HomeMy WebLinkAboutAgenda Packet 1993/04/27
Tuesday, April 27, 1993
6:00 p.m.
UI declare under penalty of per)u~y t~at I am
emp!o':ed b~' the City of Chula Vista In the
OHic~ o'~: 1:;\0 r.:;'~',' Clerk and that. I po~r:.ed
t~is .~/€n ".\~u t e :~:n t;-l~ BuHetm B~3rj l:~'
the r u .Ie ).::;rV~3 Bu I,:,m; ;,nd, ~t City Ho," _01, ,.
DA.io~. 1~-~? rSIGNEDfl~~->1 .
Resrular MeetinS?;' of the City of Chula VGta City Council
Council Chambers
Public Services Building
CAll TO ORDER
Councilmembers Fox ~ Horton ~ Moore ~ Rindone _' and Mayor
Nader _
1.
ROIl. CAll:
2. PLEDGE OF AllEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINlITES: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. Proclamation commending Naval Aviation Depot North Island. The proclamation will be
presented to Capt. Bob Neel by Mayor Nader.
b. Update on Port District by Dr. Penner.
c. Oath of Office - Jesus Sanchez - Town Centre Project Area Committee.
CONSENT CALENDAR
(Items 5 through 19)
The staff recommendations regarding the following items listed under the Consent Cokndm will be enacted by the
Council by one motion without discussion unkss a Councilmember, a member of the puhlii: or City staff requests
that the item be pulled for discussion. If you wish to speak 011 one of these items, please fill out a .Request to
Speak Form. availabk 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; compkte the pink form to speak in opposition to the staff
recommendation.) Items pulled from the Consent Cokndm will be discussed after &Jard and Commission
Recommendations and Action Items. Items pulled by the puhlii: will be the first items of business.
5. WRITIEN COMMUNICATIONS:
a. Letter of resignation from the Economic Development Commission - Douglas G. Fuller,
Fuller Ford, 760 Broadway, Chula Vista, CA 91910. It is recommended that Douglas Fuller's
resignation be accepted with regret and that the City Clerk be directed to post the vacancy
immediately in the Clerk's Office and the Public Library in accordance with the Maddy Act.
ORDINANCE 2554
ADDING CHAPTER 3.50 TO THE MUNlaPAL CODE RELATING TO A
DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS PUBUC FAauTIES
WITIIIN THE aTI"S GENERAL PLAN AREA BOUNDARY AND REPEAUNG
ORDINANCES 2432 AND 2320 (second readinl[ and adoption) - In August
1989, Council adopted the Public Facilities Development Impact Fee
(PFDIF), which was later amended by ordinance in January 1991. Staff is
presenting the latest update of the PFDiF. Staff recommends Council place
the ordinance on second reading and adoption. (Administration)
6.
Agenda
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April 27, 1993
7. ORDINANCE 2S53 AMENDING SCHIIDULE X, SECOON 10.48.050 OF 1HE MUNICIPAL CODE
DECREASING STATE LAW MAXIMUM SPEED UMITS IN CERTAIN AREAS,
PASEO RANCHERO AND BUENA VISTA WAY (second readimr and
adoption) - Buena Vista Way and Paseo Ranchero north of East 'H' Street
are new collector streets constructed by the McMillin Development
Company in 1990 in conjunction with the Rancho del Rey Phase II
construction. Since the street does not have any fronting businesses or
residences, the unposted speed limit is 55 mph. A recent traffic survey
revealed that the 85th percentile speed is 43 mph and 36 mph,
respectively. In the interest of public safety, the City Engineer is
recommending that Buena Vista Way north of 'H' Street be posted at 35
mph. Staff recommends Council place the ordinance on second reading
and adoption. (Director of Public Works)
8. ORDINANCE 2S55 REPEAUNG AND RE-ENACTING A NEW CHAPTER 2.46 OF 1HE
MUNICIPAL CODE RELATING TO 1HE YOlITH ADVISORY COMMISSION
(first readinR:) - Last year it was suggested that the ordinance relating to
the Youth Commission be amended to allow commission members to serve
beyond 18 years of age. Upon review, many provisions of the current
ordinance were discovered to be in violation of the Charter, or inconsistent
with the new, standard format for Boards and Commissions. Staff
recommends Council place the ordinance on first reading. (City Attorney)
9.A. RESOLlTI10N 17087 APPROVING 1HE AGREEMENT WI1H 1HE SWEElWATER UNION HIGH
SCHOOL DISTRICT FOR JOINT USE OF 1HE UBRARY FACIUlY AT
EASTI..AKE HIGH SCHOOL AND AlITHORIZING 1HE MAYOR TO EXECUTE
SAME - In May 1992, Council approved, in concept, the establishment of
interim public library service at the EastLake High School on a three-year
trial basis, subject to an agreement with the EastLake Development
Corporation and the Sweetwater Union High School District. Staff
recommends approval of the resolutions. (Administration and Acting
Library Director)
B. RESOLlTI10N 17088 APPROVING 1HE OPTION AGREEMENT WI1H 1HE EASTI..AKE
DEVELOPMENT COMPANY FOR INfERIM UBRARY SERVICES AND
FACIUTIES IN EASTI..AKE AND AlITHORIZING 1HE MAYOR TO EXECUTE
SAME
C. RESOLlTI10N 17089 EXERCISING 1HE INTERIM UBRARY OPTION WI1H 1HE EASTI..AKE
DEVELOPMENT COMPANY FOR INfERIM UBRARY SERVICES AND
FACIUTIES IN EASTI..AKE
10. RESOLlTI10N 17090 AlITHORIZING 1HE CI1Y MANAGER TO SUBMIT AN APPUCATION FOR
A STATE OF CAUFORNIA 1993 OCCUPATIONAL SAFE1Y AND HEALTH
TRAINING AND EDUCATION GRANT FOR A BACK INJURY PREVENTION
PROGRAM FOR SWORN POUCE AND FIRE DEPARTMENT EMPLOYEES -
The State offers grants for the development of health and safety training
programs for certain high risk groups such as Police and Fire. The City's
proposal is to develop a back injury prevention program for the two groups
of employees. Staff recommends approval of the resolution. (Director of
Personnel)
Agenda
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April 27, 1993
11. RESOLUTION 17091 ACCEPTING BIDS AND AWARDING CONTRACf FOR PURCHASE OF
muCKS - Bids were received for the purchase of five vehicles, approved in
the Fiscal Year 1992-93 budget. Three vehicles are provided for in the
Equipment Replacement Fund and the other two in the General Fund.
Three vehicles will be used in the Engineering-Inspection Division and one
each in Parks Maintenance and Animal Regulation. Staff recommends
approval of the resolution. (Director of Finance)
12. RESOLUTION 17092 APPROVING TIiE APPUCATION FOR GRANT FUNDS FROM TIiE
C1GARE1TE AND TABACCO PRODUCTS SURTAX FUND PROGRAM FOR
STAGE IMPROVEMENfS AT MEMORIAL PARK - During the Fiscal Year
1992-93 capital improvement project budget process, Council approved the
appropriation of Park Acquisition and Development (PAD) fees for the
continuing renovation of Memorial Park - Phase II. Following the
completion of Phase I, and the Summer Concert Series held in the Park
during 1992, it was determined that an extension of the stage area would
be required to accommodate the special events and concerts/plays held in
Memorial Park. Specifically, the Navy Band has requested that
consideration be made to extend the stage to facilitate the placement of
their production. Staff recommends approval of the resolution. (Director
of Parks and Recreation)
13. RESOLUTION 17093 TRANSFERRING$2,5000FUNUSEDCOMMUNlTYDEVELOPMENTBLOCK
GRANT (CDBG) FUNDS FROM VARIOUS SUB-GRANTEES TO TIiE
LUTIiERAN SOCIAL SERVICES OF CAIJFORNIA FOR TIiE "THURSDAY'S
MEAL' PROGRAM - In July 1991, Lutheran Social Services and the South
Bay Ecumenical Council started a weekly meal program for homeless
people. The "Thursday's Meal" program currently serves 200 people, half
of whom are children. The committee overseeing the program has recently
expanded to serve meals on Mondays at the Presbyterian Church. Lutheran
Social Services has sent Council a letter requesting $2,500 to cover the cost
of utilities, maintenance, and insurance. It is a one-time request and
immediately needed due to the rapid growth of the program. Unused
CDBG social services funds are available from various sub-grantees. Staff
recommends approval of the resolution. (Director of Community
Development) 4/5th's vote required.
14. RESOLUTION 17094 APPROVING FIRST AMENDMENT TO A COOPERATIVE AGREEMENT
CONCERNING TIiE SWEETWATER RIVER FLOOD CONTROL 0iANNEL
WITH TIiE COUNTY OF SAN DIEGO - The amendment provides for
payment of certain project costs by the City pending reimbursement by the
Department of Water Resources. Staff recommends approval of the
resolution. (Director of Public Works)
15. RESOLUTION 17095 APPROVING AN AGREEMENT WITH ENVIRONMENTAL SYSTEMS
RESEARCH INSTI11ITE, INC. FOR ACQUlSmON, INSTALLATION,
TRAINING, AND MAINTENANCE OF TIiE CITY-WIDE GEOGRAPHIC
INFORMATION SYSTEM, AND AUTHORIZING TIiE MAYOR TO EXECUTE
SAME - The agreement is for the purchase and installation of equipment
and software for the City-wide Geographic Information System (GIS). The
GIS is a key element in the City's continuing efforts to improve staff
efficiency and to provide better service to the citizens of Chula Vista. A
Agenda
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April 27, 1993
GIS uses the latest computer technology to combine graphic and non-
graphic data processing techniques for the creation of geographic or land
use information by integrating diverse automated City data files, including
maps. The system will give staff, managers, and policy makers the ability
to use geography (individual parcel, planning area, City block, etc.) as a
common denominator for the review and impact analysis of data from a
number of different sources such as streets, easements, sewers, drainage
systems, street trees, street lights, traffic signals, land use/zoning,
assessment districts, fire hydrants, etc. Staff recommends approval of the
resolution. (Director of Public Works)
16.A. RESOLUTION 17096 HE-APPROVING 1HE FINAL MAP AND SUBDMSION IMPROVEMENT
AGREEMENT AND AUlHORIZlNG 1HE MAYOR TO SIGN 1HE MAP AND
EXECIITE SAID AGREEMENT FOR TRACT 93-01, RANCHO DEL REY
COMMERCIAL CENTER EAST - On 3/2/93, Council approved the Final
Map and Subdivision Improvement Agreement for Tracts 92-05 and 93-01.
The maps were approved with the code provision that bonds would be
provided within sixty days or the approval would automatically be voided.
The bonds have been provided for Tract 92-05 but not for Tract 93-01.
The developer has requested an extension of time to provide the bonds for
Tract 93-01. It can be accomplished by approving the Final Map again
under the same sixty day provision as previously approved. Staff
recommends approval of the resolutions. (Director of Public Works)
B. RESOLUTION 17097 HE-APPROVING SUPPLEMENTAL SUBDMSION IMPROVEMENT
AGREEMENT TO SATISFY CONDITIONS OF APPROVAL S, T, U AND V OF
TRACT 93-01 AND AUlHORIZE 1HE MAYOR TO EXECIITE SAME
17. RESOLUTION 17098 ACCEPTING BIDS AND AWARDING CONTRACT TO MCR ELECTRICAL
CONTRACTOR INC. FOR TRAFFIC SIGNAL INSfALLATION AT EAST
ORANGE AVENUE AND LOMA LANE AND MODIFICATION OF TRAFFIC
SIGNALS (pHASE III TRAFFIC SIGNAL UPGRADE PROGRAM) AT VARIOUS
LOCATIONS IN 1HE OTY - On 4/7/93, sealed bids were received from
eight electrical contractors for one project involving traffic signal work at
various locations. The project involves the installation of traffic signals at
East Orange Avenue and Lorna Lane and modification and upgrade of
existing traffic signals at five intersections (phase III Traffic Signal Upgrade
Program). The low bid of $124,549 was received from MCR Electrical
Contractors, Inc. The low bid is below the estimate of $125,100. Staff
recommends approval of the resolution. (Director of Public Works)
18. REPORT INTERAGENCY PLANNING OF A OTY-WIDE YOUIH SUMMIT - A Youth
Summit is based upon the premise that the City's youth possess a keen
sense of what issues confront them in their lives. Further, the youth of the
community are the best judges of what services are required to meet their
needs. Staff recommends Council accept the report and support the
proposed Youth Summit. (Director of Parks and Recreation)
Agenda
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April 27, 1993
COMMUNl1Y PRIDE FAIR - On 1/25/93, Council requested staff investigate
ways to incorporate the Community Pride Fair with the Fourth of July or
another City-wide celebration. The Parks and Recreation Department is
currently in the planning stages for incorporating the Pride Fair with the
Cultural Arts Festival, which is scheduled for 5/8/93. Staff recommends
Council accept the report and support the plan to incorporate the
Community Pride Fair with the Cultural Arts Festival. (Director of Parks
and Recreation)
19.
REPORT
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following irems have been advertised l11II1/or posted as public hearing.Y as required by law. If you wish to speak
to any itmI, pkase fi/I out the .RequLst to Speok Form. availJJbk in the lobby 111111 submit it to the City C1erlc prior
to the meeting. (Complete the green form to speak infavorofthe staffrecommendmion; complete the pinkform
to speak in opposition to the staff recommendation.) Comments are 1imitetJ to five minutes per individuoJ.
None submitted.
ORAL COMMUNICATIONS
This is an opportunily for the general public to oddnss the City Council 011 any subject matter within the Council's
jurisdU:tion that is not an item 011 this agenda. (Stole law, however, generaIly prohibits the City Cowu:iI from
taking action 011 any issues not inclutkd 011 the posted agenda.) If you wish to address the Cowu:iI 011 suda a
subject, pkase complete the yeUow .RequLst to Speok Under Oral CommuniI:ations Form. availJJbk in the lobby
111111 submit it to the City CIerlc prior to the meeting. Those who wish to speak, pkase give your 1UJnIL 111111 address
for record purposes 111111 follow up action. Your time is 1imitetJ to three minutes per speaIrer.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Cowu:iI will consider irems whidl have been forwarded to them for consideration by one
of the City's Boards, Commissions l11II1/or Committees.
None submitted.
ACTION ITEMS
The irems listed in this section of the agenda are apet:te4 to e1iciI substontiol discussions 111111 deliberations by the
ClJIl1IciJ, staff, or members of the general public. The irems will be considned individuaIly by the Cowu:iI 111111 staff
recommendations mLIY in certoin cases be presented in the aItonotive. Those who wish to speak, pkiJse fi/I out
a .RequLst to Speak" form availJJbk in the lobby 111111 submit it to the City C1erlc prior to the meeting. Public
commems are 1imitetJ to five minutes.
20. RESOLUTION 17040 RESCINDING RESOLUTION 16959 WHIOI OIANGED TIIE NAME OF
OTAY LAKES ROAD TO TELEGRAPH CANYON ROAD BElWEEN
TELEGRAPH CANYON ROAD AND WUESTE ROAD - The street name
change was approved on 1/12/93 by Council. The item was reconsidered
on 3/2/93, at which time the Council overturned their original decision.
Staff recommends approval of the resolution. (Director of Planning)
Continued from the meeting of 4/13/93.
Agenda
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April 27, 1993
21.
REPORT
CHULA VISTA HUMAN SERVICES COUNOL - Last Spring, the Chula Vista
Human Services Council (CVHSC) initiated Project CARE to provide a
safety net for isolated senior citizens. Project CARE includes a health and
safety home repair component. The CVHSC requested that the City draft
a legal waiver for volunteers who perform the home repairs. In reviewing
the request, staff determined that the home repair program raises a
significant legal liability which cannot be easily resolved. The larger issue
which has surfaced is the role of the CVHSC and its relationship to the
City. The report contains a history of the development of the CVHSC,
explains the current issues, and proposed options for resolution of the
issues. Continued from the meeting of 4120/93. Staff recommends item
be continued until 5/11/93. (Director of Community Development)
RESOLUTION 17050 APPROVING AN AGREEMENT WITH 1HE CHULA VISTA HUMAN
SERVICES COUN<JLSETI1NG FORTH1HE RELATIONSHlPBElWEEN1HE
<J1Y AND 1HE CVHSC AND TRANSFERRING $900 OF COMMUNl'lY
DEVELOPMENT BLOCK GRANT FUNDS
PROPOSED COUNTRY CLUB NEIGHBORHOOD INTERSECTION
IMPROVEMENTS - In 1989, Council approved the installation of temporary
traffic control channelization devices (delineators) on Country Club Drive
at First Avenue, Palomar Drive, and Sierra Way. The purpose of the traffic
measures was twofold: to discourage non-Country Club motorists from
short-cutting through the neighborhood and reduce vehicular speeds. In
late 1992, some of the area residents requested that the delineators be
removed since the delineators were worn and, therefore, unappealing
visually. A more permanent solution, such as raised medians, was
requested so that all of the delineators could be eliminated. Staff
recommends Council approve the retention of the existing temporary
delineators and defer construction of a permanent design solution
consisting of stamped concrete medians until funds are available to
construct the permanent medians. (Director of Public Works)
22.
REPORT
FOu.oW-UP ON DRAINAGE PROBLEMS WITI-lIN TELEGRAPH CANYON
CREEK BElWEEN FOURTH AVENUE AND HILLTOP PARK - On 2/16/93,
Council accepted staffs report on the problems created by the rain storms
which took place during the first two weeks of January and the extent of
drainage protection which could be provided within Telegraph Canyon
Creek between Fourth Avenue and Hilltop Park. At the same meeting,
Council directed staff to submit a follow-up report on the implementation
of interim measures to provide erosion protection along the channel
sections that were severely eroded. Staff recommends Council accept the
report. (Director of Public Works) Continued from the meeting of
2/16/93.
23.
REPORT
ITEMS PUlLED FROM 1HE CONSENT CALENDAR
This is the time the CiJy Council will discuss items whidl have been removed from the COIISent CaIendIlr. Agenda
items puIled at the request of the public will be considered prior to those puIled by CoundImmIbers. Public
comments art! 1imited to five minutes pt!T individual.
Agenda
-7-
April 27, 1993
OlliER BUSINESS
24. CI1Y MANAGER'S REPORTrS)
a. Scheduling of meetings.
25. MAYOR'S REPORT(S)
a. Appointment of two Council representatives to the City-wide Youth Summit focus group
meetings on 5/12/93 and 612/93. Continued from the meeting of 4/13/93.
b. Discussion of County Prisoner Release Policy.
26. COUNCIL COMMENTS
Councilwoman Horton
a. Renaming of East Orange or Otay Lakes Road to Olympic Training Center Drive. Continued
from the meeting of 3/23/93.
Councilman Moore
b. Discussion regarding dedicated phone line by the Finance Office with at least three
satellites.
c. Transnet Funds regarding local streets. Council policy as to time line for Main Street.
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Instruction to negotiators regarding salary and compensation in the form of fringe benefits pursuant
to Government Code Section 54957.6 - Executive Management, Mid-Management, Unrepresented,
Chula Vista Employees Association (CVEA), Western Council of Engineers (WCE), Police Officers
Association (POA), and International Association of Fire Fighters (lAFF)
Potential litigation pursuant to Government Code Section 54956.9 - Rick Engineering vs. the City
of Chula Vista.
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on May 4,
1993 at 4:00 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
~
Meeting Date
4/27/93
ITEM TITLE: Proclamation - COMMENDING NAVAL AVIATION DEPOT NORTH ISLAND
SUBMITTED BY:
Mayor Tim Nad~
(4/5ths Vote: Yes No xx)
The proclamation COMMENDING NAVAL AVIATION DEPOT NORTH ISLAND will be
presented by Mayor Nader to Capt Bob Neel, Executive Officer of Naval
Aviation Depot North Island.
Form A-113 (Rev. 11/79)
~a~/
COMMENDING
NAVAL AVIATION DEPOT NORTH ISLAND
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, the Naval Aviation Depot North Island (NADEP) has been a positive
influence throughout San Diego County for nearly seventy-five years; and
WHEREAS, the Naval Aviation Depot North Island has provided repair, overhaul,
engineering, calibration and manufacturing services to the U. S. Navy fleet of aircraft and
ships for over seventy-three years; and
WHEREAS, the Naval Aviation Depot North Island is one of San Diego County's
largest employers with a work force of 3,837 civilian and 32 military employees; and
WHEREAS, employees of Naval Aviation Depot North Island are proactive
members of their respective communities as members and supporters of community
service organizations including PTA's, youth and senior organizations and area wide
programs such as Toys for Tots:
NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California
do hereby COMMEND THE NAVAL AVIATION DEPOT NORTH ISLAND and its
employees for their contributions to the community. FURTHER, on behalf of the citizens
of the City of Chula Vista, California, I hereby support the retention of the Naval Aviation
Depot North Island.
t/a--'';;''
Apri 1 22, 1993
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Counci~_
John D. Goss, City Manager jh. ~~
City Council Meeting of April 27, 1993
This will transmit the agenda and related materials for the regular City Council
meet i ng of Tuesday, Apri 1 27, 1993. Comments regard i ng the Wr itten
Communications are as follows:
5a. IT IS RECOMMENDED THAT DOUGLAS FULLER'S RESIGNATION FROM THE ECONIMIC
DEVELOPMENT COMMISSION BE ACCEPTED WITH REGRET AND THAT THE CITY CLERK BE
DIRECTED TO POST THE VACANCY IMMEDIATELY IN THE CLERK'S OFFICE AND THE
PUBLIC LIBRARY IN ACCORDANCE WITH THE MADDY ACT.
JDG:mab
III
REef
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760 BROADWAY
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CITY OF Ci )1 A
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CI,TY OF CHULA"~): A
CIT<'1>OI2E~~~4)f~~E
1-800-626-3939
April 12, 1993
Penny Allen
Chairwoman
Chula Vista Economic Development Commission
355 K Street, Suite K
Chula Vista, CA 91910
Dear Penny,
It is with regret that I inform you that I must resign
my position as Ex-Officio Member of the Chu1a Vista
Economic Development Commission. Please consider my
resignation effective immediately.
I commend you and the entire Commission for the important
work which you have undertaken and sincerely hope that
you are successful. If I can ever be of any assistance
to you or the Commission please do not hesitate to call
on me.
Sincerely,
CL:
A. Authe1et, City Clerk
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COUNCIL AGENDA STATEMENT
A.
Item 'f6,..... 10
Meeting Date 41!Dm..... 'tll.ll9J
Public Hearing: Update of the Public Facilities Development
~pactFee ~
R'\O\.~
Ordinance ~r" adding Chapter 3.50 to the ~a Vista
Municipal Code relating to a Development ~pa~ to pay for
various public facilities within the City _o~~ Vista's General
Plan area boundary and superseding ~ance No. 2432 and
Ordinance No. 2320 ~~
~vO
Resolution '?t71t:1 appro~g the 1993 Update of the Public
Facilities Development ~pact Fee
ITEM TITLE:
t=::~/.2/)/1Y J:J
SUBMITTED BY: Special Projects Manager \'tJ
REVIEWED BY: City Manager f
(4/5ths Vote: Yes_No.1O
In August 1989, the City Council adopted the Public Facilities Development ~pact Fee (PFDIF),
which was later amended by ordinance in January 1991.
The PFDIF was established to fund those public facilities and equipment required to support
future development within the City's general planning area.' These public facility components
are the following:
.
.
.
.
.
Civic Center Expansion
Police Department Expansion
Corporation Yard Relocation
Libraries Expansion
Fire Suppression Systero Expansion
.
.
.
.
.
Geographic Information System Installation
Mainframe Computer Upgrade
Telephone System Upgrade
Records Management System Installation
PFDIF Administration
Staff is presenting the latest update of the PFDIF, after completing a comprehensive review of
the costs of the public facilities and PFDIF ordinance provisions. Included with the Council
packet is a copy of the 1993 Update Report.
RECOMMENDATION: That Council:
1. Adopt the ordinance adding Chapter 3.50 to the Municipal Code for the PFDIF thereby
superseding Ordinance Nos. 2432 and 2320;
2. Adopt the resolution approving the 1993 Update of the PFDIF, thereby a) maintaining the
current PFDIF of $2,150 per Equivalent Dwelling Unit for residential land uses and b)
I The Otay Ranch is not included in the current PFDIF. An impact fee for the facilities needed to serve the Otay
Ranch will be developed should the area annex to the City.
~
./0 -I
Page 2, ltem~
Meeting Date 4/20/93
decreasing the PFDIF for Commercial/Office and Industrial land uses by $1,290, from
$12,04O/gross acre to $lO,750/gross acre and c) decreasing the PFDIF for the Olympic
Training Center by $322, from $3,0 lO/gross acre to $2,688/gross acre and d) setting the
PFDIF for Special Land Use projects, such as utilities, at $10,750/gross acre and e)
setting the PFDIF for Special Purpose Projects at $6,450/gross acre; and
3. Direct staff to conduct updates of the Library Master Plan, Fire Station Master Plan and
Civic Center Master Plan when the development plans for Otay Ranch are more clearly
defmed and to prepare a PFDIF Capital Improvement Project (CIP) program through the
year 20lO.
BOARDS/COMMISSIONS RECOMMENDATION: Staff attended the December 1992
meeting of the Library Board of Trustees and the February and March 1993 meetings of the
Economic Development Commission to discuss the proposed update. The Commissions'
concerns and recommendations are discussed in the staff report. Attached to this report are the
minutes of these meetings.
DISCUSSION:
A. A FEE DECREASE IS RECOMMENDED
1. The Caoital Needs Identified in the PFDIF are Generally Based on Citvwide
Service Standards and Master Plans.
To establish the fee for residential land uses, cost estimates are derived for all
projects included in the PFDIF. Once new development's share of these costs is
determined, that total cost is divided by the remaining number of equivalent
dwelling units (EDUs) to be built, as determined by the City's General Plan or
specific project plans approved by Council. This procedure establishes the fee to
be charged per EDU. The fee for commercial/industrial land uses is set at 5 times
the fee for a residential dwelling unit, based upon the methodology established
within the report.
The cost estimates used in the Update Report reflect needs which, in many
instances, have been defmed in Council adopted service standards (e.g. .6 square
feet of library space per capita) and/or in master plans such as those developed for
the Civic Center, Corporation Yard and Fire Station network. Staff believes that
the Report's cost figures are accurate for the projects as they are currently
envisioned in these standards and master plans.
Using cost figures based on these currently envisioned plans would result in an
increase in the fee for residential land uses of $96, from $2,150 per EDU to
,,-Ii> . ,)
~-.:1-
Page 3, Item-'l.
Meeting Date 4/20/93
$2,246. The rate for commercial{mdustrial uses would, however, decrease by
$810, from $12,040 to $11,230. This decrease reflects changes in the value of
underlying variables used to translate commercia1{mdustrial acreage into equivalent
dwelling units. Based on updated data contained in the 1993 update, the
commerciallindustrial fee is set at 5 times the fee for residential land uses, as
compared to the current factor of 5.6. Based upon the currently envisioned master
. plans and corresponding cost estimates, the fee for the Olympic Training Center
would decrease by $202 for similar reasons.
While the cost estimates based on existing master plans would require a $96 fee
increase for residential land uses, staff is recommending that the fee for residential
land uses be maintained at the present level of $2,150. As discussed below, staff
believes that a further cost review of the civic center/parking expansion project is
warranted. Staff is also recommending that the fees associated with
commercial/industrial land uses and for the Olympic Training Center (OTC) be
further decreased beyond the amounts noted above. For commercia1{mdustrial
land uses, a decrease of $1,290/acre is recommended; for the OTC a decrease of
$322/acre is recommended.
2. The Civic CenterIParking Expansion Proiect Mav Change Because of Events
Anticipated in the Near Future.
In 1989, Council adopted the Civic Center Master Plan. This Plan details the
expansion in working and parking areas required to house the additional City staff
needed to serve new development. The cost calculations for the expansion are
based on the Council-adopted Plan. Of the various projects included in the
PFDIF, the Civic Center Expansion Project is the most susceptible to change due
to external events:
a) the possible annexation of the Otay Ranch may require significant
modifications to the Plan depending on how the demand for
additional employee space is to be met One possible outcome
could entail expansion at the current site in conjunction with
construction of a more centrally located annex building.
Conversely, all of the additional employees generated by the Otay
Ranch could possibly be accommodated at the current Civic Center
site under a reconfigured plan. Such alternatives could generate
economies of scale and thereby reduce the cost per equivalent
dwelling unit.
b) trip reduction plans, presently being developed to reduce
automobile emissions, could impact the ratio of parking spaces per
employee that is currently envisioned in the Plan.
Given these contingencies, staff is recommending that the fee for the Civic Center
Expansion Project be retained at its current level to reflect possible cost reductions
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Page 4, Item J"
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stemming from such near term events. As shown in the table below . the
recommended fee adjustment will allow for appropriate adjustments to be made
to the other facility components and will keep the fee for residential units at the
present level:
BREAKDOWN OF RESIDENTIAL FEE BY COMPONENT
Component Amount
Civic Center Expansion $527/EDU
Police Department Expansion and Improvements $235/EDU
Corporation Yard Relocation $515/EDU
Library System Expansion $S44/EDU
FIre Suppression System Expansion $141/EDU
Geographic Information System Development $49/EDU
Mainframe Computer System Expansion $23/EDU
Telephone System Upgrade $32/EDU
Records Management System Development $5/EDU
DIF Administration (4.05%) $79/EDU
TOTAL $2,150
It is further recommended that the fee for commercial/office and industrial acreage
be decreased correspondingly by $1,290/acre and the fee for the Olympic Training
Center be decreased by $3221acre:
Land Use Fee
Residential $2,150/dwelling unit
Commercial/Office $IO,750/acre
Industrial $IO,750/acre
Olympic Training Center $2,688/acre
Special Land Use $IO,750/acre
.
Special Purpose Project $6,450/acre
Public Purpose Exempt
Non-profit Community Exempt
Purpose Facility
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Page 5, Item I"
Meeting Date 4/20/93
A discussion of the proposed fees for Special Land Use and Special Purpose projects is
found in Section D of this report.
The next update of the Public Facilities Impact Fee is scheduled for 1995, which should
provide sufficient time for staff to review the Civic Center Master Plan. If, at that time,
it is determined that any adjustments to the current Master Plan will not significantly
affect unit costs, the corresponding fee will need to be adjusted upwards. Based upon
current cost calculations and estimates of the remaining EDUs as derived from the
Planning Department's development forecasts, such an adjustment would result in a 1995
fee increase for the Civic Center component of $107, based on 1993 dollars.
It is important to briefly note that the needs for other capital projects currently included
within the PFDIF are not as likely to be impacted by events such as the possible
annexation of the Otay Ranch area. For example, while the annexation would increase
the number of fire stations needed, it would not impact the number of fire stations needed
to serve the non-Otay Ranch area. (The location of these stations could, however, be
impacted and will be reviewed during the Fire Station Master Plan Update.)
It is important to emphasize that staff does have concerns about adjusting the Civic
Center Expansion component of the fee on the basis of Dotential impacts rather than hard
facts. Staff's meetings with developers and the Construction Industry Federation have
yielded general agreement that the costs for the projeCts as currently envisioned are
accurate and reasonable. Moreover, there is no assurance that the unit costs for the Civic
Center Expansion Project, as envisioned in the current Master Plan, will be reduced by
these coming events. As such, there is a reasonable possibility that at the next scheduled
fee update (1995), staff could be proposing a $107 fee increase for the Civic Center
Expansion component alone, in addition to possible increases for other components
necessary to maintain pace with construction costs (ERC Index) or general inflation.
There is, of course, no way of knowing how the construction industry will be faring two
years hence. Staff is concerned that if smaller increases are delayed now, the cumulative
cost increases spread over a decreasing number of dwelling units could become too large
to enact in future years. Failure to enact the appropriate impact fee could, in turn, create
significant fund shortages, prohibiting the construction of needed facilities unless City
subsidies are provided.
Given these concerns, staff is still recommending that the fee component for the Civic
Center Expansion Project be adjusted downward, until project needs can be reassessed.
Once that reassessment occurs, however, it is imperative that fees be enacted which will
cover the actual costs of the project
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Page 6, Item 1(,
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B. THE CITY SHARE OF COSTS
1. Preexisting deficiencies are the tlrincitlal reason for a City share in the cost of
facilities and eouitlment.
There are three general factors which result in a City share of facility or
equipment costs. These are:
. A tlreexisting City deficiencv which must be corrected. Generally, the size
and/or number of facilities needed is based on a citywide service standard.
For example, the need for libraries is based on a citywide standard of .6
square feet per capita. H the standard is higher than what the City attained
prior to development, then the City is obligated under the Government
Code to correct the "deficiency" in its preexisting level of service. Since
the City was below the .6 square feet per-capita standard in the baseline
year, the City must construct sufficient new library square footage to bring
its preexisting level up to the current standard. For libraries, the
preexisting deficiency will be corrected when the new Montgomery-Otay
library is built.
Preexisting deficiencies account for more than half of the City's share of
costs.
. A new we of facility or eouitlment which will iointlv benefit both the
preexisting City and new development. An example of a joint benefit
project is the mobile digital terminals planned for use in police patrol cars.
This equipment will enhance patrol services in both the new and old areas
of the City. As such, costs for this project are shared on the basis of
proportionate benefit rates in the proportion of new to old EDUs served.
Another example of a joint benefit project is the geographic information
system (GIS). On one level, the increasing volume of data generated by
growth demands that the City develop more efficient planning and
engineering processes. Conversely, even if growth did not occur, cities are
availing themselves of the new technology provided by GIS. As such, the
GIS project has a joint CitylDIF share, as detailed in the Council adopted
Capital Improvement Project budget.
. Expansion of a tlreexisting piece of eauipment. An example of this type
of project is the replacement of the City's mainframe computer. This new
system was needed due to technological obsolescence of the old
equipment. New development's share of the replacement cost is limited
to the cost of the additional memory, storage space and associated items
needed to serve the growing City.
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Page 7, ItemJL
Meeting Date 4/20/93
2. Most of the City share of costs will be funded bv non-General Fund sources.
New development's share of project costs included in the PFDIF totals
$50,75],700. The City cost share for these projects totals $2],28],3]7. The Tab]e
below shows the fund sources for the City share. Important points to note about
the table are:
. Only a small portion of the funds identified are from the City's General
Fund. The $1,386,800 in General Fund Capital Outlay was principally
used to fmance the City share for the police building remodel.
. The City share of funding for the Montgomery-Otay library totals
$9,863,742. A significant portion of the City share ($6,748,000) will be
fmanced by a State grant
. Approximately 46% of the total City share is for the Montgomery/Otay
Library ($9,864,000). An additional 8% percent or $1,772,000 represents
Transit's share of the new corporation yard.
. Several projects with significant City shares have already been
appropriated and expended. They include approximately $1,207,000 for
the replacement of the City's mainframe computer and installation of the
new Library automation system, and $1,053,000 for the City's share of the
Police station remodel.
. The City's share of the GIS project will come solely from non-General
Fund sources. The City's share of the Corporation Yard, to correct
preexisting deficiencies, will be funded from the proceeds of the sale of
the existing site.
. Lastly, preexisting deficiencies in Civic Center working and parking space
add $2,400,000 to the City share. The proposed review of the Civic
Center Master Plan could reduce the size of the City share in conjunction
with producing a lower DIF share per EDU.
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Page 8, Item~
Meeting Date 4/20/93
1. Stale Grant (MontgomerylO!ay $ 6,748,000
Library)
2. CDBG 2,731,200
3. SCOOT Capital Outlay Fund 1,771,500
4. General Fund Capital Outlay 1,386,800
S. ReI' 1,257,000
6. Special Sewer FundI 699,600
7. Revenue Sharing 112,900
8. California Stale library Act 94,200
Capital Project Fund
9. Special Capital Outlay Fund 42,900
10. Gas Tax 40,500
11. Redevelopment Agency 30,000
SUB TOT AL $ 14,914,600
12. City PfDlF reimbunlemenl/credits 2,190,700'
13. Sale of existing City land assets 1,327,700
SUBTOTAL $ 18,433,000
14. Currentl y Unidentified 2,848,317
TOTAL $ 21,281,317
I Contains funds from sale of excess sewer capacity,
purchased by City in 1962, to other cities.
2 These funds are currently allocated in City's ClF
budget
, May include reimbursement for City advances of
PfDIF costs (e.g. for the police building remodel) and
credits for in-kind City contributions.
C. PFDIF REPORT HIGHLIGHTS
1. The Joint City-School District Library at Eastiake Reduced the PFDIF bv $127.
As part of the originally planned library system, a separate facility was to be
constructed in Eastiake. This facility has been replaced by a joint City-School
District library which will serve the community on an experimental basis. In
addition to providing operating cost savings, the joint use facility has eliminated
the capital costs of constructing a separate library. Without this collaborative
effort, fees per EDU would have been $127 higher.
2. The Police Building RemodellExoansion Has Been Comoleted.
The remodel of the police building was completed in 1992, at a cost $3,510,769.
70% of the project cost ($2,457,538) was the PFDIF share. The limited
availability of funds in the police component of the PFDIF required that the
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Page 9, Item~
Meeting Date 4/20/93
project be fmanced by interest bearing loans from other City funds.
Recommended changes to the structure of the PFDIF will help ameliorate
cashflow problems for some PFDIF projects. These changes are discussed in
more detail in Section D of the report
3. A Sixth City Fire Station is bein!! Ot>ened and a New Fire Trainin!! Tower has
been Constructed.
Eastlake Development Company is advancing approximately $227,000 in impact
fees to provide a temporary, modular fire station building and truckport to serve
the Eastlake I and surrounding areas. When plans for the Otay Ranch are more
clearly defmed, staff will determine an optimum site for the station within the
context of an overall network. The developer is also advancing approximately
$312,000 in fees to purchase a fire pumper and related equipment for the station.
This equipment will be transferred to the permanent station site.
McMillin Communities has completed construction of a new fue training facility
in the Rancho del Rey development. This facility is state-of-the-art in both
function and design. A fue training classroom is planned as an adjunct to the
future fire station to be built in the Rancho del Rey development
A new radio rc:ay station is planned for construction in the next year which will
improve police and fue communications"throughout the eastern area of the City.
D. PFDIF ORDINANCE REVISIONS
1. Recommended Chan!!es an~ Additions
It is recommended that the two existing ordinances covering the PFDIF be
superseded by a new ordinance which adds a new chapter to the City Code
thereby incorporating the PFDIF. This change was recommended by the City
Attorney.'
A major ordinance change concerns the proposed merging of the various fee
components into a single fund, similar in concept to the current Transportation
Development Impact Fee.
Under the current ordinance, separate fee components are collected for the
different facilities and placed in separate accounts. Funds from one component
cannot be used to fmance projects in another component, regardless of the need
for or timing of the various projects. As such, thePFDlF share of the police
building remodel could only be fmanced by interest bearing loans from other City
funds, irrespective of the overall availability of PFDlF funds.
Under the proposed new ordinance, fees collected after the effective date of the
new ordinance would be consolidated in a single fund rather than separate facility
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Page 10, Item / "
Meeting Date 4/20/93
accounts, which would help to accommodate the financing of PFDIF projects
without the necessity of seeking loans from other City funds. Moreover,
consolidation, by enabling the City to accelerate developer credits, would improve
the City's ability to negotiate with developers for up-front financing or
construction of projects. Fees collected prior to the effective date of the ordinance
would remain in separate facility accounts, per the recommendation of the City
Attorney.
Lastly, it is important to emphasize that the additional flexibility obtained by
consolidating the fee components into a single fund will principally help the
fmancing of smaller projects. Very large scale projects, such as the corporation
yard relocation or the civic center expansion, will continue to require non-PFDIF
fmancing mechanisms, such as developers advances, loans from other City funds,
or developer coalitions, if they are to be built in a timely manner.
The benefits of providing access to all PFDIF funds as project needs dictate were
discussed with developers and the CIF at the public meeting. No objections were
raised to such an approach.
Other significant amendments to the ordinance are outlined below:
. Changing the calculation of fees from the building permit application stage
to the building permit issuance stage, since there can be a long lag time
from application to issuance.
. Allowing developers who construct or fund a portion of or all of one of
the PFDIF facilities to be paid interest from the PFDIF on any portion of
the cost that exceeds the Developer's fair share (amount owed).
. Changing the developer credit calculation from an EDU or gross acre basis
to an aggregate dollar basis so that a developer will receive a dollar-for-
dollar credit against the dollar amount of the deferred fee, to account for
future revisions to the dollar amount of the fee. (Deferrals may be allowed
if the developer constructs all or a portion of a public facility).
. Better defining who is subject to payment of the PFDIF (see below for
further explanation) and adding additional land use categories.
. Memorializing the current practice of allowing for occasional loans of City
funds to pay for PFDIF projects and the repaying of these loans with
interest .
. Modifying the defmition of community purpose facilities.
A section was added to the ordinance to specify which types of development
projects would be subject to the PFDIF. The current ordinance states that
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Page 11, Item I"
Meeting Date 4/20/93
development projects, as defined by the State Government Code, are subject to the
PFDIF. However, as defined by the State Code, a development project could be
something as small as a room addition on a house or any kind of alteration to a
building. While these types of projects have .!lQ1 been charged a PFDIF by the
City, it was felt that the ordinance should reflect this practice and list other types
of projects that would be exempt and clearly state which would be eligible.
Additional land use categories have been added for those projects that do not fall
into the current categories of "Residential", "ConunerciaVOffice", and "Industrial".
The category of "Special Land Use" has been added to account for any non-
residential, non-commerciaVofflceflDdustrial project, such as the Olympic Training
Center, hospitals and utilities. The category of "Special Purpose" has been added
to defIne any for-profit community purpose facility, such as a for-profIt day care
center.
As detailed in the ordinance, commercial, industrial or residential projects on
currently developed sites are subject to the fee ONLY if the project results in a
net increase in EDUs. For example, a project converting an existing single family
dwelling unit into a multi-family complex would increase the number of EDUs
and be subject to the fee; conversely, an expansion of a commercial business
which occurred on its current site or on a neighboring, developed commercial site
would not result in an increase in EDUs and hence would NOT be subject to the
fee.
The appropriate fee for Special Land Use projects shall be that of
commerciaVoffice/industrial projects, or $IO,750/acre. However, the fee for
Special Purpose projects, such as for-profIt day care centers, shall be $6,450/acre.
At present, for-profit day care centers are assessed a PFDIF based on a certain
number of auto trips/child, which results in a factor of $179.17/child (non-profit
centers are exempt from the fee). Using the methodology established within the
PFDIF report, the fee of $6,450/acre is recommended for this type of project and
all other Special Purpose projects. The proposed fee should result in a significant
fee reduction for the centers.
This ordinance will take effect 60 days from its second reading.
2. Current Exemptions to the PFDIF have been retained
Under the current ordinance, Public Purpose Projects, such as those undertaken by
public agencies, and non-profIt community purpose facilities, such as churches,
non-profIt day care centers, non-profIt private schools, various social service
agencies and all public schools are exempt These exemptions have been retained
in the proposed ordinance, given the unlikelihood of a challenge.
This retention of the exemptions on churches, however, is not an endorsement of
this policy by the City Attorney, but is merely a reflection of current ordinance
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Page 12, Item J (,
Meeting Date 4/20/93
language and current practice. (A separate letter from the City Attorney dealing
with this issue will be forthcoming.)
E. PFDIF UPDATE PROCESS
Shortly after the PFDIF was established in 1989, the firm of Willdan Associates, Inc. was
retained to refme the in-house study which had been used to establish the initial fee. The
fInn was retained to verify population data, review City standards for public facilities,
refme facility cost estimates and review and refme the methodology used to apportion
facility costs. Willdan's analysis fonned the basis for the 1991 fee update. Willdan was
used for this latest update to compile the data prepared by staff, and provide consultation.
Future updates of the PFDIF will be prepared by staff, with minimal, if any, support of
a consultant.
1. Input from Maior Developers/Construction Industry Federal (ClF) Input
Staff invited the major developers in Chula Vista and the CIF to a meeting on
January 27, 1993 to obtain preliminary feedback on a draft PFDIF report. A
follow-up meeting was held with a developer representative to address various
issues in more detail, resulting in cost adjustments for several projects.
While the developers and CIF representative were in general concurrence with the
underlying analyses and the justification for the proposed fee changes, most
expressed concern about the timing of any fee increase during an economic
downturn. The ClF representative stated that holding off on any fee increase for
one year was supportable. Concern was also expressed about the impact of the
aggregate increase in fees on the development community. They requested that:
. Council consider any increases in the PFDIF within the context of other
fee changes being contemplated by the City (particularly, the new impact
fee which will be proposed for construction of SR-125); and
. Council consider the alternatives of deferring or phasing-in any proposed
fee increase.
As recommended by staff, the PFDIF for residential land uses will remain at the
present level; the fee for commerciaVmdustrial land uses and for the Olympic
Training Center will be decreased. .
2. Input from City Commissions
Staff attended the February and March meetings of the Economic Development
Commission (EDC) to receive input on the preliminary draft report. The EDC
echoed the sentiments of the development community in also expressing concern
regarding the timing of any fee increase during a recession. Another area of
concern was the general impact of fees on the affordability of housing. Minutes
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Page 13, Ium--'iL.
Meeting Date 4/20/93
from these meetings as well as staff's follow-up memo addressing the issues
raised are attached.
Staff also made an informational presentation on the Library component of the
PFDIF to the Library Board of Trustees at its December 1992 meeting. The
Board and staff agreed that an update of the Library Master Plan was needed once
plans for the Otay Ranch project area were more clearly defined. The Board also
understood that the Library component of the DIF took into account the reduced
cost for the joint EastJake High School/City library pilot program and that the cost
would increase should a decision be made to have a separate City library in
EastJake in the future.
In addition to holding meetings with the major developers and making
presentations to the EDC and Library Board of Trustees, notices were mailed to
all affected businesses and individuals with building plans or parcel maps in
process or building permit applications on file.
F. UPDATING MASTER PLANS
Should the Otay Ranch annex to the City, the optimum location of both Otay Ranch and
non-Otay Ranch facilities need to be considered as a whole. For example, until
development plans for the Otay Ranch are clarified, the most optimal fire station network
cannot be determined. Pending such data, the new, sixth City fire station is being
operated from a temporary facility. Once plans for the Otay Ranch are determined, a
permanent site for the new fire station will be decided.
,
Similarly, the Library Master Plan needs to be reassessed from a joint Otay Ranch/non-
Otay Ranch perspective. An updated Library Master Plan should (1) refine the planned
library network to best serve the entire City; (2) establish target dates for the construction
and operation of new facilities; and (3) identify intermediate funding needs and sources
in order to mitigate possible cash flow shortfalls in the PFDIF fund.
Additionally, it is recommended that staff prepare a CIP budget through the year 2010 for
all PFDIF projects.
FISCAL IMPACT: There will be no net increase in the PFDIF if Council accepts the staff
recommendation. The fee for residential land uses will remain at $2,150/EDU; the fee for
commercial/office/industrial land uses will decrease from $12,040/acre to $lO,750/acre; the fee
for the OTC will decrease from 3,010/acre to $2,688/acre. A fee for Special Land Use projects
shall be set at $10,750/acre. A fee for Special Purpose projects, such as for-oroflt day care
centers, would be set at $6,450/acre. As previously discussed in Section D, the proposed fee for
for-profit day care centers should result in a significant fee reduction for these centers.
WPC F~\wpc\787.93
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February 18, 1993
TO:
Economic Development Commission
FROM:
Marty Chase, Special Projects Manager
RE:
Public Facility Development Impact Fees: 1993 Update
Staff has completed a review of the City's Public Facilities Development Impact Fee
(PFDIF). On February 3rd staff provided a summary of the proposed PFDIF changes to the
Economic Development Commission. This follow-up memo responds in more detail to
questions posed by Commission members at the earlier meeting. Two copies of the draft
report have been provided for the Commission's review.
WHY CHANGE FEES NOW?
It has been two years since the costs of facilities included in the PFDIF were reviewed and
new development's appropriate share of these costs was determined. During that
intervening period, sufficient changes have occurred to necessitate a full review of these
fees. First, Eastlake Development Company agreed to construct an interim fire station to
serve the Eastlake-I and surrounding areas. In order for Eastlake to receive a credit for
these expenditures against future fees, this project had to be formally incorporated into the
PFDIF. Secondly, a variety of other changes, often quite major, had occurred in all other
areas of the PFDIF. It's important to understand that the PFDIF analysis is very complex.
Given the array of changes, staff did not know whether the impact fee would go up or go
down when the review began in January, 1992. Indeed, as discussed below, the analysis
indicated that one portion of the fee needs to.be raised while two other charges need to
be decreased.
Once the analysis is completed, it is staffs function to report the findings to the City
Council. The decision as to whether the fees should be changed at this time is a policy
decision which rests with the Council.
FEE REVIEW: SUMMARY OF FINDINGS
The findings, as outlined in the draft report are the following:
b Fees on residential units should be increased bv $115.
Based on the recent analysis, the fee on residential units needs to be increased from
$2,150 per dwelling unit to $2,265, representing an increase of $115 or 5.3% The
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increase covers a span of nearly 4 years (March, 1991 when the fees were last
updated through December, 1994 when it's anticipated that the fees will be updated
again). The increase represents an annualized, average increase of slightly less than
1.5%.
2. Fees on commercial and industrial propertY should be decreased bv $715.
As detailed in the report, the accepted method for spreading fees to non-residential
development involves the relationship of residential populations to employee/visitor
populations. Based on these relationships, the updated analysis indicates that the
fee charged for commercial/industrial acreage needs to be reduced. In the proposed
fee revision, the current fee of $12,040 per commercial/industrial acre would
decrease by $715 (to $1l,325/acre), a decline of 5.9%.
Also, the fee imposed on the Olympic Training Center would be reduced from
$3,010/acre to $2,831/acre, a decrease of $169 per acre or 5.6%.
MEETING WITH MAJOR DEVELOPERS
In early February, staff met with major developers and a representative from the
Construction Industry Federation to obtain preliminary feedback on the draft report. Based
on that initial meeting and follow-up discussions, staff will be modifying the proposed fee
changes as follows:
the proposed fee increase on residential units will be $89 rather than the
$115 figure cited in the current draft.
the proposed decrease for commercial/industrial acreage will be $845/acre
rather than the $715/acre figure cited in the draft report.
the proposed decrease for the Olympic Training Center will be $21l/acre
rather than the $169/acre figure cited in the draft report.
Other developer comments on the draft report are cited in a subsequent section of this
report.
BACKGROUND OF THE PFDIF
L General Fund revenues support operatin~ costs not capital costs.
In evaluating a proposed development, two separate financial studies are conducted.
First, a fiscal impact analysis examines the impact of the development on the City's
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general operating budget. The analysis forecasts the general fund operating
expenses needed to serve the proposed development and compares these costs to the
general fund revenues (property taxes, sales taxes, etc) which will be generated by
the project. Since the fiscal impact analysis focuses on operating expenses, it does
NOT take into account any of the capital costs associated with a development.
A project's start-up capital costs are assessed in a second financial study called the
public facilities financing plan. This plan details the capital impacts of the proposed
development and identifies the non-l!:eneral fund methods for financing these capital
projects. Some of the capital projects, such as residential streets, traffic signals, and
sewer lines, cover projects internal to the development. These are generally
financed directly by the developer. In some cases, these internal projects are
financed through assessment districts. Development also creates the need for capital
projects external to the development. A fire station, for example, is the result of the
cumulative impacts of various developments. Similarly, the needlo expand the civic
center to serve a growing population is cumulatively impacted by all new
development. Development impact fees are the primary source of funds for external
capital projects which are impacted by development on a citywide basis.
2. The PFDIF covers 9 maior facility components.
Section 66000 of the Government Code enables cities to institute impact fees to
provide for the new or expanded public facilities necessitated by development. In
1989 City staff met with developers and representatives of the Construction Industry
Federation to determine the citywide capital projects or facilities which will be
needed to serve new development through the year 2010. Nine major facilities and
projects were identified and agreed upon by developers and the Council and are
included as components of the PFDIF. These nine components are:
Expansion of the civic center
Expansion and relocation of the corporation yard
Expansion of the police facility
Expansion of the library system
Expansion of the fire station network
Development of a geographic information system
Expansion of the mainframe computer system
Expansion of the telephone system
Development of a records management system
..b The costs of upP'ading these facilities and eouipment are shared bv the City and
new development.
Once these nine facilities/projects were approved, the capital needs were determined
and project costs were estimated. These needs and costs are evaluated each time
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the PFDIF is reviewed by staff and developers. For the major project components,
such as the expansion of the civic center, the relocation of the corporation yard, the
expansion of the library system, or the expansion of the fire station network, the
capital needs and cost estimates are based on master plans which have been adopted
by Council. The capital needs and costs associated with the minor components,
such as development of a records management system, are generally based on data
contained in the City's capital improvement project budget, which is developed by
staff and approved annually by the Council.
Once project costs are estimated, City staff and developers determine the
appropriate share to be borne by new development. Of the nine project components
currently contained in the PFDIF, each include a City share of the costs.
The City's cost share generally reflects (a) a pre-existing City deficiency which the
City must correct in accordance with the terms of the Government Code or (b) a
project which provides joint benefits to new development and the pre-existing City.
For example, the City had a pre-existing deficiency in library square footage since
it was below the citywide standard established by Council (.6 square feet of library
space per-capita). This pre-existing deficiency will be corrected when the planned
Montgomery/Otay library becomes operational. Examples of projects with joint
benefits include the geographic information system. On one level, the increasing
volume of data generated by growth demands that the City develop more efficient
planning and engineering processes. Conversely, even if growth did not occur, cities
do avail themselves of new technology as provided, by geographic information
systems (GIS). As such, GIS development was viewed as a joint benefit project.
Based on the accepted methodology for determining financing shares for these types
of joint benefit projects, 64.5% of the cost is being funded by the City. The
remaining 34.5% of the project cost is the share being funded by the PFDIF.
TIlE RELOCATION OF TIlE CORPORATION YARD
This project is discussed in more detail since numerous questions were asked about it
during the information session provided to the Commission on February 3, 1993.
L The need for an expanded. more centrallv located vard is lZenerated bv new
development.
The need to expand and relocate the corporation yard is a direct function of the
demands generated by development. First, there is the need to expand the facility
to accommodate the new equipment and staff which are needed to provide service
to new areas. (Once again, it is important to emphasize that funds collected
through impact fees are only used for such things as public facilities and start-up
equipment and are NOT used to support operating costs.) Secondly, there is the
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need to relocate the yard to a more central location, in order to minimize on-going
operating costs (e.g. travel times) as the City expands to the east, due to new
development.
2. City and Transit fundin2: for the new vard totals over $3.000.000.
The corporation yard project has both a PFDIF and City cost share. The City's share
reflects the need to correct pre-existing deficiencies and is estimated at $1,328,000.
An additional $1,771,000 of the project's cost will be financed by the City's transit
system.
3. The resale of the current site will be used to help finance both the PFDIF and City
shares.
Upon the sale of the existing site, a portion of the resale value will be used to
reduce the PFDIF share. Based on a formula discussed with developers and adopted
by the Council in the last update, $656,000 from the resale (in 1992 dollars) will
be added to offset PFDIF costs. The remaining funds from the sale of the site will
be used to pay for the City's share of costs on PFDIF projects. It's important to note
that prior to resale the City must invest additional funds to clean up hazardous
wastes on-site. To date, the City has spent approximately $463,000 on clean-up
activities which are still not completed.
4. The City attempted to build a ioint use facility with the school district.
Beginning in 1988, the City attempted to" negotiate an agreement with the
Sweetwater Union High School District to build and operate a joint-use corporation
yard. Those discussions ended when the district was unable to commit funds to the
project. The City, needing to pursue its own needs, is currently negotiating for an
approximate 30 acre site east of Interstate-80S. A 30 acre site would meet the
City's build-out requirements and also provide some reserve acreage which could be
used by another public entity. The cost of this reserve acreage is a City expense, in
addition to the $1,300,000 City share mentioned earlier.
Although the concept of a joint-use corporation yard has not materialized, it's
important to emphasize that staff is continuously looking for ways to improve city
operations and to keep impact fees as low as possible. For example, the City and
the School District have recently agreed to operate a joint library facility in Eastlake
on an experimental basis. Based on this agreement, staff were able to reduce the
impact fee for the library component of the PFDIF by $146. This reduction is
reflected in the proposed fee revision.
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IMPACf OF PUBUC FACIUTY IMPACf FEES ON HOUSING COSTS
At the February meeting, a Commission member inquired about the impact of fees on
housing costs, particularly "affordable" housing. As mentioned at the meeting, there is no
definitive information on this point. General theories hold that the impact of fees on home
prices depends largely on the competitiveness of the housing market and on who pays the
fee. Some fees, such as assessments for open space maintenance or Mello Roos charges for
schools, are levied directly on the homeowner. As a general guideline, the City Council's
policy is that the sum of these direct taxes/assessments should not exceed 2% of the
market value of the home. The 2% cap includes the basic 1 % ad-valorem property tax.
To the extent that these homeowner taxes/assessments affect housing prices, they tend to
exert downward pressure. Depending on the competitiveness of the surrounding housing
market, builders are sometimes forced to discount housing Fices to offset some of the
taxes/assessments above the standard 1 % level.
A second type of cost is paid directly by the builder at the time of construction.
Development impact fees are an example of this type of charge. To the extent that housing
prices are established by a competitive market, general theories hold that builders will not
(cannot) increase the selling price to offset these added costs. As such, these fees tend to
reduce profit margins. The theory indicates that builders will continue to build until their
return on investment drops below their threshold level.
It's important to also mention a couple of the ways in which the City provides direct or
indirect financial assistance to developers. First, the City will often grant density bonuses
to developers as offsets for meeting affordable housing goals, thereby improving the overall
profitability of a project. Second, and possibly most significant, the City provides
developers with access to low interest, municipal market financing to build various project
infrastructure, thereby keeping construction costs down.
SCHEDULE FOR FEE UPDATE
Staff has had a preliminary meeting with the City's major developers and a representative
from the Construction Industry Federation (CIF). While the developers and CIF
representative were in general concurrence with the underlying analyses and the
justification for the proposed fee changes, they requested that: .
Council review the PFDIF within the context of other fee changes being
contemplated by the City (particularly, the new impact fee which will be
proposed for construction of SR 125); and
Council consider the alternatives of deferring or phasing-in the. proposed fee
increase. As explained at the last meeting, it is staffs role to keep the
Council abreast of the fees required to fully fund the capital improvements.
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Council does, however, have the discretion of deferring or phasing-in a fee
increase and staff will present Council members with alternative fee
proposals should they want to avail themselves of this option. As discussed
at the February meeting, fee deferrals or phase-ins do have some negative
consequences which Council must consider. These consequences range from
the higher fees which would be passed on to future builders in order to make
up for the funding deficiency created by a deferral or the possibility that the
City might itself be obligated to fund the shortfall created by a fee waiver or
phase-in.
It is staffs current plan to announce a public hearing on the changes to the PFDIF on
March 10th and conduct the public hearing on March 23rd. Staff will be available at the
Commission's March meeting to answer any questions. Staff will relay to Council in the
Council report any concerns expressed by the Commission or individual Commission
members. Should the Commission desire to forward a separate report to Council, this
report will be referenced and attached along with staffs report.
As previously noted, staff will be available at the Commission's March meeting to respond
to questions. Also, Commission members should feel free to contact myself or Shauna
Stokes at 691-5296 prior to, or after that meeting, should you have any questions or
comments.
