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HomeMy WebLinkAbout1994/09/20 Agenda Packet "I dec1are un1er penalty of perjury thet I am C~::;: '-:'0: b~' the City of Chu!a Vista in the C.oce 01 ~~e Gity Clerk and that I posted this Agenda/Notice on the Bulletin Board at Tuesday, September 20, 1994 the Publ~ gervic;,es )3uildin] and at C~it Hal. on C 'I Ch be nf.,TED. ",,71/_ 1St. " , ' . I -, ,0unCl am, rs 600 OJ . / //v ,. 1 SIGNED <-, .Ie. ~.,~.. Pubhc Services BUlldmg : p.m. I / L- / Rewlar Meeting of the Citv of Chula Vista Cltv'Council CALL TO ORDER Councilmembers Fox _, Horton _, Moore _, Rindone _, and Mayor Nader _' 1. ROLL CALL: 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: September 6, 1994 (Special Joint Meeting of the City CouncillRedevelopmentAgency) and September 13, 1994 (City Council Meeting). 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Viviane Marquez. Resource Conservation Commission. b. Sunset Film Festival: Report by Producer Andy Friedenberg on this year's festival which featured two nights in Chula Vista. c. Proclaiming Saturday, September 24, 1994, as COASTAL CLEANUP DAY. The proclamation will be presented by Mayor Nader to Dr. Stephen Neudecker, Executive Director of the Chula Vista N alure Center. ***** Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now reconvene into open session to report any final actions taken in closed session and to a4joum the meeting. Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However, final actions reported will be recorded in the minutes which will be available in the City Clerk's Office. ***** CONSENT CALENDAR (Items 5 through 12) The staff recommendations regarding the follOWing items listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these iJems, please fill out a "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNICATIONS: a. Letter requesting contribution of four used police cars for the City of Tijuana. Sergio Lujan, P. O. Box 432154, San Ysidro, CA 92143. It is recommended that staff be directed to communicate with representatives from the City of Tijuana regarding the request and to negotiate the transfer of any or all of the four vehicles in exchange for not less than fifty percent of the average estimated salvage value indicated previously for each vehicle. Agenda -2- September 20, 1994 b. Letter requesting "Conference with Labor Negotiators" be agendized under Public Hearings on the City Council agenda. Joseph W. Garcia, The People's Lobby, 484 Fifth Avenue, Chula Vista, CA 91910. It is recommended that Council receive and file the letter. c. Letter requesting use of space vacated by the Downtown Business Association for a work area for the Chula Vista Heritage Museum. Frank M. Roseman, Museum Manager, Chula Vista Heritage Museum, 360 Third Avenue, Chula Vista. CA 91910. It is recommended that this request be referred to the Library and Community Development staff to discuss the Museum and Downtown Business Association representatives and return to Council with a recommendation. d. Letter requesting authorization to place art feature on East Orange Avenue right-of-way. Michael Schnorr, 730 First Avenue, Chula Vista, CA 91910. It is recommended that staff be directed to issue a temporary encroachment permit for this art feature. 6. ORDINANCE 2604 AMENDING ORDINANCE NUMBER 2251, AS AMENDED, TO PROVIDE FOR A PROCEDURE FOR REDUCTION AND/OR DEFERRAL OF THE TRANSPORTATION DIF FOR SHORT TERM, INTERIM F AClLITY USERS (second readinl! and adoDtion\ - At the 9/6/94 Council Meeting, Council directed staff to prepare a policy for the deferral of Transportation DIF and other capital-type fees for interim uses where the life of the capital facility is expected to be substantially longer than the enjoyment of that facility would allow by the natural life expectancy of the payor. The resolution proposes such a policy and approves a deferral agreement with Bonita Country Day School pursuant to said policy. Staff recommends Council place the ordinance on second reading and adoption. (Director of Public Works) 7. RESOLUTION 17660 ACCEPTING BIDS AND AWARDING CONTRACT FOR LANDSCAPE MAINTENANCE OF MEDIANS - Maintenance of the landscaped medians was approved in the Fiscal Year 1994/95 budget for contract to private landscape contractors and funded by Gas Tax Revenue. There are twelve medians and approximately 200,000 square feet of landscaped medians to be maintained. Staff recommends approval of the resolution. (Director of Finance and Director of Parks and Recreation) 8. RESOLUTION 17661 AMENDING THE YOUTH AT RISK PROJECT AWARD FROM THE UNIVERSITY OF CALIFORNIA; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO SIGN THE AMENDMENT TO THE AGREEMENT WITH THE REGENTS OF THE UNIVERSITY OF CALIFORNIA - On 7/1192, the 4-H began a Latchkey Program at Lauderbach Community Center. The 4-H organization is a subsidiary of the University of California Extension Service. The 4-H receives funding, through the University of California, from the United States Department of Agriculture (USDA). In January of 1993, the 4-H requested that the City act as a subcontractor to expand youth at risk programs. The 4-H has received several large grants in the last two years, of which $23,426 has been allocated for each year of the subcontract with the City. To continue to receive funds for the 4-H program, the City must amend its present agreement with the University of California for each year the program receives funds. Staff recommends approval of the resolution. (Director of Parks and Recreation) Agenda -3- September 20, 1994 9. RESOLUTION 17662 ACCEYfING A TECHNICAL ASSISTANCE GRANT FROM THE CALIFORNIA HEALTHY CITIES PROJECT AND APPROPRIATING GRANT FUNDS IN THE AMOUNT OF $4,250 TO IMPLEMENT THE CITY'S YOUTH NEWSPAPER PROJECT - On 6/14/94, staff presented a proposal in which the City would apply to join the California Healthy Cities Project for Fiscal Year 1994/95. Accompanying the application was a grant request of $5,000 to help implement the proposed project: production of a youth newspaper. On 7/1194, the Department was informed that its application and project proposal had been accepted. A technical assistance grant of $4,250 was approved to implement the City's first-year project. Staff recommends approval of the resolution. (Director of Parks and Recreation) 4/Sth's vote required. 10. RESOLUTION 17663 ACCEYfING BID AND AWARDING CONTRACT FOR THE "BICYCLE/JOGGING TRAIL AT SWEETW ATERROAD AND WILLOW STREET IN THE CITY, PR-153 (ISTEA PROJECT NUMBER STPLE- 5203-002) - Sealed bids were received on 8/3/94 for the Bicycle/Jogging Trail at Sweetwater Road and Willow Street. The work to be done involves the construction of a pedestrianlbicycle trail and path along Sweetwater Road and Willow Street across the golf course and over the Sweetwater River. Staff recommends approval of the resolution. (Director of Public Works and Director of Parks and Recreation) 11. RESOLUTION 17664 AUTHORIZING A CHANGE ORDER WITH GRANITE CONSTRUCTION FOR INSTALLATION OF STORM DRAIN FACILITIES IN OTAY VALLEY ROAD IN CONJUNCTION WITH DEVELOPMENT OF THE GIRARD FINANCIAL PARCEL ON OTAY VALLEY ROAD, AND APPROPRIATING FUNDS THEREFOR - Girard Financial owns a 3.3 acre site on Otay Valley Road. The road is currently being widened by Granite Construction Company under Assessment District 90- 2. In order to develop the Girard property, certain storm drain improvements within the road right-of-way are required. It is in the best interest of all parties to have Granite Construction install the drainage improvements as part of their work on Otay Valley Road. Girard will reimburse the City the full cost of the work. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. 12. REPORT STRIPING CHANGES ON OTAY VALLEY ROAD - When preparing the plans for Otay Valley Road, Council reviewed the median proposal and, after a public hearing, instructed staff to eliminate the median island from the freeway to Oleander Avenue in front of the Shell Station and Davies Truck Storage Yard. Because the project was doing work within Caltrans' right-of-way, a permit was needed from Caltrans. As part of the permit, Caltrans required striping changes that affected the above section of roadway and property owners. Staff has negotiated with Caltrans and the property owners and reached a mutually acceptable conclusion. Staff recommends Council accept the report and authorize staff to implement the raised median alternatives. (Director of Public Works) * * END OF CONSENT CALENDAR * * Agenda -4- September 20, 1994 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posled as public hearings as required by law. If you wish 10 speak 10 any item, please fill oullhe "Request to Speak Form" available in the lIJbby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the stqff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual. None submitted. ORAL COMMUNICATIONS This is an opportunity for Ihe general public to address the City CouncU on any subject matter within the CouncU's jurisdiction that is not an item on Ihis agenda for public discussion. (State law, however, generally prohibits the City Council from laking action on any issues nol included on Ihe posled agenda.) 1/ you wish to address Ihe Council on such a subjecl, please complele Ihe yellow "Requesllo Speak Under Oral Communications Form" available in Ihe lobby and submit it 10 Ihe City Clerk prior 10 Ihe meeting. Those who wish 10 speak, please give your name and address for record purposes and follow up action. Your lime is limiled 10 Ihree minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the lime Ihe City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions and/or Commillees. None submitted. ACTION ITEMS The items listed in this section oflhe agenda are expected to elicit substantial discussions and deliberations by the Council, staff, or members of Ihe general public. The items will be considered individually by the Council and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" form available in Ihe lIJbby and submit it to the City Clerk prior to the meeting. Public commenls are limited 10 five minules. 13. RESOLUTION 17651 APPROVING THE BUSINESS EXPANSION INCENTIVE POLICY - On 6/7/94, Council approved a City policy to provide an incentive for business expansion by targeting businesses "likely" to grow and making personal contact to inform them of potential City assistance. Staff recommends approval of the resolution. (Director of Community Development) Continued from the meeting of 9/13/94. 14. RESOLUTION 17654 EXTENDING AND AMENDING THE SERVICE PROVIDER AGREEMENT WITH THE YMCA; AND EXTENDING THE SERVICE PROVIDER AGREEMENT WITH THE BOYS AND GIRLS CLUB, TO PROVIDE YOUTH PROGRAMMING SERVICES FOR FISCAL YEAR 1994/95 - When Council adopted the Fiscal Year 1994/95 budget, it included provisions to fund the Youth ACTION Program at a level of $75,820 through the General Fund. Of the total, $19,010 is designated for the Junior High Outreach component, coordinated by the YMCA of San Diego County South Bay Branch, and $14,287 is designated for the Late Night component, coordinated by the Boys and Girls Club of Chula Vista. The remaining funds are utilized by the Department to administer the High School Happenings Program, special events, and transportation. The original Service Provider Agreements approved by Council on 9/14/93 with the South Bay Family YMCA and the Boys and Girls Club of Chula Vista were for a 12-month period beginning 9/15/93 and ending 9/14/94. Staff recommends approval of the resolution. (Director of Parks and Recreation) Continued from the meeting of 9/13/94. Agenda -5- September 20, 1994 15. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given by staff. 16. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given by staff. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. Public comments are limited to five minutes per individual. OTHER BUSINESS 17. CITY MANAGER'S REPORTIS) a. Scheduling of meetings. 18. MAYOR'S REPORT IS) a. Site for Kids Biz Program - discussion and possihle direction. Continued from the meeting of 9/13/94. b. Announcement of closed session decisions. Continued from the meeting of 9/13/94. c. Designation of Voting Delegate for League Annual Conference. d. Ratification of appointments: Child eare Commission Ex-Officio - Charlene Tressler; Board of Ethics - Joanne E. Carson, Billy L. Kelley and Richard D. Schulman; and, International Friendship Commission - Eduardo Sebrano. 19. COUNCIL COMMENTS Councilmember Moore a. Discussion and possible action regarding B/C/C members absenteeism excused/unexcused (reference page 12 of B/C/C handbook). Members with attendance of 75% and members with unexcused absences of over 25 %. Continued from the meeting of 9/13/94. b. Consideration of in-house/staff training vs. conferences. Continued from the meeting of 9/13/94. Councilmember Horton c. RESOLUTION 17658 OPPOSING PROPOSITION 187 - SAVE OUR STATE - Continued from the meeting of 9/13/94. Agenda -6- September 20, 1994 Councilmember Rindone d. Code Enforcement of Yard/Garage Sales. Councilmember Fox e. Issues related to the color of the new City library being built at 4th and Orange Avenues. CLOSED SESSION Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are pe171litted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any repons of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be te171linated at this point in order to save costs so that the Council's return from closed session, repons of final action taken, and adjournment will not be videotaped. Nevenheless, the repon of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. 20. CONFERENCE WITH LEGAL COUNSEL - Anticipated litigation pursuant to Government Code Section 54956.9 . Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1. . City vs. Solid Waste Management JPA (differential rate structure and transfer station legal issues). . Metro Sewer Adjustment Billing. . Redevelopment Agency Disposition and Development Agreement with Wal-Mart Stores, Inc. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957 . Title: City Attorney. 21. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ADJOURNMENT The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on September 27, 1994 at 6:00 p.m. in the City Council Chambers. A Special Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the City Council Meeting. COUNCIL AGENDA STATEMENT Item .y~ Meeting Date. 9/20/94 ITEM TITLE: Proclamation - Proclaiming Saturday, September 24, 1994 as COASTAL CLEANUP DAY SUBMITTED BY: Mayor Tim Nade:/)t'\' (4/5ths Vote: Yes NoXX) The proclamation declaring Saturday, September 24, 1994 as COASTAL CLEANUP DAY will be presented by Mayor Nader to Dr. Stephen Neudecker, Executive Director of the Chula Vista Nature Interpretive Center. Form A-113 (Rev. 11/79) 'Ie - / PROCLAIMING SATURDAY, SATURDAY, SEPTEMBER 24, 1994 AS COASTAL CLEANUP DAY IN THE CITY OF CHULA VISTA, CALIFORNIA WHEREAS, the State of California has a varied coastline of sandy beaches, rocky shores, productive estuaries, marshes, tidal flats, urban areas and harbors; and WHEREAS, the natural resources of the coastal zone are among California's most important environmental and economic resources; and WHEREAS, the marine environment is one of the most valuable resources for recreation, tourism, fishing and other coastal industries; and WHEREAS, the City of Chula Vista is strongly committed to the wise management of the coastline to ensure that the environmental and economic value of the coastal zone will be sustained; and WHEREAS, Californians are now adopting beaches year round through the California Coastal Commission's Adopt-A-Beach Program; and WHEREAS, the Coastal Commission will sponsor COASTWEEKS in California from September 17 through October 10, 1994, and the statewide Cleanup Day on Saturday, September 24, 1994: NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California, do hereby proclaim Saturday, September 24, 1994 as COASTAL CLEANUP DAY in the City of Chula Vista and encourage citizens, businesses, groups, and public institutions to observe this event and to participate in appropriate activities designed to promote a healthy and productive coastal environment for the benefit of the people of Chula Vista, California and the Nation. tic ~ol. September 15, 1994 SUBJECT: The Honorable Mayor and City Counci~ </ y II John D. Goss, City Manager j 1;:1 City Council Meeting of September 20, 1994 TO: FROM: This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, September 20, 1994. Comments regarding the Written Communications are as follows: Sa. This is a letter from Sergio Lujan, Assistant Chief of Police, requesting the contribution of four used police cars for the City of Tijuana. Under Section 2.56.220 of the Chula Vista Municipal Code, the Council has the discretion to transfer or sell surplus vehicles to the City of Tijuana. Based on a cursory review of recent history, the Council approved the sale of twenty-one such vehicles to the City of Tijuana in August, 1991 for approximately fifty percent of the estimated salvage value. The estimated salvage value was determined by the most recent County auction of similar vehicles. The current request from the City of Tijuana includes four salvaged police patrol vehicles. The estimated salvage value on the first three vehicles is between $1,100 and $2,000 each, while the value for the forth is estimated to be between $2,000 and $3,000. The City of Tijuana is offering a "symbolic contribution" in exchange for the vehicles. It is unclear what is contemplated by "symbolic contribution." It is possible that a simple donation is being requested, or it may be that the City is willing to pay some nominal amount in exchange for the vehicles, as in the past. IT IS RECOMMENDED THAT STAFF BE DIRECTED TO COMMUNICATE WITH REPRESENTATIVES FROM THE CITY OF TIJUANA REGARDING THE REQUEST AND TO NEGOTIATE THE TRANSFER OF ANY OR ALL OF THE FOUR VEHICLES IN EXCHANGE FOR NOT LESS THAN FIFTY PERCENT OF THE AVERAGE ESTIMATED SALVAGE VALUE INDICATED PREVIOUSLY FOR EACH VEHICLE. 5b. This is a letter from Joseph Garcia requesting that "Conference with Labor Negotiators" be agendized under Public Hearings on the City Council agenda. IT IS RECOMMENDED THAT COUNCIL RECEIVE AND FILE THIS LETTER. Attached is a copy of a letter the City Attorney has sent Mr. Garcia in response to his request. 5c. This is a letter from Frank Roseman, Chula Vista Heritage Museum, requesting the use of space vacated by the Downtown Business Association for a work area for the museum. Currently, the Chula Vista Heritage Museum and the Downtown Business Association (DBA) share space in the City owned building. The floor area consists of about 234 sq. ft. The DBA's area is about 80 sq. ft. and is currently being used as the Association's office. It is equipped with a desk and tables and other equipment (i.e. telephone, answering machine, fax machine). IT IS RECOMMENDED THAT THIS REQUEST BE REFERRED TO THE LIBRARY AND COMMUNITY DEVELOPMENT STAFF TO DISCUSS WITH THE MUSEUM AND DOWNTOWN BUSINESS ASSOCIATION REPRESENTATIVES AND RETURN TO THE CITY COUNCIL WITH A RECOMMENDATION. 5d. This is a letter from Michael Schnorr requesting authorization to place an art feature on East Orange Avenue right-of way. The feature is described in his letter. Normally, temporary encroachment permits are authorized by staff; however, in this instance, due to the unusual nature of the request, staff feels that Council should have the opportunity to give direction prior to granting the permit. The art feature is proposed to be in place from September 23 through the end of October, at which time Mr. Schnorr will remove the boards. The photo panels will be a minimum of 10 feet from the travel way on East Orange Avenue. The proposed permit is attached for reference, and Mr. Schnorr will be attending the meeting to answer any questions Council may have. IT IS RECOMMENDED THAT COUNCIL DIRECT STAFF TO ISSUE A TEMPORARY ENCROACHMENT PERMIT FOR THIS ART FEATURE. CD .cw ... ....0 > .. V)- :IDirrcciolt oe ~elJuriotto 0 .- _u.. UJ II! >u.. :jtli,hlica lRunicipa[ 2: ...cO A,Y\JNTAMENTO ~ .....;CI") GONSTrTUCIQNAL 1'", tn~dL() Jc l~ I'rc,~nle 'c "credit" ~l <: UJ :::>'i5:: TUUAN.... 8. C. G~ :;:':;;'.C:... ~~';>..:'1 . (J II UJ ~d "'":1 C -.:: ~ ; !"J'":" ) ,'..~-, ",..J_ , C >->- :-;"mbrMn J . .\..h~"p",0n ,.,.4 "~ ...:;~.~C....:~ September 10, 1994 Honorable Mayor and City Council The City of Chula Vista 276 4th Avenue Chula Vista, CA Re: Accepting a symbolic contribution for used city equipment In the past the City of Chula Vista has been very generous in accepting symbolic contributions for used equipment no longer needed. Examples of this are wrecked or damaged police cars, outdated uniforms, and old electronic equipment. Presently Chula Vista is in the process of replacing police cars. The worst of the cars is the first to come out of service. Due to their condition, four of these have little market value. Please consider a symbolic contribution from the City of Tijuana for these cars. They are as follows: 1) Vehicle 1229001, transmission overhaul needed, estimated repair cost $1400. 2) Vehicle 1229002, transmission overhaul needed, estimated repair cost $1400. 12)0Cd+ 3) Vehicle 1229003, accident caused frame and front end damage, beyond economic recovery value, no estimate of repair costs. 4) Vehicle 1229016, a 1991 surplus former canine patrol car, Health and Safety regulations prohibit the sale to the general public or reuse of canine vehicles as a standard police patrol unit. vehicles please consider a symbolic ity of Tijuana. Thank you in advance for _ WRITTEN COMMUNICATIONS ~~(y) r r~y g#t9/~ 5~;1 ~c fft ~~. #i(lin~<wn;lit~mii(lii.~i(t~~~t!yy'~li~kli~~~lit!~l!tY.Y.~l4it!~~ ~~tjri.~t:wv.mHY.'f.i.mWw~t;j(i.i.~nll~ni.~nll~H:W~Wm ~/~ l'MU'/.A ' l; LOBBY i4~li<v.~fiimnWWmWy.Y~mp.rnwn:il.liy.f.~~nYmnfijmnt~iwm !" YlSLllL1HJ5b 1u l.J.IfI5:(NJlflJ"lhI:.. lH.Y_~)JItl1ISJY111J:r~-#tiUI L:UJ4~Ul"lIL( .U'.Il>l:JlSll , HAND DB 'H HI::D g/g/g~ SEPT 6, 1994 JfRHil'.1 If. I. <Ull:.LJI. -I~ ~~~~~~tJm THE HON. riM NADER, MAYOR CITY OF CHULA VISTA 216 FOURTH AVENUE CHULA VISTA 91910 REF:COUNCIL AGENDA OF 9/6/94. MAYOR NADER: The agendizing of items on the City Council Agenda, past the order of business "OTHER BUSINESS", beginning with Item #21, in effect prevents the PUBLIC trom commenting on these items, which are not a part of the open Council Agenda, You have, In effect, muzzled thE' PUBLIC on their right to comment on PUBLIC MATTERS. Take ITEM 30, for example, CONFERENCE WITH LABOR NEGOTIATOR. By listing this subject matter, in agenda after agenda, tuesday after tuesday, you have In effect used the directive under "Oral Communications", to virtually prohibit the PUBLIC, from speaking to and/or making an inquiry as to SALARY and BEIIIEFIT and RETIREMENT and MEDICAL benefits, which must be very germame to the Interest of the taxpayers of this community, since we are footing the bill. Of all matters which pertain, to the appropriation of montes for the benefit of our city employees, you can not and should not, deny the taxpayers of this community from exercising the right to asking questions and commenting on the salaries and benefits of the city employees. I am requesting that this item 30 in particular, be henceforth placea under PUBLIC HEARINGS part of the PUBLIC AGENDA I request that this letter be agendized for discussion at the subsequent meeting. ~ ~",.......-...."~.."..,, ~ 1---) , H ' I'; "r1 ,', I; J"'''' ". I II '\ " 1".' '!'J!'lt. ,... II,','J 'SED - ., twl;~ i ..... I L' ~',,""'" " eli", .L~~-; '.. .' " " Garcia Copy to: Bruce M. Boogaard, Esq, City Attorney c~~\'J~~\NCWDED FOP ALL COUNCIL MEMBERS. \'((z.\.,~(\,- (') '\\ -'\r"' 'V""':":~\::.\ \.,).>\ \.'".,)\ ~, WRln'EN COM~~ICATIONS ~~\ ,~ (\ 'J'0 r,\r \\""""''': ;~l."X \~I ~ ~ It-- :.d_ : --~- ~......"'-~ ~"""~""- CllY OF CHULA VISTA OFFICE OF THE CITY ATTORNEY September 9, 1994 Mr. Joe Garcia Chula Vista, Ca. 91910 Re: Oral Communications Dear Mr. Garcia: Thank you for your letter of September 6, 1994. Please be advised that the practice and procedure of the City Council is to tolerate and encourage any member of the public to speak on any item on the agenda at the time the agenda item arises and that the placement of oral communications on the agenda is an opportunity for any member of the public to address the Council on any matter not on the public agenda. Therefore, if you wish to talk about labor negotiations or the cost of public employee's salaries or benefits, you may do so under oral communications or pull the item for public discussion before the Council goes into Closed Session discussion on an item. Because you requested that your letter be agendized for discussion at the next City Council meeting, we will accommodate that request. If this letter provides sufficient explanation of your rights, you can always request, at the Council meeting when the written communication is discussed, that you have been satisfied with this response. Otherwise, you can come to dias and discuss your written comm 'cation. You will need to pull it off the Consent Agenda. r ce M. Boogaard City Attorney BMB:lgk C:\1t\garcia ..5 b ";2. 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619)691-5037 CITY OF CHUlA VISTA +-le~'itC\ge Museum j. ~, ji o -.-- ..' -"'..., . --.- Mayor and City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA. 91910 Dear Mayor Nader and the City Council, The Chula Vista 'llerltage .Museum, you generously funded, has been well received and has the material to develop new areas of the City's history. The citizens of the Chula Vista have responded to our requests for artifacts, pictures and memorabilia. We also have collected audio and video tapings. Collections are being made continually. We have grown to the building's capacity. The .Museum is to the the point where there is no working space to layout and develop new displays. The space that the Downtown Business Association was using for an office is now vacant. This space would be an ideal .Museum work area. New displays must be planned and developed as to their make-up. Space is needed to layout the items and leave them in position while this development takes place and the display is ready for public viewing. We are prepared to work on displays of the history of Chula Vista Elementary schools and memorabilia from Rohr Aircraft Company. I ask, therefore, that the Mayor and the City Council grant the use of this office area to the Chula Vista 'llerltage .Museum until such time as the .Museum building may be enlarged. ~&"\,~l~ I.C\) '~:'~~"~d" . " Sincerely ?~ Frank M. Roseman '\ \, WRlnEN cO~~nO,NS 1tC\\)\)f%r\ 360 'third .J1:uenLW Chula <Vista, California 'letephone 476-5373 INSTAI.I.ATInN GAU,F.RY MAIl.: !lox 2552 SAN DIECO, C,\UFnnNIA 92112 f)(),~ FIFTH AVI';NIIE, SUITE :135 SAN I)IE(;O, C\l.II'OJlNIA 92101 iSITE94 (,1954414112 (,If} 5'~4 I'J,H(. FAX 730 First Ave Chula Vista, 91910, CA telephone 575 -6987 fax 575-7827 The Honorable Tim Nader, Mayor ofChula Vista and Council persons, INsite 94 will be the largest arts festival in the history of the San Diego/Tijuana region. A total of thirty eight institutions comprising every major arts venue in the region will be participating. (see acompanying press package) Eighty artists from the US and Mexico as well as England, France Sweden and Japan will complete works in a variety of installation sites, all to open on the weekend of September 23rd 1994. More than forty of the artists are placing their work in outdoor locations thereby allowing a wider audience participation. The art works are temporary and are meant to be on view until the end of October 1994. My Poggi Canyon project is one of the outdoor installations. The project consists of placing three 8 foot by 10 foot color photographic panels alongside East Orange Ave. extending approximately one hundred yards West from the comer of East Orange and Brandywine (see attached street map) The fourth panel will be placed at the end of East Orange Ave where it dead ends at the beginning of Poggi Canyon. The panels will follow the old American tradition of the Bunna Shave road signs, simply a sequence of images which ask a question. Each panel will have two words as part of the photograph. The phrase will be; "When is a canyon not a canyon?" S/,/ The concept is to renew community and neighbourhood pride and attention to nearby open spaces. ( a section of Poggi canyon was burned this summer) There will also be a twelve page pamphlet accompanying the project (2000 copies). The pamphlet will discuss the early and contemporary history of Chula Vista and the Poggi family. My mother Rose Angela Poggi Schnorr is a daughter of the original Poggi settlers. Your support and assistance in regards to this project would be greatly appreciated. Yours Sincerely, /~L~ Michael Schnorr 5:1 ~ J- BftANPYWIIJE. pLJ ""'I ~ --" 4V'~. A~4 10 el! K.6P1 CL.eAR. of I SI<Io141 O&STll.iJClIOt./s I '" > '" "'" - ~m~l!!1' 1.1&IIT (TtP/GAL..) ~ .,llt"!' AW ~Oo ..... 7)-1 () ~ .. Z G\ "'==!!o III eIClsTING A.C. APf'IZO". \..oc. ~OTO 6DAIl: D ( T'fPICAL..) > c!::do <. ll\ z. C. " EXHIBIT \ I PeJ IIAII .5:1~ J TEMPORARY ENCROACHMENT 500 BLOCK: C. ORANOE AVENUE FILE NO, PEi' :3,& OWN BY: j ~ DATE: 01q ~4 inSITE94 FACT SHEET WHAT: WHEN: WHERE: ORGANIZERS: PARTICIPANTS: TIlE ARTISTS: SPECIAL EVENTS: inSlTE94, an exhibition of installation and site-specific art in the San Diego/Tijuana area, will be the largest bi-national collaborative undertaking ever by non-profit visual arts organizations in the U.S. and Mexico. There will be 74 temporary art installations presented by 38 institutions. inSITE94 opens Sept. 23, 1994 and runs through Oct. 30. The artists will be on site creating their projects in the weeks prior to the opening. A calendar of events is available. Projects will be exhibited at 37 sites throughout San Diego County and metropolitan Tijuana. There will be three major "hubs" of activity: downtown Tijuana, downtown San Diego and Balboa Park. inSITE94 is coordinated by Installation Gallery in conjunction with the Museum of Contemporary Art, San Diego, The Consejo Nacional para la Cultura y las Artes through the Instituto Nacional de Bellas Artes and the Centro Cultural Tijuana, the City of Tijuana, and the State of Baja California. Through inSlTE94, 38 non-profit visual arts institutions in San Diego and Tijuana will sponsor new site-specific art works. inSITE94 is the first project enlisting the active participation of every non-profit visual arts institution in San Diego. The collaborative structure of inSITE94 represents a new national model of resource sharing in a period of declining sources of funding for the arts. More than 100 internationally, nationally, and regionally recognized artists are participating. Among the most notable artists are Jose Bedia, Chris Burden, Rimer Cardillo, Helen Escobedo, Andy Goldsworthy, Mildred Howard, Dennis Oppenheim, John Outterbridge and Nancy Rubins. inSITE94 exhibitions are supplemented by education and outreach programs which are bringing internationally recognized artists (such as Christo), art historians, writers (such as Carlos Fuentes), and art critics to San Diego and Tijuana. During August and September, there will be a series of Artists onSITE meetings that will enable the public to discuss art yPtss an informal setting. FACT SHEET PAGE20F2 FUNDING: PUBLIC SCHOOLS: PUBLICATIONS: OPENING EVENTS: COST: FOR INFORMATION: CONTACT: In the United States, inSlTE94 is supported primarily through individual donations, grants from the city of San Diego's Commission for Arts and Culture, and grants from private foundations, such as The Andy Warhol Foundation for the Visual Arts, Inc., The Nathan Cummings Foundation, and The James Irvine Foundation. In Mexico, inSITE94 is supported by the federal government (through the Consejo Nacional de la Cultura y las Artes), the State of Baja California (through the lnstituto de Cultura de Baja California), and the City of Tijuana (through the Departamento of Cultural. As part of inSITE94, a binational public elementary school program is already underway. More than 2,000 students will participate in inSlTE94 educational progr"mming. inSITE94 will be documented in two publications: a bilingual handbook, scheduled for publication in August and a bilingual scholarly catalogue to be published in 1995. Participating institutions are planning a variety of opening events during the Opening Weekend, Sept. 23-25, 1994. The famed writer/statesman Carlos Fuentes will lecture at the Centro Cultural Tijuana (Sept. 24) and Copley Symphony Hall (Sept. 25). Friday, Sept. 23, in downtown San Diego there will be an opening celebration surrounding the Santa Fe Depot. Saturday, Sept. 24, Tijuana venues will open with a celebration at the Centro Cultural Tijuana. Sunday, Sept. 25, venues in Balboa Park and the California Center for the Arts Museum in Escondido will open with presentations and a variety of festivities. For the most part, inSlTE94 projects will be open to the public at no cost. In a few cases, where the artwork is housed within a museum, there may be a nominal entrance fee. inSITE94 Headquarters (619) 544-1452 ### Barbara Metz Metz Public Relations (619) 283-1303 Danielle Reo inSITE94, Executive Coordinator (619) 544-1482 :J-cJ , \.0 inSITE94 AN INTRODUCTION The San Diegorrijuana region will be the bi-nationallocation for inSITE94, a biennial exhibition of installation and site-specific art. This international exhibition, which will open the weekend of September 23-25,1994, and continue for five weeks, will be located at over 30 venues centered around three major "hubs" of artist-activated public spaces on both sides of the Mexico/U.S. border: downtown Tijuana, downtown San Diego and Balboa Park. Coordinated by Installation Gallery in conjunction with the Museum of Contemporary Art, San Diego, the Consejo Nacional para la Cultura y las Artes through the Instituto Nacional de Bellas Artes and the Centro Cultural Tijuana, the City of Tijuana, and the State of Baja California, inSITE94 represents the first large-scale bi-national undertaking of the region's non-profit visual arts organizations, enlisting a unique approach to institutional collaboration that may indeed serve as a model in other areas of the arts in both countries. inSITE94 coincides with widespread and burgeoning re-examination of the meaning and function of the Mexico/U.S. border. An urban complex unique in terms of size and economic power, and the site of the most heavily traveled border in the world, this highly- charged environment is a meeting point of the so-called "First" and "Third" worlds. It is a climate electrified by the daily enactment and circumvention of immigration policies, the increasing bilingualism of public life, and the unfolding of NAFT A and other avenues of economic exchange. Among other goals, inSlTE94 is designed to facilitate exchange, discovery and dialogue among multiple audiences in this dynamic region through programs based on artistic processes of creating works rooted in a place-specific context. Bi-national Collaboration and Exchange Participants in inSITE94 include 38 non-profit institutional partners in San Diego and Tijuana collectively sponsoring and presenting new site-specific projects by over 75 area, national (Mexico and the U.S.) and international artists. Sponsors include Installation Gallery, major art museums, cultural centers, smaller art non-profits, non-art museums, and institutions of higher education on both sides of the border. The level of cooperation and collaboration engendered by this project is unprecedented--enlisting the active participation of every non-profit visual arts institution in the binational region. Installation Gallery is responsible for project organization and outreach, educational programs, publications, and marketing. International Residencies Installation Gallery will sponsor residencies for artists from Mexico, the United States, and abroad. Works created during these residencies will bring to critical mass the projects mounted by other institutions, thereby creating "hubs" of activity not only for this ~d -, "' exhibition but potentially for future civic life. The City of San Diego's redevelopment agency has secured abandoned industrial sites and other spaces of dramatic scale for artists' projects, all within walking distance of the downtown Museum of Contemporary Art, the new Children's Museum of San Diego, the trolley station connecting Tijuana to San Diego, and the southernmost point of the rail corridor that extends to Seattle. Likewise, the Department of Arts and Culture of the City of Tijuana has secured a variety of alternative locations proximate to the Centro Cultural Tijuana and the downtown area. Installation Gallery's projects with international artists will be located in both cities. Artists have already made preliminary visits to choose sites and begin project design. They will return in the summer of 1994 to realize their works. Residencies that support the making of site-specific and installation works provide not only for the realization of the work itself, but also for the artistic research that the work requires. Artistic investigations follow a logic of their own, require specialized resources, and demand maneuverability for detours mandated by the artistic process in its unfolding. The artists participating in Installation Gallery's residencies were selected because they engage sites in an active way, and each will be encouraged and supported in their investigations while in residence in our region. Residencies will include an honorarium, fees for materials and production costs, and technical support and community members, visitors and artists will have multiple opportunities for interaction and exchange through a series of symposia, Artists onSlTE meetings, school and studio visits, and social events. Education and Outreach Installation Gallery will sponsor a series of educational programs preceding and during inSffE94 to ensure a heightened awareness of contemporary art in the region and to develop new audiences for the arts in general. . A colloquium in the fall of 1993 will provide a forum for exchange of information, a location for resource sharing, and an occasion for discussion of installation art from multiple perspectives. . Elementary school residencies on each side of the border beginning in March 1994, in which regional artist teams will develop curricula resulting in student-made site works designed to enhance the physical environment of the school. . Bilingual Artists onSITE meetings during August and September 1994, located alternately in Tijuana and San Diego, will include the artists-in- residence, members of the community, other participating artists, cultural critics, government officials, economists, arts advocates, students, and other interested citizens. . A bilingual lecture series, Art in Context, will bring well-known artists, curators and writers (Lynne Cooke, Ann Rorimer, Christo and Carlos Fuentes, among others) to speak at venues in both cities. . A bilingual symposium (moderated by Robert Pincus of The San Diego Union-Tribune) to be held during the exhibition, in October, will bring internationally known curators and critics together for discussion of the works created for inSffE94. 5, .- 53 Board members Susanna Valji and David Singer chair Installation Gallery's Education Committee which coordinates the programs of art educators and a.-lministrators from participating institutions. inSITE94 publications will form the basis of curricular materials, and experimental relationships between students and artists will be undertaken by many institutions. Examples include video interviews of artists by children sponsored by the Children's Museum of San Diego, bi-national exchanges between inner city elementary schools, high school apprenticeships sponsored by the Museum of Contemporary Art, San Diego and video documentation by media students at universities and colleges in the region. Publications A bilingual handbook mapping all sites and detailing the contributions of institutions and artists will be published in August 1994. A bilingual catalogue to be published in January 1995, will include critical essays and photo documentation of all site works. Editorial Director Sally Yard will write the lead essay and facilitate scholarly contributions by Olivier Debroise, Dave Hickey and Cuauhtemoc Medina. Tours Installation Gallery will organize docent-led tours of the works created for inSITE94. Tours will be scheduled for five weekends during the exhibition. Special tours for groups visiting the region specifically for inSlTE94 will also be arranged. Organizational Context Installation Gallery is managed by a small, highly qualified professional staff whose efforts are supplemented by an activist bi-national Board of Directors. inSITE94 Director Lynda Forsha., Curator at the Museum of Contemporary Art, San Diego for eleven years, has been responsible for mounting 32 exhibitions, and brings a breadth of knowledge of the international field of contemporary art to her position. She is responsible for Installation Gallery's residencies. Together Michael Krichman and Lynda Forsha oversee attendant education programs. Art historian Sally Yard, chair of the fine arts department at the University of San Diego, is Editorial Director for project publications. Michael Krichman oversees administration, finance and inter-organizational communication among the coalition of participating institutions, artist collaboratives and alternative spaces. Board members are called to serve in their areas of expertise. A bi-national Arts Advisory Board meets monthly to provide input into the planning, direction, and realization of the project. A Proposal Review Committee, comprised of arts professionals from both countries, meets bi-monthly to provide oversight of projects proposed by all participating institutions. Funding Plan Core support in the form of significant grants has been received from The Nathan Cummings Foundation, The Andy Warhol Foundation for the Visual Arts, The James Irvine Foundation, the Lucille and Ron Neeley Foundation, the City of San Diego's Commission for Arts and Culture, the National Endowment for the Arts, and the American Express Corporation. National government sources in both Mexico and the United States are being pursued as well. A series of fundraising events sponsored by members of the Board of Directors of Installation Gallery and a fundraising gala/auction served to raise awareness of the project as well as to garner further contributed income from individuals. In-kind support has been secured in the form of donated lodging from The Pan Pacific HoteL office space from Granger Associates, constrUction services from :\finteman Construction Company, exhibition space from Catellus Development Corporation and services from Metz Public Relations. !) (l "( inSITE94 inSITE94 HONORARY CO-CHAIRPERSONS Mayor Susan Golding, City of San Diego Mayor Hector G. OSWla, City of 1ijuana inSITE94 REVIEW COMMITTEE Larry Baza, Cenrro Cultural de la Raza Mary Beebe, Stuart Collection, University of California, San Diego Walther Boelsterly, Instituto Nacional de Bellas Artes Jolumy Coleman, Artist Hugh i\ol. Davies, Museum of Contemporary Art, San Diego Jose Luis Pardo Aceves, Centro Cultural Tijuana Mariza Sanchez, Departamento de Gultura Municipal, Tijuana Alejandro Marquez, Instituto de Cultura de Baja Califorma Sally Yard. University of San Diego INST U IATION GALLERY BOARD OF DIRECTORS Lie. Manuel Felipe Bejarano Giacoman Mary Berglund Joe Bevash Barbara Borden Ken Branson Patty Bnltten Cathe Bumham Constance Carroll Tony Cutri Dr. Gerardo Estrada Rodriguez Esther Fischer Faiya Fredman Jorge D'Garay Pallares Dr. Jerry Gardner Eloisa Hauclenschild Jorge Hinojosa 'lichael Kric/unan ~lichael Levinson Lucille Neeley Jose Luis Pardo Aceves ~fark Quint Randy Robbins Hans Schoepflin David Singer "laggie Singleton Kathleen Stoughton Jose Tasende "lanuel Valenzuela Arce Susanna Valji Yolanda Walther-;\leade SaUy Yard 5 Ct 10 inSITE94 -\RTS -\DVTSORY BOARD Deborah Anderson, School of :\-ledicinc, University of California, San Diego BJ. Barday, Visual AIts Center Gallery, University of California, San Diego Larry Baza, Centro Cultural de la Raza Mary Beebe. Stuart Collection. University of California. San Diego lo-Ann Berelowitz, Universiry Art Gallery, San Diego Stare University Carl Beh. The Rose _-\It .\luseum. Brandeis University Angel Bens<on. Departamento de Cultura Municipal.. TIjuana Walther Boelstecly, InsOtuto Nacional de Bellas Artes Leo Castelli. Leo Castelli Gallery Patricia Chavez, Centro Cultural de 1a Raza Johnny Coleman, Artist Janet Cooling, Artist Cannen Cuenca. Centro Cultural Tijuana Hugh :\-f. Davies, Museum of Contemporary .-\rt. San Diego Shirley Day Williams. African American Museum oE Fine Arts :\lanuel Escutia. Galeria de Ane de 1a Ciudad Hal Fischer. Tunl.:en "Iuseurn of Art Diana Gaston. j.1useum or Photographic .-\.rts Gary Ghirardi. El Sotano .\1ichael Golino, .\fuseum of Pho(o~raph.ic Arts .\'lathieu Gees-oire. .-\.rtist Jorge Hinojosa, Counry of San Diego. Citizens Law Enforcement Review Board Carol Hobson, Center for Research in Computing and the Arts. University of California, San Diego Mary Beth Hyne9. T asende Gallery Kathryn Kanjo, ~(useum of Contemporary An, San Diego Louise Kirtland Boehm. Boehm Callery. Palomar College .\lila!!I'os Landa. Consulate ~neral of :\lexico :\lario Lara. Artist .\Iac;ara de Leon. EI Colegio de la Frontera ;-.forte Victor .\Iadero. Lini....ersidad A.utonoma de Baja California .-\lejandro :\Jarquez. InstirutG de Cultura de Baja California Gerry :\lcAllisler. l:ni....ersity.\..rr C<lilery. CniVf~rsi[y of California. San Diego Wendelin .\Iontciel. :Stephen Birch .-\quarium-Museum. Scripps rnstitution of Oc;eanogr3.ph~.. Cniversity of Caiifornia. San Diego ._- f"'l/ ~U J.1 Arts AdvlSOry Board cona.n.u.ea' (inSlTE94 -\RTS-\D\'lSORY BOARD CONTINrED) Linda :Y{oore. Linda )'loore Gallery Tun Murray, San Diego ~{useum ofNacura1 History Leslie Nemour, Kruglak Gallery, ~lira Costa College Jose Luis Pardo Aceves, Centro Culrura.lTIjuana ;\largaret Porter~ Troupe, Porter Randall Gallery Mark Quint. Quint Gallery Susan Pollack, City of. Escondida. .-\n in Public Places Program Manuel Rosen, Universidad Iberoamericana Plancel Noroeste Bob Sain, Children's Museum of San Diego :\-fariza Sanchez, Depanamenco de CuIrura ~!unicipaI. TIjuana Michael Schnorr, Southwestern College Beverly Schroeder. Centre City Development Corporation Lynne Schuette, Sushi Performance.& VisualArr Barbara Sexton, Artist Felicia Shaw. San Diego Commission for Arts .& Culture Reesey Shaw, CaliIor:oia Center for the AIts Museum. Ernest Silva. L'aiversiry of California. San Diego Deoorah Small. California Stare liniversiry, San )otarcos ~bry Stoffiet. San Diego '\[useum of Art Kathleen Stoughton. :\tfesa College An Gallery Mario T orer-o, .-\rtist Erika Totti. Athenaeum jofusic and Arts Library Larry Urrutia. Southwestern College An Gallery :'tlanuel Valenzuela Arce. Unidad Regional de Culturas Popu1ares Sara Vazque2 Estup. rnstituto de Cultura de Baja California :\-lacie Vicken Home. Athenaeum :\lusic and Arts Library Kay Wagner-, San Diego Unified School District' Ryszard Wasko. International Artists' yluseum Jim Wilstermann. H yde Galler~~. Gros~mont College Sally Yard. Cniversiry of San Diego David Zapf. David Zapf Gallery ,5 J (t f,;l ()1 " ..-. ~- u--.: Sites o Centro CultuIlIlTllu.ne AlvilloOl<ll\cmlo lelipHLhtt)!lhorg Gabriola Lopez Porhllo I.lJisMOfel JOllllOullnrhriflge M<lllaPalau M,IIC05 Ramirez "ERRE" FJoy larcisio o Centro E.col.r Agua Callent. AnyllGallaccio Allan Kaprow o La Torr. de Tllu.n. Alherl Ctlong JimSkalman o EI 561800 Carol Bing Nanclle Yannuzzi Macias/Melissa Smedley o o La E.Clllnal. Kim MacConnel C.I.. d. I. Cullura Municipal Abraham CWlllillegas MarkAliceOulBnl Jose M'gool Gonzalez Casanova Diego G\llioffez Coppe RoUJulius Jealllowe EmeslSilva SoflaltJboas o Plav" d.Tllua". IIolonEscolJcdo OsealOllega Uti nolkJllMichael Schnorr fillY TalcislO o Shilling points .long the border I.nca Punlo_ variable. In " Ifn.. dl'l'lorll Terry Allen o Palacio Municipal dll'ljulnll Carmela Caslrej60 Diego Coupclaliva Mexicati ~ CD ~ CD CD d) InlUlulo de Cullurl d. Bala California EnCon.T,aste HOlpUBI General da Tlluana, BC Joyce Cutlar-Shaw Eslaelon del Ferrocarrll UUHollor Colonla libel lad, Tlluana Silvia Grunor Poggi Canyon MidlaolSchnorl Southwestern College Art Galtery Nina Kalchallo\lrion/Slevcn Malhcsonl Malklritm ca Museum 01 Contemporary Art, San DIego CorlosAguiflo AnyaGallaccio SitviaGmnOI Nancy Rublns Yuklnori Yanag! CD Sanla Fa Depol JoseOetlia Johnny Coleman felipe Ehrenbelg Yolanda GUMffez Mildred Howard Emique Jezik Robert Theflien Eugenia Vargas YukinorlYanagi CD Chlldren'a MUllum 01 San Diego Ch.isBu!fjell David Jurlsl Dennis Oppenheim Palr1ciaPal101son EmeslSilva CD e ~ G S.n Diego Mua.um of Art Andy OotdswOllhy Tlmk.n Mu.eum 01 Art Deborah Small MUI.um 01 Photographic Arll Merk Alice Ouranl San Dlago Natural HI.tory Mu.eum Roman de Salvo Nina Katchaoollian NanoUe Yannuzzi MaclaslMehssa Smedley Val Valgardson O1avWeSlphal8ll G Centro Culhnal d. la Raza Rime. Cardillo MorloLaraIBarbaraSexton Pap6nOsOflo Orac1etaOvejero Susan Yamagala ~ e ~ (& ~ Unlver.lty Art Oall.ry, San Diego Stale University BUZl Speclor Founders Oallery, University of San Diego Esleta Uussong Meaa Colleg. Art aanery RoUJulluS Alhenaeum Music and Art. LIbrary MlngMur-Ray Stephen Birch Aquarlum-Muaeum Scripps In.Ulullon of Oceanogflphy Unlverslly of California, San Diego Nina Kalavasilcs e UnlversllyArtOallery Unlverslly 01 Colllornla, San Diego VITAL SIGNS $ Center lor Re.earch In CompuUng and the Aria University 01 Call1ornla, San Diego Sheldon Brown ~ Visual Arts Center Gallery UnIversity ot Call1ornla, San Olego Janct KoenigIGreg SholoM e ~ ~ e ~ Q Department 01 Veterans AlIalrs Medical Cenler JoyceCutlcr-Show Regenta Park Ofllu Complex OavldJu.lsI Kruglak Gallery, MlraCost. College Robello Salas BMhm Gallery. Pelomar College BOfOer Arl WorkshopfTallel de Arte FrOlllerilo C.lIlornla Slate University, San Marco. AfVlcMudge Call1ornla Center lor the Art., E.condldo Mathieu Grogoire DenniS Oppenlle;JT1 inSITE94 PARTICIPATING ARTISTS & INSTlTIJIIONS Mrican American Museum of Fine Arts Jose Bedia Albert Chong John Outterbridge Athenaeum Music and Arts Library Ming Mur-Ray Boehm Gallery, Palomar College Border Art Workshop/Taller de Arte Fronterizo* Narciso Arguelles Carmela Castrejon Diego Angelica Ruano Michael Schnorr Andres Torres Elsa Valdez Susan Yamagata California Center for the Arts Museum Dennis Oppenheim California State University, San Marcos Anne Mudge Center for Research in Computing and the Arts University of California, San Diego Sheldon Brown Centro Cultural de la Raza Rimer Cardillo Pepon Osorio Graciela Ovejero Susan Yamagata Mario Lara/Barbara Sexton s cL ~. !