HomeMy WebLinkAboutRDA Packet 1996/12/10
Notice is hereby given that the Chairman of the Redevelopment Agency has called and will convene a special joint
meeting of the Redevelopment Agency/City Conncil on December 10, 1996, at 6:00 p.m., immediately following
the regular City Conncil meeting, in Council Chambers, located in the Public Services Building, 276 Fourth
Avenue, Chula Vista, California to consider, deliberate and act upon the following:
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Tuesday, December fl}, 1i@~ <" "', ., ~, ' , ' Council Chambers
6:00 p.m. ~"",'ED f.'tJ Public Services Building
(immediately following the City Council meeting) - -"
Special Joint Meeting of the Redevelopment Agencv/Council of the Citv of Chula Vista
CALL TO ORDER
1. ROLL CALL: Agency Members Moot -' Padilla -'
Rindone -' Salas -' and Chair Horton -
2. APPROVAL OF MINUTES: September 17, 1996 (Joint Meeting); November 19, 1996 (Joint
Meeting); November 26, 1996 (Special Joint Meeting)
BUSINESS
The following item(s) will be considered, deliberated, and acted upon by the Redevelopment Agency. If you wish
to speak to any item described in the Agenda before or during consideration of that item, please fill out the
"Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or
the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation;
complete the pink form to speak in opposition to the staff recommendation.) Comments are limited to five
minutes per individual.
3. PUBLIC HEARING: TO DISCUSS THE AFFORDABLE HOUSING PROPOSAL FOR THE
RANCHO DEL REY SPA III--Staff requests that this item be continued to
the Redevelopment Agency meeting on December 17, 1996. (Community
Development Director)
4. PUBLIC HEARING: SUPS-96-08 - REQUEST TO ESTABLISH, OPERATE AND MAINTAIN
AN OPEN AIR MARKET AT 690 L STREET IN THE IL AND IL-P
ZONES - APPLICANT: VICTOR JOSEPH--The applicant is requesting
permission to establish, operate and maintain an open air market at 690 L
Street in the Limited Industrial and Limited Industrial - Precise Plan zones for
a period of 12 to 18 months. The project site is described as approximately
144,000 sq. ft. in size. Approximately 100,000 sq. ft. will be used for the
market area and 44,000 sq. ft. for parking. No permanent buildings will be
built as part of the project. Several temporary buildings will be placed on-site.
Staff recommends approval of the resolution denying the application.
(Director of Community Development)
AGENCY
RESOLUTION 1523 DENYING A REQUEST FOR A SPECIAL USE PERMIT FOR AN
OPEN AIR MARKET PROPOSED TO BE LOCATED AT 690 L
STREET
Agenda -2- December 10, 1996
5. JOINT
COUNCIL
RESOLUTION 18503
AGENCY
RESOLUTION 1522 APPROVING A CONTRACT WITH THE LAW OFFICE OF BOB
WILSON FOR LEGISLATIVE REPRESENTATION FOR THE 1997-98
LEGISLATIVE SESSION, AND AUTHORiZING THEMA YOR (CHAIR)
TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF
CHULA VISTA (REDEVELOPMENT AGENCY)--On 12/31/96, the current
agreement with Advocation, Inc. expires. That agreement provided for two
2-year extensions to coincide with the State legislative sessions, both of which
were granted. In anticipation of the year-end expiration of that contract, the
City issued a Request for Proposals on 9/20/96 for qualified firms for
legislative representation for the period 1/1197 to 12/31/98, with the resulting
recommendation forwarded on 11/26196 to execute a new contract with
Advocation. At that meeting, Council instead directed staff to negotiate a
contract with Bob Wilson. Staff recommends approval of the resolutions.
(Community Development Director)
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within
the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the
Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications
Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or 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.
OTHER BUSINESS
6. DIRECTOR'S/CITY MANAGER'S REPORT(S)
7. CHAIR'S/MAYOR'S REPORTCS)
8. AGENCY/COUNCIL MEMBER COMMENTS
ADJOURNMENT
The meeting will adjourn to the Regular Redevelopment Agency Meeting on December 17, 1996 at 6:00 p.m.,
immediately following the City Council meeting, in the City Council Chambers.
[M: \HOME\COMMDEV\AGENDAS\12-1 0-96.AGD]
MINUTES OF A JOINT MEETING OF THE CITY COUNCILlREDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
Tuesday, September 17, 1996 Council Chambers
8:27 p.m. Public Services Building
1. ROLL CALL:
PRESENT: Conncil/Agency Members Alevy, Moot, Rindone, and Mayor/Chair Horton.
ABSENT: Conncill Agency Member Padilla.
ALSO PRESENT: John D. Goss, City ManagerlDirector, Ann Moore, Acting City/Agency
Attorney; and Beverly A. Authelet, City Clerk.
MSC (RindonelHorton) to excuse Council/Agency Member PadiIla's absence, approved 4-0-1 with Padilla
absent.
2. APPROVAL OF MINUTES: July 23, 1996 (Special Meeting); August 6, 1996 (Regular Joint
Agency/Council Meeting)
MSC (Alevy/Rindone) to approve the minutes of July 23, 1996 (Special Meeting) and August 6, 1996 (Regular
Joint Meeting of the Council/Agency) as distributed, approved 4-0-1 with Padilla absent.
CONSENT CALENDAR
(Items pulled: None)
CONSENT CALENDAR OFFERED BY MAYOR HORTON, INCLUDING THE CONTINUATION OF
ITEM 4.b. AGENCY RESOLUTION 1515 TO OCTOBER 1, 1996, reading of the text was waived, headings
read, and approved 4-0-1 with Padilla absent.
3. WRiTTEN COMMUNICATIONS: None
4.a. AGENCY RESOLUTION 1514 AMENDING THE OWNER PARTICIPATION AGREEMENT
WITH JOHN SEXTON SAND & GRAVEL CORP. DATED MARCH 19, 1996 FOR THE DEVELOPMENT
OF A TRASH TRANSFER FACILITY AT 1855 MAXWELL ROAD WITHIN THE OT A Y VALLEY ROAD
REDEVELOPMENT PROJECT AREA TO INCORPORATE A PROJECT PHASING PLAN, ADDITIONAL
CONDITIONS AND EXTEND THE EFFECTIVE DATE OF THE AGREEMENT--In order to meet current
market conditions, John Sexton Sand & Gravel has proposed to phase construction of their proposed trash transfer
facility now, and expand in the future as the volume of trash processed at the facility increases. Sexton has
submitted pbasing plans to City staff and the Design Review Committee. Sexton has also requested extension of
their Special Land Use Permit for development of the project to be coterminous with the Owner Participation
Agreement. Staff recommends approval of the phasing plans as approved by the Design Review Committee and
adoption of the resolutions. (Community Development Director)
b. AGENCY RESOLUTION 1515 AMENDING THE SPECIAL LAND USE PERMIT FOR THE
ESTABLISHMENT OF A MATERIALS RECOVERY FACILITYITRASH TRANSFER STATION AT 1855
MAXWELL ROAD, DATED MARCH 19, 1996, TO EXTEND THE PERMIT - Continued to the meeting
of 10/1/97.
Fred Kassman, Redevelopment Coordinator, stated that staff was requesting that Item 4.a be acted upon this
evening, but that 4.b be continued to the meeting of 10/1196.
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Minutes
September 17, 1996
Page 2
Conncill Agency Member Rindone thought it was a fair assessment that the potential break up of the Solid Waste
Authority could have a debilitating affect on the physical soundness of the County. He was concerned with the
scaled down proposal. He thought they may want to re-look at the information before them, because the alternative
may become exceedingly critical in a much closer scenario of time than they had anticipated. When they were
looking at problems as far back as three and a balf years ago, they did not bave a viable alternative and were really
at the whims of the determination of tipping fees for the County system with no alternative to the City. Other cities,
including Oceanside, Escondido and EI Cajon, have found other alternatives and at this point in time they were still
looking at the County system, but if their tipping fee rate cbanges substantially because the Solid Waste Authority
does not materialize or tbe transfer of power does not take place, then it becomes even more of a time sensitive
issue. He asked staff to re-look at that with the applicant because time was money and they do have the lowest rates
but are not going to have the lowest rates and maintain that if the City does not have viable alternatives should the
Connty system become mal functional or if they retorn to substantially higher tipping fees.
5. AGENCY RESOLUTION 1516 APPROVING AN OWNER PARTICIPATION AGREEMENT
(NUMBER TCI/OPA 96-1) WITH MR. VINOD AND SAILAJA KURUV ADI FOR THE REMODELING OF
THE BUILDING AT 215 THIRD A VENUE--Mr. and Mrs. Kuruvadi are proposing to convert the existing single
family residence currently used as an acconntant's office into a dentist office. The Design Review Committee bas
reviewed and recommended approval of the project. Staff recommends adoption of the resolution subject to the
conditions listed in the Owner Participation Agreement. (Community Development Director)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
6. PUBLIC HEARING TO CONSIDER DRC-96-42; MODIFICATIONS FROM THE OTAY
INDUSTRiAL PARK PRECISE PLAN GUIDELINES FOR PICK-YOUR-PART AUTO RECYCLERS
LOCATED AT 880 ENERGY--Pick-Your-Part Auto Recyclers plan to make extensive improvements to the
frontage of the parcel they lease within the Otay Valley Road Redevelopment Project Area. However, a 65 sq. ft.
sign and a 10 ft. high steel fence for security purposes, as proposed, are not allowed under the precise plan for the
industrial park. The Redevelopment Agency is requested to bold a public hearing and adopt the Design Review
Committee's recommendations to approve the modifications from the Dtay Industrial Park Precise Plan for Pick-
Your-Part Auto Recyclers and, furtber, direct staff to amend the Precise Plan Guidelines to allow a larger sign area
and a greater variety of fencing materials. Staff recommends approval of the resolution. (Community Development
Director)
AGENCY RESOLUTION 1517 APPROVING DRC-96-42INCLUDINGMODIFICATIONS FROM
THE OTAY INDUSTRiAL PARK PRECISE PLAN GUIDELINES
Mr. Kassman presented the staff report.
This being the time and place as advertised, the public hearing was declared open. There being no public testimony,
tbe public hearing was declared closed.
AGENCY RESOLUTION 1517 OFFERED BY COUNCIL/AGENCY MEMBER RlNDONE, reading of the
text was waived, heading read.
Council/Agency Member Alevy said that he had looked at the site and was a little confused by the verbiage in the
motion. It stated tbat there was a stucco fence on the front and steel fencing in the back, which he had no problem
with. It also stated that there would be a stucco fence to both the western and eastern end of the parking lot, but
it looked to him like tbe parking lot was at the western end.
Mr. Kassman responded that there was an error in the staff report. There was no stucco fence on the western end,
because the parking lot was on the boundary of the property.
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Minutes
September 17, 1996
Page 3
8 Jim Cook, representing Pick-Your-Parts, stated that a sign would be at the end of the cul-de-sac which was the
only place the sign wonld have the best visibility and that there would be a small entrance monument.
CouncillAgency Member Alevy thougbt tbe sign not being by the entrance to the business would be a little
misleading to people and felt it not appropriate that the sign would be in front of a someone else's business. He
thought people went to Energy Way a reason.
Council/ Agency Member Moot asked if the public hearing was noticed and if other people in the area contacted staff
with any input or requesting that they be given the opportunity to do similar signage.
Mr. Kassman responded that staff was contacted by another major operator who claimed to speak for a number of
the owners in the area, and he indicated that he supported the action and subsequent actions to amend the Precise
Plan Guidelines because he would like the same opportunity to improve his signage.
Conncill Agency Member Moot stated that applicants should not be aiiowed to put up illegal signs on their premises
pending a variance being granted and thought a condition of granting any variance should be that there would be
no illegal signs in place while they are pending that application and approval.
MSC (Alevy/Alevy) to add as a friendly amendment that all illegal signs related to this business be removed
before staff allows the applicant to move forward with putting up the signs that Council was voting on.
Council/ Agency Member Alevy asked if there was any kind of milestones on the landscape installation.
Mr. Kassman responded that the applicant would try to start to get the landscape started before the rainy season
which means it will begin the end of October or the beginning of November and probably be fmished by the
beginning of the new year.
8 Michael Schrock, Topia Associates Landscape Architects, representing Pick-Your-Part, stated that the illegal
signs were only temporary until the permanent signs could be installed. They have been in the process of getting
the sign approved since they've been in business. The reason it has taken so long was because they were trying
to get a sign that people could see over tbe existing vegetation because they did not want to take out any of the
existing pine trees.
VOTE ON AGENCY RESOLUTION 1517 AND MOTION: approved 4-0-1 with Padilla absent.
7. PUBLIC HEARING TO CONSIDER THE SALE OF SPACE 145 AT ORANGE TREE
MOBILEHOME PARK-On 7/16/96, the Agency adopted Resolution 1506 authorizing the sale of Space 145 at
Orange Tree Mobilehome Park located at 521 Orange Avenue. On 7/30/96, the offer was withdrawn. The Agency
has received a new offer to purchase this space for the appraised value of $30,000. Staff recommends adoption of
the resolution. (Community Development Director)
AGENCY RESOLUTION 1518 AUTHORIZINGTHECOMMUNITYDEVELOPMENTDIRECTOR
TO EXECUTE A PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS FOR SPACE 145 AT
ORANGE TREE MOBILEHOME PARK
This being the time and place as advertised, the public hearing was declared open. There being no public comment,
the public bearing was declared closed.
AGENCY RESOLUTION 1518 OFFERED BY COUNCIL/AGENCY MEMBER RlNDONE, reading of the
text was waived, heading read, and approved 4-0-1 with Padilla absent.
8. PUBLIC HEARING TO CONSIDER ADOPI'ION OF THE 1996-97 REDEVELOPMENT
AGENCY BUDGET AND APPROPRIATING FUNDS THEREFOR--The Redevelopment Agency budget was
approved by the City Council as part of the City budget process, but still requires the formal adoption by the
Agency Board. Staff recommends the Dublic hearilll! be continued to 10/1196. (Community Development
Director)
MSC (Horton/Moot) to continue the public hearing to 10/1196, approved 4-0-1 with Padilla absent.
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September 17, 1996
Page 4
ORAL COMMUNICATIONS - None.
ACTION ITEMS
9. REPORT STATUS OF FAMILY FUN AND RECREATION CENTER PROJECT AND
PRESENTATION OF PRELIMINARY ALTERNATIVE PROPOSALS FOR THE LOWER SWEETWATER
VALLEY AREA AT THE SOUTHWEST QUADRANT OF SR-54 AND I-805--An Exclusive Negotiation
Agreement (ENA) by and between Pacific Malibu Development Corporation, Warner Properties and
Council/Agency expired on March 15, 1995, and accordingly does not bind any party thereto. Since that time, staff
has been working with the developer to complete development agreement negotiations and have recently been
approacbed by several other parties interested in pursuing other alternative proposals for the site. It is recommended
that Conncil hear the report and approve staffs recommendations. (Community Development Director)
Chris Salomone, Director of Community Development, stated that due to a new developing proposal, the applicants
are requesting that this item be continued to 10/15/96.
MSC (HortonlRindone) to continue this item to 10/15/96, approved 4-0-1 with Padilla absent.
10. REPORT REVIEW OF SEMI EXCLUSIVE NEGOTIATING AGREEMENT WITH E
STREET TROLLEY SQUARE, LLC FOR THE DEVELOPMENT OF A SHOPPINGIENTERTAINMENT
CENTER BETWEEN E AND F STREETS WEST OF WOODLAWN A VENUE, AND ISSUING
INSTRUCTIONS TO NEGOTIATORS--The proposed shopping and entertaimnent center site incorporates the
City's Public Services Yard and reconfigures the E Street Trolley Station. Staff recommends the Redevelopment
Agency defer furtber negotiations on this project until more information is available concerning the status of the
Public Works Yard and development of the Bayfront. (Community Development Director)
Mr. Salomone stated staff bad received a request in writing by the applicant to continue this item to 1011196 in order
to attempt to re-negotiate some key points.
MSC (HortonlRindone) to continue this item to 10/1196, approved 4-0-1 with Padilla absent.
ITEMS PULLED FROM THE CONSENT CALENDAR - None.
OTHER BUSINESS
11. CITY MANAGER'SIDIRECTOR'S REPORT(s) - None.
12. MA YOR'S/CHAIR'S REPORT/S) - None.
13. COUNCIL/AGENCY MEMBER COMMENTS
- None.
ADJOURNMENT
Meeting adjourned at 8:57 p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC/~, City Clerk
by:
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MINUTES OF THE JOINT MEETING OF THE
REDEVELOPMENT AGENCY/CITY COUNCIL OF THE CITY OF CHULA VISTA
Tuesday, November 19, 1996 Conncil Chambers
6:30 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL: Agency/Councilmembers Scott D. Alevy, John S. Moot, Stephen S. Padilla, Jerry R.
Rindone, and Chair/Mayor Shirley A. Horton.
ALSO PRESENT: John Goss, City Manager; Ann Moore, Acting City Attorney; Beverly A. Authelet, City
Clerk; and Patricia Scbwenke, Deputy City Clerk.
2. APPROVAL OF MINUTES: August 20, 1996 (Joint Meeting); October 1, 1996 (Special Joint Meeting);
October 8, 1996 (Special Joint Meeting); and October 15, 1996 (Joint Meeting).
MSUC (AlevylHorton) to approve the minutes of August 20, 1996, October 1, 1996, October 8, 1996, and
October 15, 1996; Rindone abstained on the 10/8/96 (special joint meeting) minutes.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
3. 'pUBLIC HEARING SUPS-95-02 - REQUEST TO CONSTRUCT AND OPERATE A MUNICIPAL
WASTE TRASH TRANSFER STATION AND MATERIAL RECOVERY FACILITY AT 187 MACE
STREET - MACE STREET TRANSFER STATION, INC.-- The applicant is requesting approval of a Special
Land Use Permit to construct and operate a municipal waste trash transfer station and material recovery
facility in the Limited Industrial - Precise Plan Zone. Staff recommends approval of the resolution denying
the application to construct and operate a trash transfer/material recovery facility at this site. (Community
Development Director)
AGENCY RESOLUTION XXXX DENYING A SPECIAL USE PERMIT FOR A MUNICIPAL SOLID
WASTE TRANSFER STATION AND MATERIALS RECOVERY FACILITY AT 187 MACE STREET
MSUC (Horton/Alevy) to continue to the meeting of 1/21/97.
ORAL COMMUNICATIONS
None.
ACTION ITEMS
4. REPORT STATUS OF FAMILY FUN AND RECREATION CENTER PROJECT AND PRESENTATION
OF PRELIMINARY ALTERNATIVE PROPOSALS FOR THE LOWER SWEETWATER VALLEY AREA
AT THE SOUTHWEST QUADRANT OF SR-54 AND I-805--An Exclusive Negotiation Agreement (ENA) by
and between Pacific Malibu Development Corporation, Warner Properties and CounciIlAgency expired on
March 15, 1995, and accordingly does not hind any party thereto. Since that time, staff had completed
development agreement negotiations; however, the developer has not filed the necessary entitlement
applications for the project. Staff has been approached by several other parties interested in pursuing other
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Minutes
November 19, 1996
Page 2
alternative proposals for the site. It is recommended that Council hear the alternative proposal applicants
and approve staff's recommendation. (Community Development Director) Item continued from the meetil1!!
of 10/15/96.
Lyle Haynes, Principal Community Development Specialist, gave a status report on the potential future development
of the lower Sweetwater Valley area. Staff operated nnder an Exclusive Negotiating Agreement with Warner
Properties and Pacific Malibu Development Corporation for the purpose of developing a family fun center project
and additional recreational facilities. The developer has been unable to file the appropriate applications for the
project, and staff was compelled to bring this item before Council in order to provide additional information to the
public and bear from potential proposers who were interested in alternative developments for the lower Sweetwater
Valley area.
8 Cheryl Cox, 647 Windsor Circle, Chula Vista, CA, representing Warner Properties, indicated tbat Pacific
Malibu and Warner Properties bave been unable to resolve their differences and as much as eacb entity wants to
pursue a family recreation center in this vicinity, unless they come to some resolution, the project cannot be
pursued. She believes the City would be missing an opportunity if they didn't take advantage of looking at this
parcel for recreation in a productive and positive environment. She did not believe Pacific Malibu and Warner
Properties would be able to work out an agreement; therefore, she requested for Council to consider option #4 of
the staff report, whicb allows staff to give further consideration for recreation on the west side of Chula Vista with
respect to this property.
8 Arthur Hodges, 18 Las Flores Drive, Chula Vista, CA, stated for the past 12 years, he has served as Pastor of
the Soutb Bay Pentecostal Church, and the church has expanded over the years to 1,000 members. He previously
met with tbe City's Community Development Department and neigbbors to foster tbe idea of developing this
property compatible with all needs. He proposed the Christian Community Center of Chula Vista to be located in
the lower Sweetwater Valley area.
The Christian Community Center of Chula Vista best fulfills the mission statement of the City's Community
Development Department. He would like to create public and private partnerships to develop recreational, cultoral,
educational and social amenities. They are teaming up with the City and neigbborbood business leaders to design,
plan and build a future for our children. Concerning recreational needs, the Center would provide a one-mile green
belt with walking/jogging paths surronnding the entire 38-acre project, two softball fields, a regulation-size soccer
field encircled by a running track, three teunis courts, three volleyball courts, and a gymnasium which would
include two basketball courts, two racquetball courts, an enclosed swimming pool with separate dressing rooms.
The cultural aspect is fulfilled because the church is a multi-national congregation reflecting the demographics of
tbe area. The church presently conducts services in English, Spanisb and Tagalog. A state of the art auditorium
would be constructed to bost dramas, musicals, recitals and other special presentations besides regular worship
services. The educational aspects are fulfilled by including a conferencelretreat center, a pre-school/after care
facility, Christian academy and seminary. It would be the first of its kind and would be the source of an interactive
Internet satellite campus. The social aspects of tbe project are fulfilled by the Center providing wedding and
banquet facilities, a commercial kitcben, gazebo, and picnic areas to be used by the local community and other
events hosted on this property.
The Center continues to fulfill the mission statement to develop financing and provide affordable housing
opportunities such as dormitory-style housing for up to 200 seminarians, including staff. The Center would also
provide assistance to local non-profit organizations working to meet diverse community needs. They work to meet
diverse needs in the community such as providing the only South Bay 24-hour Teen Crisis Hotline, sponsoring
Chula Vista's Harvest Fest, conducting Alcohol Chemical Treatment Series which is one of three court-approved
programs, and hosting the Christian Service Training Institute.
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Minutes
November 19, 1996
Page 3
The Center promotes a business environment conducive to generating local tax revenue, employment opportunities
and a balanced community. By hosting several conferences each year, this would bring in hundreds of out-of-town
leaders who will use local hotels, restaurants and businesses in the Chula Vista area. The Center would be ideal
in changing this property to a beautiful park-like setting that could enhance surrounding neighborhoods and
potentially increase property values. It would have the lowest negative impact with the highest positive yield with
less than 3 acres of building constructed, leaving over 35 acres of open space recreational areas. This proposal best
catches the spirit of Chula Vista by balancing City needs, neighborhood concerns, and providing needed recreational
facilities. The predominate traffic for this project would be on Snnday, which is the least traffic day of the week,
and a church atmosphere is a crime suppressant for the neighborhood. He sbowed a video tape sbowing people who
supported the project, and stated the project is compatible with the KOA campground because the types of
conventions and worship retreats would primarily be church related, and many of the people attending the meetings
would arrive in RV's. A 60-foot easement from Second Avenue along the river would be adequate for ingress and
egress purposes, and the jogging and pedestrian trail would be available at all times to the general public.
. Ted Bell, 111 North Second Avenue, Chula Vista, CA, representing KOA, met with neighbors to develop a plan
and most supported the proposal to expand KOA's campgronnd. This open land is the last one of the Sweetwater
Valley. The expansion plan will create the least impact to the neighborhood, significant financial benefit to the City,
and would leave most of the property as open space.
The KOA plan consists of 18 acres with three elements. The first element is 1-112 acres or 10 percent of the
property in the area to add science and recreation facilities, and it would look very much the same as the existing
campground area. The second element is approximately 2 to 4 acres or 20 percent of the property. RV storage
is a vital element to the proposal and it is a key to the project being financially feasible. This area will be screened
and softened using landscaping and would look similar to other parts of the campground. Storage generates very
little traffic noise and provides a need for the community. The third element covers approximately 10 to 13 acres
whicb is the open group area, and it will appear as an open grassy park scattered with trees.
There is security staffed duty 24 hours a day to control behavior such as excessive noise. The area would be
serviced by one main road coming from the existing campground, and there would be a single-story multi-purpose
building for group activities with one small restroom building. Also provided is a walking trail along the perimeter
connecting Las Flores Drive to the nature park. The series of ponds and drainage system to handle the runoff from
Las Flores Drive and the project area will cover approximately one to two acres within the open group area. The
pond will be used for recreational purposes, but not for swimming.
This is a better plan for the Valley because the neighborhood benefits by having the land use issues resolved, they
gain a visually attractive open green space, they will have a neighbor that produces low vehicle traffic, and they
gain KOA's support in manpower and resources to help maintain the adjacent nature park. KOA will gain facilities
that will enhance the current operation by maintaining a first-cJass facility, and the City would gain a green park-like
window to the northern approach to the City. KOA would enhance the environment by creating wetlands and green
spaces. The property remains on the tax rolls and generates additional revenue to the City, and the City benefits
by the increased visitor spending. KOA asks Council to endorse further study of their proposal, to refrain from
entering into any Exclusive Negotiating Agreements for the City-owned property at this time, and direct staff to
work with the community to give the nature park serious consideration.
Agency/Conncilmember Rindone said it appeared the fenced-in portion for the trailers should be located to the rear
so it wouldn't have a visual impact from the other areas, and would bave a more pleasant view with the open space
adjacent to the KOA campground. He asked if KOA considered relocating the storage area to provide a good visual
presentation.
Mr. Bell explained the reason for the proposed location for the storage facility is because the area to the north was
extremely noisy because of the freeway.
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Minutes
November 19, 1996
Page 4
8 Sandra McHale-Renk, 45 Corte Maria, Chula Vista, CA, represented her neighborhood which is quiet and a low-
crime neigbborbood. For the past 10 years since the County sold this property, the neighbors listened to different
developers' ideas and proposals. The neighbors have decided to offer their own proposal which could have the most
positive impact on the City and the neighborhood, as well as the most compatible use of this land. This proposal
would have no additional noise traffic, light pollution or visual impacts on the area. The neighbors verified when
they purchased their homes this propertY was deemed as open space or part of regional Connty parks. They do not
view such projects such as fun centers and active use parks compatible with their R-l neighborhood, and the
neighborhood and local elementary scbool deserve an open natural area; they propose a nature or natural park. A
nature park would provide the surrounding community witb a much needed area to observe and study nature, and
to exercise. This is something northwest Chula Vista lacks. Rosebank Elementary Scbool bas the smallest scbool
site in the District with no other open area to go to. This area is presently used by the school to have hands-<>n and
eyes-open experiences witb wildlife and nature, as well as using it to access the Sweetwater River for wetland study.
The neighbors currently use this area for walking, jogging, bird watching, and access to the greenbelt. The
neighbors will volnnteer their time and effort to assist in the clean-up and development of this property. They feel
with a combined effort, their effort and Mr. Bell's generous offer of equipment and operators, and other community
resources sucb as scouts, scbool groups, and the San Diego Probation Department, they could develop and maintain
a nature park with minimal expense. They envision a walkingljogging trail and perhaps some tree planting, habitat
restoration, as well as some general clean-up. Mr. Bell offered to build a restroom facility on adjacent property,
in tbe event his proposal is approved, to be used by groups wbo come to study. They propose that the City transfer
tbe land, as it would otber surplus land, to tbe Parks Department and possibly purchase the Ross property with parks
acquisition and development funds. They also request a more equitable purcbase price be given. A nature park
of this sort would be a continued asset to the community and tbe City of Chula Vista. This is a major gateway to
Chula Vista and this project would provide wildlife babitat, a wildlife corridor, and foster an appreciation of our
environment.
Chris Salomone, Director of Community Development, stated staff just learned of the new development this
afternoon and there were other possibilities to develop recreational facilities on this site, but all of tbe proposals
would require further analysis. He requested staff be allowed to return in January 1997 with further analysis of
these projects and the possibility of a fun center park facility at the site. Each of the projects discussed tonight
contain unknowns as to how they would be economically developed. Staffneeds to look at the legal aspects of these
transactions, and the liability aspects of these transactions for public use and many other issues.
8 Jorge Sanchez, 75 "D" Street, Chula Vista, CA, expressed concerns of the flood area in the lower Sweetwater
Valley area, and stated any construction or major structures in the area would affect the area. He supported KOA's
expansion and nature park plan.
8 Frank Luzzaro, 95 "D" Street, Chula Vista, CA, stated tbe community-based project is a nature park. He is
an educator in the Chula Vista District and felt children needed to get back in touch with nature to bave a natural
playground. He expressed concern with traffic, lights, noise and pollution, and be requested allowing the residents
to form a committee to find grants to keep this area as a nature park.
8 Suzanne Luzzaro, 95 "D" Street, Chula Vista, CA, suggested Council investigate using the property as an open
space and ecological reserve, to maintain the quality of life for the residents.
8 James Cbadwick, 46 Vista Way, Cbula Vista, CA, supported keeping the property as an open space and nature
center, because he indicated concern a fun center would attract crime in the area.
8 Philip Lopez, 20 Second Avenue in Chula Vista, CA, supported keeping the area as it is today to preserve the
open space.
8 Kathy Scott, 159-6-A Linwood Street, San Diego, CA, is a kindergarten teacher at Rosebank Elementary School
and many of her students were present at the Conncil meeting. The teachers have enjoyed sharing the opportunities
c2-f{
Minutes
November 19, 1996
Page 5
of nature by taking students on trips to the Sweetwater River Valley. She supported preserving the open space to
preserve nature and help teach the children the true value of this land.
8 Dr. Mo Goomar, 5 Las Flores Drive, Chula Vista, CA, stated the proposal of a cburcb and KOA's expansion
plans have sbarvly divided the community, and he favored a natural park.
8 Lou Valentin, 27 Las Flores Drive, Chula Vista, CA, favored keeping the property as a nature park.
8 Rebecca Llewellyn, 120 North Second Avenue, Chula Vista, CA, is owner of Payco Specialties Inc. whicb is
located across the street from the KOA entrance. She expressed concern from some of her employees of the
unsafeness of traffic flows currently on North Second Street. Sbe supported the expansion of KOA and the open
space. She also mentioned that her business was recently burglarized and fun centers would bring more crime to
tbe area.
8 Steve Palma, 176 Montgomery Street, Cbula Vista, CA, favored the idea of a park. The community indicates
their willingness to help and if there is grant money and grant writers, the community could work to make it
possible. Although he was not endorsing anyone plan, the community has a common goal that they want a park
there, and he would be happy to see the City make the area a natural park.
8 William F. Jacobsen Jr., 63 Third Avenue, Chula Vista, CA, stated his father takes him and his sister to the
Sweetwater Valley to catch crawdads, and he favored saving the nature park.
8 Mary Johns, 345 First Avenue, Chula Vista, CA, thinks a family fun center is a good idea for Chula Vista, but
not near the KOA campground. Last year her class walked through the area at the Sweetwater River and learned
many things about the environment. She favored a nature center.
8 Patti Phair, 3 Corte Maria #37, Chula Vista, CA, favored keeping tbe natural park and expand the KOA
campground in order to preserve the quality of life in the neighborhood.
8 William Jacobson, 63 Third Avenue, Chula Vista, CA, favored the KOA and open space proposal for the
children.
8 Jim Pennington, 38 Vista Way, Cbula Vista, CA, opposed a family fun center concept because of the problems
with noise and property values.
8 Patricia Potts, 110 North Second Avenue #18, Chula Vista, CA, owns a residence at the Brentwood Arms
condominiums, and is a member of the Board of Directors, expressed opposition to the family fun center and the
Christian Community Center and submitted a petition opposing the proposals. The residents oppose these proposals
because of traffic factors and its negative impacts. She stated the Brentwood Arms residents support KOA's
expansion plans and the nature park.
8 Kristin Potts, 110 North Second Avenue #18, Chula Vista, CA, attends Rosebank Elementary School and would
like to have a nature park to learn more about wildlife.
8 Bill Potts, 110 North Second Avenue #18, Chula, CA, supported expanding the KOA campground because they
are a valuable asset to the City and should be afforded the opportunity to expand their already proven business
venture.
8 Leonard Aguillard, 138 Minot, Chula Vista, CA, supported the KOA expansion proposal and the nature park
because tbere is only one piece of property in north Cbula Vista available for the nature park.
8 Courtney Aguillard, 138 Minot, Chula Vista, CA, has been to the nature park many times and saw rabbits,
squirrels and owls, and favored keeping the nature park.
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Minutes
November 19, 1996
Page 6
. Stephanie Aguillard, 138 Minot, Chula Vista, CA, attends Rosebank Elementary School and favored a full-time
nature park. Sbe stated a yes vote for the nature park connts for a vote of all the students at Rosebank Elementary
School.
Agency/Councilmember Padilla stated the ENA expired in 1995 and recommended Council not afford any more time
or discussion on something that is not likely to happen and very likely shouldn't based on the community opposition.
There were a lot of comments and it seems there are a few viable options that involve the greatest opportunity for
open space and natural preservation of the area. He requested staff to further evaluate the remaining proposals and
a proposal for a preserve area to see how it could work. He is comfortable with that idea and concept, but believes
there is a lot more information Council would want to consider before making definite policy decisions.
AgencylCouncilmember Alevy stated that Council needs to do all they can to meet the needs of tbe people. He
requested time for staff to go back into the community tbat is most affected and obtain more input. He also offered
to help in tbat endeavor. Whatever is done, it is important to make sure that no matter what goes on in that part
of the City, tbat Second Aveoue is not extended because any traffic impact needs to come from the north and not
from the south.
Mayor Horton agreed to drop any type of family fun center concept from future proposals and to look at the three
options presented this evening, because all three options were compatible with the neighborhood. The church is
compatible with an R-l neighborhood and a proposal like that could incorporate nature and people. We could have
trails tbat would go through the area so the children and adults can appreciate the flora and fauna in a safe
environment. When she has gone in that area, sbe did not feel safe, but if there is a church with other recreational-
type facilities there for the community, it would create a safer environment.
Agency/Councilmember Moot was in favor of staff evaluating all the options, and for Council to thoroughJy analyze
all the options. He thinks if there were grant programs available that could belp bring a nature park to the area,
it is a fmancially viable option that needs serious consideration. He also reminded Conncil to keep in mind that at
least two of tbese properties were owned by private people and the City can't zone them out of existence. The land
tbat the City owns is legally obligated to low and moderate bousing; therefore if it were turned into a nature park,
the City would be forced to effectuate a sale, in whicb case the general fund would absorb the cost of acquiring tbe
particular parcel. There were some very exciting proposals and be thinks the neighborhood's idea of a nature park
and their willingness to commit their intelligence, resources and time to seeing how financially that might be able
to happen is something he would like to take a long and hard look at.
AgencylCouncilmember Rindone believed there was consensus on the Conncil to look at the various options and
evaluate all the components. He referred to the staff report and asked if any of these options or other options that
came forth would be evaluated. Looking at the financial considerations that the property is $1.00 per square foot,
be asked if tbe property sbould be appraised at the current value because it is unfair to tie up money that was not
interest-bearing at the time.
Mr. Salomone answered tbe $1.00 per square foot was the current appraised vaJue, and it was not based on tbe
acquisition price, whicb be believed to be $162,000 in 1988.
Mr. Haines explained they had the three parcels in the lower Sweetwater Valley appraised, and the City's property
came in at $1.00 per square foot. Based on a developer acquiring the property for private investment, and with all
the risks associated with no zoning, access and major impediments to developments, it is why the vaJue was
established at such a low value.
AgencylCouncilmember Rindone stated the $162,000 was what the City paid from the Agency's low-mod housing
fund, and he asked wbat proportion of that was represented by the $620,000.
Mr. Haines answered the low-mod fund would be entitled to receive proper compensation for its asset. They would
purchase it at a particular $130,000, but if the asset is later appraised, they are entitled to receive the fair market
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Minutes
November 19, 1996
Page 7
value. Before this would go forward, the property would be re-appraised, but technically speaking the low-mod
fund would be entitled to the entire value of that property as appraised.
Chair/Mayor Horton said when she was the Planning Commissioner, she remembered dealing with this parcel long
ago, and there was a request to put a mobile home relocation center for the bomeless; sbe fougbt that project. She
bopes that when this issue comes back next year, Council can approve a project that the community can live with
and which is good for the City.
* * * Meeting recessed at 8:20 p.m. and reconvened at 8:40 p.m. * * *
Agency/Councilmember Padilla indicated Council needed to look at the remaining recommendations deemed
plausible and to examine additional concepts mentioned by members of the public, of including the idea of a nature
park. He thinks it should include the remaining proposals of the expansion, park, and cburch as well as any other
proposals received in the interim.
MSUC (PadillalRindone) for staff to be directed to return to Council in 90 days with an evaluation of the
three proposals andlor any others deemed worthy to review and investigate.
OTHER BUSINESS
5. DIRECTOR'S/CITY MANAGER'S REPORT: None.
6. CHAIR'SIMA YOR'S REPORT: None.
7. AGENCY/COUNCJLMEMBER COMMENTS
Agency/Conncilmember Rindone requested the City Manager to suggest a workshop to develop a list of priority
projects. He requested placing a date on the calendar, as well as alternative dates, to establish a workshop. This
would give appropriate direction to staff as to which projects in the Redevelopment Agency should receive the
higbest priority.
John Goss, City Manager, agreed and indicated Council's secretary had been attempting in past weeks to obtain
common dates for the workshop.
ADJOURNMENT
The meeting adjourned at 8:45 p.m. to the regular City Council meeting.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC/AAE, City Clerk
by: \-MJtn f .ÚJ. ~J¡/JJpJìkt¿
Patricia Schwenke, Deputy City Clerk
¿;¡ -II
. .
MINUTES OF A SPECIAL JOINT MEETING OF THE
REDEVELOPMENT AGENCY/COUNCIL OF THE CITY OF CHULA ViSTA
Tuesday, November 26, 1996 Conncil Chambers
7:28 p.m. Public Services Building
1. ROLL CALL: Agency/Councilmembers Scott D. Alevy, John S. Moot, Stephen S. Padilla,
Jerry R. Rindone, and Chair/Mayor Shirley A. Horton.
ALSO PRESENT: John Goss, City Manager; John Keheny, City Attorney; Beverly A. Authelet,
City Clerk; and Patricia Schwenke, Deputy City Clerk.
2. a. AGENCY RESOLUTION 1521: (1) APPROVING THE APPLICATION TO THE CALIFORNIA DEBT
LIMIT ALLOCATION COMMITTEE (CDLAC) FOR AN ALLOCATION OF QUALIFIED MORTGAGE
BONDS AND ITS ALLOCATION TO THE REDEVELOPMENT AGENCY ACCEPTING CITY'S
ASSIGNMENT TO IMPLEMENT; (2) ELECTING TO EXCHANGE SAID ALLOCATION FOR
MORTGAGE CREDIT CERTIFICATES; (3) CERTIFYING THE A V AILABILITY OF FUNDS FOR THE
REQUIRED PERFORMANCE DEPOSIT OF $50,000; (4) APPROPRIATING $3,200 FROM THE
UNAPPROPRIATED BALANCE IN THE LOW AND MODERATE INCOME HOUSING FUND; AND (5)
AUTHORIZING ITS EXECUTION BY THE EXECUTIVE DIRECTOR--The Mortgage Credit Certificate
Program (MCC Program) was authorized by Congress in the Tax Reform Act of 1984, as an alternative to mortgage
revenue bond-backed financing as a tool for providing home ownership assistance to lower income households.
Staff recommends that the City apply for a $10 million Mortgage Revenue Bond allocation. With $2.5 million, the
City could issue approximately 125 Mortgage Credit Certificates. Staff recommends approval of the resolutions.
(Community Development Director)
b. COUNCIL RESOLUTION 18502: (1) APPROVING THE APPLICATION TO THE CALIFORNIA DEBT
LIMIT ALLOCATION COMMITTEE (CDLAC) FOR AN ALLOCATION OF QUALIFIED MORTGAGE
BONDS AND ASSIGNING ITS ALLOCATION TO THE REDEVELOPMENT AGENCY TO IMPLEMENT;
(2) ELECTING TO EXCHANGE SAID ALLOCATION FOR MORTGAGE CREDIT CERTIFICATES; (3)
CERTIFYING THE AVAILABILITY OF FUNDS FOR THE REQUIRED PERFORMANCE DEPOSIT OF
$50,000; AND (4) AUTHORIZING ITS EXECUTION BY THE EXECUTIVE DIRECTOR
Chris Salomone, Director of Community Development, stated Council has been successfu] in receiving allocations
from the State, and the program has been successfu] in affording an opportunity to first time home buyers in the
City of Cbula Vista. This allocation will be good for a two-year period, and it is anticipated the City will run out
of the certificates prior to the two-year period.
AGENCY RESOLUTION 1521 AND COUNCIL RESOLUTION 18502 OFFERED BY CHAIR/MAYOR
HORTON, reading of the text was waived, title read, passed and approved unanimously.
3.a. AGENCY RESOLUTION 1522: APPROVING THE CONTRACT WITH ADVOCATION, INC. FOR
LEGISLATIVE REPRESENT A TION FOR THE 1997-1998 LEGISLATIVE SESSION, AND AUTHORIZING
THE CHAIR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE REDEVELOPMENT AGENCY--
On 12/31196, the current agreement with Advocation, Inc. expires. That agreement provided for two 2-year
extensions to coincide with the State legislative sessions, both of which were granted. In anticipation of the year-end
expiration of that contract, the City issued a Request for Proposals on 9120/96 for qualified firms for legislative
representation for the period 111/97 to 12/31/98. Following extensive review of the proposals submitted to the City,
a firm is recommended by an evaluation team of both in-house and outside raters to be awarded a contract. Staff
recommends approval of the resolutions. (Community Development Director)
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Minutes
November 26, 1996
Page 2
b. COUNCIL RESOLUTION 18503 APPROVING THE CONTRACT WITH ADVOCATION, iNC. FOR
LEGISLATIVE REPRESENT A TIONFOR THE 1997-1998 LEGISLATIVE SESSION, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF CHULA VISTA
Gerald Young, Senior Management Assistant, reported there is a unanimous recommendation of the Committee to
award the contract to Advocation, because of the work they have done in past years for the City of Chula Vista.