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MINUTES
ECONOMIC DEVELOPMENT COMMISSION
CITY OF CHULA VISTA, CALIFORNIA
DRAFT
Wednesday, March 3, 1993
12:00 Noon
Conference Rooms 2&3
Public Services Building
CALL TO ORDER/ROLL CALL
PRESENT:
Chair AlIen; Members Compton, Davis, Lopez, Peter, Johnson, Tuchscher, LoBue; ex-officio
Patrick, Sellgren, Clark, Moore
ABSENT:
Member Maslak, ex-officio Sutherland, Fuller
STAFF:
Deputy City Manager Krempl, Finance Director Christopher, Assistant Director of Building &
Housing Remp, Deputy Director of Public Works/City Engineer Swanson, Senior Civil Engineer
Thomas, Special Projects Manager Chase, Administrative Analyst II Young, Principal
Management Assistant Stokes, Revenue Manager Fruchter, Public Information Coordinator
Gulbransen, Budget Manager Herring, Principal Management Assistant Cole, Economic
Development Manager Dye, Recording Secretary Bosworth
I. OLD BUSINESS
A. Staff Presentations on DIF Update
I. Public Facilities DIF
2. Transportation DIF
3. Interim State Route 125 Facility
After staff introductions, Mr. Chase recapped his preseniation from last month's meeting' and updated the EDC on
where they were at now. He noted they are constantly meeting with major City developers. The proposed fee
increase is between $89 and $94 for residential units. They are also proposing an increase in fees (around $800)
that is charged through commercial and industrial acreage. Council does not seem to be concerned with the public
facilities increase as much as in the increases as a whole, some of which are very extensive. Staff will be going
before Council with the Master Fee increases, impact fees and State Route 125 fees at the same time. Council will
be provided with two alternatives the Olympic Council could consider: a phase-in, or a deferral to the fee increases.
Some legal questions need to be resolved in terms of the City's liability. Mr. Chase asked if the Commission had
any questions.
Chair Allen asked when it was anticipated that the Public Facility DIF and Transportatinn DIF would go to Council.
Mr. Chase responded that it would most likely be sometime in April.
In response to Member Compton's question regarding placing a moratorium on certain things that have to be done,
Councilman Moore responded that certain things are required by thresholds that are also in the Charter. His
concern Was that they are looking at price increases other than fees such as building material increases and other
factors. This affects the economy in that we cannot house people, they cannot afford to buy; this affects the
businesses in the area.
Mr. Chase responded that the items that the City currently has fees on have been the subject of agreements over
the years between major developers and the City Council. There is a potential in one area where Council would
like to consider new City directions in terms of air pollution requirements which might reduce the necessity to
increase fees in a particular area. Staff has been meeting with developers on these increases.
Member LoBue asked if there was an established system (timeframej by which these fees are reevaluated; or is it
just on an ad hoc basis - when conditions change. Mr. Chase responded that if there are changes that may have
impacts, they want to go ahead and do that. In this case, one of the developers is spending money on improvements
that were not considered in the first Public Facilities DIF that was put together. When Otay Ranch came iri and
staff needed to step back and look at what was happening regardless of whether or not this Was in the County. Fire
facilities were too expensive to operate to not iake into account where someone else Was planning to build a station.
The City's objective was to look at what the most cost effective way was of delivering fire services regardless of
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jurisdiction. The plan for Otay Ranch is not factored into these fees. At this point, Otay Ranch is suggesting to
annex a portion of their property to the City and that a separate Otay Ranch be established.
Mr. Thomas presented his report on the Transportation DIF and SR-l25 (see Attachment 1A 3., herein incorporated
as part of these minutes) and responded to questions from Commission members.
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Mr. Thomas noted that the goal of the Transportation Phasing Plan is to plan for short, medium and long-range
goals. The TDIF is designed to spread the costs of the facilities. They are recommending that a community
facilities district be placed over the undeveloped land and property here and that community facilities district would
not have any taxes imposed unless there was a short-fall in funding from fee revenues. For this 10 happen,
development would have to drop off by about 1/3 of what is projected now. Financing options are based on a
straight fee based on the trips generated. The formula is the same as used in the TDIF.
In answer to questions regarding OrangelI-805/Palomar and Broadway, Mr. Swanson stated that they are addressing
those areas as separate issues, and they are working on western area DIFs specifically for things like this. It is
complicated because most of the property is already built out and they can't project what may come in.
If this interim facility is built and approval for a toll road comes forward, then this potential will probably be
destroyed. The portions that would have to be destroyed are those that are physically located within the rights-of-
way of SR-125.
Member Tuchscher expressed his concern with the exorbitant fees. He noted that a study done through his company
found that in 1988, the average fees in the County were $5,000 per unit. Now they average upwards of $25,000
per unit. He felt the allocation should be structured differently.
Member LoBue noted his concern with the amount of lanes proposed. He asked if the installation of this would
become a "pennanent interim solution" and have the state lose the incentive to put in a ten lane freeway. He asked
if this interim solution goes in and a state and toll road never come about, when you reach capacity is there a cap
on development. Mr. Thomas responded that this process will carry the City to the year 2007. This gives the City
ample time to apply to CalTrans and have them see the need for this facility. CaITrans has recognized already that
this is a needed facility but they have not been able to get through the enviroiunental process and have no funding
for it. If capacity is reached, development is stopped until CaITrans comes in with a freeway, or developers who
don't have entitlements would have to come up with the money to upgrade the facility to a freeway.
In response to Member Davis' question regarding what happens to money that has been collected if the toll road
comes about, Mr. Thomas responded that the fee collection is proposed to go over the entire expansion to 2007.
The City should know by 1995 or 1996 which route will be selected. At this point, the City will not have collected
a great deal of funds. Many of the facilities that the City 'is constructing with these funds are facilities that are in
the General Plan; surface roads. The funds would be applied to those roads; the fees would be reduced unless other
facilities were identified that would cause those fees to remain at that level.
Because of time constraints, Member Tuchscher asked that staff go on to the next report on the Transportation DIF.
As to the transportation DIF, Mr. Thomas explained that the biggest change would be the addition of Villages I
and 5 of the Otay Ranch. The Otay Ranch process is nearly completed and the City seems to have a good
. knowledge of what is occurring in the western portion of Otay Ranch and staff has made assumptions based on that,
which have been included in the proposed DIF updste. Kaiser, the Rancho del Rey Power Center, trips per day
and the "EastLake-Baldwin Land Swap" have been included. Proposed is a 2 % DIF support, a program designed
to compensate the City for the studies staff does 10 identify what updstes need to occur on the DIF. These deal with
transportation, traffic monitoring, and growth management programs. They feel the DIF needs 10 be more at4%.
Mr. Thomas concluded his presentation noting that future updates include the Otay Ranch process and carving that
out as a separate DIF. Developers have requested they include components of funding in the Transportation DIF
from the state and local agency transportation partnership programs. This could potentiaIly reduce the fees by 10
or 15%. The current DIF fee is $3,060 per equivalent dweIling unit. They are proposing to raise it slightly to
$3,075. Again, separate DIF fees are being proposed for the interim SR-125.
Chair Allen staled that the Commission has received a lot of information on this and may want to place this on the
next agenda for discussion. At that point they can discuss any concerns and make recommendations to Council prior
to their action. She thanked staff for their time and information.
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B.
Report - Master Fee Schedule - Gerald Young
DRAFT
Chair Allen asked if there were any questions regarding the information sent to Members in their packets. Mr.
Young gave a brief presentation noting that the first phase of this update was processed last year which primarily
involved administrative changes to the Code. The changes listed in this update have been adjusted where staff felt
it was appropriate. He explained the various changes that bad been made to the fees and the justification for those
changes. For example, some fees have been set at a graduated level, that is, five or six different fees, depending
on the size of the project. Delinquency fees have been implemented in problem collection areas and creation of
incentive to pay fees. Mr. Young passed out a summary to questions asked by the public prior to the March 16
presentation to Council.
Member Davis asked if the foundation permit (25 % of the fee payable up front for laying foundations) meant that
the balance of 75% is then due when the permit is pulled. Mr. Young responded no, that it would not be the
balance of the fee payable at that point, it would be the full building permit fee. Member Davis then asked if they
City would be charging 25% extra to pull a foundation fee. Mr. Young responded that if someone comes in ahead
of time and asks for a separate plan review on just the foundation, that is starting a separate process that they would
not have gotten into otherwise. The 25 % is the amount that is being proposed for that type of inspection; if a
developer has a problem with that in that this particular foundation is not so significant for review purposes, then
it could be reviewed by the building official in that case.
Mr. Remp added that these are rare cases, they only get around two or three in one year. Most times it is because
of some funding issue when they have to get a permit by a certain date and the project and plans are not sufficiently
developed. In some cases it may only be 15%. Staff did not feel it was appropriate to encourage people to pull
multiple permits for each phase.
Member Davis asked if the sewer construction permit applies in an area such as north Chula Vista where people
want to connect to the sewer. Do these people have their own option to hire their own people to run the line or
are they bound by the City to have the City do it. Mr. Young responded that the fee is for the actual construction
work to be done, he was not sure whether it could be done by an outside contractor or not. He noted he would get
back to her with more information.
Chair Allen noted further any specific questions could be brought to Mr. Young's attention. He can be reached in
the Management Services department.
2. APPROV AL OF MINUTES - None submitted
3. SUBCOMMITTEE REPORTS
A. Retention of Business
B. Permit Process Streamlining
C. International Airport
D. Joint Marketing Efforts
E. North American Free Trade Agreement
F. Conununity Reinvestment Act
G. Special Events
H. Biotech/High Tech
I. Job Training
4. LIAISON REPORTS
A. Bayfront Task Force - William Tuchscher
B. Chamber Economic Development Committee. Mike Maslak
C. So. Co. Economic Development Council - Penny Allen
D. Otay Valley Road Project Area Committee - Patty Davis
5. NEW BUSINESS
6. ORAL COMMUNICATIONS
7.
MEMBERS' COMMENTS
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8.
ANNOUNCEMENTS
JUi(AFr
ADJOURNMENT to the regularly scheduled meeting of Wednesday, April 7, 1993 at 12:00 noon in the Public
Service Building, Conference Rooms 2&3.
COMPLIANCE WITH AMERICANS WITH DISABll.ITIES ACT (ADA)
The City of Chula Vista, in complying with the American With Disabilities Act, requests individuals who require
special accommodation to access, attend and/or participate in a City meeting, activity or service to request such
accommodation at least forty-eight bours in advance for meetings and five days for scheduled services and activities.
Please contact Alice Kemp, Administrative Secretary for information or your request at (619) 691-5047. California
Relay Service is available for the hearing impaired.
A:\MAR9J.AGE
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MINUTES
ECONOMIC DEVELOPMENT COMMISSION
CITY OF CHULA VISTA, CALIFORNIA
DRAFT
Wednesday, February 3, 1993
12:00 Noon
Conference Rooms 2&3
Public Services Building
CALL TO ORDERIROLL CALL
The meeting was called to order at 12:11 p.m. by Vice Chair Compton.
PRESENT:
Members Compton, LoBue (arrived at 12: 1 5 p.m.), Lopez, Johnson, Davis, Maslak and
ex-officio members Fuller (arrived at 12:45 p.m.} and Councilman Moore (arrived at
1:45 p.m.}
ABSENT:
Chair Allen, Members Tuchscher, Peter and ex-officio members Clark, Sellgren, Patrick
Sutherland
STAFF:
Special Projects Manager Marty Chase, Public Information Coordinator Jeri Gulbransen,
Principal Management Assistant Shauna Stokes, Administrative Analyst II Gerald
Young, Principal Community Development Specialist Lyle Haynes, Recording Secretary
Alice Kemp
1. Presentation on Olympic Training Center by Dave Nielsen. Former Executive Director. San
Diego National Sports Training Foundation and Patrick Barry. Vice President. San Diego
National Sports Training Foundation
Member Compton introduced Dave Nielsen and Patrick Barry. Mr. Nielsen gave a history of the
Olympic Training Center, noting that the OTC is a non-profit organization governed by a Board of
Trustees. They are partners with the United States Olympic Committee (USOC).
Mr. Nielsen noted that the USOC will be responsible to own and operate their own facilities at their
expense. The original agreement looked at 40-50 pieces of property in Chula Vista. In October of 88.
EastLake was selected. The property was free and a cash contribution was promised.
Mr. Nielson noted funding is difficult. Proposals call for construction of hOUSing. fields. courts. etc.
The project will be a boon to South bay. The direct economic impact calls for an annual operating
budget for USOC of $5-6 million/year with about 125 people employed. The indirect benefits that will
come from the OTC will come in the form of spin-off activities held here such as technical meetings,
conferences of statewide and international nature. research and development (athletic equipment. etc.l.
Motels will be needed to house the athletes and their parents who are attending these training camps.
Mr. Barry noted how impressed he was with the leadership qualities of the City of Chula Vista which
was apparent in the development of the eastern parts of the City.
The OTC continues to need help. They have received support from this community in the form of the
sale of license plates. Mr. Doug Fuller has approached the dealerShips about selling those plates; they
are talking to Council and the City Manager about gap financing.
Member Compton asked about timeframes. Mr. Nielsen responded that if they can agree with the
Olympic Committee on what the first phase looks like, it will be around one year of construction before
athletes are here. Some national teams have asked if they can come OUt before facilities are
completed.
Mr. Barry noted that the Olympic Committee anticipates 500.000 annual visitors to the site which will
generate around $500,000-600.000/year from purchases at the gift shop.
Mr. Nielson noted that the gift shop in Colorado Springs is one of the highest grossing retail spaces
in the country. People love to buy Olympic goods. People are expected to be there year round.
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EOC, Minutes
February 3, 1993
Page 2
DRAFT
In response to Member LoBue's questions regarding hotel sites and financial problems that may change
scheduling, Mr. Nielson said that the nearest place would be close to EastLake near the Visitor's
Center. As to financial problems, USOC controls the rings and Atlanta's handing of the construction.
Mr. Nielson said they were there today to ask for general support from the EOC and if appropriate, to
have the EDC review things as they come along with comments to Council as a group, or as
individuals. They would like this type of input. They are working with the City (Lyman Christopher)
as far as a loan goes.
Due to time constraints and a request from staff, item 6 a. was taken out of sequence.
6. -NEW BUSINESS
a. Report: Development Impact Fees Update - Marty Chase
: Mr. Chase reported that the Development Impact Fee (OIFI was established to provide for the capital
facilities and equipment needed to support new development. The size and/or number of facilities
needed is generally based on a citywide service standard. Generally, the standard applied to new
facilities reflects the level of service which was being met by the City prior to development. If the
standard is set at a higher service level, the City is obligated to correct the .deficiency. in its pre-
existing level of service. Mr. Chase gave the library as an example. The standard applied to library
space is .6 square feet per.capita. Since the City was below this standard when the DIF was
established. the City must pay to construct sufficient new library square footage to bring its pre-
existing level up to the new standard. For libraries, the pre-.existing deficiency will be.corrected when
the new Montgomery/Otay library is built.
Mr. Chase also stated that the DIF cannot be relied upon to finance the construction of all facilities at
the time they may be needed. There may be times when facilities will be needed before sufficient
funds can be accumulated in the DIF. Mr. Chase noted this concluded his presentation and asked if
the members had any questions.
Member Compton asked about the use of the tax money brought in from the new homes built on a
yearly basis; where is that money going? .
Mr. Chase responded that there is a distinction between the use of these fees for capital facilities, and
the assumption is that the tax monies that flow into the City's general fund are used to fund costs of
operating these facilities. Impact fees can only be established to pay for the cost of construction. The
fee a builder pays is divided up among nine components covered by the DIF. A community like
EastLake generates new tax revenue for the City, it doesn't incur the demand on services right away.
These subsidize the needs on the part of the City. This is general tax money that goes into the City's
General Fund and is spread out. mostly in increases to the Police Department.
Member Compton asked about the Corporate Yard and how it fits into this category. Mr, Chase
responded this category, for example, looks at if there were no' roads there would be some
inefficiencies in terms of service level because the yard is in the western part of the City and we are
growing towards the east.
Due to time limitations, Commission members agreed to hold further discussion on this item until after
the approval of minutes and election of ex-officio member terms.
.. 2. APPROVAL OF MINUTES - December 2,1992 and January 6,1993
.
MSC (Davis/LoBue) to approve the minutes as submitted (6-0-3; Allen, Tuchscher, Peter absent).
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DRAFT
EDC, Minutes
February 3, 1993
Page 3
b. Ordinance 2531 - Discussion and Selection of Terms for Ex-Officiis
Discussion ensued regarding the way Commissioners would select the terms for each ex-officio.
Member LoBue asked if there was a way these seats were defined; that is, were they selected
specifically for the organization they represent or the person filling the seat. He asked if the
. Commission was placing a limit on the person or the category the person was in. Member Compton
stated he also had a concern with this. For example, he noted that an ex-officio such as Mr. Fuller in
pulling a short term, would not be on the Commission long enough to give input on decisions and
recommendations. He did not see any necessity in having staggered terms, although there should be
a term limit.
In answer to Member Lopez' question, Member Compton replied that an ex-officio can reapply at the
end of his term. To further clarify, Mr. Fuller stated that he was asked to serve on the Committee as
a member, but did not live within the City limits so he was not qualified to serve on the Commission
as a voting member. He was then asked to be an ex-officio member. His concern with the position
is that he can contribute to meetings but cannot vote on issues. Member Compton stated that the
Commission would actively listen to anything the ex-officio members had to say and take that into
consideration when making a decision. The Commission would encourage all members to actively
participate in discussions.
The Commission agreed to place the names of the ex-officio members in a cup and, as the names were
drawn, assign the terms as listed in the ordinance. The terms were drawn as follows:
Art Sellgren - term to end June 30, 1994
Doug Fuller, Brene Patrick - term to end June 30, 1995
Don Sutherland. Ken Clark - term to end June 30, 1996
MSC IMaslak/Davisl to ~pprove the terms as selected 16-0-3; Allen, Tuchscher, Peter absent)
At this time, Member Compton opened up discussion on the OIF report presented by Mr. Chase. It was
agreed that the Commission would request further information and docket the item again for the
meeting of March 3. Items such as the Corporate Yard, consolidating services with the County and
City of San Diego for a corporate yard, and SR 125 will be discussed.
Member Compton introduced Lyle Haynes who was filling in for Cheryl Dye. Member Lopez said to
pass on the Commission's best wishes for her recovery as soon as she's gone into surgery.
Mr. Haynes reported briefly on money for business retention and the CRA program. He is trying to
come up with a CRA reinvestment strategy in conjunction with the EDC and Carras Community
Investments, the consultant who will be facilitating this process. Mr. Haynes noted they had
$650,000 in an account that was to have been used in the downtown area and had been identified
as a source to be used as .seed money. for the CRA program. The budget cuts have impacted the
Redevelopment Agency in about this same amount. The Agency has to make payment into a fund by
May 10 and this source of .seed money. was considered to make the payment. The situation is that
staff now needs to make a recommendation to the Agency on how staff will come up with $650,000
to make this payment.
Member Compton stated this would make a difference on how the Commission will approach things
now since there are limited areas they can take money from now. They had thought of using the
money as a loan guarantee to expand their businesses. The money would not actually be taken out
of the City's account unless there was a default.
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EDC, Minutes
February 3, 1993
Page 4
DRAFT
4. SUBCOMMITTEE REPORTS
A. Retention of Business
Member LoBue reported they have had several meetings with various agencies and have gathered some
good information. The preliminary recommendations will be presented to the EDC within a month or
two.
B. Permit Process Streamlining - No report.
C. International Airport - No report.
Councilman Moore passed around a copy of a lener from the Ambassador to Mexico noting they are
not interested in the Twin Ports concept.
D. Joint Marketing Efforts
Member Maslak reported that the South County EDC invited him to join them at their annual planning
retreat as an observer. He will use this as a quorum to bring up the issue of joint efforts, including
marketing.
E. North American Free Trade Agreement
Member Lopez reported that he met with Ms. Dye and they are looking at February 23 or March 2 to
go to Council with their report. He is coordinating representatives to anend the meeting; Mr. Tony
Fernandez, a businessman and advisor to the Mexican government in NAFT A nego!iations, and the
author of the study done by Southwestern College, Andrea Migdall, an anorney with Gray, Carey,
Ames, et al. Mr. Lopez also commented on the Williams-Kuebelbeck study Ms. Dye had sent, noting
it was very succinct and comprehensive.
F. Community Reinvestment Act
Mr. Haynes reported that the results will be compiled within the next two weeks. They can then start
on program development.
G. Special Events - No report.
H. Biotech/High Tech- No report.
I. Job Training - No report.
5. LIAISON REPORTS
A. Bayfront Task Force - No report.
B. Chamber Economic Development Comminee
Member Maslak noted that the Chamber newslener now has a new section which includes a summary
of all Chamber issues that are being advocated at the time.
C. So. Co. Economic Development Council - No report.
D. Otay Valley Road Project Area Comminee - No report.
7. ORAL COMMUNICATIONS - None
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EDC, Minutes
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Page 5
8. MEMBERS' COMMENTS
a. Member lopez noted he anended a forum on the environment promoted by Chula Vista. He
was impressed that Mayor Nader was taking the lead in doing such a good job in terms of
meeting regularly with the Mayor of Tijuana.
b. Member Davis noted the California Water Resources Board will be meeting on the 15th to look
at whether shipping water down through the delta will threaten the ecological integrity of the
delta.
c. Member Johnson passed out a copy of the newslener from the San Diego Economic
Conversion Council which showed local events going on in the City of San Diego. He also
noted there will be a workshop sponsored by the San Diego Community College District on
building bi-national bridges (educational and economical).
d. Councilman Moore reported that a Chinese-Hong Kong group is being sponsored downtown
by the San Diego Economic Development Corporation on March 4. Their reason for being here
is to see about business here. He asked that any members interested in attending contact the
Community Development Department.
9. ANNOUNCEMENTS
ADJOURNMENT at 2: 1 0 p.m. to the regularly scheduled meeting of Wednesday, March 3, 1993 at
12:00 noon in the Public Service Building, Conference Rooms 2&3.
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Alice Kemp, Recording Secretary
A:\I'EB93.AGE
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MINUTES
LIBRARY BOARD OF TRUSTEES
DECEMBER 9, 1992
LIBRARY CONFERENCE ROOM
3:30 PM
BOARD MEMBERS PRESENT:
Chair Alexander, Trustees Donovan,
Williams, Ex-officio member Lathers.
BOARD MEMBERS ABSENT:
Vice Chair Viesca (excused), Trustee
Wilson (excused)
CITY STAFF PRESENT:
Library Director Lane, Assistant Library
Director Palmer
OTHERS PRESENT:
Deputy City Manager,Jim Thomson; Special
proj ects Manager, Marty Chase; Budget
Manager, Dawn Herring; Senior Management
Assistant, Shauna Stokes; Administrative
Analyst II, Gerald Young
I. APPROVAL OF MINUTES - Meeting of October 28, 1992
MSUC (Donovan/Williams) to approve. the minutes of the October
28, 1992 meeting as submitted.
II. CONTINUED MATTERS
,"
A. Library Board BUdget
MSUC (Donovan/williams) that any reductions in the
Library Board budget be taken from the travel account, as
all other accounts are related to staff functions and are
necessary.
(Trustee Williams left the meeting at 4:07 pm)
B. Loss of reinstatement of a portion of Library book budget
Director Lane reported that Council followed the City
Manager's recommendation not to restore the money for
books and materials cut from the current year's budget.
The rationale behind this was that additional books are
being purchased for the EastLake High School/Library.
.
Joanna Lathers, Hilltop High School student, was selected by
the Youth Commission to represent the youth of Chula Vista in
library matters. The Library Board requested this ex-officio
position. '
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LIBRARY BOARD OF TRUSTEES
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DECEMBER 9, 1992
The EastLake books, however, will be duplicates of those
already available at other Chula Vista Libraries.
Cutting the budget of the Library at 365 F street by
$25,623 means 1,543 fewer currently published books and
potential circulation loss of 20,717 transactions.
Deputy City Manager Thomson explained that this was part
of the cuts that each department was obliged to make.
Chair Alexander asserted that the Library's two percent
cut constituted a cut in service to the public since
fewer books would be available for the public to read.
Other departments were not required to decrease their
service levels.
III. NEW BUSINESS
,
I
A.
Development Impact Fees for Libraries - Marty Chase
Marty Chase, Special Project Manager, informed the
Trustees that the City is in the process of revising the
City'S development impact fees as they relate to public
facilities. DIF fees are based on the .need generated by
the new development. Using a formula of the total
population at build-out of the project multiplied by the
library standard of .6 square feet per capita determines,_
the square footage of library space needed for a
developing area.
Once libraries needs are assessed, an attempt is made to
estimate the cost of building and maintaining these
facilities. Previous DIF fees covered the cost of an
opening day collection only, the revised DIF will provide
adequate funding for collection expansion past the first
year.
DIF fees are currently $2,500 per dwelling unit. An
increase of 26% is proposed. This increase could have
been considerably larger, but the City is currently not
considering building a permanent library in EastLake
until the High School pilot project's effectiveness is
determined.
Deputy City Manager Thomson proposed that the Library
Master Plan be updated after an evaluation of the Otay
Ranch situation and the EastLake High School Library
pilot program is tested. At that time the Library
component of the DlF would be updated to include
necessary library facilities.
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LIBRARY BOARD OF TRUSTEES
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DECEMBER 9, 1992
Chair Alexander asked how Chula vista's development
impact fees compared with other high growth areas in San
Diego. Mr. Chase replied that Chula vista was within the
top third. Deputy City Manager Thomson reported that the
City is trying to update the public facility development
impact fees every year. Once the Otay Ranch proj ect
question is determined, there will be a separate Otay
Ranch development impact fees. The cost of the revision
to the master plan can be financed from these fees.
B. Amended South Chula Vista Library Plans
Director Lane reported on the changes in the plans for
the South Chula Vista Library as a result of an informal
critique by the State Librarian. She displayed the
revised plans and a model. All the elements of the
previous plans have been incorporated into the new ones,
but rearranged. The most significant change is the main
entrance now faces east towards the bulk of the parking
rather than south.
The Library Director believes that the changes improve
the plans. The revised plans address some of the
concerns of other City Departments as well. as. those of p
the State Librarian. ·
Because of the short time frame required by the State
Grant, the City Council reviewed and approved these
revised conceptual plans at the Council meeting of
December 8th. Director Lane reported that the Mayor
voiced his discomfort in approving the plans before the
Library Board of Trustees reviewed them. Deputy City
Manager Thomson added that even though the Council
approved the plans, they would like to hear any concerns
about the plans the Trustees may have. Jim Thomson asked
the Trustees to give staff direction as to whether it
would be helpful to schedule special" meetings if they are
necessary.
)
Director Lane reported at the December 8th Council
meeting Councilmember Rindone asked if the structure was
being planned so that a second floor could be added at a
later date. This request would most likely require a
reapplication. It would also make the construction costs
higher resulting in a budget change. Councilman Fox
suggested a mural be painted on the outside of the
building to help defray graffiti. Architect Legorreta is
very interested in this, but currently no funding is
available. Councilman Moore asked that a turnout for
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LIBRARY BOARD OF TRUSTEES
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DECEMBER 9, 1992
buses be placed in the San Diego Gas and Electric
easement to unload passengers.
MSUC (Williams/Donovan) that Library Board accepts the
revised plan presented by the Library Director.
Chair Alexander reported that the Trustees had an
adequate amount of time to review the functional
elements of the new design received in their meeting
packets, even through the Council met the day before the
Trustees did.
C. Need for update of the Library Master Plan
Chair Alexander asked when work on revising the master
plan would begin. Deputy City Manager Thomson suggested
that this be delayed until the Otay Ranch jurisdictional
issue is resolved and the impact of the EastLake High
SChool/Library pilot project is evaluated. He estimated
this would not happen until FY 1994-95.
(David Palmer, Assistant Library Director, arrived at
4:37 pm)
Director Lane reported that the Eastern. Territories I~
portion of the Library Master Plan is now out of date and
should be updated. When the plan is revised, it will
include a time schedule of when the libraries are
scheduled to open and also a financing plan showing how
much these libraries will cost and where the funds would
come from.
The Eastlake Development Company wants the city to make
a decision as to whether the City is going to build a
permanent library facility in the EastLake Village
Center. The ci ty probably would commit to make a
decision three to five years after the EastLake High
School/Library pilot project is begun.
IV. LIBRARY DIRECTOR'S REPORT
A. EastLake High SchOOl/Public Library Update
Deputy City Manager Thomson has worked on the City's team
on negotiating a contract with EastLake Development
Company. He thinks a final agreement will be made in a
month.
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LIBRARY BOARD OF TRUSTEES
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DECEMBER 9, 1992
)
B.
David Palmer stated that the School District has been
extremely cooperative up to this point in working out
issues on the contract. We are waiting for the
Administrative response of the Sweetwater School District
so that the contract could go to Council and the School
Board in January. If this could be accomplished, the
library would open to patrons in February or March.
Recruitment of staff would be the most time consuming
factor in opening this branch.
Chair Alexander asked about security at EastLake High
School. Assistant Director Palmer reported that the
General Contractor is providing security on site during
the constructions phase. An on-site security person will
be hired after the completion of construction.
Chair Alexander asked EX-Officio Trustee Lathers her
impression of the EastLake Library. Trustee Lathers said
that the library is difficult to find from the parking
area. The computer system is not operational so books
are checked out by hand. The number of books is minimal
and there is no mechanism to find them.
EastLake Development Corporation'proposal for EastLake
permanent library
The City is negotiating a new contractual agreement with'-
the EastLake Development Corporation which is committed
to provide rental space, staff and books in SPA I. The
City has negotiated to transfer the funds for rental
space, staff and books to the Library at EastLake High
School. The EastLake Development Company still wants a
permanent library building in the future EastLake Village
and has suggested the possibility of building a library
for the City and leasing it back. If the City does not
build a library in EastLake Village, the City may
exchange that acre site dedicated to a library for
another acre site located elsewhere for a library.
C. Museum Update
The museum is scheduled to open on January 17th.
V. COMMUNICATIONS
A. Friends
Betty Roche reported that the Friends received a thank-
you letter from Project HandClasp for the 200 lbs of
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LIBRARY BOARD OF TRUSTEES
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DECEMBER 9, 1992
medical books and PUblications they donated. This makes
Chula Vista and the bookstore known round the world.
Betty reported that the new Friends Board members for
1993 are:
Harry Labore, President
Frances Reeves, Vice President
Marge Clark, Treasurer
Ronnie Berman, Secretary
The Friends will have their annual meeting on January 13,
1992.
Due to City wide bUdget cuts, funds to pay for the
volunteer coffee refreshments were discontinued. The
Friends of the Library have offered to pay $165 to keep
this function operating. The Friends will help with the
grand opening of the Chula Vista Heritage Museum.
)
Director Lane thanked the Friends for the Christmas cheer
their poinsettias bring to the Library.
B. Public Comments
Robert Coye suggested the City arrange a bus route past
the new South Chula Vista Library. Assistant Director
Palmer replied that there is a bus stop near the new
library site. There had been a suggestion for a bus
turnout but Chula Vista Transit does not want their
busses to pullout and re-enter traffic. The street will
be widened adequately to make this unnecessary.
.~
C. Written Comments None
D. Board Comments
VI. ADJOURNMENT - The meeting adjourned at 5:16 pm. The next
Library Board of Trustees meeting will be held on January 27,
1993 at 3:30 pm in Conference Room One.
Trustee Donovan welcomed Joanne Lathers to the Board and
hoped that she enjoys her term as an ex-officio Board
member representing youth.
Chair Alexander welcomed Joanna Lathers to the Board.
G.3~
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ORDINANCE NO. ~.51 O~
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AN ORDINANCE OF THE CITY OF CHULA VISTA ADomG
CHAPTER 3.50 TO THE CHULA VISTA MUNICIPAL~DE
RELATING TO A DEVELOPMENT IMPACT FEE TO J1'A~ FOR
V ARlOUS PUBLIC FACll..ITIES WITHIN ~ OF
CHULA VISTA'S GENERAL PLAN AREA BO,,~ARY AND
SUPERSEDING ORDINANCE NO. 2432 ~ ORDINANCE
NO. 2320 O~
~<SJ
THE CITY COUNCn.. OF THE CITY OF CHULA VISTA DOES ORDAIN AS
FOLLOWS:
SECTION I. That the existing Ordinance No. 2432 and Ordinance No. 2320 are
hereby superseded, concurrent with the effective date of a new Ordinance :. . and
a new Chapter 3.50 is hereby added to the Chula Vista Municipal Code to read as
follows:
CHAPTER 3.50
DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS
PUBLIC FACll..ITIES.
Section 3.50.010 General Intent.
The City's General Plan Land Use and Public Facilities Elements require that
adequate public facilities be available to accommodate increased population created by
new development within the City of Chula Vista.
The City Council has determined that new development will create adverse
impacts on the City's existing public facilities which must be mitigated by the fInancing
and construction of certain public facilities which are the subject of this chapter. New
development contributes to the cumulative burden on these public facilities in direct
relationship to the amount of population generated by the development or the gross
acreage of the commercial or industrial land in the development.
The City Council has determined that a reasonable means of fInancing the public
facilities is to charge a fee on all developments in the City of Chula Vista. Imposition
of the public facilities development impact fee on all new development for which building
permits have not yet been issued is necessary in order to protect the public safety and
welfare in order to ensure effective implementation of the City's General Plan.
Section 3.50.020 DefInitions.
For the purposes of this chapter, the following words or phrases shall be construed
as defined in this Section, unless from the context it appears that a different meaning is
intended.
(a) "Building Permit" means a permit required by and issued pursuant to the
Uniform Building Code as adopted by reference by this City.
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Ordinance No,
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(b) "Developer" means the owner or developer of a development
(c) "Develop nt Pennit" means any discretionary permit, entitlement or
approval fo a development project issued under any zoning or subdivision
ordinance 0 the City.
(d) "Developmen Project" or "Development" means any activity described as
the following:
I. residential dwelling unit developed on vacant land;
2. Any new mmercial/office or industrial development constructed
on vacant I d;
3. Any expansi s to established developments or new developments
on non-vacant and in those land use categories listed in 1 and 2
above, if the ult is a net increase in EDUs, The Fee shall be
based solely on's net EDU increase.
4. Any new or expan 'ng Special Land Use project;
5.
Any Special Purpose
vacant land, or expand
a net increase in EDUs.
net EDU increase.
oject developed on vacnt land or non-
within a pre-existing site, if the result is
e Fee shall be based on solely on this
6. Any other Development PrO] t not listed above but described in
Section 65927 and 65928 of State Govemment Code.
(e) "Community Purpose Facility" means a cility which serves one of the
following pwposes:
I. social service activities, including such ices as Boy Scouts and
Girl Scouts, Boys and Girls Club. Alc olic Anonymous and
services for the homeless;
2. public schools;
3. private schools;
4. day care;
5. senior care and recreation;
6. worship, spiritual growth and development;
(f) "Special Land Use" means any non-residential, non-commercial/office or
non-industrial Development Project (e.g. Olympic Training Center,
hospitals, utilities), or non-Special Purpose Project
WPC F_orDeJ'I.lS2.93
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(g) "Special Purpose Project" means any for-profit Community Purpose
Facility (e.g. day care).
(h) "Engineer Report" refers to the April 20, 1993 "Development Impact Fees
for Public Facilities" Report
Section 3.50.030 Public Facilities to be Financed by the Fee.
(a) The public facilities ("Facilities") which are the subject matter of the Fee
include buildings, equipment and related one-time start-up costs or portions
thereof, as detailed in subsection (c) below and in the Engineer Report on
file in the Office of the City Clerk.
(b) The City Council may modify or amend this list of Facilities by written
resolution in order to maintain compliance with the City's General Plan or
the Capital Improvement Program.
(c) The Facilities are as follows:
Civic Center Expansion
Police Department Expansion and Improvements
Corporation Yard Relocation
Library System Expansion
Fire Suppression System Expansion
Geographic Information System Development
Mainframe Computer System Expansion
Telephone System Upgrade
Records Management System Development
Section 3.50.040 Territory to Which Fee Applicable.
The area of the City of Chula Vista to which the Fee herein established shall be
applicable shall be the territorial limits of the City of Chula Vista (''Territory'') as they
may from time to time be amended.
Section 3.50.050 Establishment of Fee.
A Development Impact Fee ("Fee"), to be expressed on a per Equivalent Dwelling
Unit ("EDU") basis, is hereby established to pay for the Facilities within the Territory.
The Fee shall be paid upon the issuance of building permits for each Development Project
within the City of Chula Vista.
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Section 3.50.060 Detennination of Equivalent Dwelling Units.
Each new single family detached dwelling, single family attached dwelling, or unit
within a multi-family dwelling or mobilehome dwelling in a Development Project shall
be considered one EDU for purposes of this Fee. Commercial/Office and Industrial
Development Projects shall be charged at the rate of 5.00 EDU's per gross acre of land.
The EDU rate for each Special Land Use Development Project, as defmed in Section
3.50.020, shall be charged at the rate of 5.00 EDUs per gross acre of land, except that the
Olympic Training Center shall be charged at the rate of 1.25 EDU's per gross acre of
land. The EDU rate for each Special Pwpose Project, as defmed in Section 3.50.020,
shall be charged at the rate of 3 EDUs per gross acre of land. The charges shall be those
outlined in Section 3.50.090(c). The Fee multiplied by the total number of EDUs within
a given Development Project represents a Developer's fair share ("Fair Share") for that
Development Project.
Section 3.50.070 Time to Detennine Amount Due.
The Fee for each Development shall be calculated at the time of building permit
issuance and shall be the amount as indicated at that time and not when the tentative map
or fmal map were granted or applied for, or when the building permit plan check was
conducted, or when application was made for the building permit.
. Section 3.50.080 Purpose and Use of Fee.
The Fee collected shall be used by the City for the following purposes in such
order and at such time as determined by the City Council:
(a) To pay for such of the Facilities that the City Council determines should
be constructed, installed or purchased at that time, or to reimburse the City
for Facilities funded by the City from other sources.
(b) To reimburse developers who have been required or permitted by Section
3.50.140(a) to construct, install or purchase approved Facilities listed in
Section 3.50.030(c), in such amounts as the Council deems appropriate. .
(c) To repay any and all persons who have, pursuant to prior Fee Ordinance
2320 or 2432, or pursuant to this Ordinance, advanced or otherwise loaned
funds for the construction of a Facility identified herein.
(d) To repay the City for administration costs associated with administration
of the Fee.
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Section 3.50.090 Amount of Fee.
(a) The Fee shall be the amounts set forth in Section 3.50.090(b) and (c). The
City Council may adjust the amount of this Fee as necessary to reflect
changes in the costs of the Facilities as may be reflected by such index
as the Council deems appropriate, such as the Engineering-News Record
Construction Index, or such other basis; changes in the type, size, location
or cost of the Facilities to be financed by the Fee, changes in land use
designation in the city's General Plan, and upon other sound engineering,
financing and planning information. Adjustments to the Fee may be made
by resolution amending this Section.
(b) The Fee shall have portions which are, according to the Engineer Report,
allocated to a specific Facility ("Fee Components") which correspond to
the costs of the various Facilities, plus the Administration cost for the Fee,
which is a percentage of the Fee Components' total cost divided by total
EDUs, as indicated in Section 3,50.090.
(c) The fee shall be the following, depending on land use:
Land Use Fee
Residential $2,150/dwelling unit
CommerciallOffice $IO,750/acre
Industrial $IO,750/acre
Special Land Use $10.750/acre
Olympic Training Center $2.688/acre
Public Purpose Exempt
Non-profit Community Exempt
Purpose Facility
Special Purpose Project, $6,4501acre
including For-Profit Day
Care
Section 3.50.100 Development Projects Exempt from the Fee.
(a) Development Projects by public agencies shall be exempt from the
provisions of the Fee if those projects are designed to provide the public
service for which the agency is charged ("Public Purpose").
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(b) Community Purpose Facilities which are not operated for profit ("Non-
Profit Community Purpose Facilities") are also exempt inasmuch as these
institutions provide benefit to the community as a whole including all land
use categories which are the subject matter of the Fee. The City Council
hereby determines that it is appropriate to spread any impact such Non-
Profit Community Purpose Facilities might have to the other land use
categories subject to the Fee. In the event that a court determines that the
exemption herein extended to Community Purpose Facilities shall for any
reason be invalid, the City Council hereby allocates the Non-Profit
Community Purpose Facilities' Fair Share to the City of Chula Vista and
not to any of the land use categories which are the subject matter of the
development impact land use categories.
(c) Development Projects which are additions or expansions to existing
dwelling units or businesses, except Special Land Use projects, shall be
exempt if the addition or expansion does not result in a net increase in
EDUs.
Section 3.50.110 Authority for Accounting and Expenditures.
. a) Fees collected before the effective date of the Ordinance codifying this
Section.
1. All fees which have accrued shall remain in separate accounts
("Accounts") corresponding to the Facilities listed in Section
3.50.030, as established by the Director of Finance, and shall only
be expended for the purposes associated with each Facility account.
2. The Director of Finance is authorized to maintain Accounts for the
various Facilities identified in this chapter and to periodically make
expenditures from the Accounts for the pwposes set forth herein.
b) Funds collected on or after the effective date of the Ordinance codifying
this Section.
1.
The Fees collected shall be deposited . into a public facility
financing fund ("Public Facilities Development Impact Fee Fund,"
or alternatively herein "Fund") which is hereby created and shall be
expended only for the purposes set forth in this chapter.
2.
The Director of Finance is authorized to establish a single Fund for
the various Facilities identified in this chapter and to periodically
make expenditures from the Fund for the purposes set forth herein.
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SecUQn 3.50.120 Findings.
The City Council fmds that collection of the Fee established by this chapter at the
time of the building permit issuance is necessary to provide funds for the Facilities and
to ensure certainty in the capital facilities budgeting for growth impacted public facilities.
Section 3.50.130 Fee Additional to Other Fees and Charges.
This Fee is in addition to the requirements imposed by other City laws, policies
or regulations relating to the construction or the financing of the construction of public
improvements within subdivisions or developments.
Section 3.50.135.
Reimbursement Offer.
Mandatory Oversizing of Facility; Duty to Tender
Whenever a Developer of a Development Project is required as a condition of
approval of a Development Permit to cause a Facility or a portion of a Facility to be built
to accommodate the demands created by the Development Project, the City may require
the Developer to install, purchase or construct the Facility accor;';ng to design
specifications approved by the City, that being with sue 'upplemental size or capacity
required by the City ("Oversized Capacity Requirement''). If such a Oversized Capacity
Requirement is imposed, the City shall offer to reimburse the Developer from the Fund
either in cash or over time, with interest at the fair market value of money, as Fees are
collected, at the option of the City, for costs incurred by the Developer for the design and
construction of the Facility not to exceed the estimated cost of that particular Facility as
included in the calculation and updating of the Fee. The City may update the Fee
calculation as City deems appropriate prior to making such offer. This duty to offer
reimbursement shall be independent of the developer's obligation to pay the Fee.
Section 3.50.140. Developer Construction of Facilities.
(a) Whenever a Developer of a Development Project would be required by
application of City law or policy as a condition of approval of a
Development Permit to construct or fmance a Facility, or if a developer
proposes to design and construct a portion of a Facility in conjunction with
the prosecution of a development project within the Territory, and follows
the procedure for doing same hereinbelow set forth, the City Council shall,
in the following applicable circumstances, tender only the credit or
reimbursement hereinbelow identified for that circumstance.
1) If the cost of the Facility, incurred by the Developer
and acceptable to the City, is less than or equal to
that portion of the Developer's Fair Share related to
the Fee Component for that Facility, the City may
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Ordinance No.
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only give a credit ("Developer Credit") against the
that portion of the Developer's Fair Share related to
the Fee Component for that Facility ("Fair Share of
the Fee Component"); or,
2) If the cost of the Facility, incurred by the Developer
and acceptable to the City, is greater than that
portion of the Developer's Fair Share related to the
Fee Component for that Facility, but less than or
equal to the Developer's total Fair Share, the City
may give a credit which credit shall first be applied
against that portion of the Fair Share related to the
Fee Component for that Facility, and the excess
costs for the Facility shall then be applied as credits
against such other Fee Components of the
Developer's total Fair Share as the City Manager, in
his sole and unfettered discretion, shall determine;
or,
3) If the cost of the Facility, incurred by the Developer
and acceptable to the City, is greater than the
Developer's total Fair Share, the City may give a
credit against the Developer's total Fair Share as the
City Manager, in his sole and unfettered discretion,
shall determine; and/or, the City may tender to the
Developer a reimbursement agreement to reimburse
said Developer only from the Fund as monies are
available, over time, with interest at the fair market
value of money, at the option of the City.
Section 3.50.150 Procedure for Issuance of Credits or Tender of Reimbursement
Offer.
The City's extension of credits or tender of a reimbursement offer to a Developer
pursuant to Section 3.50.140 shall be conditioned on the Developer complying with the
terms and conditions of this Section:
(a) Written authorization shall be requested by the Developer from the City
and issued by the City Council by written resolution before Developer may
incur any costs eligible for reimbursement relating to the Facility.
(b) The request for authorization shall contain the information listed in this
Section and such other information as may from time to time be requested
by the City.
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Ordinance No.
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(c) If the Council grants authorization, it shall be by written agreement with
the Developer, and on the following conditions among such other
conditions as the Council may from time to time impose:
WPC F'I>ome\aIl....)\5S2.93
1.
Developer shall prepare all plans and specifications and submit
same for approval by the City.
2.
Developer shall secure and dedicate any right-of-way required for
the Facilities.
3.
Developer shall secure all required pennits and environmental
clearances necessary for construction of the Facilities.
4.
Developer shall provide performance bonds in a form and amount,
and with a surety satisfactory to the City (where the Developer
intends to utilize provisions for inunediate credit, the performance
bond shall be for 100 percent of the value of the project).
5.
Developer shall pay all City fees and costs;
6.
The City shall be held harmless and indemnified, and upon tender
by the City, defended by the Developer for any of the costs and
liabilities associated with the construction of the Facilities.
7.
The City will not be responsible for any of the costs of
constructing the Facilities. The Developer shall advance all
necessary funds to construct the Facilities.
8.
The Developer shall secure at least three (3) qualified bids for
work to be done. The construction contract shall be granted to the
lowest qualified bidder. If qualified, the Developer may agree to
perform the work at a price equal to or less than the low bid. Any
claims for additional payment for extra work or charges during
construction shall be justified and shall be documented to the
satisfaction of the Director of Public Works.
9.
The Developer shall provide a detailed cost estimate which
itemizes those costs of the construction attributable to the Facilities
and excludes any work attributable to a specific subdivision project
The estimate is preliminary and subject to final determination by
the Director of Public Works upon completion of the Facilities.
10.
The City may grant partial credit for costs incurred by the
Developer on the Facility upon determination of satisfactory
71#1-4-
6-tfr
Ordinance No.
Page 10
incremental completion of a Facility, as approved and certified by
the Director of Public Works, in an amount not to exceed 75
percent of the cost of the construction completed to the time the
partial credit is granted, thereby retaining 25% of such credits until
issuance by the City of a Notice of Completion.
11. When all work has been completed to the satisfaction of the City,
the Developer shall submit verification of payments made for the
construction of the Facility to the City. The Director of Public
Works shall make the final determination on expenditures which
are eligible for credit or reimbursement
Section 3.50.160 Procedure for Fee Modification or Reduction.
Any Developer who, because of the nature or type of uses proposed for a
Development Project, contends that application of this Fee is unconstitutional or unrelated
to mitigation of the burdens of the Development, may apply to the City Council for a
modification or reduction of the Fee. The 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 flling of the building permit application. The application shall
state in detail the factual basis for the claim of modification or reduction. The City
Council shall make reasonable efforts to consider the application within sixty (60) days
after its filing. The decision of the City Council shall be. final. If a reduction or
modification is granted, any change in use within the project shall subject the
Development to payment of the Fee. The procedure provided by this section is additional
to any other procedure authorized by law for protection or challenging this Fee.
Section 3.50.170 Fund Loans.
(a) Loans bv the Citv.
The City may loan funds to the Fund to pay for a Facilities should the
Fund have insufficient funds to cover the cost of said Facility. Said loans,
if granted, shall be approved upon the adoption of the annual City budget
and shall carry interest rates as set by the City Council for each fiscal year.
A schedule for repayment of said loans shall be established at the time
they are made and approved by the Council, with a maximum term not to
exceed the life of the Fund.
WPCF_YlS'2.93
~ c.,tf~
Ordinance No.
Page 11
(b) Developer Loans.
A Developer may loan funds to the City as outlined in Sections 3.50.140
and 3.50.150(c)(14). The City may repay said Developer loans with
interest, under the terms listed in (a) above.
Section 3.50.180 Effective Date.
This ordinance shall become effective sixty (60) days after its second reading and
adoption.
Presented by
Approved as to form by
Marty Chase
Special Projects Manager
4-t1t.~
Bruce M. Boogaard
City Attorney
WFC F,--.......Y\552.93
._ (: L(7~
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1HIS PAGE BIANK
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COUNCIL AGENDA STATEMENT
Item ~ 1
Meeting Date 4/2Dm- <t1~l13
ITEM TITLE:
Ordinance .15n Amending Schedule X, Section 10__4~\b~~the
Chula Vista Municipal Code - Decreasing State Law Maxim~ Limits in
Certain Areas - Paseo Ranchero and Buena Vista wa1>-~\~G.
I\W ~"-
Director of Public Works 'fl' s~CO~'i)
City Manage\'/1 ~ ~1 (4/Sths Vote: Yes_No...xJ
SUBMIITED BY:
REvmWED BY:
Pasco Ranchero and Buena Vista Way north of East H Street are both new collector streets constructed
by the McMillin Development Company in 1990 in conjunction ,with the Rancho Del Rey Phase IT
construction. Since these streets do not have any fronting businesses or residences, the unposted prima
facia speed limit is 55 MPH. Recent traffic surveys revealed the 85th percentile speed is 36 MPH on
Pasco Ranchero and 43 MPH on Buena Vista Way. In the interest of public safety, the City Engineer
is recommending that Pasco Ranchero and Buena Vista Way north of East H Street be posted for 35
MPH.
RECOMMENDATION: That the City Council place the ordinance on first reading.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
In the interest of minimizing traffic hazards and congestion and for the purpose of the promotion of
public safety, the City Engineer is recommending that the subject locations be posted at 35 MPH as
shown on the following table.
CHULA VISTA MUNICIPAL CODE SECTION 10.48.050
SCHEDULE X. DECREASED SPEED LIMITS IN CERTAIN AREAS
Propooed Speed
Name of Street Beginning At Endin. AI Limit
Pasco Ranchero East H Street Rancho del Rey Parkway 3S MPH
Buena Vista Way East H Street Rancho del Roy Parkway 3S MPH
Paseo Ranchero
A traffic and engineering study, as required by State law, was conducted by staff and it was determined that the
85th percentile speeds on Paseo Ranchero is 36 MPH between East H Street and Rancho del Rey Parkway.
'7.../
9 _I
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Page 2, ItemL
Meeting Date 4/20/92
Paseo Ranchero is a collector street and does not have a posted speed limit. Based on the above mentioned traffic
studies, the design speed of less than 40 MPH, the proximity of a secondary education school, the future addition
of YMCA athletic facilities, and the horizontal curvilinear alignment of the roadway, it has been determined that
the speed limit shall be posted at 35 MPH.
Buena Vista Way
A traffic and engineering study, as required by State law, was conducted by staff and it was determined that the
85th percentile speeds on Buena Vista Way is 43 MPH between East H Street and Rancho del Rey Parkway.
Buena Vista Way is a collector street and does not have a posted speed limit. Based on the above mentioned
traffic studies, the design speed of 35 MPH, the immediately adjacent Discovery Park, and the horizontal
curvilinear alignment of the roadway, it has been determined that the speed limit shall be posted at 35 MPH, and
the one curve in the segment be posted with curve warning signs with 25 MPH advisory speed plates as per the
ball-bank indicator tests.
The speed surveys for this section were taken on a tangent portion of the roadway where both approaches are
down hill into a swale.,thus the speeds are higher than is truly representative of the entire segment. Farther north
in this segment is a horizontal curve with a 300' radius and a design speed of 30 MPH. The vertical curve design
speed for the entire segment has been calculated at 35 MPH. The other collector standard roadways in this area
being Paseo Ranchero and Rancho del Rey Parkway are also posted at 35 MPH under the same type of design
criteria.
FISCAL IMPACT: $100 for speed limit signs.
Attachments: Area Plats
Engineeringrrraffic Survey
'WPC F:\home\eDPeer\agCDda\p;uIZ1Cb..bvw
File: CY-007
~
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AN ORDINANCE AMENDING SCHEDULE X, SECTION ~\) I"
10.48.050 OF THE CHULA VISTA MUNICIPAL CODE ~ I"
DECREASING STATE LAW MAXIMUM SPEED LIMlj~~~
CERTAIN AREAS - PASEO RANCHERO AND BU~ '*'.fSTA
WAY ~~CO
ORDINANCE NO. .2ff3
WHEREAS, the Traffic Engineer performed Traffic and
Engineering Surveys on paseo Ranchero and Buena vista as required
by state law; and
wHEREAS, in the interest of minimizing traffic hazards
and congestion and for the purpose of the promotion of public
safety, the City Engineer is recommending that the subject
locations be posted at 35 MPH.
NOW, THEREFORE, the City Council of the City of Chula
Vista does ordain as follows:
SECTION I: That Schedule X of Section 10.48.050 of the
Chula Vista Municipal Code, Decreasing State Law Maximum Speed
Limits in certain Areas, is hereby amended to include the following
changes on Paseo Ranchero and Buena vista Way:
SCHEDULE X -
DECREASING STATE LAW MAXIMUM SPEED LIMITS IN
CERTAIN AREAS
Name of Beainnina Endina At Soeed
Street AI, Limit
paseo East H Rancho del 35 MPH
Ranchero Street Rey Parkway
Buena vista East H Rancho del 35 MPH
Way Street Rey Parkway
SECTION II: This ordinance sha
full force on the thirtieth day from an
t and be in
ft: l p~
Presented by
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
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SPEED LIMIT--ENGINEERINGITRAFFIC SURVEY:
STREEr:
Paseo Ranchero
LIMITS:
East "H" Street - Rancho Dp.l R@v Pi1rklJ.::lv
Existing Posted Speed Limit
Ilnpnc:t~n MPH
s...UMMA11Y OF SPEED SURVEYS
Segment:
Date Taken:
No Vehicles on Sample:
85th Percentile Speed:
Range of Speeds Recorded:
East "H" Street - Rancho Del Rev Parkwav
3/15/93
100
36 MPH
20-42 MPH
ROADWAY CHARACTERISTICS
Width
64
feet No. of Lanes for Both Directions
4
Horizontal Alignment 500' = Rmin.
Vertical Alignment 2% maximum grade
TRAFFIC CHARACTERISTICS
Average .Daily Traffic 6.980
On-Street Parking not allowed
Special Conditions Bike lane on both sides of the street.
Accident History No reported accidents within this segment.
S1lB1::.EY RESULTS
Study was Prepared by
John Montes de Dca
Date
3
19 -- 93
Recommendation
Establish 35 mph speed limit
Date Recommendation Approved: 0.3 --23.. "f3
By 73i..-<<:-' ~...<> X. {2.;.;-€/u?-
Approved Speed Limit 35 MPH
Per eve 40803, Survey Expires 3.. 15 --
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SPEED LIMIT--ENGINEERING/TRAFFIC SURVEY:
STREET: Buena Vista Way
UMITS: East "H" Street - Rancho Del Rey Pkwy.
Existing Posted Speed Umlt unoosted MPH
SJJMMARY OF SPEED SURVEYS
Segment: East "H" Street - Rancho Del Rey Pkwy
Date Taken: 3/15/93
No Vehicles on Sample: 100
85th Percentile SPeed: 43 moh'
Range of Speeds Recorded: 24-49 mnh
,ROADWAY CHARACTERISTICS
Width
40-52
feet No. of Lanes for Both Directions
2
Horizontal Alignment 300' = Rmin.
Vertical Alignment +8.52% to +2% over 250' V.C. (design soeed 35 moh)
TRAFFIC CHARACTERISTICS
.
Average Dally Traffic 1.420
On.Street Parking Not allowed
Special Conditions Park on the north side of the street. There is a bike lane on
both sides of the roadway.
Accident History
The accident rate at this segment (1.74 accidents per million
vehicle miles) is lower than the average rate (2.48) for similar roadways in the
State of California.
SJJ.B.VEY RESULTS
Study was Prepared by
John Montes De Oca
Date
3.. 19.. 93
Recommendation
Establish 35 mph speed limit
Date Recommendation Approved: D 3 eo 23.. "f3
By 7;'1.~X.~
Approved Speed Limit 35 MPH
Per evc 40803, Survey Expires 3 eo 15 eo 98
[C:\WP51\TRAFFIC.FRM]
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COUNCIL AGENDA STATEMENT
Item
~
ITEM TITLE:
Meeting Date 4/27/93
Ordinance ~~~epealing and Re-enacting a
Chapter 2.46 of the Chula vista Municipal
Relating to the Youth Advisory commission
~ty Attorney
new
Code
SUBMITTED BY:
4/5ths Vote: Yes___No-X-
Last year Mayor Nader suggested that the ordinance relating to the
Youth Commission be amended to allow commission members to serve
beyond becoming 18, to the otherwise authorized end of their term.
Upon review, many provisions of the current ordinance were
discovered to be in violation of the Charter, or inconsistent with
the new, standard format for Boards and Commissions. The attached
ordinance will implement the requested change, and bring the
ordinance into conformity with the standard provisions.
RECOMMENDATION: Place the Ordinance on first reading.
DISCUSSION: The proposed Ordinance deletes the provision which
previously required members to be removed when they turned 18
(former sec. 2.46.030 B). It also:
1. Deletes two year terms, and replaces them with Charter-required
four year terms (former sec. 2.46.040 C and D);
2. Establishes a regular meeting at 6:30 P.M. in the Parks and
Recreation Conference Room on the second Monday each month;
3. Deletes a a provision allowing a quorum of a majority of the
actual membership plus one, and replaces it with Charter-required
majority of the entire membership (former sec. 2.46.080);
4. Preserves the essence of the former ordinance provisions
relating to purpose (former sec. 2.46.010), eligibility (former
sec. 2.46.030), selection (former sec. 2.46.040), and duties
(former sec. 2.46.100);
5. Replaces all other "boilerplate" provisions with the current,
up-to-date language.
Please note that there is no provision in the proposed ordinance
for transition regarding existing terms. Ordinarily, where changes
are made to existing advisory bodies, recognition is given to
existing service and terms, because of the effect of the Charter
language on two term limits, staggered terms, and drawing lots for
initial terms to create the staggered terms. However, because of
the lack of conformity of the current ordinance with the Charter
(two-year terms instead of four-year terms), and the practical
8'..;
reality that most members of the Commission will be unlikely to
serve more than one full term, staff suggests to council that the
Youth Commission be treated like the Charter Review Commission was.
That is, treat the ordinance as newly creating the Youth Advisory
commission and have the Charter provisions go into play for the
first time, with current members being eligible for appointment to
the new Commission, with their prior service disregarded for the
purposes of disqualification for service in excess of two terms.
This process will get the staggered terms on a proper schedule, and
establish positions to be filled, including the filling of
unexpired terms in the event of resignation or other vacancy prior
to completion of term.
