)).
9
015. I - I 2,
- ""-.:"
;:;.c:/" /
5.20.130 Drinking of intoxicating beverages prohibited.
Unless otherwise allowed bY the Chula vista Gaminq Plan. Nno
license shall permit the drinking of any intoxicating liquor in the
premises licensed under the provisions of this code. (Ord. 1305 S2
(part), 1970; prior code S9.103(3)).
5.20.140 Minors prohibited from patronage or employment.
No person under twenty-one years of age shall be permitted to
play any game at any card table in the city. No person under
twenty-one years of age shall be employed where any card table is
maintained in the city unless otherwise allowed bv the Chula vista
Gaminq Plan. (Ord. 1305 S2 (part), 1970; prior code S9.103(4)).
5.20.150 Maximum number of players per table.
Unless otherwise allowed bv the Chula vista Gaminq Plan. Nno
more than eight players shall be permitted at anyone card table.
(Ord. 1305 S2 (part), 1970; prior code S9.103(5)).
5.20.160 Maximum number of tables on premises-Arrangement.
Unless otherwise allowed bv the Chula vista Gaminq Plan. Nno
more than eight (8) tables shall be permitted at any premises
licensed as a cardroom pursuant to this chapter, except that at
cardrooms operating under two consolidated licenses, twelve (12)
tables shall be permitted, and said playing area shall be located
on the ground floor and the tables shall be arranged so that the
playing surface of each table shall be visible from the sidewalk or
public walk immediately adjacent to the cardroom. unless otherwise
allowed bv the Chula vista Gaminq Plan. . The holder of a cardroom
license may appeal the visibility requirement to the zoning
administrator. (Ord. 2528 Sl (part), 1992; Ord. 2347 S3, 1990;
Ord. 1305 S2 (part), 1970; prior code S9.103(6)).
5.20.170 Supervision of game playing.
All cardrooms and/or card tables licensed under the provisions
of this chapter shall be supervised by the operator or an employee
of the operator of the cardroom, to assure that games played on
said tables are played strictly in accordance with the terms of
this chapter and the provisions of the Penal Code of the state of
California. The provisions of this section may be modified by the
Chula vista Gaminq Plan. (Ord. 1305 S2 (part), 1970; prior code
S9.103 (7)).
10
~5". I - I '-+
3:1'
5.20.180 Bets and wagers permitted when.
Unless otherwise allowed by the Chula vista Gamino Plan. Nno
bet or wager in any game shall exceed the sum of thirty dollars,
and only table stakes shall be permitted. No jackpots shall be
allowed unless otherwise allowed by the Chula vista Gamino Plan.
(Ord. 2528 Sl (part), 1992; Ord. 1952 Sl (part), 1981; Ord. 1305 S2
(part), 1970; prior code S9.103(8)).
5.20.190 Charges for game playing-Maximum designated.
Unless otherwise allowed bY the Chula vista Gamino Plan. Nno
charge in excess of thirty-seven and a half cents ($.375) per hand
per player shall be collected from any player for the privilege of
participating in any game. (Ord. 2528 Sl (part), 1992; Ord. 1952
Sl (part), 1981; Ord. 1305 S2 (part), 1970; prior code S9.103(9)).
5.20.200 signs to be posted in cardroom-Contents.
Unless otherwise allowed bY the Chula vista Gamino Plan.
~there shall be posted in every cardroom in letters plainly visible
from all parts thereof, signs stating which games have been
approved for play at said cardroom by the Chief of Police or Chula
vista Gamino Plan, and stating the charge per hour exacted from
each player for the privilege of playing. In addition to the
foregoing, each table shall identify by prominent sign located
thereon the game which is currently being played at said table
unless otherwise allowed by the Chula vista Gamino Plan. (Ord.
2528 Sl (part), 1992; Ord. 1305 S2 (part), 1970; prior code
S9.103(10)).
5.20.210 License-Revocation criteria.
Licenses for cardrooms may be revoked in the manner and for
the reasons set forth in section 5.02.180 et seq. of this code or
the Chula vista Gamino Plan. and for any violation of any of the
provisions of this chapter or the Gamino Plan. The city may, but
is not required, to impose a fine in lieu of revocation or
institute such other remedY as is permitted in the Gamino Plan.
(Ord. 2528 Sl (part), 1992; Ord. 782 (part), 1962; prior code
S9. 21) .
5.20.220 License-Additional grounds for revocation.
Unless otherwise allowed bv the Chula vista Gamino Plan.
Agdditional grounds for revocation shall include:
A. Allowing persons other than those named in the application on
11
~S.I- 14-'
file with the city council to own an interest in, or have
direct management of, such cardroom;
B. Maintaining a greater number of tables than the number set
forth in the application;
C. Maintaining such cardroom business upon premises which are or
have become unsuitable or an improper place therefor.
~ violation of the provisions of the Gaminq Plan.
(Ord. 782 (part), 1962; prior code S9.22).
Subchapter 3. Horse and Doq Waqerinq
5.20.230 On-site and Satellite Horse and Doq Waqerinq
Subchapter 4. Sports Book
5.20.240 Sports Book Waqerinq Allowed Subiect to Gaminq Plan
Notwithstandinq anvthinq else to the contrarv herein
contained. all sports book waqerinq lawful Iv allowed to exist at
anv location in the State of California. includinq but not limited
to. anv federal enclave or Native American reservation contained
therein. shall be. and is herebv declared to be. lawfullv conducted
in the citv of Chula vista and shall be and is permitted. All such
sports book waqerinq. before it mav be occur in the citv of Chula
Vista. shall be conducted under the auspices of a licensee who has
received a permit from the Citv to enqaqe in sports book waqerinq
and be conducted pursuant to the rules and requlations of the Citv
as mav be set forth in the Chula vista Gaminq Plan. as same mav be
adopted and amended from time to time bv resolution after public
hereinq. The Gaminq Plan shall further define sports book waqerinq
if same is requlated thereunder.
Subchapter 5. Casino Gaming
5.20.250 Casino Gaming Allowed Subject to Gaming Plan
Notwithstandinq anvthinq else to the contrarv herein
contained. all casino qaminq lawfullv allowed to exist at anv
location in the State of California. includinq but not limited to.
anv federal enclave or Native American reservation contained
therein. shall be. and is herebv declared to be. lawfullv conducted
in the citv of Chula vista and shall be and is permitted. All such
casino qaminq, before it mav be occur in the citv of Chula vista.
shall be conducted under the auspices of a licensee who has
received a permit from the citv and be conducted pursuant to the
rules and requlations of the citv as mav be set forth in the Chula
12
,
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Vista Gaminq Plan. as same may be adooted and amended from time to
time bv resolution after oublic hereinq. The Gaminq Plan shall
further define casino waqerinq if same is requlated thereunder.
Subchapter 6. Video Gaming
5.20.260 Video Gaminq Allowed Subiect to Gaminq Plan
Notwithstandinq anvthinq else to the contrary herein
contained. all video qaminq lawfully allowed to exist at any
location in the State of California. includinq but not limited to.
any federal enclave or Native American reservation contained
therein. shall be. and is herebY declared to be. lawful Iv conducted
in the city of Chula vista and shall be and is oermitted. All such
video qaminq. before it may be occur in the city of Chula vi~ta.
shall be conducted under the ausoices of a licensee who has
received a oermit from the City and be conducted oursuant to the
rules and requlations of the City as may be set forth in the Chula
Vista Gaminq Plan. as same may be adooted and amended from time to
time bv resolution after oublic hereinq. The Gaminq Plan shall
further define video qaminq if same is requlated thereunder.
Subchapter 7. Other Gaming
5.20.270 Other Gamblinq Allowed Subiect to Gaminq Plan
Notwithstandinq anvthinq else to the contrary herein
contained. all qamblinq lawfullY allowed to exist at any location
in the State of California. includinq but not limited to. any
federal enclave or Native American reservation contained therein.
shall be. and is hereby declared to be. lawful Iv conducted in the
city of Chula vista and shall be and is oermitted. All such other
qamblinq, before it may be occur in the City of Chula Vista, shall
be conducted under the ausoices of a licensee who has received a
oermit from the City and be conducted oursuant to the rules and
requlations of the City as may be set forth in the Chula vista
Gaminq Plan. as same may be adooted and amended from time to time
bv resolution after oublic hereinq. The Gaminq Plan shall further
define such other qamblinq if same is requlated thereunder."
Richard P. Emerson
Chief of Police
Presented by:
Bruce M. Boogaard
city Attorney
E:\GAMB2.WP
13
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From the Office of the City Attorney
City of Chula Vista
Memorandum
Date:
November 17, 1995
From:
Bruce M. Boogaard, city Attorney
Honorable Mayor and counc~
John Goss, City Manager~
Rick Emerson, Chief of Police
To:
Re:
Proposed Amendments to Gaming Ordinance
change No.1: Extent of Chief of Police and City Manager
Authority Over Gaming Plan.