Some of the accomplishments include $12 million recently approved for the State Veterans Home in Chu]a Vista
witb additional funding earmarked from tbe Federal government; $243,000 recently approved in supplemental
subvention funding the State nnder-budgeted last year and part of $4 million in supplemental subvention funding
as a result of Advocation's work in 1990; $750,000 toward alternative fuel programs which includes funding
towards Metallic Power and their recent graduation from BECA to manufactoring; $400,000 for the Nature Center
and flow througb seawater system; and miscellaneous work on projects such as the Olympic Training Center, the
South Cbula Vista Library, and University of California Chula Vista, including numerous bills the City supported
and opposed over the years with either regulatory or fiscal impacts.
AgencylConncilmember Alevy stated be had not been contacted during his time on the Conncil by the consultant,
and he discovered that staff gave direction to the consultants not to contact the Councilmembers. He felt it was
wrong and disagreed with the policy.
Chair/Mayor Horton believed there may have been miscommunication because she and other Conncilmembers
previously had meetings with Advocation.
John Goss, City Manager, stated there is a Legislative Committee that consisted of the Mayor, City Attorney, and
City Manager. The City Council adopted an overall legislative policy which basically provides direction to staff
to respond to issues tbat come before the Legislature. If issues are not covered by that policy, those individual items
are brought forward by the Legislative Committee to the City Conncil. He recalled that our consultant bas come
before each Legislative session at least annually and was open to meet with anyone who desired.
8 Marilyn Lasman, 2808 Via del Caballo Blanco, supported Mr. Deddeh and Bob Wilson and Associates to
represent Chula Vista.
8 Mary-Lynn Deddeh, 761 Cabrillo, Coronado, CA, wife of Wadie Deddeh, supported her busband to be an
advocate for tbe City of Chula because he bas served and lived in this City for 34 years and was knowledgeable
about the issues, history and people involving the community.
8 Barbara Hunsaker, 11458 Meadow Creek Drive, EI Cajon, CA, formerly worked for Wadie Deddeh and has
known Bob Wilson for many years. She is aware of their capabilities and supports Bob Wilson and Associates to
represent tbe City of Chula Vista.
8 Rod Davis, 46 Center Street, Chula Vista, CA, stated that Advocation's list of accomplishments was impressive,
but he supported Wadie Deddeh because of his accomplishments in Chula Vista by bringing a courthouse, Nature
Center, State Route 54, and many others involving the City. Mr. Deddeh is a man who helped build Chula Vista
who lives bere and works there, ratber than a company wbo lives there and occasionally works bere. He
recommended Council retain Bob Wilson and Associates in order to have Mr. Deddeh back on our side.
8 Patty Davis, 1375 #17 Callejon Montefrio, Chula Vista, CA, supported Bob Wilson and Associates to represent
the City of Chula Vista, because Wadie Deddeh has the local contacts to help Chula Vista work in a grass roots
effort.
8 Wadie Deddeh, 761 Cabrillo, Coronado, CA, is a former State Assemblyman for 16 years, and served on the
Senate for] I years. He lived in this community and taught children for almost 35 years. For 11 years, his office
was next door and there was always an open door policy with the City. He has served 27 years for this community
and takes great pride in the services rendered because he believed in this community. If his firm, Bob Wilson and
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Minutes
November 26, 1996
Page 3
Associates, is hired, he proposed to keep Council apprised of the status in Sacramento every three months. He also
indicated his prime interest and concern will be the City of Cbula Vista.
. Bob Wilson, 1725 Capitol, Sacramento, CA, stated Wadie Deddeh wants to represent Chula Vista more than
anything else in the world. If his firm is hired, Mr. Deddeb will represent Chula Vista with honor, and Chula Vista
will benefit because of the experience Mr. Deddeh will bring. His firm looked at every bill lobbied for Chula Vista
in the last three years and there was not a difference between the position his other clients took and the position of
Cbula Vista. Diversity is practiced in his firm, and he and Mr. Deddeh will have the primary responsibility of
working on Chula Vista's acconnt. If there is a conflict, they will first try to resolve it; if the conflict cannot be
resolved, they will notify other cities of the conflict. His firm would never be in a situation where they were
advocating a position of a city contrary to the interest of Chula Vista.
Mr. Young explained the committee that performed the final interviews did not use a point system. The purpose
of the final interview was to determine the top ranking firm to negotiate a contract with, and the committee's
nnanimous decision was to select Advocation.
Agency/Conncilmember Rindone stated Advocation has represented the City well; however, having personally
worked with Wadie Deddeh, he has performed exemplary on bebalf of the residents of Chula Vista. Mr. Deddeh's
distinguished career is significant and the fact is that his representation, uniqueness, commitment, and understanding
of the City are second to none.
MS (RindonelHorton) to direct negotiations to develop a lobbyist contact with Bob Wilson and Associates,
including Wadie Deddeh.
Agency/Conncilmember Padilla stated Mr. Deddeh bas been around, knows the game well and there is no question
where his heart is set, which is an important element. On the other band, Advocation bas done an excellent job,
although the issue of communication not being consistent concerns him. He stated there comes a time when you
bave to make a difficult decision, and believes he would go with the home team, Mr. Deddeh.
AgencylCouncilrnember Moot mentioned it is difficult when staffs recommendation is different than the opinion
of Council. It is easy for Conncil to understand the impacts of someone living in Chula Vista can have, and he
asked if there was something about the Legislative process that needs to have the people in Sacramento as opposed
to living in Chula Vista.
Mr. Yonng explained he didn't think in terms ofwbere a lobbyist was located made an impact. The key points for
the Committee's selection is the past work that Advocation has done for Chula Vista and the continuity of continuing
the contract it would represent. Looking at the top two firms in the staff report, there was a concern about the
possibility of conflicts with other cities. Both lobbyists represent a wide range of clients and although it could be
beneficial, there could be some conflicts.
Agency/Councilmember Moot stated he didn't want Chula Vista to go unrepresented, and he didn't want to be in
the position where there could be controversial issues. He believes the contract needs to address this issue and
suggested designating a subcontractor as a back-up.
Mr. Yonng stated a clause was included in the contract that if an unresolvable conflict should arise, the contractor
shall continue representing the City of Chula Vista.
. Don Brown, Chairman of the Board of Advocation, stated witb respect to the conflicts, Advocation bas never
taken another City as their client. He could not imagine Bob Wilson and Associates having contracts with other
cities and if each one of them bad a different position, their firm would only represent Chula Vista. Advocation
would not put themselves in that type of situation. Advocation has purposely never taken another city as a client
and have only concentrated on Chula Vista's work. It was their understanding they worked for City staff and were
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Minutes
November 26, 1996
Page 4
onJy requested to report to staff. Whenever staff asked them to meet with the Mayor, Advocation has always
complied.
. Chuck Cole, President of Advocation, 4831 Cameron Ranch Drive, Sacramento, CA, said in terms of the
contract, they would report to the Legislative Committee. The terms of the Request for Proposals states they would
be violating the rules of the process if they had attempted to do anything other than that. He wanted to make sure
tbere was no misnnderstanding, because it is the intent of Advocation to further the quality of life in Chula Vista.
ChairlMayor Horton said it has always been her preference to hire local firms when possible. It is a difficult
situation because Advocation has done an excellent job for the City of Chula Vista, and the City has received
millions of dollars in funding for projects they may have not received without Advocation's representation. She
also feels confident in the services Bob Wilson and Associates and Mr. Deddeh could provide the City, because their
bearts are here, and there is no doubt they have contacts in Sacramento that could help us reach our goal.
VOTE ON MOTION: Passed and approved unanimously.
MSUC (MootlHorton) that staff review the conflict issue regarding National City's and Chula Vista's
contracts and report back to Council and wbether language should be added to the contract if Bob Wilson
and Associates was unable to represent Chula Vista that Advocation Inc. be hired as the subcontractor.
ORAL COMMUNICATIONS
None.
OTHER BUSINESS
4. DIRECTOR'S/CITY MANAGER'S REPORT: None.
5. CHAIR'SIMAYOR'S REPORT: None.
6. AGENCY/COUNCILMEMBER COMMENTS:
. AgencylCouncilmember Alevy reported that the Citizens for Clean Air Policy will have a symposium at Miramar
College on 12/13/96. This is an organization dedicated to public education on alternative fuel vehicles, and there
has been prominent involvement of our community at this symposium. It is a major eveot and our Board of
Environmental Commerce Alliance, the City of Chula Vista, and the California State Automobile Dealers
Association are involved with this event.
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Minutes
November 26, 1996
Page 5
AD JO URNMENT
The meeting adjourned at 8:45 p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, AAE/CMC, City Clerk
by: ~ (~Q ~(Ù)Jl¡q
Patricia Schwenke, Deputy City Clerk
~-(ro
. .
JOINT REDEVELOPMENT AGENCY/COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 12/10/96
ITEM TITLE: Public Hearing: To discuss the affordable housing proposal for the Rancho
Del Rey SPA III
SUBMITTED BY: Comm""", D""O,m.,"' D;~L. C; .
REVIEWED BY: Executive Directo~ Þ;vO./? (4/5ths Vote: Yes- No_X..!
Staff requests the public hearing to discuss the affordable housing proposal for the Rancho Del Rey
SPA III be continued to the Regular Redevelopment Agency meeting scheduled for December 17,
1996. Interested parties, including the surrounding neighborhood, have been noticed of the
continuation.
(lhl M,\HOMElCOMMDEV\STAFF,REP\1Q.15,96lff,"pdot,113 [D".mb" 4. 1996 ""6pm)]
.,;3- (
- .
REDEVELOPMENT AGENCY AGENDA STATEMENT
Item: 4
Meeting Date: 12/10/96
ITEM TITLE: PUBLIC HEARING: SUPS-96-08 - Request to establish, operate and
maintain an open air market at 690 L Street in the IL and IL-P Zones -
Applicant: Victor Joseph
OPTION 1: Resolution /:5;1.2,-/ Denying a request for a special use permit for
an open air market proposed to be located at 690 L Street
OPTION 2: Resolution ¡:r:d-.;L Approving a request for a special use permit
for an open air market proposed to be located at 690 L Street with
conditions of approval and findings recommended by the Planning
Commission or otherwise approved by the Applicant
OPTION 3: Resolution /S;¿B -3 Approving a request for a special use permit
for an open air market proposed to be located at 690 L Street with
conditions of approval and findings recommended by staff
SUBMITTED BY: Community Developm~ctor c~t;,
Director of Planning ß.
REVIEWED BY: ,.,,"'., D;"ct" J:;¡ ~ ~ (4/5ths Vote: Yes- NolL)
----
BACKGROUND:
The applicant is requesting permission to establish, operate and maintain an open air market at 690
L Street (southeast corner of Industrial and L) in the Southwest Redevelopment Project Area. The
site is located in the IL (Limited Industrial) and IL-P (Limited Industrial - Precise Plan) zones and the
applicant plans to operate the facility for a period of 12 to 18 months (Exhibits 1 & 4). The open
air market will be open Fridays. Saturdays and Sundays from 5:00 a.m. to 5:00 p.m. The public
will be allowed in only during the hours of 7:00 a.m. to 3:00 p.m. The project site is
approximately 190,000 square feet (4.36 acres) in size. Approximately 100,000 sq. ft. will be
used for the market area, while about 90.000 sq.ft. will be used for parking. There will be no
permanent buildings built as part of the project. There will be several temporary buildings placed
on-site, as described later in this report (Exhibit 2).
An Initial Study, IS-97-03, submitted on July 24, 1996, was completed on this project which
resulted in a mitigated negative declaration. (Attachment 2)
RECOMMENDATION: That the Redevelopment Agency adopt the resolution (Option 1 -
Attachment 1 a) denying the application to establish, operate and maintain an open air market at
690 L Street.
BOARDS/COMMISSIONS RECOMMENDATION:
1. On November 11, 1996, the Resource Conservation Commission considered the Mitigated
Negative Declaration for IS-97-03 and voted 5-0-1 recommending denial of the mitigated
negative declaration (Attachment 3 for minutes).
4 - (
Page 2, Item: ~
Meeting Date: 12/10/96
2. On November 13, 1996, the Planning Commission voted 5-0-1-1 to recommend approval
to the Redevelopment Agency pursuant to Resolution No. SUPS-96-98 (Attachment 4 for
minutes).
Included for Agency's consideration are three resolutions. The first one is a resolution of
denial (Option 1 - Attachment 1 a). The second one is a resolution of approval which
includes conditions of approval and findings recommended by the Planning Commission
(Option 2 - Attachment 1 b) and some additional conditions subsequently agreed to by the
applicant. The third resolution is one for approval which includes conditions of approval
and findings that staff recommends in the event the Agency decides to approve the project
(Option 3 - Attachment 1 c). The differences between the Planning Commission and the
staff resolutions are explained in the ANALYSIS section titled "Conditions of Approval if
Agency Approves Project."
DISCUSSION:
1. Site Characteristics
The project site consists of several vacant parcels (APN's 618-010-3, 14(part), 16(part)
and 24(part) (Exhibit 3). The plan calls for the vendors to be sited on the westerly parcel
24. The easterly parcels will be reserved for customer and vendor parking. Parcels 3 and
14. which front on L Street, are gravel areas, while parcel 24 is covered with concrete
slabs. The Ratner manufacturing building stands on parcel 16 at the westerly terminus of
Arizona Street. The San Diego Trolley line passes immediately to the west of parcel 24.
11. General Plan. ZoninCl and Land Use:
GENERAL PLAN ZONING CURRENT LAND USE
Project Site: R&LM ILlIL-p Vacant/Manufacturing
North: Residential Med/Hi R-3 Multi-family residential
(11-18 du/ac) across "L" Street
South: R&LM IL-P Pallet Company
West: R&LM IL Medical/Manufacturing
R&LM = Research & Limited Manufacturing
IL = Limited Industrial
IL-P = Limited Industrial-Precise Plan
I-P = General Industrial-Precise Plan
111. Proposal
The applicants are proposing to set up a retail operation on the project site for the purpose
of selling goods in an open air market. Stalls would be leased out to approximately 80
vendors who would then sell goods ranging from "used items, sale of new items, and sale
of fresh produce and flowers" (see Exhibit 4, Project Description). Further in the project
description the applicant states that "Tight control will be maintained over items sold: no
tobacco products, drug paraphernalia, or tasteless tee shirts will be permitted for sale; no
alcoholic beverages will be allowed on the premises."
4-;2..
Page 3, Item: 4
Meeting Date: 12/10/96
The subject land use is considered an "Unclassified" land use pursuant to Chapter 19.54
of the Zoning Ordinance. Therefore, the use may be considered in any zone through the
Conditional Use Permit process. The applicants were advised by staff to submit an
application for a Special Use Permit to the Redevelopment Agency in order to allow
appropriate review by staff and consideration by the Planning Commission and
Redevelopment Agency of the project on its own merits.
Since the use is considered to be "Unclassified," the Project itself must be determined to
be compatible with surrounding land uses. An open air market generally functions as a
commercial enterprise at a retail level. The surrounding land uses to the east. south and
west are generally industrial. The primary exception is a medical office to the east. To the
north. a multi-family residential area exists.
The site plan shows the project area to be about 190.000 square feet (4.36 acres) in size
(a technical error in the applicant's Project Description - Exhibit 4 - described the project
as being 144.000 sq.ft., or 3.31 acres. in size). The sales area is proposed to be about
100,000 sq.ft., while the parking/circulation areas are to be approximately 90,000 sq.ft.
Vehicular entrance to the project site will be through a drive way at the northeast corner
of the parking area. Pedestrian access to the vendor area will be through a gate located
about midway along the easterly property line of parcel 24. Customer parking will be
immediately off L Street east of the vendor area on parcel 3 and part of 14. Vendor
parking is proposed to be on parcel 16 on the south side of the Ratner building.
The site plan also shows several temporary buildings. A mobile administrative office is to
be located near the northwest corner, while a mobile food catering wagon will be located
inside the property east of the Ratner building. In addition. 12 portable toilet rooms (6
male; 6 female including 2 for the physically handicapped) are proposed to be located near
the southwest corner of the project site. No other buildings, temporary or permanent, are
shown on the site plan.
IV. Analvsis
A. Staff Evaluation of Proposed Land Use
The staff recommendation for denial is based on several factors: 1) it does not
comply with some of the goals of the Southwest Redevelopment Project Area
Implementation Plan; 2) the location is a "gateway" to the City; and 3) the land use
does not appear to be compatible with the permitted and planned future area land
uses.
Southwest Redeve/ooment Area /mo/ementation Plan
As noted earlier in this report, the site is located within the Southwest
Redevelopment Area near the L Street/Industrial Boulevard industrial area. The
proposed use may be an impediment to assembly of parcels for the coordinated
redevelopment of the area and could have adverse effects on existing businesses
and any potential businesses that may want to locate in the vicinity.
The Southwest Redeve/opment Area Implementation Plan includes the following
goal statements:
'1-3
Page 4, Item: ~
Meeting Date: 12/10/96
"1. The development of property with coordinated land use consistent with the
goals, policies, objectives, standards, guidelines, and requirements as set
forth in the City's adopted General Plan. . . . . . . . , ,
2. Elimination and prevention of the spread of blight, and to conserve,
rehabilitate, and redevelop the project area in accordance with the
Redevelopment Plan and future Annual work Programs, . . . . . . . .
4. Beautification activities to eliminate all forms of blight, including but not
limited to visual blight, in order to encourage community identity. . . . . . .
8. Provision for the enhancement and renovation of businesses within the
Project Area to promote their economic viability. . . . . . . .
10. Promotion of public improvement facilities which are sensitive to the unique
environmental qualities of the Project Area. . . . . . ..
11. Removal of impediments to land assembly and development through
acquisition and re-parcelization of land into reasonably sized and shaped
parcels served by an improved street system and improved public facilities."
As the Agency is aware, a Kobey's swap meet was approved as part of the MCA
Amphitheater project. However, staff recommended approval of Kobey's based
upon several factors, including: 1) Kobey's is a well-known and experienced
operator; 2) the site was considered to be controllable, out of sight from major City
gateways and arterials and incorporated into a larger project; and 3) staff was
comfortable that the conditions imposed would mitigate other complex concerns
with the proposed use.
Staff has been consistent in its evaluation of various swap meet proposals and has
generally discouraged them based upon their "image" and negative impacts on
surrounding areas. The only exception has been Kobey's. Again, staff believes
that Kobey's is entirely different than this proposal and feels that this project in the
proposed location is inappropriate. Nevertheless, the use is considered to be
temporary at 12-18 months maximum (unless an extension is requested and
approved). In addition, the project may facilitate conversion to a higher end use
because it will not result in capital improvements to the parcels and the lease is
month-to-month.
The Site as a "Gatewav"
Although the applicant is proposing the operation as a temporary land use (12 to
1 8 months) that will only be open on Fridays, Saturdays and Sundays, the use will
establish a negative visual presence at this entrance into the City by virtue of the
multitude of temporary poles, awnings and outside displays, which are an inherent
feature of the use, will result from any approval. Though not specifically listed as
a "Gateway" in the City's General Plan, staff views "L" Street at 1-5 as possessing
the same general characteristics as other gateways which are defined in Section
7.4 of the Land Use Element ofthe General Plan (pg. 1-47). This particular section
states:
4-1
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Page 5, Item: 4
Meeting Date: 12/10/96
"Gateways are generally defined as the area where a major approach route
enters the city and extends along that route for some distance into the city.
A special treatment is considered to be appropriate to signify the arrival at
the city or arrival at and progression into an important element of the city."
It is staff's opinion that the proposed land use at this location is not an appropriate
"first impression" the City should offer residents and visitors entering Chula Vista
at"l" Street. The site is highly visible from the "l" Street overpass. the north-
bound off ramp and from the San Diego Trolley line. yet the project does not offer
any type of special treatment that signifies one's arrival at the City, other than as
an open air market with its multitude of vendors, vehicles and stalls.
Planned and Future Land Use Comoatibilitv
The site is located in an industrial/manufacturing zone and is surrounded on three
sides by such uses, except to the east where there are medical offices according
to the Project Description. The proposed use functions as a commercial enterprise
at a retail level. Retail sales is listed as an accessory use to manufacturing uses in
the industrial zones (Section 19,44.030.C: "Retail sales of products produced and
manufactured on the site"). Staff believes that this conflicts with both the General
Plan. which designates this area as Research and Limited Industrial, and the Zoning
Ordinance, which zones this area as Il, which plan for this area to develop as
manufacturing/limited industrial land uses.
The surrounding land uses consist of residential to the north and industrial to the
east, south and west. These are not considered to be completely compatible with
the Project. Because of this incompatibility, the proposed use does not fit into the
long-term goals for developing this area for limited industrial purposes.
B. Planninq Commission Recommendation
Notwithstanding staff's position on this project, the Planning Commission
recommended approval of the application and included conditions because the
Commission believed that this land use at the proposed location is viable. They
based their decision on the following determinations:
1. The project can comply with the conditions and cause very little impact to
traffic or surrounding land uses.
2. It will create an "incubator" atmosphere for new businesses.
3. It is compatible with surrounding land uses.
4. It will not detract from "l" Street as a gateway-type entrance to the City.
C. Conditions of Approval if Aqencv Approves Proiect
As mentioned earlier, besides the resolution of denial. there are two resolutions of
approval, one which incorporates the conditions of approval and findings
recommended by the Planning Commission with some amended conditions agreed
to by the applicant. and a second one which incorporates conditions of approval
4-5
í .
Page 6, Item: 4
Meeting Date: 12/10/96
recommended by staff. The differences between these two resolutions is explained
below.
Condition 4a: Sidewalk on HL H Street
OPTION 2 (Planning Commission recommendation):
a. CeRstnlat aR ei! At (S) feet "'iEla siElawalit alaR! tAa L Street
fraAta! a easterly t9 A'1aat tAB ÐJEistiR! siEla"'all<.
OPTION 3 (Staff recommendation):
a. Construct an eight (8) foot wide sidewalk along the L Street
frontage easterly to meet the existing sidewalk.
In the event a sidewalk is not constructed. post "NO PARKING"
signs the length of the Project's frontage on L Street, to the
satisfaction of the City Engineer.
In its deliberations at the public hearing, the Planning Commission deleted condition 4.a
due to cost concerns. Staff is including it because of several issues, as described in a
memo from the Engineering Division (Exhibit 5) to the Planning Department. In short, there
is expected to be an increase in the number of pedestrians resulting from the project due
to people being dropped off, people walking to the open air market from the nearby
residential areas, the liability related to people walking on unpaved, uneven surfaces and
the continuity of the sidewalk system in the general neighborhood.
Condition 4c: Imorovements on Industrial Bou/evard
OPTION 2 (Planning Commission recommendation):
a. \^'iElaR IREI>lstrial far a leA! tA, ta a "'iEltA, aREI ta a staRElarEl
satisfaatary ta tAe City I!R¡¡iReer.
OPTION 3 (Staff recommendation)
c. Widen Industrial for a length, to a width, and to a standard
satisfactory to the City Engineer. Applicant may request a delay of
improvements from the City Engineer pursuant to condition 4d
below.
The Planning Commission deleted this condition from their resolution, again because of
cost considerations. Staff prefers to keep this condition in and allow the applicant to
request a delay of improvements so long as it is agreed that the traffic study required
under condition 4d below will be performed. If an extension request is submitted, an in-
depth traffic study, as mentioned in condition 4d below, would have to be submitted at the
same time. Any required improvements would become evident through the traffic study,
and the timing of the installation of the improvements would be worked out at the time of
the extension request. Any decision to extend or expand the operations should take into
consideration all aspects of the project, not just cost. The traffic study would reveal the
actual traffic patterns and loads resulting from the project. The study is necessary because
4-c:'
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Page 7, Item: L{
Meeting Date: 12/10/96
the LOS on Industrial Boulevard is at or near LOS F and it will reveal whether or not the
improvements are needed.
Condition 4d: Traffic Study for Industrial Bou/evard
OPTION 2 (Planning Commission recommendation)
d. Prior to the approval of any extension, submit an in-depth traffic
study, in a form approved by the City Engineer, to the City Engineer
which analyzes traffic impacts on Industrial Boulevard and provides
mitigation necessary to improve the level-of-service (LOS) on
Industrial Boulevard from an LOS F to and LOS C. Said study shall
also include an analysis for providing a traffic signal in addition to
adding a lane. Said improvement(s) may include, but not be limited
to. adding an additional lane from south of the freeway ramps to L
Street and a signal at the 1-5 onloff ramp intersection. Approval of
such renewal will be conditioned upon timely implementation of any
traffic measure deemed appropriate by the City Engineer, based on
said report.
OPTION 3 (Staff recommendation)
d. If the Applicant desires to request an extension of this permit
beyond the approved eighteen (18) months. or if the Applicant
desires to request an expansion of the days of operation, the
request must be submitted a minimum of three (3) months prior to
the expiration date. Along with the extension and/or expansion
request. Applicant shall also submit an in-depth traffic study, in a
form satisfactory to the City Engineer, which analyzes traffic
impacts on Industrial Boulevard and provides mitigation necessary
to improve the level-of-service (LOS) on Industrial Boulevard from an
LOS F to and LOS C. Said study shall also include an analysis for
providing a traffic signal in addition to adding a lane. Said
improvement(s) may include, but not be limited to, adding an
additional lane from south of the freeway ramps to L Street and a
signal at the 1-5 on/off ramp intersection. Approval of any extension
or expansion request will be conditioned upon timely implementation
of any traffic measure deemed appropriate by the City Engineer,
based on said report. and shall be constructed to the satisfaction of
the City Engineer and Director of Planning.
Staff is of the opinion that the traffic study should be submitted at the same time as any
request for an extension or expansion so analysis can be made in light of the request(s) and
on the operational merits in existence at that time. This opinion is based on three factors.
First, if the project is approved, it will take time for the traffic impacts to occur. Second,
the use is proposed for a specified time period of eighteen months. And third, the approval
is for only three days per week operation, which will result in minimal impacts at peak
traffic hours. The timing of the construction of improvements, if any are required, would
be determined at the time the traffic study is submitted and the extension/expansion
considered for approval by the Redevelopment Agency.
4-7
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Page 8, Item: 4
Meeting Date: 12/10/96
Condition 5: PavinG of the ParkinG Lot
OPTION 3 (Staff recommendation)
5. Pave all parking areas to a "Temporary Use" standard (maximum of one
year) consisting of two (2) inches of compacted decomposed granite, the
top one inch of which has been treated with SC-250 asphalt road oil to form
a water-resistant and dust free wearing surface. Penetrants shall be applied
at such rates or a sufficient number of times to produce the specified
wearing surface. A weed killer shall be applied in accord with the
manufacturers instructions to the entire area to be paved.
In the event the Applicant requests and receives either an extension or
expansion. or modifies the operational characteristics of the Project, the
"Semi-Permanent Use" standard (maximum of five years) shall be applied
to parking lot paving.
The Planning Commission recommended resolution contains only the first paragraph of
condition 5. The staff recommended resolution contains both the first and second
paragraphs. Under the same circumstances, a temporary use which will be on a given site
for one year or less is required to pave their parking area to the "Temporary Use" standard
described above. Staff is recommending that the "Semi-Permanent Use" be required if an
extension or expansion is approved in order to be consistent with the general
implementation of the paving provisions. In addition. the "Semi-Permanent Use" standard
will further reduce dust.
Conditions 6 to 23 are the same in the Planning Commission resolution as in the staff
resolution.
Condition 24: Indemnification
Option 3 - Staff recommends inclusion of an additional condition #24 which
addresses indemnification, as follows:
24. Applicant/operator shall and does hereby agree to indemnify, protect,
defend and hold harmless City, the Redevelopment Agency members, the
City Council members. officers, employees, agents and representatives,
from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorneys' fees (collectively,
"liabilities") incurred by the City arising, directly or indirectly, from (a)
Agency's approval and issuance of this Special Use Permit. (b) Agency's or
City's approval or issuance of any other permit or action. whether
discretionary or non-discretionary, in connection with the use contemplated
herein. and (c) Applicant's installation and operation of the facility permitted
hereby. Applicant'sloperator's compliance with this provision is an express
condition of this Conditional Use Permit and this provision shall be binding
on any and all of Applicant's/operator's successors and assigns.
In the event the Redevelopment Agency chooses to forego any condition requiring full
sidewalk improvements along "L" Street, The following wording should be added to
4 -7
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Page 9, Item: 4
Meeting Date: 12/10/96
condition 24. If the Redevelopment Agency requires that sidewalks be installed, the
following wording should be ignored and will not be included in condition 24.
In light of Applicant's objection to the condition that a sidewalk be
constructed along "L" Street, Applicant'sloperator's obligations under this
condition shall extend any liabilities with respect to persons or property
arising, directly or indirectly, from the conduct of Project vendors or
customers on or around the Property, including within the public right-of-
way, except to the extent caused by City's sole negligence or willful
misconduct.
Staff is recommending that the above condition 24 be included as it indemnifies the
Redevelopment Agency/City in the event there is.a law suit related to the Project. This
condition, or one very similar to it, has been included as a standard condition of approval
in most recent conditional/special use permits.
FISCAL IMPACT: The proposed project is anticipated to consist of approximately 80 vendors
selling general new and used items. The applicant indicates that the outdoor market will generate
approximately $100,000 in sales tax revenue to the City on an annual basis. This amount does
not take into account any "transfers" or losses of sales tax revenue from other outlets. The
applicant also indicates that the project will result in approximately 500 new business licenses and
will increase visitors to the L StreetlBroadway area. There will not be any permanent
improvements, nor will there be a property sale that would bring additional tax increment revenue
to the Agency.
Attachments
1a. Draft Redevelopment Agency Resolution for Denial
1b. Draft Redevelopment Agency Resolution for Approval (Planning Commission)
1 c. Draft Redevelopment Agency Resolution for Approval (Staff)
2. Negative Declaration issued for Initial Study lS-97-03
3. Minutes from the 11/11/96 RCC meeting
4. Minutes from the 11/13/96 Planning Commission meeting
5. Disclosure Statement
Exhibits
1. Locator Map
2. Site Plan
3. Assessor Parcel Map
4. Project Description
5. Memo dated 11/22/96 from the Engineering Division re: Sidewalk on L Street
6. Letters of opposition to SUPS-96-06
(MMI M,'HOMElCQMMDEV'STAFF.REP\12,1D-96\960BA,1.113 [D",mb" 5, 1996 (11,35,mll
4-9
ì - - ..
PROOF OF PUBLICATION 'L,~" t
This space is for the County Clerk's filing stamp, , 'I"
(2015.5 C.C.P.) I.' -
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and Proof of Publicaton of:
a resident of the County aforesaid; I am CV #8541
over the age of eighteen years, and not -- ---------------u_-------- --- --- -- ---- - ---- -----
a party to or interested in the above- Notice of Public Hearing
entitled matter. I am the principal clerk ----- ------_u_- - ----------------- -------------- --
NOTICE OF PUBUC -deìiëe~ I'
of the printer of the STAR-NEWS, a HEARING BY THE " you wish" challenge
newspaper of general circulation, pub- REDEVELOPMENT the Redevelopment
AGENCY OF THE CITY OF Agency's actioo 011 this ap-
lished ONCE WEEKLY in the city of QiULA VISTA, ~ca:~ :u~¡~ :~
CAUFORNlA
NOTICE IS HEREBV G~ those issues you or
Chula Vista and the South Bay Judicial VEN THAT A PUBUC someone else raised at the
'HEARlNG Will BE HELD : pu~~ hearing described in
District, County of San Diego, which BY THE REDEVELOP- I this notice, or in written cor-
MENT AGENCY 01 the Oily respondence del~ered to
newspaper has been adjudged a news- of Chula Vota . CeJifomia, . the Radevel°r.ent A~ncy
paper of general circulation by the ~; ~es~:J':"us~1 ~r~i\d~; ~lgOr~~~ i~ ~~~::
the property localed 690 A copy of the application
Superior Court of the County of San ;~~::':.'~~~t~~'::': . ~~~ta~~Yi~O:
Diego, State of California, under the :: ~~ -~l~~~~~ ~~fo:~ra~': ~r ~
date of April 23, 1951, Case Number Thõãp¡¡ãtiOn,lled I:t¡ Mr: Ci~ Plannin~ Department
182529; that the notice, of which the VidO, Joseph, requsslS AID PU LlC HEARING
permission to operate and Will BE HELD BY THE
annexed is a printed copy (set in type majnlajn an opon .lr....... REDEVELOPMENT
k.Uswop ..... at su~ed AGENCY OF THE CITY OF
location. CHULAVlSTAONTuesday,
not smaller than nonpareil), has been An lnijaj Study, &97-00, December W, 1996 at 6:00
published in each regular and entire :~':n:- ~=~t :r~~ ~':'1¡~ ~~~ ChB'wI~~'
condUded I:t¡ the Envir- Chula Viste c"~ Center,
issue of said newspaper and not in any onmental Review Coor- 276 Fourth Avenue At which
dinator ¡ERC). A Negative time any person desiring!D
supplement thereof on the following ~~f.:"~n~: si:lC:; ~~e~ov~~~r::i996
dates, to-wit: en"ronmentalimpects is be- Case N 0
ing prepared for pre..n- SUP$o96.jJ6I1$o97-OO
11/23 tation I:> the Redeveloprnent CV08541 1112:>96
Agency. The (ERC) may
"commend adoption of the
all in the year 1996 ~i~~ !DD~Ia¡:~~I~~
ment Agency. 1$097-00 is on
ile in the offices of the
L certify (or declare) under penalty of Planning Department and
may be "awed I:t¡ the pu-
bl<.
perjury that the foregoing is true and Any w- commonlS or
pe~~ns !D be submitted I:>
correct. the Redevelopment Agency
must be received in the
Planning Depar1ment or the
Communily Development í~" : ¡ y õFVËÏÏ1P'Mui,
Dated at Chula Vista, California 91910 Depertment no later ihan
noon on the date of the ' Dm~¡¡,:r¡r
hearing. Please direct any I "jV 2 7 1986 I
~::~;ne~=ISMæ
this 23rd day of November ,19~ ' ~r, Associate Planner in the I
Planning Depa¡ttnen\ Pu~ic
SOIViœs Building. Chula
Vista Civ~ Center, 276
~~ Fourth Avenue, Chula Vista,
Signature {rlfi-.! K: Üj~L CajifOmia9191o,or~call-
i:~u~'~=Nu~=
(~INCIPLE CLE~. ) nolOd at the botÐm of this
notice in ajl corrssl"n-
4-10
- .
ATTACHMENT la
Draft Redevelopment Agency Resolution
for Denial
D R AFT RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA DENYING A REQUEST FOR
A SPECIAL USE PERMIT FOR AN OPEN AIR MARKET
PROPOSED TO BE LOCATED AT 690 "L" STREET
I. RECITALS
A. Project Site
WHEREAS, the property 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 690 "L" Street; and
B. Project Applicant
WHEREAS, a duly verified application for a Special Use Permit (SUPS-96-08) was filed
with the City of Chula Vista Planning Department on May 20, 1996 by Mr. Victor
Joseph (Applicant); and
C. Project Description; Application for ConditionallSpecial Use Permit
WHEREAS, said application requests approval of subject Special Use Permit to establish,
operate and maintain an open air market at 690 "L" Street in the lL (Limited Industrial)
and IL-P (Limited Industrial - Precise Plan) Zones; and
D. Resource Conservation Commission Record on Application
WHEREAS, the Resource Conservation Commission considered the Negative
Declaration issued on IS-97 -03 on November 11, 1996 and voted that the
Negative Declaration on IS-97-03 not be approved; and
E. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on November 13, 1996 and voted 5-0-1-1 to recommend approval of the
Negative Declaration issued on IS-97 -03 for the Project and recommend that the
Redevelopment Agency approve the Project in accordance with Planning
Commission Resolution No. SUPS-96-08; and,
F. Notice of Public Hearing
WHEREAS, the Redevelopment Agency set the time and place for a hearing on
said Special Use Permit application and notice of said hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in the
(m: \home\planning\martin\swapmeet\9608ra. res)
4-11
Resolution No.
Page #2
city and its mailing to property owners within 500 feet of the exterior boundaries
of the property at least 20 days prior to the hearing; and
G. Place of Public Hearing
WHEREAS, the hearing was held at the time and place as advertised, namely
December 10, 1996 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue,
before the Redevelopment Agency and said hearing was thereafter closed.
II. 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 November 13, 1996 and the
minutes and resolution resulting therefrom, are hereby incorporated into the record of
this proceeding.
NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY
hereby DENIES the special use permit based on the following findings and all other reports,
evidence and testimony presented with respect to the proposed use.
III. SPECIAL USE PERMIT FINDINGS
The following fmdings are required by the Southwest Redevelopment Plan which governs
the issuance of special use permits. The Redevelopment Agency of the City of Chula
Vista is unable to make fmdings in support of the Project as required by the City's rules
and regulations for the issuance of special use permits, as hereinbelow set forth, and sets
forth, instead, the evidentiary basis denial of the proposed Project:
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 Redevelopment Agency hereby fmds that whereas an open air market facility
sited at an appropriate location would provide a desirable service for the
community, subject Project is proposed to be located at the "L" Street junction
with Interstate 5 is considered to be a significant entrance to the City of Chula
Vista. As such, it will present a negative first impression to residents and guests
entering Chula Vista at "L" Street. In addition, the Project site is surrounded by
incompatible residential and industrial land uses. Such circumstances are not
conducive to creating a desirable entry statement for residents and guests to the
City, nor will subject use contribute to the well being of the community.
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
(m:\home\planning\manin\swapmeet\9608ra.res)
4-(~
Resolution No.
Page #3
working in the vicinity or injurious to property or improvements in the
vicinity.
The Redevelopment Agency hereby finds that the Project will be detrimental to
area land uses because it will have a negative impact on the character of the
community. The zoning and general character of the community is multi-family
residential and industrial and the character of this Project will be retail
commercial. In addition, the Project will create negative impacts due to the
visual effects it will create as seen from off-site.
3. That the proposed use will comply with the regulations and conditions
specified in the code for such use.
The Redevelopment Agency hereby finds that the proposed use does not comply
with the Chula Vista Municipal Code, Chapter 19.54, Unclassified Uses, in that
the proposed use must be compatible with the type of uses permitted in
surrounding areas. The proposed use is not compatible with the surrounding
multi-family and industrial zoning and land uses because of its retail commercial
nature.
4. That the granting of this special use permit will not adversely affect the
general plan of the City or the adopted plan of any government agency.
The granting of SUPS-96-08 would have an adverse affect on the General Plan
and the Southwest Redevelopment Area Implementation Plan in that the proposed
use is not consistent with several of the goals, objectives and policies of either
document. Such inconsistencies are set forth in the staff report presented on this
matter, which such report is incorporated herein in support of this finding.
THIS RESOLUTION OF DENIAL IS HEREBY PASSED AND APPROVED BY THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA, THIS
10TH DAY OF DECEMBER 1996.
cz
Approved as to form by
~
o~-c-""'___' ch-;r-
)
Presented by
Robert A. Leiter
Director of Planning
ohn M. Kahen
~~y"------------
(m:\home\planning\martin\swapmeet\9608ra.res)
4-13
ATTACHMENT Ib
Draft Redevelopment Agency Resolution
for Approval
(Planning Commission)
[pLANNING COMMISSION RECOMMENDED RESOLUTION]
D R AFT RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA
APPROVING A REQUEST FOR A SPECIAL USE
PERMIT FOR AN OPEN AIR MARKET PROPOSED
TO BE LOCATED AT 690 "L" STREET
I. REClT ALS
A. Project Site
WHEREAS, the property 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 690
"L" Street. and
,
B. Project Applicant
WHEREAS, a duly verified application for a Special Use Permit (SUPS-96-08) was filed
with the City of Chula Vista Planning Department on May 20, 1996 by Mr. Victor
Joseph (Applicant); and
C. Project Description; Application for ConditionallSpecial Use Permit
WHEREAS, said application requests approval of subject Special Use Permit to establish,
operate and maintain an open air market at 690 "L" Street in the IL (Limited Industrial)
and IL-P (Limited Industrial - Precise Plan) Zones; and
D. Resource Conservation Commission Record on Application
WHEREAS, the Resource Conservation Commission considered the Negative
Declaration issued on IS-97-03 on November 11, 1996 and voted that the
Negative Declaration on IS-97-03 not be approved; and
E. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on November 13, 1996 and voted 5-0-1-1 to recommend approval of the
Negative Declaration issued on IS-97 -03 for the Project and recommend that the
Redevelopment Agency approve the Project in accordance with Planning
Commission Resolution No. SUPS-96-08; and,
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F. Notice of Public Hearing
WHEREAS, the Redevelopment Agency set the time and place for a hearing on
said Special Use Permit application and notice of said hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in the
city and its mailing to property owners within 500 feet of the exterior boundaries
of the property at least 10 days prior to the hearing; and
G. Place of Public Hearing
WHEREAS, the hearing was held at the time and place as advertised, namely
December 10, 1996 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue,
before the Redevelopment Agency and said hearing was thereafter closed.
II. 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 November 13, 1996 and the
minutes and resolution resulting therefrom, are hereby incorporated into the record of
this proceeding.
NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY
hereby approves the special use permit based on the following findings and all other reports,
evidence and testimony presented with respect to the proposed use, and subject to the following
terms and conditions.
III. SPECIAL USE PERMIT FINDINGS
The following fmdings are required by the Southwest Redevelopment Plan which governs
the issuance of special use permits. The Redevelopment Agency of the City of Chula
Vista hereby sets forth the following evidentiary basis for approval of the proposed
Project:
A. 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 open air market is desirable in that it will provide a needed service
for a limited time frame that is not otherwise easily accessible to residents of
western Chula Vista by making available a place where they.can purchase needed
personal, household and business items.
B. 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
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working in the vicinity or injurious to property or improvements in the
vicinity.
The operational plan of the proposed open air market indicates that traffic going
to or coming from the market at the Project Site will not have negative impacts
to the health, safety or general welfare of persons residing or working in the
vicinity or be injurious to property or improvements in the vicinity in that the
arrival and departure of vendors and shoppers will be spread throughout the day,
thus not causing congested roadways. In addition, the Project is conditioned such
that the parking shall be paved to a "Temporary Standard," which will reduce the
amount of dust.
C. That the proposed use will comply with the regulations and conditions
specified in the code for such use.
Special Use Permit SUPS-96-08 is conditioned to require the Applicants 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 SUPS-96-08 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.