BOARDS/COMMISSIONS RECOMMENDATIONS: At its meetings of October 13,
1992, March 8, and April 12, 1993 the Youth Commission reviewed the
proposed new Ordinance, recommended three changes, and voted 6-0
to recommend Council approve the new Ordinance (including their
changes). The commission's proposed changes were: .020 from "rap"
session TO open communication; .040 from ninth TO seventh grade;
plus a modification of the last sentence of proposed subsection B.1
(currently .030 and .040 A) referring to "lack of interest or
unavailability", rather than if "no applications are received" in
reference to appointments from all schools. The changes reflect
the existence of middle schools, and the potentential future
situation where there will be more schools than seats.
FISCAL IMPACT: None.
F:\home\attorney\agdayth
~,;.
ORDINANCE NO.
~5'f5
AN ORDINANCE OF THE CITY OF CHULA VISTA
REPEALING AND ADDING CHAPTER 2.46 TO THE
CHULA VISTA MUNICIPAL CODE RELATING TO
THE YOUTH ADVISORY COMMISSION
The City Council of the City of Chula Vista does ordain as follows:
Section I. That Chapter 2.46 of the Chula Vista Municipal Code is hereby repealed:
Section II. That a new Chapter 2.46 is added to the Chula Vista Municipal Code to read as
follows:
Chapter 2.46
YOUTH ADVISORY COMMISSION
Section 2.46.010 Creation.
There is hereby created a Youth Advisory Commission (Commission).
Section 2.46.020 Purpose and Intent
It is the purpose and intent of the city council to establish a youth commission to make
recommendations and advise the city council, the city manager, and other members of
the Chula Vista government through the city manager in all matters affecting the young
people of this community as well as those in areas surrounding the city and having some
relationship to the city to accomplish among other things:
A. The development of mutual understanding and respect between the young people and
all of the adult citizens of Chula Vista;
B. The establishment of liaison and maintenance of communications with all of the
young people of the community so as to better understand the problems and
difficulties confronting young people in today's complex urban society;
C. The establishment of a forum for meaningful open communication where the youth
of Chula Vista can "tell it like it is" in a manner and in terms that will really be
understood by members of the so-called "establishment";
YTHCOM.ORD 4/14/93 Page 1
8"<~
D. The restoration of a feeling of mutual respect and understanding on the part of all age
groups in the city;
E. The elimination of those petty causes of friction which have resulted in the alienation
of our youth and the polarization of our community based upon age;
F. The encouragement of full and active participation in all phases of governmental
process by the young people of this community.
It is the basic intent of the city council to provide for the young people of the city a
sense of identity and self-recognition so that the young people will truly feel that they are
part of a dynamic society which they will be expected to one day lead and direct and
should now be making an input so as to influence its direction.
Section 2.46.030 Functions and Duties
The functions and duties of the Commission shall be as follows:
A. Establish a direct communications link between the young people of the city and the
city council, to assist in those matters which are of concern to the young people, and
in turn, to the entire community;
B. Provide recommendations and suggestions to the city council and to all boards and
commissions of the city reflecting the point of view of the young people of this
community;
Section 2.46.040 Membership.
A. Number of Members.
The Commission shall consist of nine (9) Voting Members, a Staff Ex-officio
Member and up to three (3) General Ex- officio Members.
B. Designation of Members.
1. Voting Members.
The Voting Members shall be appointed by the City Council from the qualified
residents of the City in accordance with Section 600 et seq. of the Charter. Members
of the youth commission shall be either students or nonstudents who have reached or
YTHCOM.ORD 4/14/93 Page 2
8''''1
passed the seventh grade educational level as continuing students at the time of
appointment and shall maintain residence throughout the term of office.
A student applying for membership need not be a member of or sponsored by any
student body governing organization or an officer of any class of his student body.
Representation of any official or sanctioned organization or viewpoint is not to be
regarded as a special qualification for membership. The council will use its best efforts
to appoint at least one student from as many as possible of the high schools, middle
schools and junior high schools within the city limits. If there are no applications or
unacceptable applicants from a particular school, applicants will be appointed from
another school.
2. Staff Ex-officio Member.
The City Manager or his/her designated representative shall be an ex-officio member
of the commission, who shall not be required to be a qualified elector of the City, but
who shall have no vote ("Staff Ex-officio Member").
3. General Ex-Officio Members.
The City Council, or its designee, may appoint not greater than three (3) additional
ex-officio members of the Commission, who shall not be required to be qualified
elector(s) of the City, but any such appointed ex-officio members shall have no vote
("General Ex-Officio Member").
Section 2.46.050 Term of Office.
A. Term of Office--All Classes of Members.
1. Post-Initial Terms.
Except as otherwise provided in this Subsection A, the term of office of all members,
and all classes of members, of said Commission shall be for a nominal period of four (4)
years, and shall terminate on June 30th of the fourth year of their term, unless they shall
otherwise sooner resign, die, become disqualified or incompetent to hold Office.
2. Initial Terms of Voting Members.
Notwithstanding subsection A.l., the Initial Terms shall commence upon appointment
and shall conclude, for one (1) Voting Member on June 30, 1993; for two (2) Voting
Members on June 30, 1994; for two (2) Voting Member members on June 30, 1995; and
YTHCOM.ORD 4/14/93 Paga 3
Z'~f
for two (2) Voting Members on June 30, 1996, unless they shall otherwise sooner resign,
die, become disqualified or incompetent to hold Office.
a. Assignment to Initial Terms by Lot.
Voting Members shall be assigned to Initial Terms by lot at the first regular
meeting at which all Voting Members are present, but in any event not later than the
third month after initial appointment of the 7th Voting Member.
3. General Ex-officio Member.
The term of General Ex-officio members shall be for a period of four years from the
time of appointment.
4. Staff Ex-officio Member.
The term of the Staff Ex-officio Member shall be indefinite.
5. Holdover Office.
Notwithstanding the end of any Member's Initial Term or Post-initial Term as herein
provided, a Member, other than the Staff Ex-officio Member, shall be permitted to
continue to exercise the privileges of the former Office after the end of the term until the
Office to which he or she was assigned is filled by re-appointment or by the appointment
of a qualified successor to Office.
6. Vacancies.
Notwithstanding the term of Office to which a Member is assigned, said Office shall
be deemed vacant upon any of the following events ("Event of Vacancy"):
a. The death or disability of said Member that renders said Member incapable
of performing the duties of Office.
b. The termination of status as Member of the Commission or the
classification which was assigned to be represented on the Commission.
c. The member's conviction of a felony or crime involving moral turpitude.
d. The member's absence from three (3) regular, consecutive meetings of the
Commission, unless excused by majority vote of such board or commission expressed
in its official minutes.
YTHCOM.ORD 4114/93 Paga 4
'b' .. ~
e. The member has submitted a resignation which resignation has been
accepted by the City Council.
f. The membership has been terminated by a majority vote of the City
Council.
Upon the occurrence of an Event of Vacancy as hereinabove listed, the City Council
shall so declare the Office to be vacant, and shall expeditiously take such steps as are
necessary to fill said vacancy.
B. Number of Terms.
1. Voting Members.
a. No Voting Member shall be appointed to more than two (2) terms except
as herein provided.
b. A Voting Member assigned to an Initial Term of less than two (2) years
may be appointed at the natural expiration of their Initial Term to two (2) terms in
addition to their Initial Term. A Voting Member who currently occupies an Office under
an Initial Term may not be appointed to fill the Unexpired Term of another Office which
has become vacant.
c. A Voting Member appointed to the Commission to fill the unexpired term
of an Office of a Voting Member which has become vacant ("Unexpired Term") which
has less than two (2) years remaining on said Unexpired Term, may be appointed to two
(2) terms in addition to their Unexpired Term. A Voting Member who currently
occupies an Office may not be re-appointed to fill the Unexpired Term of another Office
which has become vacant.
d. Any member may be re-appointed after two (2) successive years of not
serving on the Commission in any Office or Membership capacity--Voting, General Ex-
officio or Staff Ex-officio.
2.General Ex-officio Members.
General Ex-officio member may be reappointed without limitation as to number
of terms.
3. Staff Ex-officio Member.
The Staff Ex -officio member shall serve at the pleasure of the City Council.
YTHCOM.ORD 4/14/93 Page 5
~'7
Section 2.46.060 Operation of Commission.
A. Time of Meetings.
1. "Organizational Meeting". Among such other meetings as the Commission
may desire to have, the Commission shall meet not later than in the first week of July
each year ("Organizational Meeting"), and thereupon shall do the following:
a. Select a Chairperson and a Vice Chairperson from among its Voting
Members to serve for a period of one (1) year.
b. Assign such duties to its members as it determines may be necessary.
c. Deliberate upon agenda issues for further deliberation and discussion
by the Commission.
2. Other Meetings. The Commission shall hold regular meetings on the second
Monday of each month at 6:30 P.M.. The Commission shall meet at such other times
as it shall establish by majority vote, or at such time as the Chairperson thereof may call,
or at such times as a majority of the members thereof may call a meeting.
B. Place of Meetings.
Unless the Commission shall otherwise establish another regular place for its
meetings and advise the City Clerk accordingly, the Commission shall meet in the Parks
and Recreation Conference Room in the Administrative Building at the City Hall
Complex located at 276 Fourth Avenue, Chula Vista, or at such other place as may be
posted upon the door of said Conference Room at least thirty (30) minutes in advance of
the Meeting.
C. Conduct of Meetings.
The meetings of the Commission, and notice thereof, shall be governed by the
same rules and regulations by which the City Council is bound in the conduct of public
meetings.
D. Quorum.
Five Voting Members shall constitute a quorum for the transaction of business.
E. Resolutions.
YTHCOM.ORD 4/14/93 Pogo 6
8"8'"
The affirmative vote of a majority of the entire membership shall be required
for the passage of any resolution of the Commission.
F. Reports and Recommendations.
All reports and recommendations shall be made in writing.
G. Staff Support.
All officers and department heads shall cooperate with and render reasonable
assistance to the Commission. The City Manager may make available staff and clerical
support to the Commission to fulfill its functions and duties, provided such staff and
clerical support is available.
H. Rules and Regulations.
The Commission may make such rules and regulations not inconsistent with the
provisions of this Chapter.
Section III. This ordi ce shall take effect and be in full force on the thirtieth day from
and after' adoption.
d A1'" ,
Bruce M. Boogaard,
City Attorney
YTHCOM.ORD 4/14/93 Page 7
2'''<7
COUNCIL AGENDA STATEMENT
Meeting Date:
ITEM q
April 27,I:t93
B.
Resolution I?P~~pproving the agreement with
the Sweetwater Union High School District for
joint use of the Library facility at EastLake
High School
Resol ution I ')P'1'i"
Agreement with the
company for Interim
Facilities in EastLake
Approving the option
EastLake Development
Library Services and
ITEM TITLE:
A.
C. Resolution I ?Oytj Exercising the Interim
Library Option with the EastLake Development
company for Interim Library Services and
Facilities in EastLake
//
SUBMITTED BY: Deputy city Manager Thomson and }'
Acting Library Direc~or O~
REVIEWED BY: city Manager~ ~O ~\I (4/5's vote: Yes___No-K-)
As part of the FY 1992-93 budget process, the City Council approved
supplemental Budget Memo No. 13 which approved, in concept, the
establishment of interim public library service at the EastLake
High School on a three year trial basis and approved a budget for
that operation, subject to completing agreements with the EastLake
Development Corporation and the Sweetwater Union High School
District (ATTACHMENT C).
Sweetwater District, EastLake High School and city Library staff
have worked together to develop the proposed joint-use agreement
for use of the library facility at EastLake High School on a three
year pilot program basis. The proposed joint-use agreement will be
taken to the Sweetwater Union High School District Board in mid-
May. Approval of the agreement will provide public library service
at the EastLake High School Library commencing on August 2, 1993.
Negotiations between the city and the EastLake Development
Corporation have resulted in a proposed agreement which provides
the city with the option of having EastLake Development Company pay
a fee in lieu of performing specified Interim Library Duties
previoUSly required. This fee will be used to pay for one time
start-up costs, complete funding for the first year of public
library service at the EastLake High School and partial funding for
the subsequent three years.
7-/
ITEM
MEETING DATE:
1,
APRIL
PAGE -L
27. 1993
RECOMMENDATION: That Council adopt the resolutions:
(A) Approving the joint use agreement with Sweetwater Union
High School District,
(B) Approving the option agreement with EastLake Development
Company, and
(C) Exercising the Interim Library option with EastLake
Development Company, subj ect to the approval of the joint
use agreement by the Sweetwater Union High School
District.
BOARD/COMMISSION RECOMMENDATION: On May 27, 1992 the Library Board
of Trustees voted 2-2-1 on the concept of a joint use library at
EastLake High School. (ATTACHMENT D) On March 24, 1993 the Library
Board of Trustees voted 4-0-1 to support the joint-use agreement
with the Sweetwater Union High School District. (ATTACHMENT F)
DISCUSSION:
BACKGROUND
During the summer of 1991 the City Manager was approached by the
superintendent of the Sweetwater Union School District with the
proposal that the City and the District jointly provide service
from the large library then under construction on the EastLake High
School campus. On May 27, 1992 the Library Board took action on
this concept of public Library service at the EastLake High School
(ATTACHMENT D). On June 1, 1992 the City Council approved this
concept as a way of providing at least interim library service at
EastLake. (ATTACHMENT E). At that time it was anticipated that
City library service would begin by January 1993. However, the
complex negotiations with both the EastLake Development Company and
the Sweetwater Union High School District were not finalized until
the Spring of this year.
JOINT USE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE
SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE FACILITIES LOCATED AT
EASTLAKE HIGH SCHOOL (ATTACHMENT A)
The proposed joint-use agreement presents a unique opportunity for
city and District partnership. It will also ensure that residents
of EastLake and other eastern Chula vista neighborhoods have nearby
access to public library services earlier than could otherwise be
provided.
The library building on the EastLake High School campus is
approximately 18,900 square feet, about half of which is devoted to
Cj-J..
ITEM q
MEETING DATE: ~L
PAGE 2-
27. 1993
the library proper. Also within this building is an office area
designated for City library staff. Parking for the public and
staff is available near the administration building and in parking
lots at either ends of the campus.
city staff currently plans to offer public library service from
4:00 to 8:00 pm Monday through Thursday and from 10:00 am to 6:00
pm on Saturdays, a total of 24 hours weekly. A book collection
will be jointly developed by the two parties. The High School
collection currently numbers 8,800 volumes with the City providing
an additional 8,000 volumes within the first year. These
collections will be merged or interfiled together for user
convenience. Access to the EastLake Library collection (as well as
all other Chula vista Public Libraries) will occur through the
city's automated circulation system and online public access
catalog. Daily deliveries of library materials between the
Eastlake High School and the other Chula vista City Libraries will
occur Monday through Friday.
The agreement also specifies:
1. Duration of the agreement for the pilot Library Project
is three years with an option to renew.
2. Except for specifically designated areas such as the City
Librarian's office, the exterior book drop, and the
delivery areas, the District has preferential use of the
library facilities during the school day. The school day
currently ends at 4:00 PM, but is subject to change.
3. city Library hours will be reevaluated on a periodic or
annual basis.
4. On campus parking for city staff and City Library patrons
is provided as indicated on the map Exhibit A of the
Agreement (ATTACHMENT A)
5. The District agrees to provide directional signs to the
library facility from the campus entrance and the parking
lots.
6. Both parties share in the responsibility to provide
library furniture and equipment. For example, the
District will provide adult sized library furniture,
telephone instruments and a book security system. The
city will provide the automated circulation system and
online public catalog, cash register, outside book drop
and children's sized furniture. Both parties will
maintain and repair their respective furnishings and
equipment.
9-3
ITEM
MEETING DATE:
, PAGE -1.....
APRIL 27. 1993
Cj
7. The School Library will follow city policies regarding
patron registration, loan periods, fines, access to
materials and restrictions for delinquencies.
8. Fines and fees collected during each party's hours of
operation will be retained by the cOllecting party.
9. Both parties agree to make reasonable efforts to maintain
and enrich the book collection. The city will provide
children's books which will consti tute 25 % of the
collection at EastLake.
10. The District is responsible for providing bibliographic
records for any books added after the commencement of
this agreement for input into the city's automated
database. However, arrangements can be made to have the
city provide such records for a fee of $1.50 per title.
11. Both parties agree to allow all patrons equal access to
all library materials, regardless of jurisdiction or
ownership. Neither party shall remove, label or prohibit
access to any library material owned by the other party.
12. The District will provide custodial services and pay for
all utilities.
13. The District will provide a 24 hour monitored security
system. The city will provide a security guard inside
the library facility during public library open hours.
14. School and Library personnel will meet on a quarterly
basis to discuss problems, schedules and service issues.
If both the city Council and the District approve this agreement by
mid-May, staff can then order the books and computer equipment and
hire the staff in order to start providing public library service
on August 2, 1993.
OPTION AGREEMENT WITH EASTLAKE DEVELOPMENT COMPANY FOR INTERIM
LIBRARY SERVICES AND FACILITIES IN EASTLAKE (ATTACHMENT B)
The EastLake I and EastLake Greens Public Facilities and Financing
Plans (IPFFPs") imposed certain permanent and interim duties on the
developer with regard to the provision of library services. On an
interim basis EastLake Development was obligated to provide the
city with up to 4,000 square feet of space within the EastLake
Village Center for a storefront library for a period of five years.
In addition, the developer was obligated to provide funding for 1
9..t/
ITEM
MEETING DATE:
-1-,
APRIL
PAGE ~
27. 1993
year of specified staffing and 7,000 to 8,000 books at an
approximate cost of $10 each. The permanent library duty obligated
the developer to provide a one-acre library site within the
EastLake village Center or an alternate EastLake site, if the city
determines a library site is appropriate within EastLake.
The proposed Option
obligation in regards
Duties as follows:
Agreement modifies the developer's PFFP
to both the Permanent and Interim Library
1. The agreement provides the City with the option of
requiring EastLake to pay the City $716,275 over four
years in lieu of performing the above PFFP Interim
Library obligations. EastLake would pay the $716,275 in
the following five payments:
$215,450
$215,450
$ 95,125
$ 95,125
$ 95,125
June 30, 1993
June 30, 1994
June 30, 1995
June 30, 1996
June 30, 1997
The above payments will pay for all the City's one-time
start-up costs and the costs associated with the first
year of operations of the EastLake Library, resulting in
no general fund obligations until FY 1994-95.
In order to exercise the Interim Library option described
above, the agreement provides that the City needs to have
entered into a written agreement with the Sweetwater
Union High School District for at least a three-year
pilot joint use library project. It also provides that
to exercise the option the City Council would adopt a
resolution by October 1, 1993 authorizing the exercise of
the option.
The recommended resolution exercising the Interim Library
Option is thus contingent on the approval of the joint
use agreement by both the city Council and the Sweetwater
union High School District.
2. The agreement clarifies EastLake' s PFFP Permanent library
obligation to provide a one-acre library site for a
permanent library facility within EastLake as follows:
A one-acre site is specified within the core area
of Village Center West that EastLake will reserve
for a permanent library site (adjacent to the
Kaiser medical facility) as indicated in the
?,5
ITEM
MEETING DATE:
3-,
APRIL
PAGE -2-
27. 1993
previously approved EastLake I Activity Center
Precise Plan Guidelines.
The City will decide within three years of the
start of the pilot joint use project at EastLake
High School whether the site reserved in Village
Center West will be needed as a permanent library
site. (There is also a provision for the city to
extend this three-year period by up to two years
for a cumulative total period of up to five years.)
If the City decides it needs the one acre site
reserved in Village Center West for a permanent
library, EastLake will give legal title of the
parcel to the City.
If the city decides the one acre site reserved in
Village Center West is NOT needed, the city has the
option either to trade the parcel for another
similar parcel owned by EastLake within the
EastLake Planned Community Area or to sell the
parcel back to EastLake. If the City elects to
sell the parcel, EastLake is obligated to use good
faith and best efforts to apply for and process
such entitlements as may be necessary to allow the
commercial usage of the parcel. EastLake will pay
the city 100% of the fair market value of the
parcel as then entitled.
FISCAL IMPACT: Over a period of five years the Developer will pay
a $716,275 in lieu fee to the City to pay for costs incurred in
connection with providing library services. The payments in Fiscal
Years 1992-93/1993-94 will cover all EastLake library start-up
costs for furnishings, equipment, computer equipment and software,
supplies and foundation book collection of 8,000 volumes. In
addition, the payments will cover all operating costs through FY
1993-94, including staffing of 1 FTE Senior Librarian, .5 Librarian
I, .5 Library Associate, .5 Senior circulation Assistant, and .5
Library Technical Assistant. Payments in Fiscal Years 1994-95,
1995-96 and 1996-97 will partially cover operating costs. The
Sweetwater Union High School District will provide the library
facility rent and utility free.
9-~
A. RESOLUTION NO. / 71l ?f7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AGREEMENT WITH THE
SWEETWATER UNION HIGH SCHOOL DISTRICT FOR
JOINT USE OF THE LIBRARY FACILITY AT EASTLAKE
HIGH SCHOOL AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
WHEREAS, as part of the FY 1992-93 budget process, the
City Council approved Supplemental Budget Memo No. 13 which
approved, in concept, the establishment of interim public library
service at the EastLake High School on a three year trial basis and
approved a budget for that operation, subject to completing
agreements with the EastLake Development Corporation and the
Sweetwater Union High School District; and
WHEREAS, Sweetwater District, EastLake High School and
city Library staff have worked together to develop the proposed
joint-use agreement for use of the library facility at EastLake
High School on a three year pilot program basis; and
WHEREAS, the proposed joint-use agreement will be taken
to the Sweetwater Union High School District Board in mid-May and
approval of the agreement will provide public library service at
the EastLake High School Library commencing on August 2, 1993; and
WHEREAS, on March 24, 1993 the Library Board of Trustees
voted 4-0-1 to support the joint-use agreement with the Sweetwater
Union High School District.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby approve the Agreement with the
Sweetwater Union High School District for Joint Use of the Library
facility at EastLake High School, a copy of which is on file in the
office of the city Clerk.
BE IT FURTHER RESOLVED that the Mayor of th
Chula vista is hereby authroized and directed to ex
::::::::: ::r and on bohalf of tho city of a:,:::(::a
city of
te said
James R. Thomson, Deputy City
Manager
B uce M. Boogaard,
Attorney
F:\home\attomey\Library .EL
'M-J /9/1-2.
'" T-.
~J
ATTACHMENT A
/',
~, . \
x ., ,,-~ I
Joint Use Agreement
Between the
City of Chula vista
and the
Sweetwater Union High School District
for the Facilities Located at
EastLake High School
1 Parties
This AGREEMENT, is made and entered into and effective as of
the date last executed by the parties ("Effective Date") by and
between the City of Chula Vista, a chartered municipal corporation
of the State of California ("city"), and the Sweetwater Union High
School District ("District"), a political subdivision of the State
of California. The date last executed by the parties is the
Effective Date. This agreement is made with reference to the
following facts:
2 Recitals
2.1 Whereas, Chapter 22 of Part 10 of the Education Code
commencing at Section 17750, of the state of California authorizes
a District to enter into a contract with the county or other
appropriate entity having responsibility for the provision of
public library services in which the district is located for the
purposes of operating a joint-use library facility at a school site
owned by the District.
2.2 Whereas, the city and District are interested in
determining if, through cooperative efforts, the best library
services can be provided with a combined pooling of public
resources; and
2.3 Whereas, a need for library facilities and services exist
in the neighborhoods of eastern Chula vista which is of concern to
both the City and the District; and
2.4 Whereas, the City and the District now seek to define the
responsibilities and rights of the parties concerning the joint use
of the District's facilities.
Contract
April 16, 1993
Page 1
?/f'j
3 Definitions
3.1 The District's Facilities
The District currently owns and operates a library building,
parking lots and service road ("District Facilities") located at
EastLake High School, on EastLake Parkway, in the city of Chula
vista, County of San Diego, State of California, as
diagrammatically presented in Exhibit A hereto.
Library building includes a library service portion consisting
of a reading room, a public access book and materials collections
and a children's library area. Other Service portions include City
Library staff office, storage and delivery areas. A diagram
presenting the footprint of the building with its various portions
and identifiable areas is diagrammatically presented in Exhibit B.
3.2 City Public Library Services Defined
As the
shall mean
information
educational,
term is used herein, "City Public Library Service"
the provision of books, audio-visual materials,
and programming to all potential users for their
cultural, informational and recreational needs.
3.3 Sponsored Group Defined
As the term is used herein in the context of the city Library
sponsoring a group who may use a School District Facility, a
"Sponsored Group" shall mean one or more persons who have been
given written permission by the city to use and conduct an activity
at a Facility herein defined owned by the School District pursuant
to the license herein granted to the City.
3.4 City Library Hours Defined
city Library Hours shall mean those times the Ci~y
reserves for public library service which are the hours
beginning no later than 4: 00 p.m. Monday through Thursday
and extending no later than 9: 00 p. m., and the hours from
9:00 a.m. to 6 p.m. on Saturday. If school hours
change, the City reserves the right to alter Library
hours to coincide with the end of a school day provided
resources are available and use warrants such a change in
City Library hours. The City reserves the option to
provide Library hours on Sundays from 1:00 pm to 5:00 pm.
As of January 1994 the City reserves the option to
discuss provision of public library services during
specified school hours. In addition, City and
contractual repair personnel shall have access to the
facility at all times
Contract
April 16, 1993
Page 2
1~/i
4 Obligatory provisions
NOW THEREFORE, in consideration of their mutual promises, the
parties agree as follows:
4.1 Right of Use
4.1.1 Grant of License to Use
On the terms and conditions herein specified, subject to
the Exceptions herein permitted, and exclusive of the areas of
the School District's Facilities herein specifically and
exclusively reserved to one or the other party ("Reserved
Areas"), and upon the condition that the City Library complies
with the terms, conditions and covenants herein contained, the
School District hereby grants to the city, for the Term herein
specified, an exclusive right (according to the terms herein
contained) license for the city Library, and its Library
Patrons to enter upon, occupy, use and operate said School
District Facilities ("License") during City Library Hours.
4.1.2 Exceptions
None.
4.1.3 Reserved Areas
4.1.3.1 City Library Staff Office
District grants the City the exclusive right to use
the designated office area during school and non-school
hours.
4 . 1. 3 . 2 District Classrooms within Library Building
District retains exclusive right to use of the
classroom areas within the Library building
4.1. 3.3 Parking
District will provide sufficient and convenient free
on-site parking for City Library staff and patrons.
Parking will not be reserved or restricted during hours
without prior agreement between the two parties.
4.1.4 License Inclusions
The License herein granted to the City includes the right
to place or permanently erect materials and equipment neces-
sary for conducting library service or special event
Contract
April 16, 1993
Page 3
9~-~
activities at the District Facilities, subject to written ap-
proval, which shall not be unreasonably withheld or
unreasonably conditioned, of the District. Such materials and
equipment shall be maintained at the sole risk of the City
placing or erecting them and are subject to removal at the
request of the District upon a determination of the District
that the equipment constitutes a threat to the safety of the
District, or the public.
4.2 Term of Agreement
The term of this Agreement shall commence on the Effective
Date and expire on June 30, 1996 ("Nominal Term"). "Term" as used
herein shall mean the Nominal Term as extended or contracted by the
provisions of section 4.3.
4.2.1 Extensions of Nominal Term
On the condition that the parties have a valid grant of
license hereunder, the parties agree that each will review and
consider, at a public hearing of which the other party has
been given notice and the opportunity to be heard, the
advantages and disadvantages of extending the Nominal Term of
this agreement. Each Party agrees to use good faith and best
efforts to render a decision by November, 1995, by
developing a set of criteria to measure the effectiveness of
the agreement. This criteria will be jointly developed by the
District and City by July 1, 1994.
4.3 Causes for Termination, Removal or Suspension
4.3.1 The following shall be case to suspend or
terminate the agreement:
4.3.1.1 Failure of the District to make repairs 'to
District Facilities in a reasonably timely manner after
notification by the City.
4.3.1.2 Destruction of a Facility
4.3.1.3 Loss of Funding by either Party to support
the operation of the Facility
4.3.1. 4 Failure of the District to provide an
environment deemed sufficiently secure by City Library
staff
Contract
April 16, 1993
Page 4
9/9- t
4.3.1. 5 Failure by either Party to make a good faith
effort towards equivalent contributions to the book
collection
4.4 Access to a Facility
4.4.1 Access to District Facilities
4.4.1.1 Access during City Library Hours
Absent written agreement to the contrary as to
specific times and circumstances, the License herein
granted to the City to use the Facilities of the District
shall, during City Library Hours, have preference over
competing District-proposed uses.
4.4.1.2 Access during non-city Library Hours
Absent written agreement to the contrary as to
specific times and circumstances, up through the period
ending December 31, 1993, the License herein granted to
the City to use the Facilities of the District shall,
during non city Library Hours, not have preference over
actual competing District uses, except as stated in
4.4.1.1 and for access to public exterior book drop,
City Library office work areas and delivery area.
4.5 Provision and utilization of materials and equipment and
facilities
The city and District may, subject to mutual agreement
between the City and District librarians, place or erect
materials and equipment necessary for conducting events and/or
activities on the Facilities. Such materials and equipment
shall be maintained at the sole risk of the party placing or
erecting them and are subject to immediate removal at the
request of either party.
4.5.1 Both parties will supply furniture and equipment
as specified in this section.
4.5.1.1 Equipment District shall provide by in a
timely manner after Effective Date of this agreement:
For publ ic
librarian's office furniture to include:
desk
computer workstation
4-drawer file cabinet
2 4-shelf bookcases
1 chair
Contract
April 16, 1993
f/l-?
Page 5
For Library area furniture and equipment to include:
2-seat workstation with electrical outlets for
Infotrac and CD Rom unit 1 adjustable table for
children's area
3M compatible security system theft detection exit
"Book Check" exit to re-sensitize and a brick to
desensitize books
Copier
6 book trucks
Bulletin board for public library staff use
3 phone lines and instruments available for joint
use (See section 3.5.4)
Table or other suitable furniture for OPAC
Book collection suitable for high school use
4.5.1.2 Equipment City shall provide in a timely
manner after Effective Date of this agreement:
Library Automated System and hardware to include 9
terminals, 2 bar code readers, date due guns
FAX machine
Exterior book drop
Display rack for Public Library pamphlets and
handouts
Beeper for City Library security guard
Cash register
Microfilm reader printer
Infotrac System and Magazine collection
CD Rom hardware and software
Chairs for children's area
Conference table and chairs and lockers for Public
Librarian's office
Book collection for library use (See 3.11.4)
4.5.2 Placement of book and audio visual collectio~,
equipment and service areas
4.5.2.1 Both parties agree to the layout set forth
in Exhibit C. Any changes will be negotiated and agreed
to by both parties. This layout includes separate
children's, browsing, paperback, periodical and new book
areas.
4.5.2.2 District and city Library book collections
will be interfiled by classification.
4.5.3 Wiring
4.5.3.1 Library Automated System
District will install, test and maintain wiring for
terminals at all points to be connected to the Mechanical
Contract
April 16, 1993
7/!-~
Page 6
Room to the Multiplexor/Modems and thereby by data
circuit to the Chula vista Public Library at 365 F st.
4.5.3.2 District will provide all cable
connectors including twisted pair cable, COAX cable
or appropriate connectors.
and
DB25
4.5.3.3 City will connect MUx/Modems to DTC at
Chula Vista Public Library.
4.5.3.4 Appropriate District and City staff will
set up terminals/micro computers and test.
4.5.4 Telephones
4.5.4.1 District will arrange installation and
maintenance as well as be responsible for ongoing
operating costs of all phone lines between school
district staff and Pacific Bell and will provide the
telephone instruments, with the exception of the FAX
machine which will be supplied by the city. The city
will maintain the FAX machine and be responsible for line
charges for the FAX machine.
4.5.4.2 Telephone lines and instruments will be
provided and installed by the District at the following
locations and in the following time frames. Each
telephone instrument will at least accommodate the number
of lines specified for each location.
4.5.4.2.1
Circulation Desk
Four lines will be installed at the
Circulation Desk. Two telephones will each
accommodate all four of the phone lines. The four
lines will be composed of two school lines and two
city library lines. The two school lines and one
City library line will be installed. The second
city library line, which will be published to the
public, will be installed before the city library
opens to the public.
The fifth line will be installed at the
Circulation Desk for a FAX machine. The District
will arrange the installation. The City will
provide the FAX machine.
4.5.4.2.2 Librarians' Offices
A telephone instrument with both of the school
lines from the Circulation Desk will be placed in
the School Librarian's office.
Contract
April 16, 1993
rd ~/
Page 7
A telephone instrument with the first public
library line from the Circulation Desk will be
placed in the City librarian's office. The second
City library line from the Circulation Desk will be
installed in the City librarian's office on the
same telephone instrument before the City library
opens to the public. One telephone line in the
City librarian's office will be provided with long
distance access.
4.5.5. Signs
4.5.5.1 District will provide and maintain signage
in a manner satisfactory to the City. Existing permanent
interior signage, banners, pennants, flags, posters, and
signs in the public service area of the library building
cannot be changed without mutual agreement between the
District and the City.
4.5.5.2
Temporary Interior Signs
Temporary banners, pennants, flags, posters, signs
in public services areas of the Library Building must be
posted within pre-designated areas for each respective
party. The District and the City libraries are solely
responsible for approval of posting in their own pre-
designated areas.
4.5.5.3 Permanent Exterior Signage
Exterior of Library Building will be labeled
"Library" in block letters in a prominent location near
both entrances of the building.
4.5.5.4
Day/Hours Signs
;.
City will permanently post a public library day and
hours sign clearly visible at both entrances to the
Library Building.
4.5.5.5
Exterior Directional Signs
The District will provide directional signage to the
Library Building from the campus entrance at EastLake
Parkway and from all parking lots.
4.5.6
Event of Termination
In the event of termination of this agreement, city owned
books and equipment will be removed and returned to the City.
Contract
April 16, 1993
?4~/t/
Page 8
4.6 Use Limitations
It is expressly agreed that the Facilities licensed hereunder
are to be used, and shall be used, for the purposes of providing
library services and for such other related or incidental purposes
as may first be approved in writing by the chief executive officer
of the District, and for no other purpose whatsoever. The City
shall not use the District's Facilities for any other purpose ("Use
Duty") .
4.6.1 Specific violations of Use Duty
without limitation as to other possible violations of the
Use Duty, the City shall specifically not permit the following
uses by themselves or their Sponsored Groups:
4.6.1.1 Political Activities
The city shall not use and shall not permit or
tolerate the use of a District Facility for campaigning
or otherwise working for the nomination or election of
any individual to any public office, partisan or
nonpartisan, or for any ballot measure, including any
initiative, referendum, or advisory vote, except with the
advance written permission of the District.
4.6.1.2 Regular Church Services
The City shall not use and shall not permit or
tolerate the use of a District's Facility for regular
church or religious services.
4.6.1.3 Alcohol and Drugs
The City shall not allow alcohol or illegal drugs to
be sold, used or consumed in, on or about a District
Facility. The city shall not permit or allow any portion
of a District Facility to be rented or utilized by any
Sponsored Group that intends to provide or permit
alcoholic beverages at an event or meeting. A Party
shall make these facts known, in writing and through oral
communications, to all staff members and users at a
District's Facility.
4.7 Planning and Scheduling Meetings
4.7.1 Duty to Hold Planning and Scheduling Meetings
On a quarter-year basis commencing and occurring each
year not later than the last day of the month of January,
April, July and October or on such other date as the parties
may agree, but in no event later than 70 days prior to the
commencement of the period which shall be the subject of the
Contract
April 16, 1993
C;/I ~//
Page 9
meeting ("Scheduling Period"), City and District, by and
through their respectively assigned staff members, shall meet
and confer jointly with regard to programs and services. Such
meetings shall be referred to as "planning and Scheduling
Meetings". Each party is required to attend Planning and
Scheduling Meetings. It shall also be a permissible subject
of such quarterly meetings to discuss operational problems
experienced by the Parties.
4.7.2 Duty to Permit other Group Use
Both parties may permit other group use during their
respective operating hours.
4.7.3
Programs
City reserves the exclusive right to conduct Library
programs such as story hours on the Library premises during
Public Library operating hours.
4.8 Duty to Supervise
During all such times as all or part of a District Facility is
used by the City, or a Sponsored Group of the city, as herein
permitted, the City shall be responsible for providing and shall
provide, competent, on-site supervision of said Sponsored Group by
an appropriate contingent of responsible adults, and such appropri-
ate security therefore necessary to prevent property damage or
intentional personal injury to any person.
4.9 Operation Expense, Maintenance and Repair
Except as herein provided, the District agrees to operate,
maintain and repair, at its expense, the Facilities in its
condition as it exists upon completion of construction of such
Facilities, or a functional equivalent of their condition as it
exists upon completion of construction, normal wear and tear
excepted.
City agrees to maintain computer hardware as
furnishings provided by the city. District will allow
the Library by City Staff and Authorized Repairmen.
well as
access to
4.9.1 Major Repairs
To the extent that a Major Repair to the Facility is
required, the District shall diligently attempt, in good faith
to secure the repair of the Facility by estimating the cost of
repair, budgeting funds for same, designing the repair, and
implementing the design, all of which shall be done to the
extent that funds are available to do so.
Contract
April 16, 1993
7 /l'l~
Page 10
4.9.2 Identifiable Damage
Notwithstanding the foregoing, if a City library staff
member or patron or anyone of its sponsored Groups, or one
of their members, guests or attendees, has caused damage to
the interior of the designated library area of the building
during City Library Hours or the City library staff office,
regardless of negligence the city shall pay for the repair of
same.
4.9.3 Fee Waiver
The District shall make their respective Facilities
available to the City, or a Sponsored Group of the City, free
of charge unless a fee is charged to the users or attendees
at such event or activity. If such a fee is charged, unless
the parties otherwise agree the District may impose a charge
on the Ci~y for the use of the Facility, but not on a basis
different from the rate at which the city charges the users or
attendees, or in an amount in excess of the fee charged by the
city. All groups, free or charged, must file a District
Facilities User Permit prior to use.
4.10.
Facility Modification or Removal Rights
Except with the written consent of the other party to this
Agreement, granted by written resolution of the governing board of
said party, no Facility shall be modified or removed from service.
4.11 Operational Matters
4.11.1 Policy and Procedure Training
4.11.1.1 The City Library shall cause and train its
employees to comply with procedures in a manual
("Procedures Manual") prepared by the District for the
use of a District's Facility regarding utility turn-offs,
alarm responses, locking up/closing, key distribution,
facility damage (including graffiti reporting.
4.11.1.2 city Library Staff will conduct training
on the library automated system to District Library key
staff (Maximum of 5) and provide written documentation
for procedures prior to implementation within two weeks
of installation of library automated system terminals.
4.11.1.3 city staff will provide written policies
for circulation procedures within two weeks of
installation of library automated system terminals.
Contract
April 16, 1993
//J~//
Page 11
4.11.2 Key Distribution
The District must provide a Library Building Grand
Master key for Senior Librarian. Exterior door keys
must be provided for Library Administration, delivery
Driver, Librarian I, Library Associate and Senior
Circulation Assistant.
4.11.3 Library Automated System
4.11.3.1 All bibliographical and item records in
the library automated system are the property of the
City. However, in the event that this agreement
terminates, the City shall provide a machine readable
version of the school libraries bibliography and item
records. The cost, if any, to produce such records will
be equally shared by the District and the City.
4.11. 3.2 city will provide access to Library
Automated System circulation, OPAC and database
maintenance functions in accordance with City Library
procedures.
4.11.3.3 City staff will cooperate with school to
provide special computer-generated reports as requested
and resources available.
4.11.3.4 City Staff will assist during the
installation and implementation of the library automated
system at the school site.
4.11.3.5 District staff agrees to follow City
Library procedures in the use of the system and maintain
the patron item database for currency and accuracy.
4.11.3.6 District agrees to follow city Library
conditions regarding security of the database and access
to the system.
4.11.3.7 Reasonable and ordinary maintenance and
repair will be the responsibility of the City. District
will be responsible for damage to library automated
system computer equipment due to gross negligence and
vandalism during school operating hours.
4.11.3.8 city staff will be responsible for the
functioning and maintenance of the library automated
system. Questions and maintenance problems will be
addressed to City Library staff.
Contract
April 16, 1993
9/J--I!
Page 12
4.11.4 Circulation Procedures
4.11.4.1 District may begin utilization of
library automated system immediately following
training and promulgation of written policies
procedures. (See 4.11.1.3)
City
City
and
4.11.4.2 District will comply with circulation
policies regarding registration, loan periods, limits,
restricting delinquent patrons, overdue notices
established by the City.
4.11.4.3 District agrees to fines and fees policy
in effect at City. These fines and fees are part of the
city's master fee schedule.
4.11.4.4 Each party will retain fines and fees
collected during their respective hours of operation.
4.11. 4.5 Money collected for lost books will be
retained by party that owns the book. Both parties will
issue and retain receipts for lost books regardless of
ownership.
4.11.4.6 Any changes in circulation policy will be
negotiated but changes may not contradict a City policy.
4.11.4.7 Both parties agree to allow equal access
and use to all patrons regardless of jurisdiction to all
items in the collection at the EastLake Library
regardless of ownership. school text books and media
materials are excepted.
4.11.4.8 City Library staff will provide delivery
service between library at EastLake High School and other
city library outlets daily Monday through Friday. The
District will provide accessible site for deliveries.
4.11. 4.9 City staff will supply overdue notices and
reports directly to the school in accord with regular
City Library schedule. District will deliver overdue
notices to its students.
4.11.4.10 city staff will cooperate with school to
provide special computer generated reports and notices as
requested and resources are available.
4.11.4.11 District may withhold EastLake High
School student grades and transcripts for students with
delinquent EastLake Library books only. City will
provide District with a listing of these delinquencies
in a timely manner.
Contract
April 16, 1993
C;A ~/~
Page 13
4.11.4.12 Library patrons
Library) may request inter-branch
city libraries.
(students and City
transfers from other
4.11. 4.13 District staff will deal with student
patron issues and parent-student concerns regarding
Library materials and their use.
4.11.4.14 All registration and circulation records
in the Library automated system are the property of the
city. A printed and/or electronic copy of those
registration and circulation records pertinent to
EastLake High School students and staff will be provided
to the District when this agreement is terminated.
4.11.4.15 All registration and circulation records
shall remain confidential and shall not be disclosed to
any person, local agency, or State agency except as
follows:
a. By the City Library Director or his/her
designee acting within the scope of his or her
duties within the administration of the
library.
b. By a person authorized, in writing, by the
individual to whom the records pertain.
c. By order of the appropriate superior court.
The District shall insure that this confidentiality
is maintained.
4.11.5 Collection Development and Cataloging
4.11.5.1 Both parties will agree to support their
areas of responsibility in ongoing collection development
and make reasonable fiscal commitment annually to build
and maintain the book collection.
4.11.5.2 Both parties will coordinate the selection
process to avoid unnecessary duplicates or gaps.
4.11. 5.3 City agrees to provide "J" classed
materials collection which will ultimately constitute 25%
of the book capacity.
4.11.5.4 Both parties will use the Dewey Decimal
system to classify the book collection.
4.11.5.5 District agrees to
designations (e.g., Spanish, Mystery,
currently in use at the City Library.
be negotiated by both parties.
those collection
Picture Books)
Any changes will
Contract
April 16, 1993
~/1 ~/t-
Page 14
4.11.5.6 District agrees to designate EastLake High
School materials by the collection codes in the library
automated system.
4.11.5.7 For the opening day collection, District
will provide City data from a third party vendor to be
loaded into the library automated system.
4.11.5.8 The District is responsible for providing
machine readable MARC records for bibliographic and item
data input to city specifications. If the District is
unable to supply machine readable MARC records, the city
will input bibliographic and item records at a fee of
$1.50 per title.
4.11.5.9 Each party will physically process their
own additions to the collection according to procedures
agreed in planning sessions, Le., the City Library
current practice for placement of bar codes, spine labels
and identification marks.
4.11.5.10 District will maintain their portion of
the database per procedures determined by the City
Library.
4.11.5.11 District will inform city Library of any
necessary maintenance needed for bibliographic data and
item level data for City Library items.
4.11.6 Intellectual Freedom
4.11.6.1 The City Library subscribes to the
American Library Association's Library Bill of Rights and
Freedom to Read Statement.
4.11.6.2 Neither party shall remove, label, or
prohibit access to any book, periodical, audio visual
material, microfilm and/or public use computer and CD ROM
software owned by the other party.
4.11.7 Hazardous Materials
If a party knows, or has reasonable cause to believe,
that any hazardous substance has been released on or beneath
the premises on which any Facility is located or proximate to,
that party shall give written notice to the chief executive
officer of the Board of the other party within ten (10) days
of receipt of such knowledge or cause for belief. Provided
however, if a party knows, or has reasonable cause to believe
that such substance is an imminent and substantial danger to
public health and safety, said party shall notify the chief
executive officer immediately upon receipt of this knowledge
or belief and shall take all actions necessary to alleviate
Contract
April 16, 1993
~~ ~/7
Page 15
such danger. A party shall notify the other party immediately
of any notice of violation received or initiation of
environmental actions or suits, publicly or privately brought,
relative to the premises. In addition, neither party shall
utilize or sell any hazardous substance on the property
without the prior written consent of the other, except for
normal cleaning, construction or other similar types of
supplies.
4.11.8 Standard of Employees
The City, and its employees and agents, shall at all
times conduct themselves and the operations a District's
Facility in a prudent manner.
4.11.9 Staffing
The City shall provide sufficient staffing of events and
programs to be held or conducted at a District Facility.
4.11.10
Alarm System
The District will be responsible for intrusion alarm system.
4.11.11 Normal Cleanup Maintenance
The District shall provide custodial services in the
Library building at times mutually agreed upon by the District
and the City.
4.12 Insurance, Indemnity, and Risk Sharing Duties
4.12.1
Injury
Liability for Damage--Property and Personal
The city shall be liable for all property damage and
personal injury that occurs by itself or city library patrons,
or a Sponsored Group of the City or their members, guests or
attendees, while in the interior of the Library building
during City Library Hours only and shall hold the District
harmless from any and all such loss, adverse judgments,
settlements, or other liability, and shall defend the District
with regard to same at the request and tender of the District.
4.12.2 Reciprocal Indemnity for Invitee's, Employee's,
or Trespasser's Personal and Property Injuries Not Caused by
Design, Construction, Maintenance or Repair.
Each Party ("Indemnifying Party") indemnifies each other
Party ("Indemnified Party"), holds the Indemnified Party
harmless, and agrees to defend the Indemnified party, against
loss, damage or liability on a claim, the adverse judgment,
adverse order on, or good faith settlement of, such a claim,
Contract
April 16, 1993
7/l ~) t
Page 16
including attorneys fees and court costs in defending such
claim, suffered by an Indemnified Party due to personal injury
to, or damage to the property of, a patron (including
permittee) of an Indemnified Party ("Indemnified's Invitee"),
an employee ("Indemnified's Employee") of an Indemnified
Party, or to a trespasser or other uninvited person, at the
Facility (except to the extent that said claim is based on an
act or omission of design, construction, including building
materials, maintenance or non-maintenance, repair or non-
repair by the Indemnifying Party) primarily caused by the act
or omission of the Indemnifying Party, their employees or
invitees.
4.12.3 Reciprocal Indemnity for Property Damage Suffered
by a Party Not Caused by Design, Construction, Maintenance or
Repair.
4.12.3.1 Property Damage
Each Party ("Indemnifying Party") indemnifies each other
Party ("Indemnified Party") and holds the Indemnified Party
harmless, from any property damage suffered by the Indemnified
Party at the Facility primarily caused by the act or omission
of the Indemnifying Party, their employees or invitees, other
than by acts of design, construction (including building
materials), maintenance or non-maintenance, repair or non-
repair.
4.12.3.2 Claim on Property Damage
Each Party ("Indemnifying Party") indemnifies each
other Party ("Indemnified Party") and holds the
Indemnified Party harmless from, and agrees to defend the
Indemnified Party on, for any liability on any claim for
property damage suffered a Party at the Facility (except
to the extent that such claim is based on an act or
omission of design, construction, including building
materials, maintenance or non-maintenance, repair or non-
repair by the Indemnifying Party) primarily caused by the
act or omission of the Indemnifying Party, or their
employees, other than by acts of design, construction
(including building materials), maintenance or non-
maintenance, repair or non-repair.
4.13 Liability for Design and Construction
Loss, damage or liability sustained by the City or a City
Library Patron during the term of the Joint Use Agreement, either
directly or indirectly as a result of a third party claim of
injury, damage, or other loss, resulting primarily from, or claimed
to be caused by, inadequate or improper design of the Facility
including failure to comply with the requirements of the California
State Architects for the construction of public educational
Contract
April 16, 1993
Page 17
9Ar/;
facilities, construction of the Facility, choice of building
materials used in the Facility, modifications of the Facility shall
be borne by the District. This covenant shall survive the
termination of this agreement.
4.14 Liability for Losses Caused by Repair and Maintenance
Losses sustained by the city during the use of a license to
the City, either directly or indirectly as a result of a third
party claim of injury, damage, or other loss, resulting primarily
from, or claimed to be caused by, inadequate or improper repair or
non-repair of the Facility, or maintenance or non-maintenance of
the Facility, shall be borne by the District. This covenant shall
survive the termination of this agreement.
4.14.1 Security
4.14.1.1 District is responsible for campus security
and for the provision of a 24-hour monitored security
system.
4.14.1.2 The City will provide a security person
during City Library Hours for interior of library only.
4.14.1.3 The District will secure portion of
building which is unused during City Library operating
hours.
5 Rights Expressly Reserved by the Parties
5.1 Related Council Actions
By the granting of this license, neither party is obligating
itself to any other governmental agent, board, commission, or
agency with regard to any other discretionary action relating to
development or operation of a Facility. Discretionary actk>n
includes, but is not limited to rezoning, variances, environmental
clearances or any other governmental agency approvals which may be
required for the development and operation of the Facility.
5.2 No Liability for Lack of Quiet Enjoyment
A degree of reasonableness governing on-site activities should
prevail and every attempt to achieve mutually satisfactory
solutions will be made by both parties through adequate
communications, advance preparation and other measures to lessen
the impact of on-site activities on optimal library use.
5.3 Eminent Domain
Nothing herein shall be construed as an abandonment of a
party's right of eminent domain.
Contract
April 16, 1993
1/1 ~ J-(}
Page 18
6 Remedies for Breach
6.1 Default in Performance
If a party shall default in the performance of any covenant or
condition required by this Agreement to be performed by such party,
then the other party will give the breaching party written notice
citing such default and demand the breaching party or any person
claiming rights through breaching party to correct such default
noticed, and upon giving such notice, the breaching party shall
correct such default as soon as practicable, but in no event, later
than 30 days. Failure of breaching party to correct default shall
not result in termination of the License which is the subject
matter of this Agreement, but may be the basis for an injunctive
order, writ of mandate, or other equitable action.
6.2 Waiver
Any waiver of a default by either party is not a waiver of any
other default. Any waiver of a default must be in writing and be
executed by the chief executive officer of the party in order to
constitute a valid and binding waiver. Delay or failure to
exercise a remedy or right is not a waiver of that or any other
remedy or right under this lease. The use of one remedy or right
for any default does not waive the use of another remedy or right
for the same default or for another or later default.
6.3 Miscellaneous
6.3.1 Construction Against Draftsman
This agreement has been fully negotiated by all parties,
and no construction or interpretation is to be made hereof on
the basis of draftsmanship of the document.
6.3.2
Successors
Time is of Essence; Provisions Binding on
Time is of the essence of all of the terms, covenants and
conditions of this lease and, except as otherwise provided
herein, all of the terms, covenants and conditions of this
lease shall apply to, benefit and bind the successors and
assigns of the respective parties, jointly and individually.
6.3.3 Assignment and Subletting
Except as herein provided, neither party shall assign
this license, or any interest therein, and shall not
sublicense the real property or any part thereof, or any right
or privilege appurtenant thereto, or suffer any other person,
except employees, agents, guests and permittees of the party,
to use or occupy the real property or any part thereof,
without the prior written consent of the other party in each
Contract
April 16, 1993
~/J ~;2/
Page 19
instance. A consent to assignment, subletting, occupation or
use by any other person shall not be deemed to be a consent to
any subsequent assignment, subletting, occupation or use by
another person. Any such assignment or subletting without
such consent shall be void.
The license granted by this Agreement is personal to the
grantee.
6.3.4 Encumbrance
Neither party may encumber this license, its leasehold
estate and its improvements thereon by deed of trust,
mortgage, chattel mortgage or other security instrument during
the terms hereof.
6.3.5 No Inverse Condemnation
The exercise of any right under this lease shall not be
interpreted as an exercise of the power of eminent domain and
shall not impose any liability upon either party for inverse
condemnation.
6.3.6 Notices
All notices and demands shall be given in writing by
personal delivery or first-class mail, postage prepaid.
Notices shall be addressed as appears below for the respective
Party; provided that, if any Party gives notice of a change of
name or address, notices shall be appropriately modified to
reflect such changes. Notices shall be deemed received
seventy-two (72) hours after deposit in the United States
mail.
Notice to the District:
Sweetwater Union High School District
Superintendent
1130 Fifth Avenue
Chula vista, CA 92011
Notice to the City:
City of Chula vista
City Manager
276 Fourth Avenue
Chula Vista, CA 92010
6.3.7 Compliance with Law
Both parties shall at all
occupancy, and operation of a
times in
Facility
the maintenance,
comply with all
Contract
April 16, 1993
9 /J r~J-
Page 20
applicable laws, statutes, ordinances, and regulations of
City, county, state, and Federal Governments, at that party's
sole cost and expense. In addition, both parties shall comply
with any and all notices issued by the other party under the
authority of any such law, statute, ordinance, or regulation.
6.3.8 city Approval
The approval or consent of city, wherever required in
this license, shall mean the written approval or consent of
the city Manager unless otherwise specified, without need for
further resolution by the City Council.
6.3.9 Partial Invalidity
If any term, covenant, condition, or provision of this
license is found invalid, void, or unenforceable by a court of
competent jurisdiction, the remaining provisions will remain
in full force and effect.
6.3.10 Captions
The section headings, and captions for various articles
and paragraphs shall not be held to define, limit, augment, or
describe the scope, content, or intent of any or all parts of
this lease. The numbers of the paragraphs and pages of this
lease may not be consecutive. Such lack of consecutive
numbers is intentional and shall have no effect on the
enforceability of this lease.
6.3.11 Entire Understanding
This license contains the entire understanding of the
parties. Both parties, by signing this agreement, agree that
there are no other written or oral understanding between the
parties with respect to the licensed premises. Each party has
relied on its own examination of the premises, advice from its
own attorneys, and the warranties, representations, and
covenants of the lease itself. Each of the parties in this
license agrees that no other party, agent, or attorney of any
other party has made any promise, representation, or warranty
whatsoever which is not contained in this lease.
The failure or refusal of any party to read the license
or other documents, inspect the premises, and obtain legal or
other advice relevant to this transaction constitutes a waiver
of any objection, contention, or claim that might have been
based on these actions. No modification, amendment, or
alteration of this lease will be valid unless it is in writing
and signed by all parties.
Contract
April 16, 1993
Page 21
//l~;2)
6.3.12 City Employee Participation Policy
It is the policy of City that all City contracts,
agreements or leases with consultants, vendors or clubs shall
include a condition that the contract, agreement or lease may
be unilaterally and immediately terminated by City if the
contractor or District employs an individual who within the
twelve months immediately preceding such employment did in
his/her capacity as a City officer or employee participate in
negotiations with or otherwise have an influence on the
recommendation made to the city Council in connection with the
selection of the contractor.
6.3.13 Disputes
Any dispute involving this Agreement may be submitted in
writing to the City's Library Director or his/her designee and
to the District's Director of Operations and the District's
High School Principal. The Parties, in good faith, shall
attempt to resolve said dispute before arbitration may be
sought by either Party.
6.3.14 Arbitration
Any controversy arising out of this Agreement or its
breach shall be settled by arbitration if, prior to the
commencement of any legal proceeding arising out of this
Agreement or its breach, either Party demands by written
notice that such controversy be arbitrated. After such
demand, and within ten (10) days from such demand, the Parties
shall attempt to designate a mutually acceptable individual to
arbitrate the controversy. If within the ten (10) day period
the Parties are unable to designate an individual, the
controversy shall be arbitrated under the rules of the
American Arbitration Association, and judgment on the award
rendered by the arbitrator chosen by the Parties or used
pursuant to the rules of the American Arbitration Association
may be entered in any court having jurisdiction and shall be
fully binding on the Parties.
6.3.15 Amendment
This Agreement may only be amended by the written consent
of all the Parties at the time of such amendment.
6.3.16 Entire Agreement
This
contains
covered.
Agreement supersedes any prior agreement and
the entire agreement of the Parties on the matters
No other agreement, statement or promise made by any
Contract
April 16, 1993
Page 22
~/J-02Y
Party or by any employee, officer or agent of any Party that
is not in writing and signed by all Parties shall be binding.
6.3.17 Exhibits
All exhibits to which reference is made are deemed
incorporated in this Agreement, whether or not actually
attached.
6.3.18 Further Assurances
Each Party hereto agrees to perform any further acts and
to execute and deliver any further documents which may be
reasonably necessary to carry out the provisions of this
Agreement.
6.3.19 Governing Law
This Agreement has been executed in and shall be governed
by the laws of the state of California.
6.3.20 Headings and Interpretation
This Agreement shall be construed as a whole and in
accordance with its fair meaning. Captions and headings are
for convenience and shall not be used in construing meaning.
6.3.21 Counterparts
The Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but
all of which together shall constitute one and the same
instrument.
6.3.22 Authority
The City and the District represent that the individuals
signing this Agreement have full right and authority to bind
their respective Parties to this Agreement.
6.3.23 Invalidity
If any term, covenant, condition or provision of this
Agreement is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
Contract
April 16, 1993
Page 23
~l/Jc23
6.3.24 No Strict Construction
This Agreement shall not be strictly construed against
any Party hereto.
6.3.25 Nothing herein gives
interest in real property to either
cause or permit this Agreement to
Recorder's Office.
rise to a recordable
party. No party shall
be recorded with the
(End of page. Next Page is signature Page.)
Contract
April 16, 1993 Page 24
~/)/)!;
Signature Page to
IN WITNESS HEREOF, the City and the District have executed
this Agreement thereby indicating they have read and understood the
same, and indicate their full and complete consent to its terms:
Dated:
, 1992
city of Chula vista
by:
Tim Nader, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
Bruce Boogaard, city Attorney
Dated:
, 1992
Sweetwater Union High
School District
by:
Steve Hogan, President
Board of trustees
by
John Rindone
District Superintendent
Contract
April 16, 1993
~/fl/;27
Page 25
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B. RESOLUTION NO.
) ?1IK'r
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE OPTION AGREEMENT
WITH THE EASTLAKE DEVELOPMENT COMPANY FOR
INTERIM LIBRARY SERVICES AND FACILITIES IN
EASTLAKE, AND AUTHORIZING THE MAYOR TO EXECUTE
SAME
WHEREAS, negotiations between the City and the EastLake
Development Corporation have resulted in a proposed agreement which
provides the City with the option of having EastLake Development
company pay a fee in lieu of performing specified Interim Library
Duties previously required; and
WHEREAS, this fee will be used to pay for one time start-
up costs, complete funding for the first year of public library
service at the EastLake High School and partial funding for the
subsequent three years.