Currently, the Chief of Police has veto rights over a specific
permittee based on background checks, exhibition of moral
turpitude, etc., but the Council has first and final say, typically
with input from the Chief and the city Manager via the Agenda
process, of the policy of allowing cardroom gaming in Chula Vista,
and amendments thereto.V
1. See section 5.20.030, which provides as follows:
5.20.030
liC<llSl>-Number permitted and tnmsfenbility.
Unless otherwise allowed by the Chula Vista Gaming Plan, the number of licenses authorized for
issuance under the provisions of this chapter shall be limited, based upon the population of the city as shown
upon the population certified by the state Department of Finance. Unless otherwise allowed by the Chula Vista
Gaming Plan, the number so authorized shall be one per forty thousand residents or any fraction thereof. Unless
otherwise allowed by the Chula Vista Gaming Plan, all such licenses shall be issued in accordance with the
provisions of this chapter; provided, however, unless otherwise provided by the Chula Vista Gaming Plan, those
persons holding a license to conduct cardroom operation upon the effective date of this section may continue
to hold such licenses subject to the revocation provisions set forth in this chapter. Unless otherwise allowed by
the Chula Vista Gaming Plan, any license issued pursuant to this chapter may be transferred upon the approval
of the chief of police to a person meeting all of the requirements for the initial issuance of such a cardroom
license, subject to the ratification of the City Council which approval may be withheld in the sole discretion of
the Chief of Police and which ratification may be withheld in the sole discretion of the City Council, and such
approval and ratification may, but is not required to, be based entirely or in part on the assessment by the Chief
of Police or, as applicable, the City Council, of the character of the proposed licensee, or when, in the opinion
of the approving or rati fying entity, there appears to be good cause why such person should not operate a
cardroom; provided, however, that, unless otherwise provided by the Chula Vista Gaming Plan, with the
exception of those licenses which have been issued prior to the effective date of the ordinance set forth in this
section and Section 5.20.040,00 license may be so transferred unless the holder thereof has been operating a
cardroom for three years at a fixed location in the city. For the purposes of this section, unless otherwise
provided by the Chula Vista Gaming Plan, it shall be deemed to be a transfer of a license requiring approval
(continued...)
--- '~
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The advantage of having non-elected Officials involved in the
Gaming Plan is primarily to minimize the risk for corrupt
practices. It could take alternative forms: (1) the Chief and
city Manager could each be given veto authority over the type of
gaming so that the Council could not approve a Gaming Plan they
wanted if it has not received the approval, individually, of the
Chief of Police and City Manager; or (2) the Chief and City Manager
can have mandatory input/recommendation authority over the Gaming
Plan; but give the Chief joint veto power over a specific
applicant.
To this author's perspective, the first alternative minimizes the
risk of corruption and enhances the chances of public acceptability
of whatever Gaming Plan is adopted, although the second alternative
keeps the traditional roles of the Council being the policymakers
and the Staff being the policy implementers.
The second alternative is the recommendation of the Chief and the
city Manager--that they stand down from any policy involvement and
recommend keeping the same general structure as with the scheme
relating to cardrooms--that is, permittee-specific veto authority
shared with the Council, but not approval of the Gaming Plan in
general.
Language is provided as follows to replace language found in your
agenda package at Page 25.1-6:
5.20.001 Gaming Plan Adopted by Resolution.
In addition to the gaming, and regulatory controls that
otherwise exist in relation to gaming, allowed in Chula vista
specifically by this Chapter, the city Council is hereby
authorized to adopt by resolution after public hearing, and
from time to time amend by resolution after public hearing, a
gaming plan ("Chula vista Gaming Plan", or alternatively
"Gaming Plan") which Gaming Plan may, but shall not be
required to contain the following components or elements:
1. Types of gaming allowed, including but not limited
to card games, on-site horse and dog wagering,
sports book, casino games, video gambling, etc.,
1. (...continued)
of the Chief of Police and ratification by the City Council if a shareholder of a corporate licensee transfers any
shares in the corporate licensee. Unless otherwise provided by the Chula Vista Gaming Plan, it shall also be
deemed to be a transfer of a license requiring approval of the Chief of Police and ratification by the City Council
if a partner of a partnership licensee transfers all or any portion of his or her partnership interest. (Ord. 2528
SI (part), 1992; Ord. 2347 SI, 1990; Ord. 2150 SI (part), 1986; Ord. 1738 SI (part), 1977; Ord. 1305 S2 (part),
1970; prior code S9.102(2)).
~1. /-('15
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2.
3.
4.
5.
6.
L..
Davs andY Hours of operations.
Location of gaming.
AUditing of gaming establishments.
Licensing fees
Number of Players per table
Number of Tables per qame type
establishment.~
and
per
However, the Chula vista Gaming Plan shall not allow any
form or type of gaming within the City which is not allowed at
least at one other location anywhere within the state of
California, or federal or Native American enclave or
reservation located within the jurisdictional boundaries of
the state.
Notwi thstandinq the foreqoinq. no Gaminq Plan may be
approved bv the city Council without receipt and consideration
bv the Council. at a public hearinq. of the comments and
recommendations of the Chief of Police and the city Manaqer:
and no permit or license thereunder may be issued without the
concurrance of both the Chief of Police and the city Council.
The Gaminq Plan shall have. at a minimum. a provision that
requires permits to be issued to specific operators and makes
it mandatory that the permit issuinq authority is vested
iointlv in both the Chief of Police and the city Council.
change No.2: Horse and Dog Wagering Accidentally omitted from
Original Language.
In the press to get the ordinance prepared and delivered by
Friday evening, the section entitled "On-site and Satellite Horse
and Dog Wagering" was captioned in your agenda package at page
25.1-15, but the intended text was omitted, and is herewith
provided, as follows:
"
5.20.230 On-site and Satellite Horse and Dog Wagering
Notwithstandinq anvthinq else to the contrary herein
contained. all horse and doq waqerinq. whether on-site or bv
satellite. lawfully allowed to exist at any location in the
State of California. includinq but not limited to. any federal
enclave or Native American reservation contained therein.
shall be. and is herebY declared to be. lawfully conducted in
the city of Chula vista and shall be and is permitted. All
such horse and doq waqerinq. before it ~av be occur in the
city of Chula vista. shall be conducted u~der the auspices of
a licensee who has received a permit froml the city to enqaqe
in horse and doq waqerinq and be conducted pursuant to the
2. These are third proposed changes requested by the attorney for
the current licensee, and are concurred in by the City Attorney.
3. Same as previou~ footnote.
fJ. Ii. / - 19
rules and reoulations of the city as may be set forth in the
Chula Vista Gamino Plan. as same may be adopted and amended
from time to time by resolution after public hereino. The
Gamino Plan shall further define horse and doo waoerino if
same is reoulated thereunder."
E:\GAMB3.WP
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(Portion of 5.20.001)
~ TYpes of aamina allowed. includina but not
limited to card aames. on-site horse and doa
waaerina. sports book. casino aames. video
~ ~~~~~~~~d ~~~~'Of operatlons~
~ _oca ___ 0 _am~na.
~ Auditina of aamina establishments.
~ ' . fees.
ax m number of a e s er ta
Bets nd wa s erm~ e.
Cha es 0 am~n.
~ Licensina. includina number of licensees and
consolidation.
Drinkin 0 intoxicatin bevera es.
a mu m er 0 a es on
ver as ec 0
establishments.
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5.20.110 Games pennitted-conditions.
Effective upon adoption of a Chula Vista Gaming Plan that addresses the subject
matter of this section, but only to the extent allowed by the Chula Vista Gaming Plan if more
restrictive than the provisions hereof, all card games which have been determined by the
Attorney General to be within the permissible subject of loca1licensing by California cities
may be played in any licensed cardroom on the conditions listed below. Until the adoption
of the Chula Vista Gaming Plan, all card games which have been determined by the Attorney
General to be within the permissible subject of loca1licensing by California cities may be
played in any licensed cardroom on the following conditions, except that pai-gow, Super
Pan, California 22 and panguingue may not, under any circumstances, be played:
5.20.120 Hours and days of operation.
Effective upon adoption of a Chula Vista Gaming Plan that addresses the subject
matter of this section, but only to the extent allowed by the Chula Vista Gaming Plan if more
restrictive than the provisions hereof, licensed cardrooms may operate seven days a week, 24
hours per day. Until the adoption of the Chula vista Gaming Plan, no card table licensed
under the provisions of this code which is maintained or operated in connection with any
other business shall be used for any card game from one o'clock a.m. to nine o'clock a.m.
of any day and all places which are devoted exclusively to the operation or maintenance of a
card table business shall be kept closed each day from one o'clock to nine o'clock a.m.
5.20.150 Maximum number of players per table.
Effective upon adoption of a Chula Vista Gaming Plan that addresses the subject
matter of this section, but only to the extent allowed by the Chula Vista Gaming Plan if more
restrictive than the provisions hereof, there shall be no limit to th~ number of play~rs
~rmitted at anv one ('.art! tahle. Until the adoption of the Chula vista Gaming Plan, no more
than eight players shall be permitted at anyone card table.