~. I .' r Centro Cultural Tijuana iv/arta Palau Children's Museum of San Diego Chris Burden" David Jurist Patricia Patterson Ernest Silva City of Escondido, Art in Public Places Program Mathieu Gregoire (BAJA CALIFORNIA, MEXICO COMiWl1TEE) Cas a de la Cultura Municipal, Tijuana Centro Cultural Tijuana Departamento de Cultura Municipal, Tijuana EI Colegio de la Frontera Norte Galeria de Arte de la Ciudad Instituto de Cultura de Baja California Universidad Autonoma de Baja California Universidad Iberoamericana Plantel Noroeste Alvaro Blancarte Carmela Castrejon Diego Estela Hussong*'" Luis Moret Oscar Ortega iv/areos Ramirez Cooperativa Mexicali* Manuel Aguilar Francisco CM vez Corrugedo Carlos Coronado Ortega Ruben Garcia Benavides Ruth Hernandez Andres Jimenez Castillo Cataro Nunez Juana VaJdez En-Con- Traste* Martin Argote Fidel Carballido Pedro Contreras Norma Michel - , r: "J ~ (l - /5 EI Sotano Carol Bing Nanette Macias/Melissa Smedley Ulf Rollo! Founders Gallery, University of San Diego &tela Hussong*'" Hyde Gallery, Grossmont College Installation Gallery Terry Allen Chris Burden"'''' Anya Gallaccio Silvia Gruner ivlildred Howard Allan Kaprow Jean Lowe Kim MacConnel Dennis Oppenheim James Skalman Robert Therrien Eugenia Vargas Yukinori Yanagi Instituto Nacional de Bellas Artes Carlos Aguirre"'''' Felipe Ehrenberg Helen Escobedo Yolanda Gutierre= Enrique Je:ik Gabriela Lope: Portillo Eloy Tarcisio Kruglak Gallery, Mira Costa College Roberto Salas i II ':-, . . , 17 '_ J L ( Mesa College Art Gallery Abraham Cruzvillegas Jose JIiguel Gonzale= Casanova Diego Gutierrez Coppe Rolf Julius Sofia Tciboas Museum of Contemporary Art, San Diego Carlos Aguirre" Anya Gallaccio" Nancy Rub ins Yukinori Yanagi" Museum of Photographic Arts Mark Alice Durant San Diego Museum of Art Andy Goldsworthy San Diego Natural History Museum Nina Katchadourian Roman de Salvo Nanette j'.-facias/Melissa Smedley Val Valgardson Olav Westphalen School of Medicine University of California, San Diego Joyce Cutler-Shaw Southwestern College Art Gallery Nina Katchadourianl1'vlark Tribe/Steven J1;/atheson Michael Schnorr Stephen Birch Aquarium-Museum Scripps Institution of Oceanography University of California, San Diego Nina Karavasiles ,/-1 C I - /7 * Collaborative or group project ** Co-sponsored project Stuart Collection University of California, San Diego Sushi Performance and Visual Art Johnny Coleman Timken Museum of Art Deborah Small Unidad Regional Norte de Culturas Populares. University Art Gallery San Diego State University Buz:; Spector University Art Gallery, University of California, San Diego VITAL SIGNS" Sheldon Brown Darren Chisum Dru Clark Kelly Coyne Cheryl Deveraux Jason Ditmars Brian Duggan Christa Erickson Eduardo Garcia Susan Hammon Dorota Jakubowski Janet Koenig T. Nohe E. Riel Robert Russ Susan Schuppli Mark Tribe Niklas Vollmer Glen Wilson Payton White Visual Arts Center Gallery University of California, San Diego Janet Koenie:/Gref! Sholette v v r-d ~- /s inSITE94 PARTICIPATING INSTITUTIONS African American Museum of Fine Arts Athenaeum Music and Arts Library Boehm Gallery, Palomar College California Center for the Arts Museum California State University, San Marcos Casa de la Cultura Municipal, Tijuana Center. for Research in Computing and the Arts, University of California, San Diego Centro Cultural de la Raza Centro Cultural Tijuana Children's Museum of San Diego City of Escondido, Art in Public Places Program Departamento de Cultura Municipal, Tijuana El Colegio de la Frontera Norte El Sotano Founders Gallery, University of San Diego Galena de Arte de la Ciudad Hyde Gallery, Grossmont College Installation Gallery Instituto de Cultura de Baja California Instituto Nacional de Bellas Artes Kruglak Gallery, Mira Costa College Mesa College Art Gallery Museum of Contemporary Art, San Diego Museum of Photographic Arts San Diego Museum of Art San Diego Natural History Museum School of Medicine, University of California, San Diego Southwestern College An Gallery Stephen Birch Aquarium-Museum, Scripps Institution of Oceanography Stuart Collection, University of California, San Diego Sushi Performance and Visual Art Timken Museum of Art Unidad Regional Norte de Culturas Populares Universidad Autonoma de Baja California Universidad lberoamericana Plantel Noroeste University Art Gallery, San Diego State University University Art Gallery, University of California, San Diego Visual Arts Center Gallery, University of California, San Diego .5 C( - 11 B4 MONDAY, APRIL 25, 1994 TIMES ADVOCATE Christos' hectic schedule leads to local public project II ART:Aplanned exhibition of30 works is set for September throughout the region WIWAM FARKI TimesAduocate . People have always had opin- ions about public art, but only recently has the form been so much an issue. And much of the awareness can be traced to Christo, whose public art pro- - jects are the best-known in the world. Christo and his wife Jeanne- Claude were in San Diego re- cently to help launch inSITE94 .,- a planned biennial exhibition of installation and site-specific art at 30 public space in the San Diego area. It opens Sept. 23 for five weeks with four sites in North County. The Christo's schedule was rigorous: They met U.S. and Mexican journalists in a Tijua- na press conference; spoke to a standing-room-only audience in Tijuana's Centro Cultural Cen- ter; attended the inSITE94 gala at the Paladion in San Diego; and gave a slide lecture in La Jolla. . Despite this demanding schedule, that also included a TV appearance and a brief tour of the area, they took time to talk about their art. Married for over three decades, they are so closely involved in their life and work that they speak almost as one. The Christos are not strani<- ers to California. Their most re- cent visit was in 1991 to super- vise installation of "The Um- brellas, Japan-U.S.A." 1,760 yellow umbrellas in Tejon Pass. The Christc's also were here to install "Running Fence. Sono- ma and Marin Counties, Cali- fornia, 1972-76: Christo said they came this time because they believed in the importance of inSITE94. "We have wonderful relations with California. We have ties to San Diego and we feel very close. to our Mexican friends." . The Christos' ties to San Die- go are both professional and personal. They were here in 1981 for a comprehensive exhi- bition of their drawings, collag- es and other items at the San Diego Museum of Contempo- rary Art. Museum Director Hugh Davies is an old friend of the Christos since his days at Princeton University over 20 years ago. Several of the city's private collections also include Christo's works. The artists' umbrella project provided another local link. A Shelter Island firm specializing in sail production, manufac- tured the umbrellas. Although they were not aware of North County's contro- versial public art projects, the Christos understand the feel- ings ofthose who object to some of the installations. "These are personal visions we share \\ith the public - unique, highly personal. A project is a very physical presence that will go away. People react to it in relation to the object." [~C( - dO JEAN..cLAUDE CHRISTO, artist . "You never know how art will affect people living there. Each project has disquieting ele- ments. We spent 180 days lob- bying in Germany to get per- mission for 'Wrapped Reichstag, Project for Berlin.' (Final approval eventually re- quired an act by the German legislature, a first in art). In Mi- ami, we were sued in federal court by the opposition, people who didn't want us to surround the islands in Biscayne Bay. And in California Superior Court over the umbrellas." Her . views on the subject could be a guide on how to overcome North Countians' opposition to public art. "It's important to lecture a lot. Talk to people - especially young people. Talk to writers. Attend receptions. And perse- vere." Some Christo projects take decades. Planning "Over the River, Project for Western U. S. A." began in 1992 with no spe- cific opening date. "Wrapped Reichstag," scheduled for next spring, has been "in progress" since 1971; a project for the United Arab Emirates is now in its 14th year; and "The Gates. Project for Central Park New York City" almost as long. Christo insists his work "is not only public art. These are personal visions we share with the public - unique. highly per- sonal. A project is a very physi- cal presence that will go away. People react to it in relation to the object. Because it is not , made of wood and steel. but of fragile fabric. it creates sympa- thy. Romantic. Gone very fast.' He paused. then added softly. "Like our life.' Jeanne-Claude described how the projects are very much a part of their life. "We relate other events to them. such as primitive tribes recall 'That was the year of the flood.' We don't have floods. so we remember 'the year of the fence,' or 'the jects. sells his early work and preparatory drawings to muse- ums. art collectors and galler- ies. Funds raised pay for project expenses. that can be expen- sive. And unexpected condi- tions can up the cost. The Chris- tos paid over $20.000 to have 40 tons of garbage hauled away from around the islands they "surrounded" in Miami's Bis- cayne Bay. year of the umbrellas.' And we live with our projects a very long time.' The Christos differ from most artists in that they finance all their own projects. They accept no commissions. grants or spon- sorship of any kind, and he re- cently refused $1 million to do a 60-second commercial on Japa- nese television. Jeann....Claude. his dealer and head ofthe corpo- ration formed to build the pro- Materials. labor, shipping. insurance, engineering, staff, rentals legal expenses and envi- ronmental studies for the um- brella project came to $26 mil- lion. The Christos also paid the California Highway Patrol and the county sheriff to direct traf- fic along the 18-mile route across Tejon Pass. If inSITE94 creates even a small traffic jam, it's a boost for public art in San Diego County. f cl - J-I j ART AHEAD FROM SATIRICAL INSTALLATIONS AND OUTDOOR SCULPTURES TO MAJOR GALLERY EXHIBITS, STARTLING NEW SIGHTS WILL GREET THE EYES Of SAN DIEGO ART LOVERS IN 1994 Go BY LEAH OUMAN lOOK FOR ART THIS YEAR on your neighborhood stroll. your daily commute. your brC:UGlway to Baja. Of course. museums and gal- leries will still keep their walls full and progmns ticking. but 1994. more [h.la any od1er ye:u- in San Diego's recent his~ lOry (or pem.ps ever). will be the one in which art ventweS out of its conventional bounds and into the streets. the uuUey st:Uions and the tr:JJn depol. Why'? Credit the mtbitions of InsClI- lation. the nonprofit organization that finally gave up sponsoring the fun but aesthetic:l1ly fruitless downtown ArtWalk ilIld has moved on to bigger and better things. Installation ran il succession of ai~ rermuive g<ll1ery spOlCes downtown for 10 y~. In 1991. it joined the legions of the homeles.~ and in so doing took J height- eneu interest in projects of an itiner:1nt nature. especially artists' tempor.uy in. stall:ujons in public and private spaces. Call it .utistic squatting. Installation tested the l.:oncept of a re- gional fe:mval of installation art back in 1991. Undor the auspices of inSITE91. 21 sites-from musc:ums. gaJlc:ries and vac:ut[ oftice spaces in San Diego to (he ~'\d - c);L . S,I:" [)IH., 1 \1.',(,.,/.:';1' . : ..'.!..\IIY q<l4 be:lChes of lijuon.-housed temporory. sire.specific works by local JItiSt5 and a small handful of outsiders. That event was OJ. mixed bag. but one tholt held a. re~ deeming snare of surprises. and solid ac. complisiunenlS. For inSITE94. the stakes have risen. Director Lyndo Fo"h. ll1d curnto" on both sides of the border have enlisted more than 50 artists from across the country JIld abroad to articulate a sense of ploce :!l more thon :!5 indoor and out- door venues in San Diego and Tijuana. [nSlTE94's lineup. though still in the works. looks to be tuU of intellectual risks and sensory chaJlenges. Among the more promising offerings on the progr.lm. which is scheduled to run from late September through Octo- ber. is Debor:th Small"s installation ~[ the 1imken MlL"ieUm of An. Small. who te:lches at California State University S;JO Marcos. plans to throw a blazing question mark. in among the exclamation poi ntS that make: up the Timken Vluseum's col. lection ot mas[erpic:ces. Her ".\1etamor. phosis" projc:ct looks at the collision Ilf art history"s long-presumed n~u[rJ.Jity ~nd the touchy politics or' Europe::an colomz;.:.- z: z: ~ ~ @ f ~ '2 u ~ ~ ~ tion through (he life ,)( In 18th-...:enrury woman ~n[omologlS[ Jnd p:.lJnler. .'-lOfh- ing like kee;:lIng (he Timken'" tre:.lsures alive :md ~JCkJng. SeverJJ :nSfTE9-.l. Jl11s1S \Vill he J.uoO[- ing J (resn persOectj1ic (In :he (JmliiJ.f;o- caJ L..1nus..:;,roc. S.m Dle:;:.m DJvlU Juns! plans CO -";:.Jirlv;uc :l ~m;),ii ,-'fOp ur <.:Dm :n {he GQiuen TnJngJe J.re::l. noc in ~ir.:JirH rows but roil()\...'mg :t1e I)utllnes nr" ,J ":00- rempor:1ry :-eSlllentlJi ,:onr JI;Jn. Viewer:; will be Jhle :0 '."iJnlier :nrnugn me :-~"ul!- log m;Jz::-:)un 'ntc:"Jeu-.lnu mu_".: I)n {he ,etum lr 1:':(:\~ J~n,::';i('Jre:D d;,e::'.T- Iy JC:'.e:()ocl.1 :.:r:XI:l ,<.::t:r.:;. :",X::lJ ,....:.II['fIJr -\nne \IULl:';'':. '- nl)'<': "_11P" ~-::!enr~,..: "he Inte;;rny ...lnJ lnrnc::.cy or ,)r~:!nll: :Joe- nomena. will take on cne terrJln ur" San \L1rcos. recusing ,m now :ne Jre:l h::J.S b~~n (r::J.nsform~(j pnY'ilc::liJv -lna jemo- gr:lpnlc:.J.i1y. [nsrJIL.lt!on .111 :\ ;:"Dc~:;.:li: ;oou 'f prompung. r~::.umln;j[lon ,J! :ne ~'Jmlk':'f .loa ...:onvenllOn:li. '.....nemer '[ ..:onSI"!S ,,( :';:':':C:,~cocn ,:J'am:." :::3. :,-re 5trc!f5rr.Razor "'"ac=' ~989) irom :)avlC ,J,,,alOS "~u=::ac ;'v1i1a'!;ra' >~'es. ~ume 'Jt '.'Jr:c,~ '.'Jlil be ~c::...:ec :<1 a. -e~rc:s:::ec::'Je snow :: -:s Nor\( .'!.[ O'!IQr."';3;f '.:JII~e'S 3,:~r'''''' ':<iJier'1 ::e~;~:"':rg -~~~'_.;;"'I - :merven!lons In J ;l';c:n :.::1';lrnnmen( Jr ,he: c.:r:::.:uon 1)( In :'::'1ure!y ne:',~ 'lIH:. .l,[ '(S :)1:'i1. ';IC',Ver, '...::::! :mmc:r\c'J. nVOI\'~:":. 'i'Hc:d ?:..lcr!o K1CO-')Om :.:I11::,( ?~:J()n 1),,- ,)no '.\llil ::lmoer \Ilh \ur 'c:1st.: ,( JLJ(~ -inl! Jrnor:c:~: n 11\ _',lntf:::"IJ(llln -n ;'- _Sr'l29":' .l{ ~nt.: \:..:;uro C~IIlL:'-::" ..:~ :.1 :\.;.~:.. n 3;Jio(\;J P::r~ J 3,,;-:"'t:r::..: , }C-; cL ,) 's ill r' LloraiNo Crying Allowed in me B<lJ'bershop" will sinm.te visitors. in a full-scale barbershop inlerior. J. common breed- ing ground for machismo culture in Latin-Americ:m caun. tries. the artist says. Sound and video projections onlO mirrors will direcl .mention [0 Ole male-only rituals that take place there. such as the poignont fllSl hairt:U~ InSITE94 will also eke us inlO the baggage room at the Santa Fe Depot. imo the classrooms of me Casa de la Cultura in TIjuana ond the remains of <he old Agua Calico", casino. where artists as wise and witty ;IS Terry Allen. as darkly provocative as Johnny Coleman ilDd as formally enpging as Robert Therrien will edge their way inro our psyches wlm their musings on identity. place and culture. .5 (L - , / '..... o....-l III Ie S il N I) lEe 0 U N l 0 N - Tit [ 1\ U N E Sat'Jrday, May IS, 199'3 Insite '94 to show works of 50 artists By ROBERT L. PINCUS Ar-tCritic The scope or Insite '94, an ambitious binational exhibition or installation art, Was outlined at a press conference yesterday at the Museum or Contemporary Art's downtown location. At least 25 venues in San Diego and Tijuana will participate. Other sites, such as industrial buildings, also will reature artists' work. The exhibition will be in place ror five weeks begin- ning Sept. 23, 1994. The list of participating institu- tions is long and includes virtually all of the major museums and non-prorit gallery spaces in the San Diego/Tijuana region. They include the Museum or Contemporary Art, San Diego; the Centro Cultural Tijuana; the Museum of Photographic Arts; and the San Diego Museum of Art in Balboa Park, as well as colleges and universities in both cities. A minimum or 50 artists will be reatured, though speciric names are not yet available. "[nsite '94 will demonstrate that this binational region is a cultural center worthy of international recognition," said Michael Rrichman, who is chairman or the board of [nstallation, the non-profit organization that is overseeing the exhibition. lIe was one of several speakers voicing optimism about Insite, which area arts administrators hope will be a n ongoing biennial. Jose Luis Pardo, sulHlirector or the Centro Cultural Tijuana, expressed enthusiasm for the concept of Mex- ican artists placing installations in San Diego and American ones siting work in Tijuana. "This is the truly international aspect or the (Insite '94) (estival," Pardo said. Lynda Forsha, who heads the curatorial department at the Museum or Contemporary Art, San Diego, has already announced she is leaving that institution as or this Sept. 1 to become director o( the [nsite project. "What distinguishes this (rom other biennials is its residencies," Forsha asserted. ''What has made this binational region appealing ror those who live and work here - the beauty of its lands<:ape and the rich cultural diversity - also makes it attractive to artists (rom elsewhere." [nstallation's budget (or [nsite '94 is projected to be $500.000, Krichman said, and two-thirds o( those (unds are already in place. This includes $125.000 ror commissioned projects and $100.000 ror a catalog, which will be assembled and edited by Sally Yard, chair of the Department afFine Arts at the University or San Diego. A guideuook to the rar-nung exhibits also will be published. Area institutions will (und their exhibitions (rom their respedive budgets. The Pan Pacilic lIotel in downtown San Diego has already agreed to house visiting artists, who will be creating work (or specific locales to be displayed dur- ing [nsite '94. I() ~I .~ "--..J \C'I - tel ~ Q ~ t- o,) ~ ~ '" t'1 ." o '" '" ?- c' o < o . ::; ~ o 3 ~ N o ~ o <0 '"' ~ .,...;.;,,\ '~J ~,. ; ,Ail ,_'- I Panoram'ca ~n qur flguraron ~KlcBno. y nortramrrlcsno. pla"~"ndo III c~I~brnc16n para el94 de porllclpoclOn de srll.,.. de ambo. Isdo5 de III fronters en Is rrlll/zsclon de Anle '"slnIBelim INSITE 94. f Gerardo Nsvsrro, dlreclor gener.' drllNBA y Pedro DcllOB, dlreclor del CecuI, comblsOOo Impre.lone. .obre el novedoso proyecto Inlernnclon81 en que lomora" parle plntores de ambo. Plllses, It--- :--1 u Particioacion dellNBA Exhibicion Binacional deArte-Instalacion INSITE (~!l una clhibici6n lJinacional dc artc . ill~laJac...tdn fltlC Irndr' corno rM:f:lluMJ la wnJl (rolltcroa dr lijllana - San Dit'go d aoo cnlranlc, Eslc proYf'Cto rslc\ "U!':tl'l1lado en irnportallh'" in~liItJcinflcR cullurales y Htlh{'TII;IIllr.III:11('~ tit' E!';tados ('nidus y Mhko, dc las {Jll1' (1(.~tacall, EI <':onst'j(1 N:tdonal rar.li la ClIltUr.Ii y la, ^rlf'!':,;1 frav(-p,ddlnsfilulo Nociona de ndlas Arte!JY eI ("('nllo Cultural 'lijuana. La rxhihicK'ln n:plnrad una de b!il ralf'gorfas mh ~Ii,dllli(~as tic-I .ute {.()lIlrll1por;\'I(~, flue C8 d iu1c dr. IIJslaladoll, campo rn (')f,IIC Irabaj.,riJlIIIA~dccilleUl'lIla arti!'Ia.~ para csta nmesln. 1.0 (IIIC haec difcrcnte II pruyccto INSrrE 94, cs que !as obras scnin exhlbidasenrlirc~nlcs silios cspecllicos, para inleracluardirecla Y c!Jlt:ticamrnle, ohm y cspado. Eslc proyr.eln involucra a mAs de veinlicinco in!1ilitucione9 de cullur3 y gobicrl1o. las ctlalrs Soon cllcabczada!1i por dcslacadas pcrsonalidades dc ""cslra zona Cmnlcnza, cll09 8On: cl Dr. Gerardo Eslrada Hntlrlgucz. director del Instituto Nadonal de Bellas Arh'S, I )edro Orhoa, direclor del Cent m CulhllClllijuillla, IIl1gh Davies, din.'clor del Museum nC ConlcJI1l>orary Art de San Diego, Lynd. Fo,"h.. di",elor de INS 'm 94 y Michael Krichman, prcsKlcI11cdc Inslallalion Gallery. 1.1. 1.11 \II' ,\ I! " . I' ,\i:. I. '''" IIII.IIT I 11.\ I>. 11l1~' I lie II h lJ F .1 \I N 111 III': 111'11. 'r- '-l '\ Participa larnbif.n d XIV Ayuntamiento de 'lijuana a travf.s de su DqJ3rtnmcnlo de Cu!tura, ()re!tidldo (H)T Maris3 giinchcz. La in~tiluci6n gub(~rllilll1cfllal. conjunlamrlllc conel Cenlro ClIltural'liju3113, invilan\n a participar a las univrrsirI;HI(~s de Ti/'uana: lInivc~i(I;HI AuI6nom3 de Baja Caliromia, Ccntro ( c Estutlio!t Tl-'cnko r. S1lpcrior, Univcrsidad Ibrroal1lcricana y e1lnsliluto rccnol6gko de 'njuana, r,ara que prcslen ~w, l'Icrvidos con la nnalidad de (Iue a 11 scan cxhihidaslas ohms. Olras ofR:lIlizaciuncs qUI! talllbifn apoyan a INSITE 94 son, la Asociaci6n Cultural Hlo Hita, el I.:okgiu de la Cmlllr.ra nOl1e. la casa de 13 Cuhura y la Galrrla de la ChHhul. ~~~ Ad~~ ~~............. ......~"'"~ ~- ~- .~ 6u C1lY OF CHULA VISTA OFFICE OF THE CITY ATTORNEY September 9, 1994 Mr. Joe Garcia Chula V~sta, Ca. 91910 Re: Oral Communications Dear Mr. Garcia: Thank you for your letter of September 6, 1994. Please be advised that the practice and procedure of the City Council is to tolerate and encourage any member of the public to speak on any item on the agenda at the time the agenda item arises and that the placement of oral communications on the agenda is an opportunity for any member of the public to address the Council on any matter not on the public agenda. Therefore, if you wish to talk about labor negotiations or the cost of public employee's salaries or benefits, you may do so under oral communications or pull the item for public discussion before the Council goes into Closed Session discussion on an item. Because you requested that your letter be agendized for discussion at the next City Council meeting, we will accommodate that request. If this letter provides sufficient explanation of your rights, you can always request, at the Council meeting when the written communication is discussed, that you have been satisfied with this response. Otherwise, you can come to dias and discuss your written comm 'cation. You will need to pull it off the Consent Agenda. r ce M. Boogaard city Attorney BMB: 19k c: \It\garc1a 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691.5037 AUTHORIZATION FOR TEMPORARY ENCROACHMENT IN CITY RIGHT OF WAY r i -' PERMIT NO. PE-316 Application Fee: Receipt No: Inspection Fee: Receipt No.: $105.00 132043 $45.00 Pursuant to Chapter 12.28 of the Chula Vista Municipal Code, permission is hereby granted to: MICHAEL SCHNORR ("Permittee") to do work within a portion of right of way belonging to the City of Chula Vista ("City"). Whereas, the Permittee has requested the permission of the City to encroach on the City's right of way adjacent to and for the direct benefit of the property at POGGI CANYON AT EAST END OF ORANGE AVENUE to do the following work: Erect three photo panels (8 ft. x 10 ft.) with enlarged photographs of Poggi Canyon in accordance with Exhibit" A". Now, therefore, in consideration of their mutual promises, and other good and valuable consideration, the parties hereto agree as follows: Permission is hereby granted to Permittee to install the above-mentioned encroachment on the real property belonging to the City as described above in accordance with the following conditions: 1. The encroachment shall be installed under the authorization of a permit issued by the Department of Building and Housing of the City. 2. Maintenance, removal or relocation of the above-mentioned installation of the private facilities shall be the sole responsibility of Permittee, or lessee at no expense to the City. 3. If disturbed, all street surface improvements shall be restored to their original condition upon removal of the temporary encroachment. 4. This permit becomes null and void SIXTY (60) DAYS from the date of issuance, unless otherwise extended or terminated at an earlier date by the City Engineer in conformance with procedure stated hereinafter. 5. PERMITTEE shall apply an anti-graffiti material to the encroaching object of a type and nature that is acceptable to the Director of Public Works. Page 1 of 2 6. PERMITTEE shall immediately remove any graffiti from the encroaching object. 7. CITY shall have the right to remove graffiti at the discretion of the City Engineer. 8. PERMITTEE shall not block sight distance for drivers traveling southbound, entering East Orange from Brandywine Avenue (see attached Exhibit" A"). This permit is revocable upon thirty (30) days written notice to Permittee, and upon such notice, the installation must be removed, or relocated, as may be specified by the City at Permittee's expense at the said time. If Permittee fails to remove or relocate the encroachment within the period allotted, the City may cause such work to be done and the cost thereof shall be imposed as a lien upon Permittee's property. Permittee shall defend, indemnify, protect and hold harmless the City: its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Permittee, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Permittee's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Permittee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Permittee's indemnification of City shall not be limited by any prior or subsequent declaration by the Permittee. The undersigned Permittee hereby accepts the foregoing encroachment permit upon the terms above set forth and agrees to all of the conditions and covenants on its part to be performed. It is understood and agreed that, in addition to the above conditions, all applicable conditions of the City of Chula Vista Municipal Code are incorporated herein by reference as if set out in full. APPLICANT: CITY ENGINEER OF THE CITY OF CHULA VISTA: (please print) Name By Address Date Signature Page 2 of 2 8RANPYW/N! AR.E4 TD el! ~P1 CL.eA/l:. Dr: I SIch4r oesTltl.lCrlOIlS I --I Av~. pL--' ftI )> '" ~ -- STlt!!f L,'IlT (riPIGAL..) ~ Pllt1' A~ ~o~ .... "'J..{ () ~ ~ % " ..... tI\ eJC'STI~G A.C. APPIZO". \..OC. ~,.o .pArcD ( T'(PICAl..) > o!::::::=!!lI <. 1I\ z. c: " EXHIBIT U A II I l ~J FILE NO_ PEl.' '3," OWN BY: j ~ DATE: Q!qj.,4- TEMPORARY ENCROACHMENT 500 BLOCK' E. ORANt7E AVENUE COUNCIL AGENDA STATEMENT COIMIQ,....f ''''~ Ol^t .? I ' If ~JO ~r-Iq Item t~ \..01 Meeting Date 9~13/94 q 2D/~~ ~J / ITEM TITLE: a~NO ~!lrl~e ,:J.{,1)7 Amending Ordinance No. 2251, as R(~O\NG amended, to provide for a procedure for the . S(CONO reduction and/or deferral of the Transportation DIF for short term, Interim Facility Users. Resolution J 7~f.>" Amending Master Fee Schedule to permit reduction and/or deferral of Capital- Facilities Fees for Interim Facilities Users ,r' Public Hearing to consider the request of Bonita Country Day for a reduction and/or deferral of certain fees. c,);;( -Res ution I ,e..>~ pproving agreem~ with Boni a Cou ry Day School f r prora ion and defer al of the tra sportatio DIF a other speci 'ed fee. b) SUBMITTED BY: Director of Public Works REVIEWED BY: City "r1anager %~ (4/5ths Vote: Yes_No-Ll At the 9/6/94 Council meeting, Council directed staff to consider deferral of fees for the Bonita country Day School proposal at 625 Otay Lakes Road. The Bonita country Day School is a prospective lessee of a portion of a 4.14 acre parcel (Risen Savior Lutheran Church site) located along the east side of otay Lakes Road north of East H Street (see Exhibit A). The prospective lessee is requesting that all Department of Public Works' fees be deferred for the proposed, temporary, non-profit school. Deferral of Public Facilities DIF is not necessary as non-profit community purpose facilities are exempt under that ordinance. RECOMMENDATION: That council hold the public hearing and adopt the resolutions amending the Master Fee Schedule and approving the agreement with Bonita Country Day and adopt the Ordinance amending Ordinance 2251. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Backqround The project site is located on the same site as the Risen Savior Lutheran Church which previously built a church on the site. Bonita Country Day School ("Applicant) proposes to use a portion of the property for a period of 5 years and perhaps longer depending on the II~r ",.?' (, -\ Page 2, Item I!I' ~ Meeting Date~~/20/,~ Church and its plans for the site. The applicant proposes to move-on six buildings to be used as a temporary school. The applicant has requested a deferral of all Department of Public Works' fees on the basis that the proposed school is a non-profit organization similar to churches (see Exhibit B). Typically, churches' fees associated with mitigating traffic impacts have been deferred pending outcome on a Council policy for non-profit, community service institutions. The applicant has provided documents to indicate that they are a non-profit organization under state and federal regulations (see Exhibit B). Staff has issued permits for the "move-on" buildings pending the outcome of the fee waiver/reduction. The applicant has indicated that these issues need to be resolved in time for the applicant to meet the school starting date of September 19, less than one week from today. Transportation Development Impact Fees (TDIFI The city's TDIF is intended to finance public transportation facilities needed to accommodate increased traffic created by development within the city of Chula Vista. New development contributes to the cumulative burden on the transportation facilities in direct relationship to the amount of average daily traffic trips generated by the development. The TDIF fee currently stands at $3,060 per EDU (10 trips) and, for the school site, according to Sandag generation rates, there would be an additional 81 trips. Based on this, the fee payable at building permit issuance would be $~4,786. Sewer Capacitv. Sewer Administration and Traffic Sianal Fees (TSFI The Sewer Administration fee is $ 30.00 and is to cover the cost of permit processing. The TSF would be $1,053 (81 trips x $13/trip). The amount of fee being requested to be deferred for sewer capacity is not know at this time because the plans did not include the plumbing fixtures. The fee is based on the number of equivalent fixture units (which vary for each type of plumbing fixture) being proposed. Those units are converted to equivalent dwelling units (EDU), resulting in an amount equal to the number of EDU'S multiplied by $2,220.00. The applicant has indicated that the total EDU will be less than one, thus his fee will be $2,220. Due to the small amount staff is not recommending deferral of the sewer fee. Churches and other non-profit organizations have always paid their sewer fees up front. Basis For Deferral/ Waiver or Reduction The TDIF procedure for waiver or reduction in the fee is dictated by Ordinance 2251 which provides for Council to waive or reduce the fee if the fee is unconstitutional or unrelated to the mitigation of the traffic needs or burdens of the development. The sewer capacity,TSF and sewer administration fee waiver procedure is governed by the Master Fee Schedule. That procedure currently indicates that Council must find that a peculiar economic hardship or other injustice would result to the applicant which outweighs, when balanced /~." - _r-'" 6-2- Page 3, Item Meeting Date 5 f.o against, the need of the City for revenue and the need for a uniform method of recovering the same from those against whom it is imposed. The proposed revision to Ordinance 2251 addresses situations where the use is short term and interim. The revision provides for special considerations if the use is for 10 years or less or if there is economic hardship. Conditions may be applied requiring interest to be paid on the deferred amounts, and an agreement executed to secure the amount being deferred. In addition the use must provide a significant public benefit. Aqreement with Bonita Countrv Dav School The agreement before Council provides for the school to pay 50% of the TDIF or $12,393.00 over a 5 year period at 6% interest on a annual basis. The yearly payment will be $ 2,478.60. The remaining. 50% will be due and payable if the school exceeds the interim use period of 5 years or the Conditional Use Permit may be revoked. In addition, the agreement states that there will be loss of credit for the contribution towards the TDIF upon termination of the interim use. No other fees are proposed to be reduced or deferred under the agreement. The applicant will be able to transfer the principal amount of his payments on the TDIF if he relocates within one year if within the TDIF area subject to approval by the City and the owner of the property. . Public Hearinq Notice Under Ordinance 2547, which adopted the Master Fee Schedule, Council must conduct a publ ic hearing. The notice of the hearing is not required to be published. Notice is required to be given to the applicant and any other party or parties requesting notice. The applicant, Mr. Paul Catanzaro, and the Construction Federation Industry have been noticed. Conclusion staff concurs with the applicant that the temporary nature of his project at that location deserves special consideration. Staff recommends that the payment schedule be approved and that an agreement with the City to make payments be entered into. Staff further recommends that Council authorize the City Engineer to execute said agreement with the developer for the collection of the TDIF and allowing the transfer of these fees to a future site under certain circumstances. The fee deferral shall be contingent upon execution of the agreement and disclosure to the church of the transfer provision. FISCAL IMPACT: Approval of the resolution will provide for the collection of $2,478.60 in TDIF and collection of $1,053 in Traffic signal Fee, at least $2,220 in sewer capacity fees and the $ 30 sewer administration fee. Additional TDIF fees will be collected depending upon the length of the interim use up to the full TDIF. ~ G,-~ DDS/File No.: Attachments: A) B) Page 4, Item Meeting Date 5 HX-03l WPC F:\ho.e\engineer\agenda\1B08.94 C) Map of proposed development Letter from Developer requesting waiver/reduction and non-profit documents Proposed agreement ~ s. 'IE (t}, \4 a-c) , , , \ , , , \ , .-,), .-'- .- , , , t:...x H IBIT A ~ ~ N-r.':, Bonila Counlry Day School Teachtng students how to think. not u:har to think September 1. 1994 Donna Snider, Civil Engineer Public Works Department Assessment Districts 276 Fourth Avenue Chula Vista, Ca. 91910 Dear Ms. Snider, I would like to request that all fees your department charges be deferred under the same conditions as other non profit (501c3) organizations such as The Risen Savior Lutheran Church, The Corpus Christi Catholic Church, et al. It is my understanding that this can be accomplished on a staff level within the City Managers office as the City Council has already ruled on this procedure. I further understand that the City Attorney has seen to it that all organizations presently classified as bona fide 501c3 status must be considered for this deferral. If for any reason there is a City Council review of our situation necessary please submit this immediately so that it will be put on the September 12th agenda. Thank you for your immediate consideration and action on this issue as the school has a starting date of September 19, 1994 which adds real urgency to finding an immediate solution to this problem. I have attached copies of both our State and Federal non profit status for your file. cc Mayor Nader PObt Office !lox 1226. !lonita. CA 91908 · (619) 656-0141 E:xhlb\t B .A' (, - C.-b ------, 5T A TEMENT BY DOMESTIC NONPROFIT CORPORATION ~tatc of QIulifonllu ~~llrdl1fl111g jEll ~l'l"rdllrl.! .,1 jiotllll' PO II'I} 911.., j( SJr"lfl'\'I'I(, "/, l;j"i44 Ut'J(; pt)l)IH' :91t; I~.l: :)/'20 THIS STATEMENT MUST BE FILED WITH CALIFORNIA SECRETARY OF STATE (SECTIONS 6210,8210 9660 CORPORATIONS CODE) THE $5 FILING FEE MUST ACCOMPANY THIS STATEMENT. , 1 , ,. , ) C1565S62 FB DUE DATE 01-31-93 BONITA COUNTRl DAY SCHOOL 2400 FENTON STREET, SUITE 200 CHULA VISTA~ CA 91913 C2285N' 00 NOT AI. TER PREPRINTED NAME IF ITEM 1 IS BLANK, PI.EASE" ENTER COR~OR,6.'F. "'AME 00 NOT WRITE IN nus ':iF'A(;f PLEASl READ "STRUCTIONS ON BACK OF FOR". PLEASE TYPE OR USl BL.ACK INK WtaCH WOUlD BE fUlT ABLE FOR IIICROF..-.<i. THE CALIFORNIA CORPORATION NAMED HEREIN, MAKES lHE FOLLOWING STATEMENT " 2 STREET AOOAESS (.If ~RI,,"l'II'AI. OF~'lf 1111 NONe COMPI.E1 E 3.3111 S,,-,,1( OF! A()";~! J. 2400 Fenton street lOO NO' vIE 11',0 .Oll. NO.) . MAll.lNO ...OO"IIIS 'Suite 2001 , Chula Vista, California cn~ AND STAT' 91913 ll~ COOl .VITII 0" "OOM 3A l-jti- I 91913 2400 Fenton Street SUite 200 Chula Vista, California ,;,1 ~ Ar.c , I A! t ~;.,....t THE NAMES OF THE FOLLOWING OFFICERS ARE; i" 372 Camino Elevado ;' Bonita, Californiai 91902 BuSINESS OR RESIDENce ADDRESS IU,,", ,,"01 U'j( ;;, U U,",A.II (.:11' ANt: S!!'..!~___,_. _____,........,. '~.22~f; SA. .-----.--.'----':h .5' \372 Camino Elevado ' Bonita, California: 91902 I; BuSINESS OR RESIDINCI ALll;,IAISS 100 NOl USt P U ao^, I t:11'1 AND S1 ATE I ...... COOE eA. I e. ~ec-' \ Same as Above I EI'JS,""ES~ '.:,>1Ol R!S'l;,I!NCr ACol'. I1f "., ,~.'-' _.()1 U'if I> (.: 'I.... .. .' ~ 4. I ,Paul A. Catanzaro , ; I, I , Suzanne CHII' IXICuTIVE O"FICt" Catanzaro ! . IIC"l!lAlltY i :Paul A. Catanzaro (,.1" A...:...- ,';' 't CHllfF" FINANC,A. OFFICEIII 10.. "liIeH'l II .UIol....~..1. I' I;,.A..W<H!I"'" 'li1"",lfC"" "flU"I',""" PL....,. .....0 ,...... ., ..."t. e PN ...v....... ..n", 0" "011"" DESIGNATED AGENT FOR SERVICE OF PROCESS : 7 NAME _ 8 CAI..IFOANIA eTAl!:l!T -"OOIltES.'~ AGINT IS ...,.,.NOI.'UUAI.. 'DO NOT u.. ~C' flO'" UL' "'", '..'......lJr ~"'l."t"'" ..u...., '... ('~.u.....r.v.. Paul A. Catanzaro 2400 Fenton Street, Suite 200 ._- -.---------.-----'-- Chula Vista, CA 91913 .,----- ----.-------- LJW.9J..3.2 Jres.1dent/.CEO ..I?~\!l_"', CatanzilrQ ClATf: "T. f ,.pr ')J'/ .,",~.~ ......'..1 ~.: 0;;;'':'' '. .n ,'q ,I OrCI..AAE 1101A1 . HAvE IIIAMINED 11011'-; '51f1'fMt'N' ""Nl1 H) ',.r tif<;1 '.' .... "',..',...~fl'..F Id,H It', ,- !-: )(HIBlT ~ JfI /- (,,--' AM /0 100 Rlv g.1S1 ....-..,. .. INTERIW.. REVENUE SERVICE DISTRICT DIRECTOR 2 CUPANIA CIRCLE "ONTEREY PARK, CA 91754 IEftMTNENT OF TIlE TREMURY Date: OCT. ,21, 1991 EMployer Identification NUMber: 33-0405997 Case NUI'!ber: 931269061 Contact Perfoon: M"I.I'ITDARNA, CHITRI'I Contact Telephone NUMber: (?l3) 725-"'619 BONllA COUNTRY DAY SCHOOL 4190 BONITA ROAD SUITE 206 A BONITA, CA 91902 Accounting Period Ending: July 31 ForI'! 990 Required: YI!~ AddenduM Applies: No Dear Applicant: Bafied on inforMation foupplied, and assuMing your operations will be afo r.hh'l1 in your application for relo~ni1i"n of eleMption, wr havp d"t"r",in..d you are ele"'pt frOM rederal 1nco",e tal under .ection 301(a) of the Internal Revenup Cod.. as an org.nilation described in ,('ction 501(c)(3). We have further deter"'lned that you are not a private foundation within thp MPan;n9 of "pctinn 509(,,) of tI", Code, betau".. you .H.. an O'!I~", ..tion ller,c llbed in sections S09C a)( 1) and 1701b) (tj(A)( i i). If your sourcefo of support, or your purposes, character, or ",ethod of oppratlon changE', pleas.. h,t us know so wp can consider th.. eHI'ct of the change on your eleMpt status and foundation ,tatus. In the case of an .",end- Ment to your or~anitational doclII..nt or bylaws, plea~e ,..nd us d cOny of the aMended dOCUMent or bylawfo. Also, you should infor", us of .11 changes in your n.~.. or .ddr~~~. As of January I, 19B4, you .re liable for t.les under the Feder.l In,uranc.. Contrib..tion~ Ac t (soci,,1 security tares) on re",uneration of .100 or I'Iore you pay to each of your e",ployee, during a calend.r year. You .re not liablp for th.. tal i"'pofopd undrr the rederal Une"'ploy",ent lal Act (rUTA). Slnce you are not . priv.te foundation, you .re not subject to the elci.e tales un'ler Chapter 42 of the Code. However, you are not .utoMatically eleMPt fro", other reder.l elcise tales. If you have .ny questions about elcise, p"'ploy",rnt, or other federal tales, please let us know. Donor, ""y deduct contributions to you as provided in .ection 170 of the Code. Bequefot5, I"'gacles, devises, transfers, or gifts to you or for your use.> are deduct1ble for federal estate and gift tal purpOfoes if they "'eet the applicahle provisions of Code se.tion" 2055, 2106, and 2522. Contribution deductions are .llowable to donors their contributions dre gifts, with no consideration Ex. l-1I6\ '( .5 only to the eltent that rec..ived. Ticket pur- - J~~~ "".6 V Letter 947(CG) ~_ , / / -2- BONITA COUNTRY DAY SCHOOL ch.sps ond si~il.r p.y~.nts in conjunction with fundr.ilino Iv,nts ~'Y not n..c.......rily qu.lify ... dedllr.tLbl.. contnbution.., d..pP.nding on thp. circu~- ..t.nc..... s.... R..~..nu.. Ruling 67-246, publi..h..d in Cu~ul.ti~.. Bull..tin 1967-2, on pagp 104, which ....t.. forth guidp.lin~.. r..g.rding th.. deductibility, a. ch.r,- t.bl. contr,butions, of p.y~..nts ~.d. by t,"p.y.rs for .d~ission to or other particip.tion in fundr.ising activiti.., for ch.rity. In th.. he.ding of th,.. l..tt..r w.. h.ve indic.t..d wh..th..r you ~ust fil.. For~ 990, Return of Org.niration E..~pt Fro~ Inco~.. T... If Yrs is indic.ted, you .r.. r..qu,r..d to fil.. For~ 990 only if your gross r.c.ipts ..ch y..r .re nor~.lly ~or.. than '25,000. How"v"r, if you r..c.i~e . Fnr~ 990 p.ck.ge ,n th.. ~.,l, pl.....e f,le th.. r..turn ..ven ,f you do not ...ce..d the gross r..c..'pt.. test. If you .re not required to fil... hi"ply .ttach thp I.bel provided. chetk the bOI in the h...d,ng to ind.c.te th.t your .nnu.l gross rec.ipt.. .r. nor~.lly '25,000 or I....'. .nd s'gn thp. return. If . return i.. required. it "u..t b.. fil..d by the 15th d.y of th.. fifih "onth .ftpr thp pnd of your .nnu.l accountin9 p..riod. A p..n.lty of tl0 . d.y .s ch.rg..d wh..n . return is fil..d l.te. unless there ,s r..son.bl.. c.us. for thP. del.y. However. the "a'I"U" penalty charg..d c.nnot e.c..ed '5,000 or 5 per- c..nt of your gro.... r..c..ipts for the y...r. whiche~..r is 1..... This p..n.lty ",y .1..0 bp ch,"ged if. return i.. not co"plete. 1.0 ple,sl' be ,"ure your return i.. co~plete befor.. you f,l" ,t. , You .re not r..quir..d to fil.. Feder.l inco"e t.1 r..turns unless you .r.. ..ubject to th.. t.. on unr..lated businl'Col; inco"e under ....ction 511 of the Code. If you .r.. subject to th,.. t.., you "ust f,l.. .n ,nco"e t.1 return on For" 990-T. EIP~pt Org.n't.tlon Ru..in...... Inca".. T.. R..turn. In thi.. letter we are not d..ter~'n'ng wheth..r .ny of your pr....ent or propo....d .ct'~.ti.... .re unre- hted t,ad.. or bu..in..ss .,. d..fint'd in !.I'ction 513 of th.. Cod... You need .n ..~ployer id..ntific.tion nu"ber .ven if you h.~.. no e"ploy..e... If .n ""ployer ,d..ntific.tion nu"b.r ..... not l!ntered on. your .pplic.t,on, a nu~ber 10,11 b.. ....'gned to you .nd you ..i 11 be .dvi....d of it. Pl..... use th.t nu"ber all .11 r..turn!. you filp .nd in all correr.pondenc.. ..ith the Int"rnal Re~.nue S..r~ice. R..~enue Proc..dur.. 75-50. publish..d in Cu~ul.ti~e Bulletin 1975-2 on p.g.. 587. ....ts forth guideline.. and rpcClrdke..ping requi r""I'nts for det..r"ining ..hether priv.t.. schools ha~. r.ci.lly nondiscri~in.tory polic,.s .s to studltnts. Ynu "'1St co"ply ..Hh this rev.nue proc.dure to "dintain your t..-elenpt st.tus. If ..e h.~. indic.t..d in the h..ding of th" l.tt.r th.t an .dd.ndu~ .pplil!s, thp enclos..d .ddendu" IS .n int.gr.l p.rt of this letter. Recause this letter could help r.sol~e .ny questions .bout your ele~pt .t.tus and foundation ..t.tus. you hhould kepp it in your prr~anpnt rrrord~. If you h.~e .ny question... ple.s. cont.ct th.. \ t II Ek\-ltBI T B p.rson whos. n.~. ~J SJ..-r L"thr 947(CG) 6-q .nd / 'I . , ! -3- BONllA COUN1RY,DAY SCHOOL telephone nu~ber .re shown in the he.ding of this letter. Sincerely your~, . Hich.el J. Quinn District Director pI - Y.7 -, , letter '..7(C&) fe-tO ,\\O~ ~\0 .....\)0<( ., ~ ,If} J ",v r ORDINANCE NO. -< U V 7 c,\>I ~~\)\~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 1\\\) ~ CHULA VISTA AMENDING ORDINANCE NO. 2251, AS ~CO AMENDED, TO PROVIDE FOR A PROCEDURE FOR S REDUCTION AND/OR DEFERRAL OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE FOR SHORT TERM, INTERIM FACILITY USERS. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN AS FOLLOWS: section 1. Section 5 of Ordinance No. 2251, as has been from time to time amended, is hereby further amended to read as follows: "section 5. Procedure for Fee Waiver or Reduction. Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the fee imposed by this ordinance is unconstitutional, or unrelated to mitigation of the traffic needs or burdens of the development, may apply to the city Council for a waiverL-er reduction. or deferral of the fee. A development which is desianed and intended as a temporary use (10 years or less) and which is conducted in facilities which are. bY their nature. short term interim facilities such a portable or modular buildinas (includina mobile homes. trailers. etc.) may aualifY for a waiver. reduction or deferral. In addition. a deferral may be aranted on the basis of demon stated economic harship on the condition that (1) the use offers a sianificant public benefit: (2) the amount deferred bears interest at a fair market rate so as to constitute an approximate value equivalent to a cash paYment: and (3) the amount deferred is adequately secured by aareement with the applicant. Unless the requirement for timelY filina is waived by the city. t~he application shall be made in writing and filed with the City Clerk not later than ten (10) days after notice of the public hearing on the development permit application for the project is given, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of waiver or reduction. The City Council shall consider the application at a public hearina on same notice of which need not be published other than by description on the aaenda of the meetina at which the public hearina is held. Said public hearina should be held within sixty (10) days after its filing. The decision of the City Council shall be final. If a deferral. reduction or waiver is granted, it should be aranted pursuant to an aareement with the applicant. and the property owner. if different from the applicant. orovidina that any change in use within the project shall subject the development to payment of the full fee. The procedure provided by this section is additional to any other INFORMATION PACKET SCANNED AT FIRST READING OF THIS ORDINANCE ON: ~h./~/CJC;"Lj 6-/ procedure authorize by law for protesting or fee imposed by this ordinance." Presented by: ~l~.. 'if'n P. Li pt. \ rector of Public Wor~s \ \ "\ , '\~ '-- "-" v~"'. "J" Br~ce M. Boo~aard City Attorney ,....,.. \ \. . \ _J'/f..X G:.-'"'2. lenging the COUNCIL AGENDA STATEMENT Item L Meeting Date 09/20/94 Resolution 17t.~() Accepting bids and awarding contract for landscape maintenance of medians ITEM TITLE: Director of FinanceW t1 Director of Parks and Recreatio~~ 1////1. City Manager lJ ~ :I ) ( 4/5ths Vote: Yes _ No .xJ Maintenance of the City's landscaped medians was approved in the FY 94/95 budget for contract to private landscape contractors and funded by Gas Tax revenue. There are twelve (12) medians and approximately 200,000 square feet of landscaped medians to be maintained. (Attachment nAn) SUBMITTED BY: REVIEWED BY: RECOMMENDATION: That Council adopt the resolution and accept the bids and award the contract to New Way Professional Landscape Services. BOARDS/COMMISSIONS RECOMMENDATION: N/ A. DISCUSSION: The landscape maintenance of median islands, not included in an Open Space Maintenance District, are maintained by existing City forces. In FY 93/94, the Department assumed the maintenance responsibility of the new Broadway Medians (0.3 acres) from nLn Street to Oxford and the Chula Vista Community Park (12.9 acres) in Eastlake. These additional acres would have necessitated the hiring of an equivalent of 2.0 FTE employees in order to not impact existing work loads. During the budgetary process for FY 94/95, the Department recommended reassigning park staff responsible for median maintenance to maintain the new park and to contract out maintenance of median islands utilizing Gas Tax as a funding source. The scenario lessened the impact on the general fund while providing the necessary resources to properly maintain the new park and the landscape medians. Notices for median landscaping were published and the sealed bids were received at the Office of the Purchasing Agent on August 15, 1994. The following bids were received: BIDDER AMOUNT New Way Professional Landscape Service - San Diego $50,499.62 Blue Skies Landscape Maintenance - San Diego $53,520.00 R.C. Landscape - Bonita $61,150.00 [contract.a13] 7-/ Page 2, Item 2 Meeting Date 09120/94 The bid of New Way Professional Landscape Services for $50,499.62 is less than the $69,700 budgeted. The term is for a one year period. Staff recommends award of this contract to New Way. FISCAL IMPACT: Sufficient Gas Tax funds are budgeted in account 100-1520-5298, Park Maintenance - Other Contractual Services; to contract with the low bidder, and to reimburse staff costs incurred, for the first quarter of FY 94/95. [contract.al3] 7"' :L RESOLUTION NO. 17t.