WHEREAS, on May 27, 1992 the Library Board of Trustees
voted 2-2-1 on the concept of a joint use library at EastLake High
School.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve the Option Agreement
with the EastLake Development Company for Interim Library services
and Facilities in EastLake, a copy of which is on file in the
office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista be, and he is hereby authorized d directed 0 execute
said Agreement for and on behalf of the . y of Chula v,i a.
James R. Thomson, Deputy city
Manager
Presented by
F:\home\attomey\Library .EL
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ATTACHMENT B
OPTION AGREEMENT FOR
INTERIM LIBRARY SERVICES AND FACILITIES IN EASTLAKE
This OPTION AGREEMENT FOR INTERIM LIBRARY SERVICES AND
FACILITIES IN EASTLAKE ("Agreement"), dated this April 6, 1993
for the purposes of reference only, and effective as of the date
last executed by the parties, is between THE CITY OF CHULA VISTA,
a chartered municipal corporation of the State of California,
("City") and EASTLAKE DEVELOPMENT COMPANY, a California General
Partnership ("Developer"), and is made with reference to the
following facts:
RECITALS
A. Permanent and Interim Library Duties. The EastLake 1
and EastLake Greens Public Facilities and Financing Plans
("PFFPs") impose on Developer certain permanent and interim
duties with regard to the provision of library services as
follows:
(i) Permanent Library Duty. "As an obligation of SPA
#1, a one-acre library site shall be dedicated to the City of
Chula Vista [by EastLake) if the City determines that a branch
library site is appropriate within the EastLake Planned Community
area. If needed, the library site would be incorporated within
the EastLake Village Center area with the actual site to be
determined by the City in the context of subsequent site plan
approval processes associated with the project area. Alternative
locations within future EastLake SPA's will also be considered."
Developer shall also be required to pay any required Development
Impact Fees attributable to libraries. These obligations of
Developer may herein be referred to as the "PFFP Permanent
Library Duties".
(ii) Interim Library Duty. "As a further obligation,
the Developer will provide the City of Chula Vista with up to
4,000 square feet within the EastLake Village Center for interim
storefront library purposes. The space would be provided at no
cost to the City for a period of 5 years. In addition, funding
for 1 year for 2 librarians, 4 clerks and 6 part-time aides as
well as for the purchase of 7,000 to 8,000 books (approximately
$10.00 each) has been required." Those obligations of Developer
may herein be referred to as the "PFFP Interim Library Duties".
B. Subject Property for PFFP Permanent Library Duties.
The EastLake I Activity Center Precise Plan Guidelines ("Precise
Plan Guidelines") approved June 30, 1992 require that: "A one
acre City of Chula Vista library site with public access shall be
ellib6.wp
March 25, 1993
PILOT LIBRARY PROJECT OPTION
Page 1
LJIJ -}
reserved for dedication within the Core Area of Village Center
West" (which is also known by EastLake as Village Center North).
Relevant sections of the Precise Plan Guidelines (pages 14 and 53
and Exhibits 2 through 5) are attached as Exhibit A. Although
the actual library site will need to be determined in the context
of subsequent preparation and review of a Precise Plan for the
Core Area of Village Center West, the area designated as
"Landmark Building" on Exhibit 4 and as the "Library Site" on
Exhibit 5 of the Precise Plan Guidelines ("Presently Designated
Permanent Library Parcel") shall be reserved in order to fulfill,
in part, Developer's PFFP Permanent Library Duties.
C. Pilot Library Project. The City desires to attempt to
provide library services to the general public on a more cost
effective basis, and in that regard, desires to negotiate an
agreement with the Sweetwater Union High School District
("District") for the joint use and operation of a library
facility at the EastLake High School campus on an interim basis
instead of at the storefront location, and perhaps on a permanent
basis instead of at the Presently Designated Permanent Library
Parcel. In order to determine if such a cooperative effort can
be worked out on a long term basis to the mutual satisfaction of
both the District and the City, the City and the District have
been entertaining, in conceptual terms, a pilot program for
contributing books to, and sharing and maintaining the facility
at, and permitting access by the general public to, the EastLake
High School Library ("Pilot Library Project").
D. Developer and City desire to enter into this Agreement
to provide for the City's option to modify Developer's PFFP
Interim Library Duties and Developer's PFFP Permanent Library
Duties, according to the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the recitals set forth
above, and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties
agree as set forth below.
OBLIGATORY PROVISIONS
l.
Duties.
Option to Pay Fee in Lieu of Performing Interim Library
1.1 Grant of Interim Library Option. Developer hereby
grants to City an option ("Interim Library Option") exercisable
on the occurrence of the conditions precedent, that in lieu of
performing the PFFP Interim Library Duties to City, Developer
will pay to City an amount equal to $716,275 ("In Lieu Fee"). If
City properly exercises the Interim Library Option pursuant to
Section 1.3 below, then Developer shall pay the In Lieu Fee to
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March 25, 1993
PILOT LIBRARY PROJECT OPTION
Page 2
7g~i
City in the following payments which will be made on or before,
but in no event later than, three (3) days after, the following
dates:
$215,450
$215,450
$ 95,125
$ 95,125
$ 95,125
June 30, 1993, or ten days after the City
exercises the Option, whichever is later;
June 30, 1994;
June 30, 1995;
June 30, 1996; and
June 30, 1997.
City shall be required to use the entire amount of the In Lieu
Fee paid by Developer to pay costs incurred in connection with
providing library services. The In Lieu Fee shall not be
credited against any Development Impact Fees payable by
Developer.
1.2 Term of Option. The term of the Interim Library
Option shall commence on the effective date of this Agreement and
shall terminate on October 1, 1993 ("Interim Library Option
Term"). Developer shall be entitled to extend the Interim
Library Option Term by delivering written notice to City setting
forth the length of the extension prior to October 1, 1993.
1.3 City's Exercise of Interim Library Option.
1.3.1 Condition Precedent to Exercise. City
shall be entitled to exercise the Interim Library Option if and
only if, prior to the expiration of the Interim Library Option
Term, the City has entered into a written agreement with the
District for the Pilot Library Project, which agreement shall be
for a minimum term of three (3) years. .
1.3.2 Method of Exercise. Provided that the
condition precedent set forth in Section 1.3.1 has been fully
satisfied, City shall exercise the Interim Library Option by
adopting a Resolution of the City Council on or before the
expiration of the Interim Library Option Term (as such may be
extended) which provides for and authorizes the exercise of the
Interim Library Option by City.
1.4 Failure to Exercise Option. If City fails to
exercise the Interim Library Option pursuant to Section 1.3
above, then the Interim Library Option shall expire and Developer.
shall be required to perform the PFFP Interim as well as
Permanent Library Duties pursuant to the PFFPs and the Precise
Plan Guidelines.
1.5 Full Satisfaction of PFFP Interim Library
Duties. If City properly exercises its Interim Library Option,
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March 25, 1993
PILOT LIBRARY PROJECT OPTION
Page 3
(V/}
then Developer's payment of the In Lieu Fee to City according to
the terms and conditions set forth herein shall be in full and
final satisfaction of all of Developer's PFFP Interim Library
Duties.
2. Permanent Library Duties.
Nothing herein, except in this section provided, shall
affect the Developer's PFFP Permanent Library Duties.
2.1 Reservation of Presently Designated Permanent Library
Parcel.
Developer agrees to retain under the Developer's
ownership, title and possession, and to withhold development
upon, the Presently Designated Permanent Library Parcel, except
with the advance written permission of the City Council, until
the Actual Permanent Library Site is determined. If the
beneficial title to the Presently Designated Permanent Library
Parcel is retransferred to the Developer in the manner specified .
below, Developer may then sell, lease and/or develop the
Presently Designated Permanent Library Parcel within the
constraints of this Agreement and zoning and planning law and
ordinances of the City of Chula Vista, but nothing in this
paragraph shall be deemed to relieve Developer from its PFFP
Permanent Library Duties at an alternate location or from other
duties or conditions imposed by existing entitlements, including
but not limited to the duty to prepare and submit to the City for
its review and approval a Precise Plan for the Core Area of the
Village Center West.
2.2 Time Frame for Designation of Actual Permanent Library
Site.
2.2.1 If the City is able to commence the Pilot Library
Project with the District, then, not later than three years from
the commencement of the Pilot Library Project at the EastLake
High School Library, the City will decide whether the City will
require the Presently Designated Permanent Library Parcel as the
actual location for a permanent library in the EastLake vicinity
or decide, at a public hearing, notice of which is given to
EastLake, to extend for a period of two additional years, or any
portion thereof, the time within which to determine that the City
will or will not require the Presently Designated Permanent
Library Parcel as the actual location for a permanent library in
the EastLake vicini,ty. The site actually selected by the City as
the site for the Permanent Library shall herein be referred to as
the "Actual Permanent Library Site" which may, but is not
required to be, coterminous with the boundaries of the Presently
Designated Permanent Library Parcel. If, after such public
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March 25, 1993
PILOT LIBRARY PROJECT OPTION.
Page 4
J6 --t
hearing, the City determines to extend the decision date, the
City will, within five (5) years from the commencement of the
Pilot Library Project, decide whether the City will or will not
require the Presently Designated Permanent Library Parcel as the
actual location for a permanent library in the EastLake vicinity.
2.2.2 Remedy. Failure to make a decision will not
result in the automatic selection of one of the alternatives, but
will allow EastLake to solicit a writ from a Court of competent
jurisdiction requiring the City to make a choice if it first
determines, inter alia, that the City has acted unreasonably.
2.3 If Presently Designated Permanent Library Parcel is
Needed.
2.3.1 If the City decides the Presently Designated
Permanent Library Parcel is needed, Developer will grant legal
title thereto, clear of all liens or encumbrances that would
restrict or interfere with the use of the parcel as a library, to
the City.
2.3.2 At such time as the City applies for building
permits to build a library at the Presently Designated Permanent
Library Parcel, Developer shall provide an allocation of 40 P.M.
Peak Period Traffic Trips for the library. City may enforce this
provision by making it a condition of the City's approval of the
distribution of P.M. Peak Period Traffic Trips which may be
reallocated in the future based on additional system capacity
using the methodology detailed in Section 6.5 ("Transfer of
Approved Project Status") of the Kaiser Foundation Hospitals
Development Agreement with the City dated July 2, 1992.
2.4 If Presently Designated P~rmanent Library Parcel Not
Needed.
2.4.1 If the City determines that the Presently
Designated Permanent Library Parcel is not needed, the City shall
have the option, to be exercised in writing within a reasonable
period of time after making said decision, to either (1) trade
the Presently Designated Permanent Library Parcel for another
similar parcel owned by Developer within the EastLake Planned
Community Area or (2) sell the Presently Designated Permanent
Library Parcel back to the Developer.
2.4.2 If the City elects to sell the Presently
Designated Permanent Library Parcel back to the Developer, the
parties will do the following to set the price for the exchange
and usage of the parcel: Developer shall use good faith and best
efforts to apply for and process such entitlements as may be
necessary to allow the commercial usage ("Commercially Entitled")
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March 25, 1993
PILOT LIBRARY PROJECT OPTION
Page 5
1!J~7
of the Presently Designated Permanent Library Parcel, and if the
parcel is Commercially Entitled, they agree to pay the City 100%
of the fair market value of the Presently Designated Permanent
Library Parcel, as Commercially Entitled, for the retransfer of
its beneficial title to the Developer from the City. If the
Parcel is not Commercially Entitled even after the use of good
faith and best efforts by the Developer, City shall "put" the
beneficial title to the Parcel to the Developer in exchange for
its fair market value as then entitled, in which case the
Developer shall covenant not to improve the Parcel to a greater
use intensity than that to which the Parcel was then entitled and
shall record said covenant. If the Parcel is entitled only to be
open space, said covenant shall allow uses the City deems to be
consistent with open space. The City may, in exchange for
additional consideration, agree in the future to waive the
encumbrance of said covenant.
2.4.3 As used in the preceding paragraph, if the
parties are unable to agree upon a determination of fair market
value, then fair market value, either as Commercially Entitled or
otherwise as this Agreement requires, shall be determined by an
arbitrator who is selected and who conducts arbitration
proceedings according to the rules of the American Arbitration
Association.
2.4.4. The cost of applying for and processing such
entitlements as are required in Section 2.4.2 will be borne by
Developer if said processing is performed at the same time as
Developer is processing the Precise Plan for the Core Area of the
Village Center West. If the processing required in Section 2.4.2
is not performed at the same time as Developer is processing said
Precise Plan, the cost of applying for and processing the
entitlements as required in Section 2.4.2 will be borne by the
City. The City shall have the option of proceeding with the
processing required in Section 2.4.2 or waiting until Developer
is ready to process the Precise Plan.
2.5 Development Impact Fee. Nothing herein shall be deemed
to affect the obligation of the owners of land in the area
encompassed by the EastLake Planned Community Area to continue to
pay Development Impact Fees ("DIF") for the library component of
said DIF.
3. Attorney Fees. In the event of any dispute between the
parties, the prevailing party shall recover its attorney fees,
and any costs and expenses incurred by reason of such dispute.
4. Miscellaneous.
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March 30, 1993
PILOT LIBRARY PROJECT OPTION
Page 6
/6/~
4.1 No Construction Against Draftsman.
has been fully negotiated by all parties, and no
interpretation is to be made hereof on the basis
of the document.
This Agreement
construction or
of draftsmanship
4.2 Time is of the Essence; provisions Binding on
Successors. Time is of the essence of all of the terms,
covenants and conditions of this Agreement and, except as
otherwise provided herein, all of the terms, covenants and
conditions of this Agreement shall apply to, benefit and bind the
successors and assigns of the respective parties, jointly and
individually.
4.3 No Inverse Condemnation. The exercise of any right
under this agreement shall not be interpreted as an exercise of
the power of eminent domain and shall not impose any liability
upon either party for inverse condemnation.
4.4 Notices. All notices and demands shall be given in
writing by personal delivery or first-class mail, postage
prepaid. Notices shall be addressed as appears below for the
respective party; provided that, if any party gives notice of a
change of name or address, notices shall be appropriately
modified to reflect such changes. Notices shall be deemed
received seventy-two (72) hours after deposit in the United
States mail.
Notice to the Developer:
With a copy to:
EastLake Development Company
900 Lane Avenue, Suite 100
Chula Vista, CA 91914
Attn: Mr. Curt Stephenson
Luce, Forward, Hamilton & Scripps
600 West Broadway, Suite 2600
San Diego, CA 92101
Attn: Craig K. Beam, Esq.
Notice to the City:
With a copy to:
City of Chula Vista
City Manager
276 Fourth Avenue
Chula Vista, CA 92010
City of Chula Vista
City Attorney
276 Fourth Avenue
Chula Vista, CA 92010
4.5 Partial Invalidity. If any term, covenant,
condition, or provision of this license is found invalid, void,
or unenforceable by a court of competent jurisdiction, the
remaining provisions will remain in full force and effect.
4.6 Captions. The section headings, and captions for
various articles and paragraphs shall not be held to define,
limit, augment, or describe the scope, content, or intent of any
or all parts of this Agreement. The numbers of the paragraphs
ellib6.wp
Xarch 25, 1993
PILOT LIBRARY PROJECT OPTION
Page 7
~3~1
and pages of this Agreement may not be consecutive. Such lack of
consecutive numbers is intentional and shall have no effect on
the enforceability of this Agreement.
4.7 Entire Understanding. This Agreement contains the
entire understanding of the parties with respect to the subject
matter it purports to cover. Each party has relied on advice
from its own attorneys. Each of the parties agree that no other
party, agent, or attorney of any other party has made any
promise, representation, or warranty whatsoever which is not
contained in this Agreement. The failure or refusal of any party
to read this Agreement and obtain legal or other advice relevant
to this transaction constitutes a waiver of any objection,
contention, or claim that might have been based on these actions.
4.8 Arbitration. Any controversy arising out of this
Agreement or its breach shall be settled by arbitration if, prior
to the commencement of any legal proceeding arising out of this
Agreement or its breach, either party demands by written notice
that such controversy be arbitrated. After such demand, and
within ten (10) days from such demand, the parties shall attempt
to designate a mutually acceptable individual to arbitrate the
controversy. If within the ten (10) day period the parties are
unable to designate an individual, the controversy shall be
arbitrated under the rules of the American Arbitration
Association, and judgment on the award rendered by the arbitrator
chosen by the parties or used pursuant to the rules of the
American Arbitration Association may be entered in any court
having jurisdiction and shall be fully binding on the parties.
4.9 Amendment. This Agreement may only be amended by
the written consent of the Parties at the time of such amendment.
4.10 Exhibits. All exhibits to which reference is made
are deemed incorporated in this Agreement, whether or not
actually attached.
4.11 Further Assurances. Each party hereto agrees to
perform any further acts and to execute and deliver any further
documents which may be reasonably necessary to carry out the
provisions of this Agreement.
4.12 Governing Law. This Agreement has been executed
in and shall be governed by the laws of the State of California.
4.13 Counterparts. The Agreement may be executed in
one or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the
same instrument.
ellib6.wp
March 25, 1993
PILOT LIBRARY PROJECT OPTION~
Page 8
76~/v
4.14 Authority. The City and the Developer represent
that the individuals signing this Agreement have full right and
authority to bind their respective parties to this Agreement.
4.15 Invalidity. If any term, covenant, condition or
provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder
of the provisions hereof shall remain in full force and effect
and shall in no way be affected, impaired or invalidated thereby.
4.16 No Strict Construction. This Agreement shall not
be strictly construed against any party hereto.
ellib6. "'P
March 25, 1993
PILOT LIBRARY PROJECT OPTION
Page 9
/0--//
Signature Page to
OPTION AGREEMENT FOR
INTERIM LIBRARY
SERVICES AND FACILITIES IN EASTLAKE
Now therefore, the parties hereto, having read and
understood the terms and conditions of this Agreement, do hereby
express their consent to the terms hereof by setting their hand
hereto on the date set forth adjacent thereto.
Dated:
CITY OF CHULA VISTA
Attest:
By:
Tim Nader, its Mayor
Beverly Authelet
City Clerk
APP~ ~.to
BruceM. Boogaa
City Attorney
Dated:
EASTLAKE:
EASTLAKE DEVELOPMENT COMPANY,
California general partnership
By:
BOSWELL PROPERTIES, Inc.,
a g ral partner
~~~
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By:
Its:
By:
Its:
By: THE TULAGO COMPANY, a
ge ~l ~rtner
By' 'd?-C/~
Its: iI.~L
By: krl
Its:
r
ellib6.wp
March 25, 1993
PILOT LIBRARY PROJECT OPTION
Page 10
~6~ ):J-
Exhibit A:
Exhibit B:
Exhibit List
EastLake I Activity Center Precise Plan Guidelines,
Pages 14 and 53 and Exhibit 2 through 5.
EastLake 1 SPA Plan, Exhibits 4 and 6
1!J r /;>
i
,
EASTLAKE I ACI'IVlTY CENTER
.PREClSE PLAN GUIDEI..J1'\'FS-
SUBMITTAL DRAFT
May 15, 1992
Rev. 06/03/92
(
. Prepared for:
EASTLAKE DEVELOPMENT COMPANY
900 Lane Avenue #100
Chula Vista, CA 91914
Prepared by:
Cll\"Tl & ASSOClATES
1133 Columbia Street 1201
San Diego, CA 92101
(619) 239-1815
(
/;;.11
C. Village Center West - Core Area
Location:
Central portion of Village Center West - must
be a single precise plan
Preferred Use: Pedestrian oriented retail/service/entertain-
ment commercial complex
Permitted Use: As permitted by'VC-l District of EastLake I PC
District Regulations
Mandatory Site
Plan Elements: - Water Feature
- One acre public library site (
- Transit center
- Setback From Fenton Street
Other Oesign Elements:
Circulation/Parkina: Parking and access coordinated with
Satelli te Pad Area; shared parking potential must be
documented for approval; park and ride (transit center)
to be accommodated (all or in part).
Trail Svstem: Urbanized pedestrian focus, combining
water feature and open plaza/pedestrian activity areas.
Pedestrian access through Satellite Pad Area to trail
system; connection north to Medical Center; bicycle
parking at perimeter of' pedestrian district.
Edaes and Seams: Edge adjacent to Fenton Street; seams
along boundary with Satellite Pad Area.
Entries: Primary entries coordinated with Satellite Pad
Area; secondary entries via Fenton Street and Fenton/otay
Lakes connector.
Landscapina/Water Feature: Includes major water feature
which establishes character for Village Center. Should
be prominent, visible, and clearly the thematic focus for
overall project.
.)
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Exhibit A:
Exhibit B:
Exhibit List
EastLake I Activity Center Precise Plan Guidelines,
Pages 14 and 53 and Exhibit 2 through 5.
EastLake 1 SPA Plan, Exhibits 4 and 6
'lIS" /3
C. RESOLUTION NO.
I?d~'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EXERCISING THE INTERIM LIBRARY
OPTION WITH THE EASTLAKE DEVELOPMENT COMPANY
FOR INTERIM LIBRARY SERVICES AND FACILITIES IN
EASTLAKE
WHEREAS, the EastLake I and EastLake Greens Public
Facilities and Financing Plans ("PFFPs") imposed certain permanent
and interim duties on the developer with regard to the provision of
library services; and
WHEREAS, on an interim basis EastLake Development was
obligated to provide the City with up to 4,000 square feet of space
within the EastLake Village Center for a storefront library for a
period of five years; and
WHEREAS, in addition, the developer was obligated to
provide funding for 1 year of specified staffing and 7,000 to 8,000
books at an approximate cost of $10 each; and
WHEREAS, the permanent library duty obligated the
developer to provide a one-acre library site within the EastLake
village Center or an alternate EastLake site, if the city
determines a library site is appropriate within EastLake; and
WHEREAS, the proposed Option Agreement with the EastLake
Development company for Interim Library Services and Facilities in
EastLake modifies the developer's PFFP obligation in regards to
both the Permanent and Interim Library Duties.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby exercise the Interim Library
Option with the EastLake Development Company for Interim Library
Services and Facilities in EastLake contingent upon the approval of
the Agreement with the Sweetwater Union High School District for
Joint Use of the Library facility at EastLake High School by both
the city Council and the Sweetwater Union High School District.
BE IT FURTHER RESOLVED that the city Manager of the City
of Chula vista be, and he is hereby authorized and directed to
notify EastLake Development company of the city's exercise of the
Interim Library Option after the above contingencies are completed.
vista.
James R. Thomson,
Manager
F:\home\attomey\Library .EL
Deputy City
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Presented by
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ATTACHMENT C
SUPPLEMENTAL BUDGET MEMO NO.
/3
DATE:
May 28, 1992
FROM:
The Honorable Mayor and City Council
John D. Goss, city Manager ~
Rosemary Lane, Library Dir~or ~
TO:
VIA:
SUBJECT:
EASTLAKE HIGH SCHOOL LIBRARY
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The city Manager's FY 1992-93 budget transmittal letter (pages 225-
230) discusses, in some detail, the concept of a joint-use library
at EastLake High School. City and Sweetwater Union High School
District staff have met extensively during the last six months to
prepare a conceptual plan to implement such a project. In
addition, the City and EastLake Development Company are in the
process of negotiating the option of transferring the monetary
value of EastLake' s SPA I storefront library obligations to support
a City library pilot project at the EastLake High School Library.
RECOMMENDATION THAT THE CITY CoUNCIL:
1. Approve in concept the establishing of interim library service
at EastLake High School and monitoring its utilization as a
pilot project over the next three years, and
2. Approve an appropriation of $286,500 to begin such public
library operations in FY 1992-93, subject to agreements being
finalized and approved with the Sweetwater Union High School
District and Eastlake.
BOARD/COMMISSION RECOMMENDATION:
On May 27, 1992, the Library Board of Trustees tied 2-2-1 on a vote
to support the concept of a joint use library at EastLake High
School (Trustees Williams and Vie sea voting yes, Trustees Alexander
and Donovan voting no, Trustee Wilson absent). The draft minutes
are attached, and the areas of concern discussed by Library Board
members are addressed in this report. (Attachment A)
DISCUSSION:
Last summer, the City was approached by the Superintendent of the
Sweetwater Union High School District with the proposal that the
ci ty and the School District jointly provide service from the large
library under construction on the EastLake High School campus.
After months of intensive meetings, a detailed plan has been
qc-)
EASTLAKE HIGH SCHOOL LIBRARY
Page 2
developed by Library and High School staffs to implement the
proposed project.
The first phase of the new EastLake High School campus, which
includes the library, is scheduled to open in September of this
year. During the first year, classes will be offered for ninth and
tenth graders only. Year round school will begin in July 1993 and
will include eleventh and twelfth graders. However, adult school
classes will be held on campus beginning this fall, on Monday,
Tuesday, Wednesday and Thursday evenings until 9:30 pm. A large
gymnasium will also be in operation during the fall semester.
Staff estimates that there will be approximately 1100 students on
campus during the first year and 2,400 students within two years.
The School District proposes to provide the library facility rent
free to the City and pay all utilities. EastLake High School
Principal Marilyn Stenvall and her staff are planning a closed
(safe haven) campus during the school day. Therefore, it is
proposed that the public library would operate the facility from
3:00 pm to 8:00 pm, Monday through Thursday, and on Saturday from
10 am to 6 pm, for a total of twenty-eight hours per week of public
service. The Chula vista Public Library would also provide Inlex,
its automated circulation and On-Line Public Access Catalog system,
at the EastLake High School Library through the provision of
terminals and access to the database. The bibliographic records
for all of the school owned books in the library would be included
on the Inlex database. The School District would pay a second
party vendor to get their records on line. Through the Inlex
catalog, all of the school owned books at the EastLake High School
Library, would be available to any patron of the Chula vista Public
Library. Likewise, any Chula vista owned book, at any location,
would be accessible to the users at the High School Library, as
would materials available through the Serra System. The Library
would add the EastLake High School Library to its delivery
schedule.
Staff has also worked on a coordinated approach to selection and
acquisition of library materials as well as circulation policies
and procedures. During the first year alone, the public library
would provide between 4,000 to 5,000 volumes to supplement the
school's anticipated 10,000 volumes. The public library collection
would continue to grow during subsequent years.
As the City Manager has written, the benefits to the School
District include the provision of extended hours, more books than
the School District would normally be able to provide, the Inlex
automated circulation system and the ability of students to access
the inter-agency loan system for books and other circulatinq
materials.
9C~~(
EASTLAKE HIGH SCHOOL LIBRARY
Page 3
The advantages to the City include access to a rent free facility
with paid utilities. This would provide residents of the eastern
part of the City, especially those at EastLake, with an element of
public library service much sooner than under the original plan,
which was to provide interim service from a storefront library in
the commercial area. In addition, the larger school library would
provide more books, more study areas and more reader seats than
would be possible in a 4,000 square foot storefront facility.
The City Manager has also pointed out some concerns about the
viability of the proposed joint use library. These concerns have
been voiced by both Library staff and the Library Board of
Trustees. First and foremost is the lack of Visibility and
accessibility to the library by the general public. The facility
i~ located on the far eastern portion of the campus and is not
visible from any public street or immediately adjacent to any
campus parking lot. School staff has promised to assist with the
development of an appropriate exterior signage system that will
direct both vehicles and pedestrians to the library. In addition,
District staff have recently considered making the perimeter road
one way, which would allow for on street parking in front of the
library, this idea could be very helpful and certainly will be
discussed further with District staff.
Some concerns have (ATTACHMENT B) been raised about the adequacy
of the parking, especially during peak use periods when the gym,
auditorium, adult school, and adjacent park may all be hosting
activities. District staff feel confident that the 510 parking
spaces in two major lots, and 21 spaces in the smaller
administration parking lot in front of the campus, and potential
on-street parking will provide far more spaces than are needed.
Consideration has also been given to the safety of both the public
and staff, especially in light of the library'S relatively remote
location. District staff has indicated that there will be someone
on the grounds at all times and when student activities are being
held, that a school administrator will be on the grounds. The City
Library is budgeting for one security guard to be in the library
at all hours of general public operation. Recent experiences at
the Library at 365 F Street have shown this to be an essential
element in keeping gang, drug and other illegal and unwelcome
activity under control. outdoor lighting and the presence of the
adult school and night custodians will also help.
Since the location of the library cannot be changed, both the
School District and EastLake Development Company have pledged to
promote the library in various ways in an attempt to increase
awareness of the library. The District has promised to encourage
after-school usage by both students and parents. In addition, it
will encourage adult education students to use the library. The
1c-5
EASTLAKE HIGH SCHOOL LIBRARY
Page 4
District will promote the library in its newsletter, and cooperate
with the public library in developing an outreach program for the
community. EastLake Development also intends to widely publicize
the new library.
One other major concern is that there will be no public library
hours, on week days, prior to close of school. The School
District's desire to maintain a closed campus prevents any
expansion of day-time hours. As a result, service to preschoolers,
elementary students, senior citizens, and other members of the
public will be limited. Library staff will make every effort to
find alternative solutions to this situation. One example is to
conduct children's story times and programs on Saturdays instead
of the normal weekday mornings.
Library Board members have questioned whether there would be room
for an adequate children's collection. Fortunately, the new
library is very large and its book capacity will not be reached for
many years. An area will be set aside for the children's book
collection and the Library will purchase some furnishings and
decorations to make that area comfortable for young people.
Questions have also been raised about how well two different
agencies can co-exist in one building. The staff of both agencies
have already spent many hours developing the proposed plan and
through those meetings have established a warm, cooperative
working relationship. In addition, the proposed city plan calls
for hiring a Senior Librarian, which is the peer level of the
School Librarian, and locate that person at EastLake High School.
This will insure better communications and should prevent minor
problems from exploding into big ones. In addition, considerable
discussion has occurred over the potential issue of access by
students to the public library collection. District Administrators
have continually reassured city and Library staff that the School
District will not attempt to limit access or censor the public
library collection. It can be guaranteed that all of the staff
involved in this project are committed to seeing that it succeeds.
Ultimately, the issue of whether the prov~s~on of public library
service at the high school is cost effective must be examined.
During the three year pilot program, the Library will establish
bench mark figures to which it can compare usage at EastLake High
School. The patterns developed at the much smaller Castle
Park/Otay Library located on Third Avenue will be carefully
analyzed as one point of comparison.
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Some Library Board members have expressed concern about what will
happen if the library service at the high school is not found to
~L- -~
EASTLAKE HIGH SCHOOL LIBRARY
Page 5
be cost-effective during the three-year pilot program, but the city
has used up all or most of EastLake' s financial obligation for
storefront library service in the meantime. If the pilot program
indicates that the high school library is not a cost-effective long
term facility for city library service, the city can still plan on
building a permanent library in the EastLake Village Center or
pursue other alternatives. Development Impact Fees are being
collected for such a facility. Until such a permanent library was
built, the City could either continue the joint use program at the
high school or pursue alternative interim library service such as
a storefront in the EastLake Village Center.
In conclusion, there will still be numerous alternatives available
to the City if the joint-use pilot program does not prove to be
cost effective, but the Sweetwater Union High School district's
offer to try a joint use library is an unusual opportunity to
experiment and to at least provide interim public library service
earlier than would otherwise occur.
FISCAL IMPACT:
As the City Manager has pointed out, it is difficult to fund a new
service during a recession. However, City staff is currently
negotiating with the EastLake Development Company to provide a cash
value, paid out over a period of time, for their SPA I storefront
library obligations. These obligations include the purchase of
7,000 to 8,000 books, a specified level of staffing for one year,
and 4,000 square feet of space in the Village Center, rent free,
for five years. Negotiations are not yet complete.
Fiscal Year 1992-93
The budget outlined below and detailed in Attachment C is based
upon anticipated revenue of $286,500 from the EastLake Development
Company during the fiscal year.
Under this scenario, public service would begin in January 1993.
As mentioned above, the library would be open to the general public
twenty-eight hours per week.
BOOKS AND RELATED PROCESSING: The pUblic library would subscribe
to the Infotrac indexing system and Magazine Collection on
microfilm, purchase 300 reference books and sets, provide a
leased collection of best sellers, purchase approximately
3,000 adult and juvenile books, and add between 1,000 and
2,000 gift books.
TOTAL: $ 94,920
tc-7
EASTLAKE HIGH SCHOOL LIBRARY
Page 6
STAFFING: A full time Senior Librarian and .5 Library Technical
Assistant would be hired during the summer to prepare for the
new library. The remaining staff; .5 Librarian I, .5 Library
Associate, .5 Senior Circulation Assistant, and .5 Shelver
would come on board the first of the year (1993) when the
Library opens to the general public.
TOTAL: $101,750
GENERAL OPERATING COSTS: The first year operating costs are
based on opening the library in January and on a projected
first year circulation of 30,000 to 40,000 items. Costs
include printing, postage, security guard services, office
supplies, etc.
TOTAL: $ 27,510
CAPITAL AND MISCELLANEOUS OUTLAY:
Inlex and related computer
printer for the Magazine
children's sized chairs, an
book trucks, etc.
These are one time costs for
equipment, a microfilm reader
Collection, a cash register,
exterior book drop, additional
TOTAL: $ 62,320
TOTAL FY 1992-93 COSTS: $286,500
Fiscal Year 1993-94
It is estimated that it will cost approximately $275,000 to operate
the EastLake Library, at the same level of service, in FY 1993-94.
This would include $145,000 for staffing, $92,000 to continue
developing the book collection, and $38,000 in general operating
costs. It is anticipated, that revenue from the EastLake
Development Company would finance at least half of FY 1993-94
expenditures.
\A113\EASTLAKE.MEM
C;c ~z(
Attachment A
Library Board of Trustees comments on joint school/public library
at EastLake High School
DRAFT MINUTES
II. CONTINUED MATTERS
A. EastLake
After a presentation by City Manager, John Goss, and
staff of the Sweetwater School District, Library Board
members made the following comments:
Trustee Alexander pointed out that a vote for the joint
use project commits to no public library service during
the week day for EastLake residents. Stan Canaras
reiterated that the high school campus was closed to the
general public during the school day. Trustee Alexander
also indicated his concerns about lack of public usage
because of poor visibility and distant public parking.
He concluded by stating that he was also concerned about
the reduction of future options available to the Library
should the pilot program be deemed unsuccessful at the
end of three years since much of the money for the
storefront lease will be spent on the school site.
Trustee Donovan stated that she could see that the
Sweetwater School District was for the proposed joint use
library, that the City Administration was in support of
the concept, but that she was not in favor of it.
Trustee Viesca indicated that he liked the joint usage
idea, but did have concerns about poor visibility and
lack of parking.
Chairman williams expressed his support of the concept
calling it a fiscally sound idea and indicated that one
of his primary goal was to get books into people's hands.
MS (Viesca/Williams, 2-2, Viesca and Williams casting yes
votes, Donovan and Alexander casting no votes) That the
Library Board support the concept, as presented, for a
joint school/public library at EastLake High School.
'Ie - 9
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approximately 400 feet from parking lot on lighted walkways to library
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FY 1992-93
STAFFING
1.0 Sr. Librarian (11 months)
.5 Librarian I (6 months)
.5 Library Associate (6 months)
.5 Sr. circ Asst. (6 months)
.5 Shelver (6 months)
.5 Lib. Tech. Asst. (10 months)
TOTAL: $101,750
BOOKS (Includes processinq)
Infotrac and Magazine Collection
300 Reference Books ($98.84 @)
114 McNaughtons
1000 adult books ($14.97@)
1847 Children's books ($11.80@)
Processing
TOTAL: $94,920
OPERATING
Printing
Postage
Transportation
Telephone
Computer Maintenance
Serv to Main-Office Equip
Serv to Main-Other Equip
Contractual Services (see)
Office Supplies
Other Commodities
TOTAL:
$27,510
EOUIPMENT
Computer Equipment
Book Drop
Book Trucks (2)
Children's chairs (4)
Theme Chair
Table for InfoTrac & CD
Stool
Lockers
Brochure Rack
Microfilm Reader-Printer
Cash Register
TOTAL:
$62,320
FY 1992-93 TOTAL:
$286,500
$52,190
$11,570
$10,550
$ 9,540
$ 3,180
$14,720
$20,000
$29,650
$ 1,800
$14,970
$21,800
$ 6,700
$ 850
$ 500
$ 150
$ 8,800
$ 1,000
$ 210
$ 5,000
$ 7,600
$ 500
$ 2,900
$46,500
$ 2,960
$ 400
$ 400
$ 250
$ 1,000
$ 100
$ 200
$ 500
$ 8,610
$ 1,400
IL - / /
ATTACHMENT C
ATTACHMENT 0
MINUTES
LIBRARY BOARD OF TRUSTEES
MAY 27, 1992
LIBRARY CONFERENCE ROOM
3:35 PM
BOARD MEMBERS PRESENT:
Chair Williams, vice Chair Alexander,
Trustees Donovan, Vie sea
BOARD MEMBERS ABSENT:
Trustee Wilson (excused)
City Manager John Goss; Deputy City
Manager Jim Thomson, Library Director
Rosemary Lane, Assistant Library Director
David Palmer; Assistant Planning Director
Ken Lee
CITY STAFF PRESENT:
OTHERS PRESENT:
Sweetwater District Planning Officer,
Stan Canaras; Eastlake High School Dean
of Student Services, Kaight Taylor;
Eastlake High School Librarian Barbara
Jones
OTHERS PRESENT:
Friends Liaison Betty Roche, Public-at-
large Robert Coye
I. APPROVAL OF MINUTES - Meeting of April 22, 1992
Trustee Alexander requested that the minutes be changed on
page 2, paragraph 5, sentence 2 to read as follows: .. and the
lack of library services was less acute because of less
residents in the Eastlake Area."
MSUC (Donovan/Alexander) that the minutes of the last meeting
.
be accepted as corrected.
II. CONTINUED MATTERS
A. Eastlake High School/Public Library
Director Lane opened the discussion on the proposed joint
use library at EastLake High School by announcing that
the EastLake Development Company had tentatively agreed
to provide a cash value for the various components of the
EastLake SPA I Development agreement that could be used
to fund a joint-use library. She pointed out that the
proposed library would be an opportunity to provide a
minimal level of public library service to people whp
live as much as nine miles from the library at 365 F
Street sooner than the EastLake SPA I agreement would
allow.
~c-/~
LIBRARY BOARD OF TRUSTEES
- 2 -
MAY 27, 1992
Director Lane then stated that, although Library staff is
committed to making this option work, she is concerned
about the cost effectiveness of this operation. The
EastLake High School/Library site is not located in the
center of a commercial activity area, such as a shopping
center, nor is parking convenient. She also expressed
concern that by using EastLake money now, on a joint
library in the high school, the city may be trading away
a more favorable library site in a commercial area.
City Manager Goss stated that there are naturally a lot
of concerns and adjustments to be made when two entities
agree to share the same space. The Youth Center is a
successful example of a joint-use facility.
The city Manager went on to say that he feels optimistic
that the joint high SChool/public library will work and
that the School District has also shown a great deal of
interest in making this project work. Some benefits that
the School District would gain are extended ~ours, more
books, use of the Inlex System, and access to the inter-
library loan system. The City would gain access to a
rent-free facility and the possibility of not having to
construct a new building. In the current economic
situation, the City must look at ways to streamline its
operations. The School District, is providing the City
with an opportunity to provide library services in a
19,000 sq. ft. facility rent and utility free.
Mr. Goss further reiterated that a joint-use facility
would provide library service to that area sooner. A
recent survey of EastLake residents showed that a library
is one of the services not currently provided that
citizens want. Concerns such as visibility, lighting,
signage, parking and cost effectiveness should not impede
the Library's use of the school as an interim facility
City Manager Goss said. EastLake residents will be
challenged to use the library and if the arrangement does
not work, the books and equipment can be moved to a
storefront in a shopping center.
The City Manager concluded by saying that government is
changing and must find new ways to provide services, if
this opportunity does not work, another alternative can
be found.
School District Planning Officer, Stan Canaras, reported
the School District intends to try to provide a safe and
secure campus for its students. The adult school will
operate about 14 classes, with between 280 and 300 people
here each evening in buildings adjacent to the library.
At least twice a week an activity would be held in the
~c -I)
LIBRARY BOARD OF TRUSTEES
- 3 -
MAY 27, 1992
gymnasium which would include faculty supervision. In
addition, a custodial staff of four would be on site each
evening. The campus is encircled by a well-lite paved
road that provides access to people using the parking
lots. Mr. Canaras felt there is a possibility of making
this road one-way, which would allow additional parking
along the road. In addition, twenty to thirty people
will be able to park in front of the administrative
building.
Kaight Taylor, Dean of Student Services at EastLake High
School, reported that in two years 2,400 students and
their families will be using the EastLake High School
Library. This will provide an opportunity for the Chula
vista Public Library to make an impression on the next
generation of Library Users. Library and school staff
have made major compromises to make this opportunity
work.
Barbara Jones, EastLake High School Librarian, indicated
her belief that students will use this new facility after
school hours. The School District has presented the idea
of a joint-use facility at all their parent-orientation
meetings and has received immense support from the
parents.
vice Chair Alexander raised concerns about the ability to
conduct children's services at the EastLake High School
Library. Staff reported that an area has been designated
for children's books and that there was sufficient room
for expansion of collections and services.
vice Chair Alexander then asked the city Manager what
would happen if the joint-use venture did not work out,
especially since the City would be utilizing the monies
from the SPA I agreement to pay for the interim service
at the high school. The City Manager responded that
after the funds from the developer are expended, that the
City would have to cover costs and that the service
levels that the City had established would be maintained.
Vice Chair Alexander asked if it could be possible to
have an entire collection cataloged and ready for use in
January. Assistant Director Palmer stated that after the
reference materials were purchased, (InfoTrac and
Magazine Collection), approximately 2,500 to 3,500 adult
and juvenile volumes would need to be purchased during
the fiscal year.
Trustee Donovan indicated her concern about parking, and
said that she was not convinced that this endeavor was
advantageous to the Library.
1c~/i
LIBRARY BOARD OF TRUSTEES
- 4 -
MAY 27, 1992
vice Chair Alexander also expressed concern that library
patrons would see a full parking lot and decide not to
use the library. Trustee Donovan also stated that she
fel t that the parking lot was not large enough to support
this much activity and that there might not be enough
parking for library patrons. City Manager Goss stated
that the same thing could happen if the library was in a
shopping center.
Trustee viesca indicated that he liked the idea, but was
concerned about visibility and parking.
Chairman williams expressed his support of the concept
calling it a fiscally sound idea and indicated that one
of his primary goals was to get books into people's
hands.
MS (Viesca/Wi11iams, 2-2. vie sea and Williams casting yes
votes, Donovan and Alexander casting no votes) That the
Library Board support the concept, as presented, for a
joint sChool/public library at EastLake High School.
B. Local History Museum at Senior Information and Referral
Center
Deputy City Manager Thomson reported that although a
Council Information Item concerning a proposed history
museum at the Senior Information and Referral Center had
been jointly prepared by the Parks and Recreation and
Library Departments, City Administration had not yet
forwarded it to Council. The Parks and Recreation
commission was now attempting to identify alternative
uses for the facility. Mr. Thomson also indicated that
the Board's recommendation that a Local History
Commission be established had been referred back to
staff. He said that staff would probably not recommend
the formation of a new commission, but would instead
encourage that the members of the Chula vista Historical
Society form a Task Force.
MSUC (Viesca/Alexander)
Chula Vista Historical
history museum instead
commission.
recommending that the present
Society deal with the local
of establishing a separate
/L -/5
ATTACHMENT E
Monday, June 1, 1992
4:04 p.m.
Council Conference Room
Administration Building
The Council met in a closed session at 5:10 p.m. to discuss: Personnel Maner - pursuant to Government
Code Section 54957 and adjourned at 5:22 p.m.
Adiourned M..tinlllWorksession of the City of Chula Vista City Council
CAll. TO ORDER
1. ROLL CAll.:
PRESENT:
Councilmembers Grasser Horton, Malcolm (arrived 4:15 p.m.), Moore,
Rindone, and Mayor Nader
ALSO PRESENT:
John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Vicki
C. Soderquist, Deputy City Clerk
Mayor Nader informed the public that the Closed Session would be trailed until Councilman Malcolm arrived
or 5:15 p.m., whichever came first.
BUSINESS
2. REVIEW OF DEPARTMENTAL BUDGETS COMMUNITY DEVELOPMENr, BUIlDING AND
HOUSING, PUBUC WORKS (TRANSrn, UBRARY, PARKS AND RECREATION, POUCE, FIRE, NON-
DEPARTMENTAL, CARRYOVER ITEMS FROM OTIiER DEPARTMENTAL BUDGET REVIEWS, AND
SUPPLEMENTAL REPORTS
Community Development
City Manager Goss reviewed the requests and recommendations for the department. He noted that a
significant amount of money had been budgeted for legal services and recommended that be reviewed when
the Redevelopment Agency budget was reviewed. Councilman Rindone expressed his appreciation to
department heads in trying to replace contract employees with permanent staff. He felt staff was looking
at the long term needs of the City.
MSUC (Moore/Nader) to approve the Community Development budget as presented.
Mayor Nader requested an overall cost comparison of consultants versus permanent positions being created.
Buildin~ and Housin~
City Manager Goss reviewed the requests and recommendations for the department and commended Mr.
Larsen for expanding the services of the department without the addition of new staff members. Councilman
Moore questioned the number of inspectors and their duties. Mr. LarSen reviewed the current staffing and
the housing/mobile home inspection schedule. Councilman Moore stated he liked the way the program was
going.
Councilwoman Grasser Horton questioned why the Manager recommended more than requested by the
department for the Director's salary. Mr. Goss responded that Mr. Larsen had been recognized during the
year for good performance and that was reflected in the Manager's recommendation.
MSUC (Moore;Rindone) to approve the Buildin~ and Housing bud~et as presented.
yc ---;?
Minutes
June 1, 1992
Page 2
Councilman Rindone stated Council appreciated the creativity shown by the department regarding the
extended hours and services.
Public Works
City Manager Goss reviewed the requests and recommendations for the department and stated that more
new positions were recommended for this department than any other. That was primarily due to the staffing
of the Otay Ranch Planning Team. Supplemental Budget Memo #6 addressed the reclassification of
administrative office specialist to public works technician.
Licensed Land Survevor Mayor Nader questioned why the position of Licensed Land Surveyor was needed.
Mr. Goss responded that the department did not have enough staff to do all the surveying work. By adding
the position it would also enable the department to send out not only one 3-person crew but a 4-person crew
in more complicated circumstances, or two 2-person crews. It would eliminate the need to contract out
much of the work. John Lippitt, Director of Public Works, stated that after 1982 only a Licensed Land
Surveyor could sign plans. Civil Engineers were grandfathered at that time but due to attrition in the
department it was felt that a Licensed Land Surveyor was needed. Mayor Nader stated he needed more
information before he could support the item. He noted there were many other requests and was not sure
it was a high priority. Mr. Goss responded that the position would be funded from the Capital Improvement
Program and not the General Fund. Councilman Moore requested a Supplemental Budget Memo including
a survey of what the crews do, what their back work was, and license experience. Mayor Nader agreed,
especially on inclusion of where the back work was and how it related to the creation of the position.
Councilman Moore also requested the inclusion of the Public Works office staffing level for the past five
years, number of street miles, sewer miles, and other things that had grown during the past five years.
MS (Moore/Nader) to approve the Public Works budget as presented.
Mayor Nader clarified that all motions made during the Worksession were subject to final approval by
Council at the public hearing.
8 Inch Lens Replacement Councilman Moore expressed concern over changing the 8 inch lenses to 12 inch
lenses. He felt it would be nice to have but questioned the priority. Mr. Goss responded that it was
included in the CIP budget and was a safety issue. Mayor Nader agreed with Councilman Moore's
comments. Mr. Lippitt responded that staff would return with a Supplemental Budget Memo.
VOTE ON MOTION: approved unanimously.
Library
City Manager Goss reviewed the requests and recommendations for the Library and referred to Supplemental
Budget Memo #12 dealing with the prospective FY 1993 periodical cancellations. The Literacy program
would be supported at the current level.
EastLake High School Branch Library Mr. Goss stated this was an excellent policy issue and the pro's and
con's were outlined in Supplemental Budget Memo #13. He stated he could not recommend whether it
should be a permanent facility but felt it should not be viewed as an EastLake library but a library serving
the entire eastern part of the City. Councilman Malcolm felt it was innovative and a great opportunity that
would benefit the community and also the students. Councilman Moore stated that concerns expressed
dealt with access, visibility, parking and safety. He agreed that more needed to be done jointly with other
agencies. Mr. Goss stated this was a pilot program and was felt it would be more efficient and effective.
7t: ~ /7
Minutes
June I, 1992
Page 3
MSC (Malco1m/Moore) to approve the Library budget as presented. Approved 4-0-0-1 with Councilman
Rindone abstaining.
Parks and Recreation
City Manager Goss reviewed the requests and recommendations for the Parks and Recreation Department.
Staff had not made a recommendation on a park ranger position. A Supplemental Budget Memo Would be
forthcoming and therefore he recommended that any action taken by Council on the budget exclude that
position.
Landscape Planner Mr. Goss stated there had been a change in his recommendation. The revised
recommendation was included in Supplemental Budget Memo #15 which recommended a half.time
landscape planner. He was now convinced that both the half.time landscape planner and the landscape
architect could be supponed by the Capital Improvement budget. Councilman Moore questioned whether
the expanded work Was a result of new growth. Mr. Goss responded that it was due to new growth, more
interjurisdictional planning, and CIP projects.
MS (Moore/MalcoIm) to approve the Parks and Recreation budget as presented.
Cultural Ans Coordinator Councilman Rindone requested that the additional 50% of funding be placed on
the "Wish List" for future Council consideration. He felt it was desirable to seek applications for a full time
position as it enriched the pool over a half. time pool. Mayor Nader agreed with Councilman Rindone's
request and suggested that applicants indicate whether they were available on a pan time or full time basis.
CUltural Ans Pride Faire Councilman Rindone was pleased that the Cultural Ans Commission instituted the
Pride Faire this year. He requested that the community pride aspect of the Faire be emphasized more than
the cultural ans aspect. He hoped that it would get the various ethnic groups in the community to actively
panicipate. Mr. Goss felt the Ans Pride Faire was an excellent counterbalance to what had happened in Los
Angeles.
Park Fees - Councilman Moore questioned when the Supplemental Budget Repon would be received
regarding park fees. Mr. Goss responded that he had seen the draft but the final repon was not prepared
at this time. Councilman Moore stated that the City had put large amounts of money into the parks and
he could not see putting in those types of improvements without reviewing fees. He would not have an
objection to a resident fee and a larger non-resident fee. Mr. Valenzuela responded that the Parks and
Recreation Commission had reviewed a Park and Recreation fee adjusonent last month, which included a
non-resident fee, which Was approved and would be brought to Council in the future for review. Mayor
Nader stated he was receptive to a higher non-resident fee but would need very compelling justification to
substantially increase fees for residents. If staff felt that Was necessary he would be more inclined to look
at other areas to cut to ensure that Chula Vista parks were as successful as possible for Chula Vista residents.
VOTE ON MOTION: approved unanimously.
Mr. Goss questioned whether the motion included the one-half time landscape planner. Mayor Nader
responded affirmatively.
Police DeparDnent
City Manager Goss reviewed the requests and recommendations for the Police Department budget. The Chief
had indicated that he would make changes on the beat and determine mid-year whether additional staffing
would be needed. Councilman Rindone requested that the neighborhood concept of the beat patrol be
evaluated for areas designated as high crime.
9C-/:5
Minutes
June I, 1992
Page 4
MSUC (Moore/Ma1colm) to approve the Police Department budget as presented.
Fire Department
City Manager Goss reviewed the requests and recommendations for the Fire Department. He stated that the
budget included full funding for Fire Station #6.
MSUC (Moore/Grasser Horton) to approve the Fire Department budget as presented.
Four Firefi2:hter Ensnne Staffin2: Mayor Nader stated he understood that this was not the year to take on
four firefighter engine staffing but he did not want it to be interpreted that the issue had been dropped on
a permanent basis. He felt it should be discussed again at a more fiscally opportune time. Chief Lopez
stated that the department was looking at the Reserve Firefighter program.
ORAL COMMUNICATIONS
None
OTIIER BUSINESS
3. Cl1Y MANAGER'S REPORTfS) - City Manager Goss informed Council that their next budget
meeting/worksession would be June 9th at 4:00 p.m.
4. MAYOR'S REPORTfS) - None
5. COUNCIL COMMENTS - None
ADJOURNMENT
ADJOURNMENT AT 5:22 P.M. to a Regular City Council Meeting on Tuesday, June 2,1992 at 4:00 p.m. in
the City Council Chambers.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
(' "
,-
by: ,\" < ". ' (. I. 'i '\
Vicki C. Soderquist, Deputy Ciry-<;:lerk
je ~ (;
ATTACHMENT F
MINUTES
LIBRARY BOARD OF TRUSTEES
MARCH 24, 1993
LIBRARY CONFERENCE ROOM
3:35 PM
BOARD MEMBERS PRESENT:
Chair Alexander, Vice Chair Viesca,
Trustees Donovan, Lathers, Williams
BOARD MEMBERS ABSENT:
wilson (excused)
CITY STAFF PRESENT:
Alex Al-Agha, Associate civil Engineer;
David Palmer, Acting Library Director;
Frank Rivera, Assoc. Traffic Engineer;
Hal Rosenberg, City Traffic Engineer;
Roberto Saucedo, Sr. civil Engineer;
OTHERS PRESENT:
william S. Burton, Burton Associates;
Luis Carreira, citizen; Robert Coye,
citizen; Gustavo Garcia, citizen; Isabel
Garcia, Chula vista High School; Maria
Lopez, Chula vista High School, Maria
Garcia Marshall, ci tizen; John Mattox,
LPA, Inc.; Betty Roche, Friends Liaison;
Joe Yee, LPA, Inc.; Cristina Zamora,
Chula vista High School.
I. APPROVAL OF MINUTES - Meeting of February 24, 1993
MSC (AlexanderjViesca) that the minutes of the February 24,
1993 meeting be approved with the following corrections:
Page six, paragraph two, line four be corrected to read "an
interest in fiscal responsibility", and page three, section A,
paragraph two, be changed to read, "The Act, which recently
went into effect,". Approved 4-0-1 with Trustee Wilson
absent.
II. CONTINUED MATTERS
A. South Chula vista Library
1. Fourth and Orange Street Improvement
Acting Director Palmer introduced members of the
City's Design and Traffic Engineering Divisions to
discuss the street widening project. Alex Al-Agha,
Project Engineer, explained that the street
improvements portion of the Library project is
limited to Library frontage along Fourth and Orange
Avenues. Orange Avenue will be widened
approximately 50% with all the improvements
iC-;20
LIBRARY BOARD OF TRUSTEES
- 2 -
MARCH 24, 1993
occurring on the south side, while sidewalks and
curbs will be installed along Fourth Avenue.
The Safety Commission, a group of citizens whose
primary concern is traffic safety, reviewed and
approved on February 26, 1993 the city's plans for
street widening with the addition of a center
median on Orange Avenue that would allow a left
turn into the Library grounds, but prevent a left
turn out of the library going west on Orange
Avenue. In addition, the center median on Fourth
Avenue would prevent left turns into and out of the
Library property. The Library Board had received
the minutes of the February 26th Safety Commission
meeting in their packet.
Hal Rosenberg, City Traffic Engineer, reported that
Fourth and Orange Avenues are major, high-volume
streets designed to carry 25,000 to 30,000 cars per
day. with the continued build-out of the City and
further commercialization within the area, traffic
volume will increase. The construction of islands
on the streets are necessary to control and channel
traffic.
Chairman Alexander asked if the center median would
have a fence to prevent children from crossing
Orange Avenue. Hal Rosenberg, City Traffic
Engineer, answered that the median is primarily to
provide a delineation for the cars and would not
prevent pedestrians from crossing mid-block. He
explained that City policy is to educate the public
not to cross mid-block, which in this case would'be
illegal. Landscaping planned for the median that
may discourage casual crossing.
Acting Director Palmer reported the issue of
preventing a left turn from Orange Avenue had been
discussed by the Safety Commission and at the town
meeting at the Otay Community Center in January. A
number of residents attending these meetings
expressed concern that traffic would increase along
Quintard and El Lugar Streets. The center median
configuration approved by the Safety Commission
would prevent individuals from making a left turn
out of the library lot on Orange Avenue onto
Quintard. Mr. Palmer stated he was originally
opposed to this configuration but learned that it
is not uncommon to find a one way exit at large
facilities, shopping centers and the post office.
At certain times of the day traffic on Quintard is
~L -;2-)
LIBRARY BOARD OF TRUSTEES
- 3 -
MARCH 24, 1993
a high as on Orange Avenue.
the Library Board support the
recommendation.
He recommended that
Safety commission's
Chairman Alexander opened the meeting to members of
the public for comment.
Maria Garcia Marshall asked:
(1) How graffiti would be controlled at the new
library;
(2) The street setback for houses that would be
affected with the widening of Fourth Avenue;
(3) What would happen to the duplex at the corner
of Fourth and Orange; and
(4) How much parking would be accommodated at the
new library.
Mr. AI-Agha stated that Fourth Avenue would be
widened only in front of the new library. Property
north of Orange Avenue will not be affected. The
zoning setback is 20-25 feet between the driving
lane and existing houses.
Acting Director Palmer stated that the new library
would have 175 parking spaces, 20 more than the
library at 365 F Street.
John Mattox, LPA, Inc., answered that graffiti had
been a concern at every public meeting held for the
South Chula vista Library. Some preventative
measures to be incorporated in the new building
would be an adequate setback from the street,
lighting, thorny landscaping, and graffiti-proof
paint.
Mr. Carreira questioned whether Library users would
be able to make a left turn from Orange onto
Quintard. Mr. AI-Agha explained that a center
median would prevent a left turn onto Quintard.
City Traffic Engineer Rosenberg reported that
during meetings with representatives of the
neighborhood, residents petitioned the City to
design the project making Quintard a cuI de sac.
This may occur during the next phase of street
improvements to Orange Avenue, but is not a part of
the current project.
MSC (ViescajDonovan) that the median at Orange be
effectuated as stated for the ingress and egress
9 C - ;2:2-
LIBRARY BOARD OF TRUSTEES
- 4 -
MARCH 24, 1993
from the Library at orange and Fourth. Approved 4-
0-1 with Trustee wilson absent.
2. Project Manager
Acting Director Palmer reported that the City
council approved hiring Starboard Construction
company to provide project management services for
the South Chula vista Library. This firm will help
the Library through the design phases, the bid
award and final construction of the Library. The
negotiated fee for their services is slightly in
excess of $182,000, $76,000 of which can be
reimbursed through the grant. To provide these
services in-house would cost more without any m~ans
of reimbursement.
3. Landscape and Design
Mr. Yee, Director of planning at LPA, described his
concept for landscaping the new South Chula vista
Library, treating the project like a small hacienda
set on a low bluff. On the outskirts of the
property will be a naturalized arroyo area with
sycamore and poplar trees. The parking lot would
be defined by an orchard of oaks. A drive lined
with palm trees would delineate the entrance to the
Library. As one moved closer to the library the
landscaping would become more lush. Along the base
of the building would be a bougainvillea ground
cover to discourage graffiti.
.
Acting Director Palmer reported that the South
Chula vista Library plans will go before the city's
Design Review committee on April 12th, (4:30 pm)
and before the Planning commission on April 28th
(7:00 pm).