5.20.180 Bets and wagers pennitted when.
Effective upon adoption of a Chula Vista Gaming Plan that addresses the subject
matter of this section, but only to the extent allowed by the Chula Vista Gaming Plan if more
restrictive than the provisions hereof, there shall be no limit on bets or wagers in any game.
Until the adoption of the Chula Vista Gaming Plan, no bet or wager in any game shall
exceed the sum of thirty dollars, only table stakes shall be permitted and no jackpots shall
be allowed.
5.20.190 Charges for game playing-Maximum designated.]
Effective upon adoption of a Chula Vista Gaming Plan that addresses the subject
matter of this section, but only to the extent allowed by the Chula Vista Gaming Plan if more
restrictive than the provisions hereof, there shall be no limit on the charge which may be
collected from any player for the privilege of participating in any game. Until the adoption
of the Chula Vista Gaming Plan, no charge in excess of thirty-seven and a half cents ($.375)
per hand per player shall be collected from any player for the privilege of participating in
any game.
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AMENDED IN ASSEMBLY JULY 24. 19915
AMENDED IN.:ASsEMBLY JULY 2i. 1995". ','
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AMENDED IN ASSEMBLY JULY 15. 1!l9.'5 . ..' -.:.. ':~'
AM~DED IN ASSEMBLY JULY 10. 1995
AMENDED IN SENATE MAY 22,. 1995
AMENDED IN SENAT.E: MASCH 28, 1995
SENATE BILL
No. 100
Inl7Od~ced by g~..llt",. Madei) ~~d LDtJkye,
(Coauthol'a Senaton Calderoa, a. JoImIoDt,
Le1lllis, and p_) "
(Coauthors: As:s<bnbly Me=ben Sates. Brewer, Willle '..
Brown, Cranhmd..Hoge, l8eo.berg. Ropn, and Tuck".-) '..
~ It!1UUy 11, 1998
';.-
An act to a.m.end. ~peal, and aCId Section 198(5 of, to 8d.d
and repeal Secl10m 19807.1, 19B09.l5. and 19819J5 of. and to
repeal aJ;ld idd Section 198D2 oE, the Bumes. and ~ro~"'012S
Code, relating to gatt1.ina:, and declaring the m-gem:y thereof,
to ta.ka effect immlSdiate1y, , , .' ' , .
lZCUl1..\TlVE COUNsEL'S DlCEST
, S8 100, as amended, Madely. Gaming c:lubl. '
EJcisting law, t;ha Camizt.J RegiltnlUQn Act. among other
things, prohl"bits the ownenbip or operatiOn of a gII"";"IS club,
as ~..4'!...oed, Without fir~t"obtai.nin& a vaJId regi$tratioD from the
Attorue~' GeneraL Emt:ing law pro'lfices that an appllcatioa
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~~~/;;j;~:~;~ lip)" fini1ieUl.1 0'1:'- oi:i:ler.: iater!!St many ,bn;;i..~o$s ,'Or' , "
f.'l\&~, ,:: .;,: organJut1on outmie the State of California that is enppd in
:,,;', " . , UlY, Eorm of gm:ibUng or pnUng not author.i%ed by the la,," ','
. . of thia ,tate. , " , ,
, nlb bill would ntake an exceptio~ &om the 'fOregoing fw,
CCi!rtam ccrpOl'ILtions licensed ~ condut:t, h6iseracing and
: simulcast wagerini. ,as speci6.fld; ine bill would ,also ,provide
" , that an applic:atiaa by a corpoz-atiou U~E:lMd Punuatlt to the '
"Hone &C:ing Law anci'ce~,oth':~~""'IllIiD.''COi:m.ecdon
therewith shall be ,deemed pro~ ,Y !lPlXoved UPOb ibl,
submi.ui6a. The bill would hibit.on 1Uld' ,
1996, the vermn yan e ", city,
or c:i an OOWl a no au Wit
as nor 0 anuuy: .'
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ce on anuuy. ;.
e j tiou.. 'Cerl ' ~ ~ " .,' ' 'WOU.IC1
"rePJlllA ~ ..1f~, omY,U/l1:i1 Jan~,.l.,~~,lDd:lIlIt:If that date
would ])e., repealed. unless & latex' ~tecl:~~; ,whichfs
enacted. befOre that date. enacts a cp~~v.e IClierile for .
theregu1ati01l ~pTnI"g uncle%: th.J~~',qfl!- gJlnriTtg.;>>r ,
&amb11nlcontrOlcrwn""'I":oA..<~'):{~:?l ~ '::~i~:;i-;':'.~}I' . ...:.' .
This liill wou1c!' ilaO' c:le--I"Pi! 't1iI.t it: Jill,' 'tD:' ta:Ice aft"cct
immediately 8lIan .urg'DCY Sbltv.te.'; ,',. ':,<, ":~:':.: ..;, ,. . :
Vote: 1/3. AP=~riatiDD:: llO,:",ll'iaaal ,.cn.....:-ittee,: Yes. '
Stat~rn.l'l(lAted 11 p~ no. '. ,', " "" ::'," " .
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1 S'ECTION' '1. .ni., L.e'gtalamz:e lierebf:!::firu::!s &:tIel.
2 deewelI all of the foUow.lng: ,: ,~"::,;.,~~:,, ,
:3 (a> It Is an im~~:d~ priority to eD,Nre .thafgll.l'Ding in
4 tbilII state be ccn "honestly. competitivelY~ and iTe. .
~ ofcrlrnlnAla.ndconuptivcelemeub'.' . ",,: "':
6 (b) Cun:ea.t law, slric~y regulates, 1llJ:,,~t6 of
7 parimutuel wagering on t!orseracing..' ',.~" ,: , . ,
8 (e) Parimutuel 'wagering., on bor$erac.tns has beeu " ,
9 conduct.d in ccm)pllatice. 'Nitb. ~ appropriate :~wS'of,
10 thisstate.foroY~50yearl:hy.,~da.~ati~that~, ..:: .
11 owned by publicly traded,c.o.J!)O..oiI::Icms. .., ".''', " ,. .
. '.. }:;iI5:.~~Ji~j~\;,,',:","'~:~;;1! .
.. : L:No: .;'~4 ,~\&.!.""""'I"...,,"..,,, .........._. ,.~\'''f!Io..
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COMMERCE CASINO $$$
8- 2-85 .10:~~AM
FAX NO. 2137288874
SEYFARTH SHAW u~
SEP-08-95 FRI 11:07
SE\T BY:..
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P.04/13
III
-3-
SB 100
1 (d) Honera~ llMOCiationa 'should be llllowed' to
II fIOmpete with ~ pm'ar:.elub; :by allowing thO..
3 racetrada to opcrate...S".....I~g elub on the ptemUes of
4 the ra.oetradc, if it is located. in a aty that hU approved
r; card dubs bY'K vote or ita citizens. .
e (el The Attorney Qeuend should. have adequate
7 resources to appropriately review. pICA. 1 _ invest:liate,
8 and approve or deny appUcations fer g""",lng reglsb:atian
9 of honel'acing ~t1oni that are' owned by publicly
10 . trlded. cozporat\Oas.', . .
11 SEC. 2. Section 1980S of the Business and Professions
12 Code la repealed. ..... .... ' .
13 . SEC. 3. Section lY802 is added, to the Busin_ lInd
14 ..r'of....om Code. to r.ead:.....
115. 19EQ.. AB \!.led in tb.i& chapter. .
16 <a> ~ConvictioD" .........ni: a'pl_ or verdiet of suilty or
17 a. convictlml. ,folloWIng 1& pl.ee. o! nolo contendere. Any
.1$: :act:lQl1tbat;. tl'lo Attorney General' tal<M fullowing 1&
. 19 .' conviction may be t8ken when the time for appeal has
m . elapsed, 0%: tb. ju~t of con~ has been.:oim:nned
21 ' . OG a:ppeal,or _heft aD order iflWting probation is made
2a $UIpeIlciing the imposll1on of senteDce,'i.hca~cdve of a
!23 . .ul),equen.t order under Sect10n 1203A of the i'enal Code.
i4 . The r~rd 'Of~='of tbe crtmealWl be con.cluMve
2IS evidenc.:. of the' ract. tbattbe "C!OIlVic:tion bc:eurrecl. but
26 only or th&t:faot, &Ad.the Attorney C4Deral may iriqWe
'Zt into the ~c- surrounding the 'eommi~on or
28 the crim.e i1\ ord.et>.to ibt the c1egree of. dJ.seipHn8 or to
29 determine if the cOft\liction is l1.b-ntW1y re1ited to tbe
30 quaWicatior:as, fimotiom, and'duties of the registrant in
31 quetrtion. . ;. "'.i'. .
32 (b) ..0........1..11:: eli1'b~" meatAl any establishment where
33 legal gambllng;'&II' defined in rubdivislon (d), is
34 conducted.., ." ..... '.' ..