~P RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR LANDSCAPE MAINTENANCE OF MEDIANS WHEREAS, maintenance of the City's landscaped medians was approved in the FY 94/95 budget for contract to private landscape contractors and funded by Gas Tax revenue; and WHEREAS, there are 12 medians and approximately 200,000 square feet of landscaped medians to be maintained; and WHEREAS, the following three bids were received: New Way Professional Landscape Service San Diego $50,499.62 Blue Skies Landscape Maintenance San Diego $53,520.00 R. C. Landscape Bonita $61,150.00 WHEREAS, the low bid of New Way Professional Landscape Services was reviewed by the Deputy Director of Parks and is within budget estimate and staff recommends award of this contract to New Way. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby accept said three bids and awards the contract for landscape maintenance of medians to New Way Professional Landscape Service in the amount of $50,499.62. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said contract for and on behalf of the city of C la vista. ove~ 7, o:v Presented by Jess Valenzuela, Director of Parks and Recreation Bruce M. Attorney C:\rs\Median.bid ?'J ATTACHMENT A ~ -t. FREQUENCY OF TASK MEDIAN LANDSCAPE SQ.FT MINIMUM MAINTENANCE TASK Bonita Point Plaza - Shrubs, trees, ground cover, automatic 3,000 Prune shrubs quarterly; pick up liller once 790 'h Otay Lakes Road irrigation per month; check irrigation bi-monthly; prune trees annually Marina View - Turf, trees, shrubs, automatic irrigation 20,650 Mow, edge, general clean-up weekly; Bay Blvd to Marina Parkway check irrigation bi-weekly; prune shrubs quarterly East 'H' Street Turf, trees, shrubs, automatic irrigation 10,600 Mow, edge, general clean-up weekly; 1638'/2 East 'H' Street prune shrubs quarterly; check irrigation bi- weekly East 'J' Street Shrubs, trees, automatic irrigation 8,700 Prune shrubs quarterly; check irrigation bi- Lori Lane & East 'J' Street monthly; general clean-up monthly 'J' Street West Shrubs, trees, ground cover, automatic 6,000 Prune shrubs quarter; general clean-up bi- Broadway to 1-5 irrigation monthly; check irrigation monthly Orange Avenue Turf, shrubs, automatic irrigation 60,000 Mow, edge, general clean-up weekly, 4/1 Connelly A venue to Oleander through 10/3; mow, edge, general clean-up ! bi-weekly 1111 through 3/30; check irrigation bi-weekly Parkway (Between 3rd & 4th Ave); 3rd Ave Turf, automatic irrigation 28,150 Mow, edge, general clean-up weekly 4/1 (Madrona/F Street) through 10/30; mow, edge, general clean- up bi-weekly 1111 through 3/30; check irrigation biweekly 'E' Street/I-805 Shrubs, automatic irrigation 1,252 Pruning quarterly, monthly general clean- Across from Denny's up; check irrigation monthly Broadway/Anita Street Plants, ground cover, trees, automatic 6,500 General clean-up bi-monthly; check irrigation irrigation monthly Broadway/Moss Street Ground cover, plants, trees 6,500 General clean-up bi-monthly; check irrigation monthly Telegraph Canyon Trees, shrubs irrigation 48,000 Keep median clean of weeds, prune shrubs Paseo Del Rey to East of Paseo Ladera quarterly; general clean-up bi-montWy as needed 'E'. 'H'. 'J' Streets, Tips/I-5 Shrubs, manual irrigation 750 Prune quarterly, weed and general clean-up bi-monthly A:\QPENSPACE\TASKTBLE.BlD September 14, 1994 COUNCIL AGENDA STATEMENT Item Meeting Date 09/20/94 l' ITEM TITLE: Resolution 17~~ I Amending the Youth at Risk Project Award from the University of California; and authorizing the City Manager, or his designee, to sign the amendment to the agreement between the City of Chula Vista and the Regents of the University of California Director of Parks and RecreatQ- /~& City Manager 19_1 ~\, (4/5ths Vote: Yes _ No X) ~'" SUBMITTED BY: REVIEWED BY: On July 1, 1992, the 4~H began a Latchkey Program (4~H Youth Development Program) at Lauderbach Community Center. The 4~H organization is a subsidiary of the University of California Extension Service. The 4~H receives funding, through the University of California, from the United States Department of Agriculture (USDA). In January of 1993, the 4~H requested that the City of Chula Vista act as a subcontractor, to expand youth~at~risk programs, such as Wiz Kidz (Drug Prevention and Gang Diversion Service), and a Science Club, at Lorna Verde Community Center and Wiz Kidz at Lauderbach Community Centers. On March 8, 1994, the City signed an agreement with the University of California for the 4~H Program (Attachment "A"). To continue to receive funds for the 4~H programs in Chula Vista, the City must amend its present agreement with the University of California for each year the program receives funds (Attachment "B"). RECOMMENDATION: That the City Council: 1. Amend the Youth at Risk Project Award Agreement from the University of California for the 4~H Youth Development Program; and 2. Authorize the City Manager, or his designee, to sign the amendment to the Agreement between the City of Chula Vista and the Regents of the University of California. BOARDS/COMMISSIONS RECOMMENDATION: On September 6, 1994, the Child Care Commission unanimously voted to endorse and support the continuation of the 4~H Youth Development Program (Attachment "C"). DISCUSSION: On June 30, 1992, the City Council authorized the Parks and Recreation Department to enter into a Facility Use Permit with the 4~H Youth Development Program. The 4~H Youth Development Program started the child care Latchkey Program on July 1, 1992. The 4~H Youth Development Program provides child care for 16 elementary age children year~round. The goal is to reach 28 elementary age children year~ round, the maximum allowed by State Licensing. This program originally operated in the afternoon hours (2:00 p_m. ~ 6:30 p_m.), Monday through Friday. The Latchkey Program operates much like the Department's Elementary After~School Program; however, children are signed in and stay at Lauderbach Center until a parent or guardian picks the child up. Agreement with the University of California For FY 94/95, the University of California has requested that the City sign an amendment to the original agreement (which had a term of September 1, 1993 through August 31, 1994), which specifies the terms and [AI 13 -child2.A13] ~I Item Meeting Date 09/20/94 r conditions for the receipt and use of the project award funds. The University of California's fiscal year runs from September through August. The amendment the Council is recommended to approve, extends the original agreement, dated September 1, 19931 through August 31, 1995. Total costs to be incurred by the City under this agreement shall not exceed $23,426 for the term of the agreement, without the prior written approval of the University of California. FISCAL IMPACT: None. All funds received from the University of California will be used to support the program, with no expenses attributable to the City's General Fund. The Department has developed a budget for the 4-H Program, which distributes the award funds between the Drug Prevention Program (Wiz Kidz) - $8,040; Science Club - $963; and Activity Hour - $14,423. Attachments: "A" - Agreement ~~ "B" - 1st Amendment to Agreement "C" - Child Care commis;* of September 6, 1994 The University of California, in their agreement amendment process, retains the original date of the commencement of an agreement, as part of the amendment term. [A113 - child2.A13] 2 lr~~ RESOLUTION NO. 17", 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE YOUTH AT RISK PROJECT AWARD FROM THE UNIVERSITY OF CALIFORNIA; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO SIGN THE AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA WHEREAS, Program (4-H Youth Center; and on July 1, 1992, the 4-H began a Latchkey Development Program) at Lauderbach Community WHEREAS, the 4-H organization, a University of California Extension Service, through the University of California, from Department of Agriculture (USDA); and subsidiary of the receives funding, the united States WHEREAS, in January of 1993, the 4-H requested that the city of Chula vista act as a subcontractor, to expand youth-at-risk programs, such as wiz Kidz (Drug Prevention and Gang Diversion service), and a Science Club, at Lorna Verde Community Center and wiz Kidz at Lauderbach Community Centers; and WHEREAS, the program, which the City of Chula vista provides through the Parks and Recreation Department, is reimbursed by the Uni versi ty of California from grant funds received from USDA; and WHEREAS, the 4-H has received several large grants in the last two years, of which, $23,426 has been allocated for each year of the subcontract with the city of Chula Vista; and WHEREAS, to continue to receive funds from the 4-H programs in Chula Vista, the City must amend its present agreement with the University of California for each year the program receives funds. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby approve the Amendment 1 to the Agreement between the Regents of the University of California and the City of Chula vista for the 4-H Youth Development Program, a copy of which is on file in the Office of the city Clerk as Document No. (to be completed by the Clerk in the final document) . BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to sign the Amendment to the Agreement between the City of Chula vista and the egents of the University of California. C:\rs\4HAlJlend ~"'::J Bruce M. Attorney Presented by Jess Valenzuela, Director of Parks and Recreation ;lH(;(/;'1!'Il-,f i'- / AGREEMENT NO. SA6035 AGREEMENT BETWEEN THE REGENTS OF THE UNIVERSITY OF CALIFORNIA and THE CITY OF CHULA VISTA . -, . ~ ~y 1dIB U__~'J...l't:t!'t UJ!.rnnYlfRNill ~ THIS AGREEMENT is entered into the first day of August, 1993, by and between The Regents of the university. of California, hereinafter called "UC", and the City of Chula Vista, Parks Ula Reereatoi9R gepar~ hereinafter called "Participant". WHEREAS, UC has received a project award from the USDA, Extension Service for the purpose of conducting a Youth at Risk project entitled "4-H AM/PM Club - Chula Vista", said award designated as Project No. 92-EYAR-l-0072. Participant hereby acknowledges and agrees to conform with the Special provisions attached hereto as Exhibit A and incorporated herein by reference. THEREFORE, it is mutually agreed that Participant will perform the work under the USDA, Extension Service Project Award as set forth below and outlined in the Scope of Work, Exhibit B, attached hereto and made a part of this agreement. support,for Drop In and Teen Programs Robert Morris, Senior Recreation Supervisor, city of Chula Vista, Parks and Recreation Department Article I - Allowable Cost and PaVlaent Title: Leader: A. Total costs to be incurred under this agreement shall not exceed $23,426 (Twenty-Three Thousand Four Hundred Twenty- six Dollars) without the prior written approval of UC. Limitation on costs must conform to the budget as outlined in Exhibits A and B. Indirect costs are not allowable costs under this agreement. B. UC shall reimburse participant for allowable direct costs incurred by Participant under this agreement in an amount not to exceed $23,426. Payment will be made by UC upon receipt and approval of invoices for actual costs incurred. Invoices shall be submitted not more frequently than monthly. Such invoices shall reference the agreement number SA6035 and shall be submitted to: Sue S. Manglallan, 4-H Youth Development Advisor University of California San Diego County Cooperative Extension 5555 OVerland Avenue, Building 4 San Diego, CA 92123 (t'i40~ L.o<\'f- 02.0 ~f /'L AGREEMENT NO. SA6035 The city of Chula vista, Parks and Recreation Department page 2 Invoices shall contain supporting detail information as reasonably required by UC. UC may retain 10 percent of any payment request or 10 percent of the total award until required reports have been submitted in accordance with Article II.C. of this agreement and reviewed by Sue A. Manglallan, or upon satisfactory completion of the services and delivery of the required reports. Any unexpended funds remaining at the termination of this agreement shall be returned to UC. C. Participant acknowledges and agrees that, as part of UC's implementation of OMB Circular A-133, UC will monitor Participant's performance under this agreement and, in the event of incomplete performance, UC may require Participant to obtain, at Participant's own expense, an independent audit of costs claimed under this agreement. Article II - General Provisions A. It is hereby agreed by and between the parties hereto that this agreement will commence on September 1, 1993 and will continue until August 31, 1994 or until such time as this agreement may be terminated by either party by giving written notice to the other party at least 30 days in advance of the proposed termination. B. Performance under this agreement shall be governed by the terms and conditions of the USDA, Extension Service Award attached hereto and made a part of this agreement. This agreement also includes the following: 1) Form AD-1048, Certification Regarding Debarment Lower Tier - Exhibit C; 2) Form AD-1049, certification Regarding Drug-Free Workplace Requirements incorporated by reference; 3) Certification Regarding Lobbying and Disclosure - Exhibit D, incorporated by reference; 4) OMB Circular A-2l Federal Cost Principles for Educational Institutions incorporated by reference. C. Participant agrees to prepare and submit to Sue S. Manglallan quarterly progress reports and a year end financial report. The year end financial report is due no later than September 15, 1994. D. without the written consent of UC, this agreement is not assignable by Participant either in whole or in part. E. No alteration or variation of the terms of this agreement , shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. i'""'~ p ) AGREEMENT NO. SA6035 The City of Chula Vista, Parks and Recreation Department page 3 F. participant, and the agents and employees of Participant, in the performance of this agreement, shall act in an independent capacity and not as officers or agents of UC. G. Financial records, supporting documents, and all other records pertinent to this agreement shall be retained for a period of four (4) years from the date of termination of this agreement. Records that are the subject matter of audits, appeals, litigation, or the settlement of claims arising out of the performance of this agreement shall be retained until such audits, appeals, litigations, or claims have been disposed of. Unless court actions or audit proceedings have been initiated, Participant may substitute copies made by microfilming, photocopying or similar methods for the original records. H. University, USDA, Extension Service, the Comptroller General of the United states, or any of their duly authorized representatives, shall have access to any books, documents, paper and records of Participant which are directly pertinent to this agreement for the purpose of making audits, examinations, excerpts and transcriptions. I. participant shall defend, indemnify and hold UC, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Participant, its officers, agents or employees. UC shall defend, indemnify and hold Participant, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of the agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of UC, its officers, agents or employees. J. Participant in executing this agreement is certifying that it is not currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this agreement by and federal department or agency, as described in the attached "Certification ~~? AGREEMENT NO. SA6035 The City of Chula Vista, Parks and Recreation Department page 4 Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions", which is attached hereto as Exhibit C. K. Participant in executing this agreement is certifying that, as of December 23, 1989, it neither has used nor will use any appropriated federal funds to lobby for or otherwise influence the awarding or amending of this agreement, and that it will disclose the use of any non-federal funds used for these purposes, as described in the attached "Certification and Disclosure Regarding Payments to Influence certain Federal Transactions", which is incorporated as Exhibit D. The substance of this clause shall be incorporated in all subcontracts under this agreement at any tier. IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first written. FOR: THE CITY OF CHULA VISTA, 'fJ1!1'f1IJI.rmr1 IfJ'l /J!(lN$ lal ~0i11 FOR: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA 3-c;-'N i~_ Carol Berman Contracts & Grants Coordinator Agriculture & Natural Resources University of California 300 Lakeside Drive, 6th Floor Oakland, CA 94612-3560 tIe & Address: John Goss. City Manage;/ 276 Fourth Ave. : Ch"lI:r~ Bruce M. Boogaard y,r /J (/ ; ,A--rr-/.. /, -r- I~~:) , ; il/"lc fI/~7!:/cJ / / \ ~.' SA6035, AMENDMENT 1 AGREEMENT BETWEEN THE REGENTS OF THE UNIVERSITY OF CALIFORNIA and THE CITY OF CHULA VISTA THIS AMENDMENT to Agreement Number SA6035, for the project entitled "Support for Drop In and Teen Programs", is made and entered into the 1st day of August, 1994, by and between the parties named in said Agreement. WHEREAS, the parties desire to increase the amount of compensation provided under the Agreement by $23,426 (Twenty-Three Thousand Four Hundred Twenty-Six Dollars) and to extend the period of performance to August 31, 1995; NOW, THEREFORE, the parties hereto do mutually agree to amend the Agreement as follows: 1. Article 1 - Allowable Cost and Payment, is changed to read as follows: A. Total costs to be incurred under this amendment shall not exceed $46,852 (Forty-Six Thousand Eight Hundred Fifty-Two Dollars) without the prior written approval of UC. Limitation on costs must conform to the budget as outlined in Exhibits A and B. Indirect costs and tuition remission costs are not allowable costs under this agreement. B. UC shall reimburse Participant for allowable direct costs incurred by Participant under this amendment in an additional amount not to exceed $23,426 (Twenty-Three Thousand Four Hundred Twenty-Three Dollars) for a total of $46,852 (Forty-Six Thousand Eight Hundred Fifty-Two Dollars) for this agreement. Payment will be made by UC upon receipt and approval of invoices for actual costs incurred. Invoices shall be submitted not more frequently than monthly. Such invoices shall reference the project number SA6035 and shall be submitted to: Sue Manglallan, 4-H Youth Development Advisor University of California San Diego County Cooperative Extension 5555 Overland Avenue, Building 4 San Diego, CA 92123 Invoices shall contain supporting detail information as reasonably required by UC. UC may retain 10 percent of any payment request or 10 percent of the total award until required reports have been submitted in accordance with Article II.C. of this agreement and reviewed by Sue A. Manglallan, or upon satisfactory completion of the services and delivery of the required reports. Any unexpended funds remaining at the termination of this agreement shall be returned to UC. Y'i Agreement No. SA6035, Amendment 1 The Regents of the University of California and The City of Chula Vista page 2 2. Article II - General Provisions, clause A is changed to read as follows: A. It is hereby agreed by and between the parties hereto that this agreement will commence on September 1, 1993 and will continue until August 31, 1995 or until such time as this agreement may be terminated by either party giving written notice to the other party at least 30 days in advance of the proposed termination. With the exception of the changes stated above, all other terms and conditions of the original Agreement Number SA6035 are still in full force and effect. IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first written. For: The City of Chula vista For: The Regents of the University of California Signature and Date ~c:u~ 1L~-U.'A gj/9/9 ~ Carol Berman Date Contracts & Grants Coordinator Division of Agriculture & Natural Resources University of California 300 Lakeside Dr., 6th Floor Oakland, CA 94612-3560 1)"-/ d {)i7;:1t:fI/flf'AJ T C MINUTES OF A REGULAR MEETING OF THE CHILD CARE COMMISSION TUESDAY, 6:30 PM SEPTEMBER 6, 1994 PARKS AND RECREATION DEPARTMENT CONFERENCE ROOM ****************************** CALL MEETING TO ORDER - 6:30 P.M. 1. ROLL CALL MEMBERS PRESENT: Chair Hartman, Commissioners Gish, Pidgeon, Randolph, stillwagon and Humes MEMBERS ABSENT: commissioners Cavanah, Johns, Miehls and Tressler Mr. Morris indicated that he had heard from Commissioners Cavanah, who is on vacation, and from Commissioner Tressler, who is sick. It as MSUC (Humes/Stillwagon) to grant Commissioners Cavanah and Tressler excused from the September 6, 1994 meeting. commissioners Johns and Miehls will have their absences recorded as unexcused. 2. APPROVAL OF MINUTES It was MSUC (Stillwagon/Humes) to approve the August 16, 1994 minutes as submitted. ORAL COMMUNICATIONS NONE The following is an excerpt from the Child Care Commission Meeting: New Business 6. Amendment to 4-H Latchkey Agreement Mr. Morris gave background information about the 4-H programs at Lauderbach Center and Loma Verde Center. A formal agreement was signed last year and this year they are bringing to the city this amendment to that agreement. This is for $23,000 and needs the Commission's endorsement. It was MSUC (Gish/Humes) to endorse and support continuation of the 4-H programs. fr--Ij COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 09/20/94 SUBMITTED BY: Resolution 17t~~ccePting a technical assistance grant from the California Healthy Cities Project and appropriating grant funds in the amount of $4,250 to implement the City's youth newspaper project Director of Parks and Recreati~ r Si. City Manager6k 6 (4/5ths Vote: Yes X No_) 1(<'-> ITEM TITLE: REVIEWED BY: On June 14, 1994, staff presented a proposal to the Council in which the City would apply to join the California Healthy Cities Project for FY 94\95. Accompanying the application was a grant request of $5,000 to the California Healthy Cities Project to help implement the proposed project: production of a youth newspaper. On July I, 1994, the Department was informed that its application and project proposal to the California Healthy Cities Project had been accepted. A technical assistance grant of $4,250 was approved by the California Healthy Cities Project to implement the City's first-year project. RECOMMENDATION: That the City Council adopt the resolution accepting the technical assistance grant from the California Healthy Cities Project and appropriating funds in the amount of $4,250 to implement the City's youth newspaper project. DISCUSSION: The Healthy Cities Project model provides an integrated approach to enhancing the health of a city by focusing on a process for community improvement. Since 1988, the California Healthy Cities Project has assisted cities and public health agencies with their efforts to put the Healthy Cities model into practice. The Sacramento-based project is funded by the State Department of Health Services, and it is the first and only state health agency in the country to fund a Healthy Cities program. The Healthy Cities Project offers educational programs, technical consultation, and resource materials to interested cities throughout the state. The Parks and Recreation Department will work in collaboration with South Bay Community Services and its KidzBiz Program to produce a "publication for youth, by youth." This publication will initially be produced on a monthly basis, and will provide youth opportunities to learn and develop basic business and communication skills. In addition, this publication will help build a stronger communication network regarding available activities, programs, and health and social issues affecting Chula Vista's youth. The Chula Vista Youth Coalition will also be involved in this cooperative effort. The City's Human Services Coordinator will serve as the project manager, and will be responsible for completing and submitting the required reports to the California Healthy Cities Project. Funds will be disbursed to South Bay Community Services through a City purchase order upon receipt of submittals including, but not limited to, timesheets and expenditure reports. Payments will be made according to [HLTHYCIT.RESI 1-/ Item: ~ Meeting Date: 09/20/94 a payment schedule based on clear expectations and performance in accordance with the proposal submitted to the California Healthy Cities Project. Chula Vista joins an impressive group of cities located throughout the state that are diverse in size and economic levels. These cities provide services which address a diverse range of community issues that include protection of the physical environment, improvement of public safety, and the provision of adult literacy programs to give residents skills to improve their health. Two other cities in San Diego County -- Escondido and Oceanside -- belong to the California Healthy Cities Project. FISCAL IMPACT: The City has been awarded a first-year technical assistance grant in the amount of $4,250 by the California Healthy Cities Project for a youth newspaper project. These funds will be deposited into a Recreation Trust Account (405-4050-RTFA40). This grant will cover the costs of the entire project. City General Funds will not be required for this program. Attachment: A. A ward Letter NOT SCANNED [HLTHYCIT.RES] ,~~ RESOLUTION NO. 17~1I~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A TECHNICAL ASSISTANCE GRANT FROM THE CALIFORNIA HEALTHY CITIES PROJECT AND APPROPRIATING GRANT FUNDS IN THE AMOUNT OF $4,250 TO IMPLEMENT THE CITY'S YOUTH NEWSPAPER PROJECT WHEREAS, the city Council California Healthy on June 14, 1994, staff presented in which the City would apply Cities Project for FY 94/95; and a proposal to to join the WHEREAS, accompanying the application was a grant request of $5,000 to the California Healthy Cities Project to help implement the proposed project: production of a youth newspaper; and WHEREAS, on July 1, 1994, informed that its application and California Healthy cities Project had Parks and Recreation project proposal to been accepted; and was the WHEREAS, a technical assistance grant of $4,250 was approved by the California Healthy cities Project to implement the city's first-year project. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby accept a technical assistance grant from the California Healthy cities Project. BE IT FURTHER RESOLVED that the City Council does hereby appropriate the grant funds in the amount of 4,250 in 0 Recreation Trust Account (405-4050-RTFA40). Presented by Jess Valenzuela, Director of Parks and Recreation C:\rs\healthy.grt 9..J \.."t\LlrVl \l 'Hn llL[\L.i J. J. 1 '-'.1 J. u......u J. 1.. \.'-'J......'-' 1.. ~ ~ Kulth Pl'alalion Sectinn '.08,,142132 S,trlleAID,tA Imom 1I1613mmnll9 11SSi/46J.JB1J 11I1Ilill201iJ A Praietl ollhe We1teln tmDniumlDrPubli~Health July I, 1994 The Honorable Tim Nader Mayor City of Chula Vista 276 Fourth Aven\le Chula Vista, CA 91910 RECE\VEO Jl. , , f39A Dear Mayor Nader: It is with great pleasure that I inform you that the City of Chula Vista has been selected to participate in the California Healthy Cities Project. Your official participation for the 1994-95 program will cover July I, 1994 through June 30,1995. Your proposal to develop and publish a youth-to-youth newspaper, providing Chula Vista's youth with hands-on business experience as well as increased knowledge of health issues as a result of their participation in the program, has the potential to significantly add to the quality of life for the City of Chula Vista's residents. As part of a unique, international public health movement, the City is in an ideal position to attract new services and funds. We are excited about the potential for linking participating cities with innovative program resources and with other similarly interested cities, both here and abroad. Participation in the Project includes: technical assistance with implementing your project; attendance at Project-sponsored meetings; use of the Project logo for promotional activity; and priority for all Project services. Faculty from the Western Consortium's member Schools of Public Health-University of California, Berkeley; University of California, Los Angeles; and San Diego State University School of Public Health----provide a valuable link to technical assistance resources. A License Agreement and the accompanying Terms of Participation, outlining the services and responsibilities associated with participation in the Project, have been forwarded to John Goff, City Manager, for signature. This agreement covers the first year of participation in the Project. Cities are required to submit a renewal application each year for continued Project participation. -- lhe Weswn [~r.lOlllurn i~ conouCltng !hl\ P:OIer! !h!nuQ~ ~ wnll3C! ."IITI the CalilDrnla Stalf n~p~l1mfni nl Hf~gel::>' . ;. The Honorable Tim Nader July 1, 1994 Page 2 Should you have any questions, please contact Gregory S. Shaffer, Local Program Development Specialist, at (916) 323-0702. Again, on behalf of the Project Steering Committee, I offer our most sincere congratulations and wish you every success in making Chula Vista a more healthful community in which to live and work. Sincerely, )11.~ JMT/dcb cc: John Goff, City Manager, City of Chula Vista Jess Valenzuela, Director of Parks and Recreation, City of Chula Vista ~-~ COUNCIL AGENDA STATEMENT Item I D Meeting Date 9/20/94 ITEM TITLE: Resolution / ? 6 63 Accepting bids and awarding contract for the "Bicycle/Jogging Trail at Sweetwater Road and Willow Street in the City of Chula Vista, CA PR-153 (ISTEA Project No. STPLE-5203-002)" SUBMITTED BY: Director of Public Works ~ Director of Parks & Recreatiolfc REVIEWED BY: City Manager c;rv j'\' (4/5ths Vote: Yes_No_XJ k,.J At 2:00 p.m. on August 3, 1994, the Director of Public Works received sealed bids for the "Bicycle/Jogging Trail at Sweetwater Road and Willow Street in the City of Chula Vista, CA PR-153 (ISTEA Project No. STPLE-5203-002)." The work to be done involves the construction of a pedestrianlbicycle trail and path along Sweetwater Road and Willow Street across the City of Chula Vista Golf Course and over the Sweetwater River. (See Exhibit A) RECOMMENDATION: That Council approve the resolution accepting bids and awarding contract for "Bicycle/Jogging Trail at Sweetwater Road and Willow Street PR-153" to Frank and Son Paving Inc. in the amount of $192,453.99. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The subject Capital Improvement Project No. PR-153 involves the construction of a pedestrianlbicycle trail and path along Sweetwater Road and Willow Street across the Chula Vista Golf Course and over the Sweetwater River. The project will provide connections to pedestrian/jogging trails and bikeways in the Bonita area, revegetate portions of the river floodway and clean a mosquito infested drainage channel. The existing CIP funding comes from two sources: Transportation Development Act (TDA) funds and Golf Course Revenues. In addition, a Transportation Enhancement Activities (TEA) grant has been secured for the project under the Federal Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991. The ISTEA program is administered by The State of California, Department of Transportation (CalTrans). Among other conditions needed to secure ISTEA funding, CalTrans has granted the City their approval to advertise the project for competitive bidding and their concurrence to award the contract to Frank and Son Paving (See Exhibit B). On December 19, 1978, by Resolution No. 9421, the City Council approved a Master Agreement with the State of California, Department of Transportation (CalTrans) under the title "Local Agency-State agreement for Federal Aid Projects." On March 30, 1993, by Resolution No. 17053, the City Council approved the filing of an appliction for TEA funding for the subject project and On June 21, 1994, by Resolution No. 17543, the City Council approved the program supplement to the Federal Aid agreement with CalTrans. Togther the resolutions J{) - I Page 2, Item /0 Meeting Date 9/20/94 and agreement with CalTrans provide for the construction of the proposed pedestrianlbicycle trail along Sweetwater Road and Willow Street and authorized the City Engineer to execute the supplemental agreement on behalf of the City. Bid Results The project was advertised for competitive bidding for one month beginning July 9, 1994. During this period, plans were purchased by several contractors and on the bid opening date, bids were submitted by six contractors as follows: Contractor Bid Amount Frank & Son Paving Inc. - Chula Vista $192,453.99 ABC Construction, Co. - San Diego $239,775.00 Heffler Company, Inc. - San Diego $247,936.02 Carolyn Scheidel - La Mesa $254,832.00 Hunter's Construction Co. - La Mesa $265,013.00 L.R. Hubbard Construction - San Diego $289,362.53 The low bid by Frank & Son Paving Inc. is below the Engineer's Estimate of $213,310 by $20,856.01 or by 9.78%. Staff has conducted a background check and past performance evaluation and determined that Frank & Son Paving Inc. has the resources to complete the project on schedule and within budget. We have reviewed the bid and recommend awarding the contract to Frank & Son Paving Inc. A copy of the contractor's disclosure statement is attached. Disadvantages Business Enterorise Goal The bid documents require the contractor to have disadvantaged business enterprises perform 15% of the work or show a good faith effort by the contractor to solicit such participation. Frank & Son Paving, Inc. is a disadvantaged business enterprise certified by the County of San Diego. In addition, Montijo's Backhoe, a DBE subcontractor, will perform 16% of the work. However, both contractors are not certified by Caltrans as DBE businesses. Caltrans certification is required by the bid documents due to TEA funding. Therfore, Caltrans concluded that even though the contractor did not attain the project DBE goal of 15%, they did make a good faith efforts to do so. (See Exhibit B). This project will be funded from various sources. The prevailing wage scales as determined by the Director of Industrial Relations, State of California and those determined by the Federal Department of Labor Relations are applicable to the work to be done. The Contractor is obligated to pay the higher of the two wage determinations (hourly rate plus fringe benefits) for each craft of classification. I()~ Page 3, Item 10 Meeting Date 9/20/94 Environmental Status A Mitigated Negative Declaration (IS-91-39 B) has been prepared pursuant to CEQA requirements for the Bicycle/Jogging Trail at Sweetwater Road and Willow Street and was filed on September 29, 1993 with the County Clerk's Office. In addition, a Streambed Alteration Agreement specifying permit conditions and mitigation measures was entered into with the California Department of Fish and Game. Also, a Nation wide permit was obtained from the U.S. Army Corps of Engineers which, due to the size of the project, obviated the need to get a 404 permit. Financial Statement Funds Required for Construction Contract Amount $192,453.99 Staff Cost (Design & Inspection) $19,245.01 Contingencies $38,490.00 Total Funds Required for Construction $250,189.00 Funds Available for Construction Transportation Development Act (TDA) (PR-153) $63,595.00 Golf Course Revenues (PR-153) $32,594.00 TEA Grant (PR-153) $154,000.00 Total Funds Available for Construction $250,189.00 FISCAL IMPACT: The total estimated cost of the project is $250,189. The Restoration and Revegitation Plan imposed by the State and Federal Agencies require the City to maintain the new landscaping within the site for a period of three years after the completion of the project. The estimated cost for this work, to be done by Parks & Recreation staff, will cost approximately $20,000. This cost will be paid from the Golf Course Revenue Fund. At the end of the three year maintenance period, only routine City maintenance will be required. Attachments: Exhibit A - Site Location Map Exhibit B - CaITrans approval to Award C Exhibit C - Contractor Disclosure Sta Exhibit D - Previous Resoluti:.~ SA:Filc No: AS-006 '\'"' m:\homc\enginccr\agenda\bikejog.sa JO~3 EXHIBIT "AI i PROPOSED BICYCLE/ JOGGING TRAIL N ?>()~\J .' ~.~S\ ~ ~() KEY PLAN NO SCALE DRAWN BY TITLE DATE A.R.. BICYCLE / JOGgING TRAIL ~-15-9~ 'It'EETM TER ROAD AND ifILL 'It'STREE' It) .'1/10 -IZ / - 9-94 FRI 9:18 P~02 Exhibit B STATE OF CAUFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON. Governor DEPARTMENT OF TRANSPORTATION DISTRICT 11. P,O. BOX 85406. SAN DIEGO 9218&-6408 (619) 688-6424 TOO Number (619) 688-6778 . September 9, 1994 Cliff Swanson Deputy Director of Public Works/City Engineer city of Chula vista POBox 1087 chu1a Vista, CA 91910 Attention: Sohaib Al-Agha Dear Mr. Swanson: subjectl Bicycle/Jogging Trail, STPLE 5203(002) We have reviewed the bid materials and documentation you submitted for the above referenced project. We have determined that Frank attain the project DB goal of 15\. faith effort to do SO. and Sons Paving, Inc. did not However, they did make a good In view of the above, we concur in the award of the contract to Frank and Sons Paving, Inc. If you have any questions, please call Christine Carrington at (619) 688-6775. sincerely, JERRY W. LOVE District Local Streets and Roads Engineer cc: CLau File , IO#S EX~bJ- c--- THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, nd all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Frank and Son Pavinq. Inc. 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Francisco Vasquez President Frank Vasquez Secretary-Treasurer Vice-President Alicia Vasauez 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 trustor of the trust. ~'!' 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? Yes_ No.xx... If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. Brian wilks Estimator Rudy Gutierrez Estimator 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes_ No~ If yes, state which Council member(s): . . . (NOTE: Attach additional pages as necessa 1?~- re of contractor/applicant Date: Auaust 3. 1994 Al cia Vasquez Print or type name of contractor/applicant * ~;$ defined as: "Any individual, firm. co-portnership,joint vtnturt. association. social cIub..frattmalorganization. corporation. estate. trU.'it. rtce;vtr. ~ndicate. this and any other county. rity and country. city municipality. district. or other political subdivision. or any other group or combination acting 0.( a unit." (C;\OONTRACT\BIKBJOGA.12) /0 -Ie 20 . . E XklbL + 1) MINlITES OF A SPECIAL MEETING/WORKSESSION OF 1HE CI1Y COUNCIL OF 1HE CI1Y OF CHULAVISTA Tuesday, March 30, 1993 6:07 p.m. Council Conference Room Administration Building CAll TO ORDER 1. ROLL CAll: PRESENT: Councilmembers Fox, Horton, Moore, Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Vicki C. Soderquist, Deputy City Clerk CONSENT CALENDAR (Item pulled: 5) BALANCE OF 1HE CONSENT CALENDAR OFFERED BY COUNCILMAN MOORE, reading of the ten was waived, passed and approved unanimously. 2. WRITTEN COMMUNICATIONS: a. Letter of resignation from the Charter Review Committee. Vickie E. Turner. It is recommended that the resignation be accepted and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. 3. RESOLUTION 17052 AUTHORIZING 1HE DES1RUCTION OF POUCE DEPARTMENT CITIZEN COMPLAINT RECORDS - The destruction of outdated citizen complaint records is being requested. The destruction is in compliance with 832.5 of the California Penal Code and conforms with the records retention policy. The purpose is to comply with Penal Code 832.5 and to conserve storage space. Staff recommends approval of the resolution. (Chief of Police) 4. RESOLUTION 17053 APPROVING 1HE FlUNG OF THREE APPUCATIONS FOR lRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM FUNDS UNDER 1HE INTERMODAL SURFACE lRANSPORTATION EFFICIENCY ACT OSTEA) OF 1991 AND DESIGNATING 1HE CI1Y ENGINEER AS 1HE AUTI-lORlZED REPRESENTATIVE FOR 1HE PROGRAM - California is scheduled to receive more than $200 million over a six.year period (six cycles) under this program. Projects must be directly connected to the transportation system and should also provide maximum enhancement to the environments and communities. Staff recommends approval of the resolution. (Director of Public Works) 5. RESOLUTION 17047 REAPPROPRIATING FUNDS, RESCINDING AWARD OF CONTRACT TO NELSON ROOFING, INC. FOR 1HE POUCE DEPARTMENT BUILDING REROOFING AND AWARDING CONTRACT TO 1HE SECOND LOW BIDDER. LA QUINTA ROOFING, INC. - On 2/9/93, Council awarded contracting for the Police Department building reroofing to Nelson Roofing, Inc. The contractor, however, was unable to provide the required liability insurance before the contract could be executed. Nelson Roofing, Inc. was notified of the proceedings and was unresponsive. Staff recommends approval of the resolution. 4/5's vote required. Continued from the 3/23/93 meeting. Pulled from the consent calendar. )0-7 ~ . "~-UL-U1 I r -~'...J.,J RESOLUTION NO. 17053 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF THREE APPLICATIONS FOR TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM FUNDS UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) OF 1991 AND DESIGNATING THE CITY ENGINEER AS THE AUTHORIZED REPRESENTATIVE FOR THIS PROGRAM WHEREAS, the Transportation Enhancement Activities Program was enacted as part of the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991; and, WHEREAS, California is scheduled to receive more than $200 million over a six-year period (6 cycles) under this program; and, WHEREAS, projects must be directly connected to the transportation system and should also provide maximum enhancement to the environments and communities; and, WHEREAS, staff recommends the filing of three applications for first cycle funding for: 1) Capital Improvement Project (CIP) No. PR-153 which involves the construction of a pedestrian/bicycle trail and path along Sweetwater Road and Willow Street across the Chula Vista Golf Course and over the Sweetwater River, 2) proposed CIP for FY '93-'94 involving the installation of sidewalk improvements along both sides of Third Avenue between Orange Avenue and Main Street and 3) proposed CIP for FY 93-94 involving the installation of sidewalk improvements along the east side of Fourth Avenue between Orange Avenue and Anita St reet. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the filing of three applications for Transportation Enhancement Activities Program Funds under the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and designating the City Engineer as the authorized representative for this program. Presented by Bruce M. Boogaar City Attorney roM I 7~ Jo P. LIppItt Director of Public Works 1/)-8' _"...~""l.""."'" .'c. ......=".,.:... "-', ~ ..~ .;e'+O'-' -...,..",.,~""""""",,,,,,,,,...... . . . ;). Resolution No. 17053 Page 2 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 30th day of March, 1993, by the following vote: ... YES: NOES: ABSENT: ABSTAIN: Councilmembers: Fox, Horton, Moore, Rindone, Nader Counc i 1 members: None Counci lmembers: None Councilmembers: None /ZA, Tim Nader, ~yor ( --. ATTEST: i Beverly A. / , , '. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17053 was duly passed, approved, and adopted by the City Council held on the 30th day of March, 1993. Executed this 30th day of March, 1993. r~ J ,~_..l../ '.' ,_~~~, / / Beverly A. Authelet, City Clerk 10-1 ""-,.,,,",,..--,,,.q ,;". Minules June 21, 1994 Page 4 THEREFOR -Change Order Number 6 consists of the addition of an exterior entrance courtyard fountain. The fountain was deleted in Change Order Number I in order to keep within the project's original cost estimate. The Friends of the Chula Vista Public Library have voted to pay for the cost of the fountain as their gift to the new library. Change Order Number 6 totals $17,195. Staff recommends approval of the resolution. (Library Director and Director of Public Works) 4/5tb's yote required. ~. , 15. RESOLUTION 17543 APPROVING PROGRAM SUPPLEMENT NUMBER 007 TO LOCAL AGENCY-STATE AGREEMENT FOR FEDERAL AID PROJECTS NUMBER 11-5203 FOR THE CONSTRUCTION OF PEDESTRIAN/BICYCLE TRAIL ALONG SWEETWATER ROAD AND WILLOW STREET AND AUTHORIZING THE CITY ENGINEER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY - On 12/19nS, Council approved a Master Agreement with the State of California, Department of Transportation (Caltrans) under the title "Local Agency-State agreement for Federal-Aid Projects." The Master Agreement sets forth the conditions for maintenance of Federal Aid improvements, right of way, fiscal provisions and miscellaneous provisions. Paragraph 2 of Article II of the Master Agreement require that a supplement agreement be executed when and as appropriate, covering individual projects. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's YOle required. Mayor Pro Tem Horton questioned if the program included the major infrastructure changes that needed to be made on Willow Road due to safety problems in that area. Clifford Swanson, Deputy Director of Public Works/City Engineer, responded that it would, it would put a pedestrian bridge over the river through the western edge of the golf course so that all of the pedestrian and bicycle traffic would be taken off of the Willow Street bridge. He estimated the completion date in November. Staff would provide an information memo to Council with the time line. .) 16. RESOLUTION 17544 APPROVING THE SUBMITTAL OF ONE APPLICATION FOR SIXTH CYCLE FUNDS OF THE STATEILOCAL TRANSPORTATION PARTNERSHIP PROGRAM (SLTPp)- Senate Bill 300 created the SLTPP to identify and construct locally supported projects with a minimum of State planning and review. Staff has prepared one application for sixth cycle funding under the program. In order that the application for SLTPP funding may be considered, a resolution approving the submittal of the application to the Caltrans Local Streets and Roads is required. The City's application covers a Capital Improvement project along Otay Lakes Road from approximately 400 feet north of East "H" Street to 200 feet south of East "H" Street. The project involves the widening of Otay Lakes Road to accommodate dual left turn lanes in both directions. Staff recommends approval of the resolution. (Director of Public Works) 17.A. RESOLuTION 17513 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT REQUIRING DEVELOPER TOCOMPL Y WITH CERT AINUNFULFILLED CONDITIONS OF RESOLUTION NUMBER 16903 APPROVING A TENTATIVE SUBDMSION MAP FOR CHAMPIONSHIP CLASSICS D, AND AUTHORIZING THE MAYOR TO EXECUTE SAME - On 11/24/92, Council approved the Tentative Subdivision Map for Tract 92-04, Championship Classics II. The final map for said tentative map is now before Council for approval. Staff recommends approval of the resolutions. (Director of Public Works) Continued from the meeting of 6/7/94. B. RESOLUTION 17514 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 92-04, CHAMPIONSHIP CLASSICS D IS. REPORT INDUSTRIAL ZONING POLICY - Council bas previously directed staff to inform them regarding land use proposals which would result in non-industrial development of property which is zoned for industrial uses. In addition, Council bas requested staff prepare a draft Council policy to address concerns regarding the possible economic and fiscal impacts of such land use changes. Staff recommends Council accept the ') IO../D ._~-~ '" ,-- "~. "" ~ ( A S/ocC1:J' RESOLUTION NO. 17543 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PROGRAM SUPPLEMENT NO. 007 TO LOCAL AGENCY-STATE AGREEMENT FOR 'FEDERAL AID PROJECTS NO. 11-5203 FOR THE CONSTRUCTION OF PEDESTRIAN/BICYCLE TRAIL ALONG SWEETWATER ROAD AND WILLOW STREET AND AUTHORIZING THE CITY ENGINEER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY WHEREAS, on March 30, 1993, by Resolution No. 17053, the City Council approved the filing of application for Transportation Enhancement Activities Program Funds under the Intermodal Surface Transportation Efficiency Act (lSTEA) of 1991; and, WHEREAS, Resolution 17053 included an application for first cycle funding for the construction of pedestrian/bicycle trail along Sweetwater Road and Willow Street, CIP No. (PR-153); and, WHEREAS, the subject Program Supplement Agreement is the final step required by CalTrans before releasing the project for competitive bidding. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve Program Supplement Agreement No. 007 to Local Agency-State Agreement for Federal Aid Projects No. 11-5203 in the amount of $154,000 for the construction of Pedestrian/Bicycle Trail along Sweetwater Road and Willow Street, know as document number C094-1 01, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Engineer of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista, . Presented by y . ~(t~ I John p, Lippitt Director of Public Works ~~ Bruce M. Boogaa d City Attorney IO~/1 ,.""". "c'" ""'."l"l!''''''':'' ."-,'_" Resolution No.1 7543 Page 2 l PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 21st day of June, 1994, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: Nader ABSTAIN: Councilmembers: None ~ ATTEST: fw~()~w Beverly . Authelet, City Clerk STATE OF CALIFORNIA) C')UNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17543 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 21st day of June, 1994. Executed this 21st day of June, 1994. /D- / d..... RESOLUTION NO. 17~~;J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BID AND AWARDING CONTRACT FOR THE "BICYCLE/JOGGING TRAIL AT SWEETWATER ROAD AND WILLOW STREET IN THE CITY OF CHULA VISTA, CA PR-153 (ISTEA PROJECT NO. STPLE-5203-002)" WHEREAS, at 2:00 p.m. on August 3, 1994, the Director of Public Works received the following six sealed bids for the "Bicycle/Jogging Trail at Sweetwater Road and willow Street in the city of Chula vista, CA PR-153 (ISTEA Project No. STPLE-5203- 002) .": contractor Bid Amount Frank & Son Paving Inc. - Chula vista $192,453.99 ABC Construction, Co. - San Diego $239,775.00 Heffler company, Inc. - San Diego $247,936.02 carolyn Scheidel - La Mesa $254,832.00 Hunter's Construction Co. - La Mesa $265,013.00 L.R. Hubbard Construction - San Diego $289,362.53 WHEREAS, the low bid by Frank & Son Paving Inc. is below the Engineer's Estimate of $213,310 by $20,856.01 or by 9.78% and staff has conducted a background check and past performance evaluation and determined that Frank & Son Paving Inc. has the resources to complete the project on schedule and within budget. and recommends awarding the contract to Frank & Son Paving Inc.; and WHEREAS, the bid documents require the contractor to have disadvantaged business enterprises perform 15% of the work or show a good faith effort by the contractor to solicit such participation and Frank & Son Paving, Inc. is a disadvantaged business enterprise certified by the County of San Diego; and WHEREAS, a Mitigated Negative Declaration (IS-91-39 B) has been prepared pursuant to CEQA requirements for the Bicycle/Jogging Trail at Sweetwater Road and willow Street and was filed on September 29, 1993 with the county Clerk's Office. 