D. 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 SUPS-96-97 for the specified limited period will not adversely
affect the Chula Vista General Plan in that said Project is proposed to be operated
on a site already partially developed, containing public facilities (water, sewer,
etc.), said proposed open air market conforming with the General Plan in that this
Special Use Permit has been properly executed and duly adopted.
IV. ADOPTION OF MITIGATED NEGATIVE DECLARATION AND INCORPORATION
OF ALL FEASIBLE MITIGATION MEASURES
Subject to the terms and conditions hereof, the Redevelopment Agency does hereby adopt
and incorporate herein as conditions for all approvals herein granted all mitigation
measures identified by the Mitigated Negative Declaration issued for IS-97 -03 and in the
Mitigation Monitoring and Reporting Program for the Project which it has determined
to be feasible in the approval of the Special Use Permit, SUPS-96-08.
V. GRANT OF PERMIT
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The Redevelopment Agency hereby conditionally grants the Special Use Permit subject to the
following conditions, whereby the Applicant shall:
I. Operate the Project as submitted to and approved by the Agency, except
as modified herein and/or as required by the Municipal Code, and as
detailed in the project description.
2. Install a ten (10) foot landscaped buffer along "L" Street the entire length
of the vendor's lot, to the satisfaction of the Director of Planning.
3. Submit a landscape plan to the Director of Planning prior to occupancy of
the site and install approved landscaping prior to opening for business.
In the event the Project's landscaping is not installed within thirty (30)
days after opening for operations, this Special Use Permit is subject to
revocation.
4. To the satisfaction of the City Engineer:
a. Coaotnlet aa eigHt (8) foot ',vide sidewalk aleag the "L" Street
frOHtage easterly t13 !fleet tHe existing siae',yalk.
ae. Construct the easterly-most driveway!> to Commercial Standards.
e. 'Hide a IBffil5trial f-er a leagtH, to a '",iatH, aad to a staaaara
satisflletory to tile City Eagiaeer.
bEl. Prior to the approval of any extension, submit an in-depth traffic
study, in a form approved by the City Engineer, to the City
Engineer which analyzes traffic impacts on Industrial Boulevard
and provides mitigation necessary to improve the level-of-service
(LOS) on Industrial Boulevard from an LOS F to and LOS C.
Said study shall also include an analysis for providing a traffic
signal in addition to adding a lane. Said improvement(s) may
include, but not be limited to, adding an additional lane from south
of the freeway ramps to "L" Street and a signal at the 1-5 on/off
ramp intersection. Approval of such renewal will be condition
upon timely implementation of any traffic measure deemed
appropriate by the City Engineer, based on said report.
5. Pave all parking areas to a "Temporary Use" standard (maximum of one
year) consisting of two (2) inches of compacted decomposed granite, the
top one inch of which has been treated with SC-250 asphalt road oil to
form a water-resistant and dust free wearing surface. Penetrants shall be
applied at such rates or a sufficient number of times to produce the
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specified wearing surface. A weed killer shall be applied tin accord with
the manufacturers instructions to the entire area to be paved.
6. Consistent with CVMC, Section 19.58.370B, request that the Zoning
Administrator grant, in conjunction with the open air market, up to six (6)
permits per year not to exceed twenty-four (24) days in any calendar year,
but not exceeding seven (7) consecutive days, for events which would
allow the open air market to maintain temporary displays and facilities on
the site for the duration of the event. The permit shall be submitted for
review at least thirty (30) days prior to the commencement of the event,
and shall include all plans, exhibits, and operational information deemed
necessary by the Zoning Administrator in order to properly evaluate the
request, render a decision, and apply any necessary conditions.
7. Prior to obtaining a business license from the City of Chula Vista for
operating an open air market, cooperate with the Business License Officer
in order to develop and implement a tax collection/business licence
issuance plan for all vendors, to the satisfaction of the Director of
Finance.
8. The open air market is authorized to occupy the site from the hours
between 5:00 a.m. and 5:00 p.m. Fridays, Saturdays and Sundays. In
every instance all structures, equipment and activities associated with the
open air market other than approved permanent storage facilities or
fencing shall be cleared from the site by 5:00 p.m. The hours the open
air market is permitted to be open to the public is from 7: 00 a. m. to 3: 00
p.m. The applicant may request from the Zoning Administrator extension
of the days to include Thursdays after one year of operation from the
opening day of sales. The Zoning Administrator may approve, deny or
modify the extension subject to appeal to the Planning Commission.
9. To the satisfaction of the Conservation Coordinator:
a. Ensure a litter abatement, recycling and trash disposal program
that will eliminate any litter from leaving the facility and meet or
exceed the 50% source reduction, reuse and recycling diversion
goals mandated by the State of California.
b. Provide an annual report of the solid waste management plan each
January for the previous calendar year.
c. Place refuse and recycling collection/enclosure areas within the
Project site.
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10. For the life of the open air market, review the consistency of actual
operations with the operational parameters considered in the Initial Study
(IS-97-03) and Special Use Permit (SUPS-96-08) with the Zoning
Administrator, Police Department, Fire Department and Public Works
Department on the anniversary date after the opening of operations. Said
review shall be initiated by a report prepared by the open air market
operator to the Zoning Administrator which shall address such issues as
traffic impacts, adequacy of parking, ingress/egress, hours of operation,
etc. The Zoning Administrator shall, at his/her sole discretion, determine
whether or not the operations are materially consistent with the nature and
intensity of the operational parameters used to evaluate the project in the
Initial Study and Special Use Permit. If the operational profile is deemed
inconsistent and more impactive than originally expected, the Zoning
Administrator may require review and/or modification of conditions via
additional environmental review and/or a formal modification to the
Special Use Permit.
In the event the Applicant/operator disagrees with the with the
determination of the Zoning Administrator as to the consistency of actual
operations as described in the above-mentioned review, a third party
agreement shall be executed through the Planning Department at
Applicant's/operator's expense which shall address the matter. The third
party shall arbitrate the disagreement, and both the Applicant/operator and
the Zoning Administrator hereby agree to abide by the decision of the
third party.
11. Prior to opening for operations, schedule a security survey with the Chula
Vista Police Department, Crime Prevention Unit, and implement the
suggestions of said survey in order to enhance security. Notwithstanding
the implementation of the security survey, in the event crime and/or
security becomes a problem, as indicated by increased crime reports filed
with the Chula Vista Police Department related to the open air market,
Applicant shall retain, at Applicant's expense, a company who shall
prepare a crime reduction/security provision report for the operation of the
open air market, to the satisfaction of the Chief of Police. Said report
shall address issues specified by the Chief of Police, and shall include
recommendations to enhance security and reduce crime. Said
recommendations shall be implemented to the satisfaction of the Zoning
Administrator and the Chief of Police.
12. Comply with and implement all requirements of the Fire Marshal as
related to conforming with the Uniform Fire Code and applicable
Municipal Code requirements.
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13. Provide appropriate access agreements and/or devices to the Project Site,
to the satisfaction of the of the Fire Marshal. Such devices may include,
but not be limited to, knox boxes, break-away gates, etc.
14. Comply with and implement all requirements of the Director of the
Building and Housing Department as related to conforming with the
Uniform Building Code.
15. Comply with and implement all provisions related to Title 24 (Part II),
Disabled Access, to the satisfaction of the Director of Building and
Housing.
16. Prior to opening for operations, pay all applicable fees to the Chula Vista
Elementary School District and Sweetwater Union High School District,
or participate in alternative financing mechanisms, to the satisfaction of
each respective school district.
17. Comply with all City ordinances, standards, and policies except as
otherwise provided in this Resolution. Any violation of City ordinances,
standards, and policies, or of any condition of approval of this Special
Use Permit, or of any provision of the Municipal Code, as determined by
the Director of Planning, shall be grounds for revocation or modification
of this Special Use Permit by the City of Chula Vista.
18. Execute the attached Agreement indicating that you have read, understand
and agreed to the conditions of approval contained herein, and will
implement same.
19. This permit shall be subject to any and all new, modified or deleted
conditions imposed after approval of this permit to advance a legitimate
governmental interest related to health, safety or welfare which the City
shall impose after advance written notice to the Permittee and after the
City has given to the Permittee the right to be heard with regard thereto.
However, the City, in exercising this reserved right/condition, may not
impose a substantial expense or deprive Permittee of a substantial revenue
source which the Permittee can not, in the normal operation of the use
permitted, be expected to economically recover.
20. This Special 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.
21. Pay all costs associated with implementing any of the above conditions of
approval.
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22. Operate this Special Use Permit for a period of eighteen (18) months from
the date of approval by the Redevelopment Agency, after which time the
approval for this Special Use Permit expires.
23. Any change to the operational profile or any request for the extension or
expansion of the use shall require approval of a modification by the
Redevelopment Agency of this Special Use Permit and/or the Mitigated
Negative Declaration issued for IS-97-03, and may result in additional
conditions of approval and/or mitigation measures.
VI. 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.
THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY
THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA,
THIS 10TH DAY OF DECEMBER 1996.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning
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AGREEMENT BY AND BETWEEN
THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA
AND
THE OPERATORS OF THE CHULA VISTA MARKETPLACE AND
THE PROPERTY OWNER OF 690 "L" STREET
RELATED TO THE CONDITIONAL APPROVAL OF SUPS-96-08 AND IS-97-03
The property owner and the Applicant shall execute this document by signing the lines provided
below, said execution indicating that the property owner and Applicants have each read,
understood and agreed to the conditions contained in Resolution No. , and will implement
same to the satisfaction of the City. Upon execution, this document and a copy of Resolution
No. 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 City
Clerk. Failure to return a signed and stamped copy of this recorded document within thirty 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
690 "L" Street
Date
Signature of Representative of
Chula Vista Marketplace
Date
Attachment: Resolution No.
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ATTACHMENT Ie
Draft Redevelopment Agency Resolution
for Approval
(Staff)
.
[STAFF RECOMMENDED RESOLUTION]
D R AFT RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA
APPROVING A REQUEST FOR A SPECIAL USE
PERl\flT FOR AN OPEN AIR MARKET PROPOSED
TO BE LOCATED AT 690 "L" STREET
1. RECITALS
A. Project Site
WHEREAS, the property 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 690
"L" Street; and
B. Project Applicant
WHEREAS, a duly verified application for a Special Use Permit (SUPS-96-08) was filed
with the City of Chula Vista Planning Department on May 20, 1996 by Mr. Victor
Joseph (Applicant); and
C. Project Description; Application for ConditionallSpecial Use Permit
WHEREAS, said application requests approval of subject Special Use Permit to establish,
operate and maintain an open air market at 690 "L" Street in the IL (Limited Industrial)
and IL-P (Limited Industrial - Precise Plan) Zones; and
D. Resource Conservation Commission Record on Application
WHEREAS, the Resource Conservation Commission considered the Negative
Declaration issued on IS-97-03 on November 11, 1996 and voted that the
Negative Declaration on IS-97-03 not be approved; and
E. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on November 13, 1996 and voted 5-0-1-1 to recommend approval of the
Negative Declaration issued on IS-97 -03 for the Project and recommend that the
Redevelopment Agency approve the Project in accordance with Planning
Commission Resolution No. SUPS-96-08; and,
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F. Notice of Public Hearing
WHEREAS, the Redevelopment Agency set the time and place for a hearing on
said Special Use Permit application and notice of said hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in the
city and its mailing to property owners within 500 feet of the exterior boundaries
of the property at least 10 days prior to the hearing; and
G. Place of Public Hearing
WHEREAS, the hearing was held at the time and place as advertised, namely
December 10, 1996 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue,
before the Redevelopment Agency and said hearing was thereafter closed.
II. 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 November 13, 1996 and the
minutes and resolution resulting therefrom, are hereby incorporated into the record of
this proceeding.
NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY
hereby approves the special use permit based on the following findings and all other reports,
evidence and testimony presented with respect to the proposed use, and subject to the following
terms and conditiOlis.
III. SPECIAL USE PERMIT FINDINGS
The following fmdings are required by the Southwest Redevelopment Plan which governs
the issuance of special use permits. The Redevelopment Agency of the City of Chula
Vista hereby sets forth the following evidentiary basis for approval of the proposed
Project:
A. 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 open air market is desirable in that it will provide a needed service
not otherwise easily accessible to residents of western Chula Vista by making
available a place where they can purchase needed personal, household and
business items.
B. 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
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working in the vicinity or injurious to property or improvements in the
vicinity.
The operational plan of the proposed open air market indicates that traffic going
to or coming from the market at the Project Site will not have negative impacts
to the health, safety or general welfare of persons residing or working in the
vicinity or be injurious to property or improvements in the vicinity in that the
arrival and departure of vendors and shoppers will be spread throughout the day,
thus not causing congested roadways. Other conditions of approval adequately
mitigate any and all other potential negative impacts to the health, safety and
general welfare of the community.
C. That the proposed use will comply with the regulations and conditions
specified in the code for such use.
Special Use Permit SUPS-96-08 is conditioned to require the Applicants 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 SUPS-96-08 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.
D. 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 SUPS-96-97 will not adversely affect the Chula Vista General
Plan in that said Project is proposed to be operated on a site already partially
developed, containing public facilities (water, sewer, etc.), said proposed open
air market conforming with the General Plan in that this Special Use Permit has
been properly executed and duly adopted.
IV. ADOPTION OF MITIGATED NEGATIVE DECLARATION AND INCORPORATION
OF ALL FEASIBLE MITIGATION MEASURES
Subject to the terms and conditions hereof, the Redevelopment Agency does hereby adopt
and incorporate herein as conditions for all approvals herein granted all mitigation
measures identified by the Mitigated Negative Declaration issued for IS-97 -03 and in the
Mitigation Monitoring and Reporting Program for the Project which it has determined
to be feasible in the approval of the Special Use Permit, SUPS-96-08.
V. GRANT OF PERMIT
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Resolution No.
The Redevelopment Agency hereby conditionally grants the Special Use Permit subject to the
following conditions, whereby the Applicant shall:
1. Operate the Project as submitted to and approved by the Agency, except
as modified herein and/or as required by the Municipal Code, and as
detailed in the project description.
2. Install a ten (10) foot wide landscaped buffer along "L" Street the entire
length of the vendor's lot, to the satisfaction of the Director of Planning.
3 . Submit a landscape plan to the Director of Planning prior to occupancy of
the site and install approved landscaping prior to opening for business, or
submit a bond in lieu of landscaping acceptable to the Director of
Planning. In the event the Project's landscaping is not installed within 30
days after opening for operations, this Special Use Permit could be
revoked.
4. To the satisfaction of the City Engineer:
a. Construct an eight (8) foot wide sidewalk along the "L" Street
frontage easterly to meet the existing sidewalk.
In the event a sidewalk is not constructed, post "NO PARKING"
signs the length of the Project's frontage on "L" Street, to the
satisfaction of the City Engineer.
b. Construct the easterly-most driveway to Commercial Standards.
c. Widen Industrial for a length, to a width, and to a standard
satisfactory to the City Engineer. Applicant may request a delay
of improvements from the City Engineer pursuant to condition 4d
below.
d. If the Applicant desires to request an extension of this permit
beyond the approved eighteen (18) months, or if the Applicant
desires to request an expansion of the days of operation, the
request must be submitted a minimum of three (3) months prior to
the expiration date. Along with the extension and/or expansion
request, Applicant shall also submit an in-depth traffic study, in a
form satisfactory to the City Engineer, which analyzes traffic
impacts on Industrial Boulevard and provides mitigation necessary
to improve the level-of-service (LOS) on Industrial Boulevard from
an LOS F to and LOS C. Said study shall also include an analysis
for providing a traffic signal in addition to adding a lane. Said
improvement(s) may include, but not be limited to, adding an
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additional lane from south of the freeway ramps to L Street and a
signal at the 1-5 on/off ramp intersection. Approval of any
extension or expansion request will be conditioned upon timely
implementation of any traffic measure deemed appropriate by the
City Engineer, based on said report, and shall be constructed to
the satisfaction of the City Engineer and Director of Planning.
5. Pave all parking areas to a "Temporary Use" standard (maximum of one
year) consisting of two (2) inches of compacted decomposed granite, the
top one inch of which has been treated with SC-250 asphalt road oil to
form a water-resistant and dust free wearing surface. Penetrants shall be
applied at such rates or a sufficient number of times to produce the
specified wearing surface. A weed killer shall be applied tin accord with
the manufacturers instructions to the entire area to be paved.
In the event the Applicant requests and receives either an extension or
expansion, or modifies the operational characteristics of the Project, the
"Semi-Permanent Use" standard (maximum of five years) shall be applied
to parking lot paving.
6. Consistent with CVMC, Section 19.58.370B, request that the Zoning
Administrator grant, in conjunction with the open air market, up to six (6)
permits per year not to exceed twenty-four (24) days in any calendar year,
but not exceeding seven (7) consecutive days, for events which would
allow the open air market to maintain temporary displays and facilities on
the site for the duration of the event. The permit shall be submitted for
review at least thirty (30) days prior to the commencement of the event,
and shall include all plans, exhibits, and operational information deemed
necessary by the Zoning Administrator in order to properly evaluate the
request, render a decision, and apply any necessary conditions.
7. Prior to obtaining a business license from the City of Chula Vista for
operating an open air market, cooperate with the Business License Officer
in order to develop and implement a tax collection/business licence
issuance plan for all vendors, to the satisfaction of the Director of
Finance.
8. The open air market is authorized to occupy the site from the hours
between 5:00 a.m. and 5:00 p.m. Fridays, Saturdays and Sundays. In
every instance all structures, equipment and activities associated with the
open air market other than approved permanent storage facilities or
fencing shall be cleared from the site by 5:00 p.m. The hours the open
air market is permitted to be open to the public is from 7:00 a.m. to 3:00
p.m. The applicant may request from the Zoning Administrator extension
of the days to include Thursdays after one year of operation from the
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opening day of sales. The Zoning Administrator may approve, deny or
modify the extension subject to appeal to the Planning Commission.
9. To the satisfaction of the Conservation Coordinator:
a. Ensure a litter abatement, recycling and trash disposal program
that will eliminate any litter from leaving the facility and meet or
exceed the 50% source reduction, reuse and recycling diversion
goals mandated by the State of California.
b. Provide an annual report of the solid waste management plan each
January for the previous calendar year.
c. Place refuse and recycling collection/enclosure areas within the
Project site.
10. F or the life of the open air market, review the consistency of actual
operations with the operational parameters considered in the Initial Study
(lS-97-03) and Special Use Permit (SUPS-96-08) with the Zoning
Administrator, Police Department, Fire Department and Public Works
Department on the anniversary date after the opening of operations. Said
review shall be initiated by a report prepared by the open air market
operator to the Zoning Administrator which shall address such issues as
traffic impacts, adequacy of parking, ingress/egress, hours of operation,
etc. The Zoning Administrator shall, at his/her sole discretion, determine
whether or not the operations are materially consistent with the nature and
intensity of the operational parameters used to evaluate the project in the
Initial Study and Special Use Permit. If the operational profile is deemed
inconsistent and more impactive than originally expected, the Zoning
Administrator may require review and/or modification of conditions via
additional environmental review and/or a formal modification to the
Special Use Permit.
In the event the Applicant/operator disagrees with the with the
determination of the Zoning Administrator as to the consistency of actual
operations as described in the above-mentioned review, a third party
agreement shall be executed through the Planning Department at
Applicant's/operator's expense which shall address the matter. The third
party shall arbitrate the disagreement, and both the Applicant/operator and
the Zoning Administrator hereby agree to abide by the decision of the
third party.
11. Prior to opening for operations, schedule a security survey with the Chula
Vista Police Department, Crime Prevention Unit, and implement the
suggestions of said survey in order to enhance security. Notwithstanding
(m:\home\planning\martin\swapmeet\9608ra.res)
.q-2?l
Resolution No.
[STAFF RECOMMENDED RESO]
Page #7
the implementation of the security survey, in the event crime and/or
security becomes a problem, as indicated by increased crime reports filed
with the Chula Vista Police Department related to the open air market,
Applicant shall retain, at Applicant's expense, a company who shall
prepare a crime reduction/security provision report for the operation of the
open air market, to the satisfaction of the Chief of Police. Said report
shall address issues specified by the Chief of Police, and shall include
recommendations to enhance security and reduce crime. Said
recommendations shall be implemented to the satisfaction of the Zoning
Administrator and the Chief of Police.
12. Comply with and implement all requirements of the Fire Marshal as
related to conforming with the Uniform Fire Code and applicable
Municipal Code requirements.
13. Provide appropriate access agreements and/or devices to the Project Site,
to the satisfaction of the of the Fire Marshal. Such devices may include,
but not be limited to, knox boxes, break-away gates, etc.
14. Comply with and implement all requirements of the Director of the
Building and Housing Department as related to conforming with the
Uniform Building Code.
15. Comply with and implement all provisions related to Title 24 (Part II),
Disabled Access, to the satisfaction of the Director of Building and
Housing.
16. Prior to opening for operations, pay all applicable fees to the Chula Vista
Elementary School District and Sweetwater Union High School District,
or participate in alternative financing mechanisms, to the satisfaction of
each respective school district.
17. Comply with all City ordinances, standards, and policies except as
otherwise provided in this Resolution. Any violation of City ordinances,
standards, and policies, or of any condition of approval of this Special
Use Permit, or of any provision of the Municipal Code, as determined by
the Director of Planning, shall be grounds for revocation or modification
of this Special Use Permit by the City of Chula Vista.
18. Execute the attached Agreement indicating that you have read, understand
and agreed to the conditions of approval contained herein, and will
implement same.
19. This permit shall be subject to any and all new, modified or deleted
conditions imposed after approval of this permit to advance a legitimate
(m:\home\planning\martin\swapmeet\9608ra.res)
4 - :29
Resolution No.
[STAFF RECOMMENDED RESO]
Page #8
governmental interest related to health, safety or welfare which the City
shall impose after advance written notice to the Permittee and after the
City has given to the Permittee the right to be heard with regard thereto.
However, the City, in exercising this reserved right/condition, may not
impose a substantial expense or deprive Permittee of a substantial revenue
source which the Permittee can not, in the normal operation of the use
permitted, be expected to economically recover.
20. This Special 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.
21. Pay all costs associated with implementing any of the above conditions
of approval.
22. Operate this Special Use Permit for a period of eighteen (18) months from
the date of approval by the Redevelopment Agency, after which time the
approval for this Special Use Permit expires.
23. Any change to the operational profile or any request for the extension or
expansion of the use shall require approval of a modification by the
Redevelopment Agency of this Special Use Permit and/or the Mitigated
Negative Declaration issued for IS-97-03, and may result in additional
conditions of approval and/or mitigation measures.
24. Applicant/operator shall and does hereby agree to indemnify, protect,
defend and hold harmless City, the Redevelopment Agency members, the
City Council members, officers, employees, agents and representatives,
from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorneys' fees (collectively,
"liabilities ") incurred by the City arising, directly or indirectly, from (a)
Agency's approval and issuance of this Special Use Permit, (b) Agency's
or City's approval or issuance of any other permit or action, whether
discretionary or non-discretionary, in connection with the use
contemplated herein, and (c) Applicant's installation and operation of the
facility permitted hereby. Applicant's/operator's compliance with this
provision is an express condition of this Conditional Use Permit and this
provision shall be binding on any and all of Applicant's/operator's
successors and assigns.
[The following wording should be added to condition 24 in the event the
Redevelopment Agency chooses to forego any condition requiring full sidewalk
improvements along "L" Street. If the Redevelopment Agency requires that
sidewalks be installed, the following wording should be ignored and will not be
included in condition 24.]
(m:\home\plarming\manin\swapmeet\9608ra.res)
-4 -3-0
Resolution No.
[STAFF RECOMMENDED RESO]
Page #9
In light of Applicant's objection to the condition that a sidewalk be
constructed along "L" Street, Applicant's/operator's obligations under this
condition shall extend any liabilities with respect to persons or property
arising, directly or indirectly, from the conduct of Project vendors or
customers on or around the Property, including within the public right -of-
way, except to the extent caused by City's sole negligence or willful
misconduct.
VI. 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.
THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY
THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA,
THIS 10TH DAY OF DECEMBER 1996.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning
,-
(m:\home\planning\martin\swapmeet\9608ra. res)
4 - 3-1
AGREEMENT BY AND BETWEEN
THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA
AND
THE OPERATORS OF THE CHULA VISTA MARKETPLACE AND
THE PROPERTY OWNER OF 690 "L" STREET
RELATED TO THE CONDITIONAL APPROVAL OF SUPS-96-08 AND IS-97-03
The property owner and the Applicant shall execute this document by signing the lines provided
below, said execution indicating that the property owner and Applicants have each read,
understood and agreed to the conditions contained in Resolution No. , and will implement
same to the satisfaction of the City. Upon execution, this document and a copy of Resolution
No. 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 City
Clerk. Failure to return a signed and stamped copy of this recorded document within thirty 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
690 "L" Street
Date
Signature of Representative of
Chula Vista Marketplace
Date
Attachment: Resolution No.
4-3~
ATTACHMENT 2
Negative Declaration Issued for
18-97 -03
mitigated negative declaration
PROJECT NAME:
Chula Vista Marketplace
PROJECT LOCATION:
690 "L" Street
Chula Vista, CA
ASSESSOR'S PARCEL NO.:
618-010-24
PROJECT APPLICANT:
Benjamin Hourani, George Ronis, Victor Joseph
CASE NO: IS-97-03
DATE: November 8,1996
A. Proiect Sening
The project site consists of a vacant 144,000 d. (3.5 acres) parcel located at the
southeast corner of "L" Street and Industrial Boulevard. There are two access points to
the site, both located on "L" Street. The average graded slope of the site is 2.0% and the
maximum graded slope is 5.0%. The site is zoned Limited Industrial (IL) and is
designated as Research and Limited Manufacturing on the General Plan. There is
multi-family residential to the north across "L" Street, medical offices and light
industrial to the east, light industrial to the south and the San Diego Trolley to the
west (between the site and Industrial Boulevard). A traffic study performed by Darnell
and Associates, Inc. concluded that an LOS (Level of Service) of "F" exists on
Industrial Boulevard, from "L" Street south to the on! off ramps. The smdy also
indicates that traffic flows on Industrial Boulevard at project location are at 126% of
capacity and are projected to reach 136% of capacity in the short term future.
B. Proiect Description
The applicant proposes establishing an open air market for the sale of new and used
items as well as fresh produce. The project consists of 260 sales stalls (2-3 stalls per
vendor per day). Roughly 150 public parking spaces are proposed for the 44,000 d.
property east of the sales stalls. The public will be charged a $.50 entry fee. It is
estimated that there will be 15 employees and between 700-800 customers per day.
Hours of operation will be from 5 a.m. till 5 p.m. for employees and 7 a.m. till 3 p.m.
for visitors. The applicant proposes the installation of 12 temporary toilet facilities on-
site. The market would be open on Fridays, Saturdays and Sundays. Prior to issuance
of permits, the applicant will be required to pay all applicable school fees.
The discretionary actions include the approval by the Design Review Committee, a
Special Use Permit and possibly a Owner Participation Agreement (OPA). ~l~
-r-
4 -33 .~-~
city of chula vilta planning department 01Y Of
environmental review ..ctlon. OiUlA VlSIf
C. Compatibilitv ,,'ith Zoning and Plans
The current zoning on-site is IL (Limited Industrial) and the site is designated Research
and Limited Manufacturing on the General Plan Diagram. The' proposed project will
be in compliance with the Zoning Ordinance and General Plan if the applicant obtains
a Special Use Permit (SUP).
D. Identification of Environmental Effects
An initial study conducted by the City of Chula Vista (including the attached
Environmental Checklist Form) determined that the proposed project will not have a
significant environmental effect, and the preparation of an Environmental Impact
Report will not be required. This Mitigated Negative Declaration has been prepared in
accordance with Section 15070 of the State CEQA Guidelines.
The following impacts have been determined to be significant and will require mitigation. A
discussion of each of these impacts from the proposed project follows:
Applicant has performed an ingress/egress study to determine projects effect on City's
circulation system. That study concluded that Industrial Boulevard must be improved
from south of the freeway ramps to "L" Street to add an additional lane in that
segment.
Dedication will be required along the "L" Street frontages as well as the parking lot
area. Street widening will be required along "L" Street to bring roadway up to Class I
Collector standards. Widening of the parking lot parcel driveway to the east of the
project site is also required. Finally, A.C. pavement, curb, gutter and sidewalk along
project and parking lot frontages will be required.
Police Department staff state, expected high vehicular and foot traffic through project
implementation would increase the potential for traffic hazards and accidents. This
increase would be due to the high number of pedestrians crossing the "L"
Street/Industrial Boulevard portion of the MIDB trolley line. The increase in
pedestrians would create a hazard since the trolley does not stop at that crossing. In
addition, a parking area open to any foot traffic lends itself to petty theft, burglary,
robbery and possible auto theft. There is no indication of parking lot fencing or the
level of security provided. Overall, there are several concerns regarding required
police services and personnel for this project in order to maintain current levels of
service for the area.
(M:\b.omcIpJanrung'.Keltl:l.\Dd..sv.'2.p)
pagel
4-3-c./
E. Mitigation necessarY to avoid significant effects
Specific project mitigation measures are required to reduce poteptially significant
environmental impactS identified in the initial study for this project to a level below
significant. Mitigation measures have been incorporated into the project design and
have been made conditions of project approval, as well as requirements of the attached
Mitigation Monitoring Program (Attachment "A"). Those measures are described
below:
1). The parking area should be paved to provide designated parking spaces and
maximize the number of spaces on-site. Also, paving will facilitate proper circulation
within the project.
2). Existing driveway will need to be removed and a new commercial width driveway
installed. This new driveway must be aligned with Woodlawn Avenue.
3). A 7-foot dedication and street improvements are required along the "L" Street
frontage. These improvements will bring "L" Street up to Class I Collector and
General Plan Standards. Since this project is designated as a temporary use, the
applicant can request deferral of the above conditions through the Engineering
Division of the Public Works Department.
4). Engineering staff state that an LOS "F" exists on the project portion of Industrial
Boulevard. The widening requirements of Industrial Boulevard to mitigate the LOS
"F" on the segment south of freeway ramps to "L" Street can be deferred. However, if
the use is extended beyond the one year proposed, a more in-depth traffic study of
impactS on Industrial Boulevard will have to be performed. That study must include,
but not be limited to, intersection analysis to focus on the most effective method to
eliminate the level of service problem.
5). Possible mitigation might include, in addition to widening, signalization of the
freeway ramps.
An Initial Study conducted by the City of Chula Vista (including an attached Environmental
Checklist Form) determined that the proposed project will not have a significant
environmental effect, and the preparation of an Environmental Impact Report will not be
required. This Mitigated Negative Declaration has been prepared in accordance with Section
15070 of the State CEQA Guidelines.
(M:\bomc'P1anmng\lc.cltb\l]CI..S\l.'3p)
4-3S
page3
D. Consultation
1. Individuals and Organizations
City of Chula Vista: Keith Barr, Planning
Barbara Reid, Planning
Martin Miller, Planning
Roger Daoust, Engineering
Cliff Swanson, Engineering
Steve Thomas, Engineering
Garry Williams, Planning
Ken Larsen, Director of Building & Housing
Doug Perry, Fire Marshal
MaryJane Diosdada, Crime Prevention
Marty Schmidt, Parks & Recreation Dept.
Ann Moore, Assistant City Attorney
Chula Vista City School District: Dee Peralta
Sweetwater Union High School District: Torn Silva
Applicant's Agent: Cheryl Cox; Cox and Associates
2. Documents
Chula Vista General Plan (1989) and EIR (1989)
Title 19, Chula Vista Municipal Code
Traffic Study for Proposed South Bay Marketplace in the City of Chula Vista
(Darnell and Associates, Inc. October 22, 1996)
3. Initial Studv
This environmental determination is based on the attached Initial Study, any
comments received on the Initial Study and any comments received during the
public review period for this Mitigated Negative Declaration. The report
reflects the independent judgement of the City of Chula Vista. Further
information regarding the environmental review of this project is available
. from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista,
CA 91910.
f) (7~-. 7A~ QJJ4/
ENVIRO \
NTAL REVIEW COORDINATOR
(M:\ll.omClplanmng\kClthlDd..SWaP)
4-~
page4
.Case No.IS-97-3
ENVIRONMENTAL CHECKLIST FORM
1.
Name of Proponent:
Benjamin Hourani, George Ronis, Victor
Joseph
2.
Lead Agency Name and Address:
Cheryl Cox; Cox and Associates
647 Windsor Cir.
Chula Vista, CA 91910
3.
Address and Phone Number
of Proponent:
492 Third Avenue #201
Chula Vista, CA 91910
619/427-9038
4.
Name of Proposal:
Chula Vista Marketplace
5. Date of Checklist: November 7, 1996
Potentiall)'
Potentially Signific.:mt I=th",
Significant Un!", Significant No
Imp2ct Mitigated Impact Impact
1. LAND USE AND PLANNING. Would the
proposal:
a) Conflict with general plan designation or 0 0 I8l 0
zoning?
b) Conflict with applicable environmental 0 0 0 I8l
plans or policies adopted by agencies with
jurisdiction over the project?
c) Mect agricultural resources or operations 0 0 0 I8l
(e.g., impacts to soils or farmlands, or
impacts from incompatible land uses)? .
d) Disrupt or divide the physical arrangement 0 0 0 I8l
of an established community (including a
low-income or minority community)?
Comments: The proposed project will be in compliance with the Zoning Ordinance and
General Plan if the applicant obtains a Special Use Permit (SUP).
4-37
(M:\home\pLanning\keith\dlin.swap)
na"el
,
Potentially
PotentiOllh' Signific.Jnt Less than
Significan't Unl~ Signific.:mt ]\;0
ImpOlct Mitig:l.ted ImpOld: ImpOld:
II. POPULATION AND HOUSING. Would
the pl'Oposal:
a) Cumulatively exceed official regional or 0 0 0 ~
local population projections?
b) Induce substantial growth in an area either 0 0 0 ~
directly or indirectly (e.g., through
projects in an undeveloped area or
e),:tension of major infrastructure)?
c) Displace existing housing, especially 0 0 0 ~
affordable housing?
Comments: The project does not propose any activity that will effect growth rate or
location of existing population.
III. GEOPHYSICAL. Would the proposal result
in or expose people to potential impacts
involving:
a) Unstable earth conditions or changes in 0 0 0 ~
geologic substructures?
b) Disruptions, displacements, compaction or 0 0 0 ~
overcovering of the soil?
c) Change in topography or ground surface 0 0 0 ~
relief features?
d) The destruction, covering or modification 0 0 0 ~
of any unique geologic or physical
features?
e) Any increase in wind or water erosion of 0 0 0 ~
soils, either on or off the site?
f) Changes in deposition or erosion of beach 0 0 0 ~
sands, or changes in siltation, deposition or
erosion which may modify the channel of
a river or stream or the bed of the ocean or
any bay inlet or lake?
g) Exposure of people or property to geologic 0 0 0 ~
hazards such as earthquakes, landslides, .
mud slides, ground failure, or similar
hazards?
4-3-8'
(M:\home\planning\1::eiili\d:lisl_swao)
-"~."
Potc:nti.4lh.
Potc:nti:LlIv Signifion't Les.s th2.n
Signifion't Vol", Signific2nt !\:o
Imp.3ct ?t1iti(;ned Imp2ct Imp.1oct
Comments: Implementation of proposed project would not create any significant
geophysical impacts.
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage D D D 18l
patterns, or the rate and amount of surface
runoff?
b) Exposure of people or property to water D D D 18l
related hazards such as flooding or tidal
waves?
c) Discharge into surface waters or other D 0 D 181
alteration of surface water quality (e.g.,
temperature, dissolved oxygen or
turbidity)?
d) Changes in the amount of surface water in 0 0 0 181
any water body?
e) Changes in currents, or the course of D 0 D 18l
direction of water movements, in either
marine or fresh waters?
fj Change in the quantity of ground waters, 0 0 0 181
either through direct additions or
withdrawals, or through interception of an
aquifer by cuts or excavations?
g) Altered direction or rate of flow of 0 0 0 181
groundwater?
h) Impacts to groundwater quality? 0 0 0 181
i) Alterations to the course or flow of flood D 0 0 18l
waters?
j) Substantial reduction in the amount of 0 0 0 181
water otherwise available for public water
supplies?
Comments: Groundwater quality would not be affected through project implementation.
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or 0 0 0 181
contribute to an existing or projected air
quality violation? 4-3g
~'\nn1'T1("\'nhf'f1ir"".YI";'h\~~';'" '""-.~,,' ____"I
Potcnti:1llv
Potcnti:a.ll,. Signific..:m"t Wsth;!.n
SignifiC3nt Unless Significnt ;-':0
lmp2C.t Mitig2ted Imp2c.t Imp2ct
b) Expose sensitive receptors to pollutants? 0 0 0 [8:1
c) Alter air movement, moisture, or 0 0 0 [8:1
temperature, or cause any change in
climate, either locally or regionally?
d) Create objectionable odors? 0 0 0 [8:1
e) Create a substantial increase in stationary 0 0 0 [8:1
or non-stationary sources of air emissions
or the deterioration of ambient air quality?
Comments: Deterioration of air quality would not result from the proposed project.
Vehicular emissions resulting from the project are not considered significant.
VI. TRANSPORTA TION/CIRCULA TION.
Would the proposal result in:
a) Increased vehicle trips or traffic 0 [8:1 0 0
congestion?
b) Hazards to safety from design features 0 0 0 [8:1
(e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g.,
farm equipment)?
c) Inadequate emergency access or access to 0 0 0 [8:1
nearby uses?
d) Insufficient parking capacity on-site or off- 0 0 0 [8:1
site?
e) Hazards or barriers for pedestrians or 0 0 0 [8:1
bicyclists?
fj Conflicts with adopted policies supporting 0 0 0 [8:1
alternative transportation (e.g. bus
turnouts, bicycle racks)?
g) Rail, waterborne or air traffic impacts? 0 0 0 [8:1
h) A "large project" under the Congestion 0 0 0 [8:1
Management Program? (An equivalent of
2400 or more average daily vehicle trips or
200 or more peak-hour vehicle trips.)
~.
4- c/o
11vl":\n()m~\!'1:m..,i1'1"'b.;fh\ryl;~! ~un'"
~~"...l:
Potenti2l1r
SignificlOt
Imp2ct
Potc:nti:J.lI\'
Signifian"t
Unlw
Mitig2ted
Les.s th:J.n
Signifiant
lmp.:lct
:So
Imp:J.ct
Comments: A traffic study performed by Darnell and Associates, Inc. concluded that an
LOS (Level of Service) of "F" exists on Industrial Boulevard, from "L" Street south to the
on! off ramps. The widening requirements of Industrial Boulevard t~ mitigate LOS "F" on
the segment south of freeway ramps to "L" Street can be deferred. However, if the use is
extended beyond the one year proposed, a more in-depth traffic study of impacts on
Industrial Boulevard will have to be performed. That study must include, but not be
limited to, intersection analysis to focus on the most effective method to eliminate the level
of service problem. The study also indicates that traffic flows on Industrial Boulevard at
project location are at 126% of capacity and are projected to reach 136% of capacity in the
short term future. A 7 -foot dedication and street improvements are required along the "L"
Street frontage. These improvements will bring "L" Street up to Class I Collector and
General Plan Standards. Since this project is designated as a temporary use, the applicant can
request deferral of the above conditions through the Engineering Division of the Public
Works Department. The site should be paved to provide designated parking spaces and
maximize the number of spaces on-site. Also, paving will facilitate proper circulation
within the project. Existing driveway will need to be removed and a new commercial width
driveway installed. This new driveway must be aligned with Woodlawn Avenue. Possible
mitigation might include, in addition to widening, signalization of the freeway ramps.
VII. BIOLOGICAL RESOURCES. Would the
proposal result in impacts to:
a) Endangered, sensitive species, species of 0 0 0 ~
concern or species that are candidates for
listing?
b) Locally designated species (e.g., heritage 0 0 0 ~
trees)?
c) Locally designated natural communities 0 0 0 ~
(e.g, oak forest, coastal habitat, etc.)?
d) Wetland habitat (e.g., marsh, riparian and 0 0 0 ~
vernal pool)?
e) Wildlife dispersal or migration corridors? 0 0 0 ~
f) Affect regional habitat preservation 0 0 0 ~
planning efforts?
Comments: No biological impacts would be created through project implementation.
VIII. ENERGY AND MINERAL RESOURCES.
Would the proposal:
a) Conflict with adopted energy conservation
plans?
o
o
o
~
4-c.fr
fM '\;,"m..\"h".,;.,,,\y..;,J.,\~\.,;... ~.,.~~ \
Potenti.:l11y
PountiJ.1l,. Sig-nifjont Lessth.m
SignifiC4nt Unless Signifiont Ko
Impact Mitig:ltcd Imp3ct Impact
b) Use non-renewable resources in a wasteful D D D [gI
and inefficient manner?
c) If the site is designated for mineral resource D D D [gI
protection, wiII this project impact this
protecti'on?
Comments: The proposed project wiII not have any impact on energy or fuel
consumptIOn.
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of D D D [gI
hazardous substances (including, but not
limited to: petroleum products, pesticides,
chemicals or radiation)?
b) Possible interference with an emergency D D D [gI
response plan or emergency evacuation
plan?
c) The creation of any health hazard or D D D [gI
potential health hazard?
d) Exposure of people to existing sources of D D D [gI
potential health hazards?
e) Increased fire hazard in areas with D D D [gI
flammable brush, grass, or trees?
Comments: The proposed project would not cause a risk of upset in the City. The project
would not release toxic or hazardous material into the environment during upset
conditions.
x. NOISE. Would the proposal result in:
a) Increases in existing noise levels? D D D [gI
b) Exposure of people to severe noise levels? D D D [gI
Comments: Noise levels will not increase with project implementation.
,
I
'--'
XI. PUBLIC SERVICES. Would the proposal
have an effect upon, or result in a need for new
or altered government services in any of the
following areas:
4-<-1-2-
(M :\home\olannin!!\kc;th\d::]is!_sv"~__o)
m~~
Potentially
Potcnti;t\Jy SignifiCJ.nt Les.s than
Signifion't Unless Si:;nifiant No
Imp:!.ct ~1itig:!.tcd Imp:!..::! Imp3.ct
a) Fire protection? 0 0 0 ~
b) Police protection? 0 0 0 ~
c) Schools? 0 0 0 ~
d) Maintenance of public facilities, including 0 0 0 ~
roads?
e) Other governmental services? 0 0 0 ~
Comments: No new governmental services will be required to serve the project.