3S (ill)' ""1Dstituti6l:l.al mv_tor- meam aDY retiJ'eQ1ent
36 fund. adm;..;.tered by a public aponey ror the exclusive
. 31 benefit of federal, stat.. or lace.! public employ_. any
38 investment r:ornpaby registered under the Investment
39 Compeny Act of. 1940 (15 US.C. S-. 8Qa.l'st seq-); any
40 eoUeetive invcwtm.enr tr>Ut organi:l:ed'by baJUcs under
. .
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SEP-08-95 FRI 11:08
SE:'i, BY; ,
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COMMERCE CASINO $$$
8- 2-35 ;lO:45A~
FAX NO. 2137288874
SEYFARTH SHAW U-
p, 05/13
~10_445 4028:# ~/12
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58 tOO -4-
. 1 !'art Nine of, tee Rules of. the ~~Ptrollsr of the
2 'Om'enC)'i:'mr:. closeci-en4' .ln~l~ent~: b11It,'. . any.. .
~: charterec3,w liCel\stid life inBwa.o,C. ~~ Or'propeEtY .';-: '.:;,;
4 and casualty Ii1surmce c:otl1pu1;f. any ,.......Iring BIlC other. "";.
. . 5 . c:hartered or 1i~.oed 1endans ~t:!J:R~ any !nvestmll'l1t
. 6 advisOr regj.stered. under the :rnVs~e=t A.c1visOnl Al!t of
7 19tO, (lIS' U S.C. See. 8Ob-l et seq.) ~t;ma IJi that capacity, "f
. 8 _0. such other ~sonl as the Atiome:y CenePl may'
;9 detlmPine for -realODS CQIlJiBtent ~~"~ policies or this'
10 oha ter '. " ''''''<<;''''', ' . . .
11 (~J ~aipmblJngorg..",;n~"*~':;canYCllll"dgame
12 p!Jl.)'ed for 'C!inency, cheel(, credit'~ Or~~l. othsrtbinS of
13. Va.\ue that. is not prohibited ~T?" UDlawful bY.
14 Chapter 9 (c;Om~ll.-ln! with Sectl.dt!.'319) crChapter 10
115 (commencing with Section 330) of~ 9. of Part 1 of tpe
16 penalCpde.or.by1oc8lordinsnce.':""" ..;.;'., ,
17 (8) (1) E:Jtcept:..,pfOVided.in~_<Il) and (3), .
18 "pe:non" al,ean4 '.any membeJ~ '.~. oftlcer..
19' cU%eotor, partner. princip8l, .BlI~~te'i~individua1, .en: ,
~ combination thIill'eoi. bolijtna an)".:~";C;II' .~~'::('\ <<
21 :8.nancial interest ill. a gamm,g club. ~:~h9.,~ the paWlIl' . ' '.
U ~o ~e lDfluence over the ~9flhe.cl!,lb. .~'.
23 (2) Withres:98Ctto.acorpo~~~toecmd~
Z4 horseraci.Dg end simulCast. ~~~ I:CI CIla.ptaJ; ;': (')' ·
25 .' (c:<nIIDltmcln -NWi Secldon l~)~"~liOie- Il:OCik ,IS'" ~ ,
26 publi~lY tf1l.ded, l\'person~ m~ the corpqntlnu .nd anY,'
iT OfScer, directOr. or owner: of. 15 pe!l,;'m.t.~('~ of the
28 ott~tanding' mUel of the' c-~.ti.on',~...:t,h;; .dd!ticm; .'
29 .'penon" mt'!aIIlI a.ny individual who is d.Ae~w~ by the
30 Attorney C=.M&l to have the power to e:itim:::i3iD"illflusn08
31 over the operation of the club. "PeJ'IQD'~ d$uaot.snsaa,
32' ail iDstitut:IDtW investor as de&.ed. by'.u~~ (e). .
33 (3) , With respect to a c:orpot8tfonl1C.....~tc..Conduot. t?\
34 horseradng ~sUnulcast ~.ring~~'tp,.~' V
35 4 (coounendng with Secdc;m 19<<10) that IS a' wholly
36 owned alolbsidiaz'y of a corpOration whoae ltocl(,s-pabUOly
:r7 traded. "persoa" JJUllUl.S the corporatioD~'ariY ofBcer
38 or dJrectOf of the mbsi,diar)' eorpOratiOD. anQ,lUlY o'\ln1er
3lJ of l5 percent or mo~ of' the oubt8nCUn,' shaM' of. the
40 pUbliClY tradedCQrpoI1ltion. In aOdltion. "person~~ i)
4
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COMMERCE CASINO $$$ FAX NO, 2137288874
8- 2 .9~ ;lO;~5~~; SEYfARTH SHAW LA~
~_.. ......" ..a- ....,...'~I.l ~o
p, 06/13
SEP-08-95 FR I 11: 09
~E'T BY;..
310 4~5 402a;~ 6/12
1~1B2e15219 p.06
.
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1 any otber fndtvidual, .lnc]",;.... g. but not l1m.tted to, any
. II oiftcer or dileetor of the pu~lrC]y traded CO~tion and
3 . its iDtemtedtary corpo1'1ltfo.iu, who u.determf:o.i!d by the
4 Attoz1ieygeneno! to hllvil the po......er to &X6rdse Wlucce
lS . ovw the operatiou of.the e1ub,....Penon.. does not ma..n
6a.n iDltitu&naliDveftol' u defined bY'AlbdivUiob (0).
7 . (f) Thla SectioD sha.U' %".......1" in .effect . only until
8 January 1, 1999, and lIiJ of that' date is l'epe.Ied, unl-. a
9 latw CDIIcted statute, which is .enacted Defonl January I,
10 1999, enllatr a eompn:henBive ,,,,,--.. for the regu].atiQ1:l
11 of 1""""'" ~t to ~ C!hapl- under the jurisdiction
12 at a P-"'g at gamb1fug~ant:ral, CO...rniu:i.OZL .
13 SEe 4. . Section llial2 is added to the BUsiness and
14 ~ol"""DI Code, to resd: . .
15' 19!JOll.'. As ~ in ~ ehaptcr. . .
16 (a) "Ccmvicl::lon" "V-"". pi.. 01:' verdiet of guilty ~
17 a conViC1:lon Collowizlg a plea of nolo .eouteDdel:'e. Atay
18 . IlCltion which. the Ath:lrneyCener:J. ~es foUo~t..:
19 ocm'ltctioD~" be taba .when .the tiitJe for appeal
'Sf) ...I'T ld.OI:thBjudr"'1tofiiOnviCtionhU~n~
21 oQ llppItaI Ol:' whe.i &Q Order~ prol:lllltioD is rnad.s
az ::-~:! the ~~_liouecmteuce. .irr~l:.lve of II
l1a order .......... the pl:'OvWlaaa of. Section 1l!D3..4
ZlIof the eDal Cede. The record of Oonvit!tion 'aE the crime
l!'.'5 sbaIl be eoncbiVe 'evidsnce of, the!.at .' ~t. the
.as convictma. O""..4.~...I, ':b;w:' only" of that "fii<:t,,"'l!.Dd the
~ A.ttorney . 00--.1 ~. .iDquire into the c;irCghutaiJces
18 '....<>...~I..&'. tl:le .........~;.oIDn of the, .,rune In order to fix
$ the deatee DtcU.ctpllna or to determiu.~ thhe ~viodon
30 is IUbstaDtiaIlY1'l!1aied to the qualifioe.ti~, functionc, and
31' dul:tel of the resistrm.t in questSon; . . .....
3Sl (b) "(;10_;"1 club- ....._Q. U1y ~t where
33' lop! p:m.bIiiig lIS d~ed.hi aubdi~atL(a)' # c:onduc~
34 (c) "Lepl "....},JJ'" orp,.,.,I"g" inean. an)' card game
315 pla)t<ld for~. ~ ~ Qr ilnrotb... tlling of
36 value which. is . not pro.h1bited aDd :Inade- unlawNl by
37 a.-ptm: II (c.............~...g with &x.t:lcn 319) "01' Chapter 10
38 ("".......-..:..lJwitbSeetion 330) OiTItle9ofPut 1 o!tbe
39 Penal Code or by'local Ordtnarl~. . '. ':':' . . '
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SEP-08-95 FRI 11:09
SE\'T BY:
COMMERCE CASINO $$$
FAX NO. 2137288874
P.07/13
SEYH~Tlf SHAW u- .~._~.~.O~ H5 4028:# 7(12
. .'WI
SB. 100
-&-
1 (d) ,''Person'' me~ any member, :It.oCkhol~~l ofB.cer. .
l2 director, parl21er; pnncipsl.' ~'Ite,. indw:i.dual, or.
3 camw..tinn theteoE ~ . any <Urect.: c,I" indirect
4. fI...n..i..l'l:nte.feft l:n. g~_l""g club, or who has the power,
15. to _ercri.ie influeo.oe over the operation of the club. .
e (e:) 11m sciction shall become .operative on Jan~ I,
'1 1999. .....1~... a tatllt' lttla.Cted. Itatute. which is e~ted
8 bdore JNlWUY 1. 19W, eoacta a eoIDp;-ehensive .ocben1.e .