1 IP -/3 NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby find, determine, order and resolve as follows: section 1. That the Mitigated Negative Declaration pursuant to CEQA requirements. city Council certifies that a (IS-91-39 B) has been prepared section 2. That the City Council does hereby accept the bid of Frank and Son Paving Inc. as responsive. section 3. That the City Council awards the contract for the Bicycle/Jogging Trail at Sweetwater Road and willow Street to Frank and Son Paving Inc. in the amount of $192,453.99. section 4. The City Council finds that Frank and Son Paving Inc. has complied with the city's goal as a disadvantaged business enterprise. section 5. The Mayor of the City of Chula vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula vista. Presented by 'J) John P. Lippitt, Director of Public Works Bruce M. Attorney C:\rs\bicycle.bid 2 )/) -If.{ COUNCIL AGENDA STATEMENT ITEM TITLE: Item J I Meeting Date 09/20/94 Resolution ) 7~VrAuthorizing a Change Order with Granite Construction For Installation of Storm Drain Facilities in Otay Valley Road in Conjunction with Development of the Girard Financial Parcel on Otay Valley Road and appropriating funds therefore. SUBMITIED BY: Director of Public Works ~ REVIEWED BY: City Manager ~tl~0 (4/5ths Vote: Yes..x. NO-J Girard Financial owns a 3.3 acre site on Otay Valley Road. The road is currently being widened by Granite Construction Company under Assessment District 90-2. In order to develop the Girard property, certain storm drain improvements within the road right-of-way are required. It is in the best interest of all parties to have Granite Construction install the drainage improvements as part of their work on Otay Valley Road. Girard will reimburse the City the full cost of this work (letter agreement attached). RECOMMENDATION: That the City Council approve the resolution authorizing a change order with Granite Construction for installation of storm drain facilities in Otay Valley Road and appropriating funds from the developer's deposit. BOARD/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: Girard Financial Corporation owns a site at the northwest comer of Otay Valley Road and Maxwell Road comprising 3.3 acres. Approximately 1.4 acres was recently sold to Sweets Specialty, a chocolate manufacturer currently completing an industrial building on the site. Although there has been interest in the remaining two parcels comprising .9 acres each, no development is imminent. Girard is required to provide storm drain improvements adjacent to the site within the right-of-way of Otay Valley Road which is estimated to cost $64,475. The work cannot be completed at this time because of conflicts with an existing gas main which will be relocated as part of the Otay Valley Road Improvements. Granite is willing to undertake this work in conjunction with the Otay Valley Road work in order to avoid having another contractor working concurrently in the roadway and to allow better control of the work within the right-of-way. Girard will deposit 110% of the estimated cost for the work with the City so that there will be no additional expense for the assessment district (see attached letter). It is anticipated that the contractor will be working in the vicinity of the Girard site in approximately three months. Staff recommends that the City Council authorize the Director of Public Works to approve the requested change order conditioned upon receipt of funds from Girard Financial. FISCAL IMPACT: The storm drain work is estimated to cost $64,475. Additional cost for inspection and testing is estimated at $2,500. Girard Financial will deposit 110% of the funds required for this work with the City before the contractor is authorized to proceed. Attachments: _~ Exhibit 1 - Letter from Girard It SC~\...- ~-'q-""-~ ~O II" / /;/-2. filo_AO-Oro ~^ "i~il L.I .1\)11" \ I:LI~l' Drl',._ \l: ii" .~I H I ),'11 1 J,<).:" , (,\ ')212..' 1,[')II"',7'>!I(j :.;.:, i GIRARD FINANCIAL. Corporation August 3, 1994 AUG - 8 '"'" 51 ",-'1 I ~ Mr. Dennis Davies, Civil Engineer City of Chula Vista Engineering Department 276 Fourth Avenue Chula Vista, CA 91910 RE: GRANITE CONSTRUCTION COMPANY INSTALLATION OF STORM DRAIN [CHANGE ORDER 4/18/94] OTAY VALLEY ROAD, CHULA VISTA, CA Dear Mr. Davies: You are hereby authorized to finalize and execute a change order with Granite Construction Company for the jn~tallation of a storm drain in Otay Valley Road per revised plan ~heets 92~I62 to 164, 92-169, 170, 175, and 176, all dated March 2.3, 1994. It is understood that the change order will be in the amount of $64,475.00 with the elimination of all contingencies outlined in the 4/18/94 change order quotation except for some pot holing and soils testing during construction. We are agreeable to the above contingencies, provided they collectively may not exceed $2,500.00. To secure the above change order, Giran: Financial Corporation is enclosing a good faith deposit of $5,000.00 payable to the City of Chula Vista. Once the change order has been finalized under the above terms and conditions, Girard agrees to substitute a cash deposit for 110% of the change order and contingencies, with the understanding that the $5,000.00 deposit and improvement Bonds #1194570 and #119457] shall be immediately returned to Girard. After payment for the completion of the work contained within the above described change order, any excess remaining from the cash deposit shall be immediately y'eturned to Girard. I acknowledge and agree that the City shall not be responsible for any negligence or delays in connection with Granite Construction Company's performance of the change order work. Thank you for your assistance in finalizing this matter. Sincerely, ao~nsi!- ~ President/CEO 1/. ,;. RESOLUTION NO. /7&',/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A CHANGE ORDER WITH GRANITE CONSTRUCTION FOR INSTALLATION OF STORM DRAIN FACILITIES IN OTAY VALLEY ROAD IN CONJUNCTION WITH DEVELOPMENT OF THE GIRARD FINANCIAL PARCEL ON OTAY VALLEY ROAD, AND APPROPRIATING FUNDS THEREFOR WHEREAS, Girard Financial owns a 3.3 acre site on Otay Valley Road, which road is currently being widened by Granite Construction Company under Assessment District 90-2; and WHEREAS, in order to develop the Girard property, certain storm drain improvements within the road right-of-way are required; and WHEREAS , it is in the best interest of all parties to have Granite Construction install the drainage improvements as part of their work on Otay Valley Road; and WHEREAS, Girard will reimburse the city the full cost of this work as set forth in their letter agreement; ad WHEREAS, staff recommends that the City Council authorize the Director of Public Works to approve the requested change order in the estimated amount of $64,475. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby authorize a Change Order with Granite Construction for installation of storm drain facilities in otay Valley Road in conjunction with development of the Girard Financial parcel on otay Valley Road. BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to execute said Change Order on behalf of the city of Chula vista. BE IT FURTHER RESOLVED the the amount of $64,475 is hereby appropriated from the Developers Depo 't into P Account ST123. c:\rs\granite.co Bruce M. Attorney city Presented by John P. Lippitt, Director of Public Works 1/.3 COUNCIL AGENDA STATEMENT Item 1.2 Meeting Date 9/20/94 ITEM TITLE: Report on striping changes on Otay Valley Road SUBMITIED BY: Director of Public Works rfC/ /~ \~ /\, City Manager 19 ~; \ When preparing the plans for Otay Valley Road City Council reviewed the median proposal and, after a public hearing, instructed staff to eliminate the median island from the freeway to Oleander Avenue in front of the Shell Station and Davies Truck Storage Yard. Because our project was doing work within CalTrans' right of way we needed a permit from CalTrans. As part of that permit CalTrans required striping changes that affected the above section of roadway and property owners. Staff has negotiated with CalTrans and the property owners and reached a mutually acceptable conclusion. The purpose of this item is to inform the City Council of these changes. REVIEWED BY: (4/5 Vote: Yes_NoX) RECOMMENDATION: That the Council authorize staff to implement the raised median alternatives. BOARDS/COMMISSIONS RECOMMENDATION: None. DISCUSSION: When the Otay Valley Road Widening Project was presented to the Council the property owners of the Shell Gas Station and the Truck Storage Yard objected to the plans to construct a raised median along their frontage because it would preclude left turn access into and out of their properties. Additionally it was noted that many of the users of these properties are truck operators. If exiting left turns were restricted, motorists desiring to go west on Otay Valley Road would have to turn east and then have to make V~turns at Oleander or Brandywine Avenue. It was further noted that large trucks would not be able to negotiate V-turns at Oleander Avenue or Brandywine Avenue. Traffic would be forced to turn left on Brandywine Avenue and utilize East Orange Avenue for access to 1-805 or points west. Council directed staff to eliminate the raised median and mark the section of roadway between 1-805 and Oleander Avenue to allow left turns (see Exhibit A). It was indicated that a raised median would be considered in the future when a demonstrated accident or congestion problem occured. Construction work at the west end of the Otay Valley Road widening project will occur within the 1~805 interchange area. Because this work area is under the jurisdiction of Caltrans, an encroachment permit from Caltrans is required. In the review of our plans Caltrans determined that the area reserved for left turns into the Shell Gas Station and Davies truck storage yard will be needed for an exclusive west bound left turn lane to southbound 1-805 to accommodate this high volume turn movement when the traffic signal at the 1~805 off ramps become operational in mid- 1995. Caltrans contended that left turns out of the Shell station and the truck storage yard would create conflicts and impede movement for westbound traffic utilizing the southbound 1-805 left turn I,), -/ Pace 2, Item I J.. Meeting Date 09\20\94 lane. Caltrans would not issue the necessary permits to complete our Otay Valley Road improvements without changes to the City's striping plan (see Exhibit B). Unfortunately, this change completely blocked all turning movements from the two properties. However, in order to not delay the completion of the south half of the road and the autopark opening, staff made the required changes to our plan. Staff also discussed the situation with the owners of the two affected properties. The Shell station representative, Mr. Al Barasi, and Mr. Davies, owner of the truck yard were adamantly opposed to Caltrans' left turn prohibition requirement. Traffic engineering staff reviewed the possibility of a different striping plan that would allow Caltrans' turn lane and also allow property access and safe and efficient movement on Otay Valley Road in the vicinity of 1-805 interchange. Staff has suggested an alternative traffic plan (see Exhibit C) for Caltrans' consideration. This plan would allow len turns in and out of the Shell Station east driveway and the truck storage yard driveway. However, a raised island would be constructed to prevent left turns in and out of the Shell Station west driveway. Informal discussions with Caltrans' staff indicate their acceptance of this modified plan. The raised median plan (Exhibit C) was also discussed with the owners of the two affected properties, Mr. Barasi and Mr. Davies. Both said that the new plan was acceptable and expressed pleasure with the retention of left turn access to their properties. Since this modification is acceptable to the property owners and CalTrans,' and if no objection from Council, staff will request a new State encroachment permit to reflect the new traffic access plan and will proceed with a change order with Granite Construction Co. to construct a raised, stamped concrete median as noted on the modified traffic plan (Exhibit C). Staff will return to Council for approval of the change order when it has been negotiated. Staff will return To enhance the appearance of the raised median it is our intent to construct the median with stamped concrete. Because of the lack of irrigation meters in the area, and the cost for a new meter plus the time delay to the south half street construction if we were to get a meter and install landscaping, no landscaping will be incorporated in this median. The property owners have been notified that this item is on tonight's agenda. FISCAL IMPACT: The additional cost of this median will be approximately $28,000. There are sufficient funds in the project account to cover this additional cost. Attachments: Exhibit A - Original Traffic Striping plan Exhibit B - CalTrans modified Traffic striping plan Exhibit C - Modified traffic striping plan CLS File: ST-123 M:\HOME\ENGINEER\AGENDA\OVRMEDN .CLS /.1. . ,;.. "aNt 3NI/MONVY8 >, ~ ~~ ~ "3^V Y30NV310 -" .... .~ I 1 1 ~-z dvtVY NO ONn08loU,YON ~ >~ O.s. '<'i!: 0" 0-0 ~.Jl dWV~ :1:10 ONn08H.1nos -..::r I ...I ...I 1&1 III (J ~ ....0 ~ ~ .Jl .Jl" ~ >) ~.s., '" :.: a: f o ~. i t -->- Q ~ a: a: ~ ~ 1&1 0 Cl a: c A- a: f/l ~ !!:! f/l ~ :.: Q i {- to- dWYY .:1.:10 ONn08H.1~ON 908-1 dvtVl:J NO ONn08H.1nOS I,), r,3 z C ..J 0. ~ Z - 0. - a: to- t/) o - LL LL C a:: to- ..J C Z - ~ - a:: o tCC :t: .a - ~ ~ 11.1 I -' t\: - SOUTHBOUND ON RJ,"'P I r SOUTHBOUND OFF RAMP m I >C ~ I ...~ - I r:r ~ - ~ - 1-805 CD I I "... "'< \. I - NORTHBOUND OFF RAMP -A MORTHBOUHOOHR~MP ~ i -4 \ \. (') :1J ~ ~ "'il 0 ~ \ \ C4 ~ en ~ d < " in ".. en :1J \ \ ~ " ~ IS' Z :1J Q "',;. 0 "' ..,;. en " ~ "b II "' :1J :1J ~ ~ -4 0 <- 0 Z-{ 0 ~ I : - ." - m 0 -t II " ~ I ." ~ I ." I - n (") lD llt:: . "' 4- en r- r OLEANDER AVE. r- -t II :ZJ - " ...~ - I I z ~ C) ~ .e., " .-4 II ~ 0 r- ~ U ~ :1J Z ~ ~ BRANDVWINE ~VE. n~11 /.l ~'I cl"~W NO OMOO..U,WOM ~ 4RYV~~ONnceH~MON , " '" I * I 0 is' I ~+ I .. - .a .- \. I I: >C dW'fW :1:10 aNno.H~nos-" 4,"" NO OMOO.'U,nos W 1'1 I /,,2 ,5' , . , " II LJ ~ . Iln \ , , \ ,. o .... ~ . ~ "'JAy WJClN'fJ1O :::: .~ I I I I I I :1. , I I I II I I I I oJ 01 ...r~ ... oj H.. oU5 .".". .... ...!\ oJ ....", .n a:iii \-2: ~ 8 ~ II ... fit --cq, ~ , It'. t It' oS' "''b .. fit ~ ) ---I -- - -~ \t ! t z C ..I ~ " z - Cl. - cc t- en (.) - .. ,. < cc t- O U.I - ,. - o . .. :E A,II Cl .. - COUNCIL AGENDA STATEMENT ITEM TITLE: Resolution I') j,.5' / Approving the Business Expansion Incentive Policy SUBMITTED BY: Community Development Director L ) . I~ q"" .,., REVIEWED BY: City Manager & r k,J1~ (4/5ths Vote: Yes_NoX) BACKGROUND: On June 7,1994, Council approved a City policy to provide an incentive for business expansion by targeting businesses "likely" to grow, and making personal contact to inform them of potential city assistance (see Agenda item, Attachment A). RECOMMENDATION: That Council adopt the resolution approving the attached Business Expansion Incentive Policy for inclusion in the City's Policy Manual. BOARDS/COMMISSIONS RECOMMENDATION: On May 4, 1994, the Economic Development Commission voted to support the proposed Business Retention/Expansion Program (5-0-4:Tuchscher, Maslak, Read, Patrick absent). DISCUSSION: The attached Council policy (Attachment B) has been prepared per Council's request. This policy provides for local businesses to be personally contacted by a City representative and for those businesses expressing a serious interest in expanding to be "eligible" to receive support and assistance from an established project team. This policy statement is being submitted to allow immediate business visitations to occur. Please note that a more comprehensive Business Retention/Expansion program/policy is being developed in conjunction with the City's EDC and will be brought back to Council in the very near future. FISCAL IMPACT: Implementation will involve limited staff time, with no direct cost to the City. ATTACHMENTS A - June 7,1994 Agenda Item ~~1) B - Business Expansion Incentive Policy ~C'iJ"- ~O't ~ [(MO) c:\w;l51\document\55.94) 7 ji"5/Y1 ~ ~ 2Tc.it~ ~ ...... 13-1 RESOLUTION 176.5/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE BUSINESS EXPANSION INCENTIVE POLICY WHEREAS, the Business Expansion Incentive Policy is a program designed to assist businesses desiring to expand within Chula Vista; and WHEREAS, the policy provides for a "Project Manager," Economic Development contact, and a managerial level Ombudsman for businesses intending to expand (by an estimated 30% or more in operating space, annual sales, and/or personnel); and WHEREAS, the implementation of said policy includes visitation by one or more individuals from the Economic Development Commission, Chula Vista Chamber of Commerce or City Volunteers to the targeted companies; and WHEREAS, the visitations will educate businesses about the City's expansion policy and provide an opportunity to distribute City literature. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista approve the creation and implementation of the Business Expansion Incentive Policy. Presented by Approved as to fo rJ- <::~~ Chris Salomone Director of Community Development 1) Bruce Boogaard City Attorney .".... "". ::',.." "." ((MD)c:\wpS1\document\58.94 (rev. September 2.1994)] '~-2.. ATTACHMENT A June 7, 1994 MEMO TO: The Honorable Mayor & City Council FROM: Councilman Leonard Moore SUBJECT: CITY OF <<HULA VISTA ECONOMIC INCENTIVE POLlCY FOR BUSINESS EXPANSION. RECOMMEND COUNCIL APPROVAL PURPOSE: To establish a City policy as an incentive to business expansion thereby creating an improved tax base, increase jobs and/or attract customers to the City due to uniqueness of product, sales or services. METHOD: Create a focused, directed, and simple program to encourage Chula Vista businesses to expand and grow. A specific and manageable number of "likely businesses" will be targeted and personally contacted by EDC Commissioners, Chamber members, or volunteers. The purpose of these visits will be to: 1) educate regarding the program and solicit interest; 2) distribute literature; and 3) invite company principals to attend a program related seminar as described below. QUALIFICATIONS: Any company in the City of Chula Vista demonstrating willingness and deSire to expand their presently stable business by 30"'{' or more may qualify. CITY'S BASIC POLlCY FOR QUALIFIED BUSINESSES: The City Manager shall; 1. Designate a managerial level ombudsman who will review all potential fees and off site improvements triggered by expansion effort. The results of meeting(s) will clarify funding cost and method of payments and/or deferment of actions, UP front. 2. A project "manager" will be designated from within either the Planning, Engineering, Building & Housing or Community Development Department (single point of contact). 3. A designated staff member or team will work with the applicant in regard to potential financial assistance. TARGETED BUSINESS: A review of business license listings and other sources of data will provide the initial core of businesses that may qualify due to number of employees, uniqueness of product or service and personal knowledge. This list will be known as "The Chula Vista 100" and will constantly evolve and change as companies evolve, interest is established or views, and our knowledge of these and other business expands. Each business in "The Chula Vista 100. will be contacted as described above and invited to a City hosted seminar designed and coordinated by the Economic Development Commission and Economic Development Jf'p.--r ~ 13- ~ Manager to educate and solicit interest in the program. BACKGROUND: When the Economic Development Commission pursued their initial goals and objectives. retention and expansion were the highest priorities. This was later modified, and rightly so, to include "business specifics" which emphasized, biotech, high tech, bio med, Border Environmental Commerce Zone etc. Most of staffs efforts are consumed by business specifics and associated magnet(s) needed to drawthese extremely Important businesse~ to the City. The "bread and butter" of economic development is the retention and expansion of present businesses. This program and recommended Council City Policy are thought to be the magnet for success. RECOMMENDATIONS: The Economic Development Commission, Economic Development Manager, and Community Development Department Director approve aforementioned business expansion policy and provide professional draft with a .tentative policy prepared and submitted to the City Council via City Manager within the shortest feasible time frame. COMMISSION ACTIONS: G/; i[!;{'~.J-<.~'fV Economic Development CO~Cil at their May meeting unanimously recommended approval. l,MM:pI -=\mocwe\buHapan .. ClOy Co.rdI Au... CIty ....~ ~ fc- .2.. ~ ATTACHMENT B COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: CITY OF CHULA VISTA BUSINESS EXPANSION INCENTIVE POLICY POLICY NUMBER EFFECTIVE DATE PAGE ADOPTED BY: IDO-O 1 08-06-85 1 OF 1 I DATED: 09-13-94 BACKGROUND On September 13, 1994, the Ci.ly Council established a City policy to provide an incentive for business expansion by targeting businesses "likely" to grow, and making personal contact to inform them of potential city assistance. PURPOSE The purpose of this policy is to provide an incentive for businesses to expand within Chula Vista. POLICY The City Council establishes the following policy regarding the assistance to be provided a business expressing a serious intent to expand (by an estimated 30% or more in operating space, annual sales, and/or personnel): 1) A Planning Department "Project Manager" will coordinate all interdepartmental services/responses to qualifying companies. 2) The Economic Development Manager will coordinate all business assistance support systems, including financial assistarice and/or referrals. 3) The Assistant City Manager will act as the overall Ombudsman to insure that potentially required fees and off-site improvements, as well as project timeframes, are identified up front and that these costs are mitigated, when and as appropriate, to facilitate projects of public benefit. PROCEDURES 1. Targeted businesses will be personally contacted by one or more individuals from the following groups: Economic Development Commission Chula Vista Chamber of Commerce City volunteers 2. Visitations will educate businesses about the City's expansion policy and provide an opportunity to distribute City literature. 3. Businesses expressing an intent to expand by 30% or more will be eligible for the assistance described in Nos. 1, 2 and 3 above. ~ I(MD)c:VNp51\document\56.94 (rev. September 2, 199-t)] )3-S THIS PAGE BLANK ~ #>b . , REVIEWED BY: a>UNOL AGENDA STAlEMENT ~J....l Item'J I , Meeting Date .., z./ 1"1 Resolution J 7 ~5 ~ending and amending the Service Provider Agreement between the City and the YMCA; and extending the Service Provider Agreement between the City and the Boys and Girls Club, to provide youth programming services for FY 94/95 Director of Parks and Rtx;reaticfJ1~ Jt! ' /It- City Manager (Yk/lb (4/5ths Vote: Yes _ No ...XJ ITEM 1II1,E: SUBl\1n lID BY: When the City Council adopted the FY 94/95 budget, it included provisions to fund the Youth ACTION Program at a level of $75,820 through the General Fmd. Of this total, $19,010 is designated for the Junior High Outreach component, coordinated by the YMCA of San Diego Comty South Bay Branch, and $14,287 is designated for the Late Night component, coordinated by the Boys & Girls Club of Chula Vista. The remaining funds are utilized by the Department to administer the High School Happenings Program, special events, and transportation. The origina1 Service Provider Agreements approved by the City Comcil on September 14, 1993 with the South Bay Family YMCA and the Boys & Girls Club of Chula Vista were for a 12-month period beginning in September 15, 1993 and ending in September 14, 1994. RECOMMENDATION: That the City Council adopt the resolution: 1. Extending the origina1 Service Provider Agreement between the City and the YMCA of San Diego Comty South Bay Branch, for October through Jme in FY 94/95, in the amomt of$19,010 for the provision of Junior High Outreach programming; and 2. Extending the origina1 Service Provider Agreement between the City and the Boys & Girls Club ofChula Vista for October through Jme in FY 94/95, in the amomt of $14,287 for the provision of Late Night Teen Rtx;reation programming; and 3. Amending the contract with the YMCA to provide for youth programming services at Chula Vista Middle School; and 4. Authorizing the Director of Parks and Recreation to sign Service Provider Agreements and extensions. BOARDSIaJMMISSIONS RECOMMENDATION: N/A DISCUSSION: During the past year, the Junior High Outreach and Late Night program components have continued to grow. By the end of the 1993-94 school year, the South Bay F.:amily YMCA's PRYDE Program (\\hich is the fomdation for the Junior High Outreach componentfbad a1most 80 regular participants attending the four middle/junior high school sites (Hilltop, Castle Park. Bonita Vista, and Chula Vista). Although this after-school program reduced the number of sites to two during the summer, interest and participation levels in the program have continued It is anticipated that ~ lIfIdition of the Learn and Serve America grant (in the amount of $36,883) recently awarded to the Parks ~Rtx;reation Department to build a service learning/community service component into the basic PRYDE jttlgram will attract more youth to this after-school program. \ "4- \ ~ :1;13/91 ~ {2~<( CST-a.A ~ ~~ [EXl"ENY AP.An] Item I V Meeting Date ~ The Boys & Girls Club's Late Night Teen program continues to draw an average of 500 youth each week to the late night activities at its Oleander Branch and the "L" Street Branch/Community Youth Center. In addition,. the Midnight Basketball Program, that was instituted this spring, drew more than 60 players between the ages of 16 and 20. Volunteers from the Police Activities League (pAL) were instrumental in the program's success by providing coaches, referees, etc. In late May, the Club was invited to send a team to a state tournament hosted by the Oceanside Boys & Girls Club; and the team from Chula Vista competed well enough against the other eleven teams to win the tournament. Funds will be disbursed on a monthly basis through a City purchase order upon receipt from the agencies of such submittals including, but not limited to, employee timesheets, expenditure receipts, and monthly service and fmancial reports. In addition, agencies will be expected to participate in a qualitative assessment of the Youth ACTION Program. This qualitative assessment will include distribution of questionnaires to program participants, staff, and teachers at least once during the 100month period covered by the Service Provider Agreement extensions. Future nmtract Extension Provisions It is anticipated that the City will continue to view youth services as a priority area for City involvement and fmancial support for at least the next five years. In order to expedite the Agreement extension process, the Department recommends that the City Council authorize the Director of Parks and Recreation to approve and sign any extensions to the existing Agreements, solely dependent on continued annual Council approval of budget funds for this program. The amended Service Provider Agreements state that the Agreements may be extended for five (5) successive one-year tenns by the signature of the Director of Parks and Recreation and Agency Director before the next extension begins on July I of that year. Extensions will expire on June 30 in the year 2000, at which time the program and the respective Agreements are to be evaluated by the Parks and Recreation Department, the YMCA of San Diego County South Bay Branch, and the Boys & Girls Club of Chula Vista. A mid-year report on program activities will be submitted to the City Council in JanuarytFebruary 1995. FISC\L IMPACf: No new funding is required at this time to continue implementing the Junior High Outreach and Late Night Teen Recreation program components of the Youth ACTION Program. In the FY 94/95 budget, $19,010 and $14,287 was appropriated for the Junior High Outreach and Late Night Teen program components, respectively. This recommendation is to approve extending the current Service Provider Agreements with both the YMCA of San Diego County South Bay Branch (and to amend the agreement with the YMCA) and the Boys & Girls Club of Chula Vista for the remainder of FY 94/95. Attachments: . ,AA ~#. B. ~~ C. Youth After-school Recreation Service Provider Agreement - YMCA of San Diego County South Bay Branch Late Night Recreation Service Provider Agreement - Boys & Girls Club of Chula Vista Summary of Spring 1994 Junior High Outreach and Late Night Teen Recreation Participant Survey Results [EJCTEJ'r{~.J\13J 2 ... ''4-2 RESOLUTION NO. 17~5'~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING AND AMENDING THE SERVICE PROVIDER AGREEMENT BETWEEN THE CITY AND THE YMCA; AND EXTENDING THE SERVICE PROVIDER AGREEMENT BETWEEN THE CITY AND THE BOYS AND GIRLS CLUB, TO PROVIDE YOUTH PROGRAMMING SERVICES FOR FY 94/95 WHEREAS, when the City Council adopteC1 the FY 94/95 budget, it included provisions to fund the Youth ACTION Program at a level of $75,820 through the General Fund; and WHEREAS, of this total, $19,010 is designated for the Junior High Outreach component, coordinated by the YMCA of San Diego County south Bay Branch, and $14,2867 is designated for the Late Night component, coordinated by the BOys & Girls Club of Chula Vista; and WHEREAS, the remaining funds are utilized Department to administer the High School Happenings special events, and transportation; and by the Program, WHEREAS, the original service Provider Agreements approved by the City Council on september 14, 1993 with the South Bay Family YMCA and the Boys & Girls Club of Chula vista were for a 12-month period beginning in September 15, 1993 and ending in September 14, 1994. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby extend the original Service Provider Agreement between the City and the YMCA of San Diego County South Bay Branch, for October through June in FY 94/95, in the amount of $19,010 for the provision of Junior High Outreach programming. BE IT FURTHER RESOLVED that the City Council does hereby extend the original service Provider Agreement between the City and the Boys & Girls Club of Chula vista for October through June in FY 94/95, in the amount of $14,287 for the provision of Late Night Teen Recreation programming. BE IT FURTHER RESOLVED that the City Council amend the contract with the YMCA to provide for youth serving at Chula vista Middle School. does hereby programming BE IT FURTHER RESOLVED that the Director Recreation is hereby authorized to sign Service provi and extensions. Parks and Agreements Presented by ov1" Jess Valenzuela, Director Parks and Recreation Of~ , '" - 3 Bruce M. Attorney THIS PAGE BLANK ,t?-}' - , 'I-'f " ATTACHMENT A-I YOUTH AFTER SCHOOL RECREATION SERVICE PROVIDER AGREEMENT EXTENSION TIllS AGREEMENT is made and entered into as of the latest date appearing opposite the signatures of the respective parties hereto, by and between YMCA of San Diego County South Bay Branch, a nonprofit Public Benefit Corporation (hereinafter referred to as "Agency") and the City of CHULA VISTA, a municipal corporation (hereinafter referred to as "City"), concerning the provision of recreation programming for residents of the City ofChula Vista. NOW, THEREFORE, it is agreed by and between Agency and City as follows: I. Agency will provide ("Agency's Program ") ten (10) hours per week, of after-school hours recreation programming for a 39 week session during the school year; and twenty (20) hours per week for the 13 weeks of non-school session, and ten (10) hours of staffing for Special Event programs (an event which departs from the routine, and is considered a program highlight), during the time period of the Agreement, under the terms and conditions of Agency's Proposal, attached hereto and incorporated herein as Exhibit "A". The provisions of the Agreement shall control over any inconsistencies or ambiguities in Agency's Proposal. 2. Agency shall conduct Agency's Program, at Bonita, Castle Park, Chula Vista, and Hilltop Middle Schools, except that they will be relieved from performance if they try, in good faith and with best efforts to get an agreement for facility use with Sweetwater Union High School District, but are unable to do so. 3. It is agreed that the City will provide $5,860 ("Funds") to offset cost for staffing and supplies for each of the four sites for the period of this Agreement. Funds shall be disbursed monthly through a City purchase order on receipt from Agency of such submittals (" Submittals") as may be reasonably required by City, including, but not limited to, time sheets, expenditure receipts, and such forms as may be required by the Director of Parks and Recreation. It is the expectation of the parties that the Funds are intended only to cover staffing and non-personnel expense such as recreation and office supplies, printing and mileage. The total non-personnel expense funds budgeted may be expended during the first month of the Agreement, if necessary, and approved in advance by the City. The Funds shall not be used to pay for staff in excess of 660 hours, per site, cumulatively, of programming. Staff 660 bours 55110 The maximum non-personnel allocation is $750, per site, and may include office supplies, recreation supplies, printing, duplicating, mileage and any other appropriate expenses. Non-Personnel Expense: $750 1 J1f -- '''t- :s ATTACHMENT A-2 4. CONSIDERATION - It is agreed that the Agency will absorb other necessary expenses for required services in connection with the Agency Program as their portion of the Agreement. 5. TERM - The term of this agreement shall be for a period of 10 months commencing on September I, 1994, and terminating June 30, 1995. This agreemenf may be terminated by either party upon thirty (30) days written notice. The agreement may be terminated if one party fails to appropriate sufficient funds for the program as described in this agreement or any subsequent agreement extensions. Upon agreement of both parties, the term of this agreement may be extended for five (5) successive one year terms by the signature of the Director of Parks and Recreation and Agency Director before the next extension begins on July 1. Extensions will expire on June 30 in the year 2000, at which time the program and the agreement are to be evaluated by both parties. 6. NOTICE - Any notice required or permitted pursuant to this Agreement, shall be given by personal service or by deposit of the same in the U.S. Mail, postage prepaid and addressed to the parties as follows: Agency: Richard Collato, President/CEO YMCA of San Diego County South Bay Branch 47]5 Viewridge Avenue, Suite 100 San Diego, CA 92]23 City: Director of Parks and Recreation City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 7. COMMUNICATION - It is agreed that Agency will report monthly, before each disbursement is to be made, on financial expenditures, programs offered, attendance, and a brief evaluation of activities on form provided by City, as Exhibit "B", as may from time to time be amended by the City. It is agreed that Agency will conduct surveys with the student participants, school staff, and recreation staff utilizing form provided by City, as Exhibit "C". Data obtained from surveys should be included in the final report. It is agreed that Agency will participate in the montly Youth Coalition Meetings. It is agreed that, by July] 5, ] 995, Agency will submit a year-end report summarizing the entire program including the survey data, together with a financial summary, to the City of Chula Vista. 2 ~ ''''k A-3 8. INDEMNIFICATION AND INSURANCE - Throughout the term of the Agreement, at Agency's sole cost and expense, Agency shall keep or cause to be kept in full force and effect, for the mutual benefit of City and Agency, comprehensive, broad form, general commercial liability insurance against claims and liability for personal injury, death, or property damage arising from Agency's operations, providing protection of at least One Million Dollars ($1,000,000) combined single limit. All insurance required by this provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and rated A-5 or better in Best's Key Ratings, or the substantial equivalent satisfactory to the Risk Manager of the City ofChula Vista. Agency agrees the City, its elected officials, officers and employees shall be named additional insured on all such policies. All such policies shall contain language, to the extent obtainable, to the effect that (1) the insurer waives the right' of subrogation against City and City's agents and representatives, (2) the policies are primary and noncontributing with any insurance that may be carried by City, and (3) they cannot be cancelled or materially changed except after thirty (30) days notice by the insurer to the City. Agency shall furnish City with certificates and policy endorsements evidencing the coverage outlined in this section. Agency agrees that it will indemnify and hold City and its elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or property by reason of Agency's negligence or intentional acts or those of Agency's officers, employees, agents or invites in connection with Agency's provision of special event and recreation programming, to the maximum extent allowed by law. 9. PERMITS/CHARGES - Agency shall, at its sole cost and expense, obtain any and all other governmental permits, approvals or concurrences required. Further, Agency agrees that it shall promptly pay all charges required from private persons or corporations for which it is responsible, including, but not limited to food, beverage and services and supply purchases, relating to providing a Middle School after-school recreation program, and to protect and hold City harmless from any failure to make any such payment. 10. TRANSFER OR ASSIGNMENT - Agency shall not assign or transfer this permit, or any interest therein, nor shall this Agreement be subject to transfer or assignment by any court in any proceeding in which the Agency is involved without the Director of Parks and Recreation's prior written approval of such assignment or transfer. 3 ~ I 't......, A-4 Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto Dated: September 7,1994 City ofChula Vista by: Jess Valenzuela, Director of Parks and Recreation Agency: YMCA of San Diego County South Bay Branch by: its (title) A IT ACHMENTS: Exhibit "A" - Agency Proposal Exhibit "B" - Monthly Reporting Document Exhibit "C" - Survey Documents Y APsign.094 4 ~ , "i -i ~~ . It SO Fourth Avenue Chula Vista, CA 91910 (619) 422.8354 FAX (619) 422-4412 A -5 Board of 1I.N1gement "3-94 r mnh, Chair \ ;naJrs" t. P.I Cavanaugh Sandy Murphy Ken Baumgar1ner 1.1.. Pradtls Bruce Sloan. Secr.lary.t....urer Larry Cunningham. Past Chair Dear Mr. Valenzuela: lIember~' Vf\ce -'costa Penny Allen Don Bhnd Joanne Carson JR Chintengco Melvin Cowherd Greg COI Chuck Day Geri Oil~ngham Rick Emerson M.e Finch Belmda Fon.os Doug F ullor Robert Garcia Kerth Genlry Of Libby G<1 Cmdy Grady r '.rt H<1d1 , Hun:er .11 Johnson Dick Kau David Malcolm Armando Martmez Dan Mendez Dave Michelson Ken Monsen Peler Moore Of. Elizabeth Robinson Grog Sandoval Ken Screeton Art Sellgren John Shockley Jr. 1.10 ihomas Spindler Rlc Wilhams Brad Wason tone Williams, ExOCUlive DIrector . . Herillgo Club Thank you for your conslderatJon of our proposal. P.nny & David A..n Chris & Sandy Chase Willllm Choverton Mel & Midge Cowherd Pany Erickson Doug & Barl>ara Fuller Ron & Pan, Johnson Don Slm ....."Wilhams August 23. 1993 Mr. Jess Valenzuela, Director City of Chula Vista Parks and Recreation Dept. 276 Fourth Avenue Chula Vista. CA 91910 The South Bay Family YMCA, Boys & Girls Club of Chula Vista and South Bay Community Services are submitting a collaborative proposal for the Youth Action Program. Our proposal covers outreach at Hilltop, Castle Park and Bonita Junior High Schools. The junior high outreach component will involve setting up YMCA PRYDE, a proven self-esteem building program, at all three sites. Each agency will handle a component of the program. YMCA Pryde is a youth outreach, substance abuse and gang prevention program which moves youth through four levels: PRYDE in self, family, community, and the future. PRYDE strategies include peer counseling. social and recreational activities, multi-cultural events, community service projects, and family interaction. We will also establish youth advisory committees at each site to help with the planning and implementation of the program. Our collaboration is requesting $17.580 to fund the Junior High Outreach. Each site will be allocated $5,860 to be used as follows: $5,110 for personnel expenses and $750 for equipment, supplies, training and administration. The South Bay Family YMCA will serve as the fiscal agent for this collaborative effort. The YMCA. Boys & Girls Club and SBCS will provide in kind services from existing resources which will optimize the use of City funds to serve youth in our community. Sincerely. ~~ Tina Williams Executive Director Mission Statamant "The South Bay Family YMCA is dedicated to improving the quality of human life and to helping all peoplE realize their fullest potential as children of God through development of the spirit, mind and body. . h,,~ ,.,.. l"t-q CHULA VISTA YOUTH ACTION PROGRAM JUNIOR HIGH OUTREACH (SOUTH BAY FAMILY YMCA) MONTHLY FINANCIAUACTlVITY REPORT A-6 REPORT FOR MONTH OF: FINANCIAL EXPENSES Personnel Non-Personnel Total Expenses for Month PROGRAM ACTIVITIES (ATTENDANCE) Site Total for Month Ava. Dailv Attendance Bonita Castle Park Chula Vista Hilltop SPECIAL ACTIVITIES (INCLUDING SPECIAL EVENTS. FIELD TRIPS. ETC.) Please list the special activities provided by the Program during the month, including level of participation (e.g., attendance). Please attach to this report a narrative summary of program activities. highlights, etc. This infonnation will be used In quarter1y reports to the Mayor and City Council. MONTHRPT.YMC P"-;<f. -~ CHULA VISTA YOUTH ACTION PROGRAM PARTICIPANT QUESTIONNAIRE A-7 After-School Recreation Program Site 2. Grade 3. Age 4. How often do you come to the After-School Recreation Program? (check one) 1-2 days a week 3-4 days a week 5-6 days a week less than once a week 5. Before you started coming to the After-School Recreation Program. what did you usually do after school? (check one) Stayed home with adult supervision Stayed home with no adult supervision Hung out with friends with some adult supervision Hung out with friends with no adult supervision Other (please specify) 6. What activity do you like best at the After-School Recreation Program? 7. How do you feel about the Recreation Leaders in the program? Yes No Sometimes a. They are helpful b. They are caring c. They are fun d. They are easy to talk to e. They are dependable - over - ps.H , "\- \ \ A-8 8. Since you have been in the After-School Recreation Program, do you like school better? A lot better Better Same as before Like it less Like it a lot less 9. Do you feel safe at the Mter-School Recreation Program? Yes No Sometimes (please list what makes you feel unsafe sometimes) 10. Do you feel safe in your neighborhood? Yes No Sometimes (please list what makes you feel unsafe sometimes) 11. What would you like to change to make the program better? 12. Additional comments: PARTICIP.SVY 08{12;1l3 ~ ''4-1'3.. A-9 CHlILA VISTA YOUTH ACTION PROGRAM RECREATION LEADER QUESTIONNAIRE Name (Optional) 2. After-School Recreation Program Site 3. Position Title 4. Please rate the following areas of the After-School Recreation Program at your site: Excellent Good Adequate Fair Poor a. sports activities b. arts & crafts activities c. special clubs d. special events e. homework assistance f. library program g. other (please list) 5. Please rate the quality of the work environment at your site: Excellent Good Adequate Fair Poor a. staff relations b. physical surroundings c. availability of materials and supplies d. safety of environment e. support from school staff f. support from parents g. support from agency ancVor Parks and Recreation administra tion - over - .J ~ ./:r I 'i-t ~ A-IO 6. In what ways have parents been involved in the program? 7. In recruiting children to the program, what strategies were used to reach children most in need of the services offered? 8. What do you feel would make recruitment to the program more efficient? 9. Please describe any aspects of the Youth ACTION Program (overall) that you would like to see improved. 10. Additional comments: RECLDER.SVY O!\,1:I,I\J3 L- .h2 ;, I ~..I \.( CHULA VISTA YOUTH ACTION PROGRAM SCHOOL STAFF (TEACHER) QUESTIONNAIRE 1. School 2. Grade Level 3. Please rate the After-School Recreation Program in the following areas: Excellent Good Adequate Fair Poor a. recreational activities offered b. library program c. homework assistance d. . safety awareness of leaders e. attitudes of leaders toward youth f. motivation of leaders g. cooperation of leaders h. communication with parents and teachers 4. Compared to the rest of your class, the students involved in the After-School Recreation Program are: MUCH MUCH WORSE WORSE SAME BETTER BETTER IN THEIR ... a. abili ty to get along with others b. grades on school work c. attitude towards school d. attendance e. attentiveness in class f. self-esteem g. communication skills h. overall disposition - over - ~ , "i-\ 5 A-12 5. What do you feel the program has accomplished so far for: Students Parents Teachers 6. What would you like to see the program accomplish in the future? 7. Please list any problems or concerns you have regarding the program. 8. Please list any activities or programs you would like to see added to the present After-School Recreation Program. 9. Are there youth whom you believe would benefit from the program. but do not currently attend? If "yes", please list. We will do our best to contact these youth and get them involved in the program. 10. Additional Co=ents: TEACHER.SVY 081]:1,93 ,)~"! J V 1\4...'<<- ATTACHMENT B-1 LATE NIGHT TEEN RECREATION SERVICE PROVIDER AGREEMENT EXTENSION THIS AGREEMENT is made and entered into as of the latest date appearing opposite the signatures of the respective parties hereto, by and between Boys & Girls Club of Chula Vista, a nonprofit Corporation (hereinafter referred to as "Agency") and the City of CHULA VISTA, a municipal corporation (hereinafter referred to as "City"), concerning the provision of recreation programming for residents of the City of Chula Vista. NOW, THEREFORE, it is agreed by and between Agency and City as follows: I. Agency will provide ("Agency's Program") at the "L" Street or the Oleander Branch of the Boys & Girls Club ofChula Vista for a minimum often hours for two evenings a week of Late Night Teen programming. Agency to offer program one weekend evening and one other evening during the week based on recommendations from Youth Advisory Committee. Special Event programs (an event which departs from the routine, and is considered a program highlight), could occur and be expanded to other areas of city such as Oleander Boys & Girls Club site during the time period of the Agreeinent, under the terms and conditions of Agency's Proposal, attached hereto and incorporated herein as Exhibit A. The provisions of this Agreement shall control over any inconsistencies or ambiguities in Agency's Proposal. 2. It is agreed that the City will provide $14,288 ("Funds") to offset cost for staffing and supplies for the period of this Agreement. Funds shall be disbursed monthly through a City purchase order on receipt from Agency of such submittals ("submittals") as may be reasonably required by City, including, but not limited to, time sheets, expenditure receipts, and such forms as may be required by the Director of Parks and Recreation. It is the expectation of the parties that the Funds are intended only to cover the following minimal staffing pattern and non-personnel expense such as recreation and office supplies, printing and mileage. The total non-personnel expense funds budgeted may be expended during the first month of the Agreement, if necessary, and approved in advance by the City. The Funds shall not be used to pay for staff in excess of 1600 hours, cumulatively, of programming. Staff 1600 hours $13,553 The maximum non-personnel allocation is $735 and may include office supplies, recreation supplies, printing, d~plicating, mileage and any other appropriate expenses. Non-Personnel Expense: $ 735 I .P /r I '4 -I"" 3. CONSIDERATION - It is agreed that the Agency will absorb other necessary expenses for required services in connection with the Agency Program as their portion of the Agreement. 