XII. Thresholds. Will the proposal adversely impact
the City's Threshold Standards?
o
o
o
~
As described below, the proposed project does not adversely impact any of the seen
Threshold Standards.
a) Fire/EMS
o
o
o
~
The Threshold Standards requires that fire and medical units must be able to
respond to calls within 7 minutes or less in 85% of the cases and within 5
minutes or less in 75% of the cases. The City of Chula Vista has indicated that
this threshold standard will be met, since the nearest fire station is 1.5 miles away
and would be associated with a 4 minute response time. The proposed project
will comply with this Threshold Standard.
Comments: The Fire Department requires applicant to provide access at locked and
secured driveway at all times. Also, applicant will provide an access gate on east fence line
at proposed location for catering.
b) Police
o
o
o
~
.j
The Threshold Standards require that police units must respond to 84% of
Priority 1 calls within 7 minutes or less and maintain an average response time to
all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10% of
Priority 2 calls within 7 minutes or less and maintain an average response time to
all Priority 2 calls of 7 minutes or less. The proposed project will comply with
this Threshold Standard. .
Comments: Expectedhigh vehicular and foot traffic with project implementation would
increase the potential for traffic hazards and accidents. High number of
pedestrians crossing the "L" Street/Industrial Boulevard trolley line would
create a hazard since the trolley does not stop at that crossing. Proposed
parking area open to any foot traffic lends itself to petty theft, burglary,
robbery and possible auto theft. There is no indication of parking lot fencing
or the level of security provided.
4-43
1'>, _''-~__\_'___;_~'''' ~;.'-.. .'.'-.. ....,_,
Potent::1l]~'
Potenti:1lly SignifiC4nt Les.sth:m
Signific.:mt Unl~ Signifiont i"o
Imp2ct Mitig2td Imp2ct Impact
C) T raffi c 0 0 0 [gJ
The Threshold Standards require that all intersections must operate at a Level of
Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D"
may occur during the peak two hours of the day at signalized intersections.
Intersections west of I-80S are not to operate at a LOS below their 1987 LOS.
No intersection may reach LOS "E" or "F" during the average weekday peak
hour. Intersections of arterials with freeway ramps are exempted from this
Standard. The proposed project will not comply with this Threshold Standard.
Comments: Industrial Boulevard is already at LOS "F" and traffic flows on Industrial
Boulevard at project location are at 126% of capacity and are expected to reach 136% of
capacity in the short-term future.
d) Parks/Recreation
o
o
o
[gJ
The Threshold Standard for Parks and Recreation is 3 acres/l,OOO population.
The proposed project will comply with this Threshold Standard.
Comments: Project will not affect Parks and Recreation Department.
e) Drainage
o
o
o
[gJ
The Threshold Standards require that storm water flows and volumes
not exceed City Engineering Standards. Individual projects will provide
necessary improvements consistent with the Drainage Master Plan(s)
and City Engineering Standards. The proposed project will comply
with this Threshold Standard.
Comments: Drainage capacities will not be affected by project implementation.
f) Sewer
o
o
o
[gJ
The Threshold Standards require that sewage flows and volumes not
exceed City Engineering Standards. Individual projects will provide
necessary improvements consistent with Sewer Master Plan(s) and City
Engineering Standards. The proposed project will comply with this
Threshold Standard.
Comments: Sewer capacities will not be affected through project implementation.
g) Water
o
o
o
[gJ
\
:"---'
4- 4- ~
N.'t>"f1"~1....1~'"\nin"'.\'-~;';,\~H;~, =",,\
na!'e8
Potenti.al!"
Signifion't
Imp:u:t
Potl:nti;J..!]y
Signific.mt
Unless
Mitig;ned
Les.sth:m
Sil:nifiont
Impact
~o
Impact
The Threshold Standards require that adequate storage, treatment, and
transmission facilities are constructed concurrently with planned growth and
that water quality standards are not jeopardized during growth and construction.
The proposed project will comply with this Threshold Standard.
Applicants may also be required to participate in whatever water conservation or
fee off-set program the City of Chula Vista has in effect at the time of building
pernnt Issuance.
Comments: Groundwater quality would not be affected through project implementation.
XIII. UTILITIES AND SERVICE SYSTEMS.
Would the proposal result in a need for new
systems, or substantial alterations to the
following utilities:
a) Power or natural gas? 0 0 0 181
b) Communications systems? 0 0 0 181
c) Local or regional water treatment or 0 0 0 181
distribution facilities?
d) Sewer or septic tanks? 0 0 0 181
e) Storm water drainage? 0 0 0 181
f) Solid waste disposal? 0 0 0 181
Comments: The proposed restaurant will not generate a need for new systems or
alteration to the aforementioned utilities.
XIV. AESTHETICS. Would the proposal:
a) Obstruct any scenic vista or view open to 0 0 0 181
the public or will the proposal result in the
creation of an aesthetically offensive site
open to public view?
b) Cause the destruction or modificat.ion of a 0 0 0 181
scenic route?
c) Have a demonstrable negative aesthetic 0 0 0 181
.. effect?
4 -45:
Potenti~l\'
Pote-no.}l," Signifign't Lessth:m
Signifignt Unless Signifiont 1'\'0
Impact Mitigne-d Impact Impact
d) Create added light or glare sources that 0 0 0 [8:1
could increase the level of sky glow in an
area or cause this project to fail to comply
with Section 19.66.100 of the Chula Vista
Municipal Code, Title 19?
e) Reduce an additional amount of spill light? 0 0 0 [8:1
Comments: There are no scenic highways in the vicinity of the site that will be affected
by the proposed project.
XV. CULTURAL RESOURCES. Would the
proposal:
a) Will the proposal result in the alteration of 0 0 0 [8:1
or the destruction or a prehistoric or
historic archaeological site?
b) Will the proposal result in adverse physical 0 0 0 [8:1
or aesthetic effects to a prehistoric or
historic building, structure or object?
c) Does the proposal have the potential to 0 0 0 [8:1
cause a physical change which would affect
unique ethnic cultural values?
d) Will the proposal restrict existing'religious 0 0 0 [8:1
or sacred uses within the potential impact
area?
e) Is the area identified on the City's General 0 0 0 [8:1
Plan EIR as an area of high potential for
archeological resources?
Comments: There are no cultural resources within the project area.
XVI. PALEONTOLOGICAL RESOURCES. 0 0 0 [8:1
Will the proposal result in the alteration of or the
destruction of paleontological resources?
Comments: There are no paleontological resources within the project area;
XVII. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or 0 0 0 [8:1
regional parks or other recreational
facilities?
4-<-/&
PotentiJ..\!v
Potcntiall\' Significan"t Less than
SignifiC2n"t Unless Significant ~o
Imp~ct Mitig~ted Impact Impa:::t
b) Affect existing recreational opportunities? 0 0 0 [gI
c) Interfere with recreation parks & 0 0 0 [gI
recreation plans or programs?
Comments: There are no recreational facilities that will be affected by the project.
XVIII. MANDATORY FINDINGS OF
SIGNIFICANCE: See Negative
Declaration for mand4tory findings of
significance. If an ElR is needed, this section
should be completed.
a) Does the project have the potential to
degrade the quality of the environ~ent,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major periods or
California histoty or prehistoty?
Comments: If mitigated, none of the impacts associated with the project will be
considered significant and the project as a whole would not degrade the environment or
substantially affect any biological habitats or cultural resources.
b) Does the project have the potential to
achieve short-term, to the disadvantage of
long-term, environmental goals?
Comments: The scope and nature of the project would not result in the curtailment of
any long term environmental goals.
c) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively
considerable" means that the incremental
effects of a project are considerable when
viewed in connection with the effects of
past projects, the effects of other current
projects, and the effects of probable future
projects.)
Comments: There are no incremental impacts associated with the project.
4- - .</- /
fM '\1'1"m~\nl,n";""\~~;'~\ryl;~, ~"""''' ~
o
o
[gI
o
o
o
o
[gI
o
o
o
[gI
Potenti:lIl"
Signific.:m't
Impact
Pote:nti41I~.
Sif;nifiont
Unless
:-'litig3ted
Lesstbn
Signifiunt
Imp...ct
No
Imp3ct
d) Does the project have environmental effect D D D [gI
which will cause substantial adverse effects
on human beings, either directly or
indirectly?
Comments: Drainage capacities will not be affected by project implementation.
XIX. PROJECT REVISIONS OR MITIGATION MEASURES:
The following project revisions or mitigation measures have been incorporated into the project
and will be implemented during the design, construction or operation of the project:
1). The site should be paved to provide designated parking spaces and maximize the
number of spaces on-site. Also, paving will facilitate proper circulation within the project.
2). Existing driveway will need to be removed and a new commercial width driveway
installed. This new driveway must be aligned with Woodlawn Avenue.). A 7-foot
dedication and street improvements are required along the "L" Street frontage. These
improvements will bring "L" Street up to Class I Collector and General Plan Standards.
Since this project is designated as a temporary use, the applicant can request deferral of the
above conditions through the Engineering Division of the Public Works Department.
3). An LOS "F" exists on the project portion of Industrial Boulevard. The widening
requirements of Industrial Boulevard to mitigate LOS "F" on the segment south of
freeway ramps to "L" Street can be deferred. However, if the use is e}.1:ended beyond the
one year proposed, a more in-depth traffic study of impacts on Industrial Boulevard will
have to be performed. That study must include, but not be limited to, intersection
analysis to focus on the most effective method to eliminate the level of service problem.
4). Since this project is designated as a temporary use, the widening of Industrial
Boulevard to mitigate LOS "F" on the segment south of freeway ramps to "L" Street can
be deferred. However, if the use is extended beyond the one year proposed, a more in-
depth traffic study of impacts on Industrial Boulevard will have to be performed. That
study must include, but not be limited to, intersection analysis to focus on the most
effective method to eliminate the level of service problem.
5). Possible mitigation might include, in addition to widening, signalization of the
freeway ramps.
P . I
rOJe roponent
~~hL
Dat {
4-rf~
N.\l,..,.,....\n11m.,;nol\...:.l,'.o\-.;c. "'.O"~
n1"""
XX. ENvIRO?\MENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving
at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless
Mitigated," as indicated by the checklist on the following pages.
o Land Use and o Transportation/Circulation o Public Services
Planning
o Population and o Biological Resources o Utilities and Service
Housing Systems
o Geophysical o Energy and Mineral o Aesthetics
Resources
o Water o Hazards o Cultural Resources
o Air Quality o Noise o Recreation
o Mandatory Findings of Significance
XXI. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the 0
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the [gI
environment, there will not be a significant effect in this case because the
mitigation measures described on an anached sheet have been added to the
project. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the 0
environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the 0
environment, but at least one effect: 1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and 2) has been addressed by
mitigation measures based on the earlier analysis as described on anached sheets,
if the effect is a "potentially significant impacts" or "potentially significant unless
mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it
must analyze only the effects that remain to be addressed.
rjJ "'r /JJL I :' j, j <> !.
Signatu Date
--,./
Environmental Review Coordinator
City of Chula Vista
4 tJe;
ru:\j-,,-,.....~'~'n'n;!'''\..~;'I,\~\-T;". .'C',n~
ATTACHMENT 3
Minutes from the 11/11/96 RCC meeting
~\r\'\\.- --, .C-.-----D",70G-- nR,Ib~
\ \ ,,\~ ~(\ \J \rt', '~'R~:"~:, ;'~~O:L~~,~::~,:o:'UVl/.t',<) A ~
\J \" Chul: '\ ":s:a, Cclifo::-.;~ , t I~
6.30 ?.I-i Confer",",ce ;:,c.~/
Monday. No\'e.tnber Il, 1995 Public Sen~ces ~,,:::;!i~
CALL MEETING TO ORDER/ROLL C.ALL: Meeti.!lg was called to order at 6:30 P.M. by Chsir
Burrascano. City StmEnvirOlLr.'lental Re;:ie-w Coorcli...ator Doug Reid celled roll. Pre5er:~:
Commissioners Burrascz.!lO, Hal!, M:~qUEZ, hk.lJister, Thomas, 2nd Yemada. A motion "';:0'
made (ThomG.S!Yalnada) to excuse COll".missio:1er Fis..'ler to a:tend a f.l.'leral; vote 6-0, ",DUO;::
ca.-ried.
Also prese..i1t: Bforbara Barr~erger. En\~rorL~ental Resource 1l.a..T'1ager.
APPROV..!.L OF lvITNlJIES: It '",as MSUC (}.:!:z.rquez;!P.:e1I) to approve the minutes oft';"
0..10" t- 0"", b~ 21 '0"'''' ",:~~'h...h .: .l.l....~..;r, _.:>___;....~.,..
m........~mg 0 I",~O '-'! . J....~o) h.....~ .....e..o '.,;rv..~ CD.I..:....v~..-'..~,.
Page 1, 2nd patagraph under No. 3: .'1~!y CO:1cems V,7e:re expressed on the clez.r:i:g ~j
removz.1 of native pla.its . . . Th~ P..CC felt s:iong!y tlu:.t w1eie should be some rnitigG.tic~
m"'-I:"l'~"', -Q."":,,,;-p.d ;,e....?l's~ o~r':.'" ;~':""-...~C" +0 ".7.::>..'l':!"'1~ 'HD~~'!'...~jon "
. ...."'.......~..........":...4~'"' u~....... J,.~...........~~Q.........~ ........;..J.-.:..~,....::...i..G.~...~
......~ ' . 'h" I ,J'" . ..... . .J t .'
lJ.:.e i~st paragrap~J. snOll!C rea..;: . . . cez;y apprOVal or trus prOJe~t as a negative \.:e::.::':::':lCD
C"lo. "0 ...t..::. .:."'''c''' ~'h~. -ll'.:~".l'O- 1" n""'."';..."" -i~ .~'~'-nn' .,.....r"I..ris "
~....... \...,i....~.::.." W:",,, U ~J.ec.;, h.~.. :.,..l;:;..;.....1J. t-"_, .....~ ...we..;. .... h~:y'::''''''.. ...
Page 2, 6L~ cuBet: "... Co!nr~USSioneL l\Carquez v~'as concerned about the number or
Giatcatcbers a.."ld Ca.....--rus Vlre.~$ k<:ateci. c1c~g the nQr"J-tem portion of the south parc~l ~::.t
would be irnpa:ted. n
Page 3, 3rd bullet: "l\lliquez que~Jone:! su...-;,ri.val of C2.C::'I1S Vv'Te.."1 . . . "
T - b!" "h '-, C' - .. c , ;, . SR1~5 .
l.2st . u let: '" .. o\vever, !2 ::1~ Ity l,O:l:1:H .Linas t..at It must approve an L. prDj:::::t,
tnz.t t.hey recoITunend Alt=rnErive #6 . . . "
P"ge 4, last paragraph s~olJ.ld be corrected to Corn.l7'.ission~i Thomas rather than 11z.r~':':'~2:.
Vote 6--0, motion ca..-ried.
OR./li- COM:~f'ut.:1CATIONS: None.
N.!: W BUSI2\"'ESS:
1. Bcrbara Bemberger, Environrne:1tEl Resource !v<Z.'1ager, showed slides on the CO2
'P' . P' C "" 1~-- ,. " .
.....ecm~;Jon ...1a..'1. omzrUSSloner '.L.aIquez c:'Jm..l"11e.ntea mat It was not a very aggress;\'~. ....;.:>~
tr..at t..~e City ITlight hnplement. 11s. Ba.-:1be.rger stated that although it wu not stro::g:_ :\e
plan w<ts recognized as one of6e best i.::. L'1e U.S. She pointed out that page 211 5h:;....5 ::-.e
items that were pulled out of the plan. I.1ost of the i.r.put ""'as from regional particip:;.ricm.
A request w~s made to induoe a recolTh"TIer,dation -:hat bikes be allowed on the troIle-,::. A
question was asked about err~ssions included in t.lje data from vehicles which ente. fro;~~
Mexico. It was e:>,plained that the vehicles determined to only be passing through Ci:ul:
Vista were r=oved from the eauations so it wouldn't be considered in the data.
.
4-~u
C . c "
ReS0CTCe o;:'Se7\'2.t!on Oi:"w:":SSlC~
~/;.~e :.:.
The analysis incl~ded ir!ormatio~ on '\\'h2.t city residents and businesses conSWTle c.nd d:~:!
was Uialyzed to deal \\ith wzys to elirn;r;a1e CO, e..'lissions. Alternate fuels such as
natural gas and eiectricity was e7..llll'ined md the use of m.etha..'lOI was omitted tom the
study. The plm re\1e-..-ed v.-ays to e!lCDUr2ge more pdes+..rian use and more !Jmd~api;;g
around businesses to accommodate foot trzillc. Discussion was held on the solar poc~
heaters or covers which would be required on new pools. (This would not be appliCl'.D:e to
spas and existing pools would not be retroEtted). A question was asked whether this :o1:."!
was geared toward the pubiic's behavior. The plan wu not behavior-oriented, however,
places like the T eleCe...ters do provide a place to go to avoid commuting and the bike la:it
measures Vo~ll erlcoun;ge more bike paths. Cla,-ification was made on natural gas as a fuei
vs. metha.!le which is produced unru:turally lL'1d is considered very harmful.
Other COIT'...1ems ",'ere thzt the city adopt 2 pollution prevention policy and also deve!?? ~
web oaee en the interuet. 11s. Barnbe.rl!e1" r::~uested that conunissloners submit ::...~v c:h.;;r
. .... - .. .I
con1.rne:-~ts and questions a."ld she ~rin in:o:po~te them i~to her report to Counc~l.
~ 'P' B' ,. ,.!. 1 ,_. _1'D Man 0 -
_. ...aroara . lmDerger expl~_me~ her r04C: '-S tne 1:.nv<..ror.;nent;::J. ."esource . ager. r~:; \-..
her a;-e~s of CO~LCei71 is the use of toxic materials z:.:d p:sticides on city lands a..'1d pz.r1::..
5' -'" !,. j' - h ... .. d -
.1e is lI!~?~=:~entmg a p:.rrc...zsmg po lCY' ~1L PUDllC "'~vorks, !T'uuntenance, an the
purCheSlrlg cepartment to elhri.'~te the ~mrchs.se of supplies containing toxic materiels
(i.e., oil-based paints, EJ11Inoma). She is also involved in t1e planning of the San Diego
Bay, ECGtouriSlP~ South Bay 'Wildlife Re5Jge, arld COnll'uupity Development.
3. Review of Negative Declaration - IS-97 -03, South Bay Market Place. The RCC disC'-'~se:i
the negative i."npacts ~"1d felt that further mitigation ,vas ne:essa..ry in this project: Th~e
were L-1adeauate heaith a,;,d safetv measures tc..ke:l (~se of portable toilets and no r;.lr...-i::.~
'. -
water on the premises), ei-:cess ti"zific f:;r an. a.:-ea that is zJ.:eady below level of service, ~n~
open parkL"1g area lent itself t:) possible cri..me, and another swap meet was already locz:~ ~d
about t\Vo 1:"j.les north of this aree.. It -~'e.s fur"....~er relt that as this arez is a gatet:.'ay ir.to
Chula Vista, the market place would serve as an unsightly introduction into the city. It
was MSUC (HaJlIMcAlister) to recoffi."nenc denial of the mitigated negative declarati:n;
vote 6-0, motion ca..-ried.
4. Plan.l"'lL'1g Comrnission agenda;.
s,. Conditional Use Permit PCC-97-12; item \\~thcrswn from agenda, no a.ction 1:3'
RCC.
b. SUFS-95-06 - request for concitioncl use pe;mit at 2400 Faivre Street; item
continued, no action by RCC.
c. Su"PS-95-08 - ope:ate open air market at 690 "L" Street; no fimher action by RCe.
d. PCS-96-06 - Vista DelMar; no aCIion by RCC.
STMr REPORT: None.
4-S/
R ~ . - .-
....eSOiJrce LO:i5e:\'~:~on l.."O;-:...jjuSS;On
.!: ::z:::: :.
~-
COJl.1MISSI01\""?.'S COMl'.S'\1'S: Re;niuder oi'Boards & COITl.l!,jssions Bwquet on
NoverrJ:>er 21, 1996.
ADJOURN"MEf.<T The meeting w"s adjourned by Chair EUl72.Scano at 8:51 P.M.
Respect..."ully submitted,
ExF"'J<ESS SEC.1\ZTA..1li.t.L S::::RV,C;:;S
~JJ J:r
Barbara Taylor
4-s-~
ATTACHMENT 4
Minutes from the 11/13/96 Planning
Commission meeting
,
EXCERPT FROM 11/13/96 PLANNING COMMISSION MINUTES
ITEM 3:
PUBLIC HEARING: SUPS-96-08; REQUEST TO ESTABLISH, OPERATE
AND MAINTAIN AN OPEN AIR MARKET AT 690 "L" STREET IN THE IL
AND IL-P ZONES - Benjamin Hourani, George Ronis, Victor Joseph Applicants
Commissioner Thomas stated that he had not read the staff report because George Ronis was an
applicant on this project. Mr. Ronis is a business associate, so Commissioner Thomas felt he
should abstain. He had just been informed that Mr. Ronis was no longer involved, but he could
not vote because he had not read the material.
Commissioner Willett abstained, since his daughter was the consultant on this project.
Associate Planner Miller presented the staff report and gave an overview of the project.
Environmental Review Coordinator Reid reported that the Resource Conservation Commission
on November 11, 1996, had reviewed the Negative Declaration and recommended that the
project not be approved.
Mr. Miller stated that staff felt the proposed one-year op-~eriOd was appropriate to defer
improvements. If it was more than one year, imPii~~Uld be required. Mr. Miller
showed slides of the area and adjacent uses. He sta staff recommended denial, based on
the following: 1) "L" Street is a gateway to the 4';' suant to the General Plan; 2) the land
use is not compatible to future land uses of ~~3) the project does not comply with the
long-term goals of the Southwest Redevelop~~n.
Mr. Miller reported that the apPlicants~est a deferral of improvements. If after a year
they requested an extension, the appli ld need to install the improvements, pursuant to
Condition 5(e), which had been placed 0 e dais prior to the start of the meeting.
If the Planning Commission wished to approve the project, Mr. Miller suggested that they direct
staff to come back with a draft of the recommendation of approval on November 20, 1996.
Mr. Miller read into the record that staff had received a letter from Creaser and Warwick dated
11/13/96 opposing the project.
Commissioner Davis, regarding the deferral, asked if it could be longer than one year. Senior
Civil Engineer Ullrich said it depended on the results of a traffic study to determine the actual
traffic impacts after the business had been in operation for a while. They would also want to
see what impacts there would be on the ramps onto 1-5 and on the whole area. If the impact
was negligible, staff could waive all improvements.
Commissioner Davis asked if the conditional use permit ran for 18 months, could the deferrals
be extended to 18 months. Mr. Ullrich stated that there was no ordinance against that. Mr. Lee
was concerned that it would then go into the holiday season for next year, and the applicant
would probably want to come back for other days than Saturday and Sunday.
4-S-3
PC Minutes
-4-
November 13, 1996
Commissioner Ray asked what guidelines were used to approve the delay in improvements. Mr.
Ullrich said they would grant it because of the limited time use. One year would give staff time
to evaluate the need for street improvements. They would not defer the sidewalk improvements,
driveways, or pavement of the parking area.
Commissioner Ray was concerned that by extending the hours to possibly Thursday and Friday
may be a potential danger to children going to or coming from Harborside Elementary. Why
include that as a condition if the extent of the impact was unknown. Mr. Lee stated that if the
hours were extended, it would provide additional analysis as to whether or not support a time
extension. Mr. Ullrich noted that analysis had only been done on Naples Street to the freeway
ramps. Many people would go onto the freeway.
Commissioner Ray, referring to Condition 10, was concerned about the potential bias by the
operator as to consistency of actual operations with the operational parameters considered in the
Initial Study and Special Use Permit. Mr. Miller replied that the condition could be modified
to include a third party agreement that such a study be done. The applicant would contract
through the City and the City would have the authority to let a contract to a third party.
Commissioner Tuchscher stated that on the site there were some foundation footings that may
be dangerous. Mr. Miller deferred to the applicant.
Commissioner Tuchscher asked if the parking surface would remain as is. Mr. Miller said it
would need to be flattened in some areas. The standard City requirement that a project of one
year or more had a "semi-permanent use" standard for parking areas.
Commissioner Tuchscher, regarding paving of decomposed granite, asked if that included
additional treatment such as oil. Mr. Miller, referring to condition 5c, stated it would be
finished to a semi-permanent standard, which consisted of two inches of asphalt concrete
pavement with a seal coat.
Commissioner Tuchscher stated that applied to conditional use permits of over 12 months. Mr.
Miller concurred.
Commissioner Thomas commented that the concrete area would need to be ground down because
of safety issues, and asked what would happen to the project after 12 to 18 months. Mr. Miller
stated that if the Planning Commission wished to approve the project, staff would recommend
only a 12-month conditional use permit. The applicant had indicated they would wish to extend
the hours and the length of the conditional use permit. That request would have to come in prior
to the holiday season of next year. It would give a maximum of 12 months. Prior to that date,
the applicants would have to come in with a request for extension for hours of operation and
staff would have to do a traffic study.
This being the time and the place as advertised, the public hearing was opened.
4 -:::,-z/
PC Minutes
-5-
November 13, 1996
Cheryl Cox, Cox Associates, 647 Windsor Circle, CV, representing the applicants, stated that
"L" Street was the boundary of Harborside School. Very few people would be crossing the
street to go to Harborside. She showed slides of the area, indicating where the project would
be located and the adjacent land uses, and also showed improvements that had already been
made on the site by cleaning done by the applicants. Ms. Cox noted that the "Dillon Case"
required that a one-year project cannot be required to install infrastructure. Regarding concrete
being ground down, the concrete would likely have an office structure and would be ramped or
ground down.
The applicants were requesting Friday, Saturday and Sunday to be open. When it rained, there
would be no visitors because the market would be closed. Therefore, there would be no
problem with tracking water or mud onto the street. After the last rain, she and the applicants
had visited the area to see whether it had flooded. The water had percolated and there was no
water standing.
The applicants planned to hire 10 people to do security patrol. They could work out parking
so visitors came in a certain driveway. They would be directed to park in a stacked position.
Regarding the land use and gateway, the applicant was recommending the use of 10' of wrought
iron fencing with landscaping along the frontage. They would keep litter and debris cleaned out.
Regarding the land use compatibility only being used as industrial, there were no objections from
neighboring business or the apartment across the street. Regarding not fitting into the long-term
goals, the property had been vacant for eight years.
Ms. Cox showed slides of other gateway entrances into the City, and stated that she felt their
project would be as nice as any of them, with the landscaping and wrought iron fence.
Regarding the Southwest Redevelopment Area Implementation Plan, as far as the project being
an impediment to assembly of parcels, this project would not have an impact on it.
Ms. Cox asked the Planning Commission to consider an appropriate land use and help with
conditions of approval. The applicant would comply with all conditions but felt there were too
many requirements. They felt they should not be responsible for the 10' landscape buffer along
the entire parking lot, or installation of sidewalks and fencing. The entrance was not on "L"
Street. Most shoppers would come by vehicle and would not be walking. In addition, they did
not feel they should be required to remove the utility poles. Regarding landscaping prior to
occupancy, they would post a surety bond to do the landscaping, but they would like to delay
it in order to open the market to capture some of the Christmas shopping. They would install
the landscaping after opening. Ms. Cox did not feel they should construct an 8' wide sidewalk
along the "L" Street frontage easterly, the westerly driveway to commercial standards, or the
parking area to a five-year standard. They were asking to go to a one-year standard. They also
felt they should not be required to widen Industrial Boulevard.
The applicant asked that they not be limited to the hours of 4:00 p.m., but to stay open until
5:00 p.m. on Fridays, Saturdays, and Sundays. This was not a major shopping center, and the
4-2fS:-
PC Minutes
-6-
November 13, 1996
property owner was in control of the livelihood of the project. She asked the Planning
Commission to approve the project and asked for their help on the conditions.
Rod Davis, 233 Fourth Ave., CV, representing the Chamber of Commerce, stated that he
had not taken a position on the project, but was concerned about complaints about how hard it
was to get approval through Chula Vista. Ninety days to get before the Planning Commission
was inexcusable. "L" Street was not a gateway to the City. He asked the Planning Commission
to take a close look at the Planning Department, and question the quality and the speed of the
reports.
Tim Towler, 162 "K" St., CV - was not present when called.
Cesar Alcaraz, 556 Del Mar Ave., CV, said that he had a toy business on the side and needed
a place to sell them. This would be affordable for him and would be good for business. He
worked a regular job and would like to be able to do this on the weekend.
Roger Rios, 1018 Oaklawn Ave., CV, said that Mr. Alvarez was an outstanding business
person, and had helped various businesses in Chula Vista establish themselves. He would like
to see the area paved, and saw nothing but improvement. The taxes would bring revenue to the
City. The area had been unsightly; if this were a big business, there would be no problem
bringing it in; Chula Vista loses businesses to other areas; will help the small business; asked
to give them the 12 months.
Deborah Gonzalez, 393 Palm, CV; Lucille Garcia, 1018 Oaklawn Ave., CV, mother and
daughter supported the project. Ms. Garcia said she sold at the swap meets in other areas, but
would like to have a business closer to her house. Ms. Gonzalez said her mother had supported
them by making items to sell, which kept them off welfare. She would like to be an asset to the
community and not be on welfare.
Elena Pelayo, 244 E. Naples, CV, representing the Peace and Dignity Project, said she had
talked with Mr. Joseph about working with the risk children. She strongly supported the open
air market. It would improve the looks of the area, and she supported it also because it could
keep children of Chula Vista working and would help the revenue.
Jim Davis, 1103 Fifth Ave., CV, felt the project would greatly improve Chula Vista and would
create many jobs.
Edgar D'matius, 191 West "L" St., CV, said the project was creating a gateway and was not
taking anything away. It would benefit and improve Chula Vista.
Luis Romero, 950 Industrial Blvd., CV, representing Fun-4-A1I, would like to see the open
air market in the area. The carnivals and other things that came in left trash. The open air
market would not leave debris. He supported the project.d
4- - ~-(p
PC Minutes
-7-
November 13, 1996
Denise Mirabile, 1290 Nacion Ave., CV, owns a business on Broadway and "L" Street. She
was in favor of the project. It would definitely improve the area, and she would like to be a
vendor there. She made crafts and would like to be able to sell them there.
Edward Rankin, 546 T\\in Oaks, CV, said he was disabled and had been employed by Mr.
Joseph. He would like to work rather than sit at home. He asked for approval of the project.
John Manti, 1127 Dixon Dr., CV, stated that he sold at swap meets all over the County. He
would like to sell new auto parts, and wondered why a swap meet was not allowed. He asked
if he could call it a swap meet. Mr. Miller said he could call it what he wanted to, but it was
listed as an open air market in the City's land use list.
No one else wishing to speak, the public hearing was closed.
Commissioner Ray commented that he was looking at the conditions regarding litter abatement,
recycling, etc. and asked how it was to be interpreted. Ms. Cox stated they interpreted it to
mean they were to clean up after themselves and recycle what was recyclable.
Mr. Miller said the project was actually required to participate in a program mandated by the
State of California requiring that the facility meet or exceed the 50 % source reduction, reuse and
recycling diversion goals, and provide an annual report, which was a standard condition.
Regarding the review of consistency of actual operations, Commissioner Ray asked if the
applicant would agree to a third party review if the two parties did not agree. Ms. Cox
concurred.
Commissioner Ray asked they would be conforming with all the requirements of the Building
Code. Ms. Cox stated that any structure they built would have to meet the Building and
Housing codes.
Answering Commissioner Davis, Ms. Cox said they requested that they build the wrought iron
fence only for the length of the vendor lot with returns.
Commissioner Ray asked if that would be landscaped. Ms. Cox stated that Mr. Joseph intended
to landscape, but would post a surety bond.
Commissioner Tuchscher asked how much time they would need to install the landscaping. Ms.
Cox replied they would need two to four weeks. They could get it in within 30 days of opening.
Commissioner Tuchscher asked if the requirement to install within 30 days or the conditional
use permit be revoked would create a problem with staff. Staff indicated it would not.
4-S7
PC Minutes
-8-
November 13, 1996
Regarding condition 15, Commissioner Ray asked if a reduction in the requirement for paving
would impact the use for disabled persons. Ms. Cox stated there would be a designated place
for the handicapped to enter the facility and any building would require handicapped access also.
Commissioner Thomas stated he had now read the report and had heard the presentation and the
public hearing, and felt comfortable in voting on the project.
Commissioner Tuchscher said he was concerned about operating on Friday and the traffic flow
issues. He would be in favor of seeing this operate on a Saturday and Sunday only basis. He
noted that he ran his fIrst business out of a swap meet and felt it was an incubator and creates
a lot of jobs. He was sensitive to the gateway entrance, but felt this particular site would be
better for this venture. He supported the project and looked forward to discussing some of the
conditions and bringing it to a motion.
Commissioner Davis questioned his concern about Fridays, since it was a short-term project.
MS (Davis/Ray) to recommend that the Redevelopment Agency approve the application to
establish, operate and maintain an open air market at 690 "L" Street, with the following
amendments to conditions:
2. Install a 10' buffer along the vendor's lot, not the entire parking lot.
3. E~iend the ~Tought-iron-with-pi1asters fence along the vendor's lot along "L"
Street with returns.
4. Complete landscaping within 30 days.
5. Eliminate a and d. Change 5b from "all access" to "easterly-most", and 5c
to pave all parking areas to a one-year standard.
8. Limit public hours of operation to between 5:00 a.m. and 5:00 p.m., Friday,
Saturday and Sunday, and open to the public from 7:00 a.m. to 3:00 p.m.
10. Third party review if two parties don't agree.
22. Conditional Use Permit to be approved for a length of 18 months.
All other conditions would remain as stated. The Planning Commission directed staff to
craft findings to recommend approval of the project.
Commissioner Davis commented that she felt this was an appropriate entrance to the City based
on the project as outlined and that it would benefit the City.
Commissioner Tuchscher was concerned that it would set a precedent.
4-~
PC Minutes
-9-
November 13, 1996
Commissioner Ray asked that anything regarding the gateway be left out.
VOTE: 5-0 to approve (Commissioner Salas excused; Commissioner Willett had left the
dais)
4-S9
ATTACHMENT 5
Disclosure Statement
TIrE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Swement of disclosure of certain ownership interests. payments, or campaign contributions, on all matters which
will require discretionary action on the pan of the City Council, Planning Commission,. and all other official bodies.
The following information must be disclosed:
1. List the names of all persons have a fmancial interest in the contract, i.e.. contractor. subcontractor,
-.,. ,"pp",,~ 1.,.,llo .
!!;;i~~r~n\
2. If any person identified pursuant to (I) above is a corporation or pannership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any pannership interest in
the pannership.
'1f'~rl~I~a.r11 cS-eo(g.:::.1?of'lis
3. If any person identified pursuant to (1) 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 trustee of the trust.
!J f$.. .
4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards,
Commissions, Committees and Council within the past twelve months?
Ylo .
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.
. t~\ c:; Lo'f'- ,('nf: ~ A9::,,.,,..u.iT.....
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council
member in the current or preceding election period? Yes [ ] No ryt-If yes, state which Council
member(s): .
Person is defmed as: . ADy individual, rum. c:o-putDCnhip. joint verd:l1re, ltW-i"OQIl. social club, 1Ta!emal orpnization. corporation, estate,
trust. receiver, syndic.ate,1his and any other count)'. city and cowuy, cif)'. municipality. disaict or other political subdivision. or any other group
or combination acting u a unit."
(Non:: AlW:h odditional pages... llCCCssary)
Date: ~
~
Signature of contractor/applicant
&eo~ John 'fun;!',
Print or naJDe of contractor/applicant
4 -roo
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EXHIBIT 1
Locator Map
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CHULA VISTA PLANNING DEPARTMENT
LOCATOR PROJECT South Ba~ PROJECT DESCRIPTION,
~ APPlICANT,
. Markel Pace INITIAL STUDY
PROJECT 690'L' Street RequeS'!: Pro!'osol lor an o"en air market place
ADDRESS,
(swop meet) for the sole 0 new ond used Items.
SCALE, FILE NUMBE~
NORTH No Scale 15-97-03 Related case: SUPS-96-0B
4 -(0 I
EXHIBIT 2
Site Plan
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Assessor Parcel Map
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EXHIBIT 4
Project Description
,
CtiULA VISTA A'API\ETVLACE
690 L Street, Chula Vista
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'->; 1 .j ",: 1395
Chula Vista businessman Victor Joseph and partners propose to lease two
contiguous vacant parcels of land totaling 144,000 square feet' located at 690 L
Street, at the southeast corner of L Street and Industrial Boulevard in Chula
Vista. They plan to open the Chula Vista Marketplace, an outdoor market for
the resale of used items, sale of new items, fresh produce, and flowers. An
application for a Conditional Use Permit for the Chula Vista Marketplace was
filed with the City of Chula Vista on July 24,1996.
The 100,000 square foot concrete-surfaced parcel, located along the San
Diego Trolley line, will be used for sales from an outdoor market. The
adjacent 44,000 square foot crushed gravel parcel immediately to the east will
be used for parking for 150 shoppers. Additional paved parking south of and
to the rear of an existing warehouse has been made available by the property
owner for vendor parking.
A Conditional Use Permit for an interim period of 12-18 months is
requested in order to allow Mr. Joseph to develop a parcel unused for the past
eight years. This project is estimated to bring annual proceeds to the Oty of
Chula Vista from sales tax estimated in excess of $100,000. Moderate revenue
will accrue to the City from the sale of approximately 500 business licenses.
An added benefit will be increased visitors to the L Street/Industrial
Boulevard area.
Vr()pert'Y descripti()n
San Diego Trolley's lines lie to the immediate west of the property. Penske
Truck rentals is to the west, across Industrial Boulevard. San Diego Pallets'
outdoor pallet storage are to the immediate south. The Ratner Clothes
warehouse is to the southeast. Paved parking for medical offices is to the
distant east, and moderate income apartments are located across L Street to
the north. A traffic signal is at Industrial Boulevard and L Street. The
property is currently vacant. It is zoned I-L (Industrial-Light).
The Chula Vista Marketplace is anticipated to be less invasive than other
permitted I-L uses such as minor auto repair and exterminating services or
conditional uses such as auto engine rebuilding or hazardous waste facilities.
The land use as an outdoor marketplace will have little, if any, negative
impact on businesses in the immediate area. It is in keeping with that of the
discount grocery store and discount office supply warehouse just east of the
property, and truck leasing company west of the property.
Vend()rs
Approximately 220 vendor stalls, 130 square feet each, will be located in
the 100,000 square foot site. With vendors using approximately three stalls
each, approximately 80 vendors are estimated to use the premises.
Cox & Associates
647 Windsor Circle, Chula Vista, CA 91910
619/585-7007 fax619/42o-7704
4- 0~
1.
Rev. 10/30/96
CIlULA VISTA ^~A~I\ETVLACE
690 L Street, Chula Vista
ti()urs ()f Operatl()n
The Chula Vista Marketplace is proposed to be open from 7:00 am-3:00 pm
one weekday, Saturdays, and Sundays. Approximately 15 employees will
arrive approximately two hours before opening and remain two hours after
closing. Approximately one-third of the vendors (25-30 vehicles) will begin
arriving at 5:00 a.m. The remainder will arrive prior to the Marketplace
opening at 7:00 a.m., with peak arrival expected to occur between 6:00 a.m.
and 7:00 a.m. The property will be returned to clean condition each day upon
its being closed to the public. Less extensive use of the property is anticipated
on the weekday opening than during weekends. During the Christmas
holiday season, the project applicants request permission to operate seven
days a week. The Marketplace will generally be closed on rainy days.
Impr()vements
The vacant lot's debris and weeds were cleared in the last 30 days, thereby
improving the site's appearance dramatically. Uneven concrete paving will
be ground down. No permanent structures will be installed. Plans to request
a permit for a mobile office trailer will be delayed pending a decision
regarding approval/ disapproval of the land use by the Planning Commission.
If approved, the applicant will attempt to gather the following information
requested on October 28 by Planning Department staff regarding a mobile
office trailer (aka "commercial coach"):
· color elevations showing the view from L Street and the trolley line
. color photographs from the manufacturer
. depictions of handicapped ramping, awnings, and skirting around the base
. professionally-prepared elevations
A mobile office trailer would assist in the success of the project. It would be
open during operating hours.
A sign program in compliance with City guidelines for an I-L zone will be
proposed at a later date. .
Attractive, mounded landscaping will be installed using drought-resistant
plants and trees along a 10-foot strip along approximately 135 feet of the sales
area frontage on L Street. A decorative six-foot high wrought iron fence with
decorative pilasters every 20 feet will be installed between the landscaped area
and the sales area fronting L Street, with 40-foot returns at each corner.
Existing chain link fencing in dilapidated condition will be repaired
and/or replaced. A 30-foot chain link gate will be located along the east fence
for vendor vehicle access before and after business hours, and for visitor
access between 7:00 am and 3:00 pm.
Cox & Associates
647 Windsor Circle, Chula Vista, CA 91910
619/585-7007 fax 619/420-7704
4-ro~
2.
Rev. 10/30/96
CIlULA VISTA A-\APKETVLACE
690 L Street, Chula Vista
Sales and Admisshms
The Chula Vista Marketplace combines the resale of used items, sale of
new items, and sale of fresh produce and flowers. New revenue will be
generated for the property owner, the project's proponents, and the City of
Chula Vista. Tight control will be maintained over items sold: no tobacco
products, drug paraphernalia, or tasteless tee shirts will be permitted for sale;
no alcoholic beverages will be allowed on the premises. In response to the
concern expressed by the Civil Engineer on October 25 that a vendor might
display an item such as a flashing light that could distract trolley drivers, the
applicant will ensure that no such distraction is permitted in the sales area.
Food concessions will be available in the sales area. Access for food
concessionaires will be made available via the 30-foot access gate near the
warehouse.
Admission will be established at SOl! per person, free to senior citizens.
There is no charge for parking. Fundraising organizations will be given free
stalls throughout the year.
Traffic clrcula'tl()n and pedestrian access
In response to Planning Department request for a traffic study, the
results of a study commissioned by the applicant with Darnell & Associates,
Inc., a transportation planning and traffic engineering firm, was delivered to
the Chula Vista Planning Department 0 n October 23. MTDB returned a "no
comment" response to Planning staff. The following traffic issues were
surveyed in response to concerns raised by Caltrans and by City Engineering
Department:
. impacts on the 1-5 ramp
· pedestrian circulation across the trolley tracks, and
· site circulation and ingress/egress.