9 for the reaWaUon of s,......ln.s, punuant to thi& chspter
lO UDder t,be ccm.t:J'ol, of '. ia.....h.g or gambling control
11 C')......I....;OU in which ca$e thb $eClion shall not become
1a operative. . . .
la SEC. IS. Section 19807,1 Is added to the B'USl.ness and
14 p, .A'ullons Code, to read: .
15 19801.1. !&.) Notwil:1:lstandmg any. provision of this
Ie chaptlD' to, the con~. an appHcaticm by (l) lI.
17.. corporation, licmu:oci. punuant . to, Chapter: 4
18(~g with Section 19400). and (2) pel1lQDJ: ',~
19 defined by parqrapbll (2) and (3) of eubclJ.yi.dou (e) g{ '. ",:
l?D Socrtitll1 l~ in CO"'l"e-1:ltlP with. the Vf"..... ,club i"' "'.';
21 pe~tted pum,Wl,t. to N~vtslon <a) of Section 19809.5;:';., e
22 &hall be. deemed. prQYig{onally approved. upon 11:1(,',:,
23 ."J,.....f..c""" The ~visioual approval ;ranted punuaDt ta:,":.'
lM thd.seetioD is . pnl" with ...._t to the C01.......tioQf.~,~,
'-'S. ad penons tuitWly approved. The pn>ViaiwW. "PJill'O~.\., .
26 sball be W!id only until tile application is either grlD1te4.~:.; ,
<n or dElDied by the Attornc:iY .Conenl on its msribL . :,.:;;. .
28. (b) With reapect. to . a C:C>lpol.u1on .descrlbod ;tzr.
29 paragraph (2.) of Nbdi'liiliOl1 (e) of Sectloft 19801!, thW;;,: .
30 icitmtlties of all6harehclden or other ownerl of mteTestlf.:'
31 in the oorporat:l.cnl, reprd1ea of tbG cs.tent of the',
3! Iharebolder~1 or,'own.,'. mteNlt, anO to the extent. thstS....
33 the identity. is knOWl1 by or reported to the corpotlLtton byi .~
34 its ~ agel1t; sh&ll be disclosed .to the ^tt.........i~; e:
95 General atleut semillnnual1y. The Attm=y General ma~' ,
36 requke dbc.lOlUl'e of thosa identitic:ll more frequently"
37 than ......:a......wly. . . . . ..
38 (c) With ..".j'.>o=Ct to . eorpcn.tiOD. described in
::ltf patagraPO l.J} or suD<bYWu" {,,)....I' ~u...... 1000&, lJA...
oW icLe:<L!i~ of all shareholderS or Ot;h_.OWll.8n of inturestll
.~
3
4
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9
10
11
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13
14
15
16.
17
18.
19
00
.21
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514
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29
30
31
32
33
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SEP-08-95 FRI 11:10
SE:'<T BY::
COMMERCE CASINO $$$
8~. .2~Jlp. :.1 0.' ;l.~!.
FAX NO. 2137288874 P.08/13
SEYFARTH SHAW L\~ 310 445 4028:~ 8/12
'w l~~~1~1~ Plee
I
-T-. SB:lOO
1 in the subsicii8ly' corpou.tiou.' my . UUermeciiary. .
2 oorporat1oa. anc1 th.. publld,.tnded corporation, to'the..
3 ezteDt that the identity is.known by'or;~rted to the
" ~~l1'aded COrporation !wits tnDsfer.apnt. UIall be
IS to the Atto~ GeDeral at least.-.nl"mnually.
6 The Attorney Ceneral may' require diadosure of those
. 7 identities more frequently than -.n;A....IUllly. .
8 (d) 1'hb 18O!:i<D:l ahall remain :b2 .t&.:t oul)' 1.1Dal
9 . J anuar)' I, 1999. ~ u of that date. is rep-.)<<i, w1less a
10 !atet' enacted stlatubl. which 1.1 enacted. berg", Januuy I,
11 1999, ezw:ts . comprebemive ICheme for.the regWatiCD .
12 of gAtntng punuant to this chap_ Under tlut jwi8dict::i~
13 of a g.....J..S w pm.bling CW1tial r:-non-<<eecon. . .
l' SEC.6. Section 19809 oftbe Busin_.aud. ~
IS Code Is amended to read: . . . .
. 16 19a. (a) An appl.k!at1on fur :!'egUtration may be
IT denied if the penon me&t5 any of the .following
18 conditions: . . . .
19.' (1) I1l&11der the age of 18 yean.. .' ~
20 (2) Makes' a fahe aut__t COAOen1!ng a matb:r..
. 2.1 requiied. to be ntvealed in an applicatton lor ntgistratiou
22 Jaued putswmt to thJa chapter or ll,Uy application made
l!3 for penWsli9n to cODduct a gaming dl.lb to a locs1
.: a"~~)1Z; b;~,~ricted of a ~'punl.~.hle ~ ~:-
a6 EelDny. '" ..:... . '.. ". . . .:..
7'1 (4) Hal eaPCed m _ act 1nwl\1i22g di&hoDeSty
28. ~ecior c:haigeable as a cti...".." offemerelaliDgto the
2.9 8Cl tfon of'OiNrleraliip or the operation of a'~
30 clu. or has b6ien convicted of an oS'e:ose .in'YOMng
31 dishonesty., . '. . . :
32 (5) H.u Elnppd. in unlawful lv.r.1..... !.f.,g 01' :othel': .
33 illesal pmblh:ig IUlt:tvitiea or has, been Convicted of an
. 34 offimse involvm, tho.se acdvi~ , . .
3lS (6) Hu any An.........1 or other interest in any busineu. .
36 Qr organization O\Itlide the Slate of.Co.llton:UaI which is
:n eugagecl in any fonn of prnbltng or...gan'ling not
38 Anthorized ~ the laWll of thIS state, m,l.. he or line hu
39 been t'eMered in this state plD'SUant to t:b.is chapter fot' '
. 40 a penocf of not less than five consecuti\l'e years before
lI3
.~
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I.
c:::!)!'. I - cl4
SEP-08-95 FRI 11:11
~tc~U:\'!:~, __.. '
FAX NO. 2137288874
SEYFARTH SHAW L~~
.
.
.
.
i
COMMERCE CASINO $$$
8- ~-55 ;lO:~7AM
.
~~_ SB100
1 . (I5)Haa engagpd . in' ;.~. Ill". other illegal
2 gam.blm8 activities or ,hIJ..been.COZlV\cted ahA offimse
.3 involvlngauchllCtiv:ltie&:'" .':: ..... ' .",': ,,,:J'~::...".' "
4 (8) Has aDy financial or othw'lDterest in 'any b\u1ness
5 or Ol'IV"'I",.t1on olUlide the"State of Callfcn:zia which is
6 . eqaged In any fol'Q1' of pmbling or pm1ng, lXlt
7 authorized by the'Jaws of this state./ unleas he 01' she has
8 been regiltered in tbi:s ...te pl.U1iwUlt tCl thilI chapter for
.9 a pVri~ of not Jess thin. Rve ~ve year. before
10 octaiXlin8 hiI or bet inb:InlIt in the out.:Of..at&te business or
11 ,org/""w.tio" ...... ,., .... .
1.2. (Tl;las been Issued . conditiOMl' registration and
13 oommits any act Which would. be grouncb for suspension
14. or re~n. under Section 19810,." . ,.., . .
15 (b)' .!be Attorney' CeI1eral may impo.e any eondiuaQ,
16' upcmregistrlltioo. re...........1>ly.:: necessary' for
17 im~ematicm of this chapter.. ..... ,., .
1.8 '(e) ~.of an appli~H"" {or.8i1y.6f the reNQIllI
1li1. .pedW.. in 'subdlvi:sion' (a) shall.:notpreclucl.e . the
!AI Attorney General or..lDcal .~t agencies from
.21 fUiq cz;....lnal~tlS for auy act'ckU1e in making the
22 application ~ for any a:ctwbich.!u pound.for deulal'Of
S!3 a r~tioD,..whJch act might otbSrwile . constitute a
'1\4 public..it'. ..,," .... . .... . ..' .' ....
u' (d)'11I.b ~-~'~~pne operative ouJanuary 1.
m UI99. '-"7I'e. '& Jater,.~ stamte;. wbidS i$'_ted.
rt 'before January 1. 1999; _bill CCQ).P*l\......~ve scJ:t.in:ce
t8 far the regul..Hqro. of'lP""';"l!: punWlAE to this chaptl!lr
29,~ the CDDtrol,'~'-a,,'S.-;"'g' or.pwbling control
30 ~on ia which case tbia see.tien 3hell not beoo"'l"
31 opeJ'lllive... .' '.' '. ' ..' .
. 32 SEe. 8_ ..Section 19800.5 is adeled. to thc-Bu.s:inea and'
3S PIA... '~.i Code. to rllSd: . .. ...,:
34 19015. (a) The entities described ~ parqrat:lh (I)' .