4. TERM - The term of this agreement shall be for a period 0['10 months commencing on September I, 1994, and terminating June 30, 1995. This agreement may be terminated by either party upon thirty (30) days written notice. The agreement may be terminated if one party fails to appropriate sufficient funds for the program as described in this agreement or any subsequent agrt:ement extensions. Upon agreement of both parties, the term of this agreement may be extended for five (5) successive one year terms by the signature of the Director of Parks and Recreation and Agency Director before the next extension begins on July I. Extensions will expire on June 30 in the year 2000, at which time the p~ogram and the agreement are to be evaluated by both parties. 5. NOTICE - Any notice required or permitted pursuant to this Agreement, shall be given by personal service or by deposit of the same in the U.S. Mail, postage prepaid and addressed tothe parties as follows: Agency: W. Scott Mosher, Executive Director Boys & Girls Club ofChula Vista 1301 Oleander Avenue Chula Vista, CA 9191 I City: Director of Parks and Recreation City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 6. COMMUNICA nON - It is agreed that Agency will report monthly, before each disbursement is to be made, on financial expenditures, programs offered, attendance, and a brief evaluation of activities on form provided by City, as Exhibit "B", as may from time to time be amended by the City. It is agreed that Agency will conduct surveys with the student participants, school staff, and recreation staff utilizing form provided by City, as Exhibit "C". Data obtained from surveys should be included in the final report. It is agreed that Agency will participate in the monthly Youth Coalition Meetings. It is agreed that, by July 15, 1995, Agency will submit a year-end report summarizing the entire program including the survey data, together with a financial summary, to the City of Chula Vista. 2 "J;A .. / y' , "i- t (' 7. INDEMNIFICATION AND INSURANCE - Throughout the term of the Agreement, at Agency's sole cost and expense, Agency shall keep or cause to be kept in full force and effect, for the mutual benefit of City and Agency, comprehensive, broad form, general cornrnercialliability insurance against claims and liability for personal injury, death, or property damage arising from Agency's operations, providing protection of at least One Million Dollars ($1,000,000) combined single limit. All insuraJ;lce required by this provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and rated A-5 or better in Best's Key Ratings, or the substantial equivalent satisfactory to the Risk Manager. Agency agrees the City, its elected officials, officers and employees shall be named additional insured on all such policies. All such policies shall contain language, to the extent obtainable, to the effect that (I) the insurer waives the right of subrogation against City and City's agents and representatives, (2) the policies are primary and noncontributing with any insurance that may be carried by City, and (3) they cannot be cancelled or materially changed except after thirty (30) days notice by the insurer to the City. Agency shall furnish City with certificates and policy endorsements evidencing the coverage outlined in this section. Agency agrees that it will indemnify and hold City and its elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or property by reason of Agency's negligence or intentional acts or those of Agency's officers, employees, agents or invites in connection with Agency's provision of Agency's Program, including either the Special Events or the ongoing recreation programming, to the maximum extent allowed by law. 8. PERMITS/CHARGES - Agency shall, at its sole cost and expense, obtain any and all other governmental permits, approvals or concurrences required. Further, Agency agrees that it shall promptly pay all charges required from private persons or corporations for which it is responsible, including, but not limited to food, beverage and services and supply purchases, relating to providing Late Night after-school recreation programming, and to protect and hold City harmless from any failure to make any such payment. 9. TRANSFER OR ASSIGNMENT - Agency shall not assign or transfer this. permit, or any interest therein, not shall this Agreement be subject to transfer or assignment by any court in any proceeding in which the Agency is involved without the Director of Parks and Recreation's prior written approval of such assignment or transfer. 3 ~ l'f-lq B-4 Now therefore, the parties hereto, having read and understood the tenns and conditions of this agreement, do hereby express their consent to the tenns hereof by setting their hand hereto on the date set forth adjacent thereto Dated: September 7,1994 City ofChula Vista by: Jess Valenzuela, Director of Parks and Recreation Agency: Boys & Girls Club ofChula Vista by: its (title) A IT ACHMENTS: Exhibit "A" - Agency Proposal Exhibit "B" - Monthly Reporting Document Exhibit "C" - Survey Documents Y APSign2.094 -'~ ~() , "f - '2.y Adm'nlatrllU",- Office 1301 Ol.ana., Ave. enule IIlItll. CA 91911 (~19) 421~11 (619)482-6738 'AX .RANCH L.OCA'IlOHS: 1301 OIe.Mdt, Av. enul. llIIIa. CA WI I" (6191421..0:::1 .e;s .... Street cnula Viala. CA 11111 (619) 42~1222 IIoard 01 DI,..,lo," 6uo w.",n Prellotnt Glorge Krlmp' VIoe Presidrenl of flnanc.o "oul Keple, Vice PresIdent 01 Aamlnl$frauon I Barros , . President Of Operallons Ca!t~rine Jlm:~cr, Secrel.ry/ TreaSlJrer RobAl"1 P. Fns Past Presldonl P.lllL:itl AIJI~ t1erolCl Coleman Jr Joseph M Con!e Xoma J.:oblOn Royee Jen..n tincts Jon,.. J.....y l("'9fr l. J_un Mattcla 8.njom,n Rich~r~on M.'Y P. SlOVlnsky W Scali Mesn., EXICLltIV' o.rector "rls lilt. A. member or9il!\lUtlUl'l U, 0.11$ 1nc>'1lOr.led BOYS & GIRLS CLUB OF CHULA VISTA 8-5 August 23, 1993 Mr. Jess Valenzuela, Director Chu1a Vista Parks and Recreation Department 276 Fourth Avenue chula vista, CA 91910 Dear Jess: Per your request, this letter serves as a revision to our proposal to provide the Late Night Teen Program. The Boys' Girls Club ofChula vista is requesting $14,288 to provide the Late Night Teen Program. The Club will serve as the Contracting Agency as well as the Fiscal Agent. The money requested will be used for personnel and employee related expenses. We will be working in collaboration with South Bay Community Ser- vices to provide late night teen activities within the scope of the contract. We will be working coopera- tively to plan, promote, set-up, and supervise the pro- gram. We will also be working cooperatively to facili- tate the Youth Advisory Committee. Approximately 50% of the funds received will be allocated to South Bay Ct,mununi ty Services to share in personnel expenses. The Boys & Girls Club will be finalizing the details of this collaborative effort with South Bay Community Ser- vices. Both agencies will work closely with the Youth Advisory Committee to determine the actual activity ~t.:llt:uule . Please note that the Boys , Girls Club is withdrawing OUl .tequesl to provide afterschool services to Hilltop Middle School as we will be part of the collaborative proposal submitted by the South Bay Family YMCA. Thank you very much for this opportunity. Should you need any further information, please let me know. Sincerely, _.~ W. Scott Mosher . Executive Director " Ut-.I"""'/CHAD ......... ft'- 11I.01",- ~~ 1~-2 I CHULA VISTA YOUTH ACTION PROGRAM 8-6 LATE NIGHT TEEN PROGRAM (BOYS & GIRLS CLUB OF CHULA VISTA) MONTHLY FINANCIAUACTlVITY REPORT REPORT FOR MONTH OF: FINANCIAL EXPENSES Personnel Non-Personnel Total Expenses for Month PROGRAM ACTIVITIES (ATTENDANCE) Site Total for Month Ava. Dailv Attendance "L" Street Branch Oleander Branch SPECIAL ACTIVITIES (INCLUDING SPECIAL EVENTS. FIELD TRIPS. ETC.) Please list the special activities provided by the Program during the month, including level of participation (e.g., attendance). Please attach to this report a narrative summary of program activities, highlights, etc. This Infonnation will be used in quarter1y reports to the Mayor and City Council. MONTHRPT.CLB ~ I "I...Z,Z- ClILJLA VISTA YOLJTH ACTION PROGRAM PARTICIPANT QUESTIONNAIRE B-7 Late Night Recreation Program Site 2. Grade 3. Age 4. How often do you come to the Late Night Recreation Program? (check one) 1-2 days a week 3-4 days a week 5.6 days a week less than once a week 5. Before you started coming to the Late Night Recreation Program, what did you usually do after school? (check one) Stayed home with adult supervision Stayed home with no adult supervision Hung out with friends with some adult supervision Hung out with friends with no adult supervision Other (please specify) 6. What activity do you like best at the Late Night Recreation Program? 7. How do you feel about the Recreation Leaders in the program? Yes No Sometimes a. They are helpful b. They are caring c. They are fun d. They are easy to talk to e. They are dependable over - ~ I '1. 2. !> B-8 8. Since you have been in the Late Night Recreation Program, do you like school better? A lot better Better Same as before Like it less Like it a lot less 9. Do you feel safe at the Late Night Recreation Program? Yes No Sometimes (please list what makes you feel unsafe sometimes) 10. Do you feel safe in your neighborhood? Yes No Sometimes (please list what makes you feel unsafe sometimes) 11. What would you like to change to make the program better? 12. Additional comments: LATEPART.SVY O&,I2f.l3 ).) ~ t. 1'1- 2. '" B-9 CHllLA VISTA YOUTH ACTION PROGRAM RECREATION LEADER QUESTIONNAIRE L Name (Optional) 2. Late Night Recreation Program Site 3. Position Title 4. Please rate the following areas of the Late Night Recreation Program at your site: Excellent Good Adequate Fair Poor a. sports activities b. arts & crafts activities c. special clubs d. special events e. homework assistance f. library program g. other (please list) - 5. Please rate the quality of the work environment at your site: Excell en t Good Adequate Fair Poor a. staff relations b. physical surroundings c. availability of materials and supplies d. safety of environment e. support from school staff f. support from parents g. support from agency an<l/or Parks and Recreation administration ~ '~...2.S B-10 6. In what ways have parents been involved in the program? 7. In recruiting children to the program, what strategies were used to reach children most in need of the services offered? 8. What do you feel would make recruitment to the program more efficient? 9. Please describe any aspects of the Youth ACTION Program (overall) that you would like to see improved. 10. Additional comments: LATELDR.SVY O&']:lI!l3 -I..' ~~6' 1'1-24 6-11 CHlJLA VISTA YOUTH ACTION PROGRAM SCHOOL STAFF (TEACHER) QUESTIONNAIRE School 2. Grade Level 3. Please rate the Late Night Recreation Program in the following areas: Excellent Good Adequate Fair Poor a. recreational activities offered b. library program c. homework assistance i d. safety awareness of leaders e. attitudes of leaders toward youth f. motivation of leaders g. cooperation of leaders h. communication with parents and teachers 4. Compared to the rest of your class, the students involved in the Late Night Recreation Program are: MUCH MUCH WORSE WORSE SAME BETTER BETTER IN THEIR ... a. ability to get along with others b. grades on school work c. attitude towards school d. attendance e. attentiveness in class f. self-esteem g. co=unication skills h. overall disposition ;:;.-;rr ,<<.4-2." 8-12 5. What do you feel the program has accomplished so far for: Students Parents Teachers 6. What would you like to see the program accomplish in the future? 7. Please list any problems or concerns you have regarding the program. 8. Please list any activities or programs you would like to see added to the present Late Night Recreation Program. 9. Are there youth whom you believe would benefit from the program, but do not currently attend? If "yes", please list. We will do our best to contact these youth and get them involved in the program. 10. Additional Comments: LATETCHR.SVY 0!\l12,93 ~ 1'I.1-t ATTACHMENT C - 1 CHULA VISTA YOUTH ACTION PROGRAM SUMMARY OF SPRING 1994 PARTICIPANT SURVEYS As part of the City's Service Provider Agreements with the South Bay Family YMCA (Junior High Outreach component) and the Boys & Girls Club of Chula Vista (Late Night Teen Recreation component), agencies were required to participate in a qualitative assessment of the program component. This qualitative assessment was to be accomplished through the analysis of responses to a questionnaire/survey by participants, program staff, and appropriate school administrators and faculty. A total of 31 participant surveys, 3 staff surveys, and 4 school staff/teacher surveys were completed and returned for the Junior High Outreach program; 28 participant surveys were completed and returned for the Late Night program. The results of the spring assessment are not representative of the program components' participants at the end of the first year of operation due to sample size, and for the Junior High Outreach component, distribution of the survey during the first few months of the new program. The results, however, do provide baseline information on the interests and needs of youth participating in these program components. A brief description of the results for each of the program components is provided below. JUNIOR HIGH OUTREACH A total of 31 surveys were completed and returned by program participants at the Bonita Vista, Castle Park, Chula Vista, and Hilltop middle/junior high school sites. Respondents were in the seventh and eighth grades, and were between the ages of 12 and 14 years. Highlights of the responses include: . 28 of the 31 respondents (90%) attended the program 3-4 days a week; 3 of the respondents (10%) attended 1-2 days a week. . 33% of the respondents reported that before participating in the program, they stayed home with no adult supervision, and approximately 28% reported that they had hung out with friends with no adult supervision. . 19% of the respondents reported that they "liked school better" since starting the program. . 100% of the respondents reported feeling safe at the afterschool program. . 95% of the respondents reported feeling safe in their neighborhood; 5% reported feeling safe some of the time. Analysis of responses from program staff indicated a general satisfaction with the quality of the work environment at the individual sites, and the activities offered (e.g., sports, arts and crafts, special events, and homework assistance). Parents have been involved in the program as volunteers, and by providing moral and verbal support for staff. Staff reported that recruitment for the program would be more efficient if there was more school involvement, a personalized room for the program, and a video that would show what goes on within the program. Areas for ~ , 'f - 2,..CII ATTACHMENT C - 2 improvement include more involvement and cooperation from all involved agencies, and more money for snacks and supplies. Responses from school staff at Bonita Vista, Castle Park, and Hilltop middle/junior high schools also showed a general satisfaction with the program (e.g., recreational activities offered, safety awareness of program staff, motivation and cooperation of program staff, and communication with parents and teachers); 90-100% of the respondents rated the program in these areas "good" or "excellent." Respondents also indicated that compared to the rest of their class, the students that they were aware were involved in the programs were the same, worse, or much worse in their ability to get along with others, grades, altitude towards.school, attendance, attentiveness in class, self-esteem, communication skills, and overall disposition. Respondents felt that the program provides students with "direction, care and concem, leadership, and a safe/fun place," parents with "altematives, involvement, and knowledge of where their kids were after school," and teachers with "supplemental assistance and cooperation." LATE NIGHT TEEN PROGRAM A total of 28 surveys were completed and retumed by program participants. Respondents were in the seventh through 10th grades, and were between the ages of 13 and 15 years. Highlights of the responses include: . 13 of the 28 respondents (46%) attended the program 1-2 days a week. . 21 % of the respondents reported that before participating in the program, they stayed home with no adult supervisi.on, and approximately 29% reported that they had hung out with friends with no adult supervision. . 29% of the respondents reported that they "liked school better" since starting the program; 79% reported liking school "better" or "same as before." . 89% of the respondents reported feeling safe at the late night program; 12% reported feeling unsafe some of the time because of gang members. . 89% of the respondents reported feeling safe in their neighborhood; 8% reported feeling unsafe some of the time (because of gangs and gang members); 4% reported that they did not feel safe. SRVYRES,SPR 09102/94 2 ~f JO l'f-3o COUNCIL AGENDA STATEMENT Item No. Meeting Date /6/ 9/20/94 ITEM TITLE: Report on Solid Waste Tip Fee for Non-Member cities to the Solid Waste Authority SUBMITTED BY: Deputy city Manager Krempl REVIEWED BY: City Manager 6 ~f~~~/5 Votes: Yes No ..1L On September 15, 1994, the San Diego Solid Waste Authority voted to effectuate new rates at the landfills -- 3 non-member city contract options as well as a daily rate of $74/ton. The new rates will start on October 1, 1994. The only exception is that the start date for the rate for passenger vehicles and pickups hauling waste to the landfills will be delayed until October 17, 1994. The rate for members of the Authority will remain at $55/ton. This agenda statement provides a status update and recommendation to Council as to how to proceed. RECOMMENDATION: To not execute any of the Authority's contract options but to remain a user of the system at the day rate of $74/ton until such time as a transfer station or pod system can be implemented. It is further directed that staff explore options to retain residential rates at the current levels in the interim and report back to Council. BOARDS/COMMISSIONS RECOMMENDATION: N.A. DISCUSSION: As earlier reported to Council, none of the non-member cities opted to sign a non-member contract as of September 15, 1994. This includes the cities of Carlsbad, Coronado, Escondido, La Mesa, Imperial Beach, Oceanside, San Marcos and Santee, plus Chula vista. EI Cajon withdrew from the system on July 1, 1994. Most of the cities testified and submitted letters to the Authority requesting additional time, aSking that rates be held at $55/ton, asking that rates reflect actual costs to operate the system, and asking that negotiations occur between the Authority and the coalition of non- member cities. All of these requests fell on deaf ears and the Authority opted to press ahead with their original proposals and left the time frame unchanged, setting an effective date of October 1, 1994 with a short delay for self-haul vehicles noted above. with regard to the day rate, it was set at $74/ton but the possibility of increasing it anywhere up to $133/ton was referred to the Audit and Budget Subcommittee for evaluation and report by January 1, 1995. /.s-- 1 A. AUTHORITY OPTIONS A synopsis of the various options -- becoming a member and the three contract options are outlined and evaluated below. Also, see the draft attached contract, Attachment A. for additional information. OPTION #1 Join the Solid Waste Authoritv as a Member This option poses the exact same concerns that were before the council in May, 1994 when a decision had to be made whether or not to sign the Solid Waste Management Authority Joint Powers Agreement. The issues are the operating costs and debt service for the NCRRA plant, system liabilities, the prospect of bonding by the Authority and a long-term commitment, and the onerous requirements and difficulty of ever withdrawing once one becomes a member. Below are the relevant issues from the staff report when previous Authority membership was discussed with the Council. (1) Transition of Countv Assets. Obliaations and Liabilities The city has repeatedly expressed concerns over liability issues to be incurred by Members assuming the assets, obligations and liabilities of this system. Of particular concern is the possibility of exposure of the member agencies' General Funds, outside of the CERCLA responsibility that currently exists. Additionally, staff feels the City has not yet received satisfactory disclosure on the status of the County's liabilities and pending litigation. Finally, city membership in SDSWA would include responsibility for the NCRRA facility. As Council has previously discussed, this facility is a major financial drain on the entire system. Extrication from this responsibility would require paying off the original construction cost, debt service costs, and other costs to the owner/operator. If the plant stays open, the current operating terms are unfavorable and expensive to the system. There are stiff penalties if minimum target waste deliveries to the facility are not met. (2) Wastestream Commitment The agreement contains a section dealing with "flow control." Throughout discussions over the past few years, concerns have been expressed by this City and others about the legality of flow control. In addition, this clause lays out the possible enforcement situations the City might have to undertake in order to meet the terms of the wastestream commitment. /S~2 It is of particular concern that the Agreement would require the City to take over collection of the municipal trash, if necessary to properly direct the flow. The likelihood of this occurrence is not the main point of discussion, but, rather, the binding nature of such undesirable terms. Also, the commitment eventually Agreement has no fixed term, so wastestream to SDSWMA is permanent unless a member agency can afford to withdraw. (3) withdrawal of Parties The withdrawal provisions are complicated and potentially difficult. The Agreement does not clarify what happens to "freed up" capacity created when a jurisdiction leaves the system, the rates that existing member agencies pay when this occurs, and whether or not the departing entity receives any credit for having extended the life of the landfill system. In addition, given the recent experience of the City of EI Cajon, the probability exists that the withdrawing agency will be charged a share of future system liabilities at the point of departure. If bonds have been issued by SDSWMA (which is a likely scenario), those obligations will also need to be met by the withdrawing party. Thus, the prospect of joining the Authority as a member is riddled with risks and doubts. OPTION #2 sian a 3-vear deal at $65/ton (no CPI increases) with the obliaation that if the Authoritv can reduce rates to $48/ton at that point. the citv would automaticallY sian a 10-vear extension. The rates would be ! 5% of the $48tton, plus an additional $lOtton for non-member consideration. Thus the rate at the end of year three could be $60.50. The major problem with this option is that it constitutes a l3-year deal rather than a 3-year deal. Increases during the la-year extension would be subject to CPI and change in law or regulations. Another concern that has been expressed is that by signing a contract with the Authority, a further nexus for charging NCRRA or other system liability costs might be construed. Finally, the assumptions, which were the basis of the rate study performed by Deloitte Touche and the contract options specified, are not valid. /{;-3 Assumotions (1) that the System will be composed of sixteen (16) cities and the county. Oceanside will likely pullout on september 21, 1994. Escondido and Carlsbad are looking at transfer station options. other cities are exploring "pod" truck systems or leasing the WMS "pod" system from Waste Management (the hauler for El cajon and Oceanside) as possible alternatives cheaper than the Authority rates; (2) that the total mixed waste tonnage for the System for FY 1994- 95 would be 1,160,000. Obviously, that tonnage figure is not going to be realized. It may be doubtful that the Authority can adjust fixed costs or downsize the system quick enough to match quantity reductions in tonnage, thus requiring rates to rise; and (3) that the commercial haulers from the city of San Diego would continue to use the JPA's System at the same level as in the past. Due to the rate differential between San Diego and the Authority ($43 vs. $55), private haulers have already stopped using the Authority system because it is simply cheaper to dispose at Miramar even with the additional transport cost from South Bay. OPTIONS #3 AND #4 Five Year Contract ootion at $72.50 olus CPI or Ten Year Contract Ootion at $67.50 These options have received very little interest from non-member cities. The ten-year period is too long and the five-year rate is such that it is economically unattractive. It would take 7-10 years to amortize the additional costs, once a transfer station or a pod system were operational, following the 5-year term with the Authority. B. TRANSFER STATION OPTION On July 19, 1994, the city council approved contracting with John Sexton Sand and Gravel and Chula vista Sanitary for the first phase of a transfer and materials recovery facility. The scope of work incudes siting, conceptual design and permitting. The council approved business terms with Sexton and authorized that a contract be executed. The contract was held pending a rate decision by the San Diego Waste Authority on September 15, 1994. The contract can now be signed and proceed. On September 6, 1994, the City council narrowed the possible sites from 14 to 3 and directed further analysis and review. Staff expects to be back in a few weeks with additional site information. / [;- 4 The rates in Sexton's original RFP response for transfer, haul and disposal inclusive were $46.30 for truck haul and $53.03 for rail haul. While these rates are not guaranteed at this point due to the way the contract has been phased, they clearly indicate that significant savings from current and future Waste Authority rates can be anticipated. One further idea being explored with Sexton is the possibility of financing the cost increase between the current rates and what the Authority will charge as the day rate for the time gap until the transfer station is operational. This might still result in a very competitive and cost-effective rate over the long term. In sum, it is recommended that the transfer station option be pursued as expeditiously as possible. C. POD SYSTEM OPTION On September 8, 1994, Laidlaw Waste Systems submitted a proposal for a pod system to transport waste directly to a yet-to-be determined disposal site. A rate of not to exceed $53/ton was quoted. Equipment purchase and production might take up to 40 weeks to achieve. On september 13, 1994, Council directed staff to explore the proposal in greater depth. A letter (Attachment B) has been sent to Laidlaw requesting more detailed information. One of those requests again asks if Laidlaw can finance any interim rate increases and fold them back into their rate structure paid over time, thus again avoiding passing any rate increase on to the rate payers at this time. There may be other financing alternatives to accomplish the same thing as well. It is recommended that staff continue to investigate the pros and cons of the pod system and its possible role as a component of the overall Chula vista Solid Waste system. COMPARISON OF OPTIONS AND IMPACT ON RATEPAYERS Attachment C summarizes and compares the options discussed above, focussing on the relationship between the tip fee to be expected and an estimated monthly cost of refuse and recycling service for a single-family household (SFH). FISCAL IMPACT: It is difficult to accurately forecast or effectively describe the fiscal impact of the options presented for consideration. For illustrative purposes, the following 5 year cumulative impact of the two most appropriate choices are compared below: If:--- 5 option #3- 3 Year Non-member Contract with Authoritv Assumptions: o 120,000 tons annually remain constant o No CPI increases o Authority achieves committed reductions and City enters into non-member contract in Year 4 Cost first 3 years @$65/ton Cost next 2 years @$60.40/ton $23,400,000 $14,496,000 TOTAL $37,896,000 Transfer station option Assumptions: o 120,000 tons annually remains constant o No CPI increase o Day rate to Authority remains fixed for first 18 months o Does not include costs for household hazardous waste program and LEA services after first 18 months (estimated at approximately $1/ton extra for both services) o Transfer station cost based on Sexton proposal for truck haul to Campo Landfill Cost first 18 months @$74 Cost next 3-1/2 years @$46.30 $13,320,000 $19,446,000 TOTAL $32,766,000 /{'- 6 //~-}' SOLID WASTE AUTHORITY Attachment A FAX COVER. SHEET ;>[:;.pLEASE EXPEDITE DELIVERY OF FAX/TIME SENSITIVE Date~ No. ofPa&es 'if (JneJudlll& Cover) Name: ..NDH.- tttJ.6b'-t" i~~,,",~~u!. ~ f-!~rr~""~.v..;~ Aaency: ~A(I,b....D I (J..'.v.,l-" ", r""",,.,J,,, J;l t....,;... Fu.u!:J", -r~..'::.J ~M1" J,." M'....., $"....ee I So.\.Il m..reo:J1--.J:. ,......5.ie.. ~""-- Pax Number:' VA...;,..< " Te1ephone: Number: . \/04 r1..., SUBJECT:CIlH~ llt"'C~~(.... :' ...................... Sender: Tom Webster/Lin Wurb.. Solid Waste Authori~. 1600 Pacific Hh'hway Room 215. San niel!o CA 92101 Fax Number: 619/531-5794 Telephone: Number: 619/531-6174 COMMENTS: ~ Por your Information _ Confidential _ This materlalls beIng forwanled. per your request _ Please schedule the following ~g on your c:alendar: Please call to diic:uSl further. . ADDmONAL COMMENTS: c./..~A.1N"_J.lI..P::,ti-' :7~~ ,-V- "-k 11 - r""- I\\......"'j-u'''' J!:' Iii. . _. mr...~'?"~(... ';"1'1"1 ~~(' ~ 4G.o...Ih<,. 1'.ooI.....A..6L-CtN le..~LA..rlf....::,y'_. Or'';'s ~ h..~ ~~~O WII~fJ2 1"(t5~t lil f'.t. 'f'or~t-'~ SUkD~. ~lt4$C. k ^.f' hal'-"....~ CM~:,.6lA.~ ~ Tv.. !1tIIt. d ~lC.(~~~. -r;:: tJ~~U'-~;Q~,~ uJuAs - " l~ ., It the lDConnatioD )'ou receive Is lBealble or Incomplete, please call 531-6174. /r;~1 BO/tO'd ttO'ON 60:Zt ~6'6Z 6n~ A1I~DHln~ 31S~~ GIlDS SOUD WASTE AUTHORITY DRAFT AN AGREEMENTBETWEEN SAN DIEGO SOLID WASTE AUI'IIORITY AND THE CITYOF PROVIDING FOR TIP FEE RATES AND OTIIER TERMS AND CONDmONS THIS AGREEMENTis made this _day of - 1994 (the "El'fective Date"), by IIIId betwee4the SAN DIBOO SOLID WASTE AUTHORI1'l', (hereinafter referred to u . Authority"), IIIId the CITY OF ' (hereinafter referred to .. .City"). RECITALS WlIEREAS, the Authority was formed under ajoint powers authority agreement ("the IPA Agreement.) between the County of $anDieao and the Cities of Del Mar, Encinita.s. Lemon Grove, National City, Fowl)', Solana Beach and Visla on June t, 1994; and WRJrR'lJ:"'~,pursuant to Government Code Section ~oo ct. seq., the Authority may exercise the common powers of its member agencies, whicb are further described ~ the JPA AlfCCIIlent; IIIId . . . WHmtE.As, the JPA AJreemenI provides Cor the _rer to the Authority of the operation, l1llUIaPII1ent, control IIIId OWDer$bip of the County 80Iid WIlle system (the .Regional System"): and 1 waE.REAS, the Authority is responsible b the administration of the Reiional System: and WllEREA.S, the Authority may properly establish rates and (ees (or the use of the e ~.' _ ::'RcgiO~ JS)'stem~ incltidi.tli ~tion of the cosb of opemtion and;'~ :CMd-lh&: ~ ',-.: .. - settins"QfColieijxiridtiii user -feeCwtUch shan bC'applicabli' 10 ihCi;eiicles ana piartiesh' desirina continued use of the Re&iona1 System without corresponding particlpatiOll In the Authority: WHEREAS, tho PartieI cIeIln to enlel' into lIIl llreemenl for the purpose of estab1ishln& the riahts and obliptioas .pp1icable to the City's use of the Rc&1onal System over tIw..term Qf .thj.A.aM~: .J!l4 _._ _' - - o..____ . WIlEREAS, It is the Intent oIthe parties that the City shall be offered an opportunitY to becolM . volin. member of the Authority in COI1iunction with the success of the Authority In manqin& the Rcatonal System In a manner that effects an lICtual reduction in the c:octl of Operatill. and maintaining the Regional System. 1 ~ /(-? BO/ZO'd 110'oN Ol:ZI ~6'6Z 6n~ AII~DHln~ 31S~A GIlDS NOW I TRllRltFORE,In conaldcradon of die ~ts and obllptlons of each of the Parnell hel'CUllder, the Parties agree" as follDwl: 1. Non-M..mhHo CIty TIn J'H RAt~A The parties qrec that the Cily of Ihall continue its we of the Regional $yam for the di~ of ill munlclpa1 lOUd waste, which thai! be o( a type aencrally accepled for disposal at munlc:ipal landfills. The City qreet to pay a Base Fee for we of \be Regional System ofSixty-fiveDol1ars (S6S.00) pee ton ohotid waste delivered (the "Due Foe-) for a period of duM (3) years from the effective date of this Aareement (the "BIJc Period"). Durill8 1be Base Period, the Base Fee shall be inc:reased by the Adjusted CPr. The Adjusted CPI will be in 8CCOI'dance with the Consumez Price Index for the then current year, which Is applicable to the San Dleao Urban Area, -minus the cPt effective on .1994. 2. Imu.' The wm of this Aareement shalt be for a period of three (3) years from the Effective Dalle of thia Agnlemcnt. 3. C~'. Contlnl1lnl1 Obllatl01lll to R_ln with ~)'df'm. A. Conditional MembershiD Obliption. ,. --~ --" ..::. .. ~-' -':~ On or befOlC three (3) years from the Effective Dale, the Authorily may reduce the Base Fee to Forty-eipt DoIla,. ($48) per Ion or less (the -Reduced Fee"); provided howevez, that the Reduced Fee may, at the election of the Authority, include a S" increase from the Forty-eiaht Dollar ($48) amount In accordance with actual chanaes in the costs of operatina and OiftalriWiUna-'tbe- ~onal System. I,~: d -l~ ,I ".l.;<' -', .:~,- ~ ,__>. ... ...._ _... _ -r.... -. .~. - .....-~ --~ ,_. .. _.~ - ,-.. B. Nnn- of Settil\' af TIP Fee Rate. Authority shall serve written notice to City of the Reduced Fee and the exteGdecl term tip fee applicable to ItIlVices to be provided under this ~ment for the subsequent fourth (411) year by not later than sixty (60) _ ~p~r,'-9,~_tef!lli_natfm dateof_~e 1hrce <3tyear ~'- --- ----- 2 /5""-; BO/~O'd llO'ON Ol:ll ~6'6l 6n~ AII~OHln~ 31S~~ OI10S c~ T~nnlftSltfnn RA~- (Yt HI,h~ Tin Fee. In the event that II!e Authority bas DOt served the notice provided for in mbparagmpb B by the dale sixty (60) day. prior to the termination elate of 1I1i. Apwment. III obliplions mcI riahll as set forth in !hi. A,reement .hall then automatl.cally tcnninate. D. Rec:l....-I Pee Achieved/City Membenhlp or Tell. YeIII' JixtMgion. On lIOtiee by tile Authority lhat the reduced fee has been acllieved either: 1. City abaIl noli1Y the Authority ot ill deciaioo tq become a voting member of the Authority ie accordance with the procedures and term. of the JPA Agreement, ,or 2. City and Authority aaree thatthia Agn:em~t. shall automatically extend for a period of ten (10) years. B. Tin Pee Revision ~ I. If the City becomes a volin, member of the Authority tho tl})-t'eo shall be the fee paid by the voting members of the Authority and this AJIeement ahall teonlnate. 2. If the Aareemcnt II extended for ten (10) years, thCll the Base Fee ihaJl be adjusled to the sum of the Reduced Fee plus Tell. Dollara pee too ($10), which amount ahaIl be paid by City durina the fourth year followina the Effective Date. Thereafter, the Base Fee shall be the 111m of the Reduced Fee plus Ten Donars per ton ($10) ptu. the CPl. ~~~~:~l~o ~l;~'~ Ji~_~ ~l../.~'-..;,. ..."" -',', ~:;<:.:~ J,,'t.;.I~ ""'0 ,- -,,--.,- ."...-.. 3:-- "-'tbe-tipf."may be" nu1fiCi adjusted by tbe "7luthority'"P from time to time during the extended term as necessary to reftect costa from dlanses in federal, atate or local law or oc:c;urrina due to .Coree lIIl\leure. events, includina but DOt limited to acts ofOod, natun! diaasten, or other ClIWtrophic events. -f- 3 /~~ / cJ SO/vO"d 110'ON 11:Zl V6'6Z 6n~ ~lI~DHln~ 31S~~ GIlDS P. ~ NNw of Decision . City ibal1 DOtity the Authority In writina at lcut thirty (30) days prloc to the leI'IlIination of this Asreement of lIS declslon to either become a votlna member of the Authority or to continue use of tho Rqional Sy&tem undu the extended lICrJ1\ of this Aarecment. It City e1ects to become a member of the Authority, It sball complete ~ to join the Authority durin& the thirty (30) day period fonowinS the expiratioo date of thi. Aareement. G. Periodic Unmle.t . 'l1Ie Authority aarea to prepare Rqional Syl1em Reports, which shall be delivered to City OIl oc \)efolll July 30 of each year. Eacb Re&ional System Report shall identify the financial slal\ll of the Jle&iorlal System and provide detailed information u to tho progress of the - Authority In rclChina the Reduced Fee. The Regiooa1System Report abaII be prepared in a.:;~rdance wiih the audit RquUementa .of the JPA Agreement. The Authority shall prepare prompt and complete responses to" questions received (rom Cily with respect to any Regional Sysll:m Report. 4. City'. Waste Flow. City aarees to deliver, or arrange 10 have delivered, allllllCeptable waite aenerated within its municipal boundaries 10 Authority's/County's system facilities. A. Chan~e in Law. "f, .-. .;,-.:_-' c It a change or interpretation in applicable law impairs or prec1udes either Party f'rom comply!na with 1hia Section, such Party shall UIe its best efforts to the extent practicable to effectuate eucutive, leJislativc or judicial chanle in or relief from said change of law so u to enable City to lawfully resume this ,.~'~'. IObliietiOJl'to:-de1fYVWUleto~facilities. l,_~<.:".l,^.j .:....;"". .1r",_" ..... _..~ _... .,.. .... _ _ ._..~ _ _ ... _~'.' ~ . _ ow' ...._ ..... " .- . .' .~_.. B. """,",,,Ineatlon . Authority aarees to indemnify City from the rasonablc costs, fcea and ~ iaeurrcd in defCllCli"a any le&al cha1Ien,e brouaht to eI\loin the enfo~mcnt of Section .. of this Agreement. .................~.~. ".-_..., .---.,.... 4 ---- / J -II BO/SO"d llO'ON ll:Zl ~6'6Z 6n~ ^lI~OHln~ 31S~~ GI10S C. ex"".ptlon for V""W'llni Acdvlde.. Notwithstanding anything in this Section to th~ ~trary I City sball have the naht to recycle any IOlid waste by any means Idectcd by City, and any such rKycled mal&rial Iball be exduclecl flOm Ibis diIected waste flow contractual obligatioo. 5. AuChoritv'.Servlce OblkladoDl. Authority, throu&h its JPA Agreement poweR, willprovide, or awse to be provided, the service of manaaement, h8nd1ing and disposal of all IOlidwaste aencratcd by its member1 and non-members choosinl to contract for system crvi<:cs. , Nothinl in thi. AlfCClment shall be deemecl to prohibit or preclude Authority from providing manasement, handJini and disposal or lOUd waste generated outside the County Raion, or preclude the dispoIal of I)'ltem directed waste at dispoaal facilities outside the region. In the event that a change ill applicable law impairs or precludes the Authority from c:omplyina with this obligation, the Authority shall use its best efforts. to the ,extent practicable, to effectuate eltcculive, Iqmalive or illdicial change' in or mllef from the applicability of such .law SO as to enabtethe Authority tawfVlIy to ~ume compliance with this obllgatioo as lOOn as possible following the change in applicable law. The eltercise of such best efforts by the Authority unci<< such clrcumllanCCl "'all be deemed to be suffICient to satisfy this oblilaUon. 6. SevBRh&Utv. In the event that II IUbsl3ntive provision of this Agreement "'all be determined to be invalid, lIIegal or unenforceable in any respect, the Parties hereto shall negotiate in lood faith such amendments, modifications or IUpplemenu to thi. Agreement or such other " u. ~ > appropriate liCtioii 'oM' Illa1f,' -eo the maximum elttent practicabW i 4ft, ,-Jijllt 4> ..iichi j. ',.- -. dC:tenitinatrori,' "linpTemCnt aner aivecffCCi to~iDiCOtioDsOf1hC'Pariicl' as re1I.cc:tar hemn:"' If neaotladonl when held in good faith fail, the Parties witt have the riah' to terminate thi. ACreement. 7. Notices. .,fill lIQlioes,~or ~ punuant fO this .A&rcen\C!lt shall be In wrIdng,._.M!. - notices, demand. and nq,ueatI 110 be IIIIIt to any Party ahaIl be deemed to have been ptupedJ afven 01' aerved 011. the date ICtUaI1y ncelvecl, If penooally served or deposited bi the Unlted Statel mail,lIddressecl to IIICh Party, postage prepaid, qlstcrl!d or cert1flec1 with return ftlCeipt requestecl, at the addresses identified below. s SO/90'd llO'oN Zl:ZI ~6'6Z 6n~ /6~/~ ^lI~DHln~ 31S~~ GIlDS TO AUTHORITY: San Dieco Solid Waste Authority Attention: Mr. Tom Webster Interim OerIeral Manager 9621 Ridachaven Court San Diego, CA 92123 TO crn': . I. Atf.on1ew' Fees. In the event of any action or proceeding at law or in equity between Authority and City to e.nforce any provision of this Agreement or to protect or establish any right or remedy of Authority or City, the unsuccessful party to slIch action or proceedina shall pay to the prevallin& party, all coats and eltpcnscs, including without IimilatiOl1, RllISOI1able attorneys' and paraJeaals' fees and expenses, Incurred in such action or proceeding and in any appeal in conneCtion therewith by IUch prevailing party, whether or not such action, proccccIin& or appeal is proscc:u1edto judgment or other (mal determination, together wIth all casU of enforcement and/or collection of any judgment or other relief. ,. Entire Afl'l!MIcnt. This AgreeIlUll1l, together with any other writte.n docllment referred to or contemplatccl herein, embodies the entire Agreement and unclerSWlding between the Parties relating to the IUbjcct matter berct.o and may be modified only by written agreement signed by all of the Parties. 10. Authority to Execute. ~ > _: . '" I. ~Eacla if~ .wan'llDis".dW it has the authority to enter ln~'.thi. ~eatic,l. G ~ -.- c ..-. "., ~ '.-..._,- . ',' ..... ''r'' ....... ~.. -- -~, _. ' ~' -.~ ., ",~!._.'.~" --', - . .._- . 11. Ueadlnes. The captions and hcadin&s in this Agreement are for COIIVCIIience OIIly and shall not define or limit the provisions hereof. 12. Wal!~~. H'_' No breach of any provisiOl1 herein can be waived unlal in writing. Waiver or any one breach of any provision helein Iha11 not be cleemed to be a waiver or any other broach of the 181I\8 or other provision hereof. 6 /:5-:'-/;3 BOILO'd 110'ON ~l:~t ~6'6~ 6n~ AII~OHln~ 31S~~ OIloS 13. R"..-Jles. All Partla heteto thaIl have the right to c:ommenc:e any ICtion at law or equity, Includina speclftc pe.rtormance, eo remedy a breach of the terms barein, provided that neither Party shall have the right to terminate this Agreement except .. provided ~in" , IN WITNESS WIIEREOI', the Autlaity &lid the City have signed this Agreement .. or this date first;=t forth above. A,U'l1IORlTYI SAN DIEGO SOLID WASTEA,11THORITY By Chairman CITY: CITY OF By ~~.f.~'~ . ~~ _,' f~;~~ 7~'c~ -~t r'1....:'-.:.-J,.,.:. .:.J..::..c......'1 ....... 1__ -......-........,.. "".- ..-...-...... ", -. -..... .,... -.... _.....- -- .-... ... 7 -.. ._.~.' -."-_. - ---~ eO/SO"d ttO'ON ~t:~t P6'6~ 6n~ /:5~/?j-:;4 AlnloHln~- 3.i.s~l'\a-IlOS ~\(/~ :- ~~ - ~~-~~ --- Attachment B CllY OF CHUlA VISTA OFFICE OF THE CITY MANAGER September 14, 1994 VIA FAX 421-0841 Mr. Jim Weaver, Market General Manager Laidlaw Waste Systems P. O. Box 967 Chula Vista, CA 91912 RE: New service Vehicle Disposal Option Dear Mr. Weaver: On september 13, 1994, the Chula vista City Council acknowledged receipt of your September 8, 1994 proposal for a "pod" system service option to meet our solid waste needs. The request was referred to staff or additional evaluation. I would appreciate your responses as soon as possible to the following questions/issues and any additional information you may have: 1. What is the cost breakdown of the $53/ton tip fee figure you quoted between haul, disposal and amortization cost of the truck equipment you need to purchase? 2. What disposal sites/rates have you pursued? 3. When will a model of the truck equipment be available to look at? 4. How can the ordering time for the equipment be reduced, if possible? Can any other system equipment be utilized to minimize the purchase of new chassis? 5. Can you expand on the positive impact implementation of a unit based pricing system would have on the quantity of new equipment needed? 6. Can the equipment arrival be phased in such that segments of the waste stream can be withdrawn from the county system sooner than the total 40 week delivery period? 7. What are the business terms that Laidlaw might desire as a consideration for providing the equipment? 8. Please confirm the capacity of the truck and trailer and what waste stream could not be handled? 276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910' (619) 691-5031 . FAX (619) 585-5612 @ PoIt..eor..-Rtc:ycltdPap.< ,,- . /5>)5 9. What kind of contract term and with what kinds of escalation is the disposal part of the $53jton tied to? 10. What impact would a short-term only usage of a disposal site have on the rates you quoted? 11. Please comment on Laidlaw's willingness to finance the cost of the tip fee increase to Chula vista for the time gap before the system can be implemented (Le., say the difference between $55jton and $74jton for 10 months). What effect would that have on your overall rate? 12. How long does it normally take to amortize your equipment cost? 13. What response to the proposal have you received from Imperial Beach? Would it be your intent to use the equipment anywhere else? 14. Any other information you might have? Thank you. Sincerely, 4 ~A '7/' George Krempl Deputy city Manager /}~ GK:mab / S-~ /0 CITY OF CHULA VISTA ~ \ ~ Comparison of options and Impact on Ratepayers Attachment C TIP FEE/TON Authority options #1. Member $55 #2. 3 yr. Non-member $65 $60.40 #3. 5 yr. Non-member contract $72.50 #4. 10 yr. Non-member contract $67.50 Transfer station option $74 for 18 mos., $46.30 (est. truck) $53.03 (est.rail) "Pod" system onlY $74 for 10 mos., $53 (est.) after SFH RATE. COMMENTS $17 . 27 Responsible for all system liabilities including NCRRA. No assurance where tip fee will go as various cities pullout and tonnage decreases. $18.63 $18.00 Either 3 or 13 yrs. After Yr. 3, subject to increases in CPI and change of law. Assumes the City has full liability for NCRRA and closure, post- closure. $19.65 $18.97 $19.85 $16.09 $17.00 Possibility of long-term contracts at low disposal rates with only CPI increases. Possibility of host fees to city from transfer station. $19.85 $17 . 00 still eyaluating. . SFH rate is based on monthly cost beginning 11/1/94 and includes cost of refuse, yard waste and curbside recycling. I.... I... I.... I... I..... I.."'" League of California Cities 1400 K STREET . SACRAMENlD, CA 95814 . (916) 444-5790 California Cities Work Together July 11, 1994 To: The Honorable Mayor and City Council From: Don Benninghoven, Executive Director Re: Designation of Voting Delegate for League Annual Conference This year's League Annual Conference is scheduled for Sunday, October 23 through Tuesday, October 25, 1994 in Long Beach. One very important aspect of the Annual Conference is the General Business Meeting when the membership takes action on conference resolutions. Annual Conference resolutions guide cities and the League in our efforts to improve the quality, responsiveness and vitality of local government in California. It is important that all cities be represented at the Business Meeting on Tuesday, October 25, at 9:30 a.m. at the Long Beach Convention Center. To expedite the conduct of business at this important policy-making meeting, each city council should designate a voting representative and an alternate who will be present at the Business Meeting. League Bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. A voting card will be given to the city official designated by the city council on the enclosed "Voting Delegate Form." If the mayor or a member of the city council is in attendance at the Conference, it is expected that one of these officials will be designated as the voting delegate. However, if the city council will not have a registered delegate at the Conference but will be represented by other city officials, one of these officials should be designated the voting delegate or alternate. Please complete and return the enclosed "Voting Delegate Form" to the Sacramento office of the League at the earliest possible time (not later than Friday, September 30, 1994), so that proper records may be established for the Conference. The voting delegate may pick up the city's voting card at the designated Voting Card Table located in the League Registration Area. The voting procedures to be followed at this Conference are printed on the reverse side of this memo. Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated. If you have any questions, please call Lorraine Okabe at (916) 444-5790, ext. 236. IE' c -/ League of California Cities Annual Conference Votin~ Procedures 1. Each member city has a right to cast one vote on matters pertaining to League policy. 2. To cast the city's vote a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. 3. Prior to the Annual Conference, each city should designate a voting delegate and an alternate and return the Voting Delegate Form to the League for use by the Credentials Committee. 4. The voting delegate or alternate may pick up the city's voting card at the voting card desk in the conference registration area. 5. Free exchange of the voting card between the voting delegate and alternate is permitted. 6. If neither the voting delegate nor alternate is able to attend the Business Meeting, the voting delegate or alternate may pass the voting card to another official from the same city by appearing in person before a representative of the Credentials Committee to make the exchange. Prior to the Business Meeting, exchanges may be made at the "Voting Card" table in the League Registration Area. At the Business Meeting, exchanges may be made at the "Voting Card" table in the front of the meeting room. 7. Qualification of an initiative resolution is judged in part by the validity of signatures. Only the signatures of city officials, who, according to the records of the Credentials Committee, are authorized to use the city's voting card and who have left a sample of their signature on the Credentials Committee register will be approved. 