Darnell & Associates determined that the possibility of traffic queues on
ramps at 1-5 north and south were remote. Considering the lack of facilities at
L Street for boarding the trolley, and considering adjacent sparsely developed
industrial zoned land uses that depend primarily on vehicular access, Darnell
& Associates concluded that very little pedestrian activity is anticipated to
cross the trolley racks. An abandoned Caltrans' Park and Ride lot at the
northwest corner of L Street and Industrial Boulevard is not part of the
Marketplace project. Darnell & Associates concluded that since the applicant
is providing sufficient, convenient, and free on-site parking, there would be
no incentive for customers to park off-site at this location.
The applicant's initial plans to relocate the existing west driveway directly
across Colorado Avenue were dropped after discussions with City staff on
October 25, 1996 regarding permitting requirements for this improvement.
Cox & Associates
647 Windsor Circle, Chula Vista, CA 91910
619/585-7007 fax 619/420-7704
c/-Co&>
3.
Rev. 10/30/96
CHULA VISTA ^~A~I\ETJ)LACE
690 L Street, Chula Vista
Instead, since this driveway is not proposed for use by Marketplace shoppers,
it will be blocked during sales periods. An existing driveway'just west of the
medical facility will be used in its current condition for both ingress and
egress. Vendors leaving the sales area earlier than the close of the
Marketplace will use an entrance/exit at the southeast corner of the
Marketplace. This entrance/exit will also be available for customers who
need vehicular assistance in transporting heavy items.
Public vehicular traffic will use the easternmost L Street driveway.
Approximately 150 visitor parking spaces are planned for the 44,000 square
foot property east of the sales area. This property currently has a crushed
gravel surface. If required, the applicant is prepared to treat the top one inch
of this surface with SC-250 asphalt road oil.
Traffic will be circulated at Marketplace employees' direction in order to
prevent stacking on L Street and/or congestion in the parking area, and to
prevent shoppers from parking in medical facility spaces. Parking for
handicapped visitors will be located as close to the sales entrance as possible.
The number of vehicular trips on weekends is anticipated at three times the
number of parking spaces provided for visitors, doubled for entry and exit,
plus a single entry and single exit for each vendor. Trips will be fewer on
weekdays. Peak traffic demand periods are anticipated for 6:30 am-8:30 am
and 11:00 am-12:30 pm.
Minor impact is anticipated on am and pm weekday commuter traffic on L
Street. Traffic will be coordinated with the Chula Vista Police
Department. Marketplace employees will provide on-site traffic direction
and security. Security and traffic control personnel (possibly off-duty law
enforcement officers) will monitor parking, keeping it away from parking
designated for the adjacent medical offices.
Pedestrian access to the sales area is via a 30-foot chain link gate along the
east fence of the sales property. There is no pedestrian access along the L
Street frontage.
Visitv.... Se....vices
First aid medical services will be provided at a first-aid station. The
applicants are researching the possibility of having Explorer Scouts trained in
CPR staff the station.
Portable toilets will be located at the southern end of the sales parcel, with
handicapped access,
T....ash ()ispvsal and ~ec'Ycline
The project's proponents will ensure a trash disposal and a recycling
Cox& Associates
647 Windsor Circle, Chula Vista, CA 91910
619/585-7007 fax619/42G-7704
//-01
4.
Rev. 10/30/96
CtiULA VISTA A'-API\ETVLACE
690 L Street, Chula Vista
program. Trash will be picked up by Laidlaw Waste Systems on Mondays.
The following bins will be provided at the southern end of the'sales parcel:
. central refuse, recycling, and waste collection areas for recyclable and
non-recyclable waste;
· yard waste bins for landscaping, flowers, and vegetables; and
· mixed paper bin for corrugated cardboard and paper, if needed
Refuse and recycling containers will be placed side-by-side throughout the
sales area and at all exits. Signs encouraging recycling and discouraging litter
will be posted.
- - -
The Conditional Use Permit application was reviewed over the past three
months by the Planning Department. On October 28, 1996, the applicant
received a Planning Department request for the following information:
. a revised project description (clarifying the maximum number of vendors
vs. the number of stalls, the interim period of maintaining this land use,
phasing of improvements, and hours of operation),
. a revised site plan (indicating boundaries of market operations and
parking, conclusions of the traffic study, locations of gates, fencing,
landscaping), and
. information of a sign program if not in compliance with the 1-L Zone,
The memo indicated that they needed this information in two days, by
October 30, 1996, in order to schedule a public hearing before the Planning
Commission on November 13, 1996. The applicant noted with concern that
despite providing most of the requested information, staffs position on this
project will be to recommend its denial because of its inappropriate land use
at a "gateway" to the City.
It is the applicant's hope that Chula Vista's Planning Department could
appreciate the value of this land use and the intent of the applicant to
remediate difficulties as they occur. Furthermore, the applicant hopes that
the Planning Commission on November 13, 1996, and the Redevelopment
Agency (as shortly thereafter as possible) will recognize the advantages of
keeping improvement costs low to an applicant whose plans are interim use
oriented. A facilitated consideration of the project could further render the
following improvements and potential for this use:
. an already-improved visual perspective of the sales area, free
of debris and litter, to be landscaped and attractively fenced;
. the opportunity to bring new revenues estimated at $100,000
annually to the City;
. increased visitors to the area of the proposed project;
. no-cost fundraising opportunities for service organizations; and
· the opportunity to welcome a good business member to the City.
Cox & Associates
647 Windsor Circle, Chula Vista, CA 91910
619/585-7007 fax619/420-7704
4-0~
5.
Rev. 10/30/96
EXHIBIT 5
Memo dated 11/22/96 from the Engineering
Division re: Sidewalk on "L" Street
MEMORANDUM
November 22,1996
File Number
:ce,-S30
FROM:
Martin Miller, Associate Planner
diffmd L. S_ D,!,uty Directo, ofPubli, Wo,bJ City "",,,o,J'
William A. Ullrich, Senior Civil Engineer ~ .
To:
VIA:
SUBJECT:
Open Air Market 690 "L" Street
The Engineering Division of the Public Works Department has requested that the installation of a
sidewalk along the "L" Street frontage of this project be included as a condition of approval of
the Conditional Use permit. We believe the sidewalk is needed for the following reasons:
1. We expect pedestrian traffic along the frontage of the site as a result of people being
picked up or dropped off to shop at the market.
2. People from the Oaklawn and Woodlawn area who patronize the open air market will
walk from their homes to the marketplace and therefore will need a place to walk for access to
the site.
3. Although the City presently has the street easement and may be liable for pedestrian
accidents at the present time, this project should increase the pedestrian movements along the
frontage of the market resulting in a higher potential for accidents to occur. We believe that a
solid surface such as a concrete sidewalk provides a more uniform surface which will reduce the
potential for tripping or twisting of ankles as compared to an unpaved surface. In addition it
would provide an area for pedestrians to walk which is not muddy after a rain.
4. Installation of the missing concrete sidewalk across the parcel frontage will complete the
permanent improvements and connect to existing sidewalk currently existing on either side of the
area.
M:\HOMElENGlNEERITRAFFlClSW APLST.W AU
4 -& cr
EXHIBIT 6
LETTERS OF OPPOSITION TO
SUPS-96-06
.
CREASER & WARWICK, INC. . 345 "F" STREET, SUITE 230 . CHULA VISTA, CALIFORNIA 91910 . (619) 420-3300
November 13, 1996
Martin Miller Associate Planner
City of Chula Vista Planning Department
276 Fourth Avenue
Chula Vista, CA 91910
.%v./ J
l()~
".'J?5'
RE: Case No. SUPS-96-08jIS-97-03
Dear Mr. Miller,
This letter is being written on behalf of Creaser & Warwick Development the
owner of the 120 unit apartment complex known as Sierra Park Apartments which
is located directly across "Lit Street from the proposed "swap meet". We would
like to object to the proposed"swap meet" for the following reasons:
1) Parking on the streets in the neighborhood is already at a premium.
I am certain that 'cars not finding parking in the lot will overflow onto
the surrounding streets. Our residents already find it difficult to find
parking on the street during the weekends. The swap meet will exacerbate
an already difficult situation.
2) The "L" Street offramp from Interstate 5 is one of
into our City. We have yet to see a swap meet that does not
traffic jam. This intersection is already busy and does not
traffic that a swap meet will create.
3) This area of Chula Vista is struggling very hard to keep from falling
into decline. We try to do our part by keeping up our apartment complex and
removing the graffiti as soon as it is discovered. Projects such as the
Citron development on Broadway and Chula Vista's plans for our bayfront don't
need to be hindered by placing a swap meet with its noise and congestion in the
middle of it.
the main
create a
need the
gateways
additional
4) We have received a number of calls from the residents at Sierra Park
stating they don't want a swap meet in their neighborhood.
We hope that the Planning Commission and the Redevelopment Agency will see that
this project is not in the best interests of the neighborhood or the City and
will deny the request for the special use permit.
Sincerely,
4-70
CHULA VISTA, CA
DECEMBER *,1996
TO: CHULA VISTA PLANNING DEPT
ATTN: MARTIN MILLER, ASSOCIATE PLANNER
PUBLIC SERVICES BUILDING, CHULA VISTA CIVIC CENTER, 276 FOURTH AVE,
CHULA VISTA, CA. 91910
SUBJ: CASE #SUPS_96-D8/IS_97_03(CV085*1)_OPEN AIR MARKET/SWAP MEET LOCATED AT
690 "L" STREET (THE SE CORNER OF INDUSTRIAL BLVD & "L" ST)
I ~1 STRONGLY OPPOSED OF GRANTING A SPECIAL USE PERMIT TO OPERATE AND MAINTAIN
AN OPEN AIR MARKET/SWAP MEET AT SUBJECT LOCNTION.
THIS AREA IS LOCMED AT THE "L" STREET INTERCHANGE OFF INTERSTATE FIVE AND
IS THE FIRST VISUAL IMPRESSION THAT TOURIST AND OTHER MOTORIST GET OF THE CITY
OF CHULA VISTA (BEAUTIFUL VIEW). WHAT IS PRETTY ABOUT A SWAP MEET? MOTORIST
MUST STOP AT INDUSTRIAL BLVD BEFORE TRAVELLING EAST ON "L" STREET THEREBY HAVING
TIME INHALING THIS VIEW. FURTHERMORE THIS AREA IS CONGESTED NON WITH CARS CCMING
& GOtNG AT THE ON/OFF RAMPS & FURTHER DELAYS AT THE TROLLY CROSSING ON "L" STREET.
HAS THERE 8EtN A TRAFFIC STUDY MADE OF THE INCREASE TRAFFIC THIS SWAP MEET WILL
GENERATE? WHERE ARE ALL THE CARS TO PARK _ ALONG INDUSTRIAL BLVD/ilL" STREET &
THE SURROUNDING RESIDENTIAL STREETS? DOES NOT APPEAR ON THE SITE PLAN THAT
SUFFICIENT PARKING IS PROVIDED ON SITE.
IT IS INTERESTING THE NUMBER OF SI'iAP MEETS THA'T THE CITY OF CHULA ALREADY
HAS WITHiN ITS BOUNDARtES OR ADJACENT THERETO. TO THE NORTH LOCATED IN CLOSE
PROXIMITY TO NATIONAL CITY; TO THE SOUTH AT THE DRIVE-IN THEAnRE; ALSO TO THE
SOUTHEAST A FUTURE ONE IN CONJOINTLY WITH THE AMPHITHEATER;AND NOT TO FORGET OUR
NUMEROUS GARAGEIYARD SALES IN Trl/S PART OF THE CITY - THE WEEKENDS TAKE ON THE
SCENARIO "AN ANNEX TO A SNAP MEET"I!
THE CITY OF CHUc.A VISTA HAS SPENT THOUSANDS OF DOLLARS RECENTLY IMPROVING
BROADWAY NOT ONLY IN THE STREET ITSELF BUT LANDSCAPING. I BELIEVE THIS WAS
DONE PRIMARILY TO ENCOURAGE PROPERTY O.vNERS TO ENHANCE THE APPEARANCE OF THEIR
PROPERTY AND TO ATTRACT NEW BUSINESS ALONG THE MANY EMPTY BUILDINGS & LOTS.
TELL ME _ IS A SWAP HEET IN THIS CATEGORY?
NOli AS FOR THE "OPEN AIR MARKET". JUST SOUTH DOWN THE STREET EXACTLY
AT POLAMAR & INDUSTRIAL IS A OPEN AIR MARKET ADJACENT TO .AN EMPTY LOT. THIS
MARKET HAS NO LANDSCAPING AND A FENCE IN A DETERIORATED CONDITION SURROUNDING
THE LOT. TVIICE A YEAR ON THIS LOT WE HAVE A PUMPKIN PATCH (HALOWEEN); TREE PATCH
(CHRtSTMAS TREE.); AND REMAINDER OF THE YEAR A WEED PATCH!
THE CHULA VISTA DOWNTONN BUSINESS MEMBERS SPONSER AN OPEN AIR MARKET IN
DONNTOIIN CHULA VISTA. THIS MARKET APPEARS TO BE SUCCESSFUL AND PLANS ARE MADE TO
MAKE THIS A YEAR ROUND AFFAIR. IT IS DIFFICULT TO APPREHEND WHY ANY CONSIDERATION
SHOULD BE GIVEN TO ALLO/I ANOTHER MARKET IN THIS AREA.
IN VIEW OF MY REMARKS ABOVE I STRONGLY URGE THE REDEVELOPMENT AGENCY TO
REJECT THIS APPLICATION FOR A OPEN AIR MARKET/SWAP MEET AT 690 "L" STREET.
~2~
KAY EVERITT
*69 EMERSON STREET
CHULA VISTA CA, 91911
PH: *20-#93
COPY TO:
CITY MANAGER, JOHN GOSS
RF'CEIVED
D~C 0 5 ~
4-7/
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ITEM TITLE:
SUBMITTED BY:
JOINT COUNCIL/REDEVELOPMENT AGENCY
AGENDA STATEMENT
Item S
Meeting Date 12/10/96
Resolution 15'()';).. of the Redevelopment Agency approving
a contract with the Law Office of Bob Wilson for legislative
representation for the 1997-1998 legislative session, and
authorizing the Chair to execute said agreement on behalf of the
Redevelopment Agency.
Resolution 1 'i? s-03 ofthe City Council approving a contract
with the Law Office of Bob Wilson for legislative representation for
the 1997-1998 legislative session, and authorizing the Mayor to
execute said agreement on behalf of the City of Chula Vista.
Chris Salomone, Director of Community Development [_So
Gerald Young, Principal Management Assistan~
REVIEWED BY: Executive DirectoB' (4/5ths Vote: Yes_NoXI
On December 31, 1996, the current agreement with Advocation, Inc. expires. That
agreement provided for two two-year extensions to coincide with the state legislative
sessions, both of which were granted. In anticipation of the year-end expiration of
that contract, the City issued a Request for Proposals (RFP) on September 20, 1996
for qualified firms for legislative representation for the period January 1, 1997 to
December 31, 1998, with a resulting recommendation forwarded on November 26,
1996, to execute a new contract with Advocation. At that meeting, Council instead
directed staff to negotiate a contract with the Law Office of Bob Wilson (with Bob
Wilson and Wadie Deddeh as the City's principal lobbyists). That contract has been
reviewed and approved by the City Attorney's office and is presented for Council
approval.
RECOMMENDATION: That the Council/Redevelopment Agency award the contract
for legislative representation to the firm of Bob Wilson (proposed agreement attached
as Exhibit' A'). The effective period of the contract will be January 1, 1997 through
December 31, 1998 with three two-year renewal options at the City's sole and
unfettered discretion.
DISCUSSION:
Backqround
The discussion contained in the initial staff report is included as an attachment. The
following presents additional information per Council's questions and direction at the
meeting of November 26.
.:)-f
Item _, Page 2
Meeting Date 12/1 0/96
Communications with Advocation
One of the issues brought up at the meeting of November 26 was the methods and
timing of communication between the City's lobbyist and Council.
The Council Policy on legislative matters (See attachment 4) mentions a legislative
advocate several times. Among these, it provides that "the Legislative Committee
shall be responsible for the review of proposed legislation" and "the Mayor, acting for
the City Council, shall communicate the Council's position to the City's legislative
advocate and/or appropriate local, state and/or federal legislators." There is no
prohibition on the advocate meeting with or holding discussions with the City Council.
As a practical matter, most of the lobbyist's interaction has been with staff. Items of
potential interest are forwarded to staff for analysis. Once these are approved for
action to support/oppose by the Legislative Committee, staff communicates this
position to the lobbyist and provides copies of all Legislative Committee actions and
resultant letters to Council. This process has been found to be very effective in
facilitating quick response to legislative matters on which Council has already
indicated a general support or oppose position, thus saving the time that would
otherwise be required to agendize each new bill for separate Council action.
Updates on the program and City legislative priorities are typically provided in
Legislative Quarterly Report information items. At least once per year, staff has
scheduled for the City's lobbyist to address Council in conjunction with updates to the
Legislative Program. Prior to such visits, notice is typically provided to Council both
in writing and verbally at a City Council meeting (See attachment 5) as to their
availability to meet with Council members on a one-on-one basis. Other updates
throughout the year are typically handled in writing. This is especially true during
state budget deliberations when there is a considerable number of items discussed
which could be detrimental to the City's revenues.
Through the Legislative Committee, the lobbyist also works with the Mayor to hold
meetings with the City's elected representatives and apprise them of the City's
priorities. Such meetings were held in Chula Vista this year over the spring legislative
recess. Notice of these meetings was provided to Council via the Spring Legislative
Quarterly Report.
Future Communications Procedures
In his November 26 comments, Wadie Deddeh committed to providing briefings to
Council upon their request and suggested this be done a quarterly basis. The contract
has been written to include four such briefings, but beyond that, staff and the
lobbying firm will respond to any Council requests for additional meetings, written
reports or other communication. Staff will also continue to provide notice to all
members of Council whenever a member of the lobbying firm from Sacramento is in
town and available for meetings.
S-d-..
Item _' Page 3
Meeting Date 1211 0/96
Beyond all such contacts with the lobbyist, staff has always endeavored to be
available for questions from Council. The two staff members involved in overseeing
this contract are Gerald Young (585-5649) and Colleen Kelly (691-5296). As always,
they are available to respond to any questions. If Council should be interested in
speaking to the City's lobbyist, that contact may be made directly (Bob Wilson's
phone number is (916) 448-2187) or facilitated by staff.
Conflicts of Interest - Other Aqencies
As reported at the meeting of November 26, none of the other agencies currently
represented by Bob Wilson have clauses in their contracts requiring (as Chula Vista's
contract does) that "Consultant agrees to continue to represent the City and insure
that other representation is obtained by the third party{s)." Nevertheless, there are
certain aspects of those contracts about which staff, including the City Attorney's
office has concerns. Copies of those contracts are included for Council's reference
(See Attachment 6).
Santee's contract comes closest to Chula Vista's language and thus presents the
greatest potential for conflict. It states that "Consultant hereby expressly covenants
that no interest presently exists, nor shall any interest, direct or indirect, be acquired
which would conflict in any manner with the performance of services pursuant to this
Agreement. "
The contracts for National City and Poway---attached for Council's reference---contain
no mention whatsoever of addressing conflicts. The City of EI Cajon has been a client
of Bob Wilson's for several years, but has not had a formal contract for services since
1992. In some ways, the lack of specific conflict language in these three cities'
contracts might facilitate Chula Vista's "primacy clause." In other ways, since these
other cities' contracts do not anticipate a situation where a conflict might deprive
them of their lobbyist's services (even for a subcontractor), there could be an
expression of concern by these cities if a primacy clause were to be invoked.
SANDAG's contract calls for Bob Wilson to negotiate a resolution to any conflicts.
To the extent that such a negotiated solution would mirror Chula Vista's primacy
clause and SANDAG would accept third party representation for the term of the
conflict, this contract may present the least problem. However, as with all the other
agencies, if SANDAG has an objection to that arrangement, it could create a tricky
legal and territorial dispute.
If an unresolvable conflict were to arise (e.g. regarding sales tax issues, PVEA or other
grant applications, marina issues), the City's contract requires that Chula Vista would
continue to be represented by Bob Wilson and that the other city or cities in conflict
would be provided a "third party lobbyist" for representation on that issue, but would
otherwise continue to be represented by Bob Wilson. If there were to be a
prospective client which Chula Vista would find to be in significant, unresolvable
5-3
Item _' Page 4
Meeting Date 12/1 0/96
conflict with representation of the City's interests (e.g. County or City of San Diego),
Bob Wilson would agree not to take on such a client.
As discussed above, however, the way the other cities' contracts deal with conflicts
could prove to create an effective stalemate. For example, if a conflict were to arise
with the City of Santee, in a worst case scenario Santee might insist on the primacy
of its contract with Bob Wilson and, accordingly, insist that Bob Wilson represent it
on the issue in conflict. If Bob Wilson refused, electing instead to honor the primacy
of the Chula Vista contract, Santee might allege that by requiring the primacy of its
contract, the City had wrongfully interfered with Santee's contractual rights. If this
were to occur, depending upon the facts and circumstances, it may be necessary for
the City to allow Bob Wilson to represent Santee, or to terminate the Chula Vista/Bob
Wilson contract.
The City Attorney's office has advised that while Chula Vista's proposed language
does not guarantee satisfactory resolution of a conflict situation, the City is best
protected by adding certain additional provisions to the contract. These include: 1)
representation by the consultant that the City's conflict resolution procedures do not
and will not conflict with any other contract, 2) indemnification of the City should
such a claim be made, and 3) an option for liquidated damages if the City is forced to
terminate the agreement because a conflict of interest is not properly handled.
If such a conflict situation were not to be resolved to the City's satisfaction according
to these terms, the City would have recourse to terminate the agreement for cause,
with the lobbyist liable for any damages caused by that breach of contract. Staff has
recommended a section of the contract be added to provide for liquidated damages
in the event of any such breach in the amount of $500 per day that the City would
be unrepresented, with the City exercising good faith efforts to obtain alternate
representation.
Although Council had directed consideration of using Advocation as a subcontractor
in case of an unresolvable conflict, that option is not recommended. Instead, a breach
of contract due to such a conflict would give the City the flexibility to enter into a
new, stand-alone contract with any other firm at that time.
Scope of Services/Compensation
The scope of services required under Chula Vista's contract differs significantly from
that outlined in similar contracts with other area cities (See attachment 6). As a
result, the compensation under those contracts also differs significantly.
Conflict of interest aside, the differences in the contracts include:
5-1
,
Item _' Page 5
Meeting Date 1211 0/96
Comparison of Scope of Services
FOR CHULA VISTA FOR OTHER CITIES
Research and provide information on State Review all bills pertaining to the City and
laws, regulations/policies, and proposed forward to City. Notify the City of
legislation; legislative hearings, reports and relevant grant opportunities
testimony; funding opportunities; and
technical memoranda
Develop strategies/draft legislation to Other contracts do not specify priorities.
successfully implement the City's These vary from no adopted legislative
Legislative Program program to a few key bills.
Track legislation and provide advance Track daily computer readouts on bills to
notice to City's satisfaction of hearings or be followed
critical actions. Provide staff with weekly
and year-end status reports and meet with
Council on at least a quarterly basis.
Provide sufficient support to aggressively Typically 1-2 major priorities: (e.g.
lobby an average of at least 3-4 major Poway: Blue Sky Ecological Reserve,
priority issues at any given time and at housing; Santee: trolley funding, Mast
least 6-7 lesser priority issues. (Priorities Blvd speed limits; EI Cajon: Chase Ave
have included: support for veterans home, speed limits; SANDAG: Housing Element
supplemental subventions, UCCV, nature self-certification, beach sand
center funding, PVEA grants, and reforms replenishment; Various cities: auto leasing
of Prop. 172 public safety sales tax, auto tax reform).
leasing tax, and ERAF property tax
takeaways. Also included opposition to:
public records act changes, additional
mandates for EIRs, and home rule
infringements upon eminent domain &
mobilehome rent control).
Advocate the City's position with Perform all duties customarily performed
appropriate legislators, prepare briefing by legislative advocates
materials, provide meeting space/arrange
appointments for Councilmembers and City
staff, and deliver position
letters/communications from the City.
Represent/testify for the City in meetings Act as an official representative with
or hearings with state agencies, boards or Legislature/governmental agencies
other Legislative bodies and the League of
California Cities.
Insurance/Hold harmless requirements No insurance requirements. Santee
requires hold harmless.
s-~
Item _' Page 6
Meeting Date 12/10/96
The compensation under the more limited scopes of those contracts ranges from
$15,000 to $40,000. Based on the services to be provided to Chula Vista, staff has
negotiated maximum compensation (monthly fee plus expenses) of $66,000.
FISCAL IMPACT: The proposed contract is in the amount of $5,100 per month plus
expenses not to exceed $400 per month, for a maximum annual total of $66,000 or
a total of $132,000 for the 1997-98 two-year session.
Advocation's previous contract was at a rate of $5,170 plus expenses not to exceed
$1,000 per month, for a maximum annual total of $74,040. The negotiated maximum
amount of $66,000 is $8,040 below the previous maximum and is approximately
$3,000 below staff's budgeted estimate (only $69,060 was budgeted this year, based
on historic expense billings and projected savings from the RFP). Sufficient funds are
available in the budget (60% non-departmental, 40% redevelopment) to pay for this
year's portion of the contract. Redevelopment funds support lobbying on such issues
as the veterans home, supplemental subventions, eminent domain and mobilehome
rent control.
Since first contracting for legislative representation in 1986, the City has worked with
two firms. The first was Norbert Dall & Associates, hired specifically to represent the
Agency on Redevelopment issues (at compensation of $5,000 per month plus
expenses not to exceed $1,200 per month, for a maximum annual total of $74,400).
In 1989, following the evaluation of 15 responses to an RFP for legislative
representation, Chula Vista hired Advocation lnc.. Funds expended to date on the
Advocation contract have ranged from $59,000 to $73,000 per year, depending on
actual expenses, with a total to date of $483,832.
Although the fiscal impacts of many of a lobbyist's efforts can be difficult to estimate
(e.g. issues of land use control, speed limit enforcement, potential civil liability), Chula
Vista's experience has been substantial, concrete savings and benefits. In previous
years, this has included: $12 million in state funds for the Chula Vista veterans home,
legislative enactment and preservation of supplemental subventions ($4 million),
$750,000 for alternative fuel programs, $400,000 for the nature center seawater
system, and $226,000 in criminal justice grants.
Continuing fiscal issues will include making cities and agencies whole for state
property tax takeaways (ERAF) begun in 1992-93 ($5,468,513 lost as of 6/96),
protecting franchise fees from potential losses due to deregulation (at least $400,000
in cable fees at risk), protection of potential cost-recovery for the City's $2.4 million
GIS system (as recently threatened by S8 95 and S8 323), and advocating favorable
interpretations of Proposition 218 (up to $1.5 million in transient occupancy tax and
additional sums in assessment districts may be affected).
Attachments:
1. Agreement between Citv/Agency & Bob Wilson
2. Exhibit A to Agreement between City/Agency & Bob Wilson, Inc.
5- G,
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Item _, Page 7
Meeting Date 1211 0/96
3. Staff Report, November 26, 1996
4. Council Policy 300-01: Organization and Procedures on Legislative Matters Affecting the City
of Chula Vista
5. Miscellaneous Memoranda/Minutes reo Communications with Council
6. Contracts between Bob Wilson and: National City, Poway, EI Cajon, Santee, SANDAG
c:\wp51 \analyses\wiI121 0
S-7
RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA APPROVING A CONTRACT WITH
THE LAW OFFICE OF BOB WILSON FOR LEGISLATIVE
REPRESENTATION FOR THE 1997-98 LEGISLATIVE
SESSION, AND AUTHORIZING THE CHAIR TO EXECUTE
SAID AGREEMENT ON BEHALF OF THE REDEVELOPMENT
AGENCY
WHEREAS, the current agreement with Advocation, Inc.
expires on December 31, 1996; and
WHEREAS, the Agency issued a Request for Proposals (RFP)
on September 20, 1996 for qualified firms for legislative represen-
tation for the period January 1, 1997 to December 31, 1998 and
staff presented the proposals to the Agency for its consideration
on November 26, 1996; and
WHEREAS, at the November 26, 1996 meeting, the Agency
directed staff to negotiate a contract with the law firm of Bob
Wilson based on their local connections and high qualifications.
NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency
of the city of Chula vista does hereby approve the contract with
the law office of Bob Wilson for legislative representation for the
1997-98 legislative session, in the form presented, a copy of which
is on file in the office of the city Clerk as Document No.
BE IT FURTHER
Redevelopment Agency of
authorized to execute said
of Chula Vista.
RESOLVED that the Chair of the
the City of Chula vista is hereby
agreement for and on behalf of the City
Presented by
Approved as to form by
Gel ~~
Chris Salomone, Director of
Community Development
C:\rs\advocate.inc
5-<6
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONTRACT WITH THE LAW
OFFICE OF BOB WILSON FOR LEGISLATIVE
REPRESENTATION FOR THE 1997-98 LEGISLATIVE
SESSION, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT ON BEHALF OF THE CITY OF CHULA
VISTA
WHEREAS, the current agreement with Advocation, Inc.
expires on December 31, 1996; and
WHEREAS, the city issued a Request for Proposals (RFP) on
September 20, 1996 for qualified firms for legislative represen-
tation for the period January 1, 1997 to December 31, 1998, and
staff presented the proposals to the Agency for its consideration
on November 26, 1996; and
WHEREAS, at the November 26, 1996 meeting, Council
directed staff to negotiate a contract with Bob Wilson based on
their local connections and high qualifications.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the contract with the law
office of Bob Wilson for legislative representation for the 1997-98
legislative session, in the form presented, 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 to execute said agreement for and
on behalf of the City of Chula vista.
Presented by
Approved as to form by
C?J-, c;:~
Chris Salomone, Director of
Community Development
~-9
t
12-05-1996 03:06PM FROM LAW OFFICES OF BOB WILSON TO 16195855612 P.02
I
I
I ATTACHMENT #1
I
I
i
I
I
I
I : Ag"rlleme..~... between
I Cil;y of Chu~a Vie!;". and';the Redevelapm.ene Agency
Qf the City . f Chu1a vista
I T~e Law Office ~f Bob wilson
i I
I for Legis1atiVl! Representation
, i
I This agreement K "Agreement " ), dated 12/10/96 :for .the purpo......
~f reference only, iand effective all or the date 11l.II!it sx~ted
~lell5 another elate is otherwise specitied ;,n lilXh.i.bit A, Para~aph
:Ii is between the Citjv-related entities..Q8 is indiested on Exhibit
~, paJ:"agraph 2;: all ,e:y.ch(colleetwe'ly.Cityh), whose business fo:t'lll
~s set forth on Bxl1itiit A, paragraph 3, and the entity indicated on
tlhe attached ~bit:A, paragraph 4, as Consultant, whose business
~C:rlll is :set fortb '* Exhibit A, paragraph 5, ond whose place of
H1.lsiness and teleplilone numbers are set: forth on Exhibit A,
p...ragraph 6 ("Consu~tant.l, and is made with r..fer..n<:!e to the
4011owing :facts: i
i . Re~~
I
! WherQ~S. the City of Chula Vieta has contraoted for
~~gislative repre$en~ation since 19a~; arA,
, ,
I Wherell-B, on sep~ember 20 19~6' .the City issued a Request for
riroposals ~ram quB1i~ied firms f~..r Legislative Representation
= the periOd of D~cemher 10. 3-,996 throt:.gh December 31, 1.998;
i ,.r
I , '"
! Whereas, tpe CiFY received si~ responses to this
SjOlicitation by the I=inal d..adli1j1e of' 5:00pm on Octobex 23, 1996';
a1nd ' "
I ,
i . Whereas, the ci-by staff. in:"conjunction with qualified,
qut.....dlio personnel haire reviewed li\nd evaluated theSle proposals;
ajnd, following pr'";ei1tation of tl;te recolllllendationlll to 0;'1;/=i1,
*=i ved d.irection to negotiate ~.. contract with the Law Office of
Bpb Wilson ("ConsultflIlt") BDd ":
i l'
! Where.as, c:onsUl~' ant. wa:r:rantil and 'Cepresents that they are
.pt:perienced and staE ed in a ma=er such that they can prepare
ain.d deliver the servo Cell J:"equiJ:"e\i of COIlBultant to Ciey within
tb.. t.i.;mo f'r...l1le" he~in provided ...11 in accordance rich t;he terms
~ eonditiOlls of tht.e Asreeme.."'I.t;
I '
!
A-I
12-~5-199& ~3:~7PM FROM LAW OFFICES F BOB WILSON TO
16195855612 P.~3
i
;
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IIIOW, THBRBii'OlUi:l BE IT SOLVIID that the City and Consultant
hereby mutually agree.... follO>ls:
I
i
Consultant's ~tieB
I
A. General Du~ielil
Consultant sbail perform all of the services described on
the a.ttached Bxh:l.bi~ A, par..graph 7, entitled -General Duties.;
, I
fnd, I!
I II. Scope of W~rk and ~chedUle
! In the process IOf pert6Xll\1ll.5J and deli_ring said "General
~tiesU, Consultant I shall al~o perform all of the .ervice.
~e8c::J::':l.Reci in Exhibi~ A, Pal:'ag.raph 8, entitled . Scope of W<>rk lUId
$chedule", not i~8istent with the General Duties, acoording
to. and wlth:in the time frallleS set forth in Bxhibit A, Paragraph
~, and d.elive~ J;o IC:~tYq!!lU!;!l1 Pe1.Jye;J::~lei;' a.o; "!:'Ii! ident.ified in
~hi.bit A, Paragraph 8, wU:I1lll. thet1me frames set forth ehereir.l,
time being of the e$senee of this agreement. The General Duties
~nd 1:he work and de:l,iverablee required in the S<::ope of iklrk and
Sohedule i1hall be h.rein referred to as the apefinOlli Services".
failure to complete I the Pefin",a. Sezvices by the t:l.II1eS indica.ted
Qoes not, eJroept at I the option of the City, operat.e to t...:rm.in;ilte
this Agree~nt, i
! I
, c. Reductions I in Scope of Work
! i
. . I
i City may indeP~nCl.entlY, or upon request frQtl\ Consultant,
from ti1tle to time r~duce the Definsd Services to be plllrformed by
. the Consultant unde;t thil! Ag:reement. Upon doing so, City and
~nsult.ant agr.., t;o Imeet in._~. fait.h .,.g, confer for the pu;r;pg..
?f Degotiating ~'oo*r!lspocd~ng reduotion in thm ecmpensation
associated with said redUCt1On.
I .
. D. Additionallservioes
I .
i In <;,ddition to I~;rforud,ng the Defined Servio;:"s herein set
~orth, C1ty may re~ire Consultant to perform additional
~nsult~ng 5erviceslrelated to the Defined Services '"Additional
$ervices"), and up<<,>. doing so in writing, if they are within the
soope of 8erviees offered by Con~ltant, consultant shall perform
same on a time and I!laterilllll bas~s at the rates set. forth :l.n the
"Rat:e Schedule" ~ Exhibit A, Pa3;agraph 11, unle88 a eeptlrate.
fixed fee is oth.El:rwise as:r;eed UPQn. All. compensation for
,t.dditional S..:rvioell; Ilhall be pai~ 1llOnthly as bi11ed.
, .
i
:
,
do
,
;
i.
J
404t:t'\II(!t..VU
~~.Nbe~ ~. ~9~~
St~~ .ron, rwo P5lrty Asre~ lPeqnh R-tv:.ilLoR)
..".."
(Jr-!J-
12-05-1996 03:08PM FROM LAW OFFICES OF BOB WILSON TO
16195855612 P.04
I
!
IE. Standard of! Care .
. . I
. I 'I
i Oonsult;=t, in ~rformi~ any Se."n.cos under this agrf!!"'uuont.
-.lhet.her I)et:l.ned !!e:r:'l!ic:es or Md1t1onill Services, sllH-U perform in
a lll4mler conllist.nt:. jvitb that level of care and ..kill ordU1a:dly
~Ja!!reised by membott'liI of thll profe"aion currently praoticing under
simila.r conditions kd in similal' lOQations. '
~ !
F.
Insurance
,
, '
i Consultant repJeeents that it and its a.gents. staff and
~onsultants elllPlqyed by it in connection w1Ul. the Services
;jequired to be rende!Z'ed. are proteet:ed against the risk of loss
':1Y the fOllowing ~anco coverages. in the following categor-
iiea. and to the lii1clite specified, lXlliQi.liI of which arc issued hy
:r!nsuranoe Companies ith<t.t have .. Besf'" Rating of nA, Class V' or
lftter, or I!Ih.ll lllee;'t with the apprrval of the City.
! Gt.atutory Worltei;t-'1iJ C:ompel)l!latioh InlilU=c:e and ElI1ployer's
~~~~~~Y~~~i~'~:::i~~ir~he!:ainount set forth in tho!
. !
i Commercial General Liahility :tnsura..'"lce inclt1ding Business
,A,'utomobile I,.;iabilit.}I! Inllurance coverag>e in the amount: set fo:r;-th
i!o :eXhibit A, Paragrjaph 9, co1l1lo1.\Wa sinSle lilll.i!. applied
Sjeparately to eaCh:plroject &'"<lY from prem1ses owned or :l;'entea by
qcnsultant., which naines Cit.y and Applicant as an AdditiolUll
Iinsured., and which iIB pn,l1llInr .to, any policy which the City may
d;t.herwlse carry ('Pr,1l1Ul.ry Coverage>), and whiCh treat.. the
e!r\ployeesof the Cil?1Y and 1'-ilPl.l,.ca."l.t; in the same manner as members
oIfuthe general pu1>lip ("CroE's-liability Cove;r:age").
i .
, Errors and OIllislsiona Itui=anee or ".otessional Liability
I"..=anee, in the lUll:lunt set forth in Exhibit A. Pa:rllsaraph'9,
,*1885 E:r:ror", and em'i.....iot!tJ eoverll.ge i. included in t'he General
I4ability ~li.cy. i '
Any nedUQtiblesi and $elf-rDsured Retentions must be approved
,.pal!'at..ly ~.. noted tl.n ~ibit A,paragraph !J.
i '
:j
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G. Proof of In;surancQ Covsrag..
i
{1} Csrti~icat.es of Insurance.
: ,Conorult.ul.t' 'MIl demanstrate pl;OQf of coverage herein
requirea. prior to the comme:tlcernent of so:rvices requ1z:ed under
tJl,is Agreement, by ~li"'e3;y of Certificates of Insurance
~monstratj,ng soune. Iilnd furthel:' .1.ndicating t.hat the policies may
npe be canceled withput at: least t.hirty (;10) day.. wri:tten notic..
tp the Niditional InSured.
, .
octinhz.tfI.CI:...t:.
~~~ s. ~99'
st."I\~t'Ci 7cd:IIl TrIIQ fvt!r _eeaene I~CJUkth Rsr.i8iCIII:1.)
"'P"
A-3
12-05-1996 03:08PM FROM LAW OFFICES OF BOB WILSON TO
16195855612 P.05
(2) pcliC;y Endorsements Required.
I In order tio demonstrate the Additional Insured
'FOVilrage, Primary Cciverage and c:ross-liabil1ty coverage reqtrlred
~nd~ Consultant'8 Commeroial General Liability Insurance Po2icy,
Consultant shall deliver iI. policy endOl;liIlilllllilIlt to the' City .
demonst:t""'ting same, !'If\'l.:I.ch ahall be reviewed _<1 approved l:Jy the
Risk Manager. ' '
I
I
:: s:::::. f::c::::lo~ce. (NOT APPLICABLE)
COn.....ltOlIlt a!l'r~e8 to ' tun a businesliI li<:len.... from the City
~d to otherwi.. e~ly with Title 5 of the Chula Vi$ta Municipal
'fode. ; I
. 2. Duties of the C~t;y 1
I
i
A.
Consull:..t'iclnand'cc:iOpera.tiIQ1{
City eh",ll regr\larly consult the Consultant fQ;r,- the pu.rpose
6f rliOVi.......ing the pro~eSEl of the Defined. Services and Schedule
~herein contained, ~d to provide direction an~ guidance to
ljehieve the objecti"'e.. of this agJ:eemem:. The City shan permit
access to its of~1c8 facilities, fi~es ~ records by OOnsultant
l!;hroughout the tel\"lll lof t:b.eagreement. In addi t:ion thereto, C:i.ty
Ij.gre.... to provide ,the infortpatlon, .~;;a, itliltllS and mater.tals .et
forth on Exhibit A. :Parag:ra~h 10, i(ll4 wit.11 the further
understanding that, d.elay in, the pr<tVision of the..e material",
~yond 30 days after aut.horization'to proceed, .hiLll constitl.lte a
~eis tor~he justifiable ~lay in~he Consultant's performance
.of this !lg,:-eement.
B. Compensat1cin
: Upon receipt o:e lI. properly prepared billing from ConsuLt.ant
lioubrnitted to th.. Cit)- pe,dodicall.y as indicated in EXhibit A,
I'aragJ:aph lS, but ill 110 ev~~ mere frequently than monthly, on
~he day of "he periQc:l. i.n.dioated in ~ibit A, Paraqraph 18, City
~hall compen..al:.. Coll!Sult:ant for all servioes ~ndered by Consult-
....t ."<:I..rding to the: 'terms and conditione set forth in Exhibit A,
Paragraph ~l, ad:iac~l: to the governing' llompensat.:I.ol1 ",el...tionship
indicated 'by a .ehe~rk. next to the appl:opl:iate arrangement,
~ubject to the rSqIlirements for retention set fc:n::th in pnagraph
19 of Exhibit A, ~ shall compensate Consult:&nt for out of
pocket expenses as p~ovided in Exhibit A, Paragraph 1~,
All billings s~tted ~ Consultant shall contain
olIufficient'info=atwn .. t.o l:he propriety <:If tl:.e bill1ng to
permit the City to eiV'al1,l.11l1;e that the amount due and payable
t:!:Jr1t.r.qt.wU
~~.r;;', 1"'
St;~ "<:11M -rwo PaRV ~aQMll':' (.Fauz1:"h- ~"Il'U:.i_'
: PlI9'e ..