B. ADA Plan of Service
Acting Director Palmer reported that Chula vista Public
Library has been awarded $29,950 in grant funds from the
State Library to help bring the Library into compliance
with the Americans with Disabilities Act. Funds will be
used to create an adaptive work center at the Library at
365 F street.
The grant application required a Library transitional
plan for ADA service compliance, a draft of which was
distributed to the Trustees at their February 24th
IC~~J
LIBRARY BOARD OF TRUSTEES
- 5 -
MARCH 24, 1993
meeting. Generation of this document required
considerable staff time to complete. Mr. Palmer asked
the Trustees for their input stating that the plan should
be finalized no later than May 1st. with this award,
Chula vista Library staff has applied for and received
over $125,000 in grants during this fiscal year.
C. EastLake Library
The Trustees received a draft of the contract at their
February 24th meeting along with a summary of highlights
and key issues. Questions and comments were solicited
from the Trustees. Acting Director Palmer asked the
Trustees for their support of this joint-use contract
with the School District.
Chairman Alexander asked if the School District had
agreed to make the circular driveway one-way to allow on-
street parking. Mr. Palmer stated that this issue could
not be addressed until construction is completed. Chair
Alexander also asked if noise from nearby sporting events
would be distracting to library users. Mr. Palmer stated
that this is addressed in the contract, but he is
concerned that Saturday soccer games and evening
basketball games may be disruptive.
MSC (DonovanjViesca) that the Library Board supports the
Library on the joint use agreement. Approved 4-0-1 with
Trustee Wilson absent.
Mr. Palmer also reported that the agreement with Eastlake
Development Company is also very close to completion.
D. Library Budget
Acting Director Palmer stated that there was no new
information on the budget. He reported that the cities
of Sunnyvale and Salinas are proposing closing their
libraries. The National City Public Library has lost
people and has frozen hiring. San Diego County is
proposing to run many of their branches with volunteers.
Past experience has shown that Chula vista Public Library
will be heavily impacted by decreased service levels at
other libraries.
L}c/;<i
COUNCIL AGENDA STATEMENT
ITEM
/tl
MEETING DATE April 27. 1993
ITEM TITLE:
RESOLUTION 17d'A~hOriZing the City Manager to Submit an Application for a State of
California 1993 Occupational Safety and Health Trainin9 and Education Grant for a Back Injury
Prevention Program for Sworn Police and Fire Department Employees.
SUBMITTED BY: DIRECTOR OF PERSONNEL (~
"
'\
REVIEWED BY: CITY MANAGER~~6[~~ (4/Sth Vote: Yes___ NO~)
The State of California is offering Occupational Safety and Health Training and Education
Grants to public and private agencies for the development of safety training programs for
certain high risk groups such as Police and Fire. The City's proposal is to develop a back
injury prevention program for these two groups of employees.
RECOMMENDATION: That Council adopt the Resolution authorizing the City Manager to Submit
an Application for a State Grant.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: The State of Cali forni a offers grants up to $75,000 for occupati ona 1 health
and safety training programs. Staff is interested in the development of a back injury
prevention program for sworn safety employees.
Back injuries represent a significant Workers Compensation and retirement exposure. In the
Police and Fire Departments, an average of 272 work days per year are lost due to back
injuries. The average cost to treat a back injury is $4,000, however, a back surgery can
cost as much as $30,000. In the first three months of 1993, two sworn safety employees had
back surgery. Since 1985, there have been twenty Industrial Disability Retirements among
sworn safety personnel - eleven were due to back injuries.
Typical back injury prevention programs focus on correct lifting procedures. While this type
of program is appropriate for controlled materials handling, Police Officers and Firefighters
are often involved in awkward emergency situations. The grant proposal seeks to develop a
back injury prevention program that can be incorporated into existing law enforcement and
fire suppression training programs. The training will focus on bio-mechanical advantage in
specific emergency situations.
The grant program limits consultant training services to 35% of the total $75,000 grant or
$26,250. The estimated cost to train all sworn safety employees is $35,200 ($156 per
person). Therefore, in order to train all sworn Police and Fire employees, an inkind
contribution from the City's Workers Compensation Trust Fund of $8,950 will be required. If
this grant is awarded to the City, staff will return in the future to request an
appropriation from the Worker's Compensation Trust Fund.
FISCAL IMPACT:
None to apply for the grant. If the grant is awarded, an appropriation of
$8,950 from the Workers Compensation Trust Fund will be needed.
II) - /
RESOLUTION NO.
/7/)91J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION FOR A STATE OF
CALIFORNIA 1993 OCCUPATIONAL SAFETY AND HEALTH
TRAINING AND EDUCATION GRANT FOR A BACK INJURY
PREVENTION PROGRAM FOR SWORN POLICE AND FIRE
DEPARTMENT EMPLOYEES
WHEREAS, the State of California is offering Occupational
Safety and Health Training and Education Grants to pUblic and
private agencies for the development of safety training programs
for certain high risk groups such as Police and Fire; and
WHEREAS, the city's proposal is to develop a back injury
prevention program for these two groups of employees; and
WHEREAS, the grant program limits consultant training
services to 35% of the total grant, therefore, in order to train
all sworn Police and Fire employees, an inkind contribution from
the City's Workers Compensation Trust Fund of $8,950 will be
required; and
WHEREAS, if this grant is awarded to the city, staff will
return in the future to request an appropriation from the Worker's
compensation Trust Fund.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby authorize the city Manager to
submit an application for a State of California 1993 Occupational
Safety and Health Training and Education Grant for a Back Injury
Prevention Program for sworn Police and ir Depar nt employees.
Presented by
Candy Boshell, Director of
Personnel
F:\homc\attomey\OSHT.grt
)IJ~;""
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item / /
Meeting Date 4/27/93
\10'11
Accepting bids and awarding contract for the
Resolution
purchase of trucks
Director of Finance ;j ~
City Manager-.i1 bJ ~)l
(4/5ths Vote: Yes_No-D
Bids were received and opened on April 12, 1993 in the office of the Purchasing Agent for the
purchase of the below listed vehicles. Bid proposal forms were mailed to nine truck dealers.
ITEM
I
2
3
4
OTY
2
1
1
1
DESCRIPTION
Trucks, pickup, 4x4
Cab & Chassis with Survey body
Cab & Chassis with Service body
Cab & Chassis with animal collection body
DIVISION
Engineering-Inspection
Engineering-Inspection
Parks Maintenance
Animal Regulation
The above vehicles were approved in the FY 92/93 budget. One of item 1, item 3 and 4 were
approved in the Equipment replacement budget. One of item 1 and item 2 were approved in the
General Fund for new hires in Engineering-Inspection.
RECOMMENDATION:
Item I & 2 - That Council award bid to EI Cajon Ford.
Item 3 & 4 - That Council award bid to Kearny Mesa Ford.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
ITEM 1 - Trucks. pick uP. 4x4
UNIT PRICE SALES TRADE-IN
BIDDER PRICE x2 TAX ALLOWANCE AMOUNT
EI Cajon Ford 13,545 27,090 2,099.48 - 1,750 $ 27 .439.48
Drew Ford 13,784 27,568 2,136.52 - 1,500 28,204.52
Fuller Ford 13,969 27,938 2,165.20 - 1,501 28,602.20
Kearny Mesa Ford 13,964 27,928 2,164.42 - 1,200 28,829.42
The low bid meets specifications and is acceptable.
11- /
Page 2, Item
Meeting Date 4/27/93
ITEM 2 - Cab & Chassis with Survev Bodv
UNIT SALES
BIDDER PRICE TAX AMOUNT
El Cajon Ford 23,565 1,826.29 $ 25,391.29
Drew Ford 23,767 1,841.94 25,608.94
Fuller Ford 25,711 1,992.60 27,703.60
Keamy Mesa Ford 25,785 1,998.34 27,783.34
The low bid meets specifications and is acceptable.
ITEM 3 - Cab & Chassis with Service Bodv
UNIT SALES TRADE-IN
BIDDER PRICE TAX ALLOWANCE AMOUNT
Keamy Mesa Ford 15,799.00 1,224.42 - 2,500 $ 14,523.42
El Cajon Ford 16,366.00 1,268.37 - 3,000 14,634.37
Fuller Ford 15,632.00 1,211.48 - 1,501 15,342.48
Drew Ford 16,710.85 1,253.24 - 2,000 15,424.09
The low bid meets specifications and is acceptable.
ITEM 4 - Cab & Chassis with Animal Collection Bodv
UNIT SALES TRADE-IN
BIDDER PRICE TAX ALLOWANCE AMOUNT
Keamy Mesa Ford 21,189 1,642.15 - 2,800 $ 20,031.15
El Cajon Ford 21,700 1,681.75 - 3,000 20,381.75
Fuller Ford 21,049 1,631.30 - 1,501 21,179.30
Drew Ford 26,100 2,822.75 - 2,500 25,622.75
The low bid meets specifications and is acceptable.
FISCAL IMPACT: Sufficient funds are provided for in FY 92-93 Equipment Replacement
Fund for the purchase of one truck listed in item 1, item 3 and item 4. The budget provides
$50,673. Purchase cost will be $47,399.31.
Sufficient funds are provided for in the General Fund for one truck listed in item 1 and item 2.
The budget provides $47,480. Purchase cost will be $39,986.03.
WPC: F:\HOME.\ENGINEER\AGENDA\811.93
ll"l.
RESOLUTION NO. 171/9 )
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE PURCHASE OF TRUCKS
WHEREAS, bids were received and opened on April 12, 1993 in the office of the
Purchasing Agent for the purchase of the following vehicles:
ITEM QTY DESCRIPTION DIVISION
1 2 Trucks, pickup, 4x4 Eng.Inspection
2 1 Cab & Chassis with Survey body Eng.-Inspection
3 1 Cab & Chassis with Service body Parks Maintenence
4 1 Cab & Chassis with animal collection Animal Regulation
body
WHEREAS, the following bids were received for Item 1:
ITEM 1 - Trucks. Dick uu. 4x4
UNIT PRICE SALES TRADE-IN
BIDDER PRICE x2 TAX ALWW ANCE AMOUNT
El Cajon Ford 13,545 27,090 2,099.48 - 1,750 $ 27 .439.48
Drew Ford 13,784 27,568 2,136.52 - 1 500 28,204.52
,
Fuller Ford 13,969 27,938 2,165.20 - 1,501 28,602.20
Kearny Mesa Ford 13,964 27,928 2,164.42 - 1,200 28,829.42
WHEREAS, the low bid of El Cajon Ford meets specifications and is acceptable;
and
WHEREAS, the following bids were received for Item 2:
1/-3
ITEM 2 - Cab & Chassis with Survev Bodv
lll'ill: SALES
BIDDER PRICE TAX AMOUNT
E1 Cajon Ford 23,565 1,826.29 $ 25.391.29
Drew Ford 23,767 1,841.94 25,608.94
Fuller Ford 25,711 1,992.60 27,703.60
Kearny Mesa Ford 25,785 1,998.34 27,783.34
WHEREAS, the low bid of E1 Cajon Ford meets specifications and is acceptable;
and
WHEREAS, the following bids were received for item 3:
ITEM 3 - Cab & Cassis with Service Bodv
UNIT SALES TRADE-IN
BIDDER PRICE TAX ALLOWANCE AMOUNT
Kearny Mesa Ford 15,799.00 1,224.42 - 2,500 $ 14.523.42
E1 Cajon Ford 16,366.00 1,268.37 - 3,000 14,634.37
Fuller Ford 15,632.00 1,211.48 - 1,501 15,342.48
Drew Ford 16,710.85 1,253.24 - 2,000 15,424.09
WHEREAS, the low bid of Kearny Mesa Ford meets specifications and is
acceptable; and
WHEREAS, the following bids were received for Item 4:
ITEM 4 - Cab & Chassis with Animal Collection Bodv
UNIT SALES TRADE-IN
BIDDER PRICE TAX ALLOWANCE AMOUNT
Kearny Mesa Ford 21,189 1,642.15 - 2,800 $ 20.031.15
E1 Cajon Ford 21,700 1,681.75 - 3,000 20,381.75
Fuller Ford 21,049 1,631.30 - 1,501 21,179.30
Drew Ford 26,100 2,822.75 - 2,500 25,622.75
//-- 'I
WHEREAS, the low bid of Kearny Mesa Ford meets specifications
and is acceptable.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby accept said bids and awards the contract for Items I and 2 to El Cajon
Ford and for Items 3 and 4 to Kearny Mesa Ford.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
hereby authorized and directed to execute said contracts for and on behalf of the City of Chula
Vista.
to form b
Presented by
Lyman Christopher, Director of
Finance
Bruce M. Boogaard, City
Attorney
F:\home\attorney\trucks
11_ 5
COUNCIL AGENDA STATEMENT
Item /~
Meeting Date 04/27/93
ITEM TITLE:
Resolution) 7tJ'(pproving the submittal of a grant application to the State
of California Department of Parks and Recreation to fund stage improvements
at Memorial Park
SUBMITTED BY:
Director of Parks and Recreati~m
City Manager J~ ~ ~~l -".
(4/5ths Vote: Yes _ No X)
REVIEWED BY:
During the FY 92/93 capital improvement project budget process, the City Council approved the
appropriation of funds for the renovation of Memorial Park - Phase II. Following the completion of
Phase I, and after observing the Summer Concert Series and suggestions from community arts groups,
it was determined that an extension of the stage area would accommodate the special events, concerts and
theater performances held in Memorial Park. As an example, the larger military bands, who perform
in the Summer Concert series annually, requested that the Department consider an extension to the stage
to adequately accommodate the size of their band. In addition, extension of the stage will facilitate future
community events of a larger character. This report discusses the project to extend the Memorial Park
stage, and provide access for disabled performers; for which an application will be made for funds
previously appropriated by the State of California.
RECOMMENDATION: That the Council approve the Resolution to submit the application for the
grant.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: In FY 1990/91, the Department successfully worked with Assemblyman Steve Peace's
office to receive a grant of $98,500, specifically earmarked for improvements to the Memorial Park stage.
In 1992, the Parks and Recreation Department submitted a proposal to the Council for the Phase II
renovation of Memorial Park. Phase II was approved by the Council in the FY 92/93 CIP budget. The
scope of work for Phase II includes the reconstruction of the restrooms and the stage improvements.
Improvements to the stage will include installing a ramp at the rear of the stage to accommodate handicap
access and equipment; and extending the front of the stage 6 - 10 feet. The stage improvements were
recommended to Council during the CIP process due to the growth of cultural arts interest in Chula Vista.
When the Master Plan was formulated in 1988, the community indicated that they would like to see small
performances, such as musical trios, perform at the bowl. Consequently, a moderately-sized, raised
platform, was designed. However, recognizing that the community's cultural interest may change, the
Master Plan called for a design which retained the flexibility for expansion to serve future needs. Since
1988, the cultural interest of the community has grown dramatically. The Department is conducting
theater performances, an expanded concert series through partnerships with local businesses, community
Cultural Pride Festivals and major dance recitals.
Impgrant]
I,) - /
Item
Meeting Date 04/27/93
Many of these cultural productions have been held in cooperation with other arts groups; i.e., the Cultural
Arts Commission or the Chula Vista School for performing arts. One major concern expressed by these
groups was the limited stage space and the need for a larger area to program diverse performances. The
City has an opportunity to expand the stage area through a grant from the State. The Department will
also evaluate other improvements to this area such as the addition of dressing facilities. Prior to any
improvements occurring, staff will forward recommendations to Council for consideration.
In order to encumber the funds, the first step in the process is to make an official application to the State
for the funds. The Parks and Recreation Department is currently in the process of making the
application. As part of the process, the State requests the applying Agency to certify, hy Resolution, its
approval of the application before submission of said application to the State. This is not a new
procedure and this process has been followed consistently in the past for the Department's applications
for State grants, which have been utilized in City projects such as Rohr Park; Norman Park Center, and
renovations of playground apparatus, etc.
Staff believes the stage improvements will enhance the utility for the City and community groups to offer
a diversity of cultural offerings and provide access to the stage by the physically challenged.
FISCAL IMPACT: None. The grant amount is $98,500 and will provide full funding for the stage
improvements at Memorial Park.
Attachments -
Site Map NOT SCANNED
(mpgrant]
2
I';' .. )..
RESOLUTION NO.
) 7~9.J.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE APPLICATION FOR
GRANT FUNDS FROM THE CIGARETTE AND TOBACCO
PRODUCTS SURTAX FUND PROGRAM FOR STAGE
IMPROVEMENTS AT MEMORIAL PARK
WHEREAS, the Legislature and the Governor of the State of
California have approved a grant for the project shown above; and
WHEREAS, the State Department of Parks and Recreation has
been delegated the responsibility for the administration of the
grant project, setting up necessary procedures; and
WHEREAS, said procedures established by the State
Department of Parks and Recreation require the applicant to certify
by resolution the approval of application before submission of said
application to the state; and
WHEREAS, said application contain assurances that the
applicant must comply with; and
WHEREAS, the applicant will enter into an agreement with
the State of California for subject project;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF CHULA VISTA:
1. Approves the filing of an application for Local Grant Projects
Funded From Various Special Appropriations assistance for the
above project; and
2. Certifies that said agency understands the assurances and
certification in the application form; and
3. Certifies that said agency has or will have sufficient funds
to operate and maintain the project; and
4. Certifies that said agency has reviewed and understands the
General provision contained in the state/ local agreement shown
in the Procedure Guide; and
5. Appoints the Director of Parks and Recreation as agent to
conduct all negotiations, execute and submit all documents
including, but not limited to applications, agreements,
amendments, payment requests and so on, which may be necessary
for the completion of the aforementioned project; and
/,J~.J
Appoints the City Attorney as legal counsel
with authorization to sign the certif' tion
application.
6.
Presented by
Jess Valenzuela, Director of
Parks and Recreation
F:\home\attomey\mpgrant
/';'1
agency
of the
as ~ 0
MEMORIAL PARK
STAGE AREA EXPANSION
SITE MASTERPLAN PROJECT SITE
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COUNCIL AGENDA STATEMENT
Item J 3
Meeting Date 04/27/93
SUBMITTED BY:
RESOLUTION I 7& 93Transferring $2,500 of unused CDBG funds
from various sub-grantees to the Lutheran Social Services of California for
the "Thursday's Meal" program
Community Development Director C. . S .
ITEM TITLE:
REVIEWED BY:
n
City ManagerJ" ,~l
(4/5ths Vote: YES _ NO ..X..J
BACKGROUND: In July 1991, Lutheran Social Services and the South Bay Ecumenical
Council began a weekly meal program for homeless people. The "Thursday's Meal" program
currently serves 200 people, half of whom are children. The committee overseeing the program
has recently expanded to serve meals on Mondays at the Presbyterian Church. Lutheran Social
S~r:~ces has. sent the City ~ouncil a le~c.t~~~~~L r,equesting $2,.500 to. cover the cost of
utilities, mamtenance, and msurance. ThiS is a ~)equest and immediately needed due
to the rapid growth of the program. Unused CDBG social services funds are available from
various sub-grantees.
RECOMMENDATION: That the City Council adopt the resolution transferring $2,500 of
CDBG funds from various sub-grantees to the Lutheran Social Services of California for the
"Thursday's Meal" program
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
The Thursday's Meal program was started by the South Bay Ecumenical Council, Lutheran
Social Services, and Chula Vista Human Services Council in July 1992. The purpose of the
program is to provide a weekly dinner meal, prepared and served by local church groups, to
homeless and needy families and individuals. The program is coordinated by Lutheran Social
Services and an ad-hoc committee of volunteers from various churches. Fay and Jerry Needle
of the Grandmothers Club provide on-site management and also pick-up food donations. To
date, over 500 volunteers from more than twenty religious organizations have prepared and
served meals. At the first meal served last July, a dozen people were served; currently, about
200 people are served each Thursday. The committee has recently added a Monday dinner
meal, which is prepared and served at the Presbyterian Church on Hilltop Street.
Due to the unexpectedly large response to the Thursday's Meal program, Lutheran Social
Services is making a one-time request for $2,500 of CDBG funds. Although the facility spaces
are provided without charge to the program, the Salvation Army and Presbyterian Church are
charging $15 per use for the cost of utilities and maintenance. In addition, Lutheran Social
Services must purchase paper products, plastic utensils, coffee, and cleaning supplies.
13"/
Page 2, Item /.3
Meeting Date 04/27/93
The ad-hoc committee is raising funds from the community to cover these expenses in the future,
as well as to expand the program to another night. However, the rapid growth of the program
has created an immediate need for the funds requested.
Unused CDBG social service funds are available from previous years. Several sub-grantees did
not use up their entire allocation, leaving amounts ranging from $200 to $1000.
FISCAL IMPACT: There is no impact to the general fund. The CDBG funds to be transferred
were allocated to sub-grantees in previous years but remain unexpended.
The funds are from the following accounts:
Jobs For Youth
Otay Comm. Clinic
Project Hand
Sweetwater UHSD
Shared Housing
TOTAL
647-6471-BG222
647-6471-BG237
647-6471-BG239
647-6471-BG249
647-6471-BG228
$ 1,036
767
282
200
215
$ 2,500
/3-';"
RESOLUTION
I ?/J93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
TRANSFERRING $2,500 OF UNUSED CDBG FUNDS FROM VARIOUS SUB-
GRANTEES TO THE LUTHERAN SOCIAL SERVICES OF CALIFORNIA
FOR THE "THURSDAY'S MEAL" PROGRAM
WHEREAS, the City participates in the Community Development Block Grant
(CDBG) Program, a principal goal of which is to fund programs and services which will benefit
low and moderate-income Chula Vista households; and,
WHEREAS, the South Bay Ecumenical Council, Chula Vista Human Services
Council, and Lutheran Social Services have established a home repair program for senior
citizens; and,
WHEREAS, the City is desirous of having those certain services for the benefit
of low income households, hereinafter enumerated, performed by the Grantee, and
WHEREAS, CDBG funds are available for reappropriation from completed
proj ects; and,
NOW, THEREFORE, THE CITY OF CHULA VISTA DOES HEREBY
FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS:
SECTION I. The City Council transfers $2,500 from the following accounts to
Lutheran Social Services of Southern California for the Thursday's Meal Program (a new
project):
Jobs For Youth
Otay Comm. Clinic
Project Hand
Sweetwater UHSD
Shared Housing
TOTAL
647-6471-BG222
647-6471-BG237
647-6471-BG239
647-6471-BG249
647-6471-BG228
$ 1,036
767
282
200
215
$ 2,500
SECTION II. This Resolution shall take and be in full force and effect
immediately upon the passage and adoption hereof.
SECTION III. The City Clerk shall certify to the passage and adoption of this
Resolution; shall enter the same in the book of original Resolutions said City; and shall make
a minute of the passage and adoption hereof in the minutes of the meeting at which the same is
passed and adopted.
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Resolution
Page 2
Chris Salomone
Community Development Director
Presented by:
[DHARRIS :DISK-93-4\LSS2 .RES]
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Lutheran Social Services of Southern [liiHfomia
March 25, 1993
Mayor Tim Nader and
The City Council of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor and Council Members:
Lutheran Social Services has been sponsoring a weekly congregate meal
program at the Salvation Army facilities (648 Third Avenue) since July of
1992. By the end of February we had served 3,302 people, 1,363 of whom
were children! Most of these people are the working poor of the South Bay,
with the number of homeless growing.
I am proud to say that this meal is served by congregations and organiza-
tions from all over San Diego County. To date a total of 539 volunteers
have generously given 1.499 hours of their time towards this effort.
Due to the growing numbers of those in need we will begin offering another
weekly meal on Monday, March 22, at Chula Vista Presbyterian Church.
The volunteers are in place for months in advance, and we expect those we
serve will be comparable in size to our meal on Thursday. Before the end of
the year O'~lr goal is TO atJ~ VSl another {;Ongr8galB I (ieCil on ~ithei Tuesday 01
Wednesday evening.
Currently we pay $15 per week at each site for utility and maintenance fees.
Over the course of a year these costs total $1,560. We also purchase
annually another $2,000 in paper products, utensils, coffee, and cleaning
supplies. Lutheran Social Services charges a nominal fee of $500 annually
for providing liability insurance. bookkeeping and program management.
/60--~~
Though proceeds of $500 are anticipated from congregational gifts ~- ~>-- '<.,?}"
~et unknown percentage will be received from the Crop Walk. we ~ ~[[.r.:";~~,\\.':}\
flllanclal need of $2,500. K L: _ ":..1 '. ,
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3101 Fourth Avenue, San Diego, CA 92103 . (619) 291-8722 . FAX (619)291-8724\./ ....
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Mayor and Council
Page Two
March 25, 1993
On behalf of this program we are asking the City of Chula Vista for $2,500
from CDBG funds to help meet current expenses and to expand this program
to one more night before the end of 1993. Next year we calculate our
financial need to be substantially less, since our financial resources base is
growing slowly and steadily.
This program serves a nutritious meal to mostly low-income families in Chula
Vista. The bulk of this meal is provided and served by volunteers. It is a
real need in the community and, therefore, I believe it is worthy of your
consideration. Please feel welcome to spend an evening with us and see
first-hand this wonderful cooperative effort.
Perhaps the City Council would like to put together a meal and serve it!
would be pleased to help you do that, if your time permits.
Thank you for your consideration in these matters. I have appreciated your
support in the past. I look forward to hearing from you soon.
Respectfully,
~~~
Area Director for San Diego County
I :J-~
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 4/27/93
ITEM TITLE: Resolution Il D Cj 't Approving First Amendment to a
Cooperative Agreement Concerning the Sweetwater River Flood Control
Channel with the County of San Diego
SUBMITTED BY: Director of Public Work~ ^~/
REVIEWED BY: City Manage0G ~J<; 0~ (4/5ths Vote:Yes_No X )
, ~
In May, 1984 the County of San Diego and the City of Chula Vista entered into a cooperative
agreement for construction of the Sweetwater River Flood Control Channel adjacent to State
Route 54 west of 1-805. Chula Vista agreed to pay 30% of unreimbursed local costs of the
project in that agreement. The proportion of costs that Chula Vista agreed to pay was based on
the portion of the project within the City.
The County had, in April, 1965 adopted a resolution agreeing to act as the sponsoring agency
representing local interests, including Chula Vista, in giving the assurances required by the
United States Government relative to construction of the channel.
Construction of the channel is virtually complete at this time and the County has requested
payment by Chula Vista of a portion of the project costs. Because of changes in several of the
premises upon which the original agreement was based it is necessary that the agreement be
amended before the payment can be made.
RECOMMENDATION: That Council approve the resolution.
DISCUSSION:
The agreement for the improvement of the Sweetwater River Flood Control Channel was based
on the understanding that the State of California, through an arrangement between the
Department of Water Resources (DWR) and Department of Transportation (Caltrans) would
advance all the funds required to pay the local share of the Sweetwater River channel
improvement project. These funds were required to pay for costs of rights of way, utility
relocations and relocation of bridges and highways, along with necessary engineering costs.
In 1989, litigation involving the Bayfront resulted in the Sweetwater River project being split
into two pieces. The portion east of the MTDB Trolley tracks was to be completed by Caltrans,
while the Corps of Engineers (C/E) took responsibility for completion of the portion west of the
tracks after the legal arguments were completed.
Caltrans completed its portion of the project in 1990. We are advised by the County that upon
that completion a claim for reimbursement of all the local costs incurred up to then was
N --1
Page 2, Item_
Meeting Date: 4/27/93
submitted to DWR and has been paid in full. This portion of the work was completed as
originally contemplated in the agreement between Chula Vista and the County.
In connection with the remaining work to be done by the CIE, it was necessary to obtain a
contractor's work area and to do placement, compaction and testing work for disposal of excess
wet excavated material. The County was billed by the CIE and has paid $413,788.51 to them
for the costs associated with these items as right of way costs. DWR has reviewed these costs
and has advised the County that the costs are reimbursable.
However, according to the County, the State DWR presently lacks the funds with which to pay.
The County is also experiencing a shortage of funds and has requested that the City of Chula
Vista pay its 30% share of the local costs now and share in the reimbursement from DWR when
that finally occurs. Because the CIE has not yet fully completed its project there will be
additional costs billed to the County and, consequently, to Chula Vista. The County has
indicated that the only remaining item of work is the landscaping of excavated material which
has been placed in the Caltrans right of way at the intersection of Route 54 and 1-5. It is
anticipated that any such future billings to Chula Vista will be much smaller than the amount
currently being requested.
FISCAL IMPACT: Funds for the Sweetwater River project were included in the Capital
Improvement Program under Project Number DR 102. A balance of $164,895 remains in this
project. After the requested payment of $124,136.55 is made $40,758.55 will still be available
for future costs.
RLD:FILE #DR-I02/KY-085
F:\HOME\ENGINEER\AGENDA \swtwtr2
042193
)1./-2.
FIRST AMENDMENT TO A COOPERATIVE AGREEMENT
BETWEEN THE COUNTY OF SAN DIEGO AND
THE CITY OF CHULA VISTA
WHEREAS, on May 15, 1984, the County of San Diego and
City of Chula Vista entered into a Cooperative Agreement for
construction of the flood control channel adjacent to State Route
54 between Interstate 5 and 805; and
WHEREAS, said Agreement envisioned State Department of
Water Resources (DWR) advancing the funds for payment of all
project costs for local flood control cost (LFCC), necessary rights
of way, utilities relocation, highway relocation (including
bridges) and engineering costs associated therewith); and
WHEREAS, in 1989, the Bayfront litigation resulted in
bifurcation of the project with DWR not fronting the money for a
portion of the project, but the County of San Diego fronting the
money for that portion of the project on behalf of itself (40%),
City of National City (30%), City of Chula Vista (30%) of local
flood control costs; and
WHEREAS, the County has submitted a claim or claims to
DWR for "reimbursement" of local flood control costs on behalf of
itself, City of National City and City of Chula Vista; and
WHEREAS, DWR has made a preliminary determination that
said costs are "reimbursable", but no final determination has been
made and no funds may be available for reimbursement if DWR
ultimately finally determines that they are "reimbursable"; and
WHEREAS, the County is now in need of money; and
WHEREAS, it is necessary and desirable to amend the 1984
Cooperative Agreement to provide for City payment to County of the
amount County advanced on behalf of City, subject to ultimate
potential reimbursement by DWR.
NOW, THEREFORE, the parties agree as follows:
1. Paragraph 5 of Section II of said Cooperative
Agreement is amended to read:
(Add following existing paragraph)
City further agrees to pay the amount of $124,136.55 on
or before April 13, 1993 to reimburse County for its advancement of
those funds toward the 30% share in the event DWR ultimately
determines within the 10 year period that the City's share of local
flood control costs are not reimbursable. Said payment is a
partial payment to County and the parties understand and agree that
1
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further payments may be due to County upon Army Corps of Engineer
ultimate completion of said project and final determination of
"Local Flood Control Costs", which as of the date of this amendment
are not yet fully determined. It is further understood between the
parties that County is still authorized to and shall process claims
to DWR for reimbursement for local flood control costs on behalf of
the City of Chula Vista for all of said amounts, including those
made by this partial payment.
2. All other terms and conditions not amended by this
Amendment remain in full force and effect.
IN WITNESS WHEREOF, the parties hereunto have caused this
First Amendment to Agreement to be executed by their properly
authorized officials.
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
Tim Nader,
Mayor
Brian Bilbray,
Chairman, Board of Supervisors
Date:
Date:
County Clerk
Attest:
City Clerk
Attest:
Approved as to form
Approved as to form
County Counsel
Lloyd M. Harmon
F:\home\attorney\coopAG.SDC
City Attorney
Bruce M. Boogaard
2
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COO?E?Ail"E AG,,~~~::~lT
BE T\.'E HI
THE CDUllTY OF SAil DIEGO
A.'ID THE
CITY OF CtiUL.A ~ISiA,)
THIS AGREEJ1EflT, entered into this 15th day of I',ay
1904, by and beD-leen the County of sa~ Dieso, hereinaIter-r-d<irred to as
"COUNTY", and tile City of Chu1a Vista, hereinafter referred to as "CITY", is
ITldde pursuant to authority of Chapter 5, Article 1 (to:;T.1~ncing wi th Section
6500) of the Cal ifornia Government Code (Joint Powers kJreement):
U~E SSE T H : . ". _::'.~;~\~~~j:;{.~
WHEREAS, the United States Gov~nt as, under au thor1 ty of Publ ic law
90-403, approved kJgust 13, 1968, undert~kerl design "nd cGn"truction of a
flood control project in San Di~o County, California, knc'wrl as the Sweeh/dtel'"
River Flood Control Channel, Bonita H€sa Road to San Dipgo flay, hereinafter
re ferred to as "PROJECT"; and. . .
WHEREAS, on April 20, 1965, COUNTY adopted Resolution tin. (JO agreeing to
. act as the sponsoring agency rep~senting local i~tereots, indudin9 the CITY,
. in giving the assurances of cooperation required by the Unit~d State~
.Govern:nent in support of PROJECT and the assu::1ption uf crrt.Jir. GPsignated
obligations; inclUding providing, Hit110Ut cost to the United States, of all
necessary rights-of-way; perfcming all necessary constructiC1n> mndification
or relocation of highllays (including bridsesl, ~tilitic~, and irrigation and
drainage facil ities required in connection with PROJECT; alld l11J intaining and
olJerating PROJEET in accordance with the regulations to be prcscribed by the
.Secretary of the Amy; and
WHEREAS, the proposed location of the f1 ood control channel is along th!
al i gnmPl1t adopted by the Ca1 ifornia Highway 'Co::mission for cc.nstruction of
State Route 54 Freeway including interchanges for Intl'r;,t~tf' ROllles 5 and 005;
and . ..
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WHEREAS, the State legislature, under \-later Cod", Section 12145 (Stats.
196n, C. 1030, P. 2007, 51) adopted and authoriz~ the SI/e<:t\iater River Flood
Control Project at such cost to the State as may be appropriat~d by the
legislilture upon the advicE' of the State l€part:nent of \ioler Resources
h('rl~ indfte'" refl?rred to as "0'",,". !,\\.~p. is authorized to rf'imurse local
agencies for local costs r~uired by the project for lIecessary rights-Qf-\>lay,
utilities relocation, highway r!location (including bridges) and t;ngi:1~ring
costs associated the~ith (Local Flood Control Costs); and
. \IHE'\~A.S, an 3gree~ent 'lIil1 be negotiilte-d ue'."een the Stilte of c" ria.
De~)Jrtnentof Transportation, hereinJfter referred to a "II!G~:;;\'(S." t~e
Un ited State Army Corps of Engineers to cover construction of aforesill<', He
POlite 54 and PROJECT under one contract administered by HIGfNAYS; and
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\!HEKEAS, cou~ln will acquire certain rishts-<Jf-way neCl?ssary' for
construction of PROJ:::CT; and
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"HER EAS , HI GI-:'\IA YS will re 1 oca te and recons true t. or a rrJ nge for the
relocaticn and reconstruction of existing streets, brirloes, utilities,. and.
.irrigation and drainage fadl ities fi1ade necessary by thp .construction of the
joint fl ood control and hi ghw~y project; and
\.I11EREAS, COlJ~ITY tlill ne90tiate an agreement with HIGH',,'AYS concerning the
reirr:burse:nent to HIGHWAYS of cost for the relocaticn ilnd reconstruction
existing str~ets, bridges, utilities, and irrigation and drainage facilities
located witin the limits of PROJECT (Local Flood Control. Costs)' at an
estimated local cost of $5,!i60,OOO:. HIGt-:.IAYS will make payments necessary "for 1
Local Flood ContTol Costs for a period not to exceed ten (10) years after '.
compl etion of construction; and '-
~'HE..~EAS, D\lR will make reillilul"S~nt to COUNTY for all necessary Loca'
Flood Control Costs,except for rights~f-'r/ay not ne~essary for PROJECT or for
uny exc:e~se~ of equivalent replacement over the existing facil Hies, such
excesses being dete~ined by D'.IR to be betternents; and '
\.'HEREAS, any rights-of-'r/ay not necessary for PROJECT or any morlifications
other than equivalent replacer:-.ent of streets, bridges, utilities, and
irrigdtion and drainage facilities under the CITY'.5 jurisdiction required
sol ely due to the construction of PROJECT are considpred up.tterments and
therefore the responsibll ity of the CITY to the COUlliY as Arlministrator of
PROJECT: and
\.I11EREAS, on April 6, 1965, CITY adopted Resolution f:o. 3ESO, whereby it
requested COUIIT'!' to give the assurances re-quired by the United States to
,provi de the 1 ocalcooperation necessary for the cbn~truction of the PROJECT,
and further, agreed to make payment to COUNTY for thosp nonrei"~ursJble costs,
considered bettel'7Trents, in the reconstruction of strpets, bridges, utilities,
and irrigation and drainage facil ities.
110'1/, THEREFORE, it is agreed as follows:
SE CTIOlI I '
COUNTY agrees:
, "
1. To acquire all ne-cessary rights-of-way and relocate util itie~ for PROJECT
not covered by Cooperative Agreement behleen tile COUNTY and HIGHWAYS,
dated ~larch , 7, lno.
2, To prepare plans and. specifications for relocation and rClunscruction of
exi>ting stre-ets; bridges, utilities, and irrig'ltion ':lnd drainage
facil ities located within the 1 imits of PROJECT and not covered by the
a forementi oned Coopera tive Ag-reement bet'./een t.l1e COUNTY and H IGH\oIA YS
covering construction and maintenance of bridges.
- 2 -
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3. 7J cause to be constructed the aforesaid relocation and reconstruction.
4. To bear any nonreir;;bursassble costs for aforesaid rights-of-way,
relocation and reconstruction within the unincorporated area of the COUIITY.
,
,
5. To make a11 necessary negotiations and agree~nts with Ult United States
Govern[;lent for the maintenance of PROJECT including the' flood control
channel and appurtenances wi thin the flood control channel right-of-way.
.
6. To furnish the CITY prior to April 1 of each year an est1mat~ of its share
of maintenance costs for the subSE'quent fiscal ypar for all improvE'ffients
other than channel c~ssing structures, lying within PKOJCCT right-of-way,
7. ,COUflTY,'agrees.to':submit.claims to' DWR.for Local Flood Control".Costs:~
COUtlTY further agrees to pay HIGHWAY for those costs incurred to HIGHrlAYS
for Local Fl ood Control purposes and which have been reimburspd to COUfl1Y
by DWR.
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SECTIOU I I
CITY agrees:
1. To bear that share of the rights-of-way cests within the CITY 1 imits of
" Chul a Vista that are determined to be nonreirr.bursable by l)'.-1R.
2. To bear that share of costs for relocation and re~o"structiDn of 'existing
streets, bridges, utilities, and irl'igation and crianage facilities within
the CITY 1 imits of Chula Vista that are deter:nined to hI' nonreirrbursable
by DWR.
.
::,3.
CITY shall reir!'burse the COUNTY 30~ of the actual cost of Maintaining all
i[;lprove~nts other than a forement ioned channel Cl'OS" i ng s ~rllc Lures lying
within the flood control channel right-of-way.
4.
CITY shall pay the COUNTY within 60 days of its receipt of notice of such
maintenance cost obligation. "
5.
CITY agrees to pay 3~ of all Local Flood Control Costs
been reirrbursed by DI-IR within 10 years following
construction of the project.
which have not
completion of
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SECT IO~1 III
IT IS MUTUALLY UNDERSTOOD AND AGREED:
1. The determinations of D'~R concerning reirriJursabil ity will be binding on
all parties. to this Agree~enL
2.
That neither. cou~rrY nor any officer or employee thereof shall be
responsible for any damages or liability occurring by reason of anything
done or omitted to be done by CITY under or in conm-ction with any work,
authority or jurisdiction delegated to CITY uncier this Agreement.. It is
also understood and agreed that, pursuant to Government Code Section
095.4, CITY shall fully indemify and hold COU~,j( h~rmless from any
1 iabil i ty imposed for injury (as defir.ed by Goverrnnent Code Section 010.0)
occurring by reason of anything done or omitted to be done by CITY under
or in conne-ction with ~ny l'Iork, auUlOrity or jurisJiction delegated to
C!TY under thi s Agreement.
3. That neither CITY nor any officer or employee there<Jf is responsible for
any damage or 1 iabil ity occurring by reascn or anytlling done or omitted to
be done by COUNTY under or in connection with any work. authority or
jurisdiction not delegated to CITY under t'li, Ayrec[:lt'!1t. It is also
understood and agreed that, pursuant to Govern~nt Code Secti on 095.4,
COUIlTY shall fully inde!m'lify and hold CIn hamle" for any liability
il'1posed for injury (as defined by Government Code S~ctioll mo.O) occurring
by reason of anything done or ami tted to be done by ccu:nr ~nder or in
conne-ction \1ith any work authority or jurisdiction not delt'gated to CITY
under this Agreement.
That the provisions of this Agreement and its execution shall not be
effective or binding upon CITY unless other related agreeClents essential
to compl etion of the project are duly executed by CQUIITY \Iith the agencies
1 isted below:
4.
.~
~
".
AGENC Y
TYPE OF A~EE!~ENT
City of National City
Bridge Reconstruction and Channel
Ma i ntenance
Port District
Channel Maintenance
State of California, Division
of Highways
Bridge Reconstruction and
Haintenance
5.
In the event of any changes in the boundarit's. of the unincorporated area,
the City of Chul a Vista or the City of National City, the percentage of
channel maintenance costs stated in. Section IT-3 will be adjusted to
reflect such changes. . ..
. '" ...>;
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111 WITNESS WHE~OF, t..'".e parties hereto have caused this Agreement to be
e~ecute<:l by their properly aut.'1orize<i officials.
COUHTY OF SAH DIEGO
ATTEST:
~r- .Il.ll1~
By: U/t1- P'"
ASS't:""Clerk , Board or SUpeJ""ll1S0rS
ROBEl' D. ZU).~ALT
County Cle::-k
By (72.'-7'...6' ). ~ ~~~
Deputy
Date: August 21, 1984 (27)
CITY OF CHULA VISTA
ATTEST:
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lj.. f)n
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~ay 16, 1984
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By
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APPROVED ftS TO FOR!o\:
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By:
j\~Hl Wy the Board of SupeMt.ort 01
the Count; of s..an Ol.~ .
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ounsel
.~A~...<d~ .
City Attorne .;."1.../
P.UG 2 1 1984 -if;. 7
f~flJ~'ttwd
Clerr. cl lho: Bo.Jld QI 5u~ervl$tlrl
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GRANVILLE M. BOWMAN
OIAECTOA
le'9l884--2:212
ILOCAT10N COO! 7501
Q1oulti~ of ~alt ~i.ego
DEPARTMENT OF PUBLIC WORKS
COUNTY E.NGINEER
COUNTY AIRPORTS
COUNTY ROAD COMMISSIONEFI
TRANSPORTATION OPERATIONS
COUNTY SURVEYOR
FL.OOO CONTROL
LlCUIO WASTE
SOLIO WASTE
$555 OVERLANQ AVE. SAN DIEGO. CALIFORNIA B2'23~'295
June 18, 1992
Mr. John Lippitt
Director of Public Works
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mr. Lippitt:
Subject: Construction of Sweetwater River Channel
On May 15, 1984, the City of Chula Vista and the County of San Diego entered into a
cooperative agreement for the construction of Sweetwater River Channel. Under the
terms of the agreement, the County was to be the lead agency to facilitate the
construction of the channel by the Army Corps of Engineers.
The project has now been almost completed by the Corps of Engineers. The only
remaining item of work is landscaping of the excavated material that has been placed in
the Caltrans right-of-way for Interstate 5 and 54 freeways. The Corps expects this work
to be carried out within the next few months.
According to the agreement, the City of Chula Vista is to pay 30% of the local flood
control costs. To date, the County has paid $413,788.51 toward the local flood control
costs. Your 30% share of this amounts to $124,136.55.
A breakdown of the local flood control costs incurred by the County to date, is as follows:
1.
Payment to Corps of Engineers
$279,000.00
2.
Rent payment to Chula Vista investors
for contractor's work site I
. $ 42,000.00
/ L/ / II
-
.
.
t
Mr. John Lippitt
Page 2
June 18, 1992
/
/
3.
Payment to Dixieline Corporation for
inspection and testing of materials on
the Dixieline property
$ 63,854.09
4.
County staff costs
$ 28.934.42
TOTAL
$413,788.51
The payment to the Corps of Engineers relates to placement, compaction, and testing of
the excavated material on the Dixieline property. These costs were determined to be local
flood control costs by the Corps of Engineers.
We would appreciate it if you would send us $124,136.55 as your share of the local flood
control costs to date. These costs are eligible for reimbursement by the State Department
of Water Resources (DWR). We are in the process of making a claim with the DWR for
the reimbursement of $413,788.51. Whenever DWR pays us this amount, we will
reimburse you your share of the costs.
We expect to incur further costs in the processing of the reimbursement claim to the State
DWR and the finalization of the project by the Corps of Engineers. However, these costs
should be minimal compared to the costs incurred to date.
If you have any questions, please contact Jas Kooner at 694-3884.
Very truly yours,
N S. BURKE, Deputy Director
partment of Public Works
JSB:JSK:sb
Attachment
.b/kooner/lippitt.lrc
,
/q.~/d..
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~'';;;.T!<,iIT' ..~y
-... ~..44."
t "'1~~'i"'" 'p'
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j~;'i 0 5 1990
~ RAN\lILl.l: M BC\NMAN
OIl'lfCTO<;
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~(111
CV
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COUN,..... E....OI"'lEEP
COVNTy AI~iI"O~lS
C.QlINTV "'CAe CQMMt$$IONl!:fq
rI1ANS,eO~nATION OPERATIONS
COUNT"'" IURVF;VOR
flOOD CONTROL
i..IQ,HO WASTE
~OI..lD WASTE
':1\,., ""''::'.]]12
DEPARTMtNT OF PUBLIC WORKS
Il:JCAT'ON r.OOE '50"
55~5 Ovt;QLAND A\'t 5AfJ DIEGO =.ll,LIj:O~,""'A 5411 J.: '29r,
JUlie 4, 1990
Mr. Eric DeRuit@r
Southern District
Department of Water Resources
P.O. Box 6598
Los Angeles, CA 90055
Dear Mr. DeRuiter,
Subject: Sweetwater River Chanllel Excavation
J refer to our tel~rJhone :ollversation of T~esday, May 22, 1990.
The Army Corp of Engineers is In the !lnal stages 01 pc',lng au' to
bid the COflstrtlction projec: fer extaVati~n ~f Swe~t~~:~~ ~iV~L
Cna:l:lel 1n the "lcinity of !i)'erstate- S. The C:)Llr,t~' 0( Sail Di~gQ
Is lesponsible for prOVIdIng the site tor ~!sposal fOl excavated
material.
Tvn sites are required for the peoject 55 follo~.:
1. A Dixieline Corporat:on Seven acre parcel is :0 be used
for disposal of 120,800 cubit lards of dredged ~et
maledal as veL a$ dispo~al of so"e d'l 'J;'.teria]. '['he
Corp of Engineers estimates the cost of si!e prepar~tion,
fill compaction and othe~ related work at $]03,000.
2. Bill Barkett owns a 300'x300' parcel at thE lIonhvest
corner of Sveetvater River Channel and Inter$[ale 5. This
parcel is to be used for the purpose of operating a
Resident EJlgineer'S atfire and A CGntra~tol storage yard.
The County may hav"" to pay tellt for the use of thi5
property as a contractor's workyard.
3. You infOrmed m8 thlt both the above costs are
rei"bursable by the St~te D"pdrtment of \iatel~ Resources.
You would like a real estate market appraisal for hoth these
properties. ~e will proceed to obtain the "Grket dPP~8isals and
forward the" to you.
Mr. Erick DeRuiter
/ Lf - /.:3:,
-
Page Tllo
June 4, 1990
"'1'
If you have any Questions. please contact Jas Kooner at (619)
694-3884.
Very truly yours,
J.J:~_~
IJOHN S. BURKE, Deputy Dlre((Ol
Department of Public Yorks
JSB:JSK:ds
Jas'\'~rit::: ~:.~.:. ;~~
Pmt<:l00\ Civli E.::~~.ll~~r
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J",N 0 5 1990
GRANVI~~E M BOWMAN
OIRe-eTOR
lll;'IO!1 e,a...2212
ILOCATION CODE 'S.OI
QIount~ of ~an ~i:ego
DEPARTMENT OF PUBLIC WORKS
COUNTY eNOINEEFl
COUNTy At~"O~TS
COUNTY Fil:OAO COMMISSIONeR
TRANSPORTATION OPERATIONS
COUNTY SU~VF.VOFl
flOOD CONTROL
Lla~JlO WASTE
SOLie WASTE
6555 OVERLAND AVe: SAN DIEGO CAL.IPO~NIA 82123- 1 296
June 4, 1990
Hr. Eric DeRuiter
Southern District
Department of Water Resources
P.O. Box 6598
Los Angeles, CA 90055
Dear Mr. DeRuiter:
Subject: Sweetwater River Channel Excavation
I refer to our telephone conversation of Tuesday, Hay 22, 1990.
The Army Corp of Engineers is in the final stages of putting out to
bid the construction project for excavation of Sweetwater River
Channel in the vicinity of Interstate 5. The County of San Diego
is responsible for providing the site for disposal for excavated
ma terial.
Two sites are required for the project as follows:
1. A Dixieline Corporation seven acre parcel is to be used
for disposal of 120,000 cubic yards of dredged wet
material as well as dispoSal of some dry material. The
Corp of Engineers estimates the cost of site preparation,
fill compaction and other related work at $103,000.
2. Bill Barkett owns a 300',,300' parcel at the northwest
corner of Sweetwater River Channel and Interstate 5. This
parcel is to be used for the purpose of operating a
Resident Engineer's office and a contractor storage yard.
The County may have to pay rellt for the use of this
property as a contractor's workyard.
3. You informed me that both tha above costs are
reimbursable by the State Department of Vater Resources.
You would like a real estate market appraisal for both these
properties. We will proceed to obtain the market appraisals and
forward them to you.
Mr. Erick DeRuiter
)Lf, IS-
~
~
Page Two
June 10, 1990
'''11
If you have any Questions, please contact Jas Kooner at (619)
694-3884.
Very truly yours,
.J.~~_~
!JOHN S. BURKE, Deputy Director
Department of Public Yorks
JSB:JSK:ds
Jas......,mt. :,. r:co~1~r
Princ\~l Civil El1g;neer
/ '-I-I/:'
.
.
t
.
GRANVilLE M. BOWMAN
OIRECTOR
(15191194-2212
(LOCATION COOE 7501
QInuntg nf ~an ~iegn
DEPARTMENT OF PUBLIC WORKS
COUNTY ENGINeeR
COUNTY AIRPORTS
COUNTY ROAD COMMISSIONER
TRANSPORTATION OPERATIONS
COUNTY SURVEYOR
FLOOD CONTROL
LIOUID WASTE
SOLID WASTE
5555 OVERLAND AVE. SAN DIEGO. CALIFORNIA 92123-1295
June 18, 1992
Mr. John Lippitt
Director of Public Works
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mr. Lippitt:
Subject: Construction of Sweetwater River Channel
On May 15, 1984, the City of Chula Vista and the County of San Diego entered into a
cooperative agreement for the construction of Sweetwater River Channel. Under the
terms of the agreement, the County was to be the lead agency to facilitate the
construction of the channel by the Army Corps of Engineers.
The project has now been almost completed by the Corps of Engineers. The only
remaining item of work is landscaping of the excavated material that has been placed in
the Caltrans right-of-way for Interstate 5 and 54 freeways. The Corps expects this work
to be carried out within the next few months.
According to the agreement, the City of Chula Vista is to pay 30% of the local flood
control costs. To date, the County has paid $413,788.51 toward the local flood control
costs. Your 30% share of this amounts to $124,136.55.
A breakdown of the local flood control costs incurred by the County to date, is as follows:
1.
Payment to Corps of Engineers
$279,000.00
2.
Rent payment to Chula Vista investors
. for contractor's work site /
. $ 42,000.00
/4 -/7
.
.
f
Mr. John Lippitt
Page 2
June 18, 1992
/
/
3.
Payment to Dixieline Corporation for
inspection and testing of materials on
the Dixieline property
$ 63,854.09
4.
County staff costs
$ 28.934.42
TOTAL
$413,788.51
The payment to the Corps of Engineers relates to placement, compaction, and testing of
the excavated material on the Dixieline property. These costs were determined to be local
flood control costs by the Corps of Engineers.
We would appreciate it if you would send us $124,136.55 as your share of the local flood
control costs to date. These costs are eligible for reimbursement by the State Department
of Water Resources (DWR). We are in the process of making a claim with the DWR for
the reimbursement of $413,788.51. Whenever DWR pays us this amount, we will
reimburse you your share of the costs.
We expect to incur further costs in the processing of the reimbursement claim to the State
DWR and the finalization of the project by the Corps of Engineers. . However, these costs
should be minimal compared to the costs incurred to date.
If you have any questions, please contact Jas Kooner at 694-3884.
Very truly yours,
N S. BURKE, Deputy Director
partment of Public Works
JSB:JSK:sb
Attachment
sb/kooner/lippitt.src
,
/~, /~
RESOLUTION NO.
1'10'lt.J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FIRST AMENDMENT TO A
COOPERATIVE AGREEMENT CONCERNING THE
SWEETWATER RIVER FLOOD CONTROL CHANNEL WITH
THE COUNTY OF SAN DIEGO
WHEREAS, in May, 1984 the County of San Diego and the
City of Chula vista entered into a cooperative agreement for
construction of the Sweetwater River adjacent to State Route 54
west of 1-805; and
WHEREAS, Chula vista agreed to pay 30% of unreimbursed
local costs of the project in that agreement; and
WHEREAS, construction of the River is virtually complete
at this time and the County has requested payment by Chula vista of
a portion of the project costs; and
WHEREAS, because of changes in several of the premises
upon which the original agreement was based it is necessary that
the agreement be amended before the payment can be made.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby approve the First Amendment to
a Cooperative Agreement concerning the Sweetwater River Flood
Control Channel between the County of San Diego and the City of
Chula Vista, a copy of which is on file in the Office of the city
Clerk.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execu e said First
Amendment for and on behalf of the city Chula vi
Presented by
Bruce M. Boogaa
City Attorney
John P. Lippitt, Director of
Public Works
F:\home\attomey\swtwtr2
IJ.j -11
COUNCIL AGENDA STATEMENT
Item 15'
Meeting Date 4/27/93
ITEM TITLE:
Resolution 17d 1 ~pproving an Agreement with Environmental
Systems Research Institute, Inc. for acquisition, installation, training, and
maintenance of the City-wide Geographic Information System.
Director of Public Work~
City Manager.j G.j ~ ~\ .
(4/Sths Vote: Yes_No-X)
SUBMITTED BY:
REVIEWED BY:
The Geographic Information System (GIS) is a multi-year CIP project which was approved by
the City Council in Fiscal Year 1991-92. The first phase of this project included the analysis,
design, and specification for a city-wide GIS. This resulted in three documents which defined
the requirements for the integrated multi-departmental GIS system. The first document is the
Table of GIS Applications, which briefly outlines and describes the functional applications and
benefits from the implementation of a GIS system. This information was included in the
Memorandum to the City Council dated October 5, 1992 (see attached memo) which also
provided the status of the GIS Project. The second document is the Request For Proposals
(RFP) for a Geographic Information System, which specifies the requirements for Chula Vista's
city-wide GIS system. The third document is the RFP for Photogrammetry, Surveying and
Planimetric Mapping Services, which is for the development of the GIS digital land base.
As defined by the RFP for a Geographic Information System, this Agreement is for the purchase
and installation of the GIS system which includes two GIS workstations, a server for the shared
graphic files and databases, networking equipment to link to the City's existing computer
network, and other peripheral hardware and software. A detailed itemization of the equipment
and software is listed in Appendix A and B of the Agreement. The Geographic Information
System is a key element in the City's continuing efforts to improve staff efficiency and to
provide better service to the citizens of Chula Vista. With the acquisition and implementation
of the GIS system, several of the highest priority applications will be developed. Among the
first applications will be the automation of the radius search process which is used for public
notifications. Also the GIS staff will immediately begin to develop a base map which may be
used by all city departments. Automation of both these two processes will increase efficiency
substantially over the repetitive and slow manual method; additionally, the consistency of the
information to staff and the public is improved because the updated information is available to
everyone at the same time. Other GIS applications will be developed based on their priorities
and benefits as identified in the Table of GIS Applications.
RECOMMENDATION: That Council adopt the resolution approving an agreement in the
amount of $ 283,544.46 with the firm of Environmental Systems Research Institute, Inc. to
provide the hardware and software for the City-wide Geographic Information System, which
shall include installation, initial training, appropriate warranties and maintenance, and other
Page 2, Item
Meeting Date 4/27/93
/~
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Backflround
The Chula Vista Geographic Information System (GIS) program has from its inception had three
goals: (1) to provide an efficient and effective automated method to update and maintain
information on the City's infrastructure, (2) to provide spatial analysis capabilities, and (3) to
do so by establishing an in-house GIS service bureau. A detailed study of city functions which
may be implemented on the GIS (see Table of GIS Applications) has determined that the
potential savings from the GIS project are estimated to be $430,600 annually by the end of the
second year of operation; and as more applications are developed along with more users
accessing the GIS system, the estimated savings will increase to approximately $628,100
annually after the fifth year of operation.
The first goal is due to the City's growth in population and area, which has also significantly
increased the amount of infrastructure maintained by the City, and while the past manual method
of filing and retrieval of maps and other information on paper had been adequate, it is no longer
able to maintain the massive amounts of information on parcels, sewer mains, storm drains,
traffic signals, street lights, easements, etc.; or more importantly, to retrieve the information in
a timely manner. In a recent emergency where a person was trapped in the storm drainage
system, the City was fortunate to have a few members of its staff available who could recall
from memory how that section of mains was built and where the inlets and outlets were located.
As these experienced and knowledgeable staff members retire, or had they not been available,
the retrieval of that information from various maps and paper files would have been very time
consuming. This is the case in the newer parts of the City where the streets and infrastructure
has been built by developers; the information retrieval will be time consuming and inadequate
in an emergency situation. Maintenance of this information on the GIS system will ensure that
the information is accessible in as timely a manner as possible.
The second goal gives new spatial analysis capabilities, which is due to the technology of GIS.
These are capabilities which the City has not used extensively, but are becoming more and more
important. This capability to map not only the infrastructure or zoning codes, but to map other
types of information such as census and population density, soil conditions and habitats, etc.
allows for the analysis of potential conflicts and impacts whether to a particular parcel or to the
environment. Other special maps can be produced such as a map showing available industrial
areas with an overlay of housing availability for employees for a potential industrial business,
or for a potential retail business, a map showing commerciallretail areas and an overlay of
census information of the surrounding area displaying potential customers. As an aid to public
safety, it can map crime types and other crime statistics.
The third goal of the GIS program will establish an in-house service bureau to develop
applications, develop and maintain the map base and related databases, and provide services to
all city departments. To provide timely information to the city staff and the public, the GIS
/5 r .:;..
Page 3, Item--'.2:.
Meeting Date 4/27/93
system information will be accessible through the City-wide network on distributed
microcomputers, including the ones at the Public Works and Planning counters. The Agreement
with Environmental Systems Research Institute, Inc. (ESRI) is to purchase the equipment and
software necessary to establish the GIS service bureau. The Agreement also includes the initial
installation of the equipment, software, and network/wiring to the City-wide network; making
the vendor totally responsible for turning over a completed system to the City.
A Geographic Information System (GIS) uses the latest computer technology to combine graphic
and non-graphic data processing techniques for the creation of geographic or land use
information by integrating diverse automated City data files, including maps. This system will
give staff, managers, and policy makers the ability to use geography (individual parcel, planning
area, city block, etc.) as a common denominator for the review and analysis of data from a
number of different sources that may cross departmental lines, such as streets, sewers, drainage
systems, street trees, street lights, traffic signals, zoning, assessment districts, fire hydrants, etc.