8. In case of dispute, the Credentials Committee will determine the right of a city official to vote at the Business Meeting. L: \policy\acres \ voteproc lYe ..,2.. CITY: LEAGUE OF CALIFORNIA CITIES 1994 ANNUAL CONFERENCE VOTING DELEGATE FORM 1. VOTING DELEGATE: (NAME) (TITLE) 2. VOTING ALTERNATE: (NAME) (TITLE) ATIEST: (NAME) (TITLE Please Return To: League of California Cities Attn: Lorraine Okabe 1400 K Street Sacramento, CA 95814 FAJ{: 916/444-8671 Not Later Than Thursday. September 30. 1993 10 /8'c - J L:\policy\acres\votedel.hr ',-/.j /..- ), OFFICE OF THE MAYOR TIM NADER ........-.....,. - - -..-.-...- July 7, 1994 The Honorable William Cannon Presiding Judge South Bay Municipal Court 500 Third Avenue Chula Vista, California 91910 SUBJECT: BOARD OF ETHICS APPLICANTS Dear Judge Cannon, Enclosed please find copies of the current applications on file with the City of Chula Vista for the Board of Ethics. The Board of Ethics recommends standards of ethical behavior for City officials, and reviews alleged violations of such standards. The Board of Ethics has 2 vacancies at this time. In the past, the Presiding Judge of the South Bay Municipal Court has reviewed, interviewed and recommended individuals to serve on the Board of Ethics, so as to avoid the appearance of a conflict of interest on the part of City officials making these appointments. To that end, would you please be so kind as to review and submit nominations to the Mayor's Office, 276 Fourth Avenue, Chula Vista 91910. If you have any questions, please feel free to give me a call at 691- 5044 or 425-8356. Thank you for your assistance in this important role. Sincerely, ~ /I.A~(: Tim Nader Mayor TN:pw Encls. ethics 276 FOURTH ...VENUE/CHULA VIST.... C...L1FORNI... 91910/(819) 891-54)<< ) St/ - 1- OFFICE OF THE MA. VOR TIM NADER ~ CHUlA VISTA August 4, 1994 The Honorable William Cannon Presiding Judge South Bay Municipal Court 500 Third Avenue Chula Vista, California 91910 SUBJECT: BOARD OF ETIlICS Dear Judge Cannon, Another member of the Chula Vista Board of Ethics, Janet Richter, recently resigned to move our of the state. This brings to 3 the number of current vacancies on this 7-member board. If you could please review applications and make your recommendations at your earliest convenience, it will facilitate our ability to fill these important commission seats in a manner consistent with the need for impartiality on the Board of Ethics. If you have any questions regarding this matter, please do not hesitate to call me at any time. We look forward to hearing from you soon. Hope all is going well with you. Sincerely, '.]I: /l~~ Tim Nader Mayor TN:pw Ends. p.s. Enclosed is the application of Joanne Carson, to be added to the other applications previously sent on July 7. We received Ms. Carson's application last week. Thanks again for your help. ifjC/- 3 276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 919101(619) 691-5044 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . .. In order to provide continuity in board, commission, and/or committee membership the terms of office are staggered; and individuals may be appointed to more than one term. Provisions of the City Charter limit the number of consecutive terms served on a board or commission to two, thus providing the opportunity for maximum citizen participation. When new boards or commissions are formed or when a majority are appointed at the same time, members will draw straws to determine the length of terms in order to defer later loss of talent when the terms expire on the same date. However, on selected occasions, board, commission, and/or committee members may be appointed to another advisory body: thus retaining a valuable pool of talent and e::perience. Attendance _ If a member of a board or commission is absElflt consecutively from three regular meetings of such board or commission, unless by permission of such board or commission expressed in its official minutes, or is convicted of a felony or crime involving moral turpitude, or ceases to be a qualified elector of the city, the office shall become vacant and shall be so declared by the City Council. [Charter Section 602(c)). Also, the City Council has established the following attendance policy for all boards, commissions, and committees: (Policy 110-03) . Members shall be required to attend 75% of the meetings called during one fiscal year. This requirement includes special meetings, conferences, and workshops. . The boards, commissions" and committees shall have the authority to grant approval for certain types of excuses as approved by the City Council. . Official excuses shall be defined as illnesses (family and/or personal), business commitments, vacations, and "Acts of God." . An excused absence from any meeting must be called in to the secretary or chair prior to the scheduled meeting and shall be recorded in the minutes as excused or unexcused by a vote of the board or commission. . Any member who is nearing the percentage of missing 25% of the meetings shall first be given written notice by the secretary or the chair so that he/she can request a clarification from the assigned b/c/c. . In July of each year, the secretary shall submit to the City Clerk a record of attendance. This attendance record will note the percentage of absences for the members for the preceding fiscal year (July 1-June 30). Any member missing 25% or more of the b/c/c meetings during the past year without official excuses shall automatically have his/her seat vacated. /' -12- --Ui'.6 - j - ~~~~"'I \'\0-- \ THIS PAGE BLANK IGt.., 2.:~~ -~ -, ~ c;. . ~ AUC;-~=-:9~~ 12:18 FP.JM TO 91fl94d24~'79 P.II1::, r+ SAMP,LEP,-ESOLUTION AGAINST PROPOSmON 187 :: '~ WHERW. PrOposition 187 won't reduce the numbet ofiUegal immigrtna. bue will cause a host of new pIllblemt: and . . :; ~:" :" i~ WHEREAS. t>roposition IS7 is so sloppily drafted it violates impoftarit fi:deraJ laovs that govern fedeal ftJndlngto our schools and health programs; and ~. WHtREAS; llJdinuepclluenc. Ilon-p-uti$an Legislative AnalyJt hiS dcwmioed these violations aluld end up ecnd8g WtpayelS 51 ~ billion if Prooosirion 181 :r!lt'ftl"Ot~ and ' :! WHER.EAS.I'1Opo.iricn 187 would lUrn our ciocol'3. nUn<:$ .nd _du:rs into INS &Fila &Ild OUt hocpi=ls~ci.C:bools into. inunl;ruaon offiCIIS; &nd . , ; . :. . .'. WH~RE.AS; der,ying bl.$i~ mcdic.J ltlll!ntion IJld immuniurions co !'caple would incrasc the spm.d of c:01Zly lind ~Ie communicable diseases ond rhroateft the hClillrh nf ALL Califol'llians: and: .. ' WHEREAs; alu:nimatl:d 400.0012 jUdi without ptoper doalmenaaon'~ be kicked OUt gf wlool...J OI1~ lhCiaccu; nmP.EFORB.BE rrRESOL VED (Orgllliutio6 Name; OPPOSES Propolilioil,:I87 on the November 8th ballot. .'. Name (pm print) Authorizal sienatUtl! AddU'liS , City ZiP: "'. ", Phone Number ;, FAX Number " Dace: ' ( :'! ~ . . , ,. ' ''^ ~ . , 'P!i- FAXlMI;I_pftll _lllIion to: Tupl)'ell Apinst 187" u", Y. Olympi. Blvd.. fl018. Loo MFIa. CA 90064 PAX: 510.44,..870 ),,' ,'~ I'koM= (SIO) 44U185 " I., .-.J l C\~-I ---------------------------------------------- _..~,._~_._,;. : ::;.....~: :'.:>.,..."~~::r~. ,C" ':~VOTE NO on PROPOSmON 187: . ..:; ""rOT! It Just M~kes a Bad Situation Worse! ':.( :>: . ..~.: : ;::~ ~,-;> '. '.; . THE "S.O.s. ~.~ IS cOMING TO CAUFORNIA i'~YERS "C.O.D. . The SPOllSOrs~~~Jr;1'c11im it wOu1dSl~, me flow of illegal ~iill,O~~ state an4savetaXpay- us money. They MIl call it~ ~OurSlale" initiative. " .;..,.,.... ." . A more acc:urua ~~d be the .C.O.D. . initia- tive bee.,,, 's wIIat "",'Ii pi. i!Prop. 187 pwes- a taxpayer biB $15 Btt.LI<)Nl R.eadProp.181., oU~~..thewthorihaveafjmny way of spel1illg relict.."!O~'t m\lcc lUegallmmip- tion. but it will crute l. . .ot_ problems - expeIl- . , .~. J'.(:; i ;-. ,.' " '. sive ones. . PROP. 181HOJ:iE1J!SSL: LAWEO '. ",'., ... ~., State agencies must ~ with a of federal laws to r..:eive &oert1'6%lIdfifor mallY 'on and health c:are proarams. POoi'fy'dnfted, Prop. 1 is fill1 of provisions that directly i:OnlJict with these iaws. . ,,~..,. . ':."~ .,', ' -'l : l,' .- '-. . "The ifllt/Qttvf, ~!'I##flt~$iOlU'iNzl /:OilI. ",ith $1JIt~ eNi Jlde/'fl/ lltW$.*1r tmd U.S. constitutl_l pn1tf1ilf~: adwilh $/QI~ tmd /tM,Ql "IdtMdittls~" '..:.: . ..~:~ =:~ ..., . . . . SealteOflice ofP.esearch As a result. _,~. 187 ecOId cause Cali- fbrnia to lose $lSB!LtlONIn r.dwal i\&ndina to our schools, medical 'C8ft '~F~ AIDS' research and other vital servi~ ror~ citizenS. ' II' The U.S. Seg.;~cation'has a1~ in- dicated Prop. 18ts~~ of federal privacy laws . .. .... '.... ~ -.' '.I.lr .. , would prevent tbeCed~~ from conti. to fiIncI CaIiilmi&~.l_ in jeOparQy include $23 billion to oUr d.~.~and ~n~schools and S 1.1 billion to our co!hp 1 and Wliversities. Y The National Hellth'Law PfQ8QID c:cmduded Prop. 187 also violatesfedalll&ws thaldirect fUnds to health I:&l'e and l'esllfc1i~er in CaIif'omia. We stIDd to lose more than $1 billion in fedenl health CIl'e bids for seniors andlow-incCilrll~can ciliIcns. ' . AJ15 BILUO-~ PRIcE TAG FOR CALIFORNIA.T~PAYERSI The stue's ind~ LesislatiYe A2lalyst con- duded Prop. 187 could. Up COSTING CaIifolllia tixpayers almost SlS BWON in lost federal fWlds to CIJifomia schools and bIIltb care proJl'UllS to senion -.4 other Americm .r]r:,,-.t . Read your Official Stale Voter PllIlphlet when it 11'- rives in the lIIaiI. Here's wIIal you'll fiDeI: " Estimated IIlllaal smap 1114 costs 01 Prop. 181 1', ~ " . , . SaVlnp: . ' , . $200,000,000 J . ' . AcIIllinistralive Costs (in &n ycarl: . Cost of Lost Fede:aI Fllads to Califcma; .5100.000.000 TOTAL COST .SI5.000.000.QOO -S 14,'00,0011.1100 , So t!l/ery doUar ~. 187 sa~ would COST us $150. This must be the same creative aCCOll%lting that ve us our colossal federal deficit. ....,.....;.. :. CREATES A POUCE STATE MENTAlITY .' I UR HOSPn'ALS AND SCHOOLS :. .'''". '~'.'" tinfonunat ,Prcp.181s~Ws aren't limited to your pOdclCbook. Th would txreftd into 0lIl' AoSp1U. oW' sChools and lOci litIe. . . Prop. 187 would public oScials to deny vital IeMcn, IlIcl1 as basic, . caI care. and report &DyOlIC ,they "$IIJpt~I..ltIiJht~tle Ieplresident. Butl'rop. 187 doesn't define the bUistO ch suspicion. Is it the way you S\leIk1 The of your lastl.me? The shade of your q~ J'he, waY you ? Will your ability ui~ zDeciica1 . on be de- terminad by your r-. etIIIIioity or rmpoua ? Will ow kids be bIruIed because they don't pl'\Iper doWmentatioll.~n~? Hasn't history taught US 'Ihc dangers of this kind of mentality? .. ~. ':, ':~:' TAXPAYERSAGAlNST ll'i . , III ......._. Sui.. 406. BlIttilIpaw. CA \MOIO (~IS) ~.ll4~O F...(.lSi' :uo.l'JIl 11-"' w, ~ Blvd.. SliilO 1011. Los.......... CA. ~ ,.J3IO) 4oIS-&US ,..(310)-1-:54110 , j J. ~ ,;.. I'>>' - , " (.. - "2- " . . Th.s concern wua1~O '.;oaeil by the Los Angel.. Board of Supervisors ill . resolution opposing Prop. 187: "Thf riscnJrce$ of ~ ShtnJJ:S lHpartmenl would be slrained due 10 the hfip~ned potenlia/ for an in- ciwlsf m crime Ihat may be eommtned by undlx;rmllmlea No wonder Prop: 1871S-6i'posed by the California )OIIth whowouIdbe fx;rmfip aJtmdingpubliC schools. ., Medical AssociatiOn.anfoimi Nurses''AssiX:iation, "Prop. I 87 is oppos!dby'fi. Sherifr~hennan Block. California Association ()l1kl~tals and Health'Systems past president of the ca!ifo~a State Sherifs Associa- and the CaliforniaCilapter Of'1be American Collese of 'tion, as well as the Calitom1a 1>1A. California Teachers Emergency Pbysi(fJan$ ,"'.: .,.., AJSoc:iation and the (,;aIlflmU School eoards ASSOCiation. . ...:. ". " ..... I>ROl'.181WdN'T BEEF UP ENFORCEMENT AT THE BORDER, aUT IT WOULD . H, .<;.,~:" eoSTTAXPAYERS$1SBllll0N,; Y'.' ":'~:lfHREATENTHE HEALTH OF ALL CAlIFORNlANS'ANC KICk ~60.ooo KIDS OUT OF SCHOOL AND ONTO THE"smEETS. ,', :; ::~~;.-,t'.: "J~'- ::.~, -~:: I'i, ",.' . (8t's Save OUr State from th~ "Ssve Our State" 1nII!ative, Prop. 187 wBsi1~posed to Iddress our illegal immigration problem InSO'tsh't. In fact, not one -penny of the $15 BILLION it could 'cost taXpa~rs "'-ollie be spen; to beefu? border patro!$. ": ./)( I~:r ,",.' '.:'~ iI". ", VOTE ['\0 on,PROP. 18i! . , ". TURNS DOCTORS AND NURSES . INTO INS AGEN'rS, 'THREATENS . ...1-. EVERYONE'S HEALTH, " l'rop. 187 wouldJo~i~ doet.Ors U1d nuB.l'& ill vinu~ ally every public Qnd priv~ tillialth care &cility from giving irrununizations' or~~'1fI,edical care to anyone "suspeCled" of being an' ille8al'\tMugrant and forces . them to report individuals~o~~ation and Natu. nUiu,tion SOl'Vic. IIIld oth.. authorities, " .' '.' , ~ "Tht InltiartYt _14 Ifli,\ttl:+Ju/'ll patlcrifj away from ./llf/l'S "'(JI1'WrtiMir:liJtJ1t~. HWIAlrJS. . :=l1y-mwmittcd dJ--rIid OIlttr <,' ., colltlllWllcablt caffIilIlitml.' SuIfh Q'Pl'Olocol.tiot: nol -" lire <<11_ dilflJ1PClii:-.'it 1#_, tn"" . . tmdlagnomi,~1Ui and.u!lft'lfnd. 11'1 OM ~il SWOOp. In' CQ1'tfiJly ~~d, .St-conl~ system in QziijomlQ wouitJ be dcstroy<<i. DtserJSt pm:enllOn ctlllJlorbt dOIit nl_9r1vel>,- .. :. '. .'". .....: "., it is noljvst somtoM. tiff's health illat wo"ld be thnolefled. illS yQ"rs. " , . ~.. ,,"'1 Dr. Thomas Peters. CI\IimWl. Asro<J.""" or Day ~ H..Jth Oll'icials . . Denying basic medical a"iNion and iriUnuriizations to millions of people, many of~hom handle our food supply every day,\VOU1d ~4 costly and preventable eommuni~le di~ thiotiSlhout CalifOl'llia. . "Fail",., 10 ~iii6M'~ClM~t ~O"$ coiragiolLf rJi/iIlUSCS, s"Gh a.r.tlIIJcrin4d!: "1/tOIlK t/llI301 immlgf'Qlll$ could il'lCr't!J$tjrAi/l.rt C{)$I$ to treat lhe dueose In the gt1le1G1 pt1t:,ikl~on " .'. Stat:'s ~),.egislati~ AiIa1~'$t . - TURNS OUR SCHOOLS INTO . IMMIGRA1l0N OFFIces, KICKS 400,000 KIDS OUT ONTO THE STREETS Prop 187 would requir~ educaton to undertake a costly, paperwork nightmare, Illd verify the citizenship status of EVERY child andEVERY parent. That's more than ID MILLION peopfe,:.nd more time and money aWl'! from classroom education. . '.. .). . . UThe 11'lOst ,alarm,", J1'O..V/JJOns a,., Iltose which 1't- quirt tht p1l611c schools til'I4 p,;bl/c schoolllajfto be- come on i'!formatlon anif.rtill~ Ilctworkfor riw I:'N.S. .. : -;! i.. . CaJifomia-.sdaOii Boards Association M estimated 400,Ooo'\OdS'with0IJ1 proper documen- tation would be kicked o\ltotscnool and onto the streets. Aiu! we've till Geetl whalbapp.ns to kids who dOIl't fin- ish school "It :s th. QPpartnr ,"WIt oflhe iflillQlIvc II> Ilave thtse undOCl<m.nted clrltd_nlllm,d to their homt COU/1/rl!S. bUI the1't Is no proVision/or doing So. and mony wo"Id l'tltUlillln,JAlijomia with the/_ parenls. '"",,mented 01' not.. . "With no pia" to iormJn~th/nf to do d"rin~ the da>: II is poll/bie they C9.utd btcOmt illVolvtd in juvenile crime, d",gs OUq,,~. or ew1'll1lal1y coold be led infO mo,., $'';t1'ilS'oJPns.:.'' ~ Office ofR.escarch ~ ~J..zf. :J 1'\ 0..- ~ T:l ~16194e~49'79 F'.02 HUG-c-1994 1'7':2~ FRO"'" '~AYERS AGAINST 187 ORGANIZATIONS AND INDIVI DUALS OPPOSED TO PROPOSITION 187 CA\lg:IB~ ~9. 19~)') Pelloe OffiCCll ~ch A..".iatio.ll of Callfor..io (rORAC') .CaIifornia S"'te A$$o<;iaLiuD ,,[Cou..ties r..aliIQrnia Council for I!..viron,w,rllal and Ecn..omic: Blllance Loo Anr,eko Councy Sheriff" Sherman BJoc:k Am..ric:an College oflime,,,...nor Ph",idan. "CalilQrni" .......,ci.tl".. of P1.lblic: Hcnpiws "Collnty Heald, E."""tive.. Auociation uf UUifomla c..Jifom.. Academy 01' Family P!lyo;ici..... C'..alifornia ............tion of H"'piral. and HeoIth Sys...m. Cald'"",i.. Conlerenoe of Lo~1 HeoIch om..... Calilurnia Stare PTA California M"dical ^,",,~iotion Califotnia Nursu Auodation Californi. School Board. A..oc:i.rion Cal.i.Co.rnia Tea~e" Assoc:iacion Callf"'"ia "ede~,io""f Teaeher. Cardinal Rog<'" Mmony Ameli""" Jewish Congreu C',..,holie Chadli.~, "Children's Advocacy In.u""e Colifornia Labur Federorinn, AFL.cIO Amerl.,...n CoD.. "fOb..."ricl..... a"d GynewlogL<t., Children NOW Cn"g'e~ of Californi. Seniors "A.ian PaciEic PI...nina Coundl H~a1th A..,... of Califotn ia Lear,II" of Wom"" V.gwrs of Collfi:>.nia C..lifomia Common eau.e lIollywvud Women'~ Politic&! COlluni.... National Education Aaociation . C.lifornia Sc:hool .6mplO)'ccs A.....iacion Californl. Srat~ EmplOYee> A>soc:i.rlnn MAl..OEP A..o~alivn of California School Ad m ini,tratorS 'Lutheran Omoe of rtlblic: PvJicy- CA Hospital Council of Scluthern CalitoroiK .~"rvi~ Employ_ In.......d''''.l tlllio.. "Jewish Lobor CC>Il1nU_ - Wemlrn Rr.gion Co..~.. of Callforni.Sr.niors/Lo. AL'II"I... Sin Francisco J_Uh 'dommunity.fl.elacion. Cnnnc:il C"/ifomia Puhlie 'Health ........eiagon . No,th Commuuicy Clinic A~lldation "f1.o. Angeles Count)' . Marin Collnty Medial So"iet)' 'uwndale Chamber or Commerer. Ea" Lo. Angeles Health Task Force 'P~di..ric auu Family Medical Clt.lltcr "Anaheim C;;ty Seh".,1 Olsula: .Co.dldl. V.II"Y Unlfi.d School Oi".... I-<>s An~eJe. c.:ouncy Bo.td of Edu""tion Los ^,,~Iel 1.ltdied Sd>ool Oisuict MUllt"beIlo tin ifled S<houl Oi"rier ComJllltlc.'l: City \..ftunc:iI Bcll Gar.leno City Council Huntington P.rk Cicy Cuuncil LOI AUGel", Cir)' Cnu..ell "'Ml'lvw~~d CJ~Y <"':uunciJ *S;lll~la Barbar=". C':ity Couor,;;jJ V"rnon Ci,y Council L.v. Angeles C;n1'" I)' Board of Supervi"".. .C~ljtvl Hi.. :Stote A.~nciation of Cuuucics J>,,,ident [Jvull''''' W. Wilhoit, Jr. "Imperiol County SUl"'rvioor Dean ^. Shon::. .KiJI.~ Coun~' Supef'Y'ikJt Joe .I:lc:zern. "La..." CoUnty Supervisor Jean r.."t1bet *Milrin Ccunry SUpervi.s.OI Suu. RoumJp:utt:rr. .San }-1;&JU':;'Sl;O County. SUpervi.Of D:ubal1l K.:l(ma.n -San Francbc-:o County Supervoor Kevin ,~hdley .San L1Ji~ Ob;spo Cuuuty Super.,ilnr David (jL.kcl)' ....,.eh~ma CUUlity Sup~rvL~, 'Rarbua M~1vl:'r Orau.t: <';ounry R~~i.stler ~<<n [);,eao Uuiou-Tribune San Fr"n~i.,('o ChronJc;;!c Sa.. Ju.c Mercury News 4S.ntd &rbMr. J'ltfUll P7't!1f (ptIrri"IIM) -JWIlI Jistitt.( .-':l /1- '7' _....--r' J~ _~_-: ~ _ _ _ __ _ _ _ __ _ _ _ __ _ _ ___ _ _ _ __ _ _ _ _ _ _ _ .__ AUG-25-1994 12:25 FROM TO 916194824979 P.03 .... . .. I.' LOQUlprooosltlon187 rton\~ Slf/I Franciseo":C~-1O lll.-ar.nge Countly Rcgitlter,ltItVWct Is . ....:.::.' Ole Samo':"1a'1 JuitMlkis a Bad SiluatiQll WOlle! . :; ~ , " ;', "'. :,:',\,' ':, ~ '..... :',' \i~'~!.5.~lA)J~m:!. ''101~EP. . .i\d : ',:'.";r, ......:.,,:1.. ,. " .. ".lll . ,.. '. '.~ . .)1;. ': :1,':,:':i. ......2>O"'''ER' ....... .:.:.~?~:;:~:, t: .:. . ";::';~;~~ . ':'_....-r-.... Hl'rofJ'Nlttor. IB'l "-~to III- QUI GIlT borders gptnst .,thirJi!rllll all_ or llkpJ ~. . LA. c...,. SIlIIUr s....-.cJc l'llIl~CaJWonIase.~ J;~~:~~. orhera"thorlll""'""~law fi1r I",..u,-. NfI,.., ~/IQI'I J81 do "")IIhirtg tIIxid. ~ U.S. J.,J,:n'a) bt:utUr. ,,"" .,';:\~; '\;~'''~~'~'~ r ..: ;' ".......,~~ Lof A81iiu1'llle.;'&i10lt. "TM~ ~ M flII't/OtI tIlGtllllliillllUlll- 1fQtion Is a pro6lr/li;.1nit ilOsI Wliable 'nfol'/ftQlfon 11IdI=tii dlift'tlltidrt._ Jortty 01 all,IU ~ "'" lodIt", /tJr jobs, Mlfor public lOCUli ~ 'nit c:racAItolllll thrl'lft',..1ItlI _,-,pID" al thr borrllr andl7ljJzr Ir1'IfI#r.,"" /MIlt offtd,rgJ .mpk1y.r ~.r,...r and wages and hl1lln Jawl ...,.. -.mlng agalNl th, fi1t1tds and ft9Illl111f o/thr $DIM C01UlrYOliW.l:1l'IIo1fll!U~ lilt" ehild1tn Otlt ofldilpl.:;.{5,' SKI.~ u iee, W"4 . "hoJX1lltlon 1'711 QjlriwJiIIt4'Q ~ on lite p<<1pl, of",zr . '*' ftjilliiid II1IIi Los An&eJa C'oun9' 1n~1n thllt ItwlllfiwlltefrI/H, 'oi!!"; ".... will w.. 1M I116p """""." JIMInt ..... lit ftJct It will ~ 1111 ~ ....,1If. .. LA. CeuqSlliitlts~)Ieck t ,7t;;';;'l;~ '1:~:O "TM _ plDt:a ill ri41f1:1It $15 billion _lly 1rt/fII;dJ~for Itlucation. htalth aiidWf~PiilrvIlll du, to t:tJfIjIlcn wuJt /fdIial;ffqui,.- ntfftU. " .-' :. ,. --......~ _'f~" 1M A..I,..e "ltt _ thi", /O",to tiI1p 1II,1Qi_ 1IIitrGtiOll at" I1lR'dIN" rM wotk- J'l*: IthctJftlcl_lIlO try _nop 1t.1hI~. ;, 'i, WIll SIrMt JIMIaL 617194 ."t. "/' :.":_ 'i1{Q/l thI tdrGr bImg toIIIId to ~r lII$I~nIIftt"l/IlIIrl!ll1lllll,or ... 1IftIrlli*L ... r/flllinllIIldrlCu- .,;"ullhil4trtljiwlpllbMcschooU. lit rNit is t/JI tIIIIl1QI at1II o/(J 87). - . · ': _D"'U..'Mb1lll&,~4 ,., of. t1l rhtm IW esptC'iall)l <<1ftC,,,,edwtdl rJre fmp;r:t J87 wcuJd have OtI_#hoolI.1twou1dbc*ltidswidtout pnIpu tf!yo, J2tI4ft OflfO lite ItmtI. .. .,; &riet BorIoa, ,....rt.,~...Qllrlll'llillIA 17w ...&iAI/C]NO'IUJ-1/I't rJtou wItIdt ."~ sdriob tmd plIblie S+oll11Jff,-lo. btoomr lilt infomrtlfion .~/JtdreI.N.s. . .. CdbaiaSdlolll....Mo-l...~ "1f 4'00,000 Mildrtn .. "/1 011 1M _~ lM).tI1ft/tlli<</fllII)'/nto '1/" ~Cu 187 -u dMMt. IJDI OIIty** iii,y D, irM1lvfJ III CI'//IIt as 11*,pdltrin./ltlywould btalltrrrd /'fI- I1YOIrO/potfIttialYidlm&. . t..t:di.Id, SIIatlf SIlerIwIIlock . r:': ,~. .q~fIWn1MJ)'OlItIrIa,. .Ued Jr-I~ _ywln ,j#tttJIIlft"dI. Mun ""1* Itrfft. TMt ~~IJI WI- MaltIt1 ,ilwmlon wou1d bIeom' seed- bed /Or /1tura,rd rralfttt. drlve-by ,hoo""", IGIII activity mtd other )'OlIN"*-<< cl1_ rIIIIt 'IO/kCalilor- .. " Ilia r:t..u.;~.:.. ....1IItao U.....trIIme. 6119/94 "It ".p>>!l!fiyu,.,a tn/rnt 01 thl initia. rIvt lIIl,.thm 1/1fdoI:II/WPIlt4 eM. IIMI *-4/0 "., ItoIIIt COlI1Ill'tU. Ina dwn' I,,., prr1l'illun fi1r doing so. utrd _,woold rPIIIin In Callfomld with tIwIr H"lIt1. ~ or /lOt """"Ill'" toroatrlllOtlrlngtododllr. iIIg till '" it iI postIbIe rilly could be- _~ill~crf""'dntpor PI', or~. ..../l] ctIfIId be led IIIlO _~oJtnrrs.. , ..... I;~" I.. -' .' _l1eOllllleaf...rcb ~~WI1IIl4.tIqa1Q11t/ItltiOlll .....Ii 1Iltvr ,_rat h.<IrjrJ thtJMsand ~ol<<1l(l~parttt:altull )'O.4~,'rtot"""""', ')1. <NtN /tti'tMIt:fon,lllInfll. -'tit wo..".llIIIi -. ....10".." _1IIfau. " .Jw,.;,Iio""v""'_fl~~ln" ,. CanUal"rI\tMlllODY ~" ';"'" ,.';.' . .rtG"tftlriJ.;'IUfIIItllilftltltlfflontll . .....AllplaTlma,II1.". '.....loaU law It(orcen/tnt. The ~ .1 ~""'ID". Am. ,.ll1lIrcn 01 the Slttrljf) DfpGrt/MItt piJal OJjJdliii i1rttJ~. o6lcm .Into ~k#rlillld -. tlwlwirJrtmed ...flOtSO/I /IIftIlIlItn "",,(v tit., "..iiJ","'tncl'l#ltillt:rimrtht:4may IMmfro:arlwt,_llfIIIOl1/IIftltJlbol M_... 'ttiliby,,"dlf~' Dd)1l1fllhwho ..../if, IitiiIIlflw prMclinr. - wtIIJ4 .. IIamd frOM IJt/III4I", pub/lc ... "- M... '.'7Ncw.. flJ7~ .ll:'holikr..: '-t*tllolrd If SlIpenl10n ~~';,~.. 1'c...<5 ~UG-25-1994 12:27 FROM TO 916194824979 P.B4 . :';l>..jjf~ ?~;~~ , . '''~''- . .;,....'"....\".:. .: .-':-:.;.!'. .: "It 'WOIlId . ~,bicrrase IN. ~.,. ollv.al!'t~ bJ'~"B "". 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"!!l 17)" 10 j.u 01 MNJtal booby f7/JpS .. 10 fwaIIt wIIh blnaucrlIllc ,.". ....,. wffIt IIIt7ruJtRu _ tItIlnu qfor- aa"."ojIl,;fitt1lllflllfDtlons to p.opl, It! ,."", "',.."""..., .-lID corrD6iw of ... .... fMtwordtl Nite,. b. <<r/Ied lire I,."..""" 2Iw>oq .. Co~" l1f!--1'~11fJIIatiVft, . , . lie.. III Bee, 11l'194 __ ? 3. ~ ,,- l q c. -f. \~.~ t':: "':.,' . \~~ Ili.lQfrl}SOSpDlllOtn. ft:::'::~~ ~. )7'--<<ic r'IIl. GrOIIIIIi hll. ~.lIft.... ..n. _1_'- J.._ _~-"'IUJti_-",. ...._SOS).fdt. .. . Ona. C~ JltIbtu,113194 If .'~'I' Ronald prince citizens for Legal Immigration Reform P.o. Box 26288 Santa Ana, CA 92799-6288 (714) 777-4653 ILLEGAL ALIENS. INELIGIBILITY FOR PUBLIC SERVICES. VERIFICATION AND REPORTING. INITIATIVE STATUTE. Qualified -- November 1994 Ballot -- proposition 187 PROPOSITION 187 July 22, 1994 Illegal Aliens. Ineligibility for Public Services. Verification and Reporting. Initiative Statute. Proponent: Ronald S. Prince BALLOT TITLE AND SUMMARY ILLEGAL ALIENS. INELIGIBILITY FOR PUBLIC SERVICES. VERIFICATION AND REPORTING. INITIATIVE STATUTE. Makes illegal aliens ineligible for public social services, public health care services (unless emergency under federal law), and public school educa- tion at elementary, secondary, and post-secondary levels. Requires various state and local agencies to report persons who are suspected illegal aliens to the California Attorney General and the United States Immigration and Naturalization service. Mandates California Attorney General to transmit reports to Immigration and Naturalization Service and maintain records of such reports. Makes it a felony to manufacture, distribute, sell or use false citizenship or residence documents. summary of LegiSlative Analyst's Estimate of Net State and Local Government Fiscal Impact: Annual savings of roughly $200 million to the state and local governments (primarily counties), due to reduced costs for public social services, health care and higher education. Annual administrative costs of tens of millions of dollars (potentially more than $100 million in the first year) to the state and local governments (primarilY counties and public schools) to verify citizenship or legal status of students and parents and persons seeking health care and/or social services. Places at possible risk billions of dollars annually in federal funding for state and local education, health and welfare programs due to conflicts between the measure's provisions and federal requirements. _ -'~- 7 l't(.-'" September 8, 1994, Page 2 BALLOT LABEL ILLEGAL ALIENS. INITIATIVE STATUTE. Makes illegal aliens ineligible for public social services, public health care services (unless emergency under federal law), and attendance at public schools. Requires state/local agencies report suspected illegal aliens. Fiscal Impact: Annual state/local program savings of roughly $200 million, offset by administrative costs of tens of millions (potentially more than $100 million in first year). Places at possible risk billions of dollars in federal funding for California. TEXT SEE FULL TEXT OF INITIATIVE # 623 BACKGROUND According to the 1990 census, more than one in five Californians were born in another country. yhe number of California residents who are foreign-born now totals about 7 million. Currently, about 300,000 new residents enter the state each year from foreign countries. Federal law governs immigration, and the u.S. Immigration and Naturalization Service (INS) administers and enforces those laws. Illegal Immigrants The INS estimates that California's foreign-born population as of April 1994 included roughly 1.6 million unauthorized immigrants and that this number has been increasing by about 125,000 each year. Other terms applied to unauthorized immigrants include "illegal immigrants" and "illegal aliens." Most illegal immigrants who come to California enter the country without any authorization. However, at least a third of illegal immigrants in California originally entered the country legally, but on a temporary basis-as a tourist or student, for example-and then remained after their departure date. An illegal immigrant may later become "legal" by receiving permission from the INS to remain in the country temporarily or as a permanent resident. The amnesty granted by the federal 1986 Immigration Reform and Control Act legalized about 1.6 million former illegal Page 2 of 15 immigrants in California. Illegal immigrants also may become legalized through regular immigration processes or by claiming asylum from persecution in their home country. Health and Welfare Benefits. Illegal immigrants generally are not eligible for welfare grants. However, illegal immigrants do qualify for some ~ I 't c.- i( september 8, 1994, Page 3 social services and health care programs that are available to all Californians. For instance: * Any child in need may receive child welfare services or foster care. * Illegal immigrants may receive some of the health care services available to other poor people. Public Education. Any child who lives in california may attend puLlic schools through high school. The U.S. Supreme Court has determined (in the case of Plyler versus Doe) that excluding children who are illegal immigrants from public schools violates the federal constitution. This decision, however, does not apply to publicly funded higher education. CUrrently, illegal immigrants may attend public colleges and universities in California. However, the University of California (UC) and the california Community colleges (CCC) generally require students who are identified as illegal immigrants to pay the higher tuition charged to nonresident students. The california state university (CSU) currently does not charge higher fees based on the legal status of the student. citizen Children. Under the U.S. constitution, children born in this country to illegal immigrant parents are U.S. citizens-just like any other child born here. Many illegal immigrant families in California have citizen crildren, who have the same rights and are entitled to the same benefits as z other citizen. . Verifying a Person's Legal status The United states has no universal national identity card, so documenting citizenship or legal immigration status can be complex, even for native-born citizens. Generally, several documents are needed-for example, a U.S. birth certificate to establish the basis for citizenship and a driver's license with a photo to establish identity. However, many people (especially children) do not have a driver's license or other official photo identification. Documenting citizenship for these people may involve additional steps, such as verifying the identity of a child's parents. Most legal immigrants have an identification from the INS to verify their status, such as a "green card" issued to immigrants .granted permanent residence in the U.S. The INS has developed a computer system that government agencies and employers can use to check the validity of most types of immigration documents. No similar nationwide automated system exists to check the validity of birth certificates, which are issued by thousands of local agencies throughout the country. Federal Program Requirements state and local agencies must comply with a variety of federal laws in order to receive federal funds for many education, health and welfare grams. These laws often set out who is eligible for a program, procedures ~ _ granting or denying benefits or services, and requirements for keeping records confidential. For example, the Family Educational Rights and Privacy __ ~ ~.,f -- ,. ,~e..-'\ September 8, 1994, Page 4 Act (FERPA) generally prohibits schools that receive federal funds from disclosing information in student records without parental consent. PROPOSAL Generally, this initiative prohibits state and local government agencies from providing publicly funded education, health care, welfare benefits, or social services to any person that they do not verify as either a u.S. citize~ or a person legally admitted to the u.S. The measure also requires state and local agencies to report suspected illegal immigrants to the INS and certain state officials. These changes are described below. Verification Requirements The measure does not set out any specific requirements as to how verification of citizenship or legal presence in the United States would be done. As a result, individual public agencies and institutions could choose a variety of verification methods. They might require only a birth certificate or INS document, or they also might require a driver's license of other official photo identification. A more thorough verification process would attempt to check the validity of immigration documents and possibly also birth certificates with the issuing agency. Exclusion of Suspected Illegal Immigrants from Public Schools Starting on January 1, 1995, the initiative requires every school district to verify the legal status of every child enrolling in the district for the first time. By January 1, 1996, each school district must also verify the legal status of children already enrolled in the district and of the parents or guardians of all students. The measure requires school districts to take the following steps if they "reasonably suspect" that a student, parent, or guardian is not legally in the u.S.: * within 45 days, report the person to the INS, the state Superintendent of Public Instruction, the California Attorney General, and to the affected parent or guardian. * Provide 90 days of additional instruction to a suspected illegal immigrant student in order to accomplish an orderly transition to a school in the student's country of origin. After this 90-day period the student no longer could attend public school in California. The exclusion of suspected illegal immigrant children from public schools would be in direct conflict with the u.S. Supreme Court's ruling in Plyler versus Doe that guarantees access to public education for all children in the United States. Consequently, this provision of the initiative would not be effective. Under the Plyler decision the measure still might require school districts to verify citizenship and legal status and to report suspected illegal immigrants, even though districts could not exclude any students from schools. Alternatively, the courts might decide that the verification and reporting requirements have an unacceptable "chilling effect" on school attendance and therefore invalidate these requirements. -'-U ~ ~ -- " I'\'-'t) September 8, 1994, Page 5 Ex~lusion of suspected Illegal Immigrants from Public colleges and Universities The initiative prohibits public colleges and universities from allowing students to attend who are not legally authorized to be in the United States. The affected institutions include the UC, the CSU, and the CCC. The measure requires public colleges and universities to verify the citizenship or legal status of each student at the beginning of every term or semester after January 1, 1995. If the college or univer~~.ty reasonably suspects that a student or applicant for admission is an illegal immigrant, then it must report its findings within 45 days to the INS, the state Superintendent of PUblic Instruction, the california Attorney General, and to the affected student or applicant. Restrictions on Health Care and Social Services for Suspected Illegal Immigrants The measure requires public agencies and publicly funded health care facilities to verify that a person is a U.S. citizen or is legally authorized to be in the United States before providing that person with social services (including welfare benefits) or health care services, except for emergency health care required by federal law. If an agency or health care facility reasonably suspects that an applicant for benefits or services is an illegal immigrant, then it must report its finding to the INS, the California 1 ?rney General, the state Department of Social Services, or the Depart- ~ c of Health Services, as appropriate, and to the affected person. The reporting agency or facility also must provide any additional information that the other agencies request. Reporting Arrests Involving suspected Illegal Immigrants The measure requires every state and local law enforcement agency to attempt to verify the legal status of every arrestee who is suspected of being in the United States illegally. The agencies would have to report anyone they arrest who they suspect is an illegal immigrant to the INS and to the state Attorney General. The initiative also requires the Attorney General to maintain records of these reports. New Crimes for Making or Using False Documents The initiative creates two new state felonies for manufacture or use of false documents to conceal true immigration or citizenship status. The penalties for these crimes would be prison terms of five years or fines of up ~o $75,000 (for manufacturing) or up to $25,000 (for use). The manufacture or use of false immigration or citizenship documents currently are federal crimes. Forgery of state documents, such as driver's licenses, or obtaining them by fraud is currently a state crime. FISCAL EFFECT The most significant fiscal effects of this initiative fall into the following three categories: _ ' _:.rI-JI lG\c.- II September 8, 1994, Page 6 * Program savings. The state and local governments (primarily counties) would realize savings from denying certain benefits and services to persons who cannot document their citizenship or legal immigration status. These savings could be in the range of $200 million annually, based on the current estimated use of these benefits and services by illegal immigrants. * Verification Costs. The state, local governments, and schools would incur significant costs to verify citizenship or immigration status of students, parent~, persons seeking health care or social services, and persons who are arrested. Ongoing annual costs could be in the tens of millions of dollars, with first-year costs considerably higher (potentially in excess of $100 million). * Potential Losses of Federal Funds. The measure places at risk up to $15 billion annually in federal funding for education, health and welfare programs due to conflicts with federal requirements. All of these fiscal effects are subject to a great deal of uncertainty. The use of services by illegal immigrants can only be roughly estimated. In addition, the measure's fiscal effects could depend on legal interpretations of the measure. Below, we discuss the significant fiscal impacts of the measure. Health Care Savings Federal law requires health facilities to provide necessary emergency care to any person in need regardless of income or legal status. This measure would not restrict this care. The measure, however, would place restrictions on nonemergency care provided with public funds. Medi-Cal. The Medi-Cal program provides a full range of medical services to poor families with children, as well as to poor elderly and disabled people. The program is funded jointly by the state and the federal government. Generally, illegal immigrants are eligible only for emergency Medi-Cal services. However, California Legislative Analyst s Office July 21, 1994 Page 9 of 15 chooses to provide (using only state funds) prenatal care to pregnant women and nursing home care to elderly or disabled persons who are illegal immigrants. The measure would eliminate these services, which would result in an annual state savings of about $100 million. County Indigent Health Care. Counties provide basic medical services to poor residents who have no insurance and are not covered by another program (such as Medi-Cal). This measure would prohibit counties from providing nonemergency medical care to anyone whose citizenship or legal presence in the United States could not be verified. Denying these services to illegal immigrants would result in savings to counties and the state. However, reductions in special federal payments to hospitals would offset a significant portion of the county savings-possibly half. Hospitals receive these federal payments for serving large numbers of poor people without compensation. The net annual savings, after taking into account the reduced federal payments, would be in the tens of millions of dollars to counties a~ - '.:4r:!- /~ \1\(.-12. September 8, 1994, Page 7 s~ ~ral million dollars to the state. Denying Some Services May Increase Future Costs. Denying some medical services to illegal immigrants could result in future increased state and local health care costs. For example, eliminating prenatal services to illegal immigrant women could result in higher Medi-Cal costs for their infants, who would be citizens. In addition, failure to treat and control serious contagious diseases, such as tuberculosis, Legislative Analyst's Office JUly 21, 1994 Page 10 of 15 among illegal i~igrants could increase future costs to treat the disease in the general population. Social Services currently, any child in need may receive child welfare services or foster care benefits under Aid to Families with Dependent Children (AFDC). These programs are supported by federal, state, and county funds. Initially, counties provide foster care for illegal immigrant children at their own expense. After the INS indicates that a child in foster care will not be deported, the state and the federal government share in the cost. This measure would prohibit counties and the state from providing these services and benefits to children whose citizenship or legal status has not been verified. Withholding these services would result in annual savings of roughly $50 million to the counties and the state. I Lic Schools Based on the INS estimate of the total illegal immigrant population in California, we estimate that roughly 300,000 students in California public schOOlS, out of a total of 5.3 million, are illegal immigrants. Excluding all of these students from public schools could save the state up to $1.2 billion annually. However, the U.S. Supreme Court decision in Plyler versus Doe held that illegal immigrants could not be denied a public education, so these savings would not be realized. Public Colleges and Universities The UC charges identified illegal immigrant students nonresident tuition. The CCC charge these students nonresident tuition if they are taking courses for credit. This tuition generally covers the state's cost of educating these students. Consequently, there would not be any net savings from excluding these already-identified students from those institutions. However, there would be savings from this measure if more students who are currently paying resident tuition are identified as illegal immigrants and excluded as a result of more frequent and/or thorough verification. The CSU and the CCC (for noncredit courses) do not charge students nonresident tuition on the basis of the student's legal status. The CSU's annual cost per student is about $3,000 higher than the amount of resident fees. The CCC's annual net cost per noncredit student is $1,500. , sequently, excluding illegal immigrant students from the CSU and from 1....lcredit courses at the CCC would result in savings. _ -.'- ?t:/-):J I '\(.-I~ September 8, 1994, Page 8 Overall, this measure would result in savings to public colleges and universities that could be up to tens of millions of dollars annually. Potential Risk of Losing Federal Funds The measure requires school districts to report students who are suspected illegal immigrants to the INS and the state Attorney General. Making these reports without parental consent appears to violate the FERPA. Compliancp. with FERPA is a condition of receiving federal education funds, which total about $2.3 billion annually to school districts in California. The Secretary of the U.S. Department of Education has indicated that the reporting requirement in this measure could jeopardize the ability re Op of California school districts to receive these funds. Public colleges and universities in California receive at least $1.1 billion in federal funds subject to FERPA requirements. For these institutions, FERPA prohibits release of student information without the student's consent. The measure's reporting requirements also would put these funds in jeopardy. Federal matching funds for the AFDC program and the Medi-Cal program also would be put at risk by the measure's reporting requirements. Existing federal and state law require verification of legal status in order for persons to qualify for most benefits and services provided by these programs. However, federal regulati9ns require the state and counties to keep confidential the information provided by applicants. in order to continue receiving federal matching funds. The total amount of federal funds at stake is about $3 billion in the AFDC program, and more than $9 billion in the Medi-Cal program. Other provisions in the measure may conflict with federal laws that (1) establish procedures agencies must follow before they can deny health or welfare benefits to anyone and (2) make some immigrants who do not have ~ormal legal status eligible for benefits. In total, the measure places at risk about $15 billion of federal funds. Given the magnitude of this potential loss, the state and federal governments would likely seek Legislative Analyst's Office July 21, 1994 Page 13 of 15 ways to avoid, or at least minimize, the loss. A solution, however, would likely require changes in state and/or federal laws. Verification and Reporting Costs This measure would impose significant administrative costs on the state and local governments to meet its verification provisions. These costs could vary considerably, depending on the verification methods used. Public Schools. School districts could incur large costs in 1995 in order to meet the measure's deadline of January 1, 1996 to verify all students and their parents. These one-time costs could range anywhere from tens of million of dollars to in excess of $100 million. Ongoing costs for verification woul~ be less, potentially in the tens of millions of dollars annually statewide. ~ ~~ /y I C\ c.. -1'-/ September 8, 1994, Page 9 Public colleges and Universities. These institutions currently review the legal status of many students, primarily to determine whether they qualify for resident tuition. The measure, however, requires these institutions to verify the legal status of all of their students (1.9 million statewide) at the beginning of each semester or term. This requirement probably would cost pUblic colleges and universities a total of at least several million dollars annually. Social serviL~ Agencies. County welfare offices currently must verify the legal status of persons applying for welfare benefits in the AFDC or county general assistance programs. There would be some additional costs, possibly several million dollars annually statewide, to verify legal status in a variety of smaller programs, such as child welfare services. Publicly Funded Health Care Facilities. The legal status of Medi-Cal recipients must be verified under current law (generally by the county welfare office or the Social security Administration). This measure also requires verification of persons seeking other publicly funded health services, such as county indigent health care and various public health services. The cost of this verification process to counties and UC hospitals could be up to several million dollars annually. Law Enforcement The costs to local law enforcement agencies to report suspected illegal ~ _igrants to the Attorney General could be up to $5 million annually. The state costs to process the information from local law enforcement and other reporting agencies (such as school districts) would be at least several millions of dollars annually. New Crimes By creating new state crimes for making or using false documents to conceal legal status, this measure could increase state and local costs to arrest, prosecute, and incarcerate violators. However, these activities already constitute federal crimes and also may be covered under existing state laws. The state and local governments would incur additional costs only to the extent that more persons are apprehended for these crimes and prosecuted under state law. However, the state cost would be Legislative Analyst's Office July 21, 1994 Page 15 of 15 about $2 million annually for every hundred persons incarcerated. These costs could be offset in part by revenue from fines. A[G4 No more documents A[GO [Search]: __ ~Af/f rqc: -, s THIS PAGE BLANK - { -~./-- /~ 1,\,,- ,<. RESOLUTION NO. 17/,5(' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OPPOSING PROPOSITION 187 RELATING TO ILLEGAL ALIENS INELIGIBILITY FOR PUBLIC SERVICES WHEREAS, Proposition 187 won't reduce the number of illegal immigrants, but will cause a host of new problems; and WHEREAS, Proposition 187 is ambiguously drafted such that it may violate important federal laws that govern federal funding to our schools and health programs; and WHEREAS, the Analyst has determined taxpayers $15 billion if independent, non-partisan these violations could end Proposition 187 passed; and Legislative up costing WHEREAS, Proposition 187 would turn our doctors, nurses and teachers into INS agents and our hospitals and schools into immigration officers; and WHEREAS, denying basic medical attention and immunizations to people would increase the spread of costly and preventable communicable diseases and threaten the health of All Californians; and. WHEREAS, an estimated 400,000 kids without proper documentation would be kicked out of school and onto the streets. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby oppose Proposition 187 on the November 8, 1994 ballot. shirley Horton, Vice-Mayor "1 Presented by 'ty c: \rs\prop. 187 _ }.2.r(-/? I~ c..'" THIS PAGE BLANK ~,,;}~~ -- , Iq,-,~ ~ Ife- INFORMATION MEMORANDUM DATE: September 14, 1994 TO: Honorable Mayor and City councij7' John Goss, City Manager 1{ ~ ~ David Palmer, Library DirectorSJDv VIA: FROM: SUBJECT: Issues Related to the Color of the New Library at 4th and Orange Avenues In last week's agenda packet, council was provided an Information Memorandum regarding the costs associated with any change in exterior color (ATTACHMENT A). As of this week, project Manager Al deBerardinis continues to believe that the cost estimates are accurate. However, the contractor also continues to stress the need to apply the anti-graffiti coating as soon as possible. They are now planning to do so on Wednesday, September 28th. They will only delay this anti-graffiti application if the City is willing to take responsibility after the 28th for removal of any graffiti and repair of the exterior coating. The color can still be changed after the graffiti coating is applied, but there would be additional costs to remove and reapply the coating, as discussed in the attached Information Memorandum. The contractor indicates that construction is on schedule, but changing the color any time after the 28th of September could result in a request for delay at a cost of $800 to $1,000 per day. For example, landscaping around the building cannot be installed until the exterior is finished. The total cost for any potential delay is difficult to estimate and depends upon how long it takes to determine a new color scheme and obtain the needed materials. Below is a chronology of events related to the approval of the project as currently designed. It may be that parts of this process would have to be replicated if the exterior color changes. Besides the meetings listed, the Library Board of Trustees has, at their monthly meetings, regularly reviewed and provided input on the design of the library. * June 9, 1992. The architectural firm of LPA was hired to design the new library at 4th and Orange Avenues. LPA's project team included Ricardo Legorreta to be the design architect and Marshall Brown to be the interior designer. * September 10, 1992. The City Council and Library Board of Board of Trustees held a special joint meeting to discuss the preliminary design. Ricardo Legorreta presented conceptual drawings and a preliminary model (without color) of the proposed building. (ATTACHMENT B) )q e. - J September 15, 1994 Page 2 * September 10, 1992. The Library hosts a Town Meeting at Lauderbach Community Center. Ricardo Legorreta presented the preliminary model and asked for community input. (ATTACHMENTS C & D) * September 17, 1992. Library Director Rosemary Lane, Library Library Board Chair william Alexander, and LPA Principal Architect John Mattox presented the preliminary model to the Parks and Recreation Commission and gave a detailed description of the plans for the building and grounds. (ATTACHMENT E) * October 7, 1992. Library Director Rosemary Lane and John Mattox from LPA presented the preliminary model and asked for input from Montgomery Planning Committee. (ATTACHMENT F) * December 8, 1992. city Council approved a resolution approving the changes to the application for Proposition 85 grant funds. The state Library required a supporting resolution from the City Council because the conceptual plan created by LPA and Ricardo Legorreta differed from the original plan prepared for the City's original grant application by the architectural firm of Wheeler Wimer Blackman. (ATTACHMENT G) * January 28, 1993. city Council reviewed the progress of the design of the South Chula vista Library. LPA's John Mattox and Miguel Almaraz, representing Ricardo Legorreta, presented a new model with the ocher color pallet for the building. (ATTACHMENTS H & I) * January 28, 1993. The Library hosted a Town Meeting at otay Communi ty Center to present the new model with its color pallet to the community (ATTACHMENT J & K). * February 26, 1993. The street improvements on Fourth and Orange Avenues, in conjunction with the new library, were reviewed by the Chula vista Safety Commission. Design issues included ingress and egress to the site. (ATTACHMENT L) * April 28, 1993. After reviewing the plans and the color model, The Design Review Committee approved the South Chula vista Library project DRC-93-27. (ATTACHMENT M) * April 28, 1993. The the Conditional Use Project PCC-93-29. Planning commission approved the approved Permit for the South Chula vista Library (ATTACHMENT N) * May 27, 1993. The city Council approved the final design for the South Chula vista Library. (ATTACHMENTS 0 & P) l&te -.R- September 15, 1994 Page 3 * winter 1993/94. Front page article in the Chula vista Quarterlv on the start of construction includes a color photograph of the color model. That issue of the Quarterly was sent to over 54,000 homes, apartments, condominiums, and businesses in Chula vista. (ATTACHMENT Q) Ricardo Legorreta is internationally known for his contemporary designs which incorporate bright, vibrant color. Ever since the color model of the new library was unveiled on January 28, 1993 there have been comments, both positive and negative, about the proposed ocher color. This was true when the Design Review Committee approved the project. Two of the members stated their approval of the color and its effect in making this project stand out, while one member voiced her concern about the specific color but supported the use of a bright color. The three members of the Design Review Committee present when this project was considered by the Committee unanimously approved the project. It is staff's belief that when the building is completed as designed, the full impact of Mr. Legorreta's dramatic and unique design will be realized. Representatives available at the the Council have from the architectural firm of LPA will be Council Meeting on Tuesday, September 20 should further questions. ;'1(2,--;3 CHULA VISTA SOUTH LIBRARY COLOR PETITION FOR CHANGE TEXT ONLY We, residents of the immediate area around the new Chula Vista South Library, are appalled at the color scheme of the new Library. We have all seen color renditions of the final scheme and definitely conclude that the scheme in no way blends with or enhances the surrounding neighborhood. While the colors may be appropriate for the middle of the dessert or for Disney's TOON TOWN, they clash with our neighborhood and are NOT appropriate here. We therefore petition the Honorable Mayor and Members of the City Council for the following relief: 1. Immediately appoint a Citizen's Library Color Review Board for the purpose of reviewing and recommending acceptable color schemes for the Library. This board should be composed of not fewer than ten persons, cross all sex, ethnic, and age boundaries, and consist solely of residents of the immediate area surrounding the Library. Signers of this petition have indicated their willingness to serve on the Board if appropriate. 2. Direct Staff to meet with the Citizens Library Color Review Board (with the architect invited to attend) in the evening hours not later than Friday of this week to present altemate schemes to the Board, and again on Monday evening if necessary. 3. Hear recommendations from the Board at the next scheduled Council Meeting and select a new color scheme for the Library appropriate for the neighborhood. 4. Direct that the new color scheme be immediately applied, to be completed PRIOR to the library opening date. We realize that this will cost us all tax monies, but this MUST be done! We all know that the cost of changing the color will be higher after the library is occupied due to safety precautions and other considerations, and we do NOT wish to wait! Having fully read and agreeing with the above statements, we are here affixing our signatures demanding the immediate relief specified. Willingness to serve on the Board is indicated with a check mark in the !!Ll. box. Note that there may be up to two signers per address line. /ge...'I- INFORMA nON MEMORANDUM ATTACHMENT A DATE: September 7, 1994 TO: Honorable Mayor and City Council ',jt- lo VIA: John Goss, City Manager l(1~ If -) FROM: David Palmer, Library Director /vc. ( ~ f; &-- SUBJECT: Exteriu~ Color of the New Library at 4th and Orange The new library's exterior color has been a source of discussion among area residents and the news over the past few weeks. Council and the Library have received some negative comments about the color. The Library and the news media have also received very positive comments as well. During the August 23, 1994 City Council meeting Council was given the indication that there would be no cost implications to wait for awhile as the library building exterior and landscaping were completed. This would allow judgement of the extenor color based on a completed product as envisioned by the architects. However, within the last week, the contractor has infonned the Project Manager that the sequence of work for the project has been revised. The contractor has advised that the installation of the anti-graffiti coating is now scheduled for the first week in October in order to reduce the risk of graffiti now that the exterior facade is complete. Also given the number of break-ins at the site within the last month and the public exposure the project is receiving, the potential for graffiti prior to completion of the building has increased significantly. Neither the staft' nor the Project Manager are recommending here that the color be changed. However, if Council chooses to change the color of the building the costs of doing so are delineated below 1. Paint the exterior facade of the buildim! prior to aoplication of anti-graffiti coatina Painting $50,000 2. Paint the exterior facade of the building after application of anti-graffiti coati!lll.- (after the first week in October) Strip anti-graffiti coating using high pressure washers $15,000 Painting $50,000 Application of anti-graffiti coating $15.000 TOTAL $80,000 jfe - I} The Project Manager further indicates that the removal of the anti-graffiti coating is a very difficult process and the end result is uncertain, especially with the rough textured finish which allows the coating to bond to irregular shaped areas of the material. In addition, changing the exterior color at this stage of the project may constitute a delay claim from the contractor which would increase the cost of the work. Another issue to consider in changing the color of the exterior facade of the building is the durability of the Sto product as opposed to paint. The Sto product has the color integrated into the substance and is somewhat like stucco. It is a very durable finish with an estimated life of20 years. In order to change the color of the building the sole alternative would be to paint over the Sto product. Paint would not be a, durable and would require reapplication every five to ten years at the estimated cost of$50,000 per reapplication. The cost of reapplying a "skim coat" of the Sto product would be approximately $125,000 about every twenty years. This information is provided to update Council regarding the cost and timing implications of alternative approaches to changing the color if Council wants to seriously consider doing so. , /1 e - 8 ATTACHMENT B MINUTES OF A SPECIAL JOINT MEETING OF THE CITY COUNCIL/LIBRARY BOARD OF TRUSTEES OF THE CITY OF CHULA VISTA Thursday, September 10, 1992 4:30 p.m. Council CDnference RDDm city Hall C1\LL TO ORDER 1. ROLL C1\LL: PRESENT: CDuncilmembers/Members Horton, Ma 1colm, MDore, Rindone, and MaYDr Nader Library Board Members DDnDvan, Viesca, WilsDn, Williams, and Chair Alexander ALSO PRESENT: JDhn D. GDSS, City Manager; sid W. MDrris, Assistant City Manager; James ThomsDn, Deputy city Manager; GeDrge Krempl, Deputy City Manager; RDsemary Lane, Library DirectDr; David Palmer, Assistant ~ibrary DirectDr 2. PRELIMINARY DESIGN FOR SOUTH CHULA VISTA LIBRARY A. Introductory Remarks - William Alexander, Chairman of Library Board of Trustees Library Board Chairman Alexander welcDmed everYDne tD the meeting. He cDmmented on an article in the LDS Angeles Times which sa id that the new I ibrary "promises to be an architectural landmark and a first class library". He further commended the extraordinary effDrt expended by Library staff to obtain the grant and the visiDn and hard wDrk by City staff and cDuncil members tD secure the site, and find the necessary funds prDving that Chula Vista still places a great value on its library system. The new library may prove to.be a economical inducement tD businesses thinking tD IDeate in Chula vista. One Df the first questions they ask is about the public library. Mr. Alexander finished Argentinean AuthDr Jorge imagined that paradise is with a short quote Luis Borges who said, a kind of library". from the l've always B. BackgrDund on Grant Award - Rosemary Lane, Library DirectDr Library DirectDr Lane, gave a brief histDry of the CalifDrnia Construction and Renovation Bond Act and cDmmended the City Council on their vision tD spend the $114,000 required tD hire an architectural firm to prepare the scheJ:1atic floor plan, site plan and elevation drawings required in the grant application. On April 23, 1991 Chula vista was Dne Df eight /9 e 9 I. libraries selected to receive these funds and was awarded $6,747,528. An architectural selection committee interviewed 8 firms and selected LPA, Inc. in conjunction with the prestigious architectural firm of Legorreta Arquitectos to design this project. Plans for the new 35,000 sq. ft. library at the corner of Fourth and Orange Avenue provide for 165,000 books and 175 parking spaces. Plans will allow for the addition of another 10,000 sq ft in the future with the ability to add another 50 parking spaces. Councilman Rindone asked the Library Director how the square footage in the public areas of the Civic Center Library compared to that planned for the South Chula Vista Library. Director Lane responded that the South Chula Vista Library would be 5,000 sq. ft. smaller than the Library at Fourth and F Street which has 40,000 sq. ft. on street level for public use. Councilman Rindone stated that the new library will be more like a second main library. That cl!>ncept is important because it is a significant asset to the area. Councilman Moore asked how many parking spaces were at the Civic Center Library. Director Lane responded that there were .144. C. Presentation of Preliminary Design and Philosophy for South Chula Vista Library Legorreta Building - Ricardo Mr. Legorreta stated his pleasure to be working on this project and that he is trying to design the library in such a way that it not only accomplishes its function, but it becomes a cultural symbol for the community. He then displayed conceptual drawings and a model of the proposed building. The Library will be built around several courtyards to prov ide natural 1 ight and open space. Some features include a multipurpose room, a cafe, a gallery, separate childrens and adult areas, public meeting areas and a large outdoor amphitheater. Entrance and egress to the building will be from either Fourth or Orange Avenues with a turnaround in front of the building. Sufficient parking space is available to consider alternatives to rigid grid-like conventional shopping center parking. D. Discussion and Input Library Trustee viesca questioned where the 10,000 sq. JCfe -- it \ ft. would be added for expansion. Mr. Legorreta responded that the courtyard areas could be converted into additional library space. Councilman Moore questioned how the architect intended to prevent the flat roof from leaking. Mr. Legorreta replied that the roof will have a 4% slope which will prevent leakage. Councilman Rindone questioned the kind of landscaping to be used at the corners of Fourth and Orange Avenues. Mr. Legorreta responded that landscaping would be designed to help prevent graffiti. Councilman Rindone asked if a second story could be added to the building in the future. Mr. Legorreta responded that it is feasible. , Councilman Rindone asked if there would be access to the meeting rooms without access through the main library. Mr. Legorreta responded that meeting areas can be closed off from the rest of the Library and entered from the parking lot. Councilman Rindone asked if there was an area for easy book drop off. Mr. Legorreta responded that this has been addressed. Councilman Rindone asked for some assurance that staff would be working with the architect so that a minimum number of employees would be needed to operate the building. Library staff responded that the building could be run with as many as 39 employees or as few as 15. Councilman Rindone asked the capacity of the community room. It will hold a hundred people. Councilman Moore asked if the new library would have an auditorium. Staff responded that there will be a flat-, floored multi-purpose room. Councilman Malcolm asked how many parking spaces were planned for the South Chula Vista Library and how many ,"'ere at the Library at Fourth and F Street. Staff responded that 175 spaces are planned for the South Chula Vista Library with the possibility of adding 50 more J-Cl e ,L1- spaces. There are 144 parking spaces at the Library at 365 F Street. Councilman Moore asked if anything was learned from the parking problem at the civic Center Library. Staff replied that a two hour parking limit and adequate enforcement help an overcrowded situation. Councilman Rindone complimented the Library Director and the Architect on the unique design. 3. CITY MANAGER'S REPORTeS) - None 4. MAYOR'S REPORTeS) - None 5. COUNCIL COMMENTS - None ADJOURNMENT Adjournment at 5:36 pm to a Regular meeting on September 15, 1992 at 6:00 p.m. in the City Council Chamb~s. /q e - I:J- J-\lltH...nI'Jt.I~1 U Questions asked at Town Hall Meeting ~f /()/ 1993 7;00 J..A",dN .!~ Approximately 44 people attended the meeting. Some identifiable ones were: William Alexander Rosemary Lane Kip Howard Ronnie Berman Paula Brown Deborah Crawley Dolores Gonzales Ricardo Legorreta Luis Herrera Margaret Blue Julianne Facknitz Jim Thomson Linda Wilson JoAnn Howard Victor Legorreta John Mattox Harry LaBore Myrna Bullen Jorge Castillo David Palmer Ron Williams Questions Asked: Could you use Spanish arcades to hide the flat walls? Wanted an area with natural light in which to read the paper before the Library opened. Suggested outside tables and seating areas. Civic Center library is too dark in the daytime. Many questions techniques. about earthquake resistance, construction When is this going to start? What is the ceiling height in the gallery. Are there going to be public meeting rooms No small tables at the Civic Center Library, nothing for toddlers to five years. Asked about the capacity of seating in the outside amphitheater Wanted the Children's story hour room moved to the opposite side of the building to prevent cars from crashing into the building and injuring children. Iq~ /0 ATTACHMENT E Minutes of a Regular Meeting of the PARKS AND RECREATION COMMISSION Thursday 6:00 p.m. September 17,1992 Public Services Building Conference Room 2&3 ************.****** MEMBERS PRESENT: MEMBER EXCUSED: MEMBER LATE: Commissioners Carpenter, Helton, Lind, Willett, Roland Commissioner Sandoval-Fernandez, Helton Commissioner Hall (6:15) 1. AFPROV AL OF MINUTES The minutes of the meetings of July 23, 1992 and August 20, 1992 were approved as distributed. , MSC WILLETIiROLAND 4-0 2. PUBLIC HEARINGS OR REMARKS NONE 3. DIRECTOR'S REPORT Director Valenzuela advised the Commission of the recent budget cuts and enumerated the impact these cuts will have on the Department. In addition, he outlined the measures that sta:: is taking to mitigate these impacts. 4. REPORTS FOR INFORMATION ONLY a. Olav Ranch P & R Element Director Valenzuela introduced Duane Ba=1 of the Otay Ranch Project who gave the Commission an update on the Parks and Recreation Element of the Otay Ranch General Development Plan and invited comments and questions from the Commission. Commissioner Roland asked for more specifics on the size and locations of the parks and what amenities will be available in the parks. He expressed concern'that sufficient parks of a greater size be included and that these parks contain active recreation facilities. Mr. Baue1 pointed out that specifics on park amenities are not available at this stage in the planning. He then pointed out on a map the location of some of the planned parks. Director Valenzuela pointed out that the plan would be brought before the Commission periodically for their input at the various planning stages. I q e 'Ct. PARKS AND RECREATION COMMISSION September 1992 PAGE 2 Commissioner Willett complimented Mr. Bazzel on his presentation and expressed his understanding that the project is still in it preliminary planning stages. b. Nonorofit Director Valenzuela reported on the current status of the proposed nonprofit He gave the Commission of the City Attorney's concerns about the structure and bylaws of the proposed nonprofit. He stated that by the October meeting he hopes to have revised bylaws to bring to the Commission for their consideration. c. Otav Park Use 'Director Valenzuela reported that he had met with the members of the Otay Committee regarding the use of Otay Park by a group of organized soccer players. The soccer players were invited to this meeting but did not attend. He stated that the Department, however, is working on alternative plans and locations for the soccer players in order to resolve the problems. Cha'ir Lind stated that the Youth Sports Council had been made aware of a number of inappropriate uses of parkland by soccer groups, and requested the Director to investigate this report. Commissioner Willett suggested that sign age be placed at the new Rohr Park ballfields to indicate who to contact for field rental. d. Si~na~e in Parks Director Valenzuela stated that the item had been placed on this agenda due to his concern about the number of rules and warning sign that have been placed in Hilltop Park and the unfriendly atmosphere that is created by these signs. He stated that the Department is working on a plan to consolidate signs in parks, so that they convey the necessary information without intimidating park patrons. Commissioner Hall expressed his desire to have the new signs contain a "welcome" message. (Commissioner Carpenter out 7:00 pm) 5. ACTION ITEMS Unfinished Business NONE Jete J=l PARKS AND RECREATION COMMISSION September 1992 PAGE 3 New Business Librarv Architect Library Director, Rosemary Lane introduced Bill Alexander and John Mattox, architects for the proposed library to be located at the comer of Fourth and Orange in Chula Vista. They presented a scale model of the proposed facility and gave a detailed description of the plans for the building and grounds. Commissioner Willett suggested that a "bus-turnout" be included in the design similar to the one at the Norman Park Senior Center, to insure the safe loading and unloading of school busses at the Library. In addition, Commissioner Willett suggested that the history of the land be researched back to the original Spanish Land Grants. , Library Director Lane stated that they plan to have the first exhibit in the Gallery to be of an historical nature. She sees the Gallery room and the meeting room as both multiple use rooms, for example, it is her feeling that the Parks and Recreation Department could program the Gallery for part of the day with, perhaps, painting classes. 6. COMMUNICATIONS a. Written Correspondence The Director distributed letters that the Department had received during the month lauding the high quality of service to the community that the Parks and Recreation Department renders. He complimented the staff responsible for the various programs mentioned in the letters. b. Commissioners Comments Commissioner Roland stated that one of the signs on the handicapped parking places is missing at the golf course. In addition, he requested that the Director check the condition of the greens at the golf course. Commissioner Hall stated that while he approves of the design of the library and is very glad to have it in our City, he is concerned that the Department still does not have a site for parkland in the Montgomery area and he hopes that the Library staff and members of the Library Board will support the Commission's efforts to obtain a park in the Montgomery area in the future. ' Commissioner Willett stated that he had written a letter to the Director and to the Mayor complimenting the Department on the Music in the Park Series and in particular Brian Cox on the job he has done on this series. He also thanked the Director and his staff for their /C( Ib PARKS AND RECREATION COMMISSION September 1992 PAGE 4 assistance to the Chula Vista 21 Committee. Each member of the Parks and Recreation Commission will receive a copy of the final report of this Committee. Commissioner Iind stated that some repair is needed on the play equipment, the merry-go- round at Halecrest Park. Commissioner Willett stated that he had observed a number of adults overloading this play equipment on several occasions. He believes this to be the cause of the need for frequent repair. Adjournment to the next regularly scheduled meeting of October 15, 1992. Respectfully submitted, ') .. // I I 7 .. "-"; ~ , /I.~.-~ ...-' Car~-Cramer Stohr ,7~: t..... ".,' ~......... '-......,. .. I q e - , q ATTACHMENT F . KlNUTES OF A REGULAR KEETING OF THE KONTGOKERY PLANNING COMMITTEE 7:00 P.M Wednesday. October 7. 1992 Lauderbach Community Center 333 Oxford street ROLL CALL MEMBERS PRESENT: Chair Castro, Members Platt, McFarlin, Scheuer MEMBERS ABSENT: None STAFF PRESENT: Associate Planner Frank J. Herrera-A Library Director Rosemary Lane Planning Technician Patty Nevins, Recorder APPROVAL OF MINUTES MSUC (Platt/Scheuer) (4-0) to approve the minutes of the July 15, 1992 meeting as presented. , OLD BUSINESS Associate Planner Frank J. Herrera-A advised members that the extension for Fenton's Conditional Use Permit, PCC-90-2E / PCC-90-JE, would be reviewed by the Zoning Administrator. Pending this action it mayor may not be referred for public hearing to this body for its review. REPORT Update on South Chula Vista Librarv - Rosemarv Lane. Librarv Director Library Director Rosemary Lane first stated that she wished to thank the Montgomery Planning Com.~ittee once again, as it's position on this project and input along the way played a large role in achieving this library. She described a recent town meeting held on the library, noting that some 45 people had attended. Ms. Lane pointed out that the proposed building is the same size as that applied for in the grant, but that the building has been redesigned by a new architect who has utilized an open courtyard setting. Ms. Lane introduced John Maddox of LPA Inc. Mr. Maddox displayed a site plan and model, pointing out that the building will be located at the northwest corner of the site for a strong visual presence; access will be provided on both Fourth and Orange, away from the intersection, and parking for "175 cars has been provided. Drought tolerant planting is being utilized, and a location for a potential amphitheater has been preserved. Mr. Maddox stated that architect Ricardo Legarreto is famous for courtyards and quiet areas, as evidenced in this plan. He explained the floor plan and the various uses to be accommodated I q e ~O . MONTGOMERY PLANNING COMMITTEE -2- OCTOBER 7. 1992 within the building, adding that a multi-purpose building stands somewhat on its own and can be used when the library is closed. Committee Ouestions Member Scheuer asked if there is any mitigation in the building for EMR; Mr. Maddox responded that the State Department of Education has a formula for setbacks from easements such as this, and that the proposed setback for this building - 150' from the north edge of the easement exceeds those guidelines. Mr. Herrera-A clarified the area of EMR concern relative to the site and building. Member Platt asked if the functions within the mUlti-use building could be switched so that the multi-purpose room could be oriented to the amphitheater; Mr. Maddox stated that this was being looked at. Platt asked if the children's room could be moved away from the street to minimize distractions; ~. Maddox responded that the room I s location was necessary due to archi tectural considerations, but that significant landscaping in the setback area would minimize distractions, and that building materials would also buffer noise. Ms. Lane added that the children's reading room would not be oriented to the street side. Member Platt asked how potential graffiti would be addressed; Mr. Maddox replied that materials and finishes that can be washed and/or painted would be utilized, in addition to shrubs and landscaping materials against the building, and architectural gates and fences. Members discussed various ways of addressing graffiti, and Maribel Castro of Chula Vista High School noted that a mural would allow community expression and would also discourage graffiti; Mr. Maddox stated that this idea was being considered. Vanessa Ochoa, also of Chula vista High School, advised that additional public phones be available, noting that there are usually people waiting for the phones at the Fourth , F Street library. Internal uses and circulation in the building was discussed; Member Platt felt that there would be some conflict in the circulation patterns. Member Scheuer asked if this building construction would facilitate second story expansion; Mr. Maddox replied that as a practical matter it would not. He added that one of the program requirements is the availability of 10,000 sq. ft. of expansion area, pointing out that this is available on the ground floor level. Parking was discussed, and member Platt suggested utilizing a turnout area where buses can pull off the street. Member Scheuer asked if the model would be placed on display in the community; Rosemary Lane stated that this was a good idea, and would be considered. 'C/ e - J- \ . MONTGOMERY PLANNING COMMITTEE -3- OCTOBER 7. 1992 REPORT 1991 Growth Manaoement Oversioht Committee Reoort Associate Planner Herrera-A indicated that this item needs to be placed on the agenda at some future date, and noted that additional copies of the report were available for members. Chair Castro asked that this item be agendized for the next meeting. MSUC (Scheuer/Platt) (4-0) to suspend the normal rules of order for the remainder of the meeting items. STAFF COMMENTS Mr. Herrera-A suggested that the committee amend its quorum requirements, if allowed by charter, to r~flect that the majority of those present at a meeting constitute a quorum. Member Scheuer stated that he could agree to this if a time restriction was included relating to the appointment of new members. Discussion of the suggestion ensued. Mr. Herrera-A extended an invitation for a meeting between members and Mayor Nader and Councilman Moore to discuss the Montgomery Planning Committee/Southwest Project Area Committee issue. After discussion, it was decided that Castro, Platt, and Scheuer could attend such a meeting on October 12. Member McFarlin noted an objection to the fact that the meetings were available only during working hours, which precluded her attendance. CHAIR'S REPORT Tony Castro read his letter of resignation. He stated that he is uncomfortable with a trend in city Hall to render the Montgomery Planning Committee ineffective, and that the proposed merger of the MPC and the Southwest Project Area Committee is indicative of this. He felt that many of the committee's functions would be replaced as a result of the Economic Development Commission's report. Mr. Castro concluded that he would remain for approximately six weeks longer until new members could be appointed. COMMITTEE COMMENTS Member McFarlin noted that the Southwest Project Area Committee members were also discussing the proposed merger, and saw this action as a method of encouraging member resignation. She stated that the city has taken Montgomery revenues and has given little in return. Member Scheuer stated that he would like to postpone appointment of members to advisory committees. He stated that his experience of the past year was that the city Council ignores Montgomery Planning ('j.p (, 'J -{ '- - 'c-:L~ I . MONTGOMERY PLANNING COMMITTEE -4- OCTOBER 7. 1992 Committee recommendations, and noted that the Community Development Block Grant Program had been the most frustrating experience since the committee's recommendations were not even considered by the Council. Member Scheuer pointed out that the Woodlawn Park Community Center still has no playground equipment despite promises made, and has only heard constantly changing answers as to the reason why the equipment is not forthcoming. Member Scheuer also stated that committee requests for information are ignored and that addressing department heads does not help, adding that if the committee is overstepping its bounds, it should be advised of this. He stated that the City Council is failing the Montgomery community, which had a better relationship with the County than it does with the City of Chula Vista. Member Platt agreed that there was no point in electing officers or appointing members to advisory commi~tees until the MPC's membership was resolved. Member McFarlin recommended that MPC members have the opportunity to interview and make recommendations on new members. Member Platt indicated that he had read the EDC report as faulting committees for delays and red tape, which he disagreed with. OTHER BUSINESS MS (Scheuer/McFarlin) to postpone election of officers and MPC members to advisory committees for 60 days. Discussion ensued as to the time frames; McFarlin called for the question. MSUC (Scheuer/McFarlin) (4-0) to postpone election of officers and MPC members to advisory committees for a period of 60 days. MSUC (Scheuer/McFarlin) (4-0) to meet as a quorum of simple majority of those present for a period of 60 days. * ADJOURNMENT at 8:45 p.m. to the regular business meeting of Wednesday, October 21, 1992 at 6:00 p.m. in the Public Services Building, 276 Fourth Avenue. *This action becomes null and void, in view of the Montgomery Planning Committee by-laws and guidelines, which state that four of the seven members constitute a quorum. There is no provision for amending this rule. Jq c - d.-3 Minutes December S, 1992 Page 12 ATTACHMENT G .sue (Rindone/Nader) to bear Item 18 and the RDA Agenda and continue the balance of the agenda to the nen ~gular meeting. 16. RESOLlJIlON 16923 APPROVING OiANGES TO lHE APPUCATION FOR PROPOSITION 8S GRANT FUNDS; CERTIPYING 1liE AMENDED PROJECT BUDGET IN lHE APPUCATION POR PlINDS AVAILABLE PROM CAUFORNIA UBRARY CONSTIlUcnON AND RENOVATION BOND ACT POR lHE CONSffiUcnON OP A NEW UBRARY AT ORANGE AND FOURTI-I AVENUES; COMMITTING TI-IE CTY'S MATOiING FUNDS; CERTIFYING TI-IE CITY'S ABIUTY TO FINANCE TI-IE SUPPLEMENTAL PlINDS NECESSARY TO COMPLETE 1liE PROJECT IN A TIMELY MANNER; CERTIFYING LOCAL MATOiING AND SUPPLEMENTAL FUNDS WILL BE AVAILABLE WHEN NEEDED TO MEET lHE PROJEcrs CASH PLOW REQUlREMENTS; CERl1FYlNG 1liE ACCURACY AND TRlTIHPlJUIIESS OF AI.l.INFORMATION CONTAINED IN TI-IE APPUCATION PORM; COMMITTING TO OPERATE TI-IE COMPI...En:D PAQU1Y AND PROVIDE DlRECT PUBUC UBRARY SERVlCE - The architecrural linn of LPA, Inc., in conjunction with the design architect, Ricardo Legorreta, has created a new conceptual plan Cor the South ChuJa Vista Library. Because the conceptual plan, consisring oC a site plan, a floor plan, elevations and sectional drawings differs from the plan prepared Cor the City's original California Library Construcrion and Renovation Bond Act grant applicarion, review by the California State Library was required. The State Librarian has informed the City th2t he has approved the new plans, but requires a new supporting resolution from Council. Staff ."ecommends approval of the resolution. (Library Director) , Rosemary Lane, Library Director, gave a brief review of the project. John Maddox, 435 La Jolla Village Drive, Suite 130, San Diego, CA, representing LPA Inc., reviewed the design and recent changes. Councilwoman Horton quesrioned why the costs would not increase when the square footage was increased "v ovo< 2,000 sq. ft. Mr. Maddox responded that it was an economical design, the economy had changed, and the circulation area was expanded which was also less expensive. Councilman Moore expressed concern over the drop. off zone and questioned what was wrong with the curb south of the faciliry, i.e. SDG&E right-of-way. Clifford Swanson, City Engineer/Deputy Public Works Director, stated that staff could look at that a1rernative. Because of the width of Fourth Avenue and the potential volume, they did not want traffic coming from the north going into the driveway. Ms Lane stated the City could not express anything to the Stare Library Board on land the City did not own. Cou:1ciJman Fox slaled there was a possibility of adding 50 additional parking spaces and questioned whether that was still applicable. Mr. Maddox stated the additional parking was a requirement of the State Librarian due to anticipated future expansion It would be done only upon expansion of the facility. Councilman Fox questioned whether murals were still being considered to discourage graffiti. Mr. Maddox responded that the idea of a mural was very attractive but it was not part of the budget at this time. Mayor r-;ader questioned whether there had been input from the Libraty Board of Trustees on the current plan. ,'q C 'l /-3 d- ( . '. Minutes December 8, 1992 Page 13 Ms. Lane responded that the Library Board of Trustees would be reviewing the plan at their meeting the following day. They had received it in their Board packet the previous week and they were requested to come in to review the plans in her ollice. Mayor Nader questioned whether Council action was needed that evening. Ms. Lane responded that Council action was needed so staff could get the plans to the State Librarian next week. They were under a very tight time frame. RESOumON 16923 OFFERED BY COUNOlMAN RlNDONE, ruding of the text was waived. . Mayor Nader stated he would support the motion in order to move the project along. It was one of the most exciring projects pending in the City. Normally he would want to see the Library Board's comments but realized the constraints they were under. He hoped staff would pass on the Council's desire to hear any of their input on the project. VOn: ON MOTION: approved unanimoU51y. 17. REPORT UPDATE REGARDING FUNDING FOR 1HE NATIJRE INTERPRETIVE CENTER AND A LEASE, LOAN AND OPERATING AGREEMENT BETWEEN 1HE BAYFRONT CONSERVANCY TRUST, OTY AND REDEVELOPMENT AGENCY. On 6/30/92, Cobncil approved a report on funding for the Bayfront Conservancy TrustlNature Interpretive Center (BCT/NIC). One of the recommendations of that report was to freeze one half of the Fiscal Year (FY) 1992.93 BCT/NlC budget until satisfactoty progress was made in addressing issues raised in the report. The current report offers an update on the significant progress that has been made in addressing those issues. Staff recommends Council unfreeze one quarter of the FY 1992. 93 budget to provide funding through 3/31/93. (Administration) Mayor Nader stated that as Chair of the Bayfront Conservancy Trust Board he had not agreed in freezing the budget in order to change some of the operating rules of the trust. The staff recommendation would allow them to move forward. M5 (NaderlRindone) to approve the staff recommendation. Councilman Rindone questioned who would be in the bayfrom assessment district. Stephen Neudecker, Executive Director, responded that was an issue that was being investigated as it was no! clear. Their understanding was that it would encompass all that was now the mid.bayfrom property. Mayor Nader stated it was included in the LCP amendment which had been adopted by Council. Jim Thomson. Deputy City Manager, stated that the land 0...."., had suggested a broader area. van: ON MOTION: approved unanimously. ITI:MS PULLED FROM 1HE CONSENT CALENDAR Items pulled: 6a, 7, 8, and 13. The minutes will reflect the published agenda order. OntER BUSINESS 18. CJ1I' MANAGER'S REPORT(S) . !'>:one 19. MAYOR'S REPORT(S) . None /q -e -;2-'5 ATTACHMENT H CITY COUNCIL MEETING/WORK SESSION MEETING DATE JANUARY 28, 1993 ITEM TITLE: Review of Progress on Design of South Chu1a vista Library Director~ SUBMITTED BY: Acting Library city Manager REVIEWED BY: The Architectural firm of LPA, Inc., in collaboration with Ricardo Legorreta, continues to refine the design of the new South Chula vista Library. City Council previously reviewed the preliminary depign at a september 10, 1992 Special Joint Meeting of the City council/Library Board of Trustees (ATTACHMENT A). At the City Council Session of December 8, 1992, a revision of those , preliminary plans, incorporating comments from both the City's Planning Department and the California State Library, were presented. The revision included the realignment of the entrance from the south side of the building to the east side. This was the design that has been sent to the California State Library for their approval as part of the Schematic Design Submittal. The Library expects to receive approval of the Schematic Design from the State Library within the next few weeks. At the Council Meeting/Work Session on January 28, 1993, John Mattox of LPA, Inc. and Ricardo Legorreta will present a proposed color palette for the building and the Council will see a model wi th these exterior colors. Since color is a principal design element in all of Legorreta's work, this will provide the city Council with an opportunity for input concerning the color palette at this critical design stage. The Library Board of Trustees will have a similar opportunity for input at their regularly scheduled meeting on January 27, 1993. During previous presentations to City Council, members have raised a number of questions, including the feasibility of planning for a second floor expansion. In response to that question, the Library requested LPA to explore the associated costs and ramifications. Their response (ATTACHMENT B) indicates that; "anticipating a second floor addition will require oversizing initial. infrastructure for the following future considerations: seismic reinforcing, Structural support for the second story, Elevator/stair requirements, Mechanical/plumbing systems requirements, Re-evaluation of roof design." LPA estimates that such a redesign would increase the construction costs upwards to $650,000, excluding engineering and design fees. In his letter Mr. Mattox further points out that there is adequate room on the site for single floor expansion and that any change in the scope of the project would require State Library approval, resulting in , " I<-f t - ,=:.LG MEETING DATE JANUARY 28, 1992 PAGE 2 further delays. Finally, although the contract with the California state Library requires the City to plan for a 10,000 square foot future expansion, staff does not anticipate the need for any additional space at this location based upon the current size of the building, projected population growth, and proposed library facilities elsewhere in the City. In light of these factors, staff recommends against pursing this option. Staff does not anticipate a need for additional space at this location. other issues raised included the problems associated with flat roofs and questions about a bus turn-out. The architects have indicated that besides the barrel roof over the Children's Room and the pyramid roof structure over the stack areas, even the remaining portions will technically not be flat, but will have a 4% grade to insure adequate drainage. The bus turn~out issue has not yet been resolved. Following the City Council Meeting/Work Session, the model/color palette presentation will be repeated at a Town Meeting at the otay Community Center to solicit comments and general community input. The Town Meeting, which will be held at the otay Community Center, will begin at 7:00 PM on the evening of January 28, 1993. Based upon the input received at the Council Meeting/Work Session, the Library Board of Trustees meeting and the Town Meeting, LPA and Legorreta will prepare a formal submittal for the City's Conditional Use Permit and Design Review process. It is anticipated that formal presentations will be made to the Montgomery Planning Commission in mid-February and to the Design Review 20mmittee and Planning Commission in late March. It is also anticipated that Design Development will be formally submitted to the California State Library for their approval by early March. If these dates are met, we will continue to be on track towards the August 30, 1993 start of construction (award of bid) deadline. ! q f:-- d-- 1 ATTACHMENT I Ml~:un.s OF A REGlJl..\R MEETING/WORJ<SESSION OF TI-iE On' COUNOL OF lliE 01i' OF Di\.n.A Vl ST A Thursday. January 28.1993 4:08 p.m. Council Conferf'nce Room Adminisrration Buildmg CALL TO ORDER 1. ROll CAll: PRESENT: Councilmembers Fox, Honon, Rindone (arrived at 4:27 p.m.), and Mayor Nader Oeft the meeting at 5:00 p.m.) ABSENT: Councilman Moore ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Vicki C. Soderquist, Deputy City Clerk BUSINESS 2. REVIEW OF PROGRESS ON DESIGN OF SOtm-l Di\.n.A VlSTA UBRARY. John Mattox ofLPA, Inc., and Ricardo Legorreta will present a propostd color pale(te for the building and the Council will see a model with these exterior colors. Since color is a principal design element in all of Legorreta's work, this will provide the Council with an opportunity for input concerning the color pallet at this critical d.,ign stage. David Palmer, Acting Library Director, stated staff was waiting approval from the State on the library plans. '11 was anticipated that approval would come forth next week. The presentation would review the refmed floor plan, slightly changed site plan and full color model. Preliminary comments by the State Library Director had been very complimentary. He then introduced John Mattox and Jim Ellis from LPA and Miguel Almaraz representing Ltgoreno. Mr. Almaraz stated there had been two comments from the State Library Director regarding the plans: 1) the building was too large, and 2) the c10stness of the parking to the main access of the building. Those t' concerns had been addressed in the proposed design. He then Te\1evl.'ed the site,loration of the faciliry, floor p~an, and elevations. Mayor !';ader questioned whether the proposed fountain would utilize reclaimed water. Mr. Almaraz responded that Mayor Nader was correct. Councilman Rindone expressed his concern over the lack of windows on the Fourth Avenue side. Mr. Pa~mf>r responded that theore were a few small windows bUT U,e State was concf'med with th(' amount of sunllght allowed from the we51 due to heat and possible damage to the book materials. City Manager Goss noted that with the rolated building it created an alcove and expressed comem over possible securit)' problems. Me Palmer responded that a conrrol gale wo"ld be installed Cou;Jcilrnan Rind0nf" qUf'!diOnNl tht proposf'd sirnap' and fell it imponam that sibnage be \,,,iblf' ho;n the SOf'ets. M:. Polmer mf,.rrned Council that signa.e would be considered m the nexl phase of the projer!. /q c -. ,.)2 ...2nUarj LO, ~l'::JYj "age 2 Councilwoman Honon noted the bLilding was to have a verde finish and questioned whether it would be the color of the model. Mr. Mattox responded that it would be close to the color being proposed but noted that the model was being rf\;ewed under the /lorescent lights. The actual finish on the building would be softened by the sun and air quality. He noted that portions of the roof Were to be covered with copper and that the patina would be accelerated. Councilman Rindone questioned the anticipated staffmg of the facility. Mr. Palmer responded that at any given hour of the day there would be 7-8 staff members required. The new library would be comparable in staffing to the Main Library on Fourth Avenue. Councilman Fox questioned the safety aspect of the proposed fountains. Mr. Palmer responded that it was hoped there would be minimal water /low and a glass wall had also been discussed to ensure safety. Mr. Mattox informed Council that the area of the Library containing the fountain was currently undtr study and they would consider Council's comments regarding safety in delibe(ations. Mayor Nader questioned whether there were more parking spaces allotted than required. He would like to see more open spaces and small parks. Mr. Mattox responded that they were not intending to have more parking than required by the State. The expansion areas would remain green. He also noted the set-back areas that would be landscaped. Mr. Palmer informed Council that the application submitted to the State indicated there would be 175 parking spaces and that could not be changed. Staff had requested that the architect move some of the parking to provide. more green space. Councilman Rindone questioned whether the community meeting rooms would have outside access. Mr. Almaraz responded yes. Mr. Palmer stated staff would bring back the next phase as appropriate for Council review. 3. COU1\'TY WATER Alffi-lORlIT PRESENTATION REGARDING WATER STORAGE CAPAOlY _ Presentation by Patricia Tennyson, Direeror of Public Affairs and Richard Pyle, Senior Civil Engineer with the County Water Authority, regarding additional emergency warer storage in the County of San Diego in the ewnt of a cut off from the imponed water supply' (which represents approximately 90% of the water used in the County) and preparation of the Environmental Impact Repon (EIR) for the Emergency Storage Project. Rich Pyle, Project Enginee.r for Emergency Storage Project, County Water Authority, introduced Paoicia Tennyson, Public Affairs fOr the Water Authority, and Frank Chenelle, Boardmember. A video presentation Was given regarding Emergency Water Storage for San Diego County. Mr. Pyle srated that the County Water Authority had begun an EIR proTtss and were now soliciting COlO1ments regarding the scope. It wa, hoped that the draft EIR would be completed in tarly J 994 with the fir:21 EiR c():Tlpletf'c In ) 995. Al that time a preferred ahemative would be selected. The fIve propost"d sitts /C) c - cJ- 9 . ATTACHMENT J IT WILL BE A BIG (37,000 sa, FT) NEW BUILDING IT WILL BE BUILT ON THE SOUTH EAST CORNER OF FOURTH AND ORANGE AVENUES COME TALK TO THE ARCHllECT, CITY AND UBRARY STAFF WALLS WILL RISE IN LAlE 1993. 1'BVIISDAY..JAN1JAIlY 28.1993 7:OOP.II. OTAY COMMVNDY CEN1EB 16n AlBANY 81'BEET COMPUANCE WITH AMERICANa WITH D1Ul11UT1U ACT ADA THE CITY 01' CHULA Vl8TA, IN COMPLYING WITH THE AMERICANa WITH D18A81UTlE8 ACT,lIEQUE8T8INDIVlDUAl.8 WHO REQUIRE 8PECIAI. ACCOMMODATIONS TO ACCE88, ATTEND AND/OR PAIlTlCIPATE IN A CITY MEI!TING, ACTIVITY OR 8ERVlCE REQUE8T 8UCH ACCOMMODATION AT LEA8T PORTY-ElGHT HOUR81N ADVANCE POR MEETING8 AND PlVE DAY8POR SCHEDULED SERVICE8 AND ACTIVlTIE8. PLEA8E CONTACT JOANN HOWARD I'OR INFORMATION OR YOUR REQUEST AT {I'.) "''''13. CAUI'ORNIA RELAY 8EIIVICE 18 AVAILABLE POR THE HEARING IMPAIRED. (rIp r,('.. '1~ -,JV -' . ) ~ . 'j" 'I, f . " .ir 1 . ~DE LA CO UNA NUEVA BIBllOTECA YIENE A EST A AREA DE LA ClUDAD , SERA UN EDIFICIO NUEVO Y GRANDE (37.000 PIES CUADRAOOS) , SERA CONSmUIDO EN LA ESQUINA SURESTE DE LAAVENIDA CUARTA Y AVENIDA ORANGE. VENGA A PLATICAR CON ElARQUITECTO. PERSONAl DE LA CIUDAD Y DE LA BIBUOTECA , LAS PAREDES SERAN EDIFICADAS A FINES DE 1993. ENERO 28, 1993 7:00P.M. OTAYCO~TYCENTEB 1671 ALBANY STREET DE ACUEROO CON AMERICANS WITH DISABILITIES ACT EL MUNICIPIO DE CHULA VISTA DE ACUEROO CON 'AMERlCANS WITH DISABIlITIES ACT' SOUCITA A LAS PERSONAS QUE NECESITAN ACOMODAMIENTO ESPECIAl. PARA ATENDER 0 PARTICIPAR EN UNA JUNTA ACTIVIDAD 0 SERVlCIO, SOlICITEN TAl ACOMODAMIENTO 48 HORAS ANTES DE LA JUNTA Y CINCO DtAS ANTES DE LOS SERVICIOS Y ACTIVIDADES PROGRAMADOS, POR FAVOR ' DE COMUNICARSE CON JOANN HOWARD PARA INFORMAR SU SOlIClTUD 0 PEDlDO Al (618) 891-51113, 'CALIFORNIA RELAV SERVICE' ESTA PARA ASISTIR A LA PERSONA DEFIClENTE DE OIDOS. 