30'S .or (3) ofsubGiviSion (e) ofSeeti<ml~stia1l be allowed
36 to operate only, ODe g.aon'n( club, . and the gamin& cluJ;;.
:T1 sb81l be lacated on the same ~-- as the entity's
38 r_trac:k:...... ~.' ." .' .
39 (b) In CJl"dm that the Attorney Ceueral may blLve
40 adequate retOU'ree& to p14k...n the additional
P,09/13
~
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SEP-08-95 FRI 11:11
EE~T BY:, '
COMMERCE CASINO $$$
8- 2-95 :10:48~~
FAX NO. 2137288874
SEYHRTli SHAW U~
P.10/13
310 445 4028:#11/12
......,.
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5B 100
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", .~~~
1 invOltliationa nwi~ fl,ecl -"'Y by-the operatiDD ofgaming.
z cll,Jb.. punuant. to., mbdivision .(a) ".: the '.aIm!icc1ts'for'
3 !'8lJiItI'atioD of r...I"1 clubs ~t to subi:U.visl.<:l11 (a). .
4 sb&l1 be AlI.ellllad a fee that Wllnot ~ ~ r_ mblO
5 cost incunecl in Ii""-c .m'''g, iJ1v.eltipting. ILncl a~ovlnS
6 or denWtg &ppJl~hn::l'lU'Iuant to.$ubdiYisi0118. (b) and
1 (c) of Section 19SOf1.1 iDizl.mriDiCQtl1pu......t>ewithtbo
8 reglatratio~ ganbld ~ the..etD. . .
9 . (c) 'I'his I8Ctian iball r-oo<rih tn, cH'ect ouly until
10 JlDuUy' 1. .l999. and u of that dale b repeale4, "...1_ a
11 1a~ eiw:ted stIIi\1te. wbich 1.1 ~ted bBf'oore Jenu3n' 1.
11 1999, eaactB ..gOlP.~~,;!Ve.e'l....rn. i'cr the regulation
13 of ~"li ~ to t:bfI chaptet'~8T the j\JriJcUetion
14 of a ganUDs or P=hling control co.........,-'ou.
J.I "7'SEC. 9; . Section li81911 II added to 'the B'''.!"''$''- and
16 Pt.d! ['siena Code;.to read:
17 19819.5. <a) On and.a&r January 1,1996. neither the
18 govemiDg.body 1lOI' the e1ectClll' of & CQ\lZ1ty. city, or city
19 aDd county that has net autharized legal i"Tning within
SJ' Its 'botul.dll>?e$ prior to JaDWI%Y )., 1996. shall a.utbarize
21 Jb&al V""l...g. .': .... ,. . . . .
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MA VOR'S REPORTtID. Reviewing the City's Affordable Housing
Policy in reference to AS 1715.
· AS 1715 (Assemblyman Jan Goldsmith) was signed by
Governor on October 5, 1995.
· The bill, which takes effect on January 1, 1996 amends existing
Housing Element law, establishing a pilot program in San Diego
County that allows local governments within the jurisdiction of
SANDAG to self-certify compliance of their Housing Elements.
· In addition to self-certification, AS 1715 provides a mechanism
from which local jurisdictions can count the following types of
housing activities towards their portion of the Regional Fair
Share housing needs beyond the construction of new housing
units including:
a. Acquisition
b. Rehabilitation
c. Rental or ownership assistance
d. Preservation of the availability to lower income households
of affordable housing units in developments which are
assisted, subsidized, or restricted by a public entity and
which are threatened with imminent conversion to market
rate housing.
· Since SANDAG is just beginning to discuss implementation of
AS 1715 locally, I would like city.staff to provide Council with a
report reviewing our Affordable Housing Policy in reference to
AS 1715.
I hope to take our comments to the SANDAG Housing Element
Advisory Committee which has the task of implementing the bill
locally.
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November 14, 1995
TO: Juan Arroyo, Housing Coordinator
FROM: Gerald Young, Senior Management Assistant
SUBJECT: AB 1715 and Affordable Housing
Following a recent community meeting on affordable housing,
Councilman Alevy asked me about a bill recently signed by the
Governor wtiich designates San Diego County as a pilot project area
in affordable housing. He was particularly interested (as were the
people at the meeting) in whether the new law allowed for
affordable housing needs to be met at the citywide level rather
than as part of individual SPA plans.
I told him that AB 1715 did in fact designate San Diego County as
a self-certification area for housing elements, but that the main
goal was to replace state bureaucracy with SANDAG coordination. I
am unaware of any effects this might have on dispersion of
affordable housing, but said I would talk with you and get him an
answer.
Attached is a copy of the bill as signed and the most recent
legislative analysis on it. Please attach these in a response to
Councilman Alevy. Also, in your response please point out that
Chula vista took a position to support AB 1715 on 4/12/95.
JY
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INFORMATION MEMORANDUM
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October 27,1995
TO:
Honorable Mayor and City Council
VIA:
John D. Goss, City Manager
FROM:
Chris Salomone, Community Development Director
CSt
SUBJECT:
AS 1715 - Housing Element of the General Plan Reform Legislation
AS 1715 (Goldsmith) sponsored by the San Diego Association of Governments (SANDAG) and
drafted by the Housing Element Advisory Committee (HEACI, of which Honorable Mayor
Horton is a member, was signed by Governor Wilson on October 5, 1995.
Existing law requires each local jurisdiction to prepare and adopt a general plan for its
jurisdiction that includes certain mandatory elements, including a Housing Element, and gives
councils of governments specified responsibilities regarding the determination of housing need.
Existing law further requires each local jurisdiction consider advisory guidelines adopted by
the Department of Housing and Community Development (HCD) in the preparation of its
Housing' Element, and to submit a draft element or draft amendment to the department for
review. HCD then is responsible for reviewing each draft Housing Element and makes a
written finding as to whether the draft Housing Element complies with specified provisions
of law.
The bill, which will take effect on January 1, 1996, amends existing Housing Element law by
establishing a pilot program for the San Diego region that allows local governments within the
jurisdiction of SANDAG to self-certify the compliance of their Housing Elements with state law
if they meet certain performance standards. These performance standards still need to be
defined. The main purpose of the bill is to change the focus of Housing Elements from
"paper" production to "housing" production.
If a jurisdiction can self-certify that they meet the criteria described In the bill, their Housing
Elements will not require review by the California Department of Housing and Community
Development (HCDI, a process that Is complex, lengthy and expensive.
Toself-certify, a jurisdiction must hold a pUblic hearing and make findings that it has met all
of the following criteria:
1.
The jurisdiction's adopted Housing Element complies with state law, addressing
the housing needs of all income levels.
2.
The jurisdiction has met its needs for affordable housing as defined in the bill
and as determined by SANDAG, in consultation with the cities and County,
SANDAG's HEAC, the California HCD, and a qualified consultant.
0274- -tj
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The Honorable Mayor and City Council
Subject: AS 1715 - Housing Element
of the General Plan Reform Legislation
October 27, 1995
Page 2
3.
The jurisdiction provides a statement regarding its plans to disperse lower
income housing, taking into account the availability of public facilities and
services.
4.
The jurisdiction finds that no local government actions or policies prevent the
development of housing.
The bill was supported by 17 of the region's cities, the County of San Diego, North &In Diego
County Association of Realtors, and Legal Aid Society of San Diego, Inc.
In addition to the above, AS 1715 provides a mechanism from which local jurisdictions can'
count the following types of housing activities towards their portion of the regional fair share
housing needs beyond the construction of !!.!!Yl[ housing units:
AI
Acquisition
bl
Rehabilitation
cl
Rental or ownership assistance
dl
Preservation of the availability to lower income households of affordable
housing units in developments which are assisted, subsidized, or restricted by
a public entity and which are threatened with imminent conversion to market
rate housing
The above mechanism will allow local jurisdiction's to report in a more comprehensive fashion
their efforts to meet their portion of the fair share housing needs. For years now, local
jurisdictions have complained thatthe,constrllctionuof...neY'Lhousiog ,units is flOt the only
manner in wllTCtHomeefiegiorull housing needs. FUrthermClre, it is not always themost cost
e!fectlye. Qn4he:.:pHt,localjurisClictforls-Vijre only allowed to report new housina' uBit.~_
op!>ortunitles toward their fair share housing ne~ds) , -
AB 1715 is a graat step in the right direction and the HEAC in cooperation with SANDAG
staff deserve much recognition for their efforts, however, a lot of work and dedication still lies
ahead for the HEAC in the implementation of AB 1715.
IBMIDISK#l\Aa1715.MEM)
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November 10, 1995, Page 1
[A> <A]
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contains added text, and
contains deleted text.