The information can then be retrieved in graphic form. This is a more efficient and accurate
system for obtaining information on one or more parcels of land as it may relate to project
construction, city operations, land use determinations or future planning. Such integration of
maps (graphic) and geo-data (non-graphic) which is currently stored and handled separately,
allows maps and related data to be shared more effectively, and to produce coordinated maps,
drawings, tables, and textual reports to meet the specific geographic needs of the different
departments.
The business of local government is ultimately to provide services to residents and businesses
within its boundaries. To do this, most local government policy making, planning, and
operations depend on accurate, location-based information. Local governments have long
created and maintained maps for essential functions such as defining parcel boundaries,
maintaining the public rights of way, maintaining sewer services, etc. The growth of population
and the physical infrastructure, the increasing responsibilities assumed by cities, and the sheer
amount of data created and collected, have greatly added to the information requirements. For
many city departments, the sharing and updating of maps and data is a time-consuming and
labor-intensive process. Many cities are now using GIS to help manage their geographic and
spatial information more efficiently. A GIS not only enables information to be tied to
geography, but to link the diverse business functions of government using a common factor, the
physical location of an activity.
Many local governments that have implemented a GIS have reported productivity increases of
2 to 10 fold during the life of the GIS. For example, map quality and drafting would be
significantly improved by the use of the computer aided design functions of the GIS system.
The sharing of maps and geo-related data between departments would not only reduce the
tendency for individuals to keep and maintain redundant maps and databases, but it would also
result in greater efficiency, accuracy, and consistency in the use and dissemination of
information by staff. One of the major benefits of GIS comes from the labor savings in
developing maps and other design drawings, and in file compilation and maintenance; such costs
would grow steadily if the current manual methods were to continue. Such productivity and
efficiency increases are generally reflected in reducing a backlog of work, and in avoidance of
future staff increases. Some of the benefits includes:
15'3
Page 4, Item~
Meeting Date 4/27/93
. Ability to access a variety of different information sources (databases), and to show the related information
through a single system.
. Increased accuracy and availability of a common base map for use by many departments; therefore
redundant sets of base maps kept by different departments are eliminated.
. Availability of new, better, and more timely information for a more informed, more timely decision-
making.
. Ability to investigate increased number of alternatives.
. Reduction or elimination of redundant activities streamlining operations, saving money and staff time.
. Rapid, shared access to more data, comprehensive information analysis. and reporting capabilities improve
responsiveness (i.e. responses to queries are quicker, more accurate, and more consistent).
. Inter-departmental communications are improved.
. Possible new revenue source through the sale of information, map products, and new services.
. Improved resource control, asset utilization, and organizational planning and flexibility.
Recognizing that many of the above benefits would be in the best interest of the City, and that
a GIS would also be very useful in managing the growth of the City, a three-year CIP project
for establishing a GIS was approved to begin in FY 91-92 (see attached CIP Detail Sheet).
Several funding sources were identified for the CIP including the establishment of a GIS
developmental impact fee (DIF) as part of the Public Facilities DIF. The funding sources are:
Public Facilities DIF for GIS
Sewer Fund
Gas Tax
Transportation DIF
SCOOT
Traffic Signal Fund
Redevelopment Agency
In addition to the GIS DIF, several other steps were taken to support the GIS project; for
example, developers were required to additionally submit new development drawings in digital
(computer) format, a GIS Technical Committee was established with representatives from seven
departments, and a GIS Steering Committee was formed to provide policy and direction for the
city-wide GIS project. The Steering Committee members are: Jim Thomson, Deputy City
Manager; Robert Leiter, Director of Planning; John Lippitt, Director of Public Works; Cliff
Swanson, Deputy Director of Public Works/City Engineer; Louie Vignapiano, Director of
Management & Information Services; and Fred Wong, GIS Manager, Public Works.
Upon implementation of the GIS system, several of the highest priority applications will be
developed. Among the first applications will be the automation of the radius search process
which is used for public notifications. This is currently a manual process requiring from several
hours to a day or more of staff time (depending on the number of parcels involved) to generate
a mailing list of property owners for notification. The GIS system will produce the notification
list in a matter of minutes, and therefore increase efficiency substantially. Also the GIS staff
will immediately begin to develop a base map which may be used by all city departments.
Currently under the manual method, several base maps of various scales (for different uses) must
be maintained and updated individually with the same new information. For example, when a
new street is built, a new subdivision is developed, or when parcel information is changed, each
of the base maps (200' = I" in Public Works, 400' = I" in Planning, 800' = I" in Community
Development, etc.) must be updated with the same information. By automating this process on
the GIS, only one computerized base map will be updated, then base maps of any scale may be
15" If
r'
Page 5, Item I'>
Meeting Date 4/27/93
generated for any use by the computerized system. Since many developers, engineering design
firms, as well as the City's Engineering Design section are using computerized systems to
perform their engineering design and final map work, the GIS will be able to take advantage of
the new information updates submitted in computer format by reading in the information
directly, and consequently, eliminating the potential errors from manually copying and drawing
in the new information, and eliminate the time and labor necessary to manually update the maps.
This again increases efficiency, and additionally, the consistency of the information is improved
because the updated information is available to everyone at the same time; whereas with several
different scale base maps being updated at different times by different departments, it is
conceivable that the information available to staff and the public may differ depending on which
base map is being used. This inconsistency of available information may be avoided by
everyone sharing the same computerized base map, which can generate any scale map to meet
the needs of each department. Continued development of other GIS applications will be based
on their priorities and benefits as identified in the Table of GIS Applications.
Parallel to the applications development will be the land base development project based on the
RFP for Photogrammetry, Surveying and Planimetric Services. This will update the City's
contour and elevation data, and develop the GIS digital land base maps and databases. This
photogrammetry project will be submitted for Council approval in the near future in a separate
agreement.
Selection Process
The following information is a summary of the RFP and selection process, which resulted in the
selection of Environmental Systems Research Institute, Inc. (ESRI) to provide and install the
city-wide GIS system hardware and software.
On June 22, 1992 staff issued a comprehensive request for proposals for a city-wide GIS system
including hardware and software. The availability of the RFP was advertised in GIS trade
journals and was also advertised in a local newspaper for five days. Forty two copies of the
RFP were requested and sent to potential vendors. A Pre-proposal Conference for GIS vendors
was held on July 20, 1992 with the proposal due date of August 17, 1992. On August 7, a local
vendor requested a four week extension of the due date from August 17 to September 14, 1992.
The extension was granted and all potential vendors were notified of the change. The following
ten proposals were received in response to the City's RFP.
* Data General
* Digital Equipment Corp.
* Alpha Associates
* Hansen Information Technologies
* Victory Systems/CRW
Genasys/IBM
Environmental Systems Research Institute (ESRI)
Intergraph Corp.
* Integrated Systems Analysts, Inc.
Computervision
* indicates a non-responsive submittal
15,">
$ 62,858
66,699
74,468
168,000
233,450
242,633
295,731
296,904
301,773
613,820
Page 6, Item 1.5'
Meeting Date 4/27/93
The Selection Committee was comprised of the following City staff and one member from
SANDAG: Louie Vignapiano, Director of Management and Information Services; Dave Byers,
Deputy Director Public Works/Operations; Roger Daoust, Senior Civil Engineer; Duane Bazzel,
Senior Planner; Roberto Saucedo, Senior Civil Engineer; Nancy Ross, GIS Specialist; Fred
Wong, GIS Manager; and Robert Parrott, Director of Research, SANDAG.
The GIS Selection Committee evaluated and rated all of the proposals based on the pre-
established criteria listed in the RFP, which included: ability to fulfill the City's technical
objectives, companylteam stability, references and experience, knowledge of local government
and city applications, quality of implementation and on-going support, cost, and general
responsiveness to the RFP. A copy of the evaluation matrix form is attached. The evaluation
resulted in four proposals being selected to the short-list for further consideration. The four
short-listed proposals were from the following firms: Computervision, Environmental Systems
Research Institute, Genasys/IBM, and Intergraph Corp.
The remaining six proposals were eliminated from further consideration for the following
reasons. Data General and Digital Equipment Corp. were eliminated because they were non-
responsive partial proposals that did not address the GIS software requirements, and only
proposed computer hardware with no information on how to select or size the computer
hardware for whatever GIS may be selected. Hansen Information Technologies' proposal was
non-responsive because it did not propose a GIS system, but was instead proposing various add-
on packages for infrastructure management activities. The Alpha Associates, Victory
Systems/CRW, and Integrated Systems Analysts (ISA) proposals were eliminated because their
proposed systems did not meet the functional or technical requirements in the RFP, the
conceptual solutions were not well thought out, and for ISA's proposed concept, the City would
need to change from IBM compatible microcomputers to Apple based microcomputers, which
would be very expensive to do and would not be as functional as IBM-compatible micro-
computers because of the relative lack of business and engineering software available to Apple
computers.
Each of the four short-listed firms was then evaluated based on a detailed and extensive
benchmark test, which is an actual demonstration of the proposed system using a sample set of
the City's data to verify that the proposed system will perform as required. Some of the criteria
used to evaluate the benchmark performance test are: ability and ease of interfacing with other
systems and software packages, response times for database and graphics inquiry, database
management capabilities, infrastructure modeling capability, linking and data-sharing with
microcomputers and networks, etc. Based on the proposal evaluation and the benchmark test,
the GIS Selection Committee has selected the system proposed by Environmental Systems
Research Institute, Inc. (ESRI) as the one that best meets the requirements of the City. In
particular, the GIS system proposed by ESRI meets the functional and technical requirements
of the City and performed well during the benchmark test, is extremely compatible and easy to
integrate with the City's existing computer systems/network, has an excellent training program,
provides very good support and assistance, is very price competitive, has good experience in
specialized municipal systems, and has a strong local presence in that their system is used by
several local agencies such as the City and County of San Diego, SANDAG, City of Encinitas,
and others. One of the benefits to having other local agencies using the same GIS system is that
by working together and sharing the development of similar applications, the time and effort
1S-6
Page 7, Item
Meeting Date 4/27/93
/5
involved is reduced, and because the applications are then available sooner, the savings or
benefits from those applications are received sooner. As mentioned earlier the ESRI system
allows easy integration with the City's existing computer network, and in fact, makes use of
existing microcomputers to process GIS data. This means that as more users access the GIS
system, the computing power of the microcomputer is used instead of the main GIS server and
that costly upgrades to the main system due to additional users are minimized. This is an
important capability which none of the other three short-listed proposed systems have.
The other three proposed systems that had been short-listed were ranked in the following order:
rated second is Genasys/IBM, third is Intergraph, and fourth is Computervision. The
Genasys/IBM solution is good, but was limited in several areas such as providing engineering
functions or integration with other engineering systems. The conceptual design does not
maximize the use of existing City microcomputers very well and would be more difficult to
integrate into existing City systems. The Genasys system uses the microcomputers as a terminal
into the main system to perform all the computing work instead of using the microcomputer's
capability to do the computing work. This means that as the system is accessed by more users,
the main system's hardware and software (servers, etc.) will require substantial upgrading. The
Intergraph system is a good system but is also a proprietary system in that the Intergraph
software requires Intergraph hardware (computer) to run on, and additionally, this system is
relatively more difficult to integrate with existing City systems. The Intergraph system will be
significantly more expensive in the future as the system expands because additional Intergraph
workstations will be required in order for more City staff to access the system. The
Computervision system, which from the proposal appeared to be a good system, performed very
poorly during the benchmarks and failed to demonstrate the functional requirements.
The attached Agreement with ESRI includes the GIS hardware and software, installation of the
system, training for City staff to operate the system, initial warranty and first year maintenance,
sales tax, and an option to purchase a multi-year maintenance contract after the initial twelve
(12) month period. The Agreement amount of $283,544.46 represents a significant savings over
the original proposal price of $295,731 due to a large discount on the overall system negotiated
by the City. Other negotiated items include: (1) enhancements to the system such as higher
performance workstations than originally proposed, (2) two major software modules, Crime
Analysis and Redistricting, are included at no cost, and (3) a special two day seminar customized
for City staff. The City of Chula Vista has not contracted with ESRI for any other services in
the past.
FISCAL IMPACT: Funds are budgeted and available in the FY 92/93 Capital Improvements
Program for the GIS Project No. GG-104. All of the funding sources are from non-General
Fund sources as identified in the CIP Detail Sheet for the GIS Project. The two major sources
are the Sewer Fund (56% of project funds), and the portion of the Public Facilities Development
Impact Fee (Public Facilities DIF) which has been designated for the GIS Project (34% of
project funds). The remaining 10% of the project funds are also from other non-General Fund
sources.
Two of the major cost items of the overall GIS project as shown in the CIP Detail Sheet are:
the system equipment and software comprised of $285,000 for the initial GIS system (this
/7?
Page 8, Item /~
Meeting Date 4/27/93
Agreement) and $268,000 for the future expansion of the system for other city departments (total
equipment and software is $553,000), and $804,400 for the updating of the City's contour and
elevation data and development of the digitallandbase maps and database.
Attachment: Memorandum to City Council dated October 5, 1992 with Table of GIS
~)') Applications
#,:V CIP detail sheet for GG-104, GIS Project
~C Evaluation Form used for GIS System evaluation and selection
~O~ Financial Disclosure Statement
FW: File NP-OOl
/s,r //5'J~
MEMORANDUM
October 5, 1992
File # NP-OOl
TO:
Honorable Mayor and City Council
10hn Goss, City Manager &-
10hn Lippitt, Director of Public Works Y'
VIA:
FROM:
SUBJECT: Status of GIS Project
The pUIJlOse of this memo is to provide an update on the status of the GIS project, and to
address the issue of GIS applications and benefits, which was raised during the GIS
demonstration to Council on February 27, 1992.
Background
The GIS is a tool which can benefit many departments in many ways. The benefits of using GIS
to perform the functions and applications in Exhibit 1 - "Table of GIS Applications" are of two
types, qualitative and quantitative. Qualitative benefits include improvements in the geo-data
products themselves and the additional analysis capabilities made possible with automation. For
example, map quality and drafting would be significantly improved by the use of the computer
aided design functions of the GIS system. The sharing of maps and gee-related data between
departments would not only reduce the tendency for individuals to keep and maintain redundant
maps and databases, but it would also result in greater efficiency, accuracy, and consistency in
the use and dissemination of information by staff. Quantitative benefits include savings due to
increased efficiency and from elimination of redundant map and database maintenance. One of
the major quantitative benefits of GIS comes from the labor savings in developing maps and
other design drawings, and in file compilation and maintenance; such costs would grow steadily
if the current manual methods were to continue. Productivity increases can range from 2 to 10
fold during the life of the GIS. Such productivity and efficiency increases are generally reflected
in reducing a backlog of work, and in avoidance of future staff increases.
Recognizing that many of the above benefits would be in the best interest of the City, and that
a GIS would also be very useful in managing the growth of the City, a feasibility study was
performed by Plangraphics Inc. in 1987, which included a cost!benefit analysis and a general
implementation plan. The costlbenefit analysis indicated that a GIS for the City of Chula Vista
was feasible and that the project breakeven point would occur in approximately five years. The
cost savings include increases in efficiency and capability which results in increased productivity.
In 1991, a three-year CIP project for establishing a GIS was approved to begin in FY 91-92 (see
the attached GG-I04 project detail sheet from the eIP document).
1>'9
Several funding sources, were identified for the CIP including the establishment of a GIS
developmental impact fee (DIF) as part of the Public Facilities DIF. None of the funding
sources are from the City's General Funds.
The funding sources are:
Public Facilities DIP for GIS
Sewer Fund
Gas Tax
Transportation DIP
SCOOT
Traffic Signal Fund
Redevelopment Agency
$ 873,783
1,376,718
60,000
15,000
15,000
15,000
45,000
The total CIF budget for the GIS project is $2,400,501. The first major components of this
budget is 5553,000 for the system hardware and software, and to provide access on PCs for
approximately 50 users. The second major component is $804,400 for the development of both
the updated digital base maps of the City including the .sphere of influence" area, and for
automating the City's facilities and infrastructure database. The third major component of the
budget is 5803,201 for the General Administrative cost of the project which includes all of the
staff cost and the operating budget.
The funds for the third major component (General Admin.) are based on the Full Cost Recovery
(FCR) factor, and are transferred into the City's General Fund as reimbursement for the GIS
staff and for other City staff time spent on the GIS project.
A GIS Technical Committee was established to provide project input from representatives of
several departments, and a GIS Steering Committee was formed to provide policy and direction
for the city-wide GIS project. The Steering Committee members are: Jim Thomson, Deputy
City Manager, Robert Leiter, Director of Planning, John Lippitt, Director of Public Works,
Cliff Swanson, Deputy Director of Public Works/City Engineer, Louie Vignapiano, Director of
Management & Information Services, and Fred Wong, GIS Manager, Public Works.
Current Project Status
The overall GIS project consists of two parallel tracking projects, the acquisition and
implementation of the GIS system hardware and software (first major component), and the
development of a digital base map and database (second major component) for use by all City
departments.
The current project status is that a comprehensive RFP for a city-wide GIS system (hardware
and software) has been developed and was issued on June 22, 1992. The proposal schedule
included a Pre-proposal Conference for vendors on July 20, 1992 with the proposal due date
scheduled for August 17, 1992. However, on August 7 (six working days prior to the scheduled
due date), a local vendor, Integrated Systems Analyst (ISA), requested a four week extension
2
J..?/tJ
of the due date from August 17 to September 14, 1992. ISA indicated their limited staffmg
resources as the reason for needing more proposal preparation time. Although the original
proposal period from June 22 to August 17, 1992 was generous at 8 weeks (the typical GIS
proposal period is generally 4 weeks), the City, in being desirous of providing local vendors
every opportunity to participate, decided to grant ISA's request to extend the proposal due date
another 4 weeks from August 17 to September 14, 1992; and immediately notified everyone who
had a copy of the RFP of the change to the proposal due date.
A thorough evaluation process which not only includes an evaluation of the proposals, but also
testing and verification of the proposed system, is planned for September and October. All of
the proposals submitted will be evaluated and ranked, and the top three or four proposals that
meet the requirements of the City shall be on the "short-list" for the next step of the evaluation
process, which is the formal interview and a benchmark demonstration of a functioning system
similar to the proposed system for the City. The selection of the best system for the City shall
be based on the evaluation of the proposals, the interviews, and the benchmark verification of
the proposed systems. A contract for the selected GIS system is tentatively scheduled to be
brought to Council for award on Tuesday, November 24, 1992. This contract is expected to be
in the order of $400,000 for the initial GIS system hardware and software.
The status on the parallel project for the development of a GIS base map and database is that
a detailed specification and RFP is currently being developed and is planned to be completed and
issued in mid October, 1992 with a due date in mid November, 1992. Proposal evaluation,
interviews, and selection will occur during December, 1992 and early January, 1993. It is
expected that a contract for this base map and database conversion work will be brought to
Council in late January, 1993. This schedule would be timely for the aerial photogrammetry
flight window in February-March, which is when the sun angle is best for the aerial
photogrammetry/aerial data collection work that is necessary as part of the base map conversion
process. It will also provide the preparatory time to set up the GPS (Global Positioning System)
control points required for the aerial photogrammetry work. The contract for this base map and
data conversion is expected to be approximately $800,000 over two or three years.
GIS Applications and BenejiJs
During the GIS demonstration to Council on February 27, 1992, some questions were raised
regarding the GIS applications, their benefits, and the priority for development of the
applications. The work plan for the applications development is the list of applications in the
attached "Table of GIS Applications". The table is in applications priority order, and contains
a brief description of the application, which departments use it, identification of the benefits, and
where possible, the benefits have been quantified. The list of applications and benefits was
developed from staff information from all of the potential user departments. The applications
generally have benefits which are tangible and benefits which are intangible. The tangible
benefits, such as time saved due to automation versus the manual process, have been quantified
into dollar savings per year. The intangible benefits, such as having access to timely
3
/~J/
information and consistency of information used by all staff, which translate into better service
to the public, are noted in the descriptions.
The priorities of the GIS applications to be developed have been detennined by several factors.
Some of these factors are: the priorities recommended by the department users, whether the
application is to support a critical or mandated function (i.e. NPDES reporting), the availability
and ease of conversion of the data required for the application, and the benefits and savings of
the application. The work plan to develop all of these applications will take several years, and
in some cases will depend on the progress of the base map and database conversion. Therefore,
the work plan and priorities are flexible, and applications may be added and/or priorities may
change depending on changing requirements, etc.
The work plan (Exhibit 1 - Table of GIS Applications) for the development of the user
applications includes a short tenn savings projection and a long tenn savings projection. During
the first two years of operation, which is the short tenn period, the GIS applications listed in
the Table of Applications will be incrementally developed with approximately 12 users having
access to the. GIS system during the first year; the number of users will increase to
approximately 20 users during the second year. By the end of the second year of operation, it
is estimated that the annual savings will be approximately $430,000 per year. The long tenn
savings projection is based on the short tenn projection with increasing users and activity during
the third, fourth, and fifth years of operation. By the end of the fifth year of operation, the
number of users with access to GIS will have increased to about 50, and the estimated annual
savings will be approximately $628,000 per year.
4
J 5"/,,2..
.
EXHIBITl
CITY OF CHULA VISTA
TABLE OF GIS APPLICATIONS
APPUCATION DEVELOPMENT WORK PLAN
... .i i< > <
App..... ~lIt.AwI~~ .. User Buefltli ii....i Sh~ I..oaa
.. ...........'. '....-... Depq Term T_
...... Say.... SayiDcs
I -Map Produce ba.. map. of 1M ~il)' 1t1D)' 1CaIt, All Thi. i. . by IlpplicatioD U80d everydl)' by man)' departmenla. )I it pad. of Ibe 1HVic:. to Ibe S2OP,OOO S109,OOO
.... ..1001 ....... buic _ ... 10 bo Dcpll public ia maialaiailll aod providioa 'OOIraphic information. AulomaIioa of &be wrnDl maaual
ploaod. bate map pn'ldtM:lioo procca incRllIC. a<< efficiency, allow. ...10 rclpOlld 10 public rcq.....
for map infOl1llalioo in. more timely manner, and eliminate. tho Rdu.ndaul_i........1V. ofbuo
map. by dilf...at deponmoaII. Printed map. with ltandanl b... informatioa are lOW at cOIl;
bowcvcr.lddilioAll ftlVCQUC ,oncralion IDlY be pouible willa GIS ei('Uilily 10 ptod:uu CUllOm-
izcd _pI for devclopera. real cute "cau, eIc.
1 Mop GIS .,lIeall have IlroDl map matiq: cape. AU lb. iJa..bOUIC map DUltina ~abilitiCI of. Gco,npbic Wonnatioa Syllcm aivc.1be city. S7,IOO $13,400
Makioa bililie.. PoIIiooa of an lrea can be IhOWD, DcpII pow.rful P"1Oatalioa 1001. It can uvo lb. City IDODCY by DOt uviaa 10 bin ouIIide firmI (or
wilb v.rioua overlay.. feature. aDd .nooII- moll map makiDl. Map. can be cUltOmized 10 lbe applicalioa iacludiq lC.k, flllUrel. ADd
tioa. Map. eo be produced at . varioly of prelCn&.Ilion. When ulCd wilb die dala liDbd 10 1be bI.. map, p,..,.....tg JIIII" cao be pro-
Kale.. colon, aDd 1a)'0UII. duccd 1.0 dnmatic.ll)' Ibow llatillic..
3 Add.... Addn.. IDIlcbiaalakc. a Ii.. of addrcuct AU Automated .ddre.. matchi.. it far more efficical. thin ......uy Iocatiq aDd fDlPPUta lite.. Call (3)
t.IalcIW>c and ......... them 10 Iocalioaa (pucela) for Depll be uled for lpCCial projecq IUCh .. -Iocati.. wbero .U Ihc ulen of tho NOI1DIJI Part kaiot
mappu.. _. CeDlcr live-. For police .nd traffic pin mappiaa pUrpoIC'. can automIticaIly IIIip .veaI loc.I-
tioOl. U.ina GIS .utomation, addre.. mawhina uve. Miff time and rnourcc..
4 Rldiu. Map. Producea a radiUl map lhowiDa Ibe affected P1llll The mlnual part of Ibe notific.tion mailina proce.. for public helrina' can be IUlomItcd aad .... S7,600 S15,200
~ For Public ..... baaed OIl a dillaQc. from a location, CDe. entire proceu can be Ilre.mlincd 10 produce. map .nd rDlilina label. in a more efficiool aod
lIoariaIa lot, Of ana. Geoonlc. a lDIilina lill of all PW ."Unlte DlIDnCr. lbi. would uve uff time. maximize relOUl'(:e.. mioimizc erron duo 10 muual
p~rty ownen wilbia Ibo ndiua area for MIl dclcrminaUoa of Ibe radiu. and from Chc manu.allilliDa of Aucuon PaRle! Numben.
~\ notif"ation mailina. P&R
~ Special Outlinea apecial dillricl boundaries includ- PW Thi. applicalion would make reviewin, and mainLainina Ipeclal dillriet bouodarie. more conve- $10,000 S15,OOO
Dillrict ina: open apace, aucaamcol district, DIF, Plllll menl. Dillric.. could be viewed in conjunction wilb pennit, land UIC, or ocher data. CuncDlly.
Boundary lOwer reimbullCmeDt, and GIber applicable B&H ICvenllCCtioDl have 1.0 be conaulted to oblain the de.ircd informalioo. Wilh lhi. 'YlICm it may
MainICnatX:. dillrietl. CDe. be pouible 10 look .t . property .nd identify all fcc. which IDlY be applicable to il. Defi... .oat
P&R uving. doing reapportionment diagram..
6 Pin Map Map. ahowina locatiolll of crime., acci- PW Bencfill include a beUer overall understanding of where activity i. occurrina. Thi. would lead 10 (5)
ProdUCbOD doa&a, Of aimiIar data. Police beUcr dcploymcnl of police personnel .nd city resource.. A more pcrmancnl and .rchivabk
P1llll mclhod of maintaining record., it can be used in cOqiUnctioD wilh ocher data maintained in tbc
CVT GIS to produce map., data analysis, and report..
7 Sewer A map of sewer main and lateralloc.tiona PW These applicatioDfl .re used d.ily by ICwer crew.. Benefit. and coil ..vina. would result from. $13,200 $26,_
Locationa Ihowina detail. (deplh. lenalh, diamcacr, Local reduction in iliff hOUR required to manually relrieve information. faller crew rclpODfIC time.
olope, manhole locationa. inacallation date, Utilitie. faller containmcRl of environmental hazard male ria'. mitigating exposuf'C to lecondary waler
flow capacity. EDUa cle.) aource., .nd preventalive mainlenance. Thi. inforRllition would be highly valuable 1.0 the Ad-
vance PlanninalSowen diviaion of Eaj:inccnn, for capacit)'. ftow, EOU aDd o&bct apccialllUdie..
April 7, 1992
1
# App~Q ~lptioJlllt API'~Q Use.- lleMfilll ..... .. ...... SbOl1 1.0.
N_ DeplS , Tem Term
Savillp .. SIlvillgs ..
. SlOrm Drain A map of dralaa'c baain bouadaric. aDd PW 1m. .pplication would be tlICd daily by lewor maioleRlllCc crew. and pouibly meet maioleD&DCe $6.100 $6,100
.......".vw IIOnD drain loc.tiOAl and re1alod facilitic. .... crew., clpCCiaUy dllJ'i.oa 11M rainy 1&1100. Savina' would rclUll from ftlCbw;cioll in _ft' boun ao (I)
(ca&eh buiu. manhole" drain IlrUcWla. rclricvc infotmltion and develop preventllive maintenance ...bcdulcl. AlIO thiI -Wlicaliou. i.
IIiII buiao, _ of...... ....) critical for calculatioa maiPlcoaocc co.. uled iD formulatiq .......... dillrKlI. 1biJ iDforma-
boa taD .110 be uled &0 devoJop cffoeuvelllJdI CotvNcdonlIlk,1Il DtlcJuJrre lHtecdoft ...,
SlomIwcwr PoUwIOII AlIIIUJ,awnI pro,rAmI. which Ire dQWnd by lho USEPA', NIIiOIIII Polbt--
boa DitcbarJc Elimioalion Syllcm Stormwalcr aDd Urban Ruaotr rcpllilioal. ne 01S .yllcm
will .Uow UlIO quickly idealify the poNible IOOI'CC, or IOUI'CU. of. wide ruac of lIDnDWalcr
pollulaou wilhin CIIcb dnina,. balin or aaIH>>..in. bued upoa. iafonnalioD ...,udiDa' cbemical.
and bazardou. material. uied or I&ored on CIIch parcel. Thi. II. would be IIIIIeb IDDN ditlicu1l
and Iime-<:OOIUmiDl to perform uaina the currcol record tccpu., .,um.
9 PIaani.. PoIYIODI of zoaina code area, leDerat plaD PlIIJl More efficient lbIn IDIDUaI method 10 mainaaln boundary map.. Cu produGe . map of uy .... $10,500 $52,500
o..doy. ...., Traffic AMly.i. Zoou aDd oIhcr CO.. It almoat aay 1Cl1e. AD lid in plaaaina and bouodary cbanp.. U..., 01S capabiliu.., CID
Plaanint lrea.. laformatioa CID be NCrio- IkUI prod~c cbll. by zone.. Grullimt aad IDl)MY "VOl wDea ID..... of" 0IMral PIu or
vcd OD zonioa eMc.ot)',...... etc. Zoaiq Plan i. !;ondU4:tod.
10 o.lIIO,npbic ProchKe rcporta oa. family makeup, ctbnici- All Dcmo.rapbic 'Dllyli. CID be provided for a myriad of UK' from report wriIiDa &0 ..tYaaced (3)
AMly.. ty, lie. iDl;omt, boutcbold type, eW. for Dcpll plaoaiaa. Can u.. data &0 plan for fUture facilitie., pqram recna&ioG c......, ele. BypnwidiIt&
ploDai.. ,..,.,.... Throu", ...rIay, ..... more type. of cla... wllUd by tarptod popuJatiooa. would pllllOl'C c.... .BIOIlmeall, aDd
.... be _...... by ~..... JDOre revenue.. Involve IRON at-riIk youlb in re<:reation to reduce crime level. Bcaer planai.
of p.rb. Enable. more 'CCW'llC arowtb projection wilh impK" on .rowtb mIDI.emlat, DIP
If;countina Ind overall city opcratioDl planoina. V..ful data ia Tranait Itoutc Plannioa.
II Redevelop- o.erlay poIy_ doocribiac"" ndovolop- Co.. lbroup the uac of an overt.y layer, can readily identify parcel. within the RdcvelopmeDl $37,100 $50,000
me... Area _ dioIriot bouDdarioo. PIn, diatrict. Vacd to moll effectively adminillcr lpeci.1 dillriCtl, CoDlDlUJ1ity Dcvclopmcal BIoc:k
~ O'....y BAR Grant (COSO) fundi .nd Mort,.,e Credit Certi6c.lc Pro,ram (ldCC) fwMIa, duouab up-co-da..
PW information on property owncn, v.lu.tioDl, and CCDlU. data.
..
, 12 PropcrtyV.... By IClcctioa In area, !;an obtain 1....lOr Co.. Aulomatic retriev.1 of 1...lIOr'. dall would be v.luable to ...<< in providiaa rapid aDd aceu.... $12,600 $25.200
ADalylit infOl'lDllion on pa~cl. includm, a....ted PInI p.rcel cia.... Would belp in fee 1ClIin&, revenue ,eDCPltion, aDd reduea ..". ruean:b limo aad
-...c vllue, ..... date., aDd ocbor property infor- BAl:I offort.
mation. PAR
13 Circulation Street Cenlcrlinc with auoci.tcd cl... code PW Thil .pplic.tion would be helpful by ahowina the cl... deaignltion of eacb Ilreel. ni. informa- $14,900 $34.000
Eaemeat indicatina typo of Ilncl, and if bike line. PlIIJl lion could be uaed in deaignin, new aubdiviaion circul.tion p'llcml, traffic plannioa, facilitie. (2)
exitt. BAR pl.nning, .nd Itrcel improvement pl.nning. Savel lime .nd coli of r'Cacarcb by bcina . 'P1phical
Co.. d.lIb.1C that c.n be viewed with other lrIffic information. SlRCtll:.......ini'W bib laMII ,ouId
.110 be aagged for .nalyaia.
14 Crime ADaI)'ti. Tr"t !;rime ()(:cutrencea. dalel, limea, and Police Bcncfitl include viauallocation of crimiMI .ctivity for more effeclive deployment of Ila<<, ability $1000 $2.000
t)'pC" Analyze p'llcrnt, predicl futurc BAH 10 identify p'UCl1UI and conlributing faclon. Analyze crime occurrina in Cily p.rka for e~ed (4)
pouible incidence, aDd produu ..tilliea. PAR p.rk plannina. C.n belp idemify .real where buaca.rc more vulDcrab&o to rocklbrowin&:,
cvr vand,lilro. etc.
IS Pennitl lbe larJe v.riety of pcnnitl could be tied PW Pennill .rc iuued from ICveral dep'r1mcntl. The informalion contained in Ibcm i. very $19.100 $40.000
Tnck.iq: &0 parcel information .nd tRckcd II . BAR important .ince il il our link to the IOlulion to .ny problema th.1 mlY .riK. By lying Ibe Sierra
pro,io<l..............1bo ",proyal proc.... Co.. Pennilt SYllCm .nd oIher permit information to the GIS, whicb il . vi....laource thai .110 bat
other "yen of data .v.ilable, il becomea hiah1y valuable to utI aDd improve. effecbvODCU.
S.vea duplic'lion of effort though one cenlralizcd aoutCe.
2
, ApPlklltl9!1 ~iptioJl of Appllelldo!l User lleJle(1Ill .. .... Short
1.0"8
~ J)epts ... Tcl'Ql Te.....
S.viRca s.viRca
16 CIP Project GropbicaIly litina CIP projootloc.IiOllll .... PW By puttina the CIP proj"lI" I layer in rho GIS datab... they cube vicwecl in eoajuoclioo wilb
T-kioI .JioI '" projoo. ...... cOev . variety of other dalabuu. ~t proanuioe eaa be lrKkod duou&h IiHalIO approvall.....
Ubry eOUlNcboo ltep.. .
17 Ow..nIlip Mop _... Ioc.lion It .ype of 011 poblio Ploa Show, wbi<:b parcell uc publil;:ly owned aod by which a,eDC)'. U.ful for mID)' city depa.nmIaII (3)
.......... -..nbip. Ow..nIlip oplit do .ily, cOev for . variety of plannilll' purpoeol. Can provide UlCfuJ informatioa. 10 TI'I8Iia oa ..me. ...
~1t--t~t~.-. IlItII bouodariA ia coqiuactioD wi1b .rvicc provided 10 GIber jwi8dic&iou.
cvr
II Crimo M-Wiu& coauouDit)' areu ud orpDizod Police ni, would be . very helpful .pplication in plaaniaa crime prcvllllion activitic.. By lootiaIll $1,600 $3,100
.....0IIIi00 DOipbodlood ......b ...... IlItII arcu wh.... criminal activity i. Llki. place in conjunction wida lIOiJbborbood Wllcb .....
coveRac. crime prevention 1pCCi.lliltl could plan for new nciJhborbood "Itch UN' and
1'CC000000ad iDcre.aICI in police prelGnce. lbil application would be valuab&o ia aui.m, 1DHIina:
Ihe loa! of iDcreuina nciJbbodlood witch ,roup. by "rselina arcu curnady DOl covered. 01S
could abo identify victimization ,roup. by .ooanpbic ara and live domoanPhie iofonaalioo.
19 T~y 1bc locaI.ioo of aU cxilliDl -.ruc.:1Ure foo&- . PW Savel time .Dd .trod of rucarcbina IlrUcturel and clevatioRl. ... belpl" de.... eqineer $5,600 S16,IOO
prillll.... ....Olion ._. Ploa vi....iu die pr0jc4:t more euiJy, and il critical for the ,ndina: .aaiaoor. Can be IMlpful ia aU
BltH plio... of ploonioa b111lowioa _npbie 0<lIIlIIninI0 i. c<>.v_1ion widt _..... ..... ..
cOe. facility 1ocatioQl.
10 Sewer Pwap Mappiq of ICwer pump ..tion loealioOl PW Tbc GIS would be an effective way to map lbe lOwer pump IlIItiou becauM Ihc Pr0p8rlie1 payina SI,700 SI,700
Stalion l:iwt can be lied to property owaen payiDl for the ICrviu and mainlcoaoce ca. be tied directly to the ICahoo aile. Staff lime would be
Localionl for Iboir ICrviccl. minimized in reacarcbi..,.lbil infonnation and. chaniel could mDRl effectively be portrayed.
11 Pavement Intcrfacin, with IMS Pavemeot Mana,e. PW The CUlTCnl IMS Pavement Manaaemenl Syllcm il a PC baled databuo of pavc.... coodiliool.
Mana,c... meal Syllcm. Ibow coodilioal, widlb, .,CI, When iQlcrfaccd with lbe GIS road bale map, can ahow loeationl of curn.. or poICDiaI RMWI
Proa- .... of IDlld pov_llI. hazarda. 1bc IMS Iyltem allO recommend. improvemeDlschedulCl. III eoqiUDCtioo with 0Iber
GIS ~tabalC information, would become more uleNI ~ analyze but ~ of CIP Uuprov...
me....
11 Location 4: Producc a map Ibowina location and type Fin To a.aill lbe Fire Department in more rapidly respondina to fire emerac~ic., producc a map (6)
Type of F.... of fin byd...... Ibowina locationl of tire hydranta and lbeir l)'pe and highlighl wben bydraDll,o out of "rYau.
Hydl1lDla Provide the moll accuralc ~ta possible, in conjunction with ocher GIS fumiahed dale. .
13 S.....Li.... Map Ibowina &oc.liona 4: typel of .U City PW Currendy kept manually, thi. application would find a wider UIC 0I11hc GIS .yltem. Could be (1)
LoGaliOlUl _Uabll. Police uled by Police and traffic 10 plan new IlreCtlij:bt loeationa by looDoa al ac:eidcal and crime
locations, and analyzing where need. exist.
14 SipoI Loeolio.. Locllioo oftraffic ai,oaIa and. related facili- PW LocatioRl of traffic .ignall and rel.led equipment could be uaefullo ICveral departmcnll aad (1)
liea. Police applicaliona. In conjunction wilb accidenl and lraffic volume cia.., could be uacd 10 IDOIt
effcctively plan for new lij:nallocatiorul and confij:Urationa. CouW allO be part of aD emeracocy
nelWork. analyaialemcrgency CClpODIC planning package.
15 Bu. Stop Map rcpccaentalion of lbe bul stop. in lbe T...... The bu. Ilop inventory application willlbow location of Il.opl, calculalc dilLance. bclWccn MOp',
JnveDlOry cvr lCrvico area aDd ....ted amcDilie.. and annolale amenitie. provided at eacb atop. Amcniliel include waitin& mellen, bcoehe.. trash
receptacle., and .ccuaibilily by diaabled paue..,.en. iocludioa part.ioa rellriclions. nil applica-
tion will anist in ICrvice planniDl by rclatiDlto other data in the GIS. Coc Nvinallbroup
eliminatioa of labor inlcDlive driving of aU CVT roule. to collcct data and UtpUl i8lO cORIpUler.
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I Applicati9" De$:J"iplio" "' App~" User IlePerIts ... Short Long
Name PePS , Tel'lll Tel'lll
SaYiP&5 SaYiu,gs
26 Sewer Maiotaio record" produce rc:portI, iuuc PW InfollNltion collccled in lbe field on sanitary Jewcr conditionl can be CaplUred aDd put to UIO 10 $3,300 15,000
Collection wort orden. aod orpDizu fiJc. by 1~- PI.. make better iofonncd deci.ioDl. It coukllrack IChcduled aDd uucbcduJed .wcr maiDlcoaaco.
Sy...m TV lioe. Con- Beoctill include time NV",,' from not hlvina: to band 101 iDIpCCliop rcpo..... flur ace... tD
ImpcotioD lnelOn information, more cffictcDl method of record kcePlna. and beUOr maiDleoaoc. hillory record of
.....-.. CounIy critical area. Coli ..vi,.. include cabanccd ability 10 pinpoiol problem...... lad rcduciDc fIIft'
Ena' I'CICI.Nh time. Thil could alto be uled to alii. in prevcDlalivc maia&oDaoeo ICbcduliq.
27 S..... IdeDlify frequency and number of IlreclI 00 PW nil .pplication i. uled daily. It i. lmportaDI. to maUAin cW'RlllIlnllIWMpu., iawaIory ia $600 $1,200
Swccpiaa IlnellWceplna conlnct. Strcell by *a- Sw.... order to property JDaDIIC tho cODlnct.
InvcPlOry bOO, mile., and area cbanclcr. Co.
21 Stripina InvODlOry of ..... mile. and ... of llripina PW To have In Iccume record of whit ItRell arc Ilripcd, wbere, a.ad when IlRe&I "'OR lulllripod. $1,400 $2,000
1nv0Dl0ry IbM .xiIII 08 city 1InClI. Riot Record could be vituaUy reviewed in office for more cfficic8l.1Iripu., PIuaUta.
M.DU
29 Spud Limit Map obowina opud Iimi" .............llho PW Ability to .enerate updated map ahowina Ibe IpCCd limill on IClccted ItnClI of lbe city. U"P (2)
Mop city. Police flirly frequenl by police departmelll Ind 601ti.. clr llUdie.. UeocI ia cooJunclioa with traffic
Iccident dall, can ahow whore IpUd limits may need lo be adjUlled. AIM>> ceo be UIId u put of
oetwork routina/emcraenc:y respoOK pt.nniaa pro.raOll.
30 Street Tree Produce I IMp of Cit)' atrcct IRa b)' locI~ PW Thil infonnation il used in thc facld dail)' b)' many deplrtmcnu. AD inveDlory will have many $800 $100
Locatio.. lion and typo. P&R uae. includilll wort IChedulina. cOlllnCt preparation, IDd budaetiAl. Saviaa' ma)' be derived
PI.. from more cfticicnl UIC of reIOUNCI.
31 Bulinc.. Licc.. A coQDCClion between parcel DUmber aod CDcv For ill redevclopment areal, it would be very valuable for COIIUIUnit)' Dcvclopmcnllo havc rapid $11,000 $11,000
_dace buIiacu me.. information. Financc aeeell to bUlinclllieenae infonnltion to determine what uae. an occurriaa in their lrea. Would
Mve Ilaff time in manuaUy reacarchina paNel infonnatioo and trlciJq: bYlineu IKCDle dall.
32 aood For elle of review. ahow 00 draft plana for PW Pennits an overview of new/propolCd Ilrcell wilb aU pertincot data MOO" a ,lance lo aid in
Doli." new 1lRe1l rho lidewalk. di.meDliODl and Tnoait deeilion ma~na. Can be I&&n with cxiatina Itrect confipratioo, facililiol, roed cooditiooa, and
ItI'CCl widlhl. ri.ht-of-ways and other UJC.mcnll. and oe.her GIS 110M all. Jdcalifin pouib&e Iocatioal of bus
atops. bUB tumoull and their aeceuibility.
33 Improvement AUlomaUC update aU baae map. and right. PW Our existing manual mclbod b.s pro...en to be extremely incfficicol aDd iDlC(:uralC. Autoalaliq
PII.. of.wl)' map. with every new improvemcol B&H and eltabliahina . tnnIfer protocollhould live time and iqtrovo ba.. IMp data 4ualitY.
plan ICcepled b)' City Council. Can be
ulCd lo mck. improvement deferral..
34 EaaemcntMap AI I map overlay or a. part of Ibe bue PW Staff spends houn every week. ruurching eaaemeDl infonnatioo. The,. would be a li.nificant $2,800 $8,400
map, ahow .11 cilY 1lrccI, draina.c, utilily B&H time IIvinal in hl'lling thi. infonnatioD radily available in ,raphical and dallbuo form. Would
and other ea..mcnts. Ping be ultd by nearly .11 departmenLa.
3S Utilitie. Location of aU exillina: ulilities IUch II PW Thi. applic.tion is very critical for every llreet dcaian. Will help speed proce.. of dc.iani", $2,200 $6,600
Coordination &. Waler, .... electric, and othcr underground Utilitie. Ilreet improvement projcclI by showing the engineer the localion of cxilliRl utilities, ,.ducina lb.
Mappi.. utilitiel. Deecription of dimellJion, loca. Blaff time of reltarching Ibil infonnltion. It will also .....e approximalcly two weeD in
tion, wbelhcr undcrarouod or ovemc.d. proceuing time bec.ulC the plans should only havc to be reviewed by the utilily companie. ooc
and type. time venul Ihc mulliple times that arc required now due lo lack. of accurate utility infonDlltioa in
boult.
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4
I Applieatlcl!l ~iptioll fIf Appllclltloll User BeJldill . . .... Short Loag
~ Depts '. ye.... Term
Saviags Saviags
36 Traffic Map tbowin, tnffi" volume cOUllll oa PW Ability to retrieve curreol traffic volume. and Jenemie I voluDl8 billOry for .oy IIreCt _ameDl (1)
VoIumo Map IoiooIOd _ iP .... Cily. Police would find ICveral UK' in traffic plannm,. Vied frequently by dovelopen, ai.oaI.....aaoIIi. IIop
cvr ai~ wananla, and traffic tlow impact rcporII. Could allO be uMd by for ovoolllaffic cOlllJOlIDll
by _oct rouliJW/..........y _ p"""" p_ ... __ iP T...... ........... p.....
nina.
37 ..... 10 _ Doaip of ClpliPW _ for cIWdroa 10 ... PW Thil application willlbow Ii,nal., crouwalb. IIop .'01, aDd crouina pUrollocatioal. By $1,700 $1,700
,......., 10_. kbool. toe.li. aU IbcIC ..fo crouioa locatiODl. Ibi. applieatioo cln dilliapillb 1be belt route for
Publio children CO UIO 10 act to 1Cbool. Saf. aoc.ti..... iodicalOd IDlI eIIle._ GaD. man lUdiIy be
idemificd.
31 CV Traut Map of major JlrcctJ aDd cvr .rYA area Tranait Throop uaina bale all from the GIS .yltem, I cUllOm map can be produced. Caa live"" COIl
_"Map Ihow roulea and IOIDC 1Iop1. Publio of. DO'" bu6 map wben cbaaae' Oli;cur. Produce ,rapbic. for Council reportI.
39 Activity C....r A map of activity ccalon in 1be city IUCh u All A tilt of activity ccolen would be helpful to IIlIny city departmellll for . wide variety of P1aaaiat (3)
.....aIioao ICbooIa. Iboppm, ccalon. poll offu;c,. dcp.. purpOIC.. Could mate Infftc and r.cility improvemcna planninc: more cffoctivo by Ibowiq:
Jibnrioo ... _ bip lrafli< _raIorI, loca6001 when cilil.eDl COIIIn.ate. Can aui.. in identifyina trauit P................ May
be helpful in PoIiee Ip"iaI eveal traffic control or emeraency relpODM.
40 Bib Loao. Localion, ripl--of-w.y. Ilripiq dare, vol- PW II would be helpful 10 ..vem dcp.rune....to Ibow bike lanel ., . "yer over the but map. Men
umo aDd other infoflDltion Cor bib lane PoIic. effective fOld deai,R and oecd. UlCIIIllCDI for &aoe loc.tion. PopuIIIioG, lraftic volume, aad
mainlcnanco and pl.Mina. OIber dale could be more effectively uaed with. GIS than manually.
41 Acoullic Re- To produce an overlay of the bale map PW Aaailll with planoina and development requircmenllalona ..naitive corridon. Buffen.., and (3)
quiremenll abowiq: variou. traffic corridon within tho Il&H addreIJ matchina c.p.bilitie. of the .yllcm will mate the proce.. more IC,unte. nerc i. . k.aI
AloOJ' Tnffac Cily whore Koullic (DB Zone.) exill. Ping requirement 10 h.ve thi. information .nilable. Will make il eui&r for developen 10 1M if their
Corridon COov propertie..re affected by the CilY Ordinance rcquiremenll.
42 Affordablo Map abowiaa 1000atiOGl of .ffordable hOUl-' COov In conjun<:lion with ,eDlU. dale (popul.tion, income, bou.iOJ') Cia H ... 10 but plan loeatiooa 5300 5300
Hou.ina ... proj..... Il&H for new .ffordable bClUliq: lite.. Dilplly. cumnt dillribulion.
Loc.lioDl
43 ADA-Ccn.iticd Loc.tioRl of rcaideoccI of ADA-C.rtiticd Tranail Uacd 10 loc.le reaidence. of di..blcd l[lInait ulCn for roole plannina. In coqiunctioo with rour.
Rider Reaidcncc lnDIil ridon. PW planning pacbge. can more effectively plan roulc. La maximize rclOUl'Ce.. AlIO 10 auilt in
T...kiP& delenruni..., where capilel nccdalimprovemcnlllUch .. curb cull for diaabkd riden in wbocJ-
chain, .ignage, .nd other audio-.vi.ual device. arc needed.
.. hdillriclina: U.ioa the GIS ayllcm capabilitictCO rede- Police Police beat boundary map. are uiCd by every member of Ibe Police Department includina new $2,000 $2,000
aiin lpeci.1 boundarie.,lUcb I. police Ping officen .nd di'Patch operatoR. U.. of the GIS 'f'lem La mainLIin and redillricl be... would
bu.. .nd reportina dillric.., uaiaa cooaa. COov live ILIIff time and colli, .nd provide an Imy of .ICCmlbve beat ItnlclUre.. Vied in coqjunctioo Rcponioa
aDd oIber ciale. IIdtH wilb ceRIUI cia.. and crime record., redillrictina: cln be done in a more IUIOmIiICd and cftici.al Dill.rU:lI
mlnner. (3)
4S eu""... Map ahowina: current conl1nlclion projeclJ. Il&H Show current lite. .nd ILIIlu. of new cOnslRlction projeclJ in conjunction with oIher facilitica and (3)
COnalJUclion AlIO tied 10 permit tractina. Ping information. lbi. would be an .dminillratjve benefit. by givina the Cily iliff faller .cc... CO
Proj.... PW conatruclion dale lo reapood 10 quellioDl from CilY Couocil, Ibe Board of Appeal., and public at
COov the counter.
Public
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5
I "PP~1l ~iptioJl of "pplkatioll User JleJletils .. .. Sbort Lo..
Name Depf$ . .. Tenll Tenll
Saviags SIIvillgs
46 P"blic 1'bc 01S SYllcm can be ulCd I. the caulder AU The GIS ')'Ilcm, with ill wultb of alii and advanced .raphic capabililic., can be U80d .. an $13,300 $46,600
Wonuo&ioo 10 auill wilb public informa1ioa inquiric. o.pta cxc.DeDl public information 100<<:&. The eil)' IC<:civc. many inquiriCl from CitizcDl, cODI..l'aCton,
$au.... on . wide variety of lopic.. Rapid vilUal real cute .,CIlia. developen. cle. on .imple to c~lex problcml on. daily b.Ii.. SiDe. 1be UIt
aoddola_.....iI_aadup- i. eOlUlU.Dl, the COlI. IIVina' could be IRmeodou. aioc. the daIa ia obtaiaed from ODe IOUIeO
_. (coua&edop computer acccuina GIS). Improved da&I Keuney, iDe...... pub& ~fOM-..1Dd
more cfficlcDl UK of ..tf limo could RllIlt.
47 PatIt 80.. Mop To produce bue map. of aU city parb for P&ll Information could include part boundaric., .mcDiti." IUrfacC type. and area.. laadtc:epe plans, (3)
__ part. IIdmiaiIll'aliOD. Map. could Ibow PW irri,ltioa layout., and clcclric mlin for emera.Dele'. Map. and data could be IlIed 10 dcIo~
............ aad ......w... limo ItaAdard for maiulcnaocc and plln for facility implOVcmoall. By _viDa Ul ~
dynamic map wilb. alllOUlCCl ~daIed iaIo one. city aft cu. IIJOR ,tr.clively plu bM& UIO
of city park. facilitiel.
41 Libnry To produce. blac map of cily libnrie. for Libnry Informalioo could include buildina layout, .momtic., IDd emolJcocy f'Killty informatioa.. MIp. (3)
F..iliIioo Mop libnry Idminiltntioa. Map. could Ihow aad data CGUld bo uood 10 ..........Iimo Mandant for maiaIo_ aad p.... for "ili.y implOY"
buildina foolpriDll. lIyoulllDd amcoitiu. me....
49 City To produce bale map. of III 'ity buildiQa. PW Infonnation ,oukl include bui1dina layout, amenitic., .nd cmcrJCDCy fKility informatioo. MIp. (3)
BuiIdiJw Mop. for buildan, maintcnaDl::c taab. Map. .Dd dill ,ould be ulCd to clctcrmioe time ItIndard for maintcaaoce .nd plan for fKillty UnpI'OVO--
<ould obow buiIdia& fooopriato, lay..... aad mew. By hav... aD up-to-date dyaami, map wilh alllOUl\i.' 'nft.N....~d iaIo 011I. Gity ...
ameoitic.. can more effectively plao bell UIe of city buildin&: f.cilitie..
~O kriJatioo An overlay of lbe bale map 1bowiDt: iniaa- UH Currcnlly, the .ite. of Ihuc ini&.tion pedellal. are recorded oa iadividual aite plana, ra&ber tbu (3)
Pede... boa pedcllalloc.tiooa. PIni in one ccnlnlized locatioa. ni. applic.tion will provide .n euily acuuibie public reeonllbal
Loc:.tioOI PW can be viewed with odMr fc.alll.rC.. Helpful for buildiu& ~&on aad for PIanniaa PUrpoll"
P&R
~I Hazardou. Loc.tion of hazardou. material aite., track- PI., Thi. .pplic.tion i. uacful in Jnpbically .itina the loe.lioRl of bazardOUl material. in nLlUoG Ie) (3)
Matorialo i., aad Plaallin& of .....ria1 _.. PW popul.ted '00 bi&b toffic .rea.. II can .110 potentially be ulCd to tnck 1M movomcDl of
......... UH hazardou. material. to plan for the ..relt time and route. lbi. ioformatioo"D allO be IIICd in
P"blic conjunction with llano dnin infonnation to belp identify po..ible aource. of lIonDW.ler poUu&ioa
co.. within. liven dnina&e ba.in or IlUb~b..in, thereby iDcreaainJ &be .ft'ICIiv.... of tho City',
atonnw.ter pollution mana&ement pro&ranu.
~2 Site UIe of many layen of GIS dill to dctcr- co.. The GIS c.n f.clor in many v.riable. to .nalyu .ilCl for suitability to . particular developmcnl. $22,000 $22,000
Analyai. mine optimal aite IOC:ltion for a &ivcn pro. Plna Currenlly this infonnauon would have 10 be obtained from diffeRDl dep.rtlnCnt.land retrieved
joel. PW from many map. .nd printout.. Thi. GIS could bring il allloðer .nd more accurately analyze
UH the dllII. SlIIff reaource would be maximized a. well. Developen wantina to briaa bu.incu 10
Public the City could be bener ICNed througb this more compreben.ive infonnation.
~3 Tract An overly of the bale map Ibowina the All Used to identify area. of the City by .ge of developmcm, where redevelopmenl could oc:cur or (3)
Dcvelopmcnl cbroooloay of city wide tract development. Depl' wbere fund. could be taraeled to h.lt bli&bt .nd improve structure. .Dd property.
Cbronolo&y HUD
~4 Collllnined Land development conllninta IUch II acep Ping Con8lnincd land. .ffect the work. of many dep.rtment'. It would be bi&h1y ulefullo have .11 (3)
Land. alope., Oood pl.ina, lenaitive land., etc. UH cOfllll"lint infonnation in one cemnlized covel"l&e. Digillll orthopboto., di&ital elev.tion model,
M.pp;., mapped to .1Ii. in developmeDl dec:i.iona. PW and oIhcr source. c.n be used lo develop these cORllnint.. SlIIff RlClrch time could be reduced
P&R in delCrminin& thelC arca., and developen could be Jiven the moll .ccurate information OIl their
Co.. p.rcel.. AJao to keep developeD from dedicatina unuuble p.rk acl'Cl&e.
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, Appu.:.dua ~a of ,\pplQtioll User JIeJW... Short Lo"ll
~ DeplS Te..... Tena
Saviup Saviup
55 Land U.. Uaiq di,ital orthopholol aDd other IOUie- PI... Exiatilll land UIC cln be accurately mappc.d with. GIS uuna diailal OI'Ibopboeol and . variet)' of (3)
Mapp... CI. oxiltiaa: 1ud UIO CIA be claui6ed ADd CDcv ,"oodal)' IOlIrCC.. The land UIC coverage would ahow bow laud .. currcDlly bciot uNcI IDll
1IlIfIlOd. PW could be uleM (or many plannina activitie.. Rcvcouc pDCnUoa poIIIIiIJ "'- vacam Iud Ibal
IIAH bu . po&oaIiaI for aubdivilioo, feci would lbea be colloeWd.
P.tR
56 BioIop:.J Show IocItioOI of RlOUrcCI IUCh u animal PI... Hlvina lpKial bioloJical rclOUrcCI mapped would belp develop.... "'yai., aDd proIoct (3)
.......... babiwl. plull community hlbiLlll. vcpla- P.tR KlUlitive lpCCic.. AIoaa with opeD 'PIce mappi.Qa:, dctcl'llliDe exilliDa 1II'iWlifa lilOI'ridon aad ppl
tioD type" IlOd rela&ed information. for part and open tpaCCl pll.nnina PUrpoKI.
57 RouUn, for Propm 10 ..leo' and dioplay Ib& mo. Police lbi. applicalioa CID LlU information from lhc cbtablac IUCb u lipalli&bll. Ipood limiu, IUrD
-......y ,ffieieal rou-. for cmcraeocy vchidcI 10 Fire impcdaDcc" IIreot mile., rotNI CODIlIUCtioo,1"OId clotUre., tnffic Iie-upa Ilc:. aod ..loci ....
~ tnve1. Can alto ~I IpCCial circum- PI"ll optimal route for IIDOrJCOCY vehicle. 10 lovel. III (:&10 of diMllen. .... .yltem IDlY mode1
....... ...b .. blocUd ........ 000dI. and PW allcmative route, if1bc optimallOU1c i. blocked. Thil would improve. dillp.telaer', ability 10
--.... IIAH pide rclpOAlt ercw.1O tho ICe... (bocb ItX:aI and ouLlide), _.......71.. ~ lime .. eily
cvr nlOUree.. Alto uxtUJ for traJuil rouIilll in lbue IIilUalioDl.
51 Mobilchomo, Produec map. of trailer park aDd .,......... Fire Fire dcpartmcnll'ClpOOM i. dclcnnincd in part by Ibe qUlolily of tbc wormatioa. available 10 11M (6)
Trailer Part, ..y..... ODd kilo. box locolioao. IIAH dispalCber and erew.. In coneert wilb. roulina ioformltion aDd 11M layoull and box box
Apo........ locolioao. _ mop. will ...... 0"'" 10 be oh.. 10 ...,.. ropidly ....... 10 Iboir ......
LaywlII a:. Knox
Box LoeabODll
59 I..Imbert Ov....y of Ib& Lambert coonS..... Grid PW Ability 10 aeeuralcly delcnnioc X- Y eoordiaale. of any 1oeatioe. (3)
Coordinore Grid wi&b X. Y eoonlinalc', Ping
Overlay IIAH
TOTAL FSTIMATED ANNUAL SAVINGS $430.6410 $618.100
NarES:
(1)
(2)
(3)
(4)
(S)
(6)
FiJUre ealeulaled u beina .imilar to lhal ollbe aewer Iocalion cbcekina: figure provided by Public WorD.