A",q
12-05-1996 03:09PM FROM LAW OFFICES OF ao WILSON TO
16195855612 P.06
:thereunder is pro~. ;and sPall
. account number indi,'Cat..d on. Exh
: chaJ:ged upon ll1al<ing such paym4ln
.3. Administration l:>f Contract
! Eaeh party designates the individuals ("Contract
iMm1nistrator-s-) inj:iicated on lilXhibit A, paragraph 13. as .aid
ipart.y' a contract aCllninistrator 0 is autborized by said party to
!reprasent them in the routine a stJ:'ation of this agreellLl!:!nt.
. ,
ecificillly contain the City' B
it: A, Paragraph 18 (C) to be
.4.. Term.
A. Initial Texi1l
. This Agreement;sh&ll termin~~e when the ~t:ies. have
~omplied with all e~eutory prov~fions hereof.
t
I
I. . . ,"-. (.,-:::~ C"::'- ~'"':"(B ':'[L..~:-,..,,,
, 'l'he term of this agreement _y be extended for a. maximum of
. ithree acidi t.ional twO-yea.r terms. Each such two,.y..ar option' shall
he at the City's sole and unfettered discretion, subj..ot to
approval by the City Council and Agency Soard.
B. City RenewaJ, Option.
1$ . Liquidated Ocl..."gee
"
The p~visicns.of thia section ~pply if a Liquieated Damages
Rat.e is Pt'ovided iniExhibit: A, Parag-raph :'4.
: It: is aclo:1owleqlged :by both p.rtiee that time is of the
~ssenoe i.n !:bE! comp+etion of thilil A!P'eement. It is difficult to
e!ltimat:e the amount 'of dalll&g.u;. l;'~sult:i.~ from delay in per-
formanoe.' The parties have \ls..d their Judgment to arrive at a
:i:eaeonable limount. to oompens;ate for delay.
, Failure to complete the Defined SQrvices within the allotted
Uw.e periOd specified in this Ag1:'eement shall :::esult in the
follcwlngpenalty: iFor each Consecutive calen<lar 4ay in excess
of the elme Ilpedfi~d for t.he COlllp1etion of the respactive work
assignment or Deli~r&b1e. t.he ccnaultant shall pay to the City,
Or have withheld frQlO mon1elil due, the sum of Liquidated ~9'es
Rate provided ip, Bxl1ibit A, Puagrllph 14 ("Liquidated Damage's
Rate").
. Time extension. fo.:' delaY" beyond the consultant's control,
<;lther tbiql de1aye ca;u.aed by 1:he City, ehall be requ.eliited in :
Writing to tlw City':s contract Admini<rator, or desi;gnee, prior
to the exp1ratioXl Qt the speeified ti_. Extenei=s .of I;ime:.
when "ranted, will l:le based upon the effact of delays t.o l:he' work
..n4 ....11 not be grl1rited for delays to mnor portions of W03:'k
t,Qntracl:,. lP11
.~% 5, 1.t>>c
ftaQdo1:CS I"oxa TWQ nn"y lIqrB~ (rourth UV1alCQt
.-.
A- :)
12-05-1996 03:10PM FROM LAW OFFICES OF BO WILSON TO
16195855612 P.07
lj,n1.ess it can be shown that such delaY'" did or will delay the
p:rQgress of the 'IllOrk.
Ii. Financial Interests Qf Consulftant
A. Consuleant is Desigmlted all an FPPC Fil..r.
If consuJ.tant :La de8~gnat.ed on Exhil:>it A, ParAgr;sph 15,' as
'~ "FE'E'C filer". Consultant is deemed t.o be a "consult:Ant." l'cr .
tihe pu:rposee cf the 'Political. Reforlll Act conflict of interest and
disclosure previsions, and shall report economic interests to the
C!iey Clerk on the required State_I: of Economic Iute:r'llilts in
such reporting cat~ries as axe 'lJli'ecified in Para~aph ;\,5 of
Bxhibit A, or it none are specified, then as dete:rtllined by tl'...,
City Attorney.
s. Decline to Ii'artici~te. .
. Regardless of whetl3er coneu~tard;i$"de~snated as en PPPC
l'!11e:j:', conaultanl: skiaU IICt Nke:", 'Oi'.-part:icipste in 1Iiaking or in
any way attempt to tise Consultant' fil position to i,nfl.u..ncfl a
gove=ental decision in which Consultant knows or has ,........on t~
II:1;1Ow Consu1tane has ,il financial interest: other than tlhe
<i9I1\Peni3ation prcnrise:d by this Agreeme..'lt which confliC!ts with tl1e
1ntere=ts of Chs City.
Consl,lltant sha]';! have no i:tl.th~st in other 'projects or
i.ndependent contracts whicb would conflict in auy ~er or
degree wit;h the perfbrmance .requj,red by the city. Iu any case in
10iMeh there lI\lJY be IXltential conflict. Consultant shall notify
the City 1n adv~ce or as sqon a~ reasonably possible.
. Should the City or the ,Consult:.ant <;leterm:!.ne. that... conflict
of interest exists regarding legislative representation by the
Coneultant :tor ;my third partyls>'. the eonlllultant acgrees to
dontinue to represent the City witbout. inte't"rupticm and .hall
d,ec1ine to represent: any s-..oh thi~ party. Consu11:.:ant represents
and warrant.. that its perfoX'1llance' under !:his Agreement ~d this
Section does not conflict. w:ithany eXililting or cont91llplaeed
agreement~:lth any other part.y and acknowledge" that. City is:
rel.ying on this representation in ente:dng inl:o this Agreement.
The City will not be respansib~e for any eMt bon>e by thoo .
Co....u1t..nt as a resuJ.t of this S..01:.1= and consul.tant: agrees' to
prot:ect, indemnify, ~fend and bOld City harmle... aga.irust any
costs of liabilities i~curred by City in connection herewith.
Consu;Lt;ant a~slil that prior to ente:l:'ing into <lontr.et... foX'
cogaultin~ services with any parties, associations, or
1ndiv:1.dua~s other ,t.han the City, Consult....1: shall confer with the
City to discuss the potent:1al of cont'liet of intere.t ex.atea ):y
the addition of such contracts.
eofI1:%ilct:. viI
Eleee~ 5'. D",..
$t.m&:nl ~ Two '.tty agreellflnt (7Q\D'm Ke!n.sim:l)
:-.
A-~
.
12-e5-1996 e3:11PM
LAW OFF I cr mi ;BO
l
. I
C~>naultant may not co/'du
l'arty to this Agxeement. 'i';r f
conflict .ith Oonsultant'~ re
except with th~ written pe~i.f
FROM
WILSON
TO
16195855612
p.e8
solicit any business for iany
y third party which may b,* in
ibilities under chis Agre~ent,
of City. i
C. Seareh to DetOlrrnine EconOl!lic Interests.
. Regardless of whether ~S\lUant is dedgnated as an nlPC
Filer, consultant: warrants an r resents that Consultant hl;is
diligently conducte~ a search inventory Of COnsultant'. .
economic interests, :as the te used in the regulations .
promulgated by the Fair Pol~t . a Practices c~ission. and ihas
determined that Conaultant do IS t, co the best of ConBUlt~nt."
knowledge, have ~n economic i t;e st which would conflict wfth
Cbneultant.~ dutie~'underthi eement.
flicting Interests.
~I " .. ~_
ant 1s Q.esignated as an Fi!pe
and represent.. tbat con.Ji.tant
an economic 1ntere~t dut,in~
uld constitute a conflict. of
Political Practices Act.
D. Promise Not . to Ac:qu;l.;r
. d '.':'-" ')!. - "-:-~:~ ".._':-':' r:'-=-';: E:.J ~
Reg.xdle.... of wheCher Consu
Filer, ConQultant further warran
.ill nOt acqu~re, obtalll, or ass
the term Of this Ag~eement which
interest: as prohibited by the Fai
Ii. DUty to Advise of Con!':b,i:'"ng Interests.
, "'.1: .:'
Regardless of whether ConB~l nt is designated as an ~
Filer, C<msultant further wan:ant and represents that Consuiltant
will immedilltely advise the City l'..ttorney of city H~ COneultiant
learns 01; an econOl'dc inter....t of Consulta...'lt' 8 which may resUlt
in III conflict of interest for. ~~ ,Pl.lrpOSe of the Pair Politij:,al
.pr.....tices Aot, and :regulations 'Ptdmulgatec;l 1;.~;reWlder.
, . ~ ,"I t.
F. Specific WQrranties ~.+~t Economic Interests.
I ~'
COnsultant warr_t" ;ond. :rep~"lP=t" that neithe", CQn$"lt::>nt,
!:\Or Consult:ant:. 51 1_dia~1l fam!lr1n&ml:lar$, nor Consult:ant' s
elllPloyee8 = agenu (lConsultailt"A,&IOCiatesft) P%'esently have' any
int.e:reet, directly or il'ldirect~y; 'whatsoever in ~y prQpertYi
which may be the subject matti!!X" bf the Defined Services. or !In
~y property within ~ radlal ~leg from the exte~ior boundarles
of ~y property which may be the, subject matter of the Defin~d
Services, ("prohibited rntersst~l, other than as listed in '
E:l<hibit A, Para~"ph ~5.
Consult.nt further warrai:l.es,Land repre8entOl .that no PrQlll~se
of future employment, r<!llllUneratioQ, considerati.;>.., gratuity !;rr
ot-her reward Or gain has bee."1 maq. to:;> Consultant cr C:oJ1Sultaht
AsSOciates in connect.ion with C<:>neultanc's performance. of this
,
Cl:.1ntr.a~. 'If.i1
'Qec.-b=-- !. 1996
. 5timdlr.;-d l'on& "IwO pany _.cedent.
lnlur'. *1"1onl
I '*0lIl ,
,
I
I
I
\
{1-11
12-05-1996 el3' 28PM FROM LAW OFFICES OF BOB WILSON TO
16195855612 P.ell
Consultant may:not condudt: r solicit any business for any
party to this Asreeljlent, or f~r y third party whlch may be in
confliot with Consultant... res ,sibilities unaer this Ag'r~ment,
exc$pt with the wri~ten pe;r;mi"lI.ioo of City.
! :g:::::s e:f 1::~ ~:i' ::~t I::e:::~ted as an FPPC
Filer, ConsuJ.t:ant w,rrants and' presents that CoJ:LlNltant Me
diligently conCI:ucte~ a $eC\.t'Ch d inventory of Col1wltant's
.concmic interests,: as the te .' i.s used in the regulation.
promUlgated by the ~air Political Practices commission, and ha&
c;ietermined that COnsu1t:ant:. does not, to the !:lest of COnsultant'..
lnowledgs, have an .ccnomic illtarest which would o~liot with
?ouaultant's duties.under this agreement.
D. Promi~~,N~t 't~AI;l~~E'"g~mpictihg Interests.
; Rega~le9" of .hother Consultant is Qasignated as an FPPC
Filer, Consultane f1i.rthoor WlIlttlUlts and represents tb&t Consu1t&nt:.
.,lill not acquire, obtain, or assume an ec:ooom:j.(: intere,.t duriZlg
lthe t.erm of this ~e_...nt which would constitute a confl:l.ct of
1nterest as proh1bl~ed by the "a12: political Practices Act.
! B. Duty to Adv~lJe ot Conf:l:i6ting Interests.
, . . t. '0:-""
, Regardless of' "hether c:o:rl''sultant is designated as -.n Fi'PC
Filer, Con6ultant fllrther war-re.nt.8 and representl!l that Consultant
"'111 immediately ad'll'ise the City Attorney of city if Consultant
learns of an econom1c interest o~ Consultant's Which may result
in II oonflict of in~erest for ~he purpose of the Pair Political
. ~::-"Qt1ces . Act , and JieSUlations' p:romulgated thII:r:eunder.
i P. Speoific> W~rranties J$aiwot EconOlll.ie Interests.
. .
: ConB~ltant ~antB and ~present.. that neithe~ Consultant,
nOr eonaul.tant's illllli.C1iate fal!!i1y lllembers, IlQr Consultant'fI
employees or agantB,(.Ccn8ult~t Associates") presently have any
~nterest, d1rectly or indirect'1Y, whatsoever in any property
which may be tbe .~ject matt.1Z- of the. Defined Services, or in
~y property within;2 rad1al diiles frOtll thll exterior boundaries
of any property .hiqh may be the subject matter of t4e Cef~neQ
Services, '"i'rohlbfted rnt:e.re'st"r. other than as listed in
:ljxhibit A, ~..r..~a.ph 15. ..
. ~ "li
Consultant fur~her warran.ts and represents that no proai.e
of: future. elllployment, :rellllmull.tion, conaideratign, gratu1.ty or
<$t:.~r re_rd or gain bas ~en 'mage t.o Consultant or Consultant
~soci..t."s in o::onl1e.:;tiol1 wieh Consultant. II pe:J:"fornumce of tM.. .
~'Olt:_.i.1
~U" 5.. 'l996
A-7
.
12-05-1996 03:29PM FROM LAW OFFICES OF BOB WILSON TO
16195855612 P.02
Agreement. Consult.mt promises
promige T:hat may he ~de during
for 12 months therea:ft.er.
Consultant agrees that Cons tant Associate.. ..h..11 not
a.cqlJ1.~ any such Pro'hibited Inte ,'at within tlJe Term. ot ehis
Agreement. OT for 1.21 month. afteri, the expira.tion of thia
Agr....-...c. except wi.ith the "'ritten,permlssion 0:1: Cit.y.
: '
advilH Cil::y of any such
"I'e= of thilll 1;g'reemenl:. or
7. ltold Eumless
, ,
! ConsultaDt shalil defend., ind! ify. proteot and bQ1.d
~rmle8s the City, ieG .lected an ppointed officers and
~ployees. fr01ll. and againat all c illlS for <iamagElS, liability,
C,oBt and expense [inCluding witho limitation attorneys' fees)
arising out of the ciOIIduct of' the nsul cant. or any agent or
~ployee , aubconeract.orll, or othe :in 'C!O.IlD.ect10n with the
~ec:utionof the'Wf.>:rk "co~d~byl]t.~!!I'-Agreement, except only for
those claims arising' from the sole neglisenee O~ cole willru1
~ieconduct of the Ci~y, ita officers, or employees. Consultant's
io:>&=nmification shall include any and all costa, expenses,
attorneys' fees and liability incurred by the City. its officers,
a9'ent~, 0:1:' employee:!!, in de.fend1llg 'i ll.!a<liIlSt 61.1eb claims. whether
tJ'le same proceed to Dudgm~t or n3t., Furtber. ~nS'Ultant at its
~ expense shall, upon written . quest :by the C:i.ty. defend any
such suit or action brought again t' the City, its officer~,
agents. or employeeB~ Consultanee' il:1demnification of City shall
~~~s~t~~ted by any prior or eut~quent decliU'ation by th..
ai. Termination of ~eement foX' T!'\l.Se
, If. through any: eause. C'or..sulu.nt shall fai1- eo fulfill in a
timely and prop.... ~r Consultant' S obligationtl under this
Ag1:-eelllent, <;>r if <:!on.,ultant s.ball violate any of the covenants,
agreements' or .tl~l.tions of this Agresmagt. City shall have the
r;i.G'ht to t",rminate thi. Agreeme::tt ,:by giving writ1:en notice to
COnaultant of such terminaticm ~ epeeifyiZl9 ..bat the
termination is effec~iv@ immediar. ly. In that event, all .
finished O;r unfil1ished dO(:\l!IIents, data, lltudies, surveys,
dr...w:i.ngs, maps. report.. and other, materials prepared by
Consu1tanl: shall, ..t: tb.. <;>ption 01 t.he City, be<::c:>mo the property
of the City, and Contlu.ltant shall ,be entit:led to re<::eive jlUll:: and
e~uitable compensation ~or any work gatisfactorily <::ompleted on
sUch Ik>cUllle!:l.ts and other material" up to tb. .ffective d..te of
No~ice of Te~1nal:iQ~, nQt to exceed the.amounts payab16
hereunder, and less any damages caused City by Ccnsul tan!:.' s
br....ch. ' \
~tra.c:t...i.1.
IIci:_ ~_ ,gg,
I';
S:~~ 1o~ TwO "t~y At"~ra~ tPc;ru,rlitl Rev.1siOAJ
t :: . fag'lt 8
\J
A'~
.....-
12-05-1996 03:30PM FROM LAW OFFICES OF BOB WILSON TO
16195855612 P.03
For pUl:'pQses of this Ag~eelll=t, in the event of COlUlultant:'s
l;>reaeh hereof, in addition to any and all other right.. and.
>;emed:i.... to wh1ch the C:ity _y be &ntH. led, City .hall have the
right: to recover lI'lOlletary damages which .shil.1l in..l~4i;1 (a)
Liquidated DaIllages in accordalloc. witn the terms, of section 5 of
this agreement and Section 14 of' Bxbibit A for each day that:: the
City. as a rt!!sull:: of City'S te:nlination of this AJgreement fdr
cause, City is not lleLng provided the Defined services hereUnder,
sUbject to City's good faith efforts to contract with an .
alternate consultant (b) the increa~ed cost to the City, if ,any;
of acquiring the Def,ined $41=1"'.... for the retQaini.ng te;r;m of t:his
~r..eD.lent. a:od (e) ~cb. additional monetary ciallla.ges to which the
City may b'il entit1<!ld. :i
li. Erro"", and OllIissions
In tM Qvent ~ha.'t: the City Ad1lIinistrator detel:'lllines thait the
CcnJ!lUltants' !1e9'ligence, errors, or omissiol'$ in the performance
of work w.d.er thill Agreement has :rG8.1.llte9 in e:xpenee to City:
lirea.~er th;= ~.ld, l1aYe;l:ll$Ult';4",i,~" t:t>ere we:re no ~ch '
negl~Slence, errors, ~m1SSions,consultant shall r.umburse City
liar a;rry additional eixpense15 incurred by the City. Nothing hftzoe:l.n
ilil intem1ed to limit; City'S rights under otr..er provisions of tr..is
~greernent. .
1;0. 'l'ermi..natioo of Agreemeot for .Convenle:c.ce of City
city.ma.y te=i,,;.,te thill Agreement Ilt any time and for any
lie8s0n, by giving' lIpecific written notice 1:0 Consultant of such
termination and specifying the effective da'.:e thereof, at least
t;hirty (301 days bef"ol"e tne e:t:tece.:i.ve date of such tertuination.
in that: event. ..11 finished aad unfinishe<i d=ULents and otlo-eX'
aiaterials desoribed M".inabove shaJ.l. at the option of the City,
become City'S sole ilJ1d Ilxclueive property, If the J\greelllent is
terminated by City as Pl:'Ovided in this paragraph, Consultant
$hall be entitled to' receive just and equitable companaation' for
any aatisfactory work completed on such Qoe..lmentll =d other
materials t.o the effective date of aueb, termination. Consultant
~reby expre....ly waive.. any and all claims for damages or
ClO\JTDensation arising: unde>:: tbis Agreement except as: lIet forth
aeX'ei.n.
'11. Assi~ility
The services of' Consultant Ilre per"Otlal to t:he City, "'-"'La
Consultant shAll not alls:ign any interest in this Agreement I and
shall nottra.l'u.fer any intgrg"t in tile same (whether by
asaigmnent Or novation), without: prior written ~nsent of City.
:L:l. OWnerahip. Publ;i.cation, lieproductlon and O'lIe of Material
aoIlt.r~.wi~
J)cj~ $. 1'5(:
8~.a. *'= ":Wo Pl!...~y l.Ig):~t. t~..b. :Rsv1uonl
. "&0'* J
,4-10
12-~5-1996 ~3:3~PM FROM LAW OFFICES OF BOB WILSON TO
16195855612 P.~4
All reports, s~udies. information, d~ta, etati.tics, forms,
de:$i.gn.., p).anl!l, prcxi~d.ures. :SJ(stellll!l and. any oehor mater:!..l. or
properties produced 'under thie AgreeJDent tlhall be the sole ana
exclusive property of City. No Buoh 1IIllter1al.. or properties
produced in whole ct in part under ~Il Agreement: ahaJ.l be
liubject to privilte use, copyright", or patent rights by cons.u;Leant
in the United State~ or ttt any other country wit~e the exp~ess
written consent 01: City. City shall have unrt'llltr~cted authority
to publish, disolosE! (exoept as mat be limited by the provisions.
of the Publie Recorda Act), dil!ltrUiute. and otherwise use,
copyright or patent,: in whole Or in part, any such reports,
studies, data, statistics, forms or other materials or properties
produced Wlder this Jlgreetllent.
13.
Ind~pendent Cozltractor
:~
City is intereEited =ly in the result.s obtained ;and
. ConeuJ.tant Bhall perfoJ;1ll as an independent contractor with sDle
contt'Ql of the malUU!\r And means of perfoning the servi<;les
~red under thi&~:Agraelllellt:-: o:city.ilIa.intail>. the right: only to
reject Ol:: accept Consultant:'s work products. Consultan.t and any
of the! Consultant's !agents, employ....e or rap:t'esentati'Vlils are:, for
all purposes und..r this 9....menr.. an ind.pendent contractor; <lUl.d
f!ha.ll not he deemed 'to .be a..'"l employee of City, and none Of them
aha.l.l be entitled to a~y :tlen...fits to which Cir.y employees are
entitled including trot llot HllIited eo, overtime, reUrement .
henefit:s, '.worke1:"s dompe.llsation benefits, injury leave or other
lea.ve benefit!J. 'the,'refo:J;:e, ci.ty will not withhol.d. state 0.
federal incollle tax, :social lIet;:Urity tax OJ;' any ether payroll tax,
and Con$ultant shall) be 5<lJ.~ly reeponsible for the payment of'
. same and shall holo ;the City harmless with rega.l:'d thereto.
L4. Administrativ~ Cla~~Raquirement9 and Pl:'ocedures
, .
No suit or arbitration 'ehaU be brought a:rililing .out of ~his
agreement, against ~e City unless a claim bas ~irBt been
presented in writing! and fil"d wH.h the City aM a(lte<! upon by
the C:i.ty in accordan,de wi.th the pX'O<ledures ..t forth in Chapter
1:.34 of the Chub v1jgta Munio1paJ. Code, a. .ame ......y from time to
t;ime be amellded, the; prov:!.s:!.ons of which are incorporated by this
;reference as if fully eet forth herein, and sucl1 policies and
pro<:ledu:t:'ea used by the City in t~f! implemen1:a~ion of same.
. ,
upon request bY. City, ConsUltant sball meet and confer in
good faith with City for tho pUrPoae of resolving any disPUt",
'over the terms of tbi. Agree_nt.
L5. A.ttorney'.. E'ees.
l'U1ould a dispute a:d.iBing out oJ; I;hi.. ~ment r..wlt il>
litigacion. it ie al#eed ehat the p"..vailing party f.lhall hOil
CIm1cnab...il
~~ 5. 1t~.
.t.Plda...--:J, "'=cs 'rWo P3n.y AgJ:e1l!lllUL~ urourt" g.V,u:.o;u
,. . !"~l.G
I
A-II
12-05-1996 03:31PM FROM LAW OFFICES OF BOB WI SON TO
16195855612 P.05
dntitled to reCOver 'all rea.onable oets incur~d in the de fens..
,df the claim, :i.ncllolding cost.. Il.ll.d e torney's fees.
16 . Stateroent of C::i$t..
In the event: tliat Consult=t prepare.. a report or doeument,
or participates in I::he preparation of a repore or document ip.
.performing the Defi~ed services, consultant shall include, or
. cause the inclusion .of, it> sa.id report or dOClU1llent, a st.atement
of the numbers and cost in donar amount:s of all contracts and
subcontracts relat!J:+g to the Prllparition of the report or
'document.
1:7. Mil;lc...11aneouB . ,
. , I
A. Consu.ltant 'not 4uthodzed t;'Q Represent City
, unless specifically authorieed1P writing by City, Consult~
ant shall have no authority to a<lt as .~ty'" agex>.t to bind City
. ~o any cQ1:l.tractualuigreellllll1ts" wbatSo.ver. .
S. Consultant is Rul Elltatlil Broker and/or 'S.le~n
, rf the box on Exhibit A, Paragraph 16 is mark..d, the
Consultant ~d/or their pxin~ipals isfare licensed with the $tate
of California or some ol:her sta.te a.s a licensed l:'eal estaee
,broker ox-salesperson. otherwise, conaultant represents that
neither CouBultant, :nor their prbciplI.ls are licensed real estate
~~~"rs or salespersons.
,
C. Notices
All notioes, ~dl:l ot' requests provided for OJ:' permitted
t::o be givenpurauant; to thh Agreetllent lIIUI;t he in w.r:i.tinsr. All
Dot.i",es, 4emands and requests to be sent to ;my'party sball be
deellled to ,have been properly given or served if ,personally $Grved
ot' deposited in the :united States mail, addressed to Illueh party,
:l!ostage prepaid, registered Or certil:1ed, with return reoeipt
:cegu....ted., at the addr..iileS identifi"d herein as the pl.ac.... of
:~ulliness fot' each o~ the dellignated parti<ll8.
D. Entire Aereement
Thi~ Agreement, togetber with any ether written 'document
:referred to or c.on~emplated herein, embody the entire Agreement
and understanding !:letween the ~rties relating to the Subject
matter hereof. Neither this Agreement nor any p=vi"ion hereof
'lII3.y be amended, modified, waived or discllarg.a except by an
instrUlI\ent in writing el<eeul;ed by the party agai....t: ..hich
~fo:rcetnent of such ,ameP4ment, waive:=- or discharge is sought.
o::!iClJlf;.:t"Ooi:!t..V1:t
~r ~. 1~~4
ft.ando1r4 Pc;'II ":Wo Pan.ya;ree..Qt tlourtJI. ~l.&l.Qrfti
'~u
f\- I;L
I
12-05-1996 03:32PM FROM LAW OFFICES OF BOB LSON TO
16195855612 P.06
Each signat.Qry ,and party bere
represents to the ot,ber party thae
capacity and direct:ion from its pr'
Agreement. and that .all re&olutiQn
eaken so as to enabJ;e it: to enter
j
i
I
herebr warrant... _d
it has e!3<ll authorit.y ana
eipal to ..nt.el' into this
or other ,"ot10llS have b...n
to this Agreement.
8.
Capacity of Parties
F. Governing La..../Venu..
This AgreEllllent J!hall be 5Jtlve ed by and construed in
accordanoe with the laQ of th. St, te De California. .!\ny act.ion
ariSling under or rEtl~tj,1;Ig to thie eelllEtnt: shall be brought' only
in the federal or state CQ\1.:rts lac' ,ted in San Diego Count.y, State
of Californ1.o., and i.f applicable, he City of Chula Vieta, o;r as
close thereto as possible. Venue fjr this Agnoement, and
performance hereUllder, shall be th City of Chub. Vist.a.
I
."..., .
{N'e;xt page 'ill SignO,ture Page]'- ~-;~, ~ I ---
b,.
~'ii' ~
'1'
~:'J 1;,
.,il;
,-'
'it"
;1'
/,
CJOZL~rlI~."'U
~c~ ~, 1~'f
"+;...."1dard !'or.. 'l'2IO ~ A9re..-t tl'OUt'CA &eV'1aiClnJ
!~.. 1,2
A-/3
12-05-1996 03:32PM FROM LAW OFFICES OF BOB WILSON TO
16195855612 P.e?
Agreement
S~gnetu:re .Page
to
between City of Chula Vista a=l<i the Rcodevelopnent
AgElncy of the City of Chula. Vista '. :
and
The Law Offiel!! of 30b >1i1J:<)n
for Legislative Representation
nr WI:TNSSS tllmREO?, City and Consultant havlil exeCl:.ted this
Agreement thereby indieat:bg that they hAVe rea.d aud unders1:iooQ
salltS, and indicate their f",111 and Complete consent to its te-rnus:
Iiated,
"1'"
, 1,1_ City'd'f <:hula Vista
. :'T:"r"':"- -:-: t'"J:::; 1,1" ':'
By:
ShiJ:'l..y Her.O!1, }layor
Att.."t:
Red..-"...lopmer:.t Agency of the
C1ty cf ~ula Vista
Beverly Autnelet, City Clerk
.lIpproved as to form::
~torney
'I'l:.e La... Office of Bol:: Will;lon
S}.~~'
- t\lrel ;
BRnOK~ ELT.T~OlIl-...Sz: T_I!ilg: Adv
(PrL'1t r.atn<! and-e.iOe] -
"'Xhibit List to Agreement
eX) Exhibit A:
Q'Oft~.ct:."-i.t
'Oec:.....U' $4 ~9'il8
;;t:.8"".....dlUrl i'o-"'!!. ':".-:: Vany ~~-: l~.n :ie";::'.s~A)
"oqo :.3
A-If
.
12-05-1996 03:33PM FROM LAW OFFICES OF BOB WILSON TO
16195855612 P.08
ATTACHMENT #2
Exhibtt A-
to
Ag'reement bet1lfe=
City o~ Chula Vista
and
The Law Office' of Bob W~lson
1.
2.
Effec:th'e Date c:if Agreement, r' ember 10, U9t5
City-Related Ent~t:y: i
00 City of Chu.b. Vi~ta, ill mut,:l.cipal chartered corporat~on of .
~b,e State of California , . 1 :
(x) Redevelopment Agency of the City of ,t"'l... Vi&~a, a
poUticil eubdivision of' the State of caTift;>"nill! .
(col1ecti:~lYI_ -City"')-- iC ?'J"
3. Place ot Business f'or City,
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, cA '1910
I'"
,... .
4.
. -
The La.w Office of Bob Wilson
Consultant,
~. Business Po~ of Con.ultant:
( ) Sole I?roprietor.hip,
( ) Partnership
(X ) CorporatiOn
;
6. ~lace. of Busi......., Telepl>ol>6 and F-.x Number of Consul.t~t,
1725 capitol A-~ue
Sacramento, California ~5614
Voice Phone (gI6) 448-2187
t:'""" PhoJle (916).448-5340
General Duties, ,
To provide legislative representation :in Sacramento fot the:
City in order to augmenl: the City'S e:ltiBt..ing r"lar.ionl!lhi~ ,,;j.~h
lagislatore and pOlicy administrators, as ~11 as to ~intaiIl
a high level of effective advooacy with the ~gislll.ti~ and.
Executi". Branches of State 90~rIlIIIent. '
i.
8.
Scope .of Work and Schedule:
A. Do:.taile<l Scope of Work:
1 Perfo= tho... dutiee customarily po,!rlorll1l!ld by legislative .
I
A-IS:
12-05-1996 03:33PM FROM LAW OFFICES OF BOB W'LSON TO
'I
16195855612 P.09
I
advooates and governmental affa!:t:s repre$entativ'!':s on
behalf of ths City, and in, doing SQ, a1:>iae by the cl1t:y'.'
adOpted Ler,P.slative ProQ'Tam and City c:iQuncil' Pol.iey J300-
01 as c~ently in force or illl they may be 'illll8ndedj.
2 As directed, represent the City in meetings Or b.afin~s.
with State agentlil!lS, boi!ll:"ds, =ml'lliss.i."InS or pth.r
legislative bodies and e League of California Ci~ieB.
l:". _11 as testify on be It of the City during !IIajne. .
I 1
3 M directed and as othe_ is- guided by the Cicy's ad!-pt.ed
Legi..lat1v.e Progralll, reI! h and provide info:rmad,lOn to
the City 0:0. la) State la' ~ or P~Sed ~egi61.tion[. (1))
legiBlat1ve hearings, 'orts te.,tJ.lDOny, (c) State
reSUlations/poli~ies, (,) funding opportunit:I.e;s1 for
propos<;ld City projects" Ie) technical nlelllOran~ or
r<;lports illlp.i!lctll:ig City 'ratione. II
4 'DEvelop strategies to ItU essfully impl"ment t.he Cilty'll'
lagis-1at!j.vs progra.IltI'-~" f.thCity's appr<Wal, impl~1Mlnt.
sa.1d stra.t.egies. I
!
5 Provide sufficient support to aggressively leb~y an
average of at least 3-4 major pr::'ority 1ssues a~ any.
given time. aloug with atl least 0-7 lesser pr1orl~ies.
5uppCrt would include p , ct1~ly 1dentifying po~t1al
legisllltiv:e vehicles :reo at:!.ng to thol>e topics, aIl1d
adyocating the City'''. poSition with app:r<:>priate
legislators or other offi ials to b~1ng about favorable
oonsideration at: those pr sals . i
6 V.onltor and pr0111de the Ci Y with copies of all bill~ (as
introduced = amended) or ropo.als pertaining to il'sueB .
of concern or interast. t the City, particularly tbolile
affectil'l.g' = relating to e~e CitY'1I legislative program.
, .
7 Tracie said legislation a..'"li p:t:ovide the City with adtance
notice to the City' IS 8iiltisact1on of hear1n'Js or ori~ical
G1c;:tionl!; relating to thallle bills or issues in whic~ the
City ha. expressed. an i<lt ....t. ,
e Prepare and deliver lette ,as dhected by the Cit~. to
approp;ro;i.ati!l cOllllllittOl.......n me1D/J<jrs of the LegialaturF' as .
well as to executive depar ments anrl/or State offic:;iL.u&. '
, .
, . .
9 On those bills o.1ng tra ked. by City, pro....i.d.. ..d.~t..n:
weekly status repcrts and ~itt.n end-of.yea:c re~rts,
inclu~ing ~~ndment. comm tee.. assignment. beilrin~ Bnd
voting information and ot ..r relevant'data. i .
,
,
10 Prepare briefing _teria s. provide br:iefings/mert1ng.
oon~):'am:..p'ta
De~ s. 1.9516
i
~t: I\. tc:il Sba1c1ard, Yom ~Jlt
! Il'agoO t
I
,
;
i
A-Ib
12-05-1996 03:34PM FROM LAW OFFICES OF BOB WILSON TO
16195855612 P.10
,
Spa~e and a=ga aPPOifllle:c.ts for Councilmember.. and.
City staff when thosC!l ind i<1\1al. traveJ. to Sac.,""""";!;., in'
furtherance of ~e City' ~e9'islative prc>gram. :
11 Provide information and/or resources, aill aVailjlhla,
pertaining to State and Regional Agenc:ien, (a.nq, as.
r..a8onahly available, pertaining Co Federal AlJ6De.ies and.
legislat.ionl as they affect the City's leg1.S1,;u:1ve'
program. '
1.2 tlraft a~rop:r::illte bill text and/or identify ilpprgpriilte .
1"!1i$lat1ve or adlllinist.ntive vebiel.. (e .g. spot b~llB.
budget/trailer bills, discretionary action at an agency .
level, ..tc:.l to ea.t'ry cut the City's legislative goa1.,
13 At least four timeso per Y_"" PrQvide il briefing aC a
regularly sc:}1-eduled City COUncil meeting on Che ..t.at.j,.1!I of
efforts in Sacratllento on I Chula Vista'.. behalt and th",
qeneral state 0:1" St~te "'legislative alId eXllc:,p.l:iv<a
acti vlt.ies. -. -. ~.,,- In
B. Date for Commepcem.ent of Consult.ant Servi.ces.
(X) Same as Effective Date of A~ment
( ) othe:- .
C. DOlt..e (:::; 'l'i_ Limit" for :n+livery of Deliverabl~s:
Del~verables shal~ be ae provided for in Detailed Scope
of Nork. I
I
D. Date for completion of all!Co~ultant ~ervice>>,
. I
December 31. 19!1tl (unless . extended per Council act:l.Qn)
9 _ Insurance Requirements, .
(X) Statutory Worker'.. COI1Ipen.ation Insurance .
(X) Emplo~~'5 Iriab:j.lity Insu....ance coverage: $l..O(](j,OOC.
(Xl C01l1lllercial General Liabillt.y Insurance. $1,000,00(1.
(Xl Business Aut.omobile Li~i~ity Insuranoe: $1,00,000.
() Errors and Omissions it1lS~.r c", NOnA!!! :aequi.,.,d (ine~ uded
.in Cc>\1IIll.aroial ~n..ral Li ility =veragel . .
(Xl larore and Oft1issio.ns or ......iona1 Liability Insurance,
$1,000,000 (not iDcluded if' Co_roia.l General !...labili-ty
coverage) .' :
(Xl Deductihles and Self IlUIured R.etentions must be app~cved
separately by the City :
1
10. Materials Rloqu1:.-ed to be Supplied by City eo consultant. i
- Cu!':t'ent Legislil!;ive Program (all adopr.ed!amended eaei\:year
by the city Council) j.
tcnc~c,."t_pt.a . h~;l.o1e A. to St;;r.;rJ.;r<f. Tax;:!. ~eGalSlt
~a~.s. U",,6 i~:I
I
j
I
A-I?
12-05-1996 03:35PM FROM LAW OFFICES OF BOB WILSON TO 16195855612 P.11
I
Orrr~' ",,,.,,n ~il"" l.,,,-n = .. """'1 on.
LegiSlative Hatters
Niilille3 and phone lJulllbers of appropriate City staff :
City posit1on on specified Ieg1.1ation ,
City correspondence or other mater:i.als to be deliver!3d or
advocated by Consultant :
11. Co~ens.tionl
A. (Xl Bingle Fixed Fee Arra.ngement;.
FOr p<lrfo~e ot all of the Petined Servioes by Consuitant
as herein required, City shall pay a sing-Ie fixed f.... in; the
'amounts and at the times OX' TlIiJ.estones or tor the Deliverable'; eet:
'forth below: '
Single lfixed !'ee AmoUl:lt: $61,200 per year payable as follows:
],2 equal monthly payments of:
$5,100
with lllateria18 Or other expel'iseS .reimb1.lr....d as prrnhded
hereibbelow:' illl Buvicell ipz-ci.l<i.(fed prio!;" to Janwl.l:Y I, i997.
shall be provided 011 a pro bono basi.s. Any lIIated.:Ils profided
or other out of pocket expenses inourree. in peJ:'formanqe of
servioes herei::l req\lired pl"ior to January 1, 1997 eha~l be
subjQct to l"eimb1Arsement as ..ereimlelow provided.
Rate Schedul", for 'Additional Service." purS'U..nt to Section
1.D. of the Ag"'eement: '
Category o:f ilIlployee
of Consultant
Name
Hourl.~
Rate '
12. Materials Reimburilement Arransell'1ent
Por tl'... cost of eut: ot pooket expenses incurred by ConsuJitant.
i.n the piElrfcrma.=e of sexvices' h<orein req\lired, 'City .ahall
r~imburse <:onsultant up to $400 total per month fer the eXPen!;e.
set forth belctq,
(X) Copies
(Xl Travel, or pro-rata portion as directly re~ated to ,City
business
(x) Printing
(Xl PastaS'"
(:lC) Delivery
t:ae.t.J;'aet.Ji't.a
~~~!. 1~~6
91dU.b.it A.::) '~"d.u'd ;'Ou ~A"
;'P~"
A-/~
12-05-1996 03:35PM
, ,
FROM LAW OFFICES 0 BOB WI~SON TO
16195855612 P.12
(Xl
(X)
Long Distanee Tel~
other Actual Ident~
Bill :R001lL ClOpy Be
- Computeriz_d bill
rgee
irect Costs.
ioe i
trac~iDg service
],3 . ContraCl: AdministratOrli!lCey Personnel,
City: City ManageJ:" or designee, 27~ Fourth Avenue, <!:hula
Vista, ~ 91911 (619) 691-503l
Consultant; ,
Bob Wilson and!Wadie Deddeh, 17~5 cap1tol Av~nue,
Saoramento, California 95814, (916) 448-2197,
Corulultant acknowledges and B'Jree.. that ; City
eons.l.aers the lallove-referenoed ind.;.."idual.. ~o be
key perElOmlel "Ihose employment by Ccnaultant il!> thol
primary basisi fori .,Ci!:y's contraoting ;with.
.Q:m.lill.ltllllt, ,_~~~e.:;-,.v. Accordingly, ConsuJ. tA!1t
represents'tbai: 'it' :LS Consultant's ourrent ir,.t:ent,
that such identified persons shall rElltlain empioya:d
with Coneultant :for the tert\1 of this Agreement and '
that such parties shall be actively i;l.volved i~ the
performance of the Defined Ser...ices hereunder j
14. Liqui-dated Oamage:;; R.a't'e: ,
( X ) $500 per day.
( ) Othe~,
1S. Statement of ECOXlOlllic Interests, Censl.\lt:ant Reporting
Categories, ~r conflict of Interest COde:
(X) Not ~pplicable. Not an FPPC Filer.
l FPPC Filer
Category No. J.. Inves.tments an.d scur<;:es of in-fOll\El.
Interests in real prope:::-ty. :
l Category No.2.
)
Category No.3. Il:1V"stlllents, int<l<:z;eet in: :r'l!l;\l
prop~ty and source6 of income subject to! the:
regulatory, permit or licensing a~~bority ot the
depart_Ill:.
( ) categOry NO.4. 1m/eetment... In business ent i t:-es ;
and sources at! income which engage 1::1 ; :and ,
~Cllit!:aC:1:.pt~
*8II1a~ 5. ~9'.
Ez~1t M. ~a s~r:dara ~ Ag%-ee!llBB
. '..... .
A-11
12-05-1996 03:36PM FROM LAW OFFICES OF BOB WILSON
TO
16195855612
P.13
d;;>velopmenl;, construction or the
sale of real property.
a.(lqui.:l.t~on or'
I
,
( > ca~egory No. S. Investments ill. busi_alil ~t;itiel!J
and sources of incolll(! at' the type whieh, wit.hin the
pasl:' two years, hav.. contr..ct"<il wi.th the C~ty of
Chula Visrta (Redevel.opment: Agency) to P,rovide
serv'ices, . suppli...., 1lIaterialiS, machine:<Y '07:
equipment.
Category NO.6. Investments i~ business en~itie~
=d llou:!:'ces of income of the tyPe which, within thE!
paSt two years, have oentracted With the desi9nated
Q;nployee's depart:oent to provide -ertic"IiI,'
suppliel!l, materials, machinery qr equiplllent.:
) C-teSOlry' No.7. Busi~~-:,s positions.
,
( ) L.tst. "cor.twlta.."t~ Associates' interests in rea~ pr,;,perty
within 2 radial mileg of ~roject Property, if any: .~ .
~5. ) . consultant is Real Estate Broker and/or Salesman
.17. Permi~ted Subconsultants:
Ae City is ::-o1yiIlg on the pe:::-Bo~l service... of Mr. Wil"'~n aDd.