California
1995 CA AB
Enacted
1995-96 Regular Session
1715
Goldsmith
CHAPTER 589
FILED WITH SECRETARY OF STATE OCTOBER 4, 1995
APPROVED BY GOVERNOR OCTOBER 4, 1995
PASSED THE ASSEMBLY SEPTEMBER 6, 1995
PASSED THE SENATE SEPTEMBER 1, 1995
AMENDED IN SENATE AUGUST 30, 1995
AMENDED IN SENATE JULY 12, 1995
AMENDED IN ASSEMBLY APRIL 26, 1995
AMENDED IN' ASSEMBLY APRIL 4, 1995
ASSEMBLY BILL No. 1715
CHAPTER 0
An act to add and repeal Section 65585.1 of the Government Code,
relating to housing elements.
LEGISLATIVE COUNSEL'S DIGEST
AB 1715, Goldsmith. Housing elements: self-certification.
Existing law requires each city and county to prepare and adopt a
general plan for its jurisdiction that includes certain mandatory
elements, including a housing element, and gives councils of
governments, as defined, for each city and county, specified
responsibilities regarding the determination of housing need. Existing
law further requires each city and county to consider advisory
guidelines adopted by the Department of Housing and Community
Development in the preparation of its housing element, and to submit a
draft element or draft amendment to the department for review. Under
existing law, the department is responsible for reviewin~ each draft
housing element, and making a written finding as to whether the draft
housing element complies with specified provisions of law.
This bill would authorize local governments within the jurisdiction
of the San Diego Association of Governments to submit a
self-certification of compliance to the department after the legislative
body holds a public hearing, as specified. By imposing new duties on
councils of governments with respect to establishment of
self-certification criteria, the bill would create a state-mandated
local program. The bill would make these provisions inoperative on June
30, 2009, and would repeal these provisions as of January 1, 2010.
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The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement,
including the creation of a State Mandates Claims Fund to pay the costs
of mandates that do not exceed $1,000,000 statewide and other procedures
for claims whose statewide costs exceed $1,000,000.
This bill would provide that no reimbursement is required for a
specified reason.
THE PEOPI,E OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) That the San Diego Association of Governments, the council of
governments in the San Diego region, serving as the Regional Planning
and Growth Management Review Board, has adopted a Regional Growth
Management Strategy, based on a voter-approved measure, that contains a
regional housing element consistent with Article 10.6 (commencing with
Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government
Code.
(b) That the Regional Growth Management Strategy has provided a
program for measuring local government housing needs performance.
(c) That for this reason the San Diego region is uniquely suited to
undertake a pilot program authorizing the local governments within the
jurisdiction of the San Diego Association of Governments, in conjunction
with the council of governments, the housing element advisory committee,
and the Department of Housing and Community Development to establish
performance standards for self-certification, and, if eligible, to
self-certify compliance of their adopted housing elements or amendments
in accordance with the criteria for self-certification.
SEC. 2. Section 65585.1 is added to the Government Code, to read:
65585.1. (a) The San Diego Association of Governments (SANDAG), if
it approves a resolution agreeing to participate in the
self-certification process, and in consultation with the cities and
county within its jurisdiction, its housing element advisory committee,
and the department, shall work with a qualified consultant to determine
the maximum number of housing units that can be constructed, acquired,
rehabilitated, and preserved as defined in paragraph (11) of subdivision
(e) of Section 33334.2 of the Health and safety Code, and the maximum
number of units or households that can be provided with rental or
ownership assistance, by each jurisdiction during the third and fourth
housing element cycles to meet the existing and future housing needs for
low and very low income households as defined in sections 50079.5,
50093, and 50105 of the Health and Safety Code, and extremely low income
households. The methodology for determining the maximum number of
housing units that can be provided shall include a recognition of
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November 10, 1995, Page 3
financial resources and regulatory measures that local jurisdictions can
use to provide additional affordable lower income housing. This process
is intended to identify the available resources that can be used to
determine the maximum number of housing units each jurisdiction can
provide. The process acknowledges that the need to produce housing for
low, very low, and extremely low income households may exceed available
resources. The department and SANDAG, with input from its housing
element advisory committee, the consultant, and local jurisdictions,
shall agree upon definitions for extremely low income households and
their affordable housing costs, the methodology for the determination of
the maximum number of housing units and the number each jurisdiction can
produce at least one year before the due date of each housing element
revision, pursuant to paragraph (3) of subdivision (e) of Section 65588.
If SANDAG fails to approve a resolution agreeing to participate in this
pilot program, or SANDAG and the department fail to agree upon the
methodology by which the maximum number of housing units is determined,
then local jurisdictions may not self-certify pursuant this section.
(1) The "housing element advisory committee" should include
representatives of the local jurisdictions, nonprofit affordable housing
development corporations and affordable housing advocates, and
representatives of the for-profit building, real estate and banking
industries.
(2) The determination of the "maximum number of housing units" that
the jurisdiction can provide assumes that the needs for low, very low,
and extremely low income households, including those with special
housing needs, will be met in approximate proportion to their
representation in the region's population.
(3) A "qualified consultant" for the purposes of this section means
an expert in the identification of financial resources and regulatory
measures for the provision of affordable housing for lower income
households.
(b) A city or county within the jurisdiction of the San Diego
Association of Governments that elects not to self-certify, or is
ineligible to do so, shall submit its housing element or amendment to
the department, pursuant to Section 65585.
(c) A city or county within the jurisdiction of the San Diego
Association of Governments that elects to self-certify shall submit a
self-certification of compliance to the department with its adopted
housing element or amendment. In order to be eligible to self-certify,
the legislative body, after holding a public hearing, shall make
findings, based on substantial evidence, that it has met the following
criteria for self-certification:
(1) The jurisdiction's adopted housing element or amendment
substantially complies with the provisions of this article, including
addressing the needs of all income levels.
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November 10, 1995, Page 4
(2) For the third housing element rev1s1on, pursuant to section
65588, the jurisdiction met its fair share of the regional housing needs
for the second housing element revision cycle, as determined by the San
Diego Association of Governmenta.
In determining whether a jurisdiction has met its fair share, the
jurisdiction may count each additional lower income household provided
with affordable housing costs. Affordable housing costs are defined in
section 6918 for renters, and in section 6925 for purchasers, of Title
25 of the California Code of Regulations, and in Sections 50052.5 and
50053 of the Health and Safety Code, or by the applicable funding source
or program.
(3) For subsequent housing element revisions, pursuant to section
65588, the jurisdiction has provided the maximum number"of housing units
as determined pursuant to subdivision (a). within the previous planning
period.
(A) The additional units provided at affordable housing costs as
defined in paragraph (2) in satisfaction of a jurisdiction's maximum
number of housing units shall be provided by one or more of the
following means:
(i) New construction.
(ii) Acquisition.
(iii) Rehabilitation.
(iv) Rental or ownership assistance.
(v) Preservation of the availability to lower income households of
affordable housing units in developments which are assisted, subsidized,
or restricted by a public entity and which are threatened with imminent
conversion to market rate housing.
(B) The additional affordable units shall be provided in approximate
proportion to the needs defined in paragraph (2) of subdivision (a).
(4) The city or county provides a statement regarding how its
adopted housing element or amendment addresses the dispersion of lower
income housing within its jurisdiction, documenting that additional
affordable housing opportunities will not be developed only in areas
where concentrations of lower income households already exist, taking
into account the availability of necessary public facilities and
infrastructure.
(5) No local government actions or policies prevent the development
of the identified sites pursuant to section 65583, or accommodation of
the jurisdiction's share of the total regional housing need, pursuant to
section 65584.
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November 10, 1995, Page 5
(d) When a city or county within the jurisdiction of the San Diego
Association of Governments duly adopts a self-certification of
compliance with its adopted housing element or amendment pursuant to
subdivision (c), all of the following shall apply:
(1) section 65585 shall not apply to the city or county.
(2) In any challenge of a local jurisdiction's self-certification,
the court's review shall be limited to determining whether the
self-certification is accurate and complete as to the criteria for
self-certification. Where there has not been a successful challenge of
the self-certification, there shall be a rebuttable presumption of the
validity of the housing element or amendment.
(3) within ~ix months after the completion of the revision of all
housing elements in the region, the council of governments, with input
from the cities and county within its jurisdiction, the housing element
advisory committee, and qualified consultant shall report to the
Legislature on the use and results of the self-certification process by
local governments within its jurisdiction. ~his report shall contain
data for the last planning period regarding the total number of
additional affordable housing units provided by income category , the
total number of additional newly constructed housing units, and any
other information deemed useful by SANDAG in the evaluation of the pilot
program.
(e) This section shall become inoperative on June 30, 2009, and as
of January 1, 2010, is repealed, unless a later enacted statute, which
is enacted before January 1, 2010, deletes or extends that date.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district are
the result of a program for which legislative authority was requested by
that local agency or school district, within the meaning of Section
17556 of the Government Code and Section 6 of Article XIIIB of the
California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become operative
on the same date that the act takes effect pursuant to the California
Constitution.