Thi. fiJUrc rcOcclllhe eOll of field cbeckina for exillina facilitic. for aevera) traffic plannina activitiCl.
CumnLIy not doDC due to lack of rclOUn:e..
CumnLIy dODO on a manual blli. for tp<<ial aerial crime..
CunentJy done on a manual bui. for Inffic accidentt and Neiahborhood W.tch Arc..
Informltion eurrcnlly provided in a manual map fonn, bUI ouH>f-tc.....ice information i. not updated. The.. applic.tion'. bencfitl arc more of. qualilative nature in dYt lhey provide Ibe opportunity for improved lC.....ice
proviaioa. and clUlomer laIi.faetion.
~
,
'-t\
7
....rIDtlon: provide cOlpUtor .o~ro end ooftvoro dotobooo (OOPOI, end technlcol ouppert for 0
._...pIllc Info....t1on o",t..
JItOUflcotlon: Thlo proJect "III provIde 0 highly occur.to cOlpUt.r bo.od ..pplng oyot. th.t
C~ be uled for the p1enn1ftl, ,,'ntenance, and del'tn of the City" Infrl.tructur. ....t.. 'h...
I Itlll proper. h.r...o .cquloltlon end d...bo.. convor.lon dot.bo.... Ph... II Include. tho
Introduction of tho h.rdw.ro end dotobo..o Into tho engtne.rlng ..pplng .y.t.. lhl. ph... would
provide for tho vorlflc.tlon of tho Occur.cy of dot. connr.ton. Ph.1e I" coli. for tho
Introduction of Planning Dopert-.nt looueo end concludo, the dot.bo.. conv...lon.
1dl_1l..: Tho hor..ro end .oft..ro ocquloltlon end 1..I_totlon Itlll bo c...lotod by "
93/94. Doto cORYor.lon Itlll continuo through fT 95/96.
GDer.tl~ ..~ t fff~tr Th... COlt. viti be r.'~r.ed by non-Gener.' Fund lourcel.
fT 9Z/93: (..Ioy.. S..vlc.. SI8D,DOD
Suppll.. .nd .orvlc.. .. 9,140
UP( ]8]2A/l:(5/4/921
~
~
. 128 .
GIS SYSTEM EVALUA TlON CRITERIA
SYS #:
EVAL #:
S.pt.ml>>, I, 1992
, CftI11!RIA DESCRIPTIoN AND S.....CNTENA .... W.... Iocn 10-101 _. c:-.
1 Ability to follow f._eel propel. Well organized, c~.t.. Mey to ref. to, IIttrectiv.fprotnaion" pr......tlltion. 10 copi.. included ..
fOJmet .......KI
~ Ability to fuIf. the City'. T ec:tnc.I AI 0.,.." 15. pg 12) Exo' . .. hanumwic d... 'ki,tino d.tllb.... includ thOI' r.aidi on the Ci.... .3
.. Objectiv.. 24plo 14.1,.,
,......m.Jnl, bch~. gf.phic .xl tapolog6e. dllt. with other eg....ci... induding Fed..... Stilt., n .3
loc" gO\llll'nment
SOFTWAAE
Incorpor"e .-lei upd.l. graphic and IIttribute dllt..... uPlg _built informetion from the .~
intrn.ruetur. end utility n.tworb
M.intein , continuoutl grllphic dllteb... contMling ba....-..p infORMtion ovwlllid with .~
infrMtruct...... utility Mtwork.. and coed.,. information, and MIl: to ~ ,xtenliv, attribute
dllt....
Mliint.... bOU'1d*y end Mtribut. d.. for City .... IUch _ IInd UN ron.., '*~ .-I .~
tJKtl, .-w:I ..unrnent diWict.
PerfOl'm buff_/zOM 8nd network .... .~
Perform public Nf~ n.ppino end -*v.. ...b, inctuding fir. hychnt mapping, police bMt .~
rMliltricting. Computer Aided Diepltch MIppOrt, WId Ihortffi pllth enatv..
P..torm drifting and deeign function. in . muftt.ueer ....Yironmen1. with hMYV ~. on .~
duign pl'ojlct. tor ro.t., _.... florm dr..,~. Md tr.ttic -vlt....
Perform engin...ing enlllv.. .-,d crlltl dlle .etl for enginHring ."ety... progr... euch _ .~
CIlpKrty enetvlil. pipI flow "'-'vli.. end trlffic enllysi.
Perform infr'ltructur. menegernent functione, including. for Illsmpll. mlinten.-M:I .~
.cheduling end 1racking, end irlvln10ry end 'P.I p.-tl con1rol
~ Perform projlct. conl1ruction, end inlplCtion trICking functionl .1
Perform 'PICI p1aming end fec:ilitil. man~emen1 functiona on 1he City'l building. end .1
(, fecititil'
81 Modul. Exp.-w:l.bility 15.2.11 7pe. n.4"1 .7
" "1..lntlrfacl .
CI 8oftw.. U... Friend...
15.2.21 ...... .
'_13.'''' 1ion FI
n.fsul1 Valua. ,
(}n.linl HIID .3
C 0I'llfflIf1d lanauaal .
D) C~1" Aided Ol'ign Cllpebihlil' 15.3.11 5p1111"J .6
E) In1""ICI with oth. eottw.. Cornou11r Aided OllDltch .1
..-. 15.31 Ol1t1b... M~IQ<<nlflt .2
11pt. 13..".
Enoinl..ino Or_ino M.r!lIOlmlll1 Sv.1am .2
GPS .2
Grid CIII 011. ProCI"ino .1
Mlltar Pl~nino .1
. CIlITEJlIA DElCRFTlON AND I"'~ _w_ .... 10-'01 _. c-o
Plv<<nenl Mwlm.-nent !l..ltem .2
Proiact Ma-lm.".,t .1
Si.r. . .3
Suryev O,t, .2
.
Tr....P1en .2
FI Datab,.. 15.4.1) S..ml... .2
'_1"'''' .2
L ...
Multiple Ace... .2
Upd~. Poetina .2
5y"", RecoYllrv 2
Fila M.naa<<nent Tool, .7
GI Attribute Oat. f6.4.2J Rll8MS 7
'.... 12."", ReI.tion to GeoarG1ic Elemerltl .7
o'ta OictionMV .7
Catllb,.. Structure O.finition .2
Int"'-'Ic" .2
o.t. Meinl.n....c./Modific.tion .2
Oat. Oo"'lion .2
HI G~repNc: Dat. 16.4.31 T oooloav .2
apt. 11.6%1 .2
Coordinale.
~ 3-0 e.. ability .2
Mea.uramant/C.culltion .2
n Digit. OrthophotOI (5....1 Orthoohoto Rat,iav" ..-w:I DilOlllll ..
~ _11.1'" ..
H,ad,.u O'giti~jl'!ll
).3 JI Dig"i~inglDet. Data Entry .2
Capturl/Gr.pvc MMipu&etion
15.4.51 ~Spagh.ttjW Digitizino .2
15111113"1 Checking end COfflction. .2
Thinning .1
Rubber,h.,tino and Other Mani"utltiona .1
Ori....t.tion .1
Gr ohic MIni ulation .1
Gen.'la G,ephic Element. .1
Ra'If1fs/Vector. .1
eDGO .1
Input From Oth., Soure.. and Out"..., in Oth., Format. ..
Elltrection lock-Out .1
-
. CRITERIA DUCRIP110N ANO ......clUTBUA _w_ _111-101 - ~ .AIU
KI Gt.p,ic Di..... 15....' 5<.. .7
._...."1 WliDle l .7
..
S rrbol .7
Annot.bon .7
U..r-O,fined M~. ~ Ar... .7
MIP S.ttirlQI .7
Ant. OiIPI.., 7
U An.tv.. 15.'.11 Buft.ioa .2
_I'''' CrirN and Oth.. Public Sit. An.l.uti. .2
Dvn.mc Seamentetion .2
FKilitiu MWl emont .2
Geocodin .2
Network An_ iii .2
0."" .2
PCltvgon Proc...ing .7
~Point and Shoot- .7
Redistricting .7
M' Output 15....' AUractivI Gr.phic Output .5
, ..... 12.'''1 MecHe .3
~ Selle .3
Hiohliohtina .3
~ HI Programming lMlDuaa.. 15.4.91 lot. 1.4%) .2
01 Mod.;oa 15.'.101 2Dt. I.'''' .2
PI EnOl Handlina 15.4.111 2Dt,1.4%' 2
QI Setch and Interactiv. Mod,. of Oceretion 5.4.12 211.,_1.,4%1 .2
2 Abi~ty to fu"i111he City', Tec:hniC4lf Al Server 11S.6.1) CPU/Servlr .3
8 R~'"*"t. 15pt.I:n6I1
eo,.n2"ll.1 Centr. Storage Unit .3
.
HAftOWARE Disk Oriv.. .3
Tape Dri".. .3
Off.line Backup .1
On.line elckuD .1
Power Reauir......."tt .1
.. 00", 5vo1_ 15.5' 7... /1.4"" .7
CI NMWOI'k Comrn.Jnicltionl 15.5.21 3a1. .."', .3
DI GIS Group Worbtetion, f>l.oc..,or .3
16.5.31 Gr.phic Di,play Dlvice
12pt,12.."1 .3
-
, .......... DESCNPTION AND aIJB-cRITEIUA _W_ ac.. co.101 ..... "--
Loc. StOf*l. ,
Digitizer ,
Fl P....on.. COrT1Dut.... 15.5.41 ..11.."" .
FI Output 15.5.51 Color Eleetro,t.tic ,",otter .'
'""s 12.8%) PWlfTh"m. Plott. ,
Sm.tl FOfm,t Sel..... C Ol",ic.. .3
bi.tina Plott.... .3 -
Print.... .2
3 Com:: myfT..", St.tMlity '.,..(3%1 Hiltory of Comp-W. ..p.;....c. of employ... ..ligned to the p,oj<<t. l<<lgth of emp!oymWlt with comp.-,y n in fi-'d 1.5
. Ref.me.. .. ~e' 10,..181 .1 Aa'. ., ,
A' , ., ,
rl , '3 ,
01 "of...,,,.,. ,
EI ,15 .2
5 Knowlql of municipal govt. ~ lnl1e11etiOM " exp.ience in m.Jniap.! government appIi~tion.. .let cwr....t municipal gOVWM'1<<lt culton.' b... '.0
. cultomer b... 10.-11'"
. Qu8lity of HnpI......tetton Md on- AI Oelivery Md Inat....uon (Implement.tionl 12pt.12.4%1 1.2
going support T elHlhone S ..
10",.110'11.) 81 SuppOft ort
16pt113"1 locI! Su .
0"
Dittl.in Su 0" .3
A licalions Develo , Su 0" .
~ C) M8inten""CI 8nd upd.... W.,....ti" .3
.... 11.."'1 .3
u It..
t u r.debility .3
o On.r.," , <u .
"- ort
'" " , . end Public lion. .
FI T,ni .
01 Document'lion ,
7 nlt.Th Shef' fl...... 'OoM''''1 QualilY and V.i,tv of Off.lh..hell data lourel. 1.0
. COO, 'oo.wCZO%I AI Overall 5.0
81 Modllarilv 1.0
(I H.dw. M inten I f':Oltl ,.
m So, M.nten COItL 1.'
0 ~ -'I<nI..,;~ .~,.,_. .'n..~.~ .L .f .nI. . .. '~a'~..n."'" , .
TOTAL SCORE 50.00 I RATING: t
-
OUT OF; mOPOSAlS
.
THE CITY OF CHUU VISTA PARTY DISCLOSURE STATEMENT
Statement of disclosure of certain ownership Interests, payments, or campaign contributions, on all malters
which will require discretionary action on the part of the City Council, Planning Commission, and all other
ollici3! bodies. The following information must he disdost:d:
J. List the names of all persons having a tin,Jn\:ial interest in the contract, Le., contractor,
subcontractor, material supplier.
Enviconrrental Systems Research Institute, Inc.
SUN Hardware
1 If any person identified pursuant to (1) above is a \:orporation or partnership, list the names of all
individuals owning more than lOS, of the shares in tht: corporation or owning any partnership
interest in the partnership.
Jack Dangermond SUN Hardware
T ::!.Ilr:.=l f)::lngprm()nn
~, If any person identified pursuant to (I) above IS non-prolit organization or a trust, list the names
of any person serving as director of the non-profit organiziltlon or as trustee or beneficiary or
trmtor of the trust.
N/A
-l, Have you hnd more than $250 wurth of bu\'int:s\' trans,lcted ....ith any member of the City staff,
Board\'. Commissions. Commiltees and COllnul within the pa\'t twc:hc: months? Yes
Ko -'L If yes, plea~e indit'ate person(s):
5, Please Identify each and every person. in\:luding any ,Igt:nls, employees, consultants or independent
contra\:tors who you have assigned to represent you helore the City in this malter.
Jar!; Land
Sheron Bealer
r:r::l.l" Marx
6, Have you and/or your otlicers or agents, in the aggregate, \:ontrihuted more than S 1.000 to a
Councilmember in the \:urrent or preceding ekl:tion period'! Yes _ No ~ If yes, state which
Councilmemher(s):
P\"r"on is defined JS: -A"y indh'idl/ffl, .firm, co'pmo,/('r.tll'I', Joml '<"/I/II/'t', nSlnci,IIIOll. SOt'lft! ,;II/h, fmlt:mnl o1l:tlnizntiun. corpol'llfiOIl,
('SllIlr. /nUl, rUtln:r, ~'"dicnrr. ,hIS (/11(( any utll,', COI/llIy, cay nlld C01ll1l0', ,:lty. 1I1t111/u/",II1Y. "iJtrlCI or OIlier polillCll1 Jubdit./Jiol1.
or mlY 0111,-, group or (omhl1lt1lioll (h:f1n~ (15 " ww:
Date:
5:f/ "J / "I :Y
J;c'
I -':--':, ~
/ / I. -) /.. ,t..,.. .1 f / r: -,.
. / '" '/ \... ,~ ,-;- . U . '/ I ~ (.. t /'7-'Lc
Signature of wntral:,tor/ae licant
(:-:OTE: Attach additional pagc~ 3; n~cc~sary)
1,\.ll.I\\,DISCIOScIXIl
Laura Dan,genrond r,viromental Systems Research Institute. lne
Print ll: 2'.L'c: 11:11~)f wntrawlr/applicant
1...5 ""';',5 (Ih'Yl",.J- 11/JI)tXJI
RESOLUTION NO.
/ ?P95'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC.
FOR ACQUISITION, INSTALLATION, TRAINING, AND
MAINTENANCE OF THE CITY-WIDE GEOGRAPHIC
INFORMATION SYSTEM, AND AUTHORIZING THE MAYOR
TO EXECUTE SAME
WHEREAS, the Geographic Information System (GIS) is a
multi-year CIP project which began in FY 1991-92; and
WHEREAS, the first phase of this project included the
analysis, design, and specification for a city-wide GIS; and
WHEREAS, this agreement is for the acquisition of the GIS
system which includes two GIS workstations, a server for the shared
graphic files and databases, networking equipment to link to the
city's existing computer network, and other peripheral hardware and
software.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby approve an Agreement with
Environmental Systems Research Institute, Inc. for acquisition,
installation, training, and maintenance of the City-wide Geographic
Information System, a copy of which is on file in the office of the
city Clerk.
BE IT FURTHER RESOLVED that
Chula vista is hereby authorized and
agreement for and on behalf of the City
the City of
xecute said
hula Vista.
Presented by
John P. Lippitt, Director of
Public Works
F:\home\attomey\GIS
)5~.2~ 1/5--1.8
ESRI
Environmental
Systems
Research
Institute, Inc.
380
Red!and:,;
California
~)?:J!:l ill DO
'71'1) 7932853
TWX 9103321317
f-AX 714 7~U Ui:):l
New
York
Street
April 16, 1993
City of Chula Vista
276 Fourth Street
Chula Vista, CA 91910
Attention:
Mr. Fred Wong
Subject:
ESRI Software License Agreement 92S271I
Dear Fred:
Enclosed are three (3) copies of the above subject Agreement. After careful perusal, if you
find the terms and conditions acceptable, please have an authorized representative sign all
three copies and return one (1) fully executed original to my attention.
Also, complete Appendix N, Licensed Configuration, and Appendix 0, Registered Client
Information Form, and return with the Agreement. Your software order cannot be processed
without this information.
Should you have any questions or concerns, please do not hesitate to contact me at (909) 793-
2853, extension 1835.
//)
/ /
I --7!.~//
/ V~/iU---'P'-?t{rrf-;~4-~
Anne Houston:Rogers ,j ()
Legal Contract Specialist
Environmental Systems Research Institute, Inc.
Sincerely,
AHR:lh
Enclosures (3)
I.>";'Y
~ I:J Eoviroomental Systems Research IDstiblte, Inc.
380 New York StJeet
:J:J Redlaods, CA 92373
~ (909) 793-2853
I.
I
SOFTWARE LICENSE AND HARDWARE AGREEMENT
BETWEEN
CITY OF CHULA VISTA (CITY)
AND
ENVIRONMENTAL SYSTEMS RESEARCH
INSTITUTE, INC.
(CONTRACTOR)
Contract No. 92S271l
I
:
15~9
iOiiI) I Environmental Systems Research Instiblte. IDe.
t.-J t.-J 380 New York Street
II Redlands, CA 92373
t.-J t.-J ~ (909) 793.2853
TABLE OF CONTENTS
Article Page
Article I-Scope of Work............................................................................................. ............2
Article 2-Period of Performance............................................................................................. 2
Article 3-Statement of Tasks ..................................................................................................2
Article 4--Compensation.......................................................................................................... 6
Article 5-Hardware Warranty and Maintenance for Initial Twelve (12) Month Period ........ 7
Article 6-Hardware Maintenance after Initial Twelve (12) Month Period............................. S
Article 7-ESRl Software Maintenance and Update Service for Initial Twelve (12)
Month Period ........................................................................................................... S
Article S-Software Maintenance and Update Service after Initial Twelve (12)
Month Period ........................................................................................................... 9
Article 9-Software License, Use, and Transfer Rights........................................................... 9
Article IO--Statement of Proprietary Interest ........................................................................10
Article II-Term and Termination.........................................................................................10
Article 12--Commercial Time-Sharing........................................................:......................... 11
Article 13-Export...............................................................................................;.................. II
Article 14-Supply of Converted, Extended. and New Related Software ............................. 12
Article l5-Optional Geographic Information System Hardware and Software ................... 12
Article 16-Additional Services.............................................................................................12
Article 17--Contract Administration...................................................................................... 13
Article IS-Technical Representative .................................................................................... 13
Article 19-Acceptance of Work............................................................................................ 1 3
Article 20--Extension and Modification ................................................................................13
Article 21-Assignment.......................................................................................................... 13
Article 22-Insurance ............................................................................................................. 14
Article 23-Tax Applicability ................................................................................................14
Article 24--Limits of Liability ............................................................................................... 15
Article 25-Release of Source Code ...................................................................................... 15
Article 26-Applicable Laws.............................:.................................................................... 15
Article 27-Integration ........................................................................................................... 16
A92-S27111AHR
-t-
15'JO
4/16/93
...... Environmental SYSleIIlS Research Instiblte. Inc.
--.J '--' 380 New York Street
.. RedIands. CA 92373
--.J --.J ~ (909) 793.2853
Appendixes
Appendix A
Appendix B
Appendix C
Appendix 0
Appendix E
Appendix F
Appendix G
Appendix H
Appendix I
Appendix J
Appendix K
Appendix L
Appendix M
Appendix N
Appendix 0
TABLE OF CONTENTS, cont.
Page
Software to Be Installed .................................................................................. 18
Hardware to Be Installed................................................................................. 19
Miscellaneous Deliverables............................................................................. 2 I
Special Provisions-Tektronix Interactive Graphics Library (IGL)
Software License ................................................................................... .......... 22
City Representatives for ESRI Software Products.........................................: 24
Optional Items..................... ........ .................................................................... 26
ESRI User Support Policy............................................................................... 28
Training....... .......... ........................ .................................................................. 34
Master Project Schedule.................................................................................. 35
CaIComp Service Agreement.......................................................................... 36
Sun Microsystems U.S. Master Service Terms and Conditions ..................... 37
Hummingbird Communications Ltd. Site License Agreement....................... 39
1993 Rent-a-Tech Professional Rate Schedule............................................... 43
Licensed Configuration ................................................................................... 44
Registered Client Information......................................................................... 45
A92-S27111AHR
4116/93
-ii-
I>~JI
~' II Envirorunenlal Systems Research Institute, Inc.
--J 380 New York Street
I-i RedJands. CA 92373
--.J .-.J ~ (909) 793.2853
SOFIW ARE LICENSE AND
HARDWARE AGREEMENT
Contract No. 92S2711
lliIS AGREEMENT is the expression of covenants between
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910 USA
TEL 619-476-5339
FAX 619-691-5171
hereinafter referred to as City and Licensee, and
Environmental Systems Research Institute, Inc.
380 New York Street
Redlands, California 92373 USA
TEL 909-793-2853
FAX 909-793-5953
TWX 910 332 1317
hereinafter referred to as Contractor.
WHEREAS, City desires to purchase a geographic information system (GIS) hereinafter
described; and
WHEREAS, City issued a request for proposal for a geographic information system and
Contractor responded with a proposal; and
WHEREAS, City has reviewed and evaluated competitive responses to a request for proposal
in accordance with Chula Vista Municipal Code 02.56.220 et seq., and desires to engage
Contractor to provide the geographic information system by reason of its qualifications and
experience in providing such systems; and
WHEREAS, Contractor represents that it has title and/or right to license certain geographic
information system software as listed in Appendix A of this Agreement, to sell certain computer
hardware as listed in Appendix B of this Agreement; and
WHEREAS, City and Contractor declare their intent to enter into an Agreement for licensing
of said software and purchase of said hardware, as has been negotiated between the parties in a
scope of work and payment for the acquisition of the geographic information system; and
WHEREAS, Contractor warrants and represents that it is experienced and staffed in a manner
such that it is able to and can prepare and deliver said software, hardware, and related services
required of Contractor to City within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
NOW, lliEREFORE, in consideration of mutual covenants and agreements contained
herein, the parties do hereby agree as follows:
A92-S271l/ AHR
-1-
15'3;"
4/16193
E8iU}:J Environmental Systems Research InStiDlte, Inc.
--.J 380 New Y orl< Street
II Redlaods, CA 92373
--.J --.J ~ (909) 793-2853
ARTICLE I-SCOPE OF WORK
Contractor, as an independent contractor and not as an agent of City, shall, in conformance
with the schedule as set forth in Appendix I and such other provisions as are more particularly set
forth herein and other mutually agreed-to amendments, provide a geographic information system
that includes the necessary equipment, software, personnel, material, and facilities (except as
specified herein to be furnished by City) and perform the obligations set forth in this Agreement.
ARTICLE 2-PERIOD OF PERFORMANCE
Contractor shall commence work after execution of this Agreement and complete the work as
specified herein. Contractor shall generally adhere to the following schedule:
TASK
CONTRACTED PERIOD
FOR COMPLETION
Execution of Agreement
Task I-Install Equipment
Within 90 days from the effective date of this
Agreement (if possible-vendor dependent)
Pursuant to the Master Project Schedule, but
not later than 120 days from the effective date
of this Agreement
Pursuant to the Master Project Schedule
Pursuant to the Master Project Schedule
Task 2-Install Software
Task 3-Software Training
Task 4-Introductory GIS Seminar
ARTICLE 3-STATEMENT OF TASKS
Contractor shall perform four basic tasks as part of this effort. The tasks are as follows:
I, Install, test, and transfer title to all hardware listed in Appendix B at City's site,
2, Install software listed in Appendix A.
3. Train users in use of Contractor-supplied software.
4. Conduct a two-day introductory GIS seminar.
Each task is separately discussed below in association with the responsibilities of Contractor
and City and the deliverables to be provided.
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iiiiill Environmental Systems Research Institute, Inc.
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~ (909) 793-2853
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Task I-Installation of Equipment
Contractor shall install equipment identified in Appendix B in City's designated office within
ninety (90) days (if possible) of execution of this Agreement. Installation dates may be changed by
mutual consent of Contractor and City. This installation shall include the successful interfacing
and testing of equipment according to standard procedures associated with each manufactured item
of the system and shall be interfaced to City's personal computers and network. The unpacking
and placement of equipment shall be the joint responsibility of the equipment vendor and City, with
ESRl providing coordinative support.
During the installation period, Contractor shall coordinate with and guide City's system
administrator on the installation and administration of the new hardware system as it relates to the
operation of ARCIINF()$ and related ESRl~ software. As the two parties work together on
system installation tasks, the system administrator will be guided through key procedures needed
to install and administer ARClINFO and related software on the equipment. The following will be
covered:
. Starting up the system and individual devices and shutting them down in an orderly
fashion
. Checking disk space availability, obtaining fIles and directory listings, setting up accounts
and pennission/access rights, and creating workspaces for the software
. Loading and/or restoring files on tape
. Modifying user line and tenninal settings where necessary
Deliverables
. Hardware system as specified in Appendix B
. Interfaced hardware, including connection to City's personal computers and network
. Perf onnance (acceptance) tests
Responsibilities
a. City shall designate a person to act as system administrator who will learn the procedures
for system installation, operation, maintenance coordination, and problem identification.
b. City shall prepare the designated site in accordance with specifications and
communications with a member of Contractor's staff. These preparations may include
installation of appropriate electrical wiring, air conditioning, heating, humidity control,
lighting. and space for hardware components as specified by their manufacturers.
ARClINFO is a registered trademark of Environmental Systems Research InstibJte, Inc.
ESRI is the company name and a registered trademark of Environmental Systems Research InstibJte. Inc.
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c. Contractor shall coordinate the shipping. insurance. and delivery of the various hardware
components. including communication with City regarding appropriate logistics.
d. City shall provide appropriate insurance coverage for the equipment after delivery.
e. Contractor shall provide an on-site specialist to interface the various hardware
components. coordinate with the hardware vendor representatives in performing the
various acceptance testing of each equipment component. and familiarize the users in use
of the hardware.
f. City shall provide an internal technical specialist who is familiar with City's equipment
and who shall provide assistance to Contractor in interfacing the equipment with City's
existing system (hardware and software).
Acceptance of Equipment
Equipment shall be accepted by City when Contractor and City shall jointly verify that the
equipment is installed and operating in accordance with the manufacturers' published
specifications.
Task 2-Install Software
Contractor shall successfully install and test (on Contractor-delivered hardware) all software
outlined in Appendix A of this Agreement Contractor is responsible for interfacing of hardware
only if such items are identified in the current ESRI supporting documentation or if such items are
provided by Contractor as part of this Agreement Contractor-supplied software and networking
equipment shall be interfaced to City's personal computers and network. City shall remain
responsible for the proper configuration and functioning of City's existing personal computers and
networks. Contractor will assist City with the resolution of problems with City's existing personal
computers and network that support the GIS configuration.
Contractor technical personnel will work on-site with assigned City staff who will be trained
to maintain and support the software systems installed.
Contractor shall deliver and install a training database with the software that can be used to
ensure that the programs are fully operational.
OeIiverables
. Contractor software installed and tested on the computer system specified in Appendix N
and interfaced to City's personal computers and network
. Training and orientation of City technical personnel in installation and maintenance of
software
. One set of system documentation
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Responsibilities
a. City will provide the completed Client Information ProfIle to Contractor. The installation
date will not be frnalized until ESRI has reviewed the profile, which shall be done as
soon as possible.
b. Contractor will supply all materials for installation activities.
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c. City shall provide technical staff, as needed, including City system administrator to work
with Contractor's staff, install software, and learn basic maintenance and management
procedures for software (approximately twenty-four [24] hours' time during the period of
hardware and software installation). If software is to be installed on or interfaced to City
equipment not furnished by ESRI, City technical staff shall participate in the software
installation and shall provide assistance in interfacing Contractor-supplied software and
hardware with City's computer equipment and networks. City technical staff shall be
available during training to assist with operating system adjustments, review and analysis
for minor bug fixes, and so forth. City shall provide system administrator-level access to
Contractor on its computer system and provide requested user accounts required for
software installation.
d. Contractor shall support the resolution of any functional conflicts to City's existing
personal computers and network caused by the interfacing of Contractor-supplied
software or networking equipment.
Acceptance of Software
Software shall be accepted by City when Contractor and City jointly perform the
"ARC/INFO Installation Summary and Functionality Test" and jointly agree in writing that the
modules are operational according to ESRI's published specifications.
Task 3--Train Software Users
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Contractor shall train users in the operation of the software programs installed pursuant to
ESRI's published description and course as part of Task 2.
The training program will be conducted at one of Contractor's training centers with the
introductory GIS seminar at the City's site or other mutually agreed site. Contractor shall present a
general overview of each program and have each student use each program to solve a problem
from a previously distributed problem set. The courses themselves will extend over a period of
five (5) class days.
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Deliverables
. Users trained in use of ESRI software
. One (I) set of course materials per registrant
Responsibilities
Contractor shall provide all training materials and a trainer for conducting the courses.
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Additional sets of systems documentation, course materials, and user manuals are available at
current list prices.
Task 4-Introductory GIS Seminar
Contractor will also conduct a two-day introductory GIS seminar on-site and on mutually
agreed-upon dates.
ARTICLE 4-COMPENSA TION
City agrees to compensate Contractor as follows for the complete system outlined in this
Agreement:
Amount
a. ESRI and related software licenses
(Appendix A) $ 71,715.00
b. Hardware and System Software,
including shipping (Appendix B) 184,759.86
c. Installation and other deliverables
(Appendix C) 29,043.74
d. Software warranty and maintenance-
initial twelve (12) months (Appendix A) 975.00
e. Hardware warranty and maintenance-
initial twelve (12) months (Appendix B) 8,016.40
f. Training: ESRI ARCllNFO and other 33,820.00 .
g. Discount of products [53,252.73]
h. Discount on services [10,331.87]
L Sales tax 18.799 06
TOTAL $283,544.46
- INTENTIONAL BLANK -
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The schedule for remitting this compensation to Contractor is presented below:
Contract Billing Events
Upon execution of this contract (a)
Delivery of Sun hardware (b)
Delivery of other hardware products (c)
Installation and acceptance of hardware (d)
Delivery of ESRI ARCllNFO (e)
Delivery of other software products and
documentation (1)
Installation and acceptance of software (g)
Completion of GIS system acceptance (b)
Completion of training courses (1)
Extension of hardware and software warranty
Billing Events Total
% of Total
17%
ll%
14%
22%
03%
02%
08%
08%
ll%
04%
100%
Amount
$47,924.70
31,904.34
41,269.17
62,245.53
8,015.22
6,253.81
21,784.63
21,756.70
32,217.25
1O.173.11
$283,544.46
Contractor will invoice the above-identified events at the milestones detailed in the Master
Project Schedule attached hereto as Appendix I. City agrees to pay all Contractor invoices within
thirty (30) days of receipt City's address and contact person for receipt of invoices is designated
in Appendix E. All billings submitted by Contractor shall contain sufficient information as to the
propriety of the billings to permit City to determine that the amount due and payable thereunder is
proper.
ARTICLE 5-HARDWARE WARRANTY AND MAINTENANCE FOR
INITIAL TWELVE (12) MONTH PERIOD
Contractor warrants for sixty (60) days from date of installation acceptance each of the
hardware components furnished under this Contract to be free from defects in material and
(a) 20% of contracltotal plus applicable sales tax, excluding training and maintenance,
(b) SO% of SUD hardware plus applicable sales tax plus shipping charges..
(c) 50% of other hardware plus applicable sales tax.'
(d) 40% of total hardware plus applicable sales tax plus hardware installation,"
(e) 40% of software latal plus applicable sales tax"
(f) 50% of other software plus applicable sales tax plus software documentation. *
(g) 50% of ESRI software and other software plus applicable sales tax plus software installation"
(h) 10% of ESRI software and hardware plus applicable sales tax plus 100% support services"
(i) Cou"es billed individually upon completion plus applicable sales tax.
. Based on balance after 20 percent payment made upon oontract execution.
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workmanship. Contractor's liability under this warranty is limited to servicing or adjusting any
component returned by City to the factory for that purpose and to replace any defective parts
therein. Contractor shall provide maintenance agreements with each hardware manufacturer for
ongoing maintenance support at site during the initial twelve (12) month period. Copies of both
the CalComp and Sun Microsystems maintenance agreements are attached as Appendixes J and K,
respectively.
ARTICLE 6-HARDW ARE MAINTENANCE AFTER INITIAL
TWEL VE (12) MONTH PERIOD
Contractor agrees to offer, which City may optionally agree to accept and renew annually, the
above maintenance service agreements for forty-eight (48) months after the initial twelve (12)
months for an annual fee. The annual maintenance service fee for the next forty-eight (48) months
is listed in Appendix B. Contractor shall coordinate with City's technical representative for City-
managed maintenance agreements with each hardware manufacturer for ongoing maintenance
support at site.
ARTICLE 7-ESRI SOFTWARE MAINTENANCE AND UPDATE
SERVICE FOR INITIAL TWELVE (12) MONTH
PERIOD
J
Contractor will support/maintain the ARClINFO software for a period of twelve (12) months
following acceptance in accordance with the ESRI User Support Policy attached hereto as
Appendix G and incorporated herein by reference. Software support and maintenance will apply
only to unmodified software and to modifications incorporated and distributed by ESRI in updated
versions of the software. Standard software updates provide only for standard devices supported
by Contractor. City is responsible for making or arranging for updates to interfaces for
nonstandard devices. This maintenance and support will include the following:
I. Correction of malfunctions caused by incorrect coding or programming.
2. Correction of functions that fail to perform as specified in supporting documentation.
Contractor also agrees to provide program corrections for any system errors reported and
determined to be in the system, the documentation, or in any published operational procedures in
the most expeditious manner possible and at no cost to the user for a period of twelve (12) months
following installation.
In order to facilitate the orderly handling of problems that occur in the software, the
following procedures will occur:
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I. City will document any problem that occurs in the software with respect to the specific
data ftle on which it occurs.
2. City will attempt to replicate the problem using other test data.
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3. The above-mentioned documentation and testing will be forwarded to Contractor's office
for review and analysis of errors in a timely manner.
4. Contractor will correct the problem and return the corrections to City in a clearly
documented form.
During the period of maintenance and update service, Contractor shall be available to assist in
the review and analysis or answering user questions regarding software operation by telephone
consultation on weekdays between the hours of 9:00 a.m. and 4:00 p.m. Pacific standard time.
City's System Administrator designated in Appendix E shall mail or telephone problems or
questions to the ESRI User Coordinator, 380 New York Street, Redlands, California 92373,
telephone (909) 793-2853.
In addition, Contractor will deliver to City all updates to the ARCIlNFO and extension
software and its extensions that are distributed within twelve (12) months following acceptance.
These updates will be sent to City's system administrator designated in Appendix E.
ARTICLE 8-S0FTWARE MAINTENANCE AND UPDATE
SERVICE AFTER INITIAL TWELVE (12) MONTH
PERIOD
Contractor agrees to provide and City has the option to accept and renew annually extended
maintenance for ARCIlNFO software and its extensions beyond the initial twelve (12) months for
an annual fee. The annual maintenance and update service fee for the next forty-eight (48) months
is listed in Appendix A.
ARTICLE 9-S0FTW ARE LICENSE, USE, AND TRANSFER
RIGHTS
Contractor grants City and such other directly related agencies the nonexclusive,
nontransferable license(s) to use the software listed in Appendix A as delivered at the time of
installation and updated by subsequent Contractor software releases. Each software license
granted under this Agreement authorizes City to use the licensed software package in any machine-
readable form on a single central processing unit (CPO) designated by type and serial number to be
designated by City in Appendix N upon delivery of CPU. License(s) granted under this
Agreement may be temporarily transferred to one backup CPU while the designated inoperative
CPU is being repaired or replaced due to a malfunction.
The license for the IGL package is granted according to the additional provisions and
restrictions set forth in Appendix D, to which City hereby agrees.
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<--J <--J~ (909) 793.2853
Upgrade of CPU
City may redesignate the CPU on which a licensed software package is used by notifying
ESRl in writing at least ten (l0) days prior to the redesignation and by paying ESRl such fees as
may be due if the redesignated CPU capacity is larger than that of the originally designated CPU.
Additional CPUs
If ESRI software is used on additional processing units in addition to the CPU described in
Appendix N, City shall pay to Contractor additional license fees. The fees for additional
installations of ESRI software shall be in accordance with the discount policies then in effect.
Contractor agrees to provide professional services. for installing, moving, reinstalling, and/or
training in use of said software within new or relocated City sites for costs not to exceed standard
Contractor labor rates, travel, and per diem.
ARTICLE to-STATEMENT OF PROPRIETARY INTEREST
City agrees that all software licensed by way of this Agreement and all Contractor
documentation are proprietary to Contractor and are and shall remain at all times the property of
Contractor. City shall be responsible to ensure that its employees do not disclose any proprietary
information or material to any unauthorized individual, institution, company, or government
agency or in any way transfer this software or any hybrids of the same without written permission
of authorized Contractor personnel. The restrictions shall include software, file structures,
documentation, algorithms, related software concepts, software program corrections, and updates.
City agrees that copies of all licensed software received from Contractor or made by City for any
purpose authorized by the Agreement are and shall remain at all times the property of Contractor.
City agrees that its obligations of confidentiality described heretofore in this article are binding in
perpetuity and as such survive the term of this Agreement
ARTICLE ll-TERM AND TERMINATION
This Agreement is effective from the date of execution of this Agreement by City and shall
remain in effect until full implementation is completed or until terminated by the parties. If the
Agreement is terminated by City as provided in this paragraph, Contractor shall be entitled to
receive just and equitable compensation for any satisfactory work completed and other materials
delivered and accepted to the effective date of such termination. City may terminate this
Agreement, at any time and for any reason, by giving specific written notice to Contractor of such
termination and specifying the effective date thereof, at least ninety (90) days before the effective
date of such termination.
If, through any cause, Contractor shall fail to fulml, in a timely and proper manner,
Contractor's obligations under this Agreement, or if Contractor shall violate any of the covenants,
agreements, or stipulations of this Agreement, City shall have the right to terminate this Agreement
by giving written notice to Contractor of such termination and specifying the effective date thereof
at least ten (10) days before the effective date of such termination.
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Contractor shall first be allowed the option to cure the nonconforming activity before City
seeks legal redress. In any event, damages shall not exceed the contract value. In cases where
both Contractor and City are at fault, the rule of comparative negligence shall be used.
Contractor grants only a license to use the proposed software and documentation. Title to the
software and documentation shall remain at all times with Contractor. In the event of termination
of the Agreement, title to the software does not pass to City.
This Agreement and any license granted hereunder may be terminated by Contractor if City
fails to comply with any of the terms and conditions herein. The license granted herein with regard
to each licensed program shall remain in force until City terminates the use of that licensed program
on the designated equipment or until City's failure to comply with any of the terms and conditions
of this Agreement
Within thirty (30) days after City has terminated use of any licensed software or within five
(5) days after Contractor has terminated this Agreement by reason of City's failure to comply with
any of the terms of this Agreement, City shall destroy all copies in whole or in part, in any form,
including partial copies and modifications, of the discontinued or terminated licensed program or
programs (except that City may retain a copy for archive purposes only), and City shall represent
in writing to Contractor that these steps have been taken. Within the same applicable time period,
City shall return all documentation, manuals, and related material concerning the discontinued or
terminated licensed program or programs to Contractor.
ARTICLE 12-COMMERCIAL TIME-SHARING
For purposes of this Agreement, commercial time-sharing is defmed as any individuals or
organizations not a part of, nor a subsidiary, subdivision, or affiliate of City obtaining access to the
ESRl software products licensed with or without the payment of fees.
Contractor recognizes the intent of City to utilize the licensed software to provide database
and related services to other entities. The licensed software may be utilized for such purposes so
long as these third parties do not access the licensed programs and related documentation as
specified herein. In the event third parties are provided access for evaluation and/or use, each third
party shall sign the current version of the ESRl Software License Agreement in effect at that time.
In the event of commercial time-sharing of the licensed software, defmed as use for profit of the
licensed software by third parties, additional fees will be assessed for the time-share license. City
agrees to notify ESRl in advance of allowing use of the licensed software for commercial time-
sharing and to pay all required fees of Contractor due upon commencement of this activity.
ARTICLE 13-EXPORT
Licensee acknowledges that the software and other technical data licensed under this
Agreement are subject to export controls imposed on Licensor, Contractor, and Licensee under the
laws and regulations of the United States. These technical data are for use only at the authorized
destination licensed by this Agreement Licensee will not permit exportation or transshipment in
violation of the export laws and regulations of the United States, and Licensee agrees to indemnify
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and hold Licensor and Contractor harmless from any and all costs, damages, fmes, or other
expenses incurred by them by reason of Licensee's violation of this provision.
ARTICLE I4-SUPPL Y OF CONVERTED, EXTENDED, AND NEW
RELA TED SOFTWARE
If requested, and if City agrees, City will provide Contractor with a copy of converted,
revised, and/or new GIS software developed in conjunction with Contractor-provided software
operating on City's hardware as well as copies of any documentation relevant to such software.
The expenses incurred in conducting such transfer shall be charged to Contractor on a reimbursable
basis. In the case where City provides Contractor with software resulting from conversion,
revision, extension, or new creation, said software shall be available without cost or with nominal
cost to other GIS software users upon request.
ARTICLE IS-OPTIONAL GEOGRAPHIC INFORMATION SYSTEM
HARDWARE AND SOFTWARE
It is agreed that in the event that City desires system upgrades or additional hardware or
software, that Contractor shall have the right to submit a proposal in accordance with Appendix F.
Appendix F pricing shall remain valid for one (I) year from the effective date of this Agreement
ARTICLE I6-ADDITIONAL SERVICES
Contractor shall provide City with on-call GIS implementation services as City may request.
These services shall be provided on a time-and-materials or fIxed fee basis. Services will be
provided to City by Contractor within a schedule mutually agreed upon by both parties. Contractor
shall provide services, as requested, in one or more of the following areas:
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a. GIS implementation planning
b. System design, engineering, and integration
c. Contract database development (including digitizing, scanning, processing, digital
conversion, and plotting)
d. Application design and development
e. Expanding the scope of work set forth in this Agreement to include professional
consulting services
The cost of ongoing services will be in accordance with Contractor's most current rate
schedule (attached as Appendix M) at the time the services are provided and may be contracted for
under a Purchase Order referencing this Agreement number.
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--.J --.J 380 New York Street
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'--iI ~ (909) 793.2853
ARTICLE 17-CONTRACT ADMINISTRATION
City's Contract Administrator hereunder is designated in Appendix O.
Contractor's Contract Administrator hereunder is Anne Houston-Rogers.
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ARTICLE IS-TECHNICAL REPRESENTATIVE
City's Technical Representative who will participate during system installation, be available
as system administrator during training, and be the primary technical contact with Contractor for
user support and software updates under this Agreement is designated in Appendix O.
Contractor's Technical Representative under this Agreement is Ed Yarish.
The Technical Representatives shall represent the Contract Administrators in the technical
phases of the work; however, the Technical Representatives shall not be authorized to change any
of the terms and conditions of this Agreement. Such changes, if any, shall be made only by the
Contract Administrator or by his authorized representative by a properly executed modification to
this Agreement
ARTICLE 19-ACCEPTANCE OF WORK
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Acceptance of all reports and services shall be made by City's Contract Administrator.
ARTICLE 20-EXTENSION AND MODIFICATION
Additional specifications consistent with the terms and conditions of this Agreement relating
to details of time, task breakdown, or other matters related to accomplishment of the proposal not
specified in this Agreement, may be added to this Agreement through agreement by both parties by
a properly executed modification.
ARTICLE 21-ASSIGNMENT
Except as provided otherwise in this Agreement, the services of Contractor are personal to
City, and Contractor shall not assign any interest in this Agreement, including maintenance and
support, and shall not transfer any interest in the same (whether by assignment or novation),
without prior written consent of City, which City may not unreasonably deny. City hereby
consents to the assignment of the portions of the tasks or services to the subcontractors identified
in Appendix A and Appendix B. .
City shall not be entitled to assign its rights hereunder, or any of them, without prior written
consent of Contractor.
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.....J.....J 380 New Yorll: Street
II Redlands, CA 92373
.....J .....J~ (909) 793-2853
ARTICLE 22-INSURANCE
Contractor represents that it and its agents, staff, and subcontractors employed by it in
connection with the services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by insurance companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of City:
Statutory Worker's Compensation insurance and employer's liability insurance coverage in
the amount of $1,000,000. .
Commercial general liability insurance, including business automobile insurance coverage in
the amount of $1,000,000, combined single limit applied separately to each project away from
premises owned or rented by Contractor, which names City and Applicant as an additional insured,
. and which is primary to any policy that City may otherwise carry ("primary coverage"), and that
treats the employees of City and Applicant in the same manner as members of the general public
("cross-liability coverage").
A. Proof of Insurance Coverage
I. Certificates of Insurance
Contractor shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by deli very of certificates
of insurance demonstrating same, and further indicating that the policies may not be
canceled without at least thirty (30) days' written notice to the additional insured.
2. Policy Endorsements Required
In order to demonstrate the additional insured coverage, primary coverage, and cross-
liability coverage required under Contractor's commercial general liability insurance
policy, Contractor shall deliver a policy endorsement to City demonstrating same,
which shall be reviewed and approved by the City's Risk Manager.
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ARTICLE 23-TAX APPLICABILITY
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Contractor has included within the contracted price such sales tax as may be bound by the
laws, rules, and regulations of the appropriate taxing agency regarding such matters. Any sales tax
that becomes due shall be paid by City. If City is exempt from certain taxes, City shall furnish to
Contractor evidence of its exemptions from any federal, state, or local taxes. Such certificates shall
be furnished to Contractor upon execution of this Agreement
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ARTICLE 24-LIMITS OF LIABILITY
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Contractor shall indemnify City against all claims for direct damages to persons or property
resulting from the failure of Contractor's ARClINFO software and/or hardware to meet its
published specifications. In no event shall Contractor's total liability for damages exceed the total
contract value. This limitation will not apply to claims by City for bodily injury or damages to real
property or tangible personal property for which Contractor is legally liable.
In the event of claims by City for bodily injury or damages to real property or tangible
personal property for which Contractor is legally liable, Contractor shall defend, indemnify, and
hold harmless City and its elected and appointed officers and employees from and against all claims
for damages, liability, cost, and expense arising out of the conduct of Contractor, or any agent or
employee, subcontractors, or others in connection with the execution of the work covered by this
Agreement, except to the extent of the negligence or willful conduct of City, its officers, or
employees. Contractor's indemnification shall include any and all costs, expenses, attorneys' fees,
and liability incurred by City, its officers, agents, or employees in defending against such claims.
Further, Contractor, at its own expense, shall, upon written request by City, defend any such suit
or action brought against City, its officers, agents, or employees. Contractors' indemnification of
City shall not be limited by any prior or subsequent declaration by Contractor.
Contractor shall not be liable for any risk if the proposed software products herein are altered
by City in any way or if said products are used in conjunction with any non-Contractor-supplied
products. Contractor shall not be liable to City for special, incidental, or consequential damages
related to the use by City of the equipment, licensed programs, or licensed materials, even if
Contractor has been advised of the possibility of such damage.
r
ARTICLE 25-RELEASE OF SOURCE CODE
In the event ESRI ceases its operation of business or that a petition has been ftled under
Chapter 7, Title 11 of the United States Code by or against ESRI in a court of competent
jurisdiction, which results in an interruption in User Support, City shall have the right to exercise
and ESRI hereby authorizes a personal, nonexclusive, nontransferable license to use one (1) copy
of the most recent revision of the Source Code for City's own internal GIS use for maintenance of
the system only.
City agrees that any copy or adaptation of the Source Code may only be used for City's own
internal use on City's GIS, and that ESRI, as copyright owner, will not authorize City to lease,
sell, rent, license, or otherwise transfer that new copy or adaptation of the Source Code itself,
unless expressly stated herein.
ARTICLE 26-APPLICABLE LAWS
This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in the State of California, and if applicable, or as close thereto as
possible, PROVIDED that with respect to the INFO software package the provisions of the
A92-S27 1 11 AHR
-15-
/Y'/d,
4/16193
iiAiI ~ Environmental Systems Research Institute. Inc.
0-10-1 380 New York Slreet
~ ~ Redlaods, CA 92373
0-1 o-I~ (909) 793-2853
,
j
Agreement relating to the proprietary rights of Contractor and Henco, Inc., the owner of the INFO
software package, shall be construed in accordance with the laws of the Commonwealth of
Massachusetts, United States of America.
ARTICLE 27-INTEGRA TION
This Agreement and appendixes annexed hereto constitute the entire Agreement between the
parties, and there are no understandings or agreements relative hereto other than those that are
expressed herein. No change, waiver, or discharge hereof shall be valid unless in writing and
executed by both parties.
- INTENTIONAL BLANK -
"
,
A92-S27ll/AHR
-16-
/.s-, '17
4/16193
"""1 Environmental Systems Research InstiWte, Inc.
-..J -..J 380 New York Slreet
II Redlands. CA 92373
o.-..J o.-..J ~ (909) 793.2853
!
!
Signature Page
to
Agreement between City of Chula Vista (City and Licensee) and
Environmental Systems Research Institute, Inc. (Contractor)
for the Purchase of a Geographic Information System
IN WITNESS WHEREOF, City and Contractor have executed this Agreement thereby indicating
that they have read and understood same, and indicate their full and complete consent to its terms:
Dated:
,19_
City of Chula Vista
By:
Tim Nader, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
Bruce M. Boogaard, City Attorney
Dated:
,19_
Environmental Systems Research Institute, Inc.
By:
5i<.L~"r~ Cc..".-f",c,-
'--
.1
~~,'f ,he..
Printed Name: ="'5';'",ro'l (2,"",/"",-
" 1 I,,,: ,_
. j rc: t l ! ~.,' 7' L' .
Date:
'-/j/?/n
, {
://;"/(3
/
A92-S2711/AHR
-17-
IY'/Y
4/16193
~-
APPENDIX A
SOFTWARE TO BE INSTALLED
Chute Visla: Final ConngUJalion
8ClF1W_ COST 't.m. QuenUtl.. Unit COl' Extended 1It V..r 2nd V.., 3rdY..r 4th V.... 51h V..,
"e... Deeort 10. PlHll PW GIS TOrAl Totel ".'nt. MoI"t. Malnt. Melnl. M.lnl.
ARCIWFO 1., AMdng lice.... 1 1 18.000.00 18,000.00 NIC 3,000.00 3,150.00 3,307.50 3,472.88
AfICIIrWO 2nd FJodno UC8IIM 2 2 8,800.00 18.800.00 NIC 1.200.00 1,260.00 1,323.00 1,389.15
NETWORK I. FIoaIlng lJce.... 1 1 2.550.00 2,550.00 N/C 500.00 525.00 551.25 578.81
AltYn tor t.IaoSon Window. 4 7 1 12 510.00 6,120.00 N/A N/A N/A N/A N/A
"'<CAD CInd. An:1Ilew) 1 1 3.985.00 3,995.00 N/C' N/A N/A N/A N/A
Hum"ngbkd X Em_ S1_u.:.r.. 1 5.500.00 5,500.00 875.00
Hughoo lNl PloUNC 2.o~. 4 7 2 13 450.00 5,850.00 N/A N/A N/A N/A N/A
R_Ing_Lan. 1 1 0.00 0.00 N/A N/A N/A N/A N/A
Cm.. AnIIyoIo AppIIcolIon LIce... 1 1 0.00 0.00 . N/A N/A N/A N/A NIA
-'u1oCAD 12 ~ ClneL 8_ IlIecnq 1 1 2,250.00 2.250.00 N/A N/A NIA N/A N/A
_OCOOOI._"'~ 1 1 2,550.00 2.550.00 NIC 500.00 525.00 551.25 578.81
_OORD I. FIoolIng~. 1 1 2.550.00 2.550.00 N/C 500.00 525.00 551.25 578.81
AllCItlFO r... I. _Mg lJcoMo 1 1 2,550.00 2,550.00 N/C 500.00 525.00 551.25 578.81
IIllF1WAlIE __AI. 71,715.00 175.00 ',200.00 ',510.00 ',835,50 7,'77.21
""
I
~
~
~.lIAl.I p...,
,_., '''-",
HAROWARECOST
It.m O..crlptlon
Sun SPAACatatlon 10 ModeI.1 flit 1 CPU
Sun USA Country kh
Sun Centronl. Penal'" Inlerlace
Sun Serial Pon Splitter
Sun AudotAUI AdlpIeJ Cable
Sun 16M8 ~mory Elpl!IInslon
Sun 1.05G8 SCSI DIsk, Tape Drive. CO
Sun Sctrl81 Parallel Conlrollar Card
Sun 150 M8 ,'''- T9pe 8ackup Pack
Sun SoIerls MedIa on CO
Sun SoIerls Complete Manual Set
Sun Solaria Answer IJo<Ml. Online Doc.
BEST 5.3 KVA UPS
SUn SPARC6lBtlon 10 Model 30 wI 32 M8 RAM, 1.05GB DIsk
Sun USA Country Kit
Sun Solaria Anaw. eoo.t OnUne Doc.
CalComp Thermal Transfer Prlnfltr 300 DPI
P.aIIe1 CIIbIe for c.JComp Thermal Transfer PrIn18r
NEWSprln1 Softwarellcensa and Media
CoIComp HEWSprint
Sun SPARCprinter wINEWSpllnt, 5m Parallel Cable
RMterGnlphlcs ColorStatlon (36M "OOdpl) Model ..36CX
..Plot Man8gement OptIon (Ind. 1.2G8 Hard Drive)
~ ..Toniif' AUIo+concenl1aUon System
I ..Ethernet TCP/IP Interrace
..CtIfComp PenlElectrosl8t1c Emulation
..Suppl6es Stwter Kit (STC36)
..PC Connecttvlty Kit (AutoCAO ADI, Autoshade, T AAGA.
;"<-.. __ 3.1 <Olvo,)
\~ConIa. FSS 5000 E-iUze Scann8f (500 dpI) wlSCSI Cable
-_'Cont.. FSS 5000 E-&lze Scanner - Sun Inlerlace Kit
~\ Conlex FSS 5000 E-sl.z. Scanner. Floor Sland
NElWORk HARDWARE
~ 3COM Ethernet Card lor PC's
\..J MMAC 3 wI Flexible Network 8us and PSM
Ethernet Managemenl Module wtE-net 8rldge
10BasaT Twllted Pair wlAJ.7t (12 Ports)
10BueT Transcehr.r Unit wI 8ultt-Qn AUI
Super c.. Gra.. TIP Jumper. 24 AWG. wtRJ-45
Super 0... Grade TIP Jumper. 24 AWG, wlRJ-45
Super 0... Gra.. TIP Jumper. 24 AWG. wlRJ-45
Super [)eta Grade TIP Jumper. 24 AWG. wtRJ-45
Super 0... Grade TIP Jumper, 24 AWG, wlR.J-45
SUper 0... Grade TIP Jumper. 24 AWG, wlRJ--45
4-Palr Cable PlENUM Lavel-4 24AWG Solid (1,000 It)
BIICUIt BIoctl wton. A.J45 -oATA-
Misc. Compulef Network Supplies
lavel One Network MaIntenance
HARDWARE SUBTOTALS
"""'J IloaA'" P...2
Item'
3C509
.....C-:JFNIl
~
TPMIM-22
TPT--4
9360119-5
9360119-10
9360119-15
9360119-25
9360119.30
9360119.50
NS.105221826
" :PPC~';X u
HARDWARE TO BE INSTALLED
Chula Visla"
Quantltl.s
Pl PW
(is TOTAL
1 1
1 1
3 3
3 3
3 3
2 2
1 1
1 1
1 1
1 1
1 1
1 1
1 1
2 2
2 2
2 2
2
2
2
2
1
1
2 2
1 1
1 1
1 1
2 2
15 15
4 4
3 3
1 1
2 2
1 1
1 1
4 4
1 1
Final Conliguration
Unit Cost Ext.nded
Tolal
26.995.00
0.00
225.00
150.00
225.00
1,850.00
6,60000
1.095.00
1,600.00
200 00
1,295.00
495.00
8,930.00
42,790.00
0.00
500.00
14,584.00
100.00
1,390.00
0.00
2,695.00
44,804.76
26.995.00
0.00
75.00
50.00
75.00
925.00
6,600.00
1,095.00
1.600.00
200.00
1,295.00
495.00
8.930.00
21,395.00
0.00
250.00
7,292.00
50.00
695.00
0.00
2,695.00
44,804.76
Ind.
Ind.
Ind.
Ind.
ind.
Ind.
13,900.00
990.00
450.00
199.00
1,250.00
7,498.75
2,275.00
199.00
18.75
21.25
20.80
35.10
45.50
78.00
348.80
11.20
50.00
13,900.00
990.00
450.00
398.00
1,250.00
7,498.75
2,275.00
398.00
281.25
85.00
62.40
35.10
91.00
78.00
348.80
44.80
50.00
184,751.86
111 Ve.r
Melnt.
1,170.00
HIA
H/A
N/A
WA
HIC
990.00
90.00
90.00
765.00
315.00
45.00
HIC
2.340.00
N/A
90.00
N/C
H/A
90.00
N/A
675.00
Incl
N/A
N/A
H/A
N/A
N/A
NIA
N/A
N/A
HIA
N/A
N/A
N/A
N/A
N/A
N/A
1,356.40
.--,",~,
2nd V..r
Uel"t.
...-.......
3rd V..r
Metnl.
41h V..,
U.lnt.
--
5th V..r
Melnt,
SCE FIXED COST MAINTENANCE OPTION
FOR HARDWARE ON FOUJ:1MNG PAGE
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
NIA
N/A
N/A
NIA
NIA
NIA
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
H/A
N/A
N/A
N/A
N/A
N/A
H/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
NIl.
N/A
NIl.
N/A
NIl.
APPENU1X tl, CONT.
Chula Vista: Final ConhgUfalion
FIXED COST MAlNTEMANCE OPTION FOR AU HARDWARE (lnoIud. hi y.... level One network m11lntelMlnce)
a.... t.. (7.75%)
ToIal Hard.a,. Maln'aMnce
I
N
o
I
~
~
~
olIL91 'IN"''' Pelle J
ht V..r 2nd Vea, 3rd Vea, 4th V.., 5th V..r
"elnt. Iblnl. ".Int. "'Inl. Malnl.
_,016.40 22,110.00 23,710.00 24,610.00 25,510.00
621.27 1,775.53 1,137.53 1,107.26 1,177 .03
1,637.67 24,665.53 25,547.53 26,517.26 27,417.03
--.....-
APPENDIX C
MISCELLANEOUS DELlVERABLES
Chula Vista: Final Conliguralion
Ou.nUtl.. Unit Co.t Extended
U_m' PI. PW GIS TOTAL Tot.1
1 1 12,823.74 12,823.74
3 3 700.00 2,100.00
2 295.00 590.00
1 1 1,500.00 1,500.00
1 1 1,800.00 1,800.00
1 1 3,500.00 3,500.00
4 7 2 13 200.00 2,600.00
4 7 2 13 35.00 455.00
13 13 60.00 780.00
1 1 1.995.00 1.995.00
1 1 400.00 400.00
1 1 500.00 500.00
29,043.74
INSTALLATlON. OCX:::UllENTATklN, AND SUPPORT COST
Ouerl lion
IntegratlonIProJect Mgmnt 5% Level
Sun Workstation Installation
CalComp Therm" Printer InSlallatlon
Conl8x Scann... Installarlon ..