M:r.. Ded.deh, SUbconsult'ants sbl!,ll not be permitt..a ...~thot:.t
prior City approval, wbich apprcva~ shall be a::: City' aI <!Iole
distl~etion.
i8. Bill P~cessingl
A. .Coneulcant's Billing to Qe submitted for the foll~wing.
period of time:
(X) Montbly
( ) Quarterly
( ) Othe:c- ,
B. Day Qf the Period for S"~ission of Consultant's Bil~ing:
( j PirB!: of the Month
{Xl ~Sth DAY of e5ch MOnth
{ J End of the Mcnt~
( ) Other:
C C~ty'S Aceount ~umbe:r: 100-0730-5298
CDn~aiC:'l:' prt.a.
n.?embe~ s. ~~"
~1bft A. ~ ';e.all4ard, i"wD!l AW*eelaM:t
. ;.690 Ii
?.D 'J
7.rAQ~~qRrQ 'nu ~J
. UI~TI TrTl111" In f''''^
n^ .....
TOTAL i=>-:b
ft-JO
.
JOINT COUNCIL/REDEVELOPMENT AGENCY
AGENDA STATEMENT
ATTACHMENT #3
Item...3 ~
Meeting Date 11/26/96
) 6
,
ITEM TITLE:
Resolution I ~- ,;)...:L of the Redevelopment Agency approving
the contract with Advocation, Inc. for legislative representation for
the 1997-1998 legislative session, and authorizing the Chair to
execute said agreement on behalf of the Redevelopment Agency.
Resolution / q 503 of the City Council approving the
contract with Advocation, Inc. for legislative representation for the
1997-1998 legislative session, and authorizing the Mayor to
execute said agreement on behalf of the City of Chula Vista.
SUBMITTED BY: Chris Salomone, Director of Community Development ~
Gerald Young, Principal Management Assistanr
.-')
REVIEWED BY: Executive Directo>>/ (4/5ths Vote: Yes_No-XJ
V-
On December 31, 1996, the current agreement with Advocation, Inc. expires. That
agreement provided for two two-year extensions to coincide with the state legislative
sessions, both of which were granted. In anticipation of the year-end expiration of
that contract, the City issued a Request for Proposals (RFP) on September 20, 1996
for qualified firms for legislative representation for the period January 1, 1997 to
December 31, 1998.
Following extensive review of those proposals submitted to the City, a firm is
recommended by an evaluation team of both in-house and outside raters to be
awarded a contract.
RECOMMENDATION: That the Council/Redevelopment Agency award the contract
for legislative representation to the firm of Advocation, Inc. (proposed agreement
attached as Exhibit' A'). The effective period of the contract will be January 1, 1997
through December 31, 1998 with three two-year renewal options at the City's sole
and unfettered discretion.
DISCUSSION: I
Backaround \
The City of Chula Vista, together with its Redevelopment Agency, has contracted for
legislative representation since 1986 in order to augment the City's existing
relationship with key legislators and policy administrators, as well as to maintain a
high level of effective advocacy with the legislative and executive branches of State
government-- particularly with regard to the City's adopted Legislative Program.
~
I
I
,A- ).-1
,
Item ~. Page 2
Meeting Date 11/26/96
With the pending expiration of the current contract, staff mailed copies of an RFP to
the top 40 lobbying firms in the state along with others which had been recommended
(e.g. Art Bauer and Associates). This listing was compiled by the Secretary of State's
office based on contributions received from the firms' clients.
A total of six firms submitted proposals to the City in response to the RFP. One of
these submittals (Joe and Anthony Gonsalves) was determined to be non-responsive
to the RFP. The remaining five proposals were then reviewed and evaluated by a six-
member panel of City staff made up of: Bob Leiter, Planning Director; John Lippitt,
Public Works Director; David Palmer, Library Director; Chris Salomone, Community
Development Director; Gerald Young, Principal Management Assistant; and Colleen
M. Kelly, Administrative Analyst II.
This panel used criteria such as: experience of principal representatives in Sacramento
politics and municipal issues; proven ability to influence and affect the opinions and
actions of the legislative and executive branches of State government; demonstrated
expertise in those issues and topics covered by the City's Legislative Program;
recommendations of respondents' references; sufficiency of staff to meet the
workload and timing requirements of the City's Legislative Program; ability to meet
City budget constraints for base contract price plus expenses; and demonstrated
stability from a financial, organizational and personnel perspective. The following
ran kings were the result:
FIRM NAME
Advocation, Inc
Bob Wilson
The Flannery Group
Ochoa and Sillas
The Gualco Group
POINT TOTAL (out of a Dossible 100)
90
84
73
69
56
Based on those evaluations, the list was narrowed to 4 proposals. These were
presented (with no further consideration of these initial ratings) to a five-member
interview panel of both City staff and outside legislative professionals: Dwight
Stenbakken, Legislative Director for the League of California Cities; Richard Ledford,
Senior Vice President for Public Policy for the Greater San Diego Chamber of
Commerce; Sid Morris, Assistant City Manager; David Palmer, Library Director; and
Gerald Young, Principal Management Assistant.
Topics of discussion included: recent changes in the Legislature, specific lobbying
opportunities with Chula Vista's elected representatives, the future of redevelopment
law, handling of potential conflicts, and each firm's approach to lobbying and
customer service.
At the conclusion of those interviews, the panel concurred in the designation of a first
tier and second tier of candidates. The top candidates, being Advocation and Bob
Wilson, were both found to be highly qualified firms with a good reputation for
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Item l, Page 3
Meeting Date 11/26/96
achieving results in Sacramento.
In the second tier, the Flannery Group appeared qualified but presented significant
potential conflicts via their continuing representation of the City of San Diego. Their
proposed solution to this was either to assign separate staff to each city or to offer
a subcontractor. Neither option guaranteed representation by the principal lobbyists
offered in the RFP or fit with Chula Vista's requirement that, should an unresolvable
conflict arise, the other client would be required to retain alternate representation.
Regarding Ochoa & Sillas, their range of clients, areas of specialization and interview
responses also failed to rank them among the top firms.
Too Ranked Firms
As this report indicates, the four proposals fall into two tiers. Focusing on the top
tier, it is clear that both Advocation and Bob Wilson have performed well for the
jurisdictions and companies that they represent. In reviewing both of these firms, the
following comments are pertinent.
With Advocation and Bob Wilson in the first tier, the committee unanimously
recommended Advocation. This was based on: the results Advocation has been able
to achieve for Chula Vista with such issues as the veterans home ($12 million in State
funds), Redevelopment Agency supplemental subventions ($4 million since legislative
enactment), the nature center ($400,000) and alternative fuel programs ($750,000
in 1995); the reputation and strength of the firm as one of the top lobbyists in the
state; the interview responses; and the lack of any potentially conflicting San Diego
County clients. The reference checks for Advocation also supported this
recommendation (Fresno County Transportation Authority, J.G. Boswell, Deposition
Reporters Association of California, and Pacific Merchant Shipping Association).
Qualifications of Recommended Firm
Throughoutthe 1995-96 Legislative Session, Advocation's performance has continued
to be in keeping with the City's expectations.
*
Passage of SB 1382 which, in conjunction with AB 2015, approves $12
million in State funding for a Southern California Veterans Home in Chula
Vista;
*
Passage of SB 229 which appropriates $243,000 to Chula Vista for
supplemental subventions ovJied the City since 1994-95;
*
Assisting in the passage of SB 8 which re-allocates distribution of Public
Safety half.cent sales tax in San Diego County to the benefit of cities
starting in 1997-98;
*
Assisting in the defeat of bills such as AB 2569 which would have
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3
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.
Item 3-, Page 4
Meeting Date 11/26/96
limited Redevelopment Agencies' use of eminent domain and SB 323,
which would have jeopardized the City's ability to recoup the costs of its
$2.4 million GIS system;
*
Developing support for those bills such as AB 2797 which would have,
in part, corrected the State's on-going take away of local property tax
revenue (vetoed in 1996, to be a continuing issue along with legislative
implementation/interpretation of Proposition 218);
Previous years' efforts have also netted
*
Initial enactment of supplemental subvention legislation for Chula Vista
and five other affected cities, with a total benefit to Chula Vista of
approximately $4 million.
*
Approval of $400,000 for the Nature Center Seawater system and
$750,000 for alternative fuel projects.
Advocation, Inc. continues to be a highly respected lobbying firm in Sacramento,
representing such clients as Eastman Kodak, PepsiCo, Southland Corporation, General
Motors, Federal Express, H&R Block, and the J.G. Boswell Company, to name a few.
Former clients with a local government focus have included: City of Coronado, Los
Angeles County, and the Capistrano Unified School District. The public clients
currently represented by the firm are the Fresno County Transportation Authority and
the Los Angeles County Life Guard Association.
The wide range of contacts and diversity of resources available to the City through
Advocation's expansive professional network, coupled with the firm's thorough
knowledge of the City's needs, have become a tremendous advantage to the City.
This became very much apparent during both the supplemental subventions
negotiations and the Veterans Home debates when Advocation's relationships with
individual legislators, the Department of Finance, and the Governor's office provided
the City with critical opportunities to influence the decision makers in these potentially
controversial issues. Advocation is well-positioned to keep Chula Vista advised of a
broad spectrum of issues affecting the City and has proven its ability to influence the
course of those issues for the benefit of this community.
Qualifications of Bob Wilson
The other firm in the top tier of applications is Bob Wilson. Among the projects
successfully lobbied by Bob Wilson are:
*
Passage of radar enforcement pilot programs for Mast Boulevard and Chase
Avenue in Santee and EI Cajon.
*
Assisting in passage of changes in allocation of auto leasing revenues to the
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Item ~, Page 5
Meeting Date 11/26/96
site of the transaction rather than the leasing office headquarters, gaining
clients as much as $300,000 per year in additional revenues.
*
Assisting in passage of bill for San Diego County agencies to self-certify their
housing elements rather than work through the state approval process.
*
Defeat of legislation that would have lowered reimbursements to the San Diego
Community College District, thus saving the agency approximately $7 million.
*
Approval of sand replenishment funds for San Diego beaches for more than $2
million.
*
Keeping $10 million in the state budget for the San Diego to Fullerton rail line.
The Bob Wilson group focuses mostly on local government issues in the San Diego
region, currently representing the Cities of National City, EI Cajon, Santee and Poway,
as well as SANDAG. They also have excellent contacts among some of the legislative
leadership, as well as direct access to the executive branch of State government. Of
the agencies they represent in San Diego County, two respected attorneys voluntarily
called and offered their endorsement to the Wilson proposal. Lynn McDougal,
contract City Attorney for the City of EI Cajon as well as other jurisdictions in the
County, feels that they "really have done a good job for the City of EI Cajon," and
Deborah Greenfield, SANDAG's attorney, indicated that the Bob Wilson firm has
provided superior service to SANDAG over the eight years of their relationship.
Clients for which they currently work include: 3M, Consumer Attorneys of California,
San Diego Community College District, Sacramento Area Council of Governments,
SANDAG, and the Cities of National City, Poway, Santee and EI Cajon.
In connection with representing these cities, in some cases, there is room for
agreement between Chula Vista and these other cities: on the auto leasing and
housing element issues, Chula Vista joined these agencies in taking a position of
support. However, in the competition for scarce dollars in Sacramento, the committee
felt that Bob Wilson's representation of several other San Diego area governments
could occasionally prove problematic. On the other hand, on issues where Chula Vista
and other cities have had mutual interests (e.g. supplemental subventions),
Advocation has done an excellent job of working with them and/or the League of
California Cities to help achieve Chula Vista's goals.
As an added bit of information, among the largest 100 + lobbyists in Sacramento, the
size of the two firms (based upon compenSi~tion received) places Advocation as No.
4 on the list, and the Wilson firm No. 31. I.
Scooe of Work
The recommended contract designates Advocation, Inc. as the City/Agency's official
legislative representative with the California State Legislature, the federal delegation
and various governmental agencies. Further, the agreement requires that the
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A-cAS'
Item ~, Page 6
Meeting Date 11/26/96
City/Agency be provided with comprehensive legislative services, including:
1. Review of all bills introduced in the California Legislature, informing the City of
all State legislation (and Federal legislation as requested) affecting the City's
primary interests and forwarding a copy of such bills to the City;
2. Attending all League of California Cities' regular "City representative" meetings
and briefings;
3. Tracking legislation on which the City has taken a position, maintaining bill
records and sending amended/updated copies regularly to the City;
4. Arranging meetings with legislative representatives for elected officials and City
staff when necessary, and being prepared to participate as required;
5. Performing customary duties of legislative advocacy and governmental affairs
representation on behalf of the client to the best of their ability, experience and
expertise;
6. Gathering data and providing information to the City on such matters as:
a. State agency and department regulations, guidelines, directives, and
other instruments of administrative policy which may impact
City/Agency projects or operations;
b. Funding opportunities for proposed City/Agency projects and maximizing
use of all available State resources for financing programs and mandates;
c. Hearings, reports and testimony of interest to the City;
7. Representing the City/Agency in meetings with state agencies, boards,
commissions, and legislative bodies;
8. Developing legislative initiatives to assist in the implementation of the
City/Agency's legislative program;
9. Tracking and monitoring propositions and initiatives at the State level and
keeping the City apprised of proposals which impact City services.
1996-97 Leaislative Proaram
With the close of the 1996 Legislative year, which was also the completion of a two-
year legislative session, it is time once again for the City to develop its legislative
goals and objectives for 1997-98. With Council and department head input, staff will
work with our lobbyist to recommend changes to the City's current Legislative
Program and strategize for the 1997-98 program. An information item including draft
..3 (., A - ;) !;
Item l. Page 7
Meeting Date 11/26/96
changes to the current program will be circulated soon for Council's consideration or
potential amendments. An amended document is anticipated to be brought forward
for adoption in early January.
Alternative Actions
Another perspective the City Council may keep in mind is that, sometimes a change
of lobbyist can be useful in that, at least among the qualified firms, some have
somewhat different contacts and strengths in Sacramento than others. This would
give a local jurisdiction such as the City of Chula Vista an opportunity to tap into the
different strengths and contacts that another firm would have by occasionally making
a change if that is the desire of the City Council.
On the other hand, staff feels that Advocation provides significantly effective service
with excellent contacts and should be retained as the City's lobbyist.
Another alternative to offering this contract is for the Council to discontinue the
practice of retaining a legislative advocate altogether. This would provide the City
with an annual savings of $66,000 but would greatly diminish Chula Vista's
effectiveness in impiementing the goals of the City's Legislative Program. Chula
Vista's success in achieving these goals is directly linked to having a firm in
Sacramento which lobbies on the City's behalf. The ability to obtain legislative
support for funding requests such as the PVEA allocations. or the supplemental
subvention funding would have been severely hampered without the daily assistance
of a representative in Sacramento working to protect Chula Vista's interests. As
noted earlier in this report, the combined efforts of city staff working closely with
Advocation, Inc. has resulted in more than $17 million accruing to the City in the past
two years alone.
FISCAL IMPACT: Per the City's purchasing ordinance, staff negotiated a contract
with the top ranked firm. Advocation has agreed to provide their services at a rate
of $5,100 per month plus expenses not to exceed $400 per month, for a maximum
annual total of $66,000 or a total of $132,000 for the 1997.98 two-year session.
Their previous contract was at a rate of $5,170 plus expenses not to exceed $1,000
per month, for a maximum annual total of $74,040. The negotiated maximum
amount of $66,000 is $8,040 below the previous maximum and is approximately
$3,000 below staff's budgeted estimate (only $69,060 was budgeted this year,
based on historic expense billings and projflcted savings from the RFP). Sufficient
funds are available in the budget (60% non-~epartmental, 40% redevelopment) to pay
for this year's portion of the contract. Redevelopment funds support lobbying on such
issues as the veterans home, supplemental subventions, eminent domain and
mobilehome rent control.
Since first contracting for legislative representation in 1986, the City has worked with
two firms. The first was Norbert Dall & Associates, hired specifically to represent the
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Item :2 ,Page 8
Meeting Date 11/26/96
Agency on Redevelopment issues (at compensation of $5,000 per month plus
expenses not to exceed $1,200 per month, for a maximum annual total of $74,400).
In 1989, following the evaluation of 15 responses to an RFP for legislative
representation, Chula Vista hired Advocation Inc.. Funds expended to date on the
Advocation contract have ranged from $59,000 to $73,000 per year, depending on
actual expenses, with a total to date of $483,832.
Although the fiscal impacts of many of a lobbyist's efforts can be difficult to estimate
(e.g. issues of land use control, speed limit enforcement, potential civil liability),
Advocation's assistance has provided substantial, concrete savings and benefits. In
previous years, this has included: $12 million in state funds for the Chula Vista
veterans home, legislative enactment and preservation of supplemental subventions
($4 million), $750,000 for alternative fuel programs, $400,000 for the nature center
seawater system, and $226,000 in criminal justice grants.
Continuing fiscal issues will include making cities and agencies whole for state
property tax takeaways (ERAF) begun in 1992-93 ($5,468,513 lost as of 6/96),
protecting franchise fees from potential losses due to deregulation (at least $400,000
in cable fees at risk), protection of potential cost-recovery for the City's $2.4 million
GIS system (as recently threatened by 58 95 and 58 323), and advocating favorable
interpretations of Proposition 218 (up to $1.5 million in transient occupancy tax and
additional sums in assessment districts may be affected).
Attachments: Agreement between City/Agency & Advocation, Inc.
Exhibit A to Agreement between City/Agency & Advocation, Inc.
c:\...\rfp\a113
~
A-~i
COUNCIL POliCY
CITY OF CHUlA VISfA
ATTACHMENT #4
SUBJECf: ORGANIZATION AND PROCEDURES ON
LEGISI.ATIVE MATTERS AFFECTING TIiE CITY
OF CHULA VISTA
POUCY
NUMBER
EFFECTIVE
DATE
PAGE
ADOP'IED BY: Resolution No. 12880
300-01 01-13-87 1 OF 7
I DATED: 01-13-87
PURPOSE
The Organization and Procedures Section on Legislative Matte1'$ affecting the City of Chula Vista formally
establishes the procedures and sets forth the guidelines for the review of legislation matters affecting the City.
Generally, the purpose of this section is to establish procedures concerning City sponso1'$hip of legislation
and/or administrative regulations which the City seeks to have introduced and review of legislation and/or
administrative regulations introduced by othe1'$ that may have an impact upon the City of Chula Vista or its
interests.
'{'his Section also establishes procedures to guide City office1'$ and employees in their communications with,
iilld possible appearances before legislative, and administrative bodies and other organizations.
1. Lestislative Matte1'$
a. Introduction to the Citv's Lestislative Pr02Tam
The City's Legislative Program (County, State and Federal) contains a11 positions taken by the City
Council and the Redevelopment Agency which relate to the activities of the City of Chula Vista.
These City Council.adopted positions generally indicate the city sponso1'$hip of proposals that Chula
Vista would like enacted (Group I), support or opposition to legislative matte1'$ (Group II) sponsored
by othe1'$, and administrative actions (Group III) that the City seeks at various levels. When the
City Council expresses a position (either a general policy or on a specific measure/issue), it is
generally broad enough to allow the City to act on any legislation having a similar effect.
Therefore, there may be some positions on bills that are added directly to the Legislative Program
because the City Council has already expressed its position on an earlier, related matter.
Generally; the Legislative Program sh;'Il include only those items of a direct and substantial impact
on the operation of City government. Such an impact is defined as any financial cost over a
minimum amount for purposes of claiming reimbursement pursuant to Section 2253.2(b) of the
Revenue and Taxation Code (which has been established at $200.00 cost to a local agency as of
1978) or a non-fmancial cost item which has a substantial impact on the operation of a City
department or agency, the City Council, or the Mayor. Such impacts may be contained in the State
budget, legislation, and administrative actions mandating local performance.
Whenever any city department representative ascertains that a legislative or administrative
(governmental or non-governmental) proposal will have some substantial impact on the City, the
information concerning this impact shaIl be fOlwarded to the City Manager's office.
The Legislative Committee shall serve as the initial reviewing body of all such reports to determine
whether further City action is required. A report and recommendation will be forwarded to the City
Council for final action regarding both legislative and administrative proposals deemed to have a
potential impact upon the City. The Mayor, acting for the City Council, shall communicate the
A~;;1
SUBJECT: ORGANIZATION AND PROCEDURES ON
LEGISLATIVE MATIERS AFFECTING TI-IE CIIT
OF CHULA VISTA
COUNCIL POliCY
CITY OF CHULA VISrA
POliCY
NUMBER
EFFECTIVE
DATE
PAGE
ADOP'IED BY: Resolution No. 12880
300-01 01-13-87 2 OF 7
I DATED: 01-13-87
Council's position to the City's legislative advocate and/or appropriate local, state and/or federal
legislators, committee and/or local, state or federal agencies.
b. Lesrislative Prosrram Components
(1) Group - Sponsorship
Prior to the commencement of each State legislative session, and each legislative calendar
year, each department will submit their proposals for inclusion in the legislative program.
Those proposals for sponsorship which are adopted by the City Council shall be forwarded
to the City's legislative representatives in Sacramento and/or Washington, D.C. for
introduction or sponsorship on the City's behalf.
Legislative proposals will be limited to legislation deemed essential to the operation of City
departments and the overall quality of life for the City.
Generally, the following schedules will be utilized in developing the subject proposals.
Lesrislation
ON OR BEFORE SEPTEMBER 1 OF EACH YEAR
The City Manager's staff requests all department heads to submit proposals for new legislation
or changes in existing legislation.
ON OR BEFORE OCroBER 1
Departments submit legislative proposals to the City Manager's office and/or legislative advocate
for review.
ON OR BEFORE NOVEMBER 1
The City Manager's staff and/or legislative advocate submits analysis and/or recommendations
of legislative proposals to the Legislative Committee, which in turn submits its recommendations
relative to the program to Council.
ON OR BEFORE TI-IE THIRD COUNCIL MEETING IN DECEMBER
City Council adopts legislative sponsorship proposals.
NOTE: The program may be subsequently amended by the City Council from time to time when
action upon matters appear to be of sufficient urgency that it would be inadvisable to wait until the
next legislative year.
A-3D
COUNCll.. POllCY
CITY OF CHUIA VISfA
\
SUBJECf: ORGANIZATION AND PROCEDURES ON
LEGISLATIVE MATIERS AFFECDNG THE CIIT
OF 0iULA VISTA
POllCY
NUMBER
EFFECTIVE
DATE
PAGE
ADOPTED BY: Resolution No. 12880
300-01 01-13-87 3 OF 7
I DA1ED: 01-13-87
Budstet Items
ON OR BEFORE APRIL 1 OF EACH YEAR
The City Manager shall request department heads to submit proposals for possible funding
through the State budgetary process.
ON OR BEFORE MAY 1 OF EACH YEAR
Deparonents submit state budgetary proposals to the City Manager's office and/or the
legislative advocate for review and transmittal to the Legislative Committee.
ON OR BEFORE JUNE 1
City Council adopts items to be sponsored by the City for inclusion in the state budget.
(2) Group II - Positions on Pendinst LestisIation
The Legislative Committee shall be responsible for the review of proposed legislative and
administrative actions at the local, state, and federal levels which may have an impact on
the City of Chula Vista.
The City Manager and/or the legislative advocate shall provide a report listing the status
and copies of all such legislation, to the Legislative Committee and City Council.
For proposed actions and/or legislation which are determined to have an effect on the City
of Chula Vista, the City Manager's staff will notify the affected City department for its
review and/or report regarding the action/legislation. If the City department to which the
notification was referred determines that the measure will have a direct and/or substantial
effect upon their operations or finances, or on the operation of the City government in
general, the department shall recommend a position and shall prepare a brief, factual report
covering what it believes to be the significant features of the legislation and the effects or
possible effects upon deparnnent operations and finances (i.e., a cost impact estimate) or
upon city government in general. ,
The department report shall be submitted to the Legislative Committee via the City
Manager, for consideration in making a final recommendation to the City Council. If
Council has taken a position on similar legislation the item, after reyiew by the Legislative
Committee, will automatically be placed on the Legislative Program with appropriate action
taken by staff with copies to the City Council.
Upon adoption of a measure by both houses of the Legislature or Congress, a bill is
submitted to the Governor or President for approval. It is frequently desirable for the views
A-31
COUNCIL POUCY
CITY OF CHULA VISTA
SUBJECf: ORGANIZATION AND PROCEDURES ON
LEGISLATIVE MATTERS AFFECTING THE CITY
OF CHULA VISTA
POUCY
NUMBER
EFFECI1VE
DATE
PAGE
4 OF 7
ADOPTED BY: Resolution No. 12880
300-01 01-13-87
I DATED: 01-13-87
of the City of Chula Vista with respect to such measures to be communicated to the
Governor or the President. The Mayor and/or legislative advocate shall be authorized to
communicate and recommend approval or rejection or seek any appropriate administrative
action regarding such measures pending before the President or Governor if the measure is
included in the adopted legislative program and/or as directed by the City Council. The
actions of the Mayor and/or legislative advocate will be reflective of previous Council action
on the subject matter.
(3) Grouo III . Administrative Actions
While much of the activity affecting City government occurs in the form of state or federal
legislation, an ever increasing number of rules, regulations, and guidelines of administrative
entities can have practically as much impact as law. The process for development of these
rules, regulations, and guidelines is not the same as for laws. In fact, the activity leading to
final rules, regulations, or guidelines is often less formal, occurs more rapidly and involves a
wide variety of County, State and/or Federal agencies. The administrative actions sought
are proposals, sometimes suggested by the Mayor, Councilmembers, and/or City
departments, whereby the City is seeking or opposing a panicular administrative action or
change or informing the various governmental bodies of the City's position on matters that
are not normally dealt with legislatively.
Positions for administrative actions will be forwarded to the City Council for final approval
and/or authorization allowing staff to prepare a letter for the Mayor's signature to be
forwarded to the appropriate administrative body. If Council has taken a position on similar
legislation the item, after review by the Legislative Committee, will automatically be placed
on the Legislative Program with appropriate action taken by staff with copies to the City
Council.
c. Hearim:: Procedures
Much of the work done during a session of the State Legislature and to a similar extent in Congress,
is the result of hearings conducted by legislative committees. The City Manager's office is directed
to keep informed as to the membership of such committees, the dates and places at which meetings
will be held, and the subject matters to be heard. The City Manager's staff shall keep the Legislative
Committee and the Council advised of hearings on matters affecting the interests of the City.
The City Council will take action regarding appropriate City representation at such committees.
2. Aooearances and Communications with Others
a. Lesdslative Advocates and Soecial Reoresentatives
Legislative advocates and other representatives shall be appointed by the City Council as necessary.
A 3-)
. . g"-'-
COUNCIL POUCY
CITY OF CHULA VISTA
SUBJECf: ORGANIZATION AND PROCEDURES ON
LEGISLATIVE MATIERS AFFECTING THE CITY
OF CHULA VISTA
POUCY
NUMBER
EFFECfIVE
DATE
PAGE
50F7
ADOPTED BY: Resolution No. 12880
3()()"0l 01-13-87
I DATED: 01-13-87
These representatives shall be designated as the authorized representatives of the City of Chula Vista
to the Legislature of the State of California and Congress of the United States, and, as may be
necessary, other federal, state, regional and/or local entities or organizations whose actions may
impact on the City. They will attend the sessions of these bodies and present information to aid in
the passage or defeat of legislation or actions when the City Council deems it appropriate for the
City of Chula Vista to so act.
All City officers are required to extend their fullest cooperation in technical assistance to the
Legislative Representatives in their presentation of City positions.
From time to time, special representatives of the City may also be designated to contact specific
members of, or to appear as wimesses before, the various legislative bodies and entities or
organizations as may be recommended by the City Manager's office and approved by the City
Council.
b. Appearances bv Elected Cirv Officials
Nothing in this section shall be construed to limit the right of elected City officials or their
designees to appear before any governmental body or organization to express their personal views at
any time. However, such elected official should clearly indicate that the opinion expressed is that
official's point of view and not an official City position. In order to officially represent the City, such
appearances must be consistent with the City's adopted position on the matter. If such elected
official or the official's designee testifies contrary to a City position, the official or designee should
state that the testimony or communication is contrary to an adopted City position.
<. Appearances bv Cirv Emplovees and Coordination with Cirv Representatives
The best interest of the City of Chula Vista can be promoted if the efforts of all representatives of
the City are coordinated. The City's duly authorized legislative representatives, in Sacramento and
Washington D. C., cannot perform their work effectively if representatives of other City offices
present information to legislative bodies governmental agencies, or other decision-makers which
might be contrary to that presented by the official representatives.
To provide for the proper coordination in the presentation of the City's legislative program,
non-elective officers and employees of the City while acting in their official City capacity shall, prior
to communicating (whether orally or in writing) or testifying before legislative bodies or
administrative entities and other organizations, consult with the City Manager's office to determine
whether the subject of the communication or testimony is one of policy or is technical in nature. If
the subject of the communication or testimony of a City employee is of a policy nature, it must be
consistent with the adopted City position.
11,33
COUNCll.. POUCY
CITY OF CHULA VISTA
SUBJECf: ORGANIZATION AND PROCEDURES ON
LEGISLATIVE MATrERS AFFECTING TIiE CI1Y
OF CHULA VISTA
POUCY
NUMBER
EFFECI1VE
DATE
PAGE
ADOYfED BY: Resolution No. 12880
300-01 01-13-87 6 OF 7
I DATED: 01-13-87
Any non-elected City official or employee expressing a point of view that is contrary to an adopted
City position must clearly state in the state of the body of the communication or testimony that:
"This is a personal opinion, it is not a City position and it is not consistent with the City position.
Furthermore, I am not acting in my official capacity as a City officer (or employee)". They must do
all of this at their own expense (e.g., staff, stationary, etc.) and time. This policy in no way is
intended to prohibit an elected official from communicating or testifying the official's own behalf to
represent the official's personal position or the position of that office.
NOTE: The lack of a formal City position on a matter shall not be considered as permitting the
taking of a City position on the matter by an individual City official and/or employee. Such
positions must be cleared through the process described above.
d. Receivimr Communications
It is hereby established as a policy of the City Council that non-elective officers and employees of
the City, upon receiving communications directly from governmental agencies or other organizations
which substantially impact the conduct of City business or have substal'lial policy implications
affecting City policy, shall refer such communications to the City Manager for review and
recommendation to the Legislative Committee and Council. It is not the intent of this policy to
require referral to the Council of routine communications received by City officers and employees in
the transaction of City business. City staff shall consult with the City manager to determine
whether or not the matter is of a policy nature. Nothing contained herein shall be interpreted as
requiring the delay of a necessary response of an emergency nature providing that the officer or
employee making such emergency response subsequently comply with the procedures contained
herein as soon as possible.
3. Particioation on InteralZencv Policv and Technical Committees
In addition to the City's internal legislative process, the City Council serves on numerous Interagency
Policy and Technical committees that take action on legislative and administrative items (i.e., National
League of Cities, Board of Directors, and Advisory Council, SANDAG, LAFCO, etc.). Councilmembers
serving on these committees wilI coordinate positions on legislatiVe/administrative items with the City's
Legislative Committee and City Council.
4. Glossarv of Terms
a. As used in this section, the terms "legislative matters," "legislation," "legislative bodies," and similar
terms shall include administrative matters, administrative policy, and administrative agencies and
bodies of federal, state or county and other governmental agencies except when specific
differentiation between legislative and administrative is herein made.
llill
n~
COUNCIL POUCY
CITY OF CHULA VISfA
ADOPI'ED BY: Resolution No. 12880
POUCY EFFECfIVE
NUMBER DATE
300-01 01-13-87
I DATED: 01-13-87
PAGE
70F 7
SUBJECf: ORGANIZATION AND PROCEDURES ON
LEGISLATIVE MATIERS AFFECTING THE CITY
OF CHULA VISTA
It is the intent of this defmition to require that communications from City officers and departments
on policy maners be approved through the same process as communications on legislation. It is not
the intent of this defmition to require approval of normal, routine communications to agencies in
the transaction of City business.
b. An issue which is policy in nature is one which is more than routine and purely administrative. It is
a maner involving a discretionary judgment, one that cannot be made by merely reading a code
book or a set of existing regulations and following such without the need of discretion (i.e.,
non-ministerial). When such a reading is combined, however, with interpretation that could
reasonably appear to be "new policy'" of a new entity, then the maner is of a policy nature.
c. A "session" of a legislative body is the official life of that entity. Each U. S. Congressional and State
Legislative Session lasts two years, commencing with the taking of office by the newly elected
representatives (for the U. S. House of Representatives or State Assembly) following the November
elections every even numbered year. The same two year term applies to the U. S. Senate and the
State Senate, even though the terms of individual members may be staggered.
d. As used in this section, those governmental bodies or agencies that impact on the City of Chula
Vista shall include all offices, agencies or departments, whether administrative or legislative, of the
County of San Diego, regional or quasi-governmental bodies, the State of California and the federal
government of the United States.
e. Organizations shal' refer to any non-governmental administrative and/or functional association or
society such as but not limited to, the National League of Cities or the League of California Cities.
A-3?
ATTACHMENT #5
MEJ:Yl())JFi'~NTI)U1Yl
October 9, 1992
"
FROM:
The Honorable Mayor and city council
John D. Goss, City Manager f~)
J
Daniel D. Beintema, Senior Management
/
TO:
VIA:
SUBJECT:
) ,j'..
Assista;>,J:;....\ .
v
Scheduling of Meetings with city's Lobbyist
~ Chuck Cole of Advocation, Inc., the city's lobbying firm, will be
in Chula vista on November 17 and 18. The purpose of Chuck's visit
is to meet with interested members of the city Council and with
staff to discuss legislative issues of concern for the upcoming
1993-'94 Legislative Session.
Meetings will be scheduled on an individual basis. You will be
contacted in the next few days to schedule a meeting if you desire
to do so.
Should you have any questions regarding Chuck's visit, I may be
contacted at 691-5277.
A-3C,
CNut;rt~\J!.S\1'S~'ft()t;NULAVlStA
SCHEDULE
TUESDA y, NOVEMBER 17,J 992
8:30 John Lippitt (in his office)
9:00 .(,. "'-:,i. :';-:)v.d\.h ;L",Y 1-
I'" 7
10:00 Robert Nelson & Sam Lopez (in Sam's Office)
11 :00
12:00 Mayor/Lunch (meet @ Mayor's Office)
2:00 Kevin Hardy and Chief Emerson (in Chief's Office)
3:00
4:00 Jim Thomson, George Krempl, John Goss, Sid Morris in
John's Office
5:00 Dinner
6:00 City Council Meeting
. WEDNESDAY, NOVEMBER 18, 1992
8:00 Bob Fox (in Administration)
9:00
9:30 Attend Depart Head Meeting
10:00
11 :00
11 :45 Steve Neudecker/Lunch (Meet in Admin)
2:00 Craig Beam, Chris Salomone, Dan Beintema, Sid Morris,
Shirley Horton regarding Master EIR for Biotech Industries
3:30 Chris Salomone and Cheryl Dye (Admin)
4:00
C:\WP51\DAMCHUCK.SCH
A-??
MlEMOJRANDUM
COUNCIL INFORMATION
November 17, 1993
TO:
The Honorable Mayor and City counoil
FROM:
John D. Goss, City Manager
sid W. Morris, Assistant City Manager ~
Advocation, Inc.: 1994 Legislative Work Program
VIA:
SUBJECT:
For the past few years, staff has requested that a representative from
Advocation, Inc., the city's legislative advocacy firm in Sacramento,
attend local meetings with staff and members of the Council to discuss
work program items for the coming year. These meetings have been
particularly useful in the past as there have been a number of items
the city wanted to sponsor (funding proposals, changes to code
sections, etc.) This year, however, as a result of the ever-tightening
state budget, the potential for success of proposals worthy of the
city's sponsorship is greatly diminished.
Because much of the direction to Advocation for 1994 can be done by
mail and over the phone, and in an effort to reduce travel costs,
Staff's intent is to forego the face to face meetings with Advocation
~ at this time. Should there be a desire by any member of the Council to
meet with a representative from Advocation before the start of the 1994
Legislative Session in January, please let me or Dan Beintema know as
soon as possible so the appropriate arrangements can be made.
Staff will continue to work closely with Advocation in our steadfast
efforts to preserve/enhance revenues to the City, as well as support or
oppose other bills of significant impact to the city.
1\ 6 :.?
.
~- ~- (4"6
INFORMATION MEMORANDUM
SUBJECT:
December 1, 1994
The Honorable Mayor and city councijf ,~
John D. Goss, City Manager~ \?IA ~\
Gerald Young, Senior Management~ssistant~
Copies of recent legislative letters
TO:
VIA:
FROM:
Attached are three recent legislative letters concerning the Title
II and IV Federal Housing Programs, which are currently threatened
with elimination by the Office of Management and Budget. The
continuation of these programs was supported by City Council as
part of the city's Housing Element and Comprehensive Housing
Affordability Strategy.
~
Also for your information, the California Legislature begins its
new session on Monday, December 5. with the shakeup from the
recent elections, we can expect to see some changes in the
leadership and committee structure and a shift in legislative
priorities. The Legislative Committee is currently working with
city departments and Advocation, Inc., to anticipate these new
priorities and recommend some appropriate (reactive and proactive)
amendments or additions to the City's legislative program, A
revised 1995-96 Legislative Program is tentatively scheduled for
Council consideration in January.
Attachments
c:\wpSl\memos\im1201
ci
fl
;,;,
e:'.
rvl111Ul~
January 10. 1995
Page 9
.
Councilmember Padilla stated due to a prior commitment to the City of Coronado he would not be able to attend
the 1/17/95 Couocil meeting.
,
Mr. Boogaard stated he was familiar with some of the aspects of the rewer billing issue and be advised that a full
hour be set aside.
MS (Horton/Moot) to begin the 1/17/95 meeting at 5:15 p.m. in the Council Chambe~.
Mr. Boogaard requested that it be advertised as a Special Meeting rather than starting a regular meeting early as
the ordinance required that regular meetings begin at 6:00 p.m.
Mayor Horton stated she would incorporate the posting of a Special Meeting into the motion, agreed to by
the Second of the Motion, approved unanimously.
Mr. Boogaard stated because there was likely to be an arbitration bearing on the f~etro Sewer biHing adj:.:.-~~.:i::'.~~
he would recommend that the item be discussed in Closed Session.
~ b. Mr. Goss stated Donald K. Brown. City lobbyist. from Advocation Inc. would be in Chula Vista on 2/7/95
and available to meet with Council members at that time.
17. MAYOR'S REPORTCSl
a. Council appointments.
MSUC (Rindone/Horton) to reappoint all current appointments and appoint: 1) John Moot as the
representative to the South County Economic Development Council with Horton as alternate; 2) Steve Padilla
as the alternate to MTDB with Rindone as the representative; and 3) John Moot as the alternate to the
Bayfront Consernncy Trust with Horton as the representative.
Mayor Horton stated the appointment to the San Diego Abandoned Vehicle Abatement Service Authority and San
Diego County Service Authority for Freeway Emergencies Board of Directors would be discussed at the next League
meeting. She felt with Councilmember Padilla's background in law enforcemeot she would like to recommend that
he serve on behalf of the Southbay cities. She had not yet talked with the other Southbay cities regarding the
appointment.
Councilmember Padilla did not feel it would be a problem, but requested further information on background and
scheduling.
b. Ratification of appointment to tbe Charter Review Committee - John M. Dorsa.
MSUC (Horton/Rindone) to ratify the appointment of John M. Do~o to the Charter Review Committee.
c. Mayor Horton thanked the employees contributing to the non-profit organization Chula Vista Cares. $7,300
was donated along with 3 1/2 tones of food and 1,000 toys.
18. COUNCIL COMMENTS
Council member Rindone
a. Board/Commission/Committee Liaison. Continued from the meeting of 12/20/94. Councilmember
Rindone stated the program had been recommended by fonner Councilmember Moore. Councilmembers
volunteered to visit the following groups: Council member Padilla - Group 1; Councilmember Moot - Group 2;
Couocilmember Fox - Group 3; and Councilmember Rindone - Group 4.
I~ _ U ()
.
February 1, 1995
TO:
All Department Heads
FROM:
Gerald Young, Senior
. ~
Management Ass1stant~~
SUBJECT: Legislative Program
The attached Legislative Program update is scheduled for Council
consideration on February 7.
Since most of the items in the program related to one or more
departments' activities or priorities, please review these items
and be prepared to answer any questions Council may have at the
meeting on Tuesday night.
--7
The city's lobbyist, Don BrOwn of Advocation, Ino., will be in town
for the February 7 Council meeting. SeveralCouncilmembers have
already scheduled appointments to meet with him during the day. If
you would be interested in discussing any legislative items with
Mr. BrOwn, he will be available to meet with department staff from
2:30-3:30 in the Admin. Conference Room.
If you have any questions, please give me a call at 585-5649.
Attachment
JY
A-~I
Legislative Quarterly Report
October 17, 1995, Page 6
the San Diego Consortium/Private Industry Council (summer jobs
cuts). An invaluable part of these partnerships is the assistance
of Advocation Inc. and their direct access to Sacramento
legislators and agency officials.
1996 Leqislative Year
When the State Legislature returns in January, they will once again
take up all of the two-year bills still pending. They will also
introduce new bills---among them Chula Vista-sponsored proposals to
approve bonding for the state veterans homes and fully fund this
year's supplemental subventions. We will also be looking to take
an early role in new enterprise zone legislation to ensure that as
eligibility criteria are re-written, they take into account Chula
vista's special opportunities such as the high-tech/biotech zone,
Another area for potential legislation is freeway signage for the
Olympic Training center, which may be included in an omnibus
transportation bill (depending on the outcome of ongoing talks with
calTrans).
An additional commentary on this year's actions next year's issues
is provided in an attached letter from the city's contract
lobbyist, Advocation, Inc. Prior to the start of the next
~ legislative year, Advocation will also be scheduling a visit to
Chula vista to discuss 199f priorities with staff and Council.
The deadline for new bills to be submitted to the state Legislative
Counsel will be in late January. Since the window of opportunity
to introduce legislation is a short one, Council is enoouraged to
pass along any additional issues on which they are interested in
pursuing a change in state law.
As further information is available on these or other topics with
potential impacts on Chula Vista, it will be brought forward for
Council's information and/or formal action. If you have any
questions on these or other legislative issues, please give me a
call at 585-5649.
Attachments
I. Quarterly status report - Exhibits A and B
2. Letter from Advocation
cc: Advocation
Cheryl Dye
Juan Arroyo
Barbara Bamberger
JY\c:\wpSl\memos\qtroct.mmo
fl"(...i~
~NIFO~MA r~ON MEMOMNDUM
November 8, 1995
FROM:
The Honorable Mayor and City Council ~r 11\
John D. Goss, City Manager J~ ~ ~\
Gerald Young, Senior Management Assista~
Legislative Program: 1996 Amendments
TO:
VIA:
SUBJECT:
Midway through a two-year legislative term, Council takes action to consider changes to the
adopted Legislative Program to add, amend or delete items as appropriate for the City's
changing priorities or to react to changes or new proposals in the Legislature.