END OF REPORT
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November 10, 1995, Page 6
(MOST RECENT COMMITTEE ANALYSIS)
SENATE RULES COMMITTEE
Office of Senate Floor Analyses
1020 N Street, suite 524
(916) 445-6614 Fax: (916) 327-4478
THIRD READING
Bill No:
Author:
Amended:
Vote:
AB 1715
Goldsmith (R)
8/30/95 in Senate
21
SUBJECT: Housing elements: self-certification
SOURCE: San Diego Association of Governments
DIGEST: This bill permits local governments within the jurisdiction of the
San Diego Association of Governments (SANDAG) to submit a self- certification
of compliance to the Department of Housing and Community Development (HCD)
after the legislative body holds a public hearing, as specified.
Senate Floor Amendments of 8/30/95:
1. Modify the self-certification criteria by requ1r1ng a city or
county's housing element to substantially comply with the housing
element requirements, and that no local government actions or policies
prevent the development of identified sites, or accommodation of the
jurisdiction's total regional housing needs.
2. Clarify that "affordable housing costs" are defined in Section
6918 for renters, and in Section 6925 for purchasers, of Title 25 of
the California Code of Regulations, and in Sections 50052.5 and 50053
of the Health and Safety Code, or by the applicable funding source or
program.
3. Specify that Section 65585.1, which authorizes the SANDAG pilot
program, be repealed on January 1, 2010; instead of June 30, 2009.
4. Make numerous technical changes.
ANALYSIS: Each city and county must prepare and adopt a general plan to guide
the future growth of a community. Every general plan must contain seven
elements: land use, circulation, housing, conservation, open-space, noise,
and safety.
A housing element must identify and analyze existing and projected housing
needs, and must contain goals, policies, quantified objectives, financial
resources, and scheduled programs for the preservation, improvement, and
development of housing. It must identify adequate sites for housing, including
rental housing, factory-built housing, and mobilehomes, and make adequate
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November 10, 1995, Page 7
provision for the existing and projected needs of all economic segments of
the community.
Housing element law requires a five-year schedule of actions program to
implement the policies and achieve the goals and objectives of the housing
element. The program must identify adequate housing sites for all income
levels, assist in the development of low- and moderate-income households,
remove governmental constraints, conserve and improve existing affordable
housing, and promote housing opportunities for all persons.
cities and counties must submit their draft housing elements to HCD for
review before adoption. HCD has 45 days to review a draft housing element and
determine if it substantially complies with the law. Based on HCD's review, a
city councilor county board of supervisors must either change the draft
element before adopting it or make findings explaining why the document
complies with state law, despite HCD's comments.
cities and counties have a hard time complying with housing element
requirements; approximately 52 percent comply. San Diego area housing
officials want to encourage cities and counties to comply with housing
element law by establishing a pilot self-certification process for housing
elements.
This bill allows the San Diego Association of Governments (SANDAG), in
consultation with its housing element advisory committee, cities and counties
within its jurisdiction, and the Department of Housing and community
Development (HCD), to participate in a self-certification process. SANDAG
must work with a qualified consultant to determine a performance standard for
each city and county. SANDAG must determine the maximum number of lower
income units that can be constructed, acquired, rehabilitated, and preserved,
and units or households that can be provided with rental or ownership
assistance. Each jurisdictions' financial resources and regulatory measures
must be recognized.
This bill allows a city or county within the SANDAG region to self-certify
its housing element after holding a public hearing and satisfying the
following criteria:
1. It adopts a housing element.
2. Before the third housing element rev~s~on, it must meet its fair
share of regional housing needs for the second housing element
revision cycle.
3. For subsequent housing element cycles, it must meet its regional
housing needs as determined by SANDAG, its housing element advisory
committee, cities and counties, and HCD.
4. It provides a statement that the dispersion of lower-income
housing is not being concentrated in areas where high concentrations
of lower-income housing already exist.
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November 10, 1995, Page 8
When a city or county self-certifies their housing element, the bill
specifies:
1. In any action filed on or after January 1, 1996 to challenge the
validity of an adopted housing element or amendment, there shall be a
rebuttable presumption of the validity of the element or amendment if
the jurisdiction has self-certified.
2. Cities and counties that self-certify don't have to submit their
housing elements to HCD for review.
The bill also requires the council of governments to report to the
Legislature on the self-certification process within six months after all
cities and counties within the region completes their housing elements.
The bill specifies that the provisions authorizing the SANDAG pilot program
be repealed on January 1, 2010.
Related Legislation
SB 1073 (Costa). Reduces the data collection requirements of housing
elements; allows subregional allocations; revises the fair-share allocation
process to require councils of governments (COG's) to consider local general
plans, and HCD or the COG's must hold a public hearing before deciding fair-
share allocations; establishes a self-certification process; and requires HCD
to provide all necessary forms to facilitate housing element preparation, -
adoption and implementation. SB 1073 is in the Assembly Local Government
Committee and is a two-year bill.
SB 936 (Campbell). Allows cities and counties to count rehabilitated units
and special needs housing; require HCD and COG's to hold a public hearing to
allow local government input before they determine the allocation; allows
sub- regional allocations; and establishes an independent appeal process. SB
936 passed the Senate 38-0 and is in the Assembly Appropriations Committee.
AB 1731 (Goldsmith). Allows cities and counties to identify adequate sites by
including general plan amendments, zoning ordinances, pre-zoning, rezoning,
annexations, incentive programs, and redevelopment. On Senate Inactive File.
FISCAL EFFECT: Appropriation: No Fiscal Com.:- Yes Local: Yes
SUPPORT: (Verified 8/30/95)
San Diego Association of Governments (source)
County of San Diego
North San Diego County Association of Realtors
League of California cities
Legal Aid society of San Diego
California Building Industry Association
cities of San Diego, Poway, Coronado, Del Mar, Carlsbad, EI Cajon,
Encinitas, Escondido, La Mesa, National City, San Marcos, Solano Beach,
Vista, Chula vista, Imperial ~cach, Oceanside
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ARGUMENTS IN SUPPORT: Proponents argue the current housing element law is a
cumbersome, difficult, expensive and time-consuming process which does little
to actually promote the creation of housing necessary for the persons who
live and who will leave in each city or county of the state.
Local officials are frustrated with HCD's inflexible requirements, which are
impossible to meet. The current housing element law emphasizes the
preparation of a "planning document" instead of "housing production." To
encourage cities and counties to comply with housing element law, San Diego
area housing officials say that a self- certification process is appropriate.
This bill establishes a pilot program to allow cities and counties within
SANDAG to self-certify their housing elements.
Proponents state that San Diego is in a unique position to explore
alternative methods of creating what could and should be an important
component of a community's general plan. It is a single county council of
government. The cities in San Diego County and the county itself have been
involved in a serious discussion through a broad-based housing task force
which makes it clear that the goal of an efficient, pro-housing planning
process is a matter of significant consensus.
END OF REPORT
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BOARD/COMMISSION/COMMITTEE APPLICATION
l'/H3e IndlctJle Your llI1_t By Checking tire ApproprltJIe Une(s).
(f YOII Check Mon '17ton One Une, Pkase Prlorltlu Your llI1_t.
_ Allin. (Cmsm on)
_ Appeals (Board of)
~ Charter Review
_ Child Care Cmsm
_ Civil Service Cmsm
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_ Desip Review Cmsm
_ Eoonomic Dev Cmsm
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_ Growth M,mt Cmsm
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V IIlt'l Frieadship Cmsm
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_ Pub &. Rae Cmsm
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_ OTHER
PLEASE PRINT CLEARLY
NAME: ,.q N 'T l-l 0 to '/ (' I 0 --rr i
HOME ADDRESS:
RES PHONE/I:~US PHONE I:
-
CITY: C. V. ZIP: q 1 '7 i' D
REGISTERED VOTER IN CHULA VISTA:L '
YBS NO
';<'/ '12..- YGARS
HOW LONG?
DO YOU LIVE WITHIN THE CITY LIMITS OF CHULA VISTA? -L
YES
NO
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coLLEGES ATTENDED&. DEGREES HELD: S. VJ Coc..U:<n~-) &l..tDu:GO STAre
PRESENT EMPLOYER: 1ft T I ~ G7) -
POSITION:
WHAT ARE YOUR PRINCIPAL AREAS OF INTEREST IN OUR CITY GOVERNMENT AND WHAT EXPERlENCE(S) OR
SPECIAL KNOWLEDGE CAN YOU YOU BIllNG TO THOSE AREAS? ..
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WHAT WOULD YOU HOPE TO ACCOMPUSH BY YOUR PARTICIPATION?
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SIONA:
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DATE
Rw 1119/94 ... PLEASE SEE THE REVERSE SlOE OF THIS Al'PLICATION FOR VERY IMPORTANT LEGAL INFORMATION. · ·
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RESOLUTION NO. 'j J )
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $334,340.16 FOR
LITIGATION COSTS
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby appropriate $334,340.16 from the
unappropriated balance of the General Fund into Account 100-0150-
5202 to pay for additional litigation costs.
BE IT FURTHER RESOLVED that the City Attorney is hereby
authorized to spend on legal services what is necessary without
regard to the constraints of the Purchasing Manual as he deems
advisable and to provide notice by informational memo to the city
Council.
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