14e - 3 \ ..l.od;"i,,,;_.......,.".,~""7~:.M,.....::.-~..~_~ "..A'~ .. . ...-.. .. - - ".... .W R . ATTACHMENT K TOWN MEETING NOTES January 28, 1993 Otay Community Center 7:00 PM Chaired by Board of Trustee's Chair william Alexander Board Chair Alexander Introduced Acting Director Palmer explained that the library was being constructed with a million grant from the California State Library. who $6.7 He indicated that this was the second in a series of Town Meetings regarding the Library. The first meeting had occurred on September 10, 1993 at the Lauderbach Center. The plans being presented tonight incorporate meeting, comments made by the Planning California State Library. comments made at that Department and the , Mr. Palmer introduced Miguel Almaraz, Project Manager, from the firm Legorreto Arquitectos. Mr. Almaraz described the project and walked the audience through the floor plan and a working model of the library. Following the presentation, the audience, numbering approximately 20 citizens and staff members, was invited to comment. A number of people raised the issue of traffic problems on Quintard and Oranges. They asked that Quintard be made a cul-de-sac. (not part of the library project, the issue will be referred to Traffic Engineering) Many people asked about safety on the library site. Would there be adequate lighting? (yes) Will parking lot be closed after hours? (can be considered) How will graffiti be prevented? (by use of ground cover, plants and exterior wall treatments) Could a police sub station be located in the library? (maybe) There were relatively few questions about the design. One person asked whether the courtyards would be accessible to patrons (yes, but secured from the outside). One person cOTh"ented that they did not like the proposed color, but others said they did like it. Other questions related to the roof treatments (copper) and the pyramid roof heights (15 to 25 feet). The meeting ended at approximately 8:30 PM /9 e jc2 MINUTES OF A SPECIAL MEETING OF THE CHULA VISTA SAFETY COMMISSION ATTACHMENT L Friday, February 26, 1993 6:10 p.m. Council Chambers Public Services Buildin~ CALL TO ORDER 1. Roll C811: Present. Chair Thomas (arrived at 6:35 pm), Vice Chair Padilla, Commissioners Braden, Chidester, Matacia, and Pitts Excused Absence: Commissioner Koester Also Present: Frank Rivera, Associate Traffic En~ineer; Shirley Buxton, Recordin~ Secretary; Roberto Saucedo, Senior Civil En~ineer, and Alex AI-A~ha, Civil En~ineer 2. Pledoe of AlleoiancelSilent Pr8ver 3. Ooenino Statement Read by Vice Chair Padilla 4. Aooroval of Minutes Au~ust 13, 1992 , No action taken. MEETING AGENDA 5. REPORT Fourth Avenue and Oran~e Avenue Street Improvements Frank Rivera reported that the proposed South Chula Vista Library was to be located on the southeast corner of Fourth and Oran~e Avenues. The library was desi~ned to be 37,000 square feet with parkin~ around the perimeter. Staff was lookin~ for a recommendation from the Safety Commission re~ardin~ the street improvements needed in this area. The traffic volumes on Oran~e Avenue and Quintard Street were reviewed. Mr. Rivera said that staff reviewed several desi~n proposals for this area. The first desi~n proposal was a sin~le left turn lane from westbound Oran~e Avenue to southbound Fourth A venue. The proposed median would allow access in and out of the library from Oran~e Avenue. Currently, the north side of Oran~e Avenue did not contain street improvements in most areas, but was asphalt berm. The second alternative staff reviewed was also a sin~le left turn lane at Fourth Avenue, but the median proposal was chan~ed to allow for U turns on Oran~e Avenue at the access driveway to the library. Staff did not recommend this proposal because of the awkwardness of a U-turn at this mid-block intersection. The last alternative reviewed by staff involved dual left turn lanes at Fourth Avenue, The median and all other improvements would be moved to the south to allow for five lanes on westbound Oran~e Avenue which would narrow the eastbound lanes on Orange Avenue and lJ-turns would be prohibited. Mr. Rivera reported that staff preferred the first design proposal, the single left turn lane at Fourth Avenue. He then reviewed the Chula Vista Design Standards regarding four lane major streets and the comments from area residents during a meeting held between staff and residents on February 23, 1993. Dennis McKlesky, 347 Ouint6rd StrNt. Chulll Vist6, CA 9,9", said he and his neighbor discussed the letter received from the City which stated the library might affect traffic in the area. He said he I q t: U"r"""'r'21"'fl~~ r. n ,'.j~:it:, ~ ''';~l>>fj'~ ,J !,'" 12 .. -'-I" :.. a .......,:;-.:.us: OJ .:) 3 !iA~~Ui~S Safety Commission Minutes February 26, 1993 Page 2 polled the neighbors on Ouintard Street and Ellugar about making the west end of Ouintard Street a cul-de-sac. He said it was almost unanimous to make Ouintard Street a cul-de-sac. It would eliminate the awkwardness of the intersection of Ouintard Street and Orange Avenue. It would make Orange Avenue a through street for Third Avenue to Fourth Avenue. Mr. McKlesky reviewed the traffic volumes and commented that there was more traffic westbound on Quintard Street, which was a residential street, than there was on westbound Orange Avenue. The proposal made by staff to put a median on Orange Avenue would cut off truck traffic travelling from Third Avenue to Fourth Avenue. Rosemary Contreras, 330 Orange Avenue, Chula Vista, CA 97977 said when she tried to exit her driveway, it was dangerous because the street was narrow and residents of the neighboring apartment complex parked their vehicles on the street. She said she would like to see Orange Avenue widened. She said there was nothing to provide safe walking means for the children from lauderbach School. She said there would be more traffic and pedestrians from lauderbach School crossing Orange Avenue and felt it should be widened. . Brad Lanier, 355 allin/ard Street, Chula Vista, CA 91971 said there,had been two accidents in front of his home. One was a hit and run accident and another damaged his property. This was a residential street and not a four lane major street which Orange Avenue was. Southbound traffic on Third Avenue used Ouintard Streelto shorlcut to Orange Avenue and created a heavy traffic flow. There was more traffic from 5:00 pm to 7:00 am on Ouintard Street than between the hours of 7:00 am to 5:00 pm. Traffic was heaviest during the time when children were outside. He said he had taken walks and said "lrange Avenue was treacherous. Improvements on the nOrlh side Orange Avenue needed to make conjunction with the library as well as making Ouin1ard Street a cul-de-sac. If improvements were made to wait, Orange Avenue would be a safety hazardous. If Ouintard were made a cul-de-sac, it would cut down the majority of traffic that headed west. It was his understanding that whenever the City wanted to cul-de'sac a street, there was great opposition, but that the residents in this area were united. Clifford Gonzalves, 7359 EI Lugar Street, ChulB Vis/B, CA 91977 was concerned about the speed limit on Orange Avenue and said staff had indiciated that if the speed limit were lowered, this area would be considered a speed trap. He said that there would be many children going to the library and crossing a newly widened street. but yet staff did not want to lower the speed limit. He said that a car dealership on Broadway had a yellow flashing crosswalk, but there was nothing provided for children trying to access a library. He said originally, he was not for making Ouintard Street a cul-de- sac, but now he felt this would improve the area. His biggest concern was the speed limit on Orange Avenue, especially since the north side of Orange Avenue was all residential. Mr. McKlesky returned to the podium and said that one block south of the library was Montgomery Elementary School and on Palomar Street and Fourlh Avenue was lauderbach School. He felt as soon as the library was completed, it would be a popular field trip for students. The pedestrian accommodations on the east side of Fourth Avenue between lauderbach School and Orange Avenue were inadeQuate or non-existent in most places. He felt that this could not be ignored and the problem Should be addressed at this time. not later. Mrs. Contreras returned to the podium and said that Orange Avenue had different speed limits. She said in the area of the library the speed limit should be lowered because she had difficulty backing out. of her driveway on Orange Avenue. vice Chair Padilla closed the public hearing. Commissioner Matacia said that staff was asking the Commission to address several issues, and wanted to take one issue and address it through to resolution. He asked staff to discuss the cul-de-sac issue on Ouintard Street. r ~ -. . --..~-...::~ -.=.~.- \a;" _ .:, - .. .. ''':':''' ...~. ~ " - 'I"'''r ~""'r::'!'" . . . I ~ ..,. ~_~:;~\;.;..:.... L i:..:...~ /q e 3ti Safety Commission Minutes February 26, 1993 Page 3 Frank Rivera said at this time, Ouintard Street was not part of the library improvement project. The improvement project was limited to the centerline of Orange Avenue south and also the centerline of Fourth A venue east. The residents requested the City to consider a cul-de-sac as part of the library improvements or the north curb line street improvements on Orange Avenue which would be completed ir a ff''' years. The funding for ~;-,e project was limited to the library improvements and did not include the north curbline. Staff would not ignore the residents request regarding Ouintard Street, but it was not part of the library improvements. Staff requested the Safety Commission make a recommendation regarding Ouintard Street. Commissioner Matacia said that if Ouintard Street were made a cul-de-sac, then the design that staff . presented allowing a U-turn mid-block would be unnecessary. He asked if this was a project that could be considered now. Roberto Saucedo, Senior Civil Engineer, said what was before the Commission were the improvements of Fourth Avenue and Orange Avenue. He said the Engineering Division would look at possibility of addressing Ouintard Street in the future. Ouintard Street was categorized a major street and had a potential to impact many other motorists. Staff was not prepared to present pros and cons for making Ouintard Street a cul-de-sac. Staff was com mined to look at preparing a study on this issue. , Chair Braden said if Ouintard Street was made a cul-de-sac, then vehicles would then be pushed onto Third Avenue and would cause congestion. She then asked if Orange Avenue would be widened. Mr. Rivera said that staff had not prepared a traffic study of the Third Avenue corridor, but that all traffic factors would be included in a study. Orange Avenue would be widened to 80' including street improvements. Commissioner Pins asked if .making Ouintard Street a cul-de-sac would affect Orange Avenue. Alex AI.Agha, Civil Engineer, said staff was designing improvements for Ouintard Street that would match the north side of Orange Avenue. Staff was constructing the southerly half of the improve- ments and in the future would install improvements on the north side of Orange Avenue. At that point, staff would Jook at the feasibility of making Ouintard Street a cul-de-sac. Commissioner Pins asked speed limit information for the surroundirig areas. He said he traveled Ouintard Street and had seen commercial trucks use this street to access Third Avenue. He felt speed limits on Orange Avenue needed to be reduced. On Fourth Avenue in this area, there were no improvements to be used by pedestrians. Children would be traveling to the library and the speed needed to be reduced for the safety of pedestrians in the area. He said students in the various school districts were already talking of the new library and he anticipated that this would be a high volume area where traffic needed to be slowed down. He requested an explanation of the median design and justifications. Frank Rivera reviewed the medians designs and their traffic flows. Commissioner Pins asked if a motorist existing the library could make a left had turn across Orange Avenue and head west toward Fourth Avenue. Mr. Rivera said that this would be an allowed maneuver, Vice Chair Padilla verified that there was controlled pedestrian crossings at Fourth Avenue and Orange A venue. He then said that if staff were to look at a mid-block crossing, would it change the recommendafon oi the southern improvements. - -=-:- .- ,," t.~~r!' J~~.t: . . . .. __ L _...:.. !() I I c' 'J ' ,-~) .:.) Safety Commission Minutes February 26, '993 Page 4 Mr. AI-Agha said a mid-block crossing would not be recommended because there were no street improvements on the north side and the road was narrow with no sidewalk and would not want pedestrian traffic on the north side of Orange Avenue. In the future, when the north side was improved, this crossing could be reviewed. Chair Thomas asked if pedestrian traffic to the library was considered as an issue when the library was proposed. Mr. Rivera said the pedestrian traffic was expected to use the intersections of Fourth Avenue and Orange Avenue, and Third Avenue and Orange Avenue. Mr. Saucedo informed the Commission that the City would be addressing the improvements on Fourth Avenue from Maln Street to L Street through a CIP project. In the next fiscal year, staff hoped to improve Fourth A venue between Del Rey High School to Main Street which would address the pedestrian issue on Fourth Avenue. The library would not be in operation until August' 994. By that time, staff should have a majority of the improvements installed since it was pertinent to the library construction. , Chair Thomas presented to the Commission the idea of constructing a modified left turn median on Orange Avenue allowing left turns into the library, but not out of the library. He said if the median were left open, there would be enough room for a vehicle to sit in the middle of the street waiting to make a left hand turn. Vehicles would have to make sure they were out of both lanes of traffic flow. If motorists were'turning left into the library, vehicles trying to exit the library trying to make a left ,nd turn out of the library would bonleneck the opening in the median. He suggested a median that .ould allow dual left hand turns at Fourth Avenue from Orange Avenue and allowed U-turns. Commissioner Pitts said he preferred to prohibit left turns out of the library, but left hand turns into the library would be acceptable. He said if a left turn was allowed from Orange Avenue into the library, then there would not be a need for a U-turn at Fourth Avenue. Mr. Rivera said that staff could not provide a U-turn with dual left turn lanes at Fourth Avenue because of the width of the street and the median. If a single left turn was installed, a U-turn could still be allowed. He also informed the Commission that staff was mandated by the State to re-evaluate the speed of any street which was widened or modified, therefore, staff would be reviewing the speed on Orange Avenue in the future. MSC (Chidester/Pitts) to install a modified left turn median on Orange Avenue In front of the library, thus prohibiting left turns from the library to westbound Orange, install a single left hand turn lane from Orange Avenue to Fourth Avenue, and prohibit U-turns at the intersection. Approved 6-0-' with Commissioner Koester absent. Commissioner Pins asked staff why they requested a median extension on Fourth Avenue which prohibited left hand turns into the library parking lot. Mr. Rivera said if a motorist was travelling south on Fourth Avenue, they could make a left turn onto Orange Avenue and access the library from Orange Avenue. If a motorist wanted to exit the library and head south on Fourth Avenue, the motorist could use the west exit and go north on Fourth Avenue and make a U-turn at Orange Avenue to travel south on Fourth Avenue, Mr. Rivera said that there --'as not enough room on Fourth Avenue to allow for a left turn lane. MSC (ChidesterfThomas) to install a full raised median on Fourth Avenue south of Orange Avenue, ~ronibiting left turns in and out of the library, Approved 6-0., with Commissioner Koester absent. U:>.-=- -".,p "':"'1 ,.. ., I~~' i"j '":~:.: ~ '-:;;.;i-'''_;.a;: ,. " !! ~ III II.... *~~bil"l~ I .' q e - 30 Safety Commission Minutes February 26, 1993 Page 5 MSC (MataciarThomasl to recommend that staff look at the possibility of making Ouintard Street a cul- de-sac in conjunction with tile Orange Avenue north line improvements elP project. Commissioner Pins asked about the resident.. concern for left turn phasing on Quintard Street at Third Avenue. ' Mr. Rivera reported that'if a motorist was on Quintard Street and desired to make a left turn to Third Avenue, there was no green arrow and the residents reQue~ j separate left turn phasing. The only modification needed would be to the signal itself, no additi~..." striping would be needed. Commissioner Pins said that if Quintard Street were made a cul-de-sac, the traffic through the area would be reduced. Mr. Rivera stated that if this intersection were evaluated for left turn phasing, staff would most likely find thaI the demand for this function would be decreased i' a cul-de-sac was present. Commissioner PittS asked when funds could be available to make Quintard Street a cul-de-sac. , Mr. Saucedo said if a study showed that a cul-de-sac Should be constructed, it would be approximately a few years before it w:..,jd happen. VOTE ON MOTION: Approved 6-0-' with Commissioner Koester ebsent. 6. ORAL COMMUNICATIONS None. STAFF REPORTS 7. Written Communications - None OTHER BUSINESS 8. Commissioner Comments None. 9. RECESS to Regular Monthly Workshop Session (If necessary) ADJOURNMENT Vice Chair Padilla adjourned the meeting at 7:58 p.m. Respectfully Submined, " /{~LiL .b(.,..~ irley Buxton, ecording Secretary $I.-SAFF'irI022U3.MIIV I r;. - - .- -~ - ...-:- ~ r ~ .... ~ -'Ow '- _ . - _ ........ .:J-_...;...i.. p r, ~'l.,'U"'- _. ...f. ~ r L..... _:.~~ j 030313 I."'. ,u , c - 3-:) ATTACHMENT M l\lL'\'UTES OF A SPECIAL MEETL'\'G OF THE DESIGN REVIEW COl\IMITTEE Wednesday. April 28. 1993 4:30 p.m. Conference Rooms 2 and 3 A. ROLL CALL . MEMBERS PRESENT: Chair Gilman, Vice Chair Spethman, Member Rodriguez MEMBERS ABSENT: Member Flach, with notification Member Bernier, without notification STAFF PRESENT: Principal Planner Steve Griffin Senior Planner Patrick Crowley Associate Planner Luis Hernandez , B. Th'TRODUCTORY REMARKS Chair Gilman made an opening statement explaining the design review process and the committee's responsibilities. She asked that all speakers sign in and identify themselves verbally for the tape when speaking. C. APPRO V AL OF l\IINl..'TES MSUC (Gilman/Rodriguez) (3-0) to approve the minutes of the March 22, 1993 meeting as presented. MSUC (Gilman/Spethman) (3-0) to approve the minutes of the April 19, 1993 meeting, corrected as follows: Attendance - Member Flach was present; page 2, line I - "Chair Gilman stated that the committee needed to decide if this project met one or more of the categolies of superior function and design as well as displaying unique characteristics. " D. PROJECT PRESENTATION 1. DRC-93-27 South Chula Vista Library 385 Orange A venue Staff Presentation Associate Planner Luis Hernandez introduced the project and presented the model for the committee's review. He stated that the project takes the predominantly hispanic character /q , t. ~) ):; ) /~ DESIGN REVIEW CO!\IMITTEE -2- APRIL 28. 1993 of the Montgomery area into consideration, and is binational in nature. Mr. Hernandez reviewed the project architecture and site plan, pointing out the 175 vehicle parking facility and park-like landscaping. He described the site terrain and neighboring uses. and noted the future expansion area provided for in the plan. Mr. Hernandez stated that two issues had been identified in the staff report. The first identifies the encroachment of the future parking expansion area into a requirer' :tback area; this was addressed by a condition of project approval. The second issue ..olves the requirement for a zoning wall adjacent to residential uses; the applicant pr 'oses a 7' landscape mounding solution, which staff found to be an acceptable alternati\.:. Mr. Hernandez stated that the architecture and color composition are endorsed by staff, but are unique in this community; therefore, the committee should consider these issues in its review of the project. Applicant Presentation , John Mattox of LPA Inc. introduced 1\liguel Almarez of Legorreta Architecture. Mr. Almarez reviewed the project architecture. stating that the intent was to create a binational character. He noted that the scheme of patios are traditional of mexican architecture and also fit in with the various functions of the library. Mr. Almarez stated that the desire was to give different areas of the building different personalities; he pointed out that while the outside was monochromatic, more vibrant colors will be used inside of the building. He described the proposed landscaping, which will be drought tolerant and low maintenance, and has been arran2ed in such a manner as to discoura2e - - access near the building's walls to prevent graffiti. Committee Ouestions/Discussion Chair Gilman asked if the small window elements utilized glazing; Mr. Almarez responded that they would utilize clear glass. In response to questions, Mr. Almarez and Mr. Mattox clarified the future building expansion area provided for in this plan. Member Rodriguez asked if a previous committee suggestion regarding a footpath through the site had been considered; Mr. Mattox responded that while the <"~gestion was viewed positively, certain liabilities might be created by such an arrang :nt. In response to questions by member Spethman, Mr. William Burton of Burton Associates elaborated on landscaping plans for the site. The future parking encroachment was discussed; it was stated that since this was only a matter of a few feet, redesignating certain spaces as compact would solve the problem. Chair Gilman stated that the proposed color would make this building a focal point rather than blending it in with the surrounding neighborhood. She added that while she was somewhat concerned about the specific color, she did not object to the use of bright colors in making a strong project statement. Members Rodriguez and Speth man stated approval of the color and its effect in making this project stand out. Members concurred in their approval of the building architecture. Member Spethman asked about anti-graffiti treatments for the building; Mr. Mattox stated that the entire building, both exterior and Iqe..-3Q \ DESIGN REVIEW CO\1i\IITTEE -3- APRIL 28. 1993 interior. would be treated with anti-graffiti materials. Member Rodriguez questioned signage; Mr. Hernandez responded that proposed signage would be reviewed by the Zoning Administrator, unless the committee otherwise desired. Members concurred that they would like to have the signage come back to the committee. MSUC (Gilman/Spethman) (3-0) to adopt Negative Declaration IS-89-79 and addendum. . MSUC (Gilman/Spethman) (3-0) to approve DRC-93-27 subject to the conditions listed in the staff report, with the following modifications: c - A comprehensive sign program to be submitted to the Design Reriew Committee for review and approval. d - Graffiti resistant paint in conjunction with densely arranged landscaping shall be utilized 011 all exten'or sl/lfaces. , E. AD.IOCR;\\1ENT The meeting was adjourned at 5:30 p.m. Patty Nevins, Recorder i1C 70 U!:l-.!'l~,=r-"l'<;"' ''', /1"\,1'1 [,II ~~" ,.~ ~::-::-~""", I,.,. ....,---..,. ..... ~."" Ii ." ";" .-. ... ._ .li':.i0.ril tl'0:':L--':;'Lh."Li..iJ~'J I; t::~ ATTACHMENT N EXCERPT FROM PLANNING COMMISSION MINUTES OF 4/28/93 ITEM 3: PUBLIC HEARING: CONDITIONAL USE PERMIT PCC-93-29; REQUEST TO CONSTRUCT A PUBLIC LIBRARY AT THE SOUTHEAST CORNER OF ORANGE AND FOURTH AVENUES - City of Chula Vista, David Palmer, Library Director Associate Planner Hernandez presented the staff report and stated that the Design Review Committee had unanimously approved the proposed library architectural and site design contingent upon approval of the conditional use permit. Staff recommended that the Commission adopt Negative Declaration IS-89-79 and Addendum, and adopt a resolution recommending that the City Council approve PCC-93-29, based on the findings and subject to the conditions contained in the draft City Council resolution. Commissioner Tuchscher inquired about the large parking area on the south side of the building. Mr. Hernandez explained that the literacy center would be located in that area and would be independent from the library. This parking area would 'serve the literacy center. Commissioner Tarantino asked about the timeline for construction; when could it be expected to be operational. David Palmer, Acting Library Director, said it was expected that construction would begin in the fall of 1993 and open to the general public by December 1994 or January 1995. Commissioner Tarantino questioned the impact of the high pressure power lines on the property. Mr. Hernandez stated that the facility was specifically designed to be set back from the power lines and electromagnetic fields. Commissioner Ray asked if the library was being built with grant funds or if City taxes would partially fund it. Mr. Palmer answered that the funding was primarily through a 65/35 % grant which meant it was 65% State/35% City of eligible costs. The City's match plus ineligible costs would be paid for through library development impact fees, CDBG funds which helped purchase the site, and residential construction tax. Replying to Commissioner Ray, Mr. Palmer said the DIF allowed for up to 36.2% funding for the project, and the DIF fees for new development in the eastern portion of Chula Vista would apply to the western territory. Commissioner Ray was concerned with traffic impact, and asked if there was any report back from Traffic Engineering regarding the cuI de sacing of Quintard. Mr. Palmer stated that the issue had been discussed at length at the Safety Commission hearing and a special Library BOaJ'd meeting, and the issue was not part of the street improvements. The street improvements on Orange A venue would only occur to the south end of the street toward the library site. '" In addition, Commissioner Ray was concerned about the design of the parking lot and whether the public would have access to the parking lot after hours. He felt there should be gates to ,'q t' 'i( PC Minutes -4- April 28, 1993 prevent vehicles from entering--to try to slow down graffiti. Discussion ensued regarding the cost of the gates, cost of personnel to close the gates, the need for book drops, and the use of an anti-graffiti solution which had been approved by the Design Review Committee. Commissioner Ray asked about the cost to purchase homes as part of the road improvement. Mr. Palmer answered that three parcels on the corner of Orange and Fourth were purchased. There were three homes on the library site which were purchased with CDBG funds and the money was reimbursed back to Community Development. Commissioner Martin stated that he was going to vote for the project; he was very excited it; however, he was concerned about the children who would be walking among trees and asked special consideration of that. This being the time and the place as advertised, the public hearing was opened. No one wishing to speak, the public hearing was closed. , MSUC (Carson/Tuchscher) 5-0 (Fuller and Moot excused) that based on the Initial Study and comments on the Initial Study and Negative Declaration, find that the project has no .signifi~ant environmental impacts and adopt the Negative Declaration and Addendum issued on IS-89-79. MS (Carson/Tuchscher) to adopt Planning Commission Resolution PCC-93-29 recommending that the City Council approve PCC-93-29 based on the findings and subject to the conditions contained in the draft City Council resolution. Commissioner Ray asked that the motion include a suggestion that the City Council, prior to final approval, consider gating the parking lot and installing an exterior book drop with street access or a turn-out for a book drop. He wished to reduce graffiti by limiting access after hours. Discussion followed regarding the age of taggers, the fact that it was a public building and gates would keep people from enjoying the building, whether gates would solve the problem, the challenge to gangs. Commissioner Ray suggested the use of in-house security--the creation of a sub-station for the police. Mr. Palmer said a sub-station could be accommodated within the building design. Commissioner Ray stated that if nothing was included for either a sub-station or somehow limiting access during off hours, he would vote against the project. Something needed to be done, and it should start soon. Commissioner Tuchscher concurred that Commissioner Ray's concerns were well founded, and asked that the vote be taken on the pending motion, and allow Commissioner Ray to put another motion on the table recommending that staff and/or Council look at those issues. If! e- - L-j d- PC Minutes -5- April 28, 1993 VOTE: 5-0 (Fuller and Moot excused) Assistant Planning Director Lee suggested that the concerns expressed be contained in the form of a memo to Council for review. The Planning Commission's charge was to address whether or not the land use was appropriate. Commissioner Carson informed the Commissioners that the tagging was done in the early morning hours. The taggers are defeated by painting over it, and she would rather see emphasis placed by the City Council on community pride in that area. The YMCA would be working with children from the age of 10-14; youth summits would be held in May and June dealing with what could be done with the junior high and high school students toward community pride. She agreed with Commissioner Tarantino that a barrier could be an enticement or initiation to get into a certain group. Commissioner Tarantino agreed regarding fostering a sense of pride, and felt the library would be a source of pride and could be a cultural focal as weH as apublic service type focal point. Vice Chair Martin reiterated the use of paint to paint over the graffiti, and if the graffiti was continually painted over, the taggers would eventually stop painting in that area. Vice Chair Martin questioned whether the Commissioners wished to send a memo to the Council. Commissioner Ray agreed with forwarding a memo, but felt the land use issues had been expanded to include more issues than just land use; and the fact that the project may invite problems, such as graffiti. Commissioner Tuchscher noted that anti-graffiti treatments were available; he also supported the use of paint. MS (Tuchscher/Ray) that staff take into account the comments made and draft a memo for review by Commissioner Ray and execution by the Chair. Acting Library Director Palmer assured the Commissioners that the coating which would be used on the exterior and the interior of the building was of a kind that had recently been applied to the new National City Police Department. To take graffiti off the exterior, high pressure water spray could be used; for the interior, a simple solution of solvent could be used. Paint would also be used. Regarding community pride, Mr. Palmer said there were some interior graffiti problems in the restrooms at the Library, but no exterior problems. There are some buildings which become off target, and he hoped that the new facility would become a magnet for ttie entire community, and a wonderful sense of pride would come from it. VOTE: 5-0 (Fuller and Moot excused) /1 e h( ") I ) ATTACHMENT 0 CITY COUNCIL MEETING/WORK SESSION MEETING DATE: MAY 27, 1993 ITEM TITLE: Report on Design of South Chu1a vista Library Acting Library Director~ SUBMITTED BY: REVIEWED BY: City Manager (4/5ths Vote: Yes___No-K-) The Architectural firm of LPA, Inc., in collaboration with Ricardo Legorreta, is finalizing the design of the South Chu1a Vista Library. City Council has previously reviewed the design progress on September 10, 1992, December 8, 1992, and January 28, 1993 (ATTACHMENTS A, B, C). Community residents have been invited to review the progress at Town Meetings held on September 10, 1992 and January 28, 1993 (ATTACHMENTS D, E). The California State Library has approved both the Schematic Design and Design Development packages. RECOMMENDATION: That Council Approve the design of the South Chula vista Library as presented to Council at the May 27, 1993 Meeting/Worksession. BOARD/COMMISSION RECOMMENDATION: On April 28, 1993 the Library Board of Trustee's voted (5-0) to approve the interior and exterior design plans, the Design Review Committee voted (3-0) to approve the project, and the Planning Commission voted (5-0) to approve the Conditional Use Permit (ATTACHMENTS F, G, H). DISCUSSION: At the May 27, 1993 Meeting/Work Session design architect Ricardo Legorreta will report on the refined design plans for the new library. In order to maintain the schedule and award the bid by August 30, 1993, the architects must finish the Working Drawings and submit them to the State Library by early June and the City must issue the bid documents by early July. This Meeting/Work Session, therefore, gives council a final opportunity for review before the project goes to bid. In addition, the Conditional Use Permit is scheduled to be submitted to Council for approval in early June. The plans continue to be in conformance with those presented to Council in late January. The exterior elevations, architectural design, and landscape design remain unchanged. However, the architect has continuec to refine certain interior elements based upon input from the pub lC, City council, Boards and Commissions, staff, and the California State Library. Refinements include a reconfigured layout of the furnishings in the browsing area, a /C( -f 'I .c , -, 1.--, i ITEM MEETING DATE: , PAGE TWO MAY 27. 1993 reconfigured room layout in the Meeting Room/Literacy complex, and the opening up of the story Hour Room in the Children's area. Also, during the last few months the interior design elements have been developed. These plans will be presented by Legorreta and interior designer Marshall Brown. They include a schedule of interior finishes plus furnishings and casework plans. City staff, from various departments, have reviewed all elements of the design, from HVAC to fountain pumps, from exterior plants to the finishes schedule. They have studied durability, maintenance, quality, and cost effectiveness. The City's Conservation Coordinator has also recommended various products made from recycled materials that are being considered, whenever possible, for use within the building. Although every effort has been made to be sensitive to all of the Community's needs and concerns, the single most discussed issue has been graffiti. Evervone has expressed concern about this social problem. Therefore, the staff, the architects and the project management firm have worked to insure that the entire exterior and interior of the building will be coated with the highest quality anti-graffiti protection possible. The coating will allow a power washer to be used to melt the graffiti off the exterior and a simple solution to clean interior walls. Finally landscaping, such as a bougainvillea field and prickly cactus plants, will be used around the building as a physical deterrent. Another frequently discussed issue has been the use and design of fountains. Courtyards and their accompanying fountains are a key characteristic of Ricardo Legorreta' s architectural attempt to bridge two cultures, provide a psychological calming effect, and natural noise baffl ing. The plan does contain one interior and two exterior fountains. They are being designed to be relatively low flow, use recirculated water, and to mitigate any safety hazard issue. The pump(s) will be non-submersable and may be limited to only one unit for ease of maintenance. Potential interior humidity problems are being addressed through the design of the mechanical and HVAC systems. FISCAL IMPACT: Funds for this project are appropriated in CIP LB-125. In April 1991 the city was awarded $6.7 million in California Library Construction and Renovation Bond Act funds which provides for 65% reimbursement for all eligible costs. The Design Development Cost estimate (ATTACHMENT I) indicates that both the building and site development design can be constructed within budget. I q -e l-J 5 ATTACHMENT P MIN"JrES OF A REGULAR MEETING/WORKSESSION OF THE OIT COUNOL OF THE OIT OF 0IDl.A VISTA Thursday, May 27, 1993 4:10 p.m. CALL TO ORDER Council Conference Room Administration Building 1. ROLL CAll: PRESENT: Councilmembers Fox, Horton Gett meeting at 5:40 p.m.), Moore, Rindone, and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Arrorney; and Vicki C. Soderquist, Deputy City Clerk BUSINESS Mayor Nader stated Council had two fulI business meetings already during the week. The agenda had not been voted upon by Councilor calIed for by the Mayor as provided for by ordinance. Therefore, it was his understanding that unless there was some urgency Council was without autl-:.ority to act on the iterr..s on the agenda except for the item continued from the 5/25/93 meeting on solid waste. He questioned whether there was an urgency that would require Council's a,tion on the other items. David Palmer, Acting Library Director, stated he would like Council to take action on the design of the library because there was a very tight schedule regarding deadlines for the State grant. . MSUC (NaderlHorton) to find an urgent need to take action on the approval on the design of the library. Robert Leiter, Director of Planning, stated there was no legal urgency in terms of action required by Council regarding the GMOC report. Council had directed staff to schedule the review of the report in a workshop serring in conjunction with the budget process. Therefore, information based on their recommendations could be considered during consideration of the budget. 2. REVIEW OF DESIGN OF SOlITH CJ-lULA VISTA UBRARY . The design architect, Richard Legorreta, and interior designer, Marshall Bro.....-n, will present the report on design plans of the South Chula Vista Library based upon input received during tIle design process. Staff recommends accepta::ce of tl,e design. (Acting Library Director) MSC (Moore/Nader) to accept the report and approve staff recommendation. Approved 4-0-1 with Horton absent. 3. REVIEW AND CONSIDERATION OF THE GROWTI-I MANAGEMENT OVERSIGHT COMMISSION (GMOC) 1992 ANNUAL REPORT - Pursuant to requirements of the City's growth management program, the annual report reflects the outcome of analysis of information presented by various City departments and external agencies regarding the impacts of growth on each of the eleven facility and service topics covered by the Threshold Standards. The report serves to identify whether or not the City is in compliance with each of the standards, to make related recommendations to Council on any actions believed necessary to remedy identified deficiencies, and/or ensure continuing compliance. Staff recommends Council accept the 1992 Report and direct the undertaking of those subsequent actions necessary to implement the recommendations. (Director of Planning) Mayor Nader stated staff would reschedule the review of the GMOC 1992 Annual Report for another meeting. ORAL COMMUNICATIONS None I r. I G!-e -'-/ G Minutes May 27,1993 Page 2 4. Cl1Y MANAGER'S REPORT(S) . None 5. MAYOR'S REPORTCS) - None 6. COUNaL COMMENfS Councilman Rindone: . Request for excused absence from Council Meetings of 6/5/93 and 6/8/93 in order to perform representative duties for MTDB. MSC (Nader/MoOR) ro approve the request to excuse absences for Councilmember Rindone on 6/5/93 and 6/8193. Approved 3-0-1-1 with Horton absent and Rindone abstaining. 7.A. REPORT UPDATE ON REGIONAL SOUD WASTE ISSUES . on 3/3/0/93 AND 4/20/93, Council discussed regional solid waste issues and a proposed Solid Waste Participation Agreement. Since that time, a San Diego Association of Governments (SANDAG) committee of elected officials has been meeting to negotiate the revised agreement. Staff recommends approval of the resolution and acceptance of the report. (Administration) Continued from the meeting of 5/25/93. B. RESOLUllON 17129 APPROVING AGREEMENT BY, BETWEEN AND AMONG THE COUNlY OF SAN DIEGO AND TIm CTIES OF THE COUNlY ESTABUSHING AN INTERIM SOUD WASTE COMMISSION AND PROVIDING FOR THE DISPOSAL OF SOUD WASTE, AND COMMITI1NG FIFlY PER CENT OF THE CI1YS WASTSTREAM TO THE COUNlY Stephanie Snyder, Principal Management Assistant, informed Council that nine cities had approved the agreement and four cities had rejected the agreement (Escondido, Encinitas, Carlsbad, and Oceanside). City Manager Goss stated the agreement as proposed to Council initially required approval by all cities. One of the agencies that voted against the agreement did so due to the Grand Juty report. After review of the report he felt it was vety biased and not only criticized the County but the cities in the County for not being able to get together to put a system together. He suggested Council adopt the resolution with conditions included in the 5/27/93 staff report. The first condition dealt with the solid waste facility fee. The second recommendation dealt with the remaining uncommitted 50%. An additional condition should be added where authority and responsibility would be vested in the same body. He felt the issues of siting authority within the permanent governing authority needed to be worked out before the final agreement. Protecting the City's General Fund should also be negotiated. MOTION: (Nader) communicate to the County that the City was willing to join the agreement and commit 50% of the City's waste stream to the County at this time with the initial Conditions 1 and 2 that were in the revised staff report (5//27/93); and with the additional condition that a mechanism be provided to the City's satisfac:tion whereby the City would have the ability to review any requests for cost increases for reasonableness in light of alternatives before approving. Motion died for lad of second. Councilmember Rindone questioned whether staff had looked at all alternatives to the agreement. City Manager Goss stated he was unaware of viable alternatives. There was nothing he felt comfortable with to break out of the overall County system. The County had looked at the alternatives in much more detail. Councilman Rindone expressed concern regarding the commitment by the City for a twenty year agreement and the possibility of greater costs to the rate payers in two, five, or ten years if cheaper alternatives were discovered during that time. He was concerned that alternatives had not been assessed as adequately as they should have been. He was trying to ascertain as to whether there were other alternatives and information I q e Lfl- September 20, 1994 MEMO TO: Mayor & City Council FROM: Patricia Salvacion, Receptionist f SUBJE~T: COLOR OF NEW LIBRARY ON ORANGE AVENUE The office has received the following positive responses from citizens regarding the color of the new library on Orange Avenue: 1. Anita Peterson 426.7285 "I support the color of the new library. I have visited libraries all over the country and this one is in keeping with the Mexican culture in the surrounding neighborhood. I think it's a very playful color that will attract children and is in the tone of the California hills." ' 2. Elizabeth Campos 426-9464 "I support the color of the new library. Now that the color purple has come into play I think it looks good. I would rather see time, money, and effort put into something else instead of spending it on repainting the library." 3. Lynn Aldous - native Chula Vistan and likes the color of the library! 4. Eduardo Valerio 422-1919 The color is great! People should be focused on the services it will provide to the citizens and the equipment it will offer -- this is what is important! 5. Marjorie Clarke (a former, longtime Chula Vista City employee) is in favor of the library color the way it is. /9 e --- L-(8 PETITION IN OPPOSITION TO THE RELOCATION OF RESTROOMS IN MEMORIAL PARK! PAGE 1. PAGE 2. PAGE 3. PAGE 4. PAGE 5. PAGE 6. PAGE 7. PAGE 8. STATEMENT OF OPPOSITION, SIGNATURES NO.1-II SIGNATURES NO. 12-37 SIGNATURES NO. 38-63 SIGNATURES NO. 64-89 SIGNATURES NO. 90-108 PHOTO AND DRAFT OF PROJECT AREA PLANNING DEPARTMENTS MAIL OUT PROJECT DESCRIPTION DESIGN REVIEW J?~~r.- i ,. PETITION IN OPPOSITION TO THE RELOCATION OF MEMORIAL PARK! RESTROOMS IN We the residents of One Park are in opposition to the proposed site for the relocation of the restrooms in Memorial Park. The location as shown in the Design Review Application is almost in our front door. We feel this is an unnecessary expense to the tax payers and could be done for far less expense and serve the same purpose by remodeling in its present location, where it doesn't detract from any property. We the residents of One Park will experience more traffic, both auto and foot, not to mention the increased noise of all hours of the day and night. We are a family dwelling and feel the traffic that is attracted to the public restroom could represent a danger to the children of our residents as well as all other children by placing the restroom in this location, the most highly used area of the park. The relocation will also cut down on the more desirable amount of space available to families who picnic and enjoy the Park. The proposed walk way designed in the area of the present restroom is not necessary and reduces the beautiful green lawn area, only to increase the amount of cement. We highly recommend that the remodeling be done in its present location. NAME ADDRESS 8 . r)'1 I .. ;:-1.,I.)/V..., r 9' Iq/ C) 1. 2. \~..~ 5. ; ( 'if C 'l1'tID ,&. q,q,O C, 190 3 . 4. 6 . 10. '/U i:e ~tt -~ ~ ~ . J ~"'n/l 1171 ~ f '{ /8 (!:l ., n ,1/ ~v' "JJ r IS 7. 9. '\j- 11. t / l,iCU f .,.. '-' c nUl ( ~ /r ----- c 28. 29. 30. 31. 32. 33. 34. 35. 36. ~ 37.~ -#b c"'/a( ADDRESS U J?;rJ ... -, " vja' ~. ... I I -- 1 ,,' v or /91 0 ?JL9 /'1/0 <J / '1IG 1i:l1o 9 19/7J J19/~ , q ICf/cJ if 1/ I( ~ ~qM <::;/ 'II cl ~5"to.- ~ ! 9/ t)c-f- ::trnf;f 1/1 M 1/1>77%;-2-DI c I ~/\~ V qnlo II 1/Cf/ij 7! tlJ '7/1/'0 :f/. '1r71'V / , ,'/l /(1 1 - - , _J -") , " 38. ~; Ct.^~ <;: ~~ 39.'--'d. ~'J~~ 40. f/..1A!;L' ~~ 4l~ill~U 42. ~""'C- I<~ 4 3 . V\Il "tL 'u cY <t <t :::~~ 4: 46. ~)~0CCU\ < SC .n ::: C t~r~ 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. ~;1Iv-' ::~:/)~~ 63. If~ ~ \~ " ADDRESS '" r/' , I \.. ! lel ( " , (/17171' - r~~tc. Ie); ,: ' Ct(CWl ~~ --t !.-t......Q-D..1l ~o.. ~ I '1/ I,; , C .v. CfA Ii) ~ ck qlqlO Q..iJ cA. ~ l '( l 0 t.. C v. (/J ti I~ IJ 9/~/7) A j/,~f.4 ( 14, / V C A- crlC{1 i) I rJ~(jCO '" (..1 (j R It) t{.. q I'I! D c,~r I .;: 9/0 7/ (J '/0 At.. ~~/ ~ "\ 'CillO k U)t_/ 0- 71'itJ 2~ V~~( 4 i 1'[, vl " ',1-" C'" '11"'10 , 17A I CA ~/71() , ~\:}oJ>o. ~"'" LA ""-'-"'-'-0 7 "7 :>. NAME rUlL~ 64. 6Q/A..u~~ 6{:7 AI &f'rl 67. 68. 69. I 70. 71. 72: fk/Lff .. 3S 73. A. ," 74. (-.tI..V 'tic'lL- Zit urJl' ../1 <, 75. :1;,/) ~ - " 76. c ,iue~,o/"S< 77. _~,L= GJJJ 78. <If;fl~~~ 79. ~ 80. 81. 82. 83. 84. 85. 86. "'--- 87. 88 ~ 89. ;; 'fj. r L It{ ( ADDRESS /,"'71111 )C-.v. ~/7(() C. .I',~ "7' l "}/o / ell- 7/'t/t> - C 1/ '11'1(0 1 c.; C~ Q("1f'O Ie, 10 1 """'iID ( . {i j";JC ( ': v" 1111D. .u 9/9/CJ v:. Cf/9/ t:> , '.U f'/7/0 . /V" ~/'?lo V <1/0/v . r. - ) if 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 110. 111. 112. 113. 114. f/)m~ c~.€ ~ (1, v t 1- i). , 4 (9/D /7 r?C 9/1/0 '1s:174 ('A 9/9/tJ / ' , 11/0 t 11lD ?rt!~ Q,t~9/?1() ~tS 9/9/1) ~~ i/ . ' " If C-v (/1, q/ 'flSl ~(/A&., ~ I /\ (1 I; ~ri"- \ .' ..', 92-# :z.I{ (F 1/. C//9/Z1 ?II (!,V, 91910 h"'. .' '--' / vlrL l i l' Cl ) U 1;. l. 0 ._C; / .---- ;~ /- <. ( ~ 'l{l \ I. Sn,nA'l' enlM.!. < W cr: ~ i o ~ w --, o cr: a. . ~ .' . o ! CJ Z - o --J - ::) a:l ~ o o a: f- en w a:~ v 117(1 I - I~ ,,/ . ~~f~ :- -- --: ~-...;:~..... ~-:...-:.."'" --- ...... . CllY OF CHUlA VISTA PLANNING DEPARTMENT August 19. 1994 NOTICE OF DESIGN REVIEW The City of Chula Vista planning Department has received a proposal for the construction of a rest room facility at the Memorial Park located at the northwest corner of Third Avenue and Park Way within the Town Center I Redevelopment Area (see locator). The site plan and architecture of the proposed rest room facility is on file in the office of the Planning Department, Public Services Building, 276 Fourth Avenue, Chula Vista, California. This application will be considered by the Zoning Administrator on September 6, 1994. Any Comments you have pertaining to this matter mu be rec ived by on September 2, 1994. or/Associate planner DRC- t#~~ >>1~~ ~@ c ?f{l . ,t t I 7 If; 7 - b /) // 276 FOURTH AVE/CHULA VISTA CALIFORNIA 9191011619) 691-5101 ErEE3 W ~ 88 tjU tJU D[J DO t UJ~l i l- I ,. I ,~ , : IF,51 TREET T' I I , I I I , CIVIC CENTER ..'.,J,t.,'.....,.".;-(.. r\r" , L I , . ." . .".~ (,". - _.1. __ " F1'ENDSHF PARK' f . .. -- - -.... ~ ,,(.,', ,.,..,^...... "~..." . "1/)" . ," ..~.: ,~ , "'r'l- ~ ,'~a_l: .,-c, r:' .,... .,~':.'~.'\--,'.t ",,,::.,.r I~~~ - -- _r._I,."",_,..O("r "':.".r. ^ ,'" :; -;-0 -<I CHULA VISTA PUBLIC LIBRARY : I -::7. I ~, ' , . 1 I I ' ~ ;_J_ ~- ~J_"- ;-- I' I I I I I I I I tit , TF' ~ ~\. ;.- lj~ ~ .-c- -' - > - - C T -:l- ~ I ....,...-<:)--1 I STR EET STA T , , , , , , ..".. I I : I I I I I ( ,ll0~V, ,,' . . , . . . . . I ' I , , BAY ~- GENEML ~ CHULA VISTA PLANNING DEPARTMENT C!) APPLICANT: City of Chula Vista PROJECT DESCRIPTION: DESIGN REVIEW ADDRESS: 385 Park Way Memorial Park - Proposal for restroom facility. SCALE: FILE NUMBER: NORTH 1" = 400' DRC - 95 - 05 -. U7 c c'tL( 1/^ U l (jlllfZ1- .{ I ,<:]