/
,/ Staff is currently working with departments to provide a draft update to the program for
1996. Consideration of these and Council's proposed changes is tentatively scheduled for
the December 12 meeting. At that time, representatives from Advocation, Inc. will also be
on hand to report to Council on legislative opportunities for the coming year and to answer
any questions. Any legislative proposals that Council members would like to have included in
the draft document for consideration on December 12 should be submitted to the City
Manager's office by Tuesday, November 28.
Among staff's proposed changes to the program are the following:
.
Support reallocations of sales and property taxes to the benefit of local governments.
Although the Legislative Program has always supported retention of local revenues,
this addition would specifically reference recent proposals stemming from the state
Constitutional Review Commission, the League of California Cities resolution on sales
tax redistribution, and a possible reform of Proposition 172.'
.
SUl')port 1-5 freeway signage for the Olympic Training Center. NOTE: Staff is currently
working with CalTrans on this issue. However, since CalTrans regulations would
normally prohibit signage at this distance from the facility, a legislative authorization
may be advisable as a last resort should staff negotiations prove unsuccessful.
.
Change the pOSition on border fees from "Watch" to "Oppose," consistent with
Council's actions on S 754 and S 269.
Although there are several other high priority issues for the new year, such as funding
construction of the veterans home ($12 million state; $22 million federal), pushing for a Clean
Water Act secondary treatment "equivalency" ($1.7 billion savings countywide), and
introducing legislation to make up for the state's under-budgeting of supplemental subvention
payments ($243,000), these items do not require changes in the adopted program.
1 As approved by the voters, Proposition 172 allowed counties to enact a 1/2-cent public
safety sales tax. However, as the attached letter points out, although cities account for most
of the tax generation, the complex allocation formulas provided most of the revenue to
counties. This was done primarily as a means to bail counties out for several tax and service
shifts orchestrated to balance the state budget. An attempt to fix this problem was
introduced in 1995 (AB 1191; a two-year bill). Unfortunately, th;~ bill did not address
counties such as San Diego which are capped at a 5% City share. Staff would recommend
a more equitable distribution formula be considered in 1996.
A . t-l8
legislative Program: 1996 Amendments
November 8, 1995, Page 2
If you have any questions about the Legislative Program or suggested changes for the 1996
update, please give me a call at 585-5649.
Attachments:
1. 1995-96 legislative Program
2. letter, City of San Marcos
cc: Advocation, Inc.
JYlccmem20
It .~
Minutes
December 5, 1995
Page 11
Mr. Lippitt responded that was correct.
MS (RindoneIPadilla) to accept the stafT report and recommendations.
Councilmember Moot stated it appeared that staff was somewhat divided regarding the treatment of the medians.
\\!hen the issue of the medians bad been discussed in tbe past tbere were safety considerations.
Mr. Lippitt responde<l that the outcome of the project would not be change<l. The original approval hy Council was
to keep the existing medians and decorate them. Due to construction necessities the existing medians would have
to be remove<l, hut they would be replace<l.
Clifford Swanson, Deputy Director of Public WorkslCity Engineer, state<l staff felt a me<lian condition was safer
than without a me<lian. The average accident rate per million vebicle miles was lower where ;ne<lians separated
opposing traffic. Therefore, staff was in favor of the me<lians.
Councilmember Moot supporte<l putting the me<lians back in due to the safety factor.
Councilmember Alevy state<l he had not been contacte<l by anyone in the business community regarding the me<lians.
He agreed that the safety factor, as well as the aesthetic factor, warranted the small additional amount of money.
VOTE ON MOTION: approved unanimously.
21. I RESOLUTION 18150 AUTHORIZING THE MAYOR TO EXECUTE THE SECO!l.'D AME!I.'DMENT
EX lENDING CONTRACT NUMBER C094-082 NOT TO EXCEED $10,000 FOR SOLID WASTE
CONSULTANT SERVICES WITH BROWN, VENCE AND ASSOCIA'l'ES (BVA) - Sexton Sand and Gravel
Corporation wants to enter into a long term flow control agreement with the City prior to executing a purchase
option for the transfer station site property and prior to approval of the special land use permit hy the
Re<levelopment r.):ency. Staff recommends approval of the resolution. (Deputy City Manager Krempl)
RESOLUTION 18150 OFFERED BY COUNCILMEMBER RIJI,'DONE, reading orthe text was waived, passed
and approved unanimously.
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulle<l: 10. The minutes will reflect the publishe<l agenda order.
OTHER BUSTh'ESS
22. CITY MANAGER'S REPORTfSl
a. Scbe<luling of meetings. No report given.
) b. Mr. Goss advised tbe Council that Advocation. Inc. would be available to meet with Council on the afternoon
of 12112195.
c. Mr. Goss state<l the City and Council would be participating in the 1995 Holiday Bowl parade on 12129195 at
10:00 a.m. The theme of the parade was "Heros on Parade" and he requeste<l feedback regarding tbe theme of the
entry for Cbula Vista.
Council member Alevy felt it important to make clear tbat Chula Vista was the borne of the Olympic Training
Center, the future home of Olympic champions, and that Chula Vista bad an Olympic legacy.
2:J. MAYOR'S REPORT(Sl
.fl.. Ratification of appointments: Je.ry Schlegel- International Friendship Commission, Linda Jean Ailen - Resource
Conservation Commission; and Katie Baker - Youth Commission.
It
,. //~..
Lj.'O-
.
INFORMATION MEMORANDUM
April 3, 1996
VIA:
John D. Goss,
Mayor and City Council r-
I c:' \
City Manager, ;(-1 \;iW'-!\\
Senior Management A~is~an~
TO:
The Honorable
FROM:
Gerald Young,
SUBJECT: Legislative Quarterly Report
This quarterly report reflects the current status of still-pending
1995 bills on which the City has taken a position as well as
several new bills that have been introduced this year. Exhibit A
details all the bills being actively supported or opposed by the
. City and the letters which have been sent communicating those
positions. Exhibit B shows how these bills relate to the adopted
Legislative Work Plan.
Once again this year, the Assembly Speakership has changed hands.
With the recall of Doris Allen and the ascendancy of Curt Pringle,
the Assembly is at a bare majority and every issue that comes up is
subject to intense partisan squabbles. It is in this environment
that Chula Vista continues to push forward its ambitious
legislative agenda.
The Legislature is on its Easter recess through Monday, April 8, at
which time committee hearings will resume. Following deadlines for
1995 bills to pass out of their house of origin, several two-year
bills the city was tracking have died. The working deadline for
new bills to pass out of their initial appropriations committee is
April 19. Although this date may be pushed back, it currently
serves as a benchmark, forcing a flurry of amendments and committee
hearings (and consequently, letter-writing) over the next few
weeks.
Attached are analyses supporting AB 2178 and HR2927, which would
provide notice of property reassessment applications, and would
amend federal law to allow reasonable zoning of residential care
facilities, respectively. Also attached are analyses opposing SB
1626 and AB 3053, which would require in-lieu property tax payments
for redevelopment agency-held properties off the tax rolls for five
years, and would prohibit development fees-for-service or taxes in
excess of the capital costs of new development, respectively. Each
of these bills is covered by the Council-adopted Legislative
Program and was therefore acted upon directly by the Legislative
Committee. Letters sent concerning these and other recent bills
are also attached. Additional updates on these and other bills and
on the state budget process will be forwarded as information
becomes available or hearings scheduled.
Maior State Issues
The veterans home bills (SB 1372 and AB 2015) have both passed
their initial policy committees and are pending before their
It
d,,.,
II"..
Legislative Quarterly Report
April 3, 1996, Page 2
respective appropriations committees. The bills are currently
calling for construction of both the Chula Vista and Lancaster
homes (either simultaneously or consecutively, depending on federal
funding). With Council's recent action to provide for non-state
payment of sewer capacity and water district charges, Chula Vista's
place as a priority site has been reinforced.
Both Senator Steve Peace and Assemblyman Steve Baldwin are working
hard on this issue as are City staff, Advocation and the local
veterans community. As the state funding becomes more likely, some
of that focus will shift toward making federal contacts to
facilitate that funding as well.
This year, the City has submitted requests for $740,000 in
Petroleum Violation Escrow Account (PVEA) funds. Although this
request is commensurate with the $750,000 received last year, it is
unlikely that the available balances in this oil company violations
fund will be sufficient to cover all competing requests. The
programs targeted for funding this year are: $500,000 toward the
Hydrogen Fuel Cell bus project, $180,000 for Phase II of the Smart
Community project (implementation based on public workshops), and
$60,000 toward the CO2 Reduction project.
Although all Assembly and Senate members get involved in
prioritizing the district PVEA requests, Assemblywoman Denise
Ducheny will play a larger role this year due to her recent
appointment as Vice-Chair of the Assembly Budget Committee. This
position will also be helpful as the City works to get full payment
from the state for the 1994-95 Redevelopment Agency supplemental
subventions (for which the state underbudgeted last year and still'
owes Chula Vista, among other cities, approximately $243,000).
~ In an effort to push each of these priorities and assure continued
bipartisan efforts in a very partisan year for Sacramento, staff
has arranged individual meetings between the Mayor and our
legislators during this Easter recess. Chuck Cole of Advocation
and a representative from Administration will also be attending
these meetings.
Other State Issues
One of local government's clearest victories in the legislature in
1995 was the defeat of SB 1066, which would have placed significant
restrictions on local taxing authority and school construction
funding. Pushed by the Building Industry Association as a "low-
income housing" measure, this bill would have cost state school
districts at least $12 million per year, with a precedent set which
could have reduced school development fees even further. For local
governments, it would have placed cost limitations on taxes (as AB
1600 did in 1989 for development fees) and placed in jeopardy such
revenue sources as business license taxes, transient occupancy
taxes and utility users taxes. Together, these three revenues
account for approximately lO% of Chula Vista's budget.
A-f./7
12-03-1996 12'19PM FROM LAW OFFICES OF BOB WILSON TO
ii'
;1
16195855612 P.07
RE80L
ATTACHMENT #6
NO.
~
A lU!SOLUTION OF THIi CITY NeIL OF THE CITY OF SQTEEi
APPROPRIATING _100 F~ THe OPERATIONS RESERVE FUNl)
FOR CONTINUATION OF CONSULTANT SERVICES :
BY 1!108 WILSON AS LEGl&LA11VE LOBi!msT
. . W'HERiAS, anAprlI12.1995,lh&CltyofSsrlb:l811pp1'OYe\'l ReaoIution No. 39-95whkoh
authorized the execution of II CClI'lO\lJlant 8enIlces A(lreement with Bob Wil$on to provide
legislative lobbying services an behalf of the City; II'ld
WHEREAS. tne City h8s a veeted interest in ~ 'ti /egi$lative actvCOaq' enflobtlyl/'G
eIbts since each yesr, 1I'IllIlIUls.. InIroduced ~ tie State Legiilllalln whith c;oWd impact
City finlllnCe$ and operations. as welf as other Issues aIfecIIng thS SanlBe CCII1III1I..aiJity; 8nc:I
WHEREAS, over the past year, Bob Wil80rls linn has provided significant MIilIoIatIat
fa !he Cily in preset\Iing II'le status dltanait fi.lncIing 81k.ocat8d towwcI fhe Santee LRT ~
by various St!D ..gGIlIlW, _'n IIlnallt slSflJl P.1la1lll of the Clty-spon8Ol'Gd IeQlslBlian to
prg\ride fcIr racIar speed enforc:8ment B1ang M2mt Souhs... d. and
WHEREAS, !he City desIreS to continue lne c:cnsuIIant selViCeS of Bob Wilson ..
klQi8laliYe lobbyist en bet1llIf of the City of ~, and 10 llppI'OpIidI the necesslllY Nmding far
Ih~~~ '
, .
NOW, THEREFORE, BE IT RESOLVED by the City CounCil cf the City cf ~ that
$40,500 is heretly appmprlated fmm the ~ billanoe qf t/'Ie Operatlcn$ Reserw
FI.I'1<I to tt\8 GcWemmenlal PI.lIpO$tS Ac;c:cunt in the City CounCil Budget,. Acccx.R"lt
010.0401.002120, to beexpellCh.d for lobbying servia=s by Bob Wilson. .
"ASSI!D, APPROVED AND ADOP1J:D by the Cily CQU'1I;jf of the City df santee,
CGiIifomla, atalllgUlarn I ll..lt.......lheldthis_dayOf . 1995, by the
following v<<e, to wit
AYE&.
NOES:
'ABSTAlN:
ABSENT:
APPROVED:
ATTEST:
JACK E. DAlE, MAYOR
RICHI!L THALER, CITY CLI!RK
rav
A-~i
12-03-1996 12;20PM FROM LAW OFFICES OF BOB Wi LSON TO
16195855612 P.08
IREsoLJnoN N. 39-95
. I '
A RESOLUnON OF THE C\1Y COU CIL OF THE CITY OF SANTEE
AUTHORIZING THE EXECUnON A CONSULTANT SERVICES
AGREEMENT WITH BOB wlLSON LEGISLATIVE LOBBYIST, AND
APPROPRIATING FUNDS FROM THE OPERATIONS RESERVE FUND
WHEREAS, the City has a vested interest In legislative advocacy and lobtMng efforts
since there are newly introduced measures q!.rrently under consideration by the State
Legislature which would impact City finances and 1perations, and address. public health, sliifety
and welfare issues; and I :
WHEREAS, the City al~ has a vested int in preserving the status of tralilsit funding
allocated toward the Santee LRT Project by vaM us State agencies; and .
WHEREAS, Bob Wilson is an experienced
firm has indicated an1nterest insel'\ling as legis
recognized Sacramento IClbbfist, and his
tivelobbyist for the City of San~ee; and .
WHEREAS, the City desires to secure the consultant services of Bob! Wilson as
legislative lobbyist to provide target~d\~isletiv1 advocacy sClVices on.key issues.
fOIlOW5~OW, THEREFORE, BE IT RE~OLVED !>Y the City Council of the City of Santee as
:. I. .
1. The City Manager is heret:ly aulhor~ed to execute an Agreement forjconsu!tant
Services with Bob Wilson (attached hereto as "Exhibit AU) on behalf of the City of Sante~..
2. A total of $33,000 is hereby appropri!3ted from the unappropriated bal~mce of the
Operations ReseIve Fund to the Govemmental PUfposes Account in the City CounPil Budget,
Account 010.0401.002120, to be expended for lobbying selVK:eS by Bob Wilson.;
l .
PASSED; APPROVED AND ADOPTED by the City Council of the City! of Saritee,
California, at a regular meetill9thereof held this 12th day of ADril . 1:995, by tl:Ie
following vote, to wit: . . (. ' .
\
AYES:
NOES:
ABSTAIN:
ABSENT:
ElIlR'l'ELL, RCl'lINE, RYl\N, DJ\LE
raa: '. I
lQIE. 1
EIOlfl\RD
ATTEST:
, ,
C. . ~~RJ(
H. RopIlr. cay "1M Cltr af : '
"_, Cailolllill. tlO h8NIIl' certify IIle IlniIoJng 10 be '
'.wund_ClCIpyafRESO 39-95' lIulyp8$8lld8lld
_pled by 11\8 cay Counc:lI of AIll Cl\y 11ft lhe lIate .:
CITY CLERKFGfeon recIlell. .
~-:r:
II. IF-'
12-03-1996 12:20PM FROM LAW OFFICES OF BOB LSON TO
16195855612 P.09
"EDIIBIT "
llESO 39-9~
AGREEMENT FOR CONS L TANT SERVICES
BElWEEN THE CITY OF SA EE AND BOB WILSON
, ;
THIS AGREEMENT FOR CONSULTANT SERVICES is made by and between ~e CITY;
OF SANTEE ("CITY"), and BOB WilSON. Att rney-at-Law. a Professional Corporation:
("CONSULTANT"). with reference to the fo1tow ng facts: .
WHEREAS. City desires to retain the
lobbying firm to provide targeted legislative a
the City of Santee; and
ervices of an experienced and iqualifled
cy services on key issues concerning
WHEREAS,ConsultanfhSsiexteniweerience in this field, and is rE!ady and.
willing to provide the services specifie? pur~u~t to the provisions of this Agreement.
NOW, THEREFORE. it Is mutually agreed as fpllows:
SeODe of SeMces. When and as direC,ted by City, Consultant shall pr~vide the
following services: ,t : .
. 1. The firm shall legislatively track by daily computer readouts thos9 bills the:
City of Santee has requested be followed.
. . 'y
2. The firm shall be designated and ~uthorized by the City of Santee lto act ~s
an official representative with 'Ithe California Legislature and various.
governmental agencies, and persons involved in governmental affai('S
affecting the City of Santee. I . .
3. The film shall at all times perform duties customarily performed by I~glslati~~
advocates and goverrmental affaits representatives on behalf of tIjle City of>
Santee to the best of its abilities. experience and talent.
4. Perform other leglslatlve lobbying Services as may be requested by the City
Manager.
Method and time.o1 Perfonnance. Consultant shall perform the various services
described herein only as and when requested by City and within a time schedule as
mutually agreed upon by the parties to the Agreement. :.
~9
/l ".0.
.",...~{..
, -'"
12-03-1996 12:21PM FROM LAW OFFICES OF BOB WILSON TO
16195855612 P.10
AGREEMENT FOR CONSULTANT SERVICES
CITY OF SANTEE I BOB WILSON
, Page II
RE$O 39-95
COITII)8nsation and Method of Payment. City agrees to pay and Consultant agrees to
acCept compensation according to the following terms and conditions: '
.1.
2.
An annual retainer fee of $30,000 shall be provided to Cons~ltant a\;.
payment for services~. ndered pursuent to this agreement. : : .
Consultant shall also reimbursed for expenses incurred on behalf of City
at an amount not to eJCi d $3.000 per year. '
I
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Consultant shall submit en invoicl, to the City for the annual retainer fee, an~ .
provide periodic invoices to the 'C\Y for any incurred expenses for thl:lt period.
Upon approval of the services performed and the invoice statement, CIty.
shall pay Consultant in accordance with such invoice.
3.
4.
ConsUltant sl1all, at its SOhn:lOsLand expense, furnish all facili~ies and'
equipment which may be required for furnishing services pUfSuemt to thts
Agreement
, ,
General Provisions. The general provisions of this Agreement are attached heret\:)
as "Exhibit A".. and are incorporated herein by this reference.
Abandorvnent or Termination Qf Contract Upon abandonment of the project by
City, and written notification to Consultant, this Agreement shall terminate. Consun;ant shall
be entitled to the compensation earned by it prior to the date of termination, computed pro
rata up to and inoluding the date of termination. This Agreement may also be terminated
by either party upon thirty (30) days' written notice to the other; with cancellation effective
on the thirtieth day of said notice with no further action by either party.
EXECUTED at Santee, californIa on this
day of
,1995.:
CITY OF SANTEE
BY~{)"/ ;/& otJ..{
Ronald L Ballard, City Manager
BOB WILSON, ATTORNEY-AT-LAW
A Professional Corporation
~rrw~
8)' sa Wilson
~C\
A-51
12-03-1996 12:22PM FROM LAW OFFICES OF BOB WILSON TO
16195855612 P.11
RESO 39-95
EXHIBIT A
GENERAL PROVISIONS
: 1. Indeoendent Contractor. At all times during the term 01' this Agreement.
consultant shall be an independent contractor, and shall not be deemed to be an ~mploYE!6'
of City. Consultant shall have no authority, express or implied, 'to act on behalf Of City In
any capacity whatsoever as an agent, except as City may speCifically provide i~ writing.
Consult:ant shall have no authority, express or Implied, pursuant to this Agreemerilt to bind
City to any obligation whatsoever.
2. Assionablrlty. Consultant shall not assign, delegate, or transfer this AQreeme~
or ariy work hereunder, nor assign any monies due or to become due hereunder except as
expressly stat$d herein. A oonsent to one assignment shall not be deemed to be consent
to ariy subsequent assignment.
!'7~')[:"! l_:~:; f-':'~,:'T('~:C; ~:-t:: F'JB :,:r'..~:~'-'
3. Conflict of Interest Consultant hereby expressly covenants that no interest
presently exists, nor shall any Interest, direct or indirect, be acquired which woull;f conflict
In any manner with the performance of , services pursuant to this Agreement '
4. Hold Hannless. Consultant agrees to protect, defend, indemnify ~nd hoid
hannless City,. its officers and employees from any and all liability, damages, claims, suits,
liens and judgments, Qf.whatever nature, including injury to any person, ariSing from
negligent performance or failure to perform obligations of this Agreement caused by
ConSultant, its agents or employees. :
: 5. OwnetshiQ and Use CfWork. All documents and mateMals prepared pursuant
to this Agreement shan be cons.idered ~he property of City, and will be turned over to City
upon demand, but In any event upon oompletion of the project City reserves the right to.
publish, disclose, distribute arid otherwise use, In whole or in part, any reports, data or
other materials prepared under this Agreement.
6. Findings Confidential. Any reports, infonnation, data or materials given to or
prepared or assembled by Consultant under this Agreement which City requests to be kept.
as confidential'shall not Pe made available to any individual or organization by Ccinsultant
without prior written approval of City.
. 7, Amendments. This Agreement sets forth the entire understanding of the partie~
with respect to the ~ubject matter herein. There are no other agreements, expr~ssed or.
Implied, oral or wrilteh, except as set forth herein. This Agreement may only be amended'
upon written mutual consent of both parties hereto.
p~lD
A -sJ-
12-03-1996 12:22PM FROM LAW OFFICES OF BOB ~ILSON TO
I
i
16195855612 P.12
AGREEl\fEl'o'T
BETWEEN BOB WlLSON Mo.'D
THE CI1Y OF NATIONAL CITY
I
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· This Agreement is made and entered into this 18th day of July, jl995, by
and between the City of ~ational City ,a ~uniclpal corporation, and Bob! Wibojn;
Anomey at Law, a ProfeSSIonal Law Corporation. ; i
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A. . The City ~f National City wishes to engage the servicek of ~b
Wilson. Attorney at Law, a Professional Law Corporation (hereinafter refcrreciJ to as ~e
finn), 1725 Capitol Avenue, Sacramento, California 95814 to provide sefvice.s in
legislative advocacy and governmental affairsjin matters affecting the City oflNationlal
C;:~:::arr~1 CO~7~~ ~~I3<?'~Tv,.:i1~.o~ ~~t9r~,adie Deddeh, Betty Klein ~nd a1li~
, I
I ; .
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B. The purpose of this' Agreement is to state the terms and cbnditio~
under which the finn will provide services to !he client, the City of Narlcna1 ~ity. ;
. i .
NOW, TIiEREFORE, ill consideration of the mutual benefit to tJ dcrivdd'
therefrOm, the parties hereby agree as follows; ! !
,
, ,
I ~. ,'IJ:1e firm shall review all legislative bills which are introduded in tHe,
California Legislature;',that pertain to the City of National City and forward th~m to tJ1e
client for review. Said review shall include the following components: .! : .
, ,
!
RECITALS
I.
b.
Number of theJegislative bill
.Description of the proposed legislation
VI'hat the ICiislation would do ,
. How the legislation would affect the City of Nation3.J. City
. . . I
The finn's recommendations. I
,
c.,
.d:
e:
2, The City of National City shall notify the finn of theirl dcsir~;
positioin to be tilken on legislation.
. 3; The firm shall legislatively track by daily computer readouts ~n tho* :
bills the City of National City requests be followed. i !
, ,
4. The firm shall notify the City of National City reiarding ireleva~t:
irant opportunities. . ; i :
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12-03-1996 12:23PM
FROM LAW OFFICES OF Bqa WILSON TO
!.
16195855612
P.13
"
. 5. The firm shall be deSi~liated amfauth~ by the City ofNationaJ
City to act as- an official representative !'th the California Legislature a~ varioUs,
govenilmental aiencle:s, and persons involv in governmental affairs affecting the City~
, : '
6~ The finn shall at all tirries perform duties CUStomarily pcrl"Qrmed bY'
. legislative advQCates and governmental affairs representatives on behalf of National City.
to the best of his abilities, experience and talent. .
7.. The City of National City shall pay the firm $40.000.00 anbually ill'
themo.nthIy sum of $3333.33. payable in advance of the first day of each month. lbis'
fee will cover all eltpenses incurred by the finn in representins the City of NatiOnal CitY
includi.1lg but not limited to telephone, postage. copying. biD tracking costs and travel.
. 8.:. The: term of this A~nt $hall commence an July I, 19,95. ~ .
shall continue in fun force and effect to Jund30. 1996... The City ofNatianal City shall
have the optian to. ~ t,/1i$ Agreement for a'second year. from July I, 1996! to. J~
30, .1997. en the same tenns and.conditions as set farth herein.
9.
This Agreement shall be governed by the laws af the State of
California.
IN WTINESs WliEREOF the!parties have caused this Agreeme~t to ~ .
executed as folloW$~ ., .
Dated; 0" ~O "'7 J'1'7..5
.'
BOB wn.sON
!~ BY;~b"'4.-..
, . OB WILSON
,
I
Dated; July 18, 1995
~ THE CITY OF NATIONAL crfy
By:
lot.. . ~ f..L. (, J...~~... . .
GE"bRG . WATERS; MAYOR:
[
fD'2
2
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II - J; /
12-03-1996 12:24PM FROM LAW OFFICES OF BOB WILSON TO
16195855612 P.14
RESOLUTION OF CITY COVNCll.
OF THE CITY 0 ,NATIONAL CITY
AU'i'BOllIZJNG AN ..' ON OF THE
AGREEMENT BETWEEN BOB WILSON AND
TBE CITY OF N~TIONAL CITY
96-94
WHEREAs, the City of National City hu e.Dtend into an Agreement to
cassSe the setjric.es of Bob W1lson, Attorney at Law, a ProfessbJa1 Law Corporation.'
to prOvide SCMces in leaislatlve advocacy and govenunentaI affajn in mattea affectirJa;
the City of National City; and
. .
WHEREAS, laid Agreement expires on JUDe 30,1996, with the Ci1;yhaving'
the option to ei.:te.a! the Ap:lement on the same terms'and conditionaas set forth in ~
origin!ll A~ntJ~,a ~04,Qf9;~.)'~.
NOW, 'I'BEREFORE, BE IT RESOLVED by the City Council of the CitY.
of Naii,onal City that the City Council does F'eby authorize a one-ycar exteDSion of ~ :
Agreement betWeen Bob Wllson, Attorney at Law, a Professional CU1Jiw.ation and the
CitY of National City.,! " .
'r.\!
PASSED and ADOFI'ED ~.$tI1. day of JUDO, 1996.
EN}
r~rl
..J -
/-, . ~ . ~..... /.1 ,~.;-,.
.~orge H. W ters, Mayor .
ryat
..,.... ~
, !
; .
ATI'EST:
..~
.'1 : '.
J. .
~.L .b
~ Anne P~, Ci Clerk
. ,
APPRQVED ArS TO FORM:
~~,,;~
George H. Eisc:r, ill
CityA~
~1~
A.55
12-03-1996 12:24PM FROM LAW OFFICES OF B 'B WILSON TO
16195855612 P.15
Passed and adoPted by the Council of the City fNational City, California, on June 18,1996 by:
the following v~te, to-wit: I . . . .
Ayes; .
Council Members Beauchamp, lo2.unza. Morrison, Zarate, Waters.
lItone.
Nays:
Absent:
None.
Abstaih:
None.
,
I
AU'I'HENTICAlED BY:
:-::'(:'~ !_':' - - :"'=, ::~-'--: (-':- ':n2
.. GEORGEH WATERS i
Mayor of the City ofNarlonaI City,Ca!ifilrnJa
LORI ANNR PEOPT.R"l . .
City Cietl< of the City ofNatiOl1el City, Cillifonlill :
By:
Deputy
I liEREBY CERTIFY that the above and foregoing is a full, 1roe and correct. topy of :
RESOLUTION NO. 96-94 of the City of National City, Califom.la, passed and adopted. by the
Council of said City on June 18, 1996.
By:
Deputy
Pal~
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f i '":_/1'
12-03-1996 12:25PM FROM LAW OFFICES OF BOB WILSON TO
16195855612 P.16
AGRBBMENT BETWEEN
SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND
BOB wnsON, ATTO!NEY AT LAW
A PROFESSIONAL LAW CORPORATION
THIS AGREEMENT, ~ed into effective 1he 1st day of December 1995,; between .
San Diego Ass9ciatiOD of Governments (hereinafter called SANDAG) and BOB WusO~~ .
Attorney at Law, A Professional Law Corporation (heIeinafter called BOB wn.sON).
WITNESSETH:
~,.SAl'WAGj~-iD:need;Oftbe pwtessioDal services of BOB WII.iSON, tQ .
serve as a legislative repl'~... ..!.llive of uSANDAG concerning roathl1'l coming Wore ~ :
California StateiLegislatuIe, Governor's Office and CaUfomia StateAgencles. .
NOW THEREFORE; tbe parties to this Agreement do mutually agxee as fonows:' .
I.
Responsibilities!>! BOB wn.sON
During 1he term. of this Agreement, BOB wn.sON shall;
1." Serve as $e legislative ~ve of SANDAG to the California State Leaislature; .
Governor's Office and California State Agencies to present infnnn..lion to aid ttreJ passagci .
cif legislatiQD wbich SANDAO deems beneficial to SANDAG or to pIeVeDt the ptissage of :
legisIalionwhich SANDAG deems detrimental to SANDAG.
2. File, during the term. of this Agreement, the quarterly Reports of Lobbyist EmploYer wnn :
tne Secretl\Iy of State's Office as required by the Fair Political Practices CommiWon. :
n.
SANPAG agrees to pay BOB WILSON the sum of $33,681.37 for services J;eIldered :
during ~ perlo<1 of Decembec I, 1995 tbrough December 1, 1996, said sum sbal1 be' payable
in adVlince in niontbly iDsta1lments of $2,806.78. Said payment shall be payable in 8dvance
comme,ncing DeCember 1,1995.
In a4dition, SANDAG sha1l reimburse BOB wn.sON for the cost of anY travel,;
hotel aDd other iexpenses directly relaled to a request by SANDAG for BOB Wll.SON to
_mil~d'_dEe' or'l ,
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12-03-1996 12;26PM FROM LAW OFFICES OF BOB WILSON TO
16195855612 P.1?
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Ieimbw:se BOB WILsoN for tile cost of postage, photocopying and other oxpenses n/1a1ed to
BOB ~ON'S: ~.......tion of SANDAG. Further, SANDAG sball1'w:nish BOB ~ON' .
with a relPpJvmpi credit card for tile teml of Ibis All1"""'...... The totaI ~ for all:
such cdsts and ~1ISell set out in this paragrapI1 sballln DO event exceed $2,OOOdul'iDg ~ term .
of this contrlIct. : !
,
. .
SANPAG heIcby acknowledges lbat BOB WILSON represents other c1Ients In: .
ad4ition to SANDAG. In the UIJ1ikely oveut tbat a OOl:IfIiet of interest sball develop betwOll11. .
SANDAG and ahotb:c cIieD1 of BOB WR.SON's, BOB WILSON sIiall notify SAND.t\G and; !
exjllaJnthe natute and enem of tile cooflict. SbouId it be d""'tTlllnecJ by SANDAG tbat a ,
conflict of ~ exi5ls, BOB WIT.SON 8Dd SANDAG shall promptly negotiate a reklution '
of such conflict. i Such resolution sba1l be prepared in writing and signed by both SAND~G and: :
BOB WILSON. . I
. i
. ' SAN1>AG may at any time retmina1e this Agre<-mNIt by giving thirty:!r3 ~ days: .
I . ,
written. notice of temliDatioo. If BOB WIT.SON fails to meet his obliptions this :
Agreement. SA$lA<Fsha.ll itIieri:bP/:llibave flie d!hl:to teJmin~re this Agreement. , given; .
written.notice to BOB WILSON, specifying the xeasoDS 8Dd effective date of ;;....i""~at least :
five (5) days before auch date. Upon termination, BOB wn.sON will be paid for ~s' .
perfmmed to the; date of termination. I
: . ,. , I .
. . . IN 'WITNESS WHEREoF, the~ bl!.ve eucuted this Agreementeffeeti~on the: I
date first above ~tteo. . . . . 1 : ;
BOB wn.sON, ~ a,t Law
A l"romsional 4w Corpotation
~' ',.
abM'
. WILsON, ~
I
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i,
Dated: 14.-. 5
tf
1'1~,
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SAN
. D~
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DalAld~ ~ IffS-1
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~'.DGR
2
It ,67/
12-03-1996 12:26PM FROM LAW OFFICES OF BOB WILSON TO
16195855612 P.18
AGREEMENT
BEtwEEN BOB WILSON AND 'IHE CITY OF POWAY
, The $ty of Poway wishes to engage the services of Bob Wilson,
Attorney at!Law, A Professional Law Corporation, 1725 Capitol Avenue, .
Sacramento) California 95814, to provide services in legislative advocacy and
. go",emment\a1 affairs in matters affecting cities in California.
The purpose of this .Agreement is to state the Wnns and oonditions
under which Bob Wilson wlll provide services to the client, the City of
Poway.
:'l'hei te1'm$ aP.d oonditio1\S of this Agreement are as follows;
:__ '::' F r~:"".:' ':~:'S r:-.t: !:'~,l? F ,., '_
1. i Bob Wilson shall review all legislative bills which are
: introduced in the California Legislature that pertain to cities and
forward them to the client for review. Said review shall ind~de
. the following components: :
,a.
t.
:h
it'.
d.
.e.
Number of the legislative bill .
Description of the proposed legislation
What the legislation would do
How. the legislation would affect the City
Bob Wilson's recommendatio1\S
2. :. The City shlill ~tiiy Bob Wilson of their desired po6ition to be
talcen on legislation.
3. ! Bob Wilson shall assist the City in securing grant funds from'
I .
! various state agenoes.
4. ! Bob Wilson shalllegis.latively track by daily computer readouts
i tho6e bills the City requested be foUowed_
: 5. iBob Wilson shall be designated and authorized by the City to act
: as an official representative with the California State Legislature
land various governmental agencies,indudlng th" Fish and
t ~J"l-
A;5j
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! :
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12-03-1996 12:27PM FROM LAW OFFICES OF BOB WILSON TO
16195855612 P.19
i
Game CoImI1:l8sion, and IpeISOIl8 involved in governmental
affahs affecting the City. .
6.
. &b Wilson shall at a.ll times perform duties customaiiIy
. performed by legislative advocates and governmental affairs
representatives on behalf of the City to the best of his abilities,
: experience and talents.
. ,
7. . The City shall pay to Bob Wilson the monthly sum of $ 1250.00,
: payable in advance.
8. ; The City shall furnish Bob Wilson with a telephone o:edit ca;rd I
:,fur.~~. (),(~",a~~t. ,..~.
- 9. The City shall reimburse Bob Wilson for any travel and other
; expenses directly related toa request by the City for Bob Wilson
. to particlpate in any meetings or activities outside the City of
; Sacramento.
10. The term of this Agreement shall commence on June 15, 1996
, and shall contmue'in full force and effect until June 30, 1997,.
, unless earlier tenninated by thirty (30) days written notice from
; either party.
11. : If any action at law or inequity is necessary to enforce or
; lnterpretthe terms of this Agreement, the prevailing party sha.ll
. be entitled to reasonable attorney's fees, costs, and necessary .
. disbursements in addition: to any other relief to which such party
; may be entitled. I
12.
: This Agreement shall be glJvemed by the laws of the State of
. CaIHomla. It constitutes tI]e entire agreement between pames
. regarding its subject by anX, court to be invalid, void, or
: unenforceable, the remaining provisions shall nevertheless .
: continue in full force.
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12-03-1996 12:28PM FROM LAW OFFICES OF BOB WILSON TO
16195855612 P.20
13.
Bob Wilson represents and agrees that at all times while 1hiS
Agreement is in effect he $hall be duly licensed to perform the
services described herein and. shall comply in all respects with
the laws of the State of California concerning lobbyists, incl~
but not limited, In the Political'Reform Act of 1974.
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i . 14. Any notice required to be given hereunder shall be deemed to
have been .given by depositing said notice in theUiuted Stares
mail in an envelope therein with the proper amount of postage
thereon, addressed as foUows:
. TO CITY:
TO BOB Wll.SON:
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. JAo/1ES BOWERs0x, CityManagezr-y
CIo/ of Poway
P.O. Box 789
Po~y,CA:92074
BOB WIlSON, Attomey at Law
1725 Capitol Avenue '
saaamento, CA 95814
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: . IN WllNESS WHEREOF the parties hereto have caused this
Asj.eealent!to be executed as follows; .
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D~TEDt+_i
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1996
BOB WILSON
BY:_ ~AL~ '\
BOB~~N' . '
. DATED:~_____, 1996
THE CITY OF POWAY
BY:________________~___
JAMES BOWERSOX '
City Manager, City of .Poway
A TTEST: I
MARJORIEw:AHLsiliN-'---
City Clerk, City of Poway
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TOTAL P.20
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MAR 24 '95 15:137
CITY EL CAJON
177 P01
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RESOLUTION NO. 356-91
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RESOLt1'rION APPROVING AGREEMEN'r BETWEEN
BOB WILSON AND THE CITY OF EL CAJON FOR
SERVICES IN LEGISLATIVE ADVOCACY AND
GOVERNMENTAL AFFAIRS FOR FISCAL YEAR
1991-1992.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON
. .;AS - FOLLOWS: .
"
. ': . The city Counoil hereby approves the Agreement between Bob
Wilson and the City of El cajon, attached hereto and made a part
,hereof by this reference, for services to be provided by Wilson
:i in legislative advocacy and governmental affaire in matters
',affeoting oiti8S in california for the fiscal year 1991-1992, in
acoordance with the terms and conditions set out inn said
::Aqreement.
. The Mayor and city clerk are authorized and direoted to
.':exeoute said Agreement on behalf of the City of Ell ~jon.
" PASSED AND ADOPTED by the City Counoil of the City of El
'Cajon, california, a regular ~etinl1 held th1a 3rei day of
septe1llber, 1991, by the fOllo~in9 vote to witl
AYES : Hanson, LeWis, Hiller, Stookwell, Shoemaker
NOES : None
:,.~ ABSENT I None
ABSTAIN I Non.
,ATTEST:
. JOAN SHOEMAKER
Mayor of the City of El Cajon
MARI:LYHN Ll:NN . CMe
City Clerk .
::x hel:'8J:)y certify that the ebove. and foregoinl1 is a full and true
copy of a.solution No. 356-91 of the Resolutions of the City of
El Cajon, Calitornia, as adopted by the City Council of said city
lion the 3rei day of Bept81llber, 19.91.
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City Clerk
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MAR 24 '95 15: 08
CITY EL CAJON
177 P02
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'-' (NOTE: El Cajon has been
served by Bob Wilson With1ut
a contract since this one
expired in 1992.)
t
AGREEMENT
BETWEEN BOB WILSON
AND THE CITY OF EL CAJON
The City of El Cajon wishes to engage the services of BOB WILSON, Attorney
at Law, A Professional law Corporation, 1725 Capitol Avenue, Sacramento,
California 95814, to provide services in legislative advocacy and governmental
affairs in matters affecting cities in California.
The purpose of this Agreement is to state the terms and conditions under
which BOB WILSON will provide services' to the client, the CITY OF EL CAJON.
The terms and conditions of this Agreement are as follows:
1. Bob Wilson shall review only those legi$lative bills which are not
reviewed by the League of California Cities in their Legislative
Bulletin. Said review shall include the following components:
A. Number of the legislative bill
b. Description of the proposed legislation
c. What the legislation would do
d. How the legislation would affect the City
e. Bob Wilson's recommendations
2. 'The City shall analyze the legislative reviews sent to them by Bob
Wilson and inform Bob Wilson of the City's position.
3. Bob Wilson shall assist the City in securing grant funds from various
state agencies.
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MAR 24 '95 15:09
CITY EL CAJON
177 P03
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4.
Bob Wilson shall legislatively track by daily computer readouts those
bills requested to do so by the City.
5. Bob Wilson shall be designated and authorized by the City to act as an
official representative with the California State Legislature and various
governmental agencies, commission, and persons involved in
governmental affairs affecting the City.
6. Bob Wilson shall at all times perform duties customarily performed by
legislative advocates and governmental affairs representatives in
behalf of the City to the best of hls abilities, experience and talents.
7. The City shall pay to Bob Wilson the monthly sum of $2,083.33, payable
in advance.
8. The City shall furnish Bob Wilson with a telephone credit card for the
term of this agreement.
9. The city shall reimburse Bob Wilson for the cost of subscribing to the
League of Calliornia Cities' newsletter, reimburse Bob Wilson for the
cost of postage associated with the mailing of legislative reviews to the
City, and reimburse Bob Wilson for the pro-rata cost to track by
computer bills affecting the City. :
10. The City shall reimburse Bob Wilson for any travel and other expenses
directly related to a request by the City for Bob Wilson to participate in
any meetings or activities outside the City of Sacramento.
11. The term of this Agreement shall oommence on July 1, 1991, and shall
continue in full force and effect until terminated by thirty (30) days
written notice and in no event shall this agreement be terminated
before June 30, 1992.
A.(pt/
MAR 24 '95 15:09
CITY EL CAJON
177 P04
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12. If any action at law or in equity is necessary to enforce or interpret the
terms of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, costs, and necessary disbursements in
addition to any other relief to which such party may be entitled.
13. This Agreement shall be governed by the laws of the State of
California. It constitutes the entire agreement between parties
regarding Its subject by any court to be invalid, void, or unenforceable,
the remaining provisions shall nevertheless continue in full force.
14. Any notice required to be given hereunder shall be deemed to have
been given be depositing said notice In the United States mail in an
envelope therein with the proper amount of postage thereon,
addressed as follows:
TO CITY: TO BOB WlLSON:
CITY CLERK
CITY OF EL CAJON
200 East Main Street
E1 Cajon, California 92020
BOB WILSON, Attorney at Law
1725 Capitol Avenue
Sa.cramento, California 95814
, IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
executed as follows:
DATED: ~'Q ~!
.1991
BOB WaSON .
BY: ~~~ "-- ,,-
o WILSON
TIlE CITY OFEL
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DATED: 9-lj
.1991
or, City of m Cajon
ATIEST
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