Shipping & Handing tor Sun & CalComp
ESRI Software installation
HummIngbird Installallon
Hummingbird Documentation
Hughos ProliNe Installation
Network InstaUaUon
Network Oeslgn and Layout SelVlce
AutoCAO Install8l1on ..
.. Self-Instaladon posslble
IHSTALl, DOCUMENTATION, SUPPORT SUBlOTALS
I
N
~
'i\
7--'
.,8/9) l' O'A'-I Pag..
iiiiIll Environmental Systems Research Institute. Inc.
~ ~ 380 New York Street
II Redlands, CA 92373
~ ~~ (909) 793.2853
APPENDIX D
I
I
SPECIAL PROVISIONS-TEKTRONIX INTERACTIVE
GRAPHICS LffiRARY (lGL) SOFTWARE LICENSE
1.
Scope of License Granted
a. The license granted to City by Tektronix and Contractor is a nonexclusive.
nontransferable license to use Licensed Software on Designated Equipment solely for
City's internal business purposes and to reproduce Licensed Software solely in support
of such use.
b. City may use Licensed Software on a single backup unit or substitute equipment
whenever Designated Equipment is inoperative or is undergoing repair, maintenance, or
modification.
c. City may at any time request that this license be extended to permit use of Licensed
Software on additional or replacement Designated Equipment subject to Tektronix'
approval by: (1) submitting a request that refers to this license by number and that
identifies the additional or replacement Designated Equipment, and (2) paying the fees
and charges applicable at the time the request is submitted.
2 . Permission to Copy Licensed Software
a. City may copy Licensed Software only as reasonably necessary to support the authorized
use. City shall maintain a record of the number and location of all copies made and shall
make such record available to Tektronix upon request.
b. City shall reproduce and include in all copies of Licensed Software any copyright notice
or restrictive legend included in Licensed Software as received from Tektronix, and shall
affix to the copy medium and any container housing the medium any copyright notice or
restrictive legend affixed to the medium or container as received from Tektronix.
c. All copies of Licensed Software, whether provided by Tektronix or made by City, shall
be and remain the property of Tektronix or third parties from whom Tektronix has
obtained a licensing right
3. Protection and Security of Licensed Software
a. City shall not provide or otherwise make available Licensed Software to anyone other
than employees or contractors of City whose job performance requires such access. City
shall take appropriate action to ensure that any person permitted access to Licensed
Software does not provide it to others or duplicate it in contravention of this license.
A92-S2711/ AHR
-22-
15--5'3
4/16/93
:- ~:J Environmental Systems Research Institute, Inc.
380 New Yorl< Street
:J:J Redlands, CA 92373
~ (909) 793-2853
APPENDIX D, continued
b. City shall not remove or obscure any notice or legend included in Licensed Software as
received from Tektronix or affixed to its media or media container or printed in any of its
associated documentation.
c. Before recycling, discarding, or disposing of any media containing Licensed Software,
City shall erase or otherwise destroy Licensed Software contained therein.
4. Notice
a. The Interactive Graphics Library (lOL) Software licensed under the agreement has been
obtained from Tektronix and is subject to the rights of Tektronix and to the license
between Tektronix and Contractor.
b. Tektronix makes no representations or warranties to City and is not obligated to provide
support to City.
A92-S27 1 11 AHR
-23-
IS "5'1
4/16193
......::J Environmental Systems Research Institute, Inc.
--.J 380 New York Street
---. ---. Redlands, CA 92373
--.J --.J~ (909) 793-2853
APPENDIX E
i
CITY REPRESENTATIVES FOR ESRI SOFIW ARE PRODUCTS
TECHNICAL REPRESENTATIVE
CONTRACT ADMINISlRATOR
Participates in System Installation
Acts as System Administrator during
Training
Acts as Primary Technical Contact with
ESRI or Distributor
Administers Agreement
Name
Name
Street Address
Street Address
City
State
ZIP Code
City
State
ZIP Code
1
,
,
/
Area Code Phone
Extension
I
Area Code Phone
Extension
SYSTEM ADMINISlRATOR
(If not Technical Representative)
Receives and Installs Update Packages
Acts as Operating System Specialist
Coordinates Hardware Maintenance
Forwards System Questions to ESRI or
Distributor
TO WHOM SHOULD WE SEND INVOICES?
Name
Name
Street Address
Street Address
City
State
ZIP Code
City
State
ZIP Code
/
I
Area Code
Phone
Extension
Area Code
Phone
Extension
A92-S27111 AHR
-24-
/.?55'
4/16193
:- I:J Environmental Systems Research Instiblte, Inc.
380 New York Street
II Redlands, CA 92373
,,-.J,,-.J~ (909) 793-2853
APPENDIX E, continued
GIS CONSULTANT
GIS CONSULT ANT
Receives User Documentation
Forwards User Questions to ESRI or
Distributor
Receives ESRI Response to User Questions
Software Package
City May Designate Different People to
Act as GIS Consultants on Various ESRI
Packages such as ARCllNFO,
NETWORK, COOO, and so forth.
Software Package
I
}
Name
Name
Street Address
Street Address
City
State
ZIP Code
City
State
ZIP Code
Area Code
I
Phone
Extension
Area Code
I
Phone
Extension
Please send any future change notifications on company letterhead or additional copies of this form
to ESRI, 380 New York Street, Redlands, California 92373. Telephone, (909) 793-2853; FAX,
(909) 793-5953; Telex, 910 332 1317.
.,
A92-S2711/ AHR
-25-
15"->'?
4/16193
SOFTWARE COST
Description
ARCIINFO Floating Seal
ArcVifNt for Mia-oSaft Windows
Hummingbird X Emulation Software
Hughes LAN ProllNC 2.0 Ucense
t1FORMIX Server
INFORMIX-onUne(I-16 Users) Development
INFORMIX-Star (1-16 Users) Run Time
INFORMlX-SOl (1-16lJse<s) Run Time
INFORMIX ESOUC (1-16 Users) Run Time
t1FORMIX Chlllo
INFORM IX-NET (8lJse<) Run Tine
INFORMIX-ESOUC (8 lJse<) Run Time
AutoManoger Single User License
AutoWorkflow Advanced View Singkt User license
ViewBase Single User License
SUBTOTALS
I
N RVE YEAR MAINTENANCE OPTION
a-
I "Telephone support only.
HARDWARE COST
D..crlptlon
Sun SPARCstation LX 19" Monitor, 424 MB
Sun USA Country Kit
Sun Seriol Port Splitter
Sun AUI Adapler Cable
Sun 32 MB Memory Upgrade
Sun 1.05 DisklCD-ROMl8mm Tape Pack
Sun SoIaris Ans_ Book OnUne Manuals
CalComp 36"x48" Backlit Digitizer
CalComp 12"xl2" Digitizing Tablet
CaIComp 38" Imago Raoler Plotter (4QODPI)
50MB Disk Upgrade for Rosier Plotler
Milan Ethernet Tranceiver for CalComp
SUBTOTALS
~
"J'4fll11il3 P.l
Quantltl.8
PL PH GIS TOTAL
1 1
6 6
2 2
6 6
QUlntltl..
PL PH GIS TOTAL
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
2 2
1 1
1 1
1 1
APPENDIX F
Optional Items
Tlx Rat.: 7.75%
Unit COI' Total Total 1at V..,
(Incl. Tax) Main'.
9,900.00 9,900.00 10,667.25 N/A
510.00 3.060.00 3,297.15 N/A
545.00 1,090.00 1,174.48 N/A
450.00 2,700.00 2,909.25 N/A
8,635.00 8,635.00 9,304.21 1.410.00
1,617.00 1,617.00 1,742.32 180.00
1,155.00 1,155.00 1,244.51 130.00
572.00 572.00 616.33 60.00
704.00 704.00 758.56 80.00
462.00 462.00 497.81 55.00
595.00 595.00 641.11 N/C'
395.00 395.00 425.61 N/C"
950.00 950.00 1,023.63 N/C.
31,835.00 34,302.21 1,915.00
7,660.00
2nd V..r
Malnt.
3,000.00
N/A
N/A
NIA
3rd V..r
Mllnl.
3,150.00
N/A
NIA
NIA
-~",
4th Y..r
Malnl.
3.307.50
NIA
NIA
N/A
5th V..r
Malnl.
3,472.88
N/A
NIA
N/A
SEE FIVE YEAR MAINTENANCE OPTiON BELOW
NIA
NIA
N/A
NIA
N/A
N/A
NIA
NIA
N/A
NIA
N/A
N/A
Unit Coot Tolot Tota. 1at V..r 2nd V..r 3rd V.., 4th Ve., 5th V..r
(Incl. Tax) Molnl. Malnl. Malnl. Malnl. Malnl.
9,995.00 9,995.00 10,769.61 900.00
0.00 0.00 0.00 N/A
50.00 50.00 53.88 N/A
50.00 50.00 53.88 NIA
3,000.00 3,000.00 3,232.50 N/A
6,600.00 6,600.00 7,111.50 990.00
250.00 250.00 269.38 45.00
6,947.20 6,947.20 7,485.61 N/C
396.00 792.00 853.38 N/C
18,396.00 18,396.00 19,821.69 N/C
796.00 796.00 857.69 N/C
1.000.00 1,000.00 1,077.50 N/A
47,876.20 51,586.61 1,935.00
APPENDIX F, CONT.
Optional Items
INSTALLATION, DOCUMENTATION, TRAINING, AND SUPPORT COST
D..orlptlon Quantltl.. Unit eool Totol Totol ta. Y..r 2nd VH' 3rd Va.r 4th Ya.r 5th V..r
PL PH lIS TOTAL (lnol. Tn) Malnt. Molnl. Malnt. M.lnt. M8lnt.
Sun Workstahon Installation 1 1 700.00 700.00 700.00 NtA NtA NtA NtA NtA
CalComp Planer Installation 1 1 295.00 295.00 295.00 NtA NtA NtA NtA NtA
CalComp Digitizer Installa..n 1 1 295.00 295.00 295.00 NtA NtA NtA NtA NtA
INFORMIX Insllllalion 1 1 3,000.00 3,000.00 3,000.00 NtA NtA NtA NtA NtA
Shipping & Handling for Sun & CalCornp 1 1 800.00 800.00 800.00 NtA NtA NtA NtA NtA
Introduction to RDBMSa 1 1 600.00 600.00 600.00 NtA NtA NtA NtA NtA
AddilionallNFORMIX OnUne Docum. 2 2 270.00 540.00 . 581.85 NtA NtA NtA NtA NtA
AddiIionaIINFORMIX-saL Docum. 2 2 100.00 200.00 215.50 NtA NtA NtA NtA NtA
AddiIionaIINFORMIX-5TARlNET Docum. 1 1 180.00 180.00 193.95 NtA NtA NtA NtA NtA
INFORMIX.SQl. Fundamenlals 3 3 600.00 1,800.00 1,800.00 NtA NtA NtA NtA NtA
INFORMIX Dalabase Design 1 1 825.00 825.00 825.00 NtA NtA NtA NtA NtA
Using the Dalabase Integrator with ARCtlNFO 2 2 900.00 1,800.00 1,800.00 NtA NtA NtA NtA NtA
AutoManagerNiewBase Installation 1 1 500.00 500.00 500.00 NtA NtA NtA NtA NtA
SUBTOTALS 11,535.00 11,606.30 0.00
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User Support
RC/INFO@
Your Link to ESRI the annual ESRI User routed to research your
Conference, and the questions and consult
ESRI's long.standing com. ARC News"" newspaper. with other specialists as
mitment to serving and Please refer to the sum. necessary to resolve
responding to the GIS user mary chart for a list of problems as quickly as
. community is exemplified services included in each possible.
by the goals of our User support program.
Support Service: to pro' Resolution Time. The
mote your success with time required to answer
ARCIINFO" software and Technical Support your question or resolve
r carry forward your sugges. Services your problem varies con-
I tions for its continuing siderably, depending on
I
improvement. To foster Hotline. ESRI's staff of the type of problem and
your success in using Technical Support Ana. whether we are able to
ARCIINFO software, we lysts is available by tele- reproduce it at our site.
provide a flexible and phone Monday through Usually we are able to
complete support program. Friday from 7;00 a,m. to answer questions and
5;00 p.m." Pacific time. suggest work-arounds to
When you call the problems the same day
, What Constitutes hotline number, 714-793- we receive them, often
l
User Support? 3774 {ESRIl, your call is immediately.
answered by a technical If research or consulta-
User Support at ESRI receptionist, who con- tion with another special-
consists of Technical Sup- firms that you are a ist is required, it may take
port Services (including Primary Support sub- two to three working days.
hotline and ARCMAILSM), scriber and asks for a Under rare circumstances,
software and documenta- brief description of the it may take longer. If the
tion updates and revisions, nature of your call. problem turns out to be a
:J:J This description coding or documentation
facilitates routing your error for which there is no
call to the specialist who work-around, resolution
:I :I," is best able to help you. may have to wait for a
It's the job ofthe analyst programming modifica-
to whom your call is tion. Usually, however.
jf" 5?
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ARC/INFO Uur Support
Multi-Copy
Sila
we can clarify documenta-
tion issues and provide
work-arounds to the user's
satisfaction.
ARCMAlL. This service
provides an electronic
bulletin board of known
problems and solutions, the
ability to communicate
with other users, the abil-
ity to upload and download
files for information shar-
ing, and several special
interest bulletin boards. It
can be accessed 24 hours a
day by dialing a local ac-
cess number.
Electronic Mail. ESRI
also uses electronic mail to
receive your questions and
problems around the clock.
Domestic users can send
mail to support@esri.com.
International users should
contact their local distribu-
tor for support.
Our staff checks regu-
larly for incoming mes-
sages and distributes them
Single-Copy
Sila
to the appropriate spe-
cialists. An answer is
returned by electronic
mail.
Product Updates and
Releases. At ESRI, we
believe that GIS soft-
ware is evolutionary, so
we continually enhance
the ARC/INFO software.
Periodically, we issue
software updates and
revisions to resolve
known problems and
provide new capabilities
for each ARC/INFO
product.
An update release
includes software modifi-
cations and a limited
number of significant
new features. A new
product release includes
many major enhance-
ments to the capabilities
and functionality of the
product. Each update or
new release package
includes one software
installation kit and
I>' ~t)
-29-
appropriate documenta-
tion updates. The need
for and contents of up-
dates and new releases
are determined, sched-
uled, and provided at the
discretion of ESRI.
Annual User Confer-
ence. Each year, ESRI
hosts a user conference to
which all our support
subscribers are invited.
Free registration is pro-
vided for some support
service options (please
refer to summary chart).
This conference is a
unique week-long infor-
mation exchange between
the ARCIINFO user
community and ESRI
staff. You can meet with
other users to share
experiences and knowl-
edge. You can also attend
your choice of many user
presentations and techni-
cal sessions on how to use
ARC/INFO software. The
conference provides an
opportunity to meet face-
to-face with the ESRI
staff to ask questions and
offer suggestions for how
we can better serve your
site's needs.
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User Support Publica-
tion. As an ARC/INFO
support subscriber, you
are automatically placed
on our mailing list for
complimentary publica-
tions. These publications
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ARC/INFO U_rSupporl
provide you with the most
up-to-date information
about our products and
what is happening
throughout the GIS world.
ARC News, a quarterly
newspaper, is our way of
sharing GIS news from
ESRI and around the
world. Each issue contains
information about our
current activities, new
software developments,
news from ARCIINFO
user groups, highlights of
many user projects using
ARC/INFO software, and
much more.
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Maintenance and
Support Programs
Complimentary Sup-
port. Included in your
purchase of ARC/INFO
software is a period rang-
ing from 90 days to 12
months (depending on the
platform) during which
time you receive free sup-
port.
The installation and
implementation phase of
your ARCIINFO experience
is a critical period. This is
the time during which you
are beginning to work with
the system and are tailor-
ing it to accomplish your
GIS goals. Complimentary
support expedites your
familiarization with
ARC/INFO software and
ensures that you have the
help you may need to get
started righ t.
Support Options. At
the end of your compli-
mentary support period,
it is highly recommended
that you ensure continued
support and maintenance
by subscribing to one of
our support programs.
We offer both Primary
and Secondary Support
Programs in a two-tiered
approach designed for
economy.
Primary Support. The
three features unique to
the Primary Support
Program are the Techni-
cal Support Service,
which includes telephone
hotline support, electronic
mail, and ARCMAIL;
complimentary limited
registration at ESRI's
annual user conference;
and direct shipment of
product updates. Primary
Support is the only option
for sites with only one
ARC/INFO license. Sup-
port for optional exten-
sions must be purchased
separately, as indicated in
the policy statement.
Secondary Support. If
your site has more than
one ARCIINFO license
and has purchased at
least one Primary Sup-
port subscription, you can
take advantage of our
/y(,/
two-tiered support pro-
gram. Secondary Sup-
port, which features many
of the advantages of
Primary Support; is
available at a reduced
price for these sites. Such
a program is available for
all user platforms.
Secondary Support
requires that an experi-
enced user (and one
backup person) at the
primary site be desig-
nated as technical contact
for all communication
between ESRI and all
si tes covered by the
agreement, both primary
and secondary. Hotline,
electronic mail, and
ARCMAIL support are
not available to Second-
ary Support sites directly,
but only through the
designated primary tech-
nical contact.
Product updates are
included for both primary
and secondary sites, but
the shipments will be sent
only to the primary tech-
nical contact for distribu-
tion. The number of
Secondary Support sub-
scriptions that can be
purchased for each Pri-
mary Support subscrip-
tion varies by product.
Pricing Information.
To obtain current pricing
informatio~, call your
ESRI marketing repre-
sentative or an interna-
tional distributor.
-30-
Support 90 Days 12 Months 12 Months
Yes Yes Yes
N/A Yes Yes
Yes Yes Yes
Yes; 1 per license Yes; 1 per license Yes; 1 per license
Yes Yes Yes
Invitation; 1 Free 2 Free
Fee Required Registration Registrations
Secondary Support
Through Primary Through Primary Through Primary
Contact Only Contact Only Contact Only
N/A Through Primary Through Primary
Contact Only Contact Only
Yes; Distribution Yes; Distribution Yes; Distribution
Through Primary Through Primary Through Primary
Contact Only Contact Only Contact Only
Yes; Distribution Available at Available at
Through Primary Discounted Rates Discounted rates
Contact Only
Yes Yes Yes
Invitation; Invitation; Invitation;
Fee Required Fee Required Fee Required
C 1992 Envinx'Unental Syltel'Nl Rasrt'h Inulwta, Inc. All nghta raerved. ESRland ARCI1~rO ant
~.Lft'8d. trademaru o(Env"ironJTental SyiLel'Nl Ra_rch Inatil.ute, Inc:. The ESRI laro. ARC NfUl.,
and ArcSdla,.. tndemarU oCEnY11"01\mental S)'t.ema R..rth In.c.u.uta. Inc. ARCMAlL i.. Mf'Y1C'e
marlr: 01 EnvironmenLal S)"Itetnll ae.earc:h In'Ll1.ut.e, Inc. Other ClJmp.llnla and tndernarka hft't!ln....
tndernnu ol their relpecava =mp.ni-. ,. ~
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Enf1iron_ntal Syslenu Hereon:" Institule.lne.
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ARC/INFO@ Software User Support Policy
(January 1, 1992)
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Tenn.
To be eligible for ARC'D."FO User Support semces. users should be aware of and adhere to the following terms:
i
1. Full support is provided free of charge to users for the fint 12 months af't.er purchll5e. Thereafter. user support services,
available io 12-moDlh periods. must be purchased annually in advance.
2. Fees for Primary and Secondary Support. services (after the complimentary support term) are due and payable each year
on the annivenary date <defined as the installation date or, if self.installed, 30 days following shipment frem our offices/.
A single anniversary date is applied to all licenses.
3. Primary and Secondary Support lervices for ARC/INFO sol\.ware do Dot automatically include support for
ARC/INFO TIN"', ARCIlNFO NETWORK"', ARCIlNFO COGO"', ARCIlNFO GRID"', Dr ArcSdJ. Support Cor the,e
products must be purchased !leparately.
4. Annual (ees are subject to change by ESRI without written notice. Fees due are bued. on the rates in effect at the time
payment is due. Those paying in arrears or late (more than thirty days Crom invoice date) are subject to additional charges
DO greater than 18 percent per year.
S. User support subscription (ees must be kept up to date. Subscriber! may Dot skip a year and then re.subscribe to user
!U pport !el"V1ces at a later date without paying the applicable (ees (or the missed yems) (icclusive o( late Cees).
6. Fee! (or support services are conre(undable.
7. ESRI will ship aU support materials (including those ictended (or Secondary Support subscriptions) to the primary
technical contact. That point o( CXlntact will be responsible ror distributing these materials to Secocdary Suppat subscrib.
en and other appropriate individuals within the organization. It ia the organization's responsibility to inform ESRI in
writing o( any change regarding the technical contact.
8. ReJrcx and revision are synonymous. The)' refer to the numbered product offerings, such as Release 6.0 oC ARCIINFO
8Ofi.ware. Vers~on reCer! to the hardware plat(orm and operating system.specific product oITeriag, such as the Sun venioe
DC ARCIlNFO ""ftware.
9. Floating licenses are limited to one user at a time. The 30nware may be accessed. by another wer.kstation, t.erntinal. or a
PC acting 8.! a tennlOal. Node.l..,Qcked licenses are locked to a specific: CPU on the network and are distnbuted in set! of
three seat! called 3.Paks. Other nodes on the network may access node.locked sonware only as temunals. not separate
CPU,.
{
Additional Term.e tor Multi.Copy Sit..
10. Upon instailation and verification of a new release or update (ram. ESRI, destroy or return to ESRI aU previous venion. oC
the sofl.ware and documentation. Remember that thee preduN refl1ain subject. t.o the term! oCthe ESRI sof't.ware license
and may not be transferred. to any other penon or entity.
11. Regardless o(how many ARClINFO and PC ARClINFO~ software pnMiucu an organization HUDles, if maintenance
services are to be retained. support mUlt be purchased Cor all products aDd aU extension.!.
12. Each org&nJzation desiring user support sernces for multiple copies oCthe ARClINFO software must obtain Primary aod
Secondary Support in the (oUowing ratio: Cor Floating Licenses, one Primary Support subscription for each nine Second.
ary Support sublaiptions; for Node.Locked 3.Paks. one Primary Support subscription Cor each niDe Sea:lndary Support
subscriptioI1l. The two types oClieecses may not be combined in calculating the ratio. Usen have the option ta purchase
Primary Support ..rviees in quantities greater than the specified ratios.
LimitatiOtlll
1. ESRr, ,upport ia limited to unmodified ""l\ware distributed by ESRI.
2. ESRI fully support. INFO'" software when user support semce h.. been pun:hased C",m ESRI. Otherwise. INFO user
support must be &TT'aDged through Henco Software. Inc. If user support is oat cootracted through ESRI aDd a problem
ocrurs while using ~O. ESRI will not be able to help. If the lQurce of. problem. is not clear. ESRI will help identify it
and determioe who can help coJTeCt it.
3. ESRI does Dot provide techDicalsupport (or hardware. graphics cards and monito~. plotten. graphics printers. digitizen.
modems, and 50 00. except to answer telephone questions of how N ppon.ed devices interface to ARC'INFO software, and
thi, is limited to standard supported devices. For ,upported device!. see ARCIlNFO Supported Device, Cor each p",duct
rev19ioo and any applicable wt Minute Notes (or that release.
4. Terms and conditions of this policy are subject to change by ESRI wlthout written notice.
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.380 New York Street, Redlands, CA 92373. Telephone: 714.793.2853. Hotline Telephone: 714-793.ESRI.
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PC ARCIINFO@ Software User Support Policy
(January 1, 1992)
Term.
To he eligible for PC ARC'L\"FO User Support services, users should be aware of aad adhere to the following terms:
1. PC .-\RC~'FO user! must complete aad return the product registration card (included in the PC ARC:INFO package)
within 30 day. following receipt of product.
2. Limited support is provided free of charge to registered. users during a 9O.day complimentary !IUpport period. The
complimentary support period begias 15 days a1ier the date oC shipment. ExteD.ded user support l!l available in 12.mocth
periods and must be purchased separately and in advance.
3. Fees for Primary a.cd Secondary Support services (after the complimentary support term) are due and payable each year
aD the a.n.nivenary date (calculated.. 20 day. following shipment of the product from our offices plus the ccmplimeotary
support term).
4. Primary and Seccndary Support services for PC ARC/INFO sonware do not automatically include support for
PC NE'IVlORl('T'W, Support for this product must be purchased separately.
5. Annual fees are subject to change by ESRI without written notice. Fees due are based on the rates in effect at the time
payment is due. Those paying in a!Tears or late (more than thirty days from invoice date) are subject to additional
charges no greater than 18 percent per year.
6. User support fees must be kept up to date. Sub5Criben may not skip a year and thea re'5Ubscribe to user support at a
later date without paying the fees applicable for the missed. year(s) (inclusive oC late Cees).
7. Feel for support are nonrefundable.
8. ESRI wiJJ ship all support materials (including those intended for secondary support subSCriptions) to the primary
technical point or contact. The contact will be responsible for distributing these materials to secondary support subscrib.
en and other appropriate individuals within the organization. It il the organization's respoasibility to inform ESRI in
writing of any change regarding the technicaJ point or contact.
9. ReLease and reuisioll are synonymous. They refer to the numbered product orrenng!, such as ReIe..e 3.40 of
PC ARC/INFO software. Version refen to the hardware pla,.rorm and operating system-specific product ofTering.
10. PC ARClINFO Iicen... ani all .ingle....r lice....,
Additional Ter_ ror Multi.Copy Sit..
11. Upon installation and ...erification of a new release or update Crom ESRI. destroy or return to ESRI aU previous venions
of the software and documentation. Remember that th~e products remain subject to the terms of the ESRI software
license and may not be transferred to any other person or entity.
12. Regardless oehow many PC ARC/INFO and ARClINFO~ software p.roduc:ts a customer acquires, if support services are
to be retained. support mUlt be purchued for aU produc:tJ.
13. Each organization desiring U..r Support Cor multiple eopies oC a PC ARC'INFO software product must purehu. one
Primary Support 5UbscriptioD ror every nine Secmndary Support sublCl'iptionl. URn have the option to purchue
Primary Support services U:l quutitin IN.ter thaa the specified. ratiol.
Limilationa
1. ESRr. .upport ia limited to uamodilied sol\WanI di.tributed by ESRI.
2. ESRI do.. not plOvicl. u..r support ror PC hanlwanI. graphia carda and monitors. plotten. gnphic. printer>. digitizel'l.
modems. and JO aD. except to answer telephone questions or how supported devices interface to PC ARC'lNFO software.
For example. ESRI can provide telephone usistanc:e to help U5en build and test certain tyPes or configuration mes used
in PC ARCIlNFO software. but cannot. help CODnect. hard.warw. guide users on building speciaJ cables. or set DIP switches
on terminals, digitizers. and platten.
3. ESRI publi.h.. a docume.t entitled PC ARC I INFO Tech;"cU Guuu to Hardwan OptioM. Thi. guide Ii.t. all hardware
requirements. options. and brand.name devices known to work with PC ARC'INFO software. ESRI will not support the
use of, nor be responsible for, the perConnance of PC ARC1NFO software on hardwa~ not included among the supported
devices listed U:l this gu ide.
4. Terms and conditions or thil policy are subject to change by ESRI without written notice.
/yt,v
· 380 New York Street, Redland.. CA 92373 . Telephone: 714-793.2853 . Hotline Telephone: 714-793-ESRI.
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.-
--,
-...,
--
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TRAINING
.--
-
Chula Visla: F6na1 ConligWallon
lAM-.
QUlntltl..
PI. PW
n.m'
Unit co.t
e..ended
Totl.
3,750,00
3,920,00
4,500,00
3,00000
3,000.00
3,000,00
4.500,00
2,750,00
1.800,00
1.800,00
1.800,00
33,820.00
D..orl tlon
anIJO. .. Solan, (EU-1l1 & OW-l04)
On-S... ....1tOducIory 01S Seminar (2 dly.)
hlRlduc1lon ID ARC/WFO
__ ARCIINfO
CuoIomIzIng NlCIIlFO
UoIng 0010..... NICINFO
ARCllfEO O'......llMIgn
Sun Splem Admin. (SA-270)
NoYIg_ """0
CWlOgnlphk: _
Introduclon . R"'tlorwl [)a_buM
IUITOTALIl
GB TOTAL
3 3
1 1
3 3
2 2
2 2
2 2
3 3
2 2
2 2
2 2
3 3
1.250,00
3,920,00
1,500,00
1,500,00
1.500,00
1.500,00
1.500,00
1,375,00
900,00
900,00
600,00
I
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Activities
Contract Execution
Site Preparations
Hardware/Soltware Delivery
NetwI:d: H.dw.e
Sun. H.dwae Ind Softw.-c
Peripheral Hardware
INFORMIX SoftWIre (OPTIONAL)
AuloCad/Softdesk Sol'twan: (OPTIONAL)
Hummingbird Software
ProLINe Software
ARCIINFO Software Delivery & Installation
System Integration & Functionality Test
Client System Acceptance Testing
Training
On-Sitc Idro 10 GIS Spainar
Imo to ARCnNFO
Advonocd ARcnNFO
Customizing ARCIINFO 'iV/AMI..
Uling GRID with ARC/lNFO
ARC/lNFO Dalabue Delign
Inlro to Solaris
Sun System Admirustration
Apr '93 I
-
5 12 19 26
APPENDIX I
_.
City of Chula Vista
Master Project Schedule
May '93
3 10 17 24 31
Thursday, AfTil 8, 1993
Jun '93 1
7--~-21 28
~ I Assumed Contract Execution
I I
V.lidate Site R<<uiremenLS I
....
....
....
-.
.
GIS Department
.
2Z
Jul '93
5121192"
Pn::pue Site fII I
Network InstaUation
122
Aug '93
29162330
I
Actual training dates must
be confirmed and scheduled
through FSRI- Redlands
..
Sept '93 I
6~ 20
--
Oct '93T:__~___
27 4 11 18i2511
.
L1
..
. .
., , , .
om",
-
I I I
I
KEY
Start/End
DraftSubmillal
Final Submittal
ClienlEffort
Contractor Hfarl
Subcontract Effort
Deliver&:lnstall :-
Ship ,.,......,....,
Delivery Symbology
I Planning & Public Works
Departments
I... _
.....
..
Final GIS
Acceptance
-
..
-- - - --
-.,.
Noy '93
-8- 1 ~r~2-
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APPENDIX J
CALCOMP SERVICE AGREEMENT
I, ROlT/\'E \L\/\'TE'l/A\'CE
Then: .Jrl': r\o\.o 1.:....:/0; of Routine MJ.lfltenance serviCl: which CUMomer may purcha:>e: Basic Service (nor .available for.:..lll product<; l cover:<> labor
.lnJ l\.:pla...,:m..:rll [Xlr/'. 40n ;111 ...\..h.:JlI~I..' h.bl' I rCl.jLllr.:d III rcr<.lir hanjw;Jrc failures resulting from normal U:o.~ of rhe Prexlul.:r\ m on!.:r [I) I..ct:p 1M...'
rnIJUl'l,> 'IrH.:r:.Jllll,:! tn ;u..'l:on.bn...c \\ lib CJiC vrnr 'pecIJlcatIOll.,; Jutl Full Service layailable for all pr()(jUl'I<;Il:O\'l.:~ B..\IC Scr\"ll:c plu... 'O[[\\;jr..'
",uprprl. hOllllll: ,upron ;mu dllllh':l."lI\'lly 'upron. -\.11 Roullnc\1;,llnrcnam.:e .'icrvice will h.: pertonn~d [I) hy C.IJCmlp :1\ JI1 'ndcpl.:!1J~l1:
\.(IIHr,ll,.[or; ; III \I,. Ilhlll [Ill.: ..:orHflh.:l1I.d l'llllcJ S'JIC,> dilly: JnJ I JJj I ~lI1...lIe durmg nannal business hour~.
n( 'f.l nUl ,SLR I ICES
rh~' R'llIlln~' \LII:ll~:1;ln~\: prm ld..:d r.~ C.llClIrnr und..:r lhl' A,,grcl:l1lenl doe, nOI include furnishing supplic.... or ;K(.:~'''llnc' t'lJr Ih\.' Prndw..:t\, '1r
Il'r\llr "1 i..t.llll;J:;~ n.'\llllln~ [r(lllt .1I1~~l-;lll't: 111h..:r th;'Jn ordifl.:lry us~. or I,:au.ses by operallon of the Proc.Juc.:f \\frlh Ill1n-CJJ('urnp 'upplt..:". WllJj
r\..,pnl !Il ,In~ ":'H:Jud~d "~l'\ IL'I...... (.,dCumn wdl ~ublllll ~I Je:....L:r~rJll(m ot rhe pans or '\ervices ne"."e::......:.iry 10 r":,lnr\.' tilL' Prodll\.'L' In rror\.'~
"J'..:r:lllll:': ,plldlllllll ;ll1d 1111.: ":,(ll11a!\.'d ...h;Jr~\.', h;'I'I..'li on C.dComp ,0n-1.'JII Service ratcs (hen in effect. It CJIC\lmr 1\ nol ~r;ulh:d pl.mll....'ltlll
III 1..~r!'1nn "1l~11 r~r;lIr' ,II ('1l'1I1111..:r ~ 1.."P1.'ll''':. CllCOlllp J1HIY rennm.uc:.I1I its obligations under this Agrcem..:nt \~ /lh n:'pl:Lt rtl ..tldl Prrx!ll,:h
,
1
\
Scnh..I..' IC411C'h:J 1m IIUJl-CdCIIlI1p rdatcu prohlcm.... I' nOI L:o~crecJ hy (his Agreement and will be billeu ....ep.iriHely OIl CoJlCllll1!)"lhr:n ..:urrent
llrlll.' ;'lnJ m~Ile:f1al rail:,.
TEll \1
fhl, A~II..'l'll1Clll \\ III lx' 1111';111 IllllJ;d 1":111111/ (In.: ~':ilr ;,1Ot! will he aUlo01.ui'::.Illy renewed Ihereafter until ei(her parry give.... Ihlnv I .~II) day' rfl(lr .
\~ 111!....ll 11(l1J\,:~' III ICnllIJl;,lll(ll1. .
J "I\\lL\I'
.{ 'U..lllI1h.:1 'I ill 1',1\ ;dl dl;lI':.:I.... 111](1...'1 Ihl'< \!,:n.:~'l1ll'lll ;lllJ ;lppfil'ahk 1;1.\C.o,; within Ihiny dOl d<lY'\ after thc invoil.:c d;.ih.'. Ir r:.l~ mem h 11tH m;llk
\1 ik'lI .JUl'. ('Il'ltlI11~:r \~ dl ,d..o rd\ ('.ll( "lI1r Ihl.' 1n;1\llllLll11 InI.:rl."'1 ;,lIl(lWl.'U undcr :.\pplu'::.Ihle I:.\w on (he unpilitl bid:'ll1l'~' for '::'.1\:11 d;J~ pil\'llh.:m I"
11I!1 ll.'l.~'I\,:d lllllllllClll.'ll1:: 'Ill I Ill' .tIlt.: d;ll\.'. ;,lllJ/nr lJICOOlr mil~ ,usp.'nd ~tll ,ervl(;C unullhc paymcm.... ;,lfC m:'lde:, alllJ/lll' C.dClIIllp 1l1;l\
!\.'nIJIIU!\.' .liI :1'< (lhll;::1I101]' wllkr rill" \~II.'l'llll'lll. .
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CJ!C"lllp 11."1'1'\1.', lh~ n~tll 10 dl;lr~1." CU'lilll1\.'r Illr Il1l' \.'1)" of in'Jl\.'I,.'lion <lnu necessary 'OCrvice ancJ/m Jllodilk';,UllIll 10 1111.' Pl'oduu.. iI.
1Il111l....dl.l\d~ plllll In I hI..' IIIIII;,IJ Il'nn nl Ihh .\~n.:\"'III~nl. Ihe: Proum.:( was neilhcr on walT:1my ur ,,'overed !'1y :t pn.:\'illu, "cn Il..... .1:.:n':l'llll.'1lI
hl.I\\........f1 (-U'IOI1l\.'r ,lilt! ('.d("lll1Jl, ('~dC"np _d'll n.."cr'\'e.. Ihe flglll (0 cJedinc to pcrfonn ,crvice in;J luc.:aIICllll'Olhi,h.:n.:d h~ CdC,;np III h,:
h;'l/:Jnlllll\ 10 Ih 1""I'lIlIIh:J Ill' lk'lrtl11l..'llI;li II) III\.' rl.'rfOlTI1;'1I1L:l: Ill' the Prouur..:IS.
"
RI.I.()(' \ 11<1\ (IF !'I{()IH (TS
[{,-I, 'l;I(I' III ,'I I'lllJULh h~ ('U'lullk'r \\ III r" .11 II, O\\ln I."."I:/X"no,;l.:. PmcJuL:ls n:1()r..:~.lIt:d oUI."idt: Ill' CUS((ll11cr', imlll.:di;lk' r;tl'dil~ ,lJ'~' 'lJr.!...'\.! :..
1I1"1"'~ IIllll 11\ r..iC, Imp pnor III ,..."lllllPlllll1 "I "l.'n 11.'': 10 ~11'urc lhioll the Proc.hll..ts arc in pn)pcr npcr..uing Cllllditilll1. \ltll1lhl~ ..en 1I.": r;lk.. II....
'lIbl'\.: III .ldlll\lllU:IlI. 'I \\;IlT;ll11\.'d. lh....nendin::: 1111 Ihe ProC.hl\".(',nc\l, Ic..k:alltlll. An)' -.crvi"c !"C4UIn:u 10 pla~\..' th\,,' ProLiUr..:I' 111 pr(ll'...'r ,IPl'!.11111":
1..\llldlllol1 \\ ill hc pru\Jdcd.1l C,d( '"mp', tl1.:n l..urn:uIIIIH,:i1l1 '1.'f\ll'r..: rJh:s.
1.1\111' \rIO\ OF LJ\III1,rn
1\ ",) [\ L'T \\'ILL ,'\LCO\I!' liE LIABLE FOR \\Y SPECIAL. CONSEQUENTIAL. INDIRECT OR I\CIDE'l/TIL I)I\I-\(;ES
I."CLL 1)1.',[; IlL T\U r LI.\IIT[I) TO LUSS UF PRUFITS. EVE:-' IF ADVISED OF THE POSSIBILITY OF stell IH,\ I. I(jES ,
, \n TS," 1'0 !'ROIlI CTS
Ii \\ III hc Ihe rc'ponsibiliry uf Customer to obtain Jny authorizalion Ot.'Cc!'o....ary to gh:e CalComp full acl.C........ III Ihl..' PrudUr..:h. In Ilk' ;,.'\-",nl
l'OlllpUll..'r Ilml.' I") n:qum:d for ....cf\'II.'ing ancJ h:~[il1g [he ProeJUr..:I.!I. it will be ~dc a\'.ulabJe to C-uCump b)' C~tum.:r \~ Ithuu! dl;J.r~l..'.
q IlLI'\ll.l
-\ lll.:f.mll llnd",l IIl" ,\!!rr..:l.'I1I1.'11l 1)I,.'L'ur' II, hl...llon..... 111' rhl." pitnh:, ha~ hn.'Jchcd a provision uf chis Agreement Jnd h:'ls nlll clln.'d 111;J1 hr\.':.!lh II Ilhlll
Ihlrl\ (.~fll da\.. .lllcr ~HI[[l'll Iltllllil';l(JOIl. riJing ;1 petitIOn of t'lill1kruplCY II[ commiumg any act uf banh.ruprl'Y I' .11,11;1 ul.'l:.wll (Iud..:!' rill'<
\!,:rcl'rn":l~l. flllhl.' 1,,'\\.'111 ,11 d~I;'1l1l1 h~ Illll..' piln~. [h1.' ll(h.....r p.tn~ m~~ tcnninalC= this Agreement
If' {;E\ER \1.
Tl1h ,11ll'Ullll..'n! I.ont;un, Ihr..: dllllpkh.' ;md \;''\du.,i\c ;lgrel,.'rnL'ru hcr\I,'l,."t'n the p,anies, Jnd supersedes :.IJI ulhc=r prior, t.:OIll~,"poranl..'uu, (Ir
"Ul"h\.'qUl'llI \\ rHh:J1 or (lr;!! l-ll(11111l1ll11,.';U/llll, hl.."I\\\.'r..:n th..... p:tnl":~ rdaun,g (0 lhl.." subJL'Ct mancr hereof. All moditi"alion, Ill' Ihl..-\!,:r......mI."JH mU,1
I'll..' III \\ rllJl1:; ;lIIl1 "'~lll..'d h~ .J11 .IUI!lllfl/l'd r.....pre.....OIatl\~ of c:.l.....h pilny. :\on)' notice required or permined 10 Ix ~ivr..:n \\ III ~c= III 1\ f11l11~. '\:UIl\.'.."
..il;l!1 hc 'kr;:'lllr..:,j 10 l1J.\C hl.'l'n '..:lh'll \~h1.'n rcr..:l:I\I,.'rJ. Thl' .-\:.:rcl.'llh....nr ....hall he govemterJ by .md construcu in .u.:l'c.lrd:'JnL'~ Wllh fill..' !:IW" 01 ih~'
Sl..i": ,II C.JJHr..IIlIJJ. ..:.\du.!>l\1o: ~J dllllL:~ uIIJ\\'I;J.lUI...:..... AII\- prml.!lion!'o In thioS A!U=menl which arc found [0 tA: proJubH..:U h.~ I.J\\ ,hod 1 bt:
iOl..'J!...'ll!\\.' III (Il\.' ..:\l..:nt 01 "Uf.;1l !'rlllllhlllon ".thour lIl\iLlIc.!:Ulllg !hi: n.'marning rmvi\ions, The parogrJph hC.:.icJillg.. ot thi, .\!;r..:l'mCnl .lrl..' '{'lr
..11l1\,'lll\.'n....I,,' "IlI\ ,wd ,Ir~' ::1 110 '.\>1\ llll":lll.kd to ;lrfr..:l't till,,' nll'i1nm:..: or iOlcrprct:.\lion of anv provi....ion of thi, .-\gn.'(,.'m~m. Bolll I'M11":' . Iii
-. '111('1\.\ ;1!J .lli .:rpil\.,lr.k ! ..:,11.'1':11. -l.ll\.' ;1l1r..1 jlllall~.~~ '. ruk',. rl..'!!UI.JI~lll1:'\ OIno Execuuve Orders.
'-36- /5"'''?
.~!y!
CUSTOMER
-AI4'ENIH-X-*'- .- _h__ -
U.S. MASTER SERVICE TERMS AND CONDmONS
2550 GIn:ia _ue
Mounloin V_. CA ll4043
(415) 960-1300
IAGREEMENT NO.
STREET ADDRESS
CITY
STATE
I ZIP
I
I
PRINCIPAL POINT OF CONTACT
TELEPHONE NO.
The followmg terms and conditions ("Agreement'l shall govern the prOVlSfon of cerm;n maintenance and consulting servteeS provided by Sun Microsystems. I
('Sun" to Customer In the United States 01 Amenca. nc~
I
.
.
1, DEFINITIONS
a "Product" meenslhe Sun hardware or softwlre product 10 be MMced
by Sun.
b. "Software" means the operating system application and utility aottware
dirtteUy supplied by Sun to Customer.
c. "Sill" means Custom"'s domestic facility. including contiguous btJild-
ings witllm I radius of onl han mile. where till Products are 1oc8111d. Sun
shIll mlkl till final _inlUon of what ~ lhe Si1e. which
shall be specified in the Maintenance Contract Acknowledgement
d. "Service PlaA" means a hardware or software maintenance service or
consulting program offered by Sun to its customeq as further set out in
till Service Plan Exhibi1s 11lached hereIo. Service Plens seHIc:1IId by
Customer pursuant to tIlis Agreement shall be set out In lhe Mainte-
nancI Contract Acknowledgemen~ which shall be emended from Uml
10 Ume IS CustDmer purch8see eddi1ioneJ Service P1ens.
I. "ProposeJ" mesns I Profession81 Servicee Sl8tllment of wort<.
2. SERVICE PLAN 0P110NS
a Provided Customer is not then in default, eusmm. may, from time to
Uml. purchese Iddi1ionel ServicI Plans under tills Ag~ Each
Service PIen purchased by Cu_ shall be_ in lhe Service PIen
Exhibrt deoctibing such PIen. which shall be il1COllXn1lld herein by
referencllnd mlde I pert her8ct.ln tile _I of I conftlctb8lweenlhe
terms,"nd condi1ions of tills Agreement end lhe 1IIrms end condJljons
conllmed in Iny Service Plan Exhibit, lhe 1IIrms end condi1ions oIlhe
Service Plan Exhibrt shell control IS to lhe ....,;cee deoctibed _no
b. The Commencement 0IIfe of any Service Plan purchased by~
shall be tile Isler of (Q lhe dele Sun acknowledges _pt of Custom"'s
purch... order for such MMces or. d no ICIalOwIedgomenllsgiYen.lhe
dale specified in till Proposel. or Qij n lhe covered Product is under
w8lT8nty, lhe first btJsiness dlY following expiration oIlhe wenanty.
c. For any additional maintenance Service Plans purchued by Customer.
tile term of such addiUoneJ Service P1lns shall be such IS 10 meJellllern
coterminous with the term at the initia.l SerW:e Plan. ProdUCII acquired
eher lhe date I Service PIen becomes_shall not_tile",""
of such Service PIen. My Service Plan ,... or chargeo _ on an
annulllerm shell be proreted 10 reftecllhe neduced Initl8l term of lhe
addi1ion81 Service PIen.
3. TERM AND TERMINATION
L This Agr-.ent shall commence end become_on end es oflhe
day and dale first set out above (hereinefter lhe "EII8clMt 0IIfe; end
shell be velid for a period of _ (12) months _ un_
extended or term.ne1lld IS proyjded ___
b. Except IS proyjded otI'lerwIs8 in lhe 8PPIic8bIe Service Plan Exhlbrtend
in P8r8graph 2.c above.lhe linn oil Service PIen _I be one y88l' end
shall be renewed IUlDm8l1c:dy lor 8dd_ one (1) y88l' lIrmlI un_
8fther party gives wri1lan noace 10 tile _ 01 ill 1_ nol1o_
It 188Sl sixty (50) days prior1o tile upiratlon _ Flitu..1o _ any
Service Plan shell nO!, In end 01 _. ~ I lInnindon of tIlis
Agreement
c. This Agreement or any meinlon8nce Service PIen ~ hereuncIer
Ind made I pert hereof may be lInninelld by _ party 81 any time
lher till first y88l' 01 tills Ag........ll by giving sixty (60) deys'_
noUce. The foregoing n_'ng. d _ party fells 10 perform ill
obligeUons under tills Agreement or any Service PIen ond such fellure
conUnues tor I period of _ (15) days _ receipt 01_ noIice
tIlereof. till other party shell have tile righlto lInni.-le tills Agreement
or lhe .- Service P1en.
4. ADIltTIONAL PROOUCTS/EUGI8IUTY FOR SERVICE
.. Subject 10 tile conditions 881 out below. C_ may add eddi1iona
Sun produda for maintenance and consutting services under thi~
Agreement end 8PPIiC8ble Service P1ens. A MeJntenlnce or Ssles
0u0te1i0n or al'ropoea/ shell be prepared listing lhe eddi1ioneJ products
which shell lheneupon be -..eel Products under tills Agreement ane
such Service 0u0lllti0n or ProposeJ Shall be daamed 10 emend ane
become part 01 thia Ag....._.l
b. To be ""!lible lor meinlanence MMce under I Service Plan. Products
must bIi In a aldonary, domestic location and must be in an operating
condltion,performing _Ing to Sun's published specitlceUons. and
be 81 Sun s __ current opecifted revision IeYa Un_ I Product has
-. undar wenanty at under I Sun meinuenence contnIct _in
Icrty~ (48) houri 01 lhe oemmencement dele oIlhe 8PPIiceble
Service PI8n. M .".. be subject 10 inopection end approval by Sun
before being eligible tor ......ge. My _ requined 10 _m a
Product 10 ilI_ ~ng condltion or 10 lhe moat current spec._
fted reviIion ....) wtI be pel1onn8d by Sun end Cuolllrtw shell ply
Sun 81 ill.... curlWlt published time end ITI81Ori8/ _ ra1l8s.
c. Un_ _ by Sun. . minimum 01 one disk end media subsystem
supplied by Sun muat be -' 811 SIta Each Sun w.. ......Iiun It a
SIl8 muat '- _ 10 . Sun-su~ied disk end media subsystBm.
- dncIy at by ~ 01. fink uaing II1lII18ce6 supplied by Sun.
L SEIMCElI PROVIIIED
Sun shall ..- tile _ _bed In lhe specified Service P1enes)
pu- by tile Cuolllrtw. end I~ herein by _ce. Parts
repIeced during __ _... proyjded on an exchange basis.
RepIe<:eII*1lI*ll may be MW or recondi1ioned. fun_Iv equiveJent 10
MW. AapIaced parta ~ lhe property 01 Sun. Cuolllrtw Shall be
_lIibIe lor ~ consumeble supplies.
L EXCLUSIONS
.. Sun's obIigaIIon 10 proyIda meintenence _ under tills Agreemenl
end any s.Mce PI8ne purchased by CustDmer Is oontIngent upon
proper - 01 tile Product. Sun shell be under no obIlg8lIon to providl
_under1hlaAgl",_,lshould such _ be requined b8ceuse
01:
L flilure 01 lie I'tllducl due 10 improper use. 8bus8. accident or
Mgtecl;
II. -.age..- durin;~on byCustDmer. including dem-
age ...- by Cuolllrtw's _ 01 _ then Sun shippinn
containera: .
III. ....._.. modlftcatlo".. -..pts 10 repair Product made wrthout
Sun'. --.tortlle~ 8PPIlcatlon 01_ or chemicaJs
10 ProducI or I*lI -.at:
Iv. __10'" Product. Including butnolUmi1lld 10. fellure or
......-.., 01 ~ _ or lnedeq.... cooling;
" -- 01... ProducIIo oquiPR*1l nollUpplied by Sun:
iii. Cuolllrtw'a laIIunt 10 maimain hardware or __ II Sun's speci-
lied ___
My - rwqu T' i by Cuslon-. end requined IS I -.ft of such
-.. or_ _, be charged end paid 81 Sun's .... current
publiahad _and __.-
b. OperatIng auppIaa or __ such IS magnetic _ end Inti-
glare coallngaon video dlspley monitDta are notCOYWed by tills Agree-
ment or any Service Plan.
__1IIrms end.... - . Ill~ IlrIo'll on'" _ heraoI............ pod 01.. Aeo-.-A.
IN WITNESS WHEREOF,lhe perti. '- C8U88d tills Ag~1o be axecul8d byflelrduly IUthorized __,""U_
USTOMER
SUN MICROSYSTEMS, INC,
BY DATE
NAME
mLE -37-
DA
NAME
/5"{,
TITlE
l =':or to contae::r.g ~~n. C;.lsromer snaJl comery WlrtI all Sun SDeclftea
)oeru.t1ng anc :rouDlesnconng procedures. 11 5ucM efforts are unSUC-
.:es5tul. C...stomer snaIl prmptty rrotJfy Sun 01 Product malfunctlon and
pr~vlde Sur: With such ir.formaaon as Sun may reQuest concerning the
r:"Ial1unctron.
b. r"rcuqnout me term 0' thIS Agreement. Cus~omer snail maIntain sit.
:ond::lons wuhln rr.e errVlromental ocerating range specified In wnting
by Sun.
c. Customer snaIl oenOdu:a.ly j:erlorm rhe routine hardware creventat!ve
malnldr.3nce ar.o cleanIng desCfTbed In the manuals SUPplied With rne
Procuct
a. Customer shalf estaolish and mSlMtain a prOCeclure extemal to ttle
Pr'JcucI haroware ~or reconstruction of lost or altered files. data. or
pro.;rams.
8. PRICE AND PAYMENT TERMS
a. C~s!cmer SMall pay tl:le tees and cnarges tor tt1e services described in
the Service Plans Incorporatea herern as E.xOlblts and set out in the
Seulce lJuctatJon. ParDc/oatlOn rn a Service Plan by Customer shall
reQUIre Customer to cay ~or all services available under that Service
Plan. even II Customer eiects not to receive trle benefits at every servIce
0' suen SeNlce Plan. Unless the then current Sun Corgorate Poce ust
scecliies otherwise. all el"larges for the serviCes to be providea under
:1"115 Agreement snail be I"VOICed monthty. In advance. Payment in fuil
snail be made wltt'lln thirty (30) C1a~ of the IrwolC8 date. Jf PrOducts or
Servrce Plans are addea on a day od'ler man tn. first day of the month.
me "rst montnry Dilling snall be prorated.
b. Sur: may, at its sole discretion. immediatefy terminate this Agreement or
any Service Pl3n or temporarily suspend its _ performance under this
Agreement in me event Customer is delinquent in the payment at any
invorce from Sun tor a periOd in excess of fifteen (15) days after receipt 0'
nOtice 0' delinquency.
e. Sun may mOdify other $Ucl"l elements (incJuding without limitation both
iees dnd meals upon whlcn software. dOcumencalion and/ or ottler
items are provldeal of the service agreement at any lime upon SIxty (60)
days pnor written notice 10 Customer. provided however, tnis modifica4
t.on shall not take effect until the expiration of the ttlen current Service
Plan term.
d. Travel ctlarge5 will be charged to and payabfe by Customer for atl
servIces under any ServIce Plan If Customer's Site Ismore than fifty (SO)
miles tram Ine ClOSest Sun service office otrenng the SItI'VtC8 or consult-
Ing program selected by CuSIOm..
e. Any service performed outside the scope of a SeMce Pfan purchased
by Customer shall be charged. and Customer sI'la.1I pay. at Sun's then
cu"ent. QubhSl'led rates for labor. travet and matItriafa.
All tees and charges are exCluSJve of all saJeL use and excise taxes and
custom duties. Custome~ stlaJl payor reimburse Sun tor aU such taxes.
9. MOVEMENT OF EQUIPMENT
a. Proaucts movea by Customer to a location 0'Iher than the originaJly
des;gnaLed Sile stlajl connnue to be servtced under the applicable Plan
provlaea thai the new Site IS wtthin fifty (SO) mates of a Sun service attic.
orfeflng me ServIce or COnSUlting program selected by Customer. Sun
may alter tn. type and scheaule of servIce provided to Product that has
been rl!locatea. Customer shad gIVe Sun at leaSt tnirty (30) Clays wnu.n
nOtice sceclfylng !:"Ie new site pnor to any rnovernn of PrOduct. and
Sun snaJI advise Cuslomer" the site to whlCt1 the Product is 10 be moved
13 'Nlthln a Sun servIce are. and. if it i, not. the additional COSIS of
provIding S8I'VIce to ttle Product at the new ,.,
b. I, reQuestea by Customer. Sun may. al itS 0lllI0n. supervise the move-
ment ot PrOduct CUStemet'ShalI PIIY for SUch UIistInce atSun's tl'Ien
currenr cubliShed time and ~ rates.
.. 'I atter non-Sun suoervised retocation. Sun delllrminea that the Prod-
-4C::SI rS not In gooo operaUng condition as required hereunder. Custom..
er snail be charged. and Shall ~ lor all labor IIld _ reqUired f<l
ola:e the ProducU.1 in Ilf'OI* """",ting condtllon. Cllarg... shall be
comcuted at Sun., then current puD'ished time and ma18f"IaIs rates.
1 O. DISCLAIMEFI OF WARRANTIES
Soare carts sucplied by Sun under a Service Plan are WIl1'aI'1'ted to be free
from detects In materrals and wor1cmansnip for a period of ninety (90) days
from the date of snicment to Customer or. in the case of spares installed by
Sun. Irom date of installation. The media on wnich software is SUPp4ied snaJI
be tree tram defects rn matenaJ and workmansl'1ip und. normal use for a
perroa of ninety (90) days from da. of delivery.
SUN SHAll. PERFORM All. WORK HEREUNDEFI IN A GOOD AND
WORKMANUKE MANNER. UNLESS OTHERWISE PROVIDED IN A SER-
VICE PLAN. SUN .HEREBY DISCLAlMS. AND CUSTOMER HEREBY
WAIVES. ANY AND All. OTHER Wl.RRANTlES. WHETHER EXPRESS.
IMPUED OR STATUTORY. INCLUDING All. IMPUED \'oII\RRANTlES OF
MERCHANTABIUTY AND FITNESS FOR A PARTlCtJLAR PURPOSE.
11. UMITATlON OF UABIUTY J c!'"
SUN'S UABIUTY TO CUSTOMER FOR DAMAGES FROM ANY CAUSE /</ "7-
WHATSOEVER AND REGARDLESS OF THE FeR'" OF AC7l0N. &,
WHETHER IN CONTRACT OR TORT. SHAll. BE UMITEl TO THE PUR.
CHASE PRICE OF THE SPEC:FIC PRODUCT BElNG SERVICED. OR IN - 3 8 g.
_ _' =~(i SU,'~ IS ~CO'':IC:~JG CC iSL'LTING SE.:;VlCES. iO THE :=::5
"- -........- .....\ .,.0:. _- __..-."" ..Jc....,.,\".C,;) cc.;.'l\"l. rn...."'.(,.,E,U 61'.
SUN TO Cl..iS'TOMER AT TliE TIME TliE DAMAGE OCClJRAED. SUi
SHAlL NOT IE UAaE FOR OAMAGES RESULTING FROM LOSS (
OAT.\, PROFITS, USE OF PROO\JCTS. OR FOR I>H'f INClOENTAI., I I
-LlIRECtOR CONSCOUemAL DAMAGES iN CONNECTION \\fTH TH~
AGREEMENT OR IN'( SERVICE PLAN OR THE SERVICES OR MATE.
_ ~L.S f'!lOVIDED HEREUNDER. THE FOREGOING SHALL NOT UMJT
SUN'S UABlUTY FOR ANY DAMAGE. LOSS OR EXPENSEStJFFERED E i
A THIRD PAFrrY AND ARISING OUT OF THE PERFORMANCE OF SEI ,
- VICES UNDEfl lltS. AGREEMENT. NO AGREEMENT VARYING Ok
EXTENDING THE FOREGOING WARRANTIES. REMEDIES OR THIS UM-
ITA TlON OF UA8IUTYWlLl. BE BINDING UPON SUN UNLESS THE SAM- .
JS EXPRESSLY CONTAINED IN WRITING AND SIGNED BY AN OFFICE '
OF SUN. I
12. FORCE MAJEURE
If the performance of this Agreement. or any obligation hereunder is pre-
vented or delayed by reason otfire. flood.ear1tlquaice.aetsofGoc. war: no.
civil commotion. act(s) of government or other causes beyond tne contrOl C
lI1e aItected potty,1I1e -- party, upon giving prompt notJce to the ot!".'
potty. shall be excused from such perlonnance to 1I1e extent ot .uch ce'
provided however, 1I1e elIected party lakes all reasonable srep. to ave
remove the cauae of such delay and shall resume performance as scor
ptBC1Ical. Tl1e time far perlormance .hall be extended lor a penod eQua, "
1I1e duration at1l1e llXCUSllIlle delay.
13. PROPRIETARY RIGHTS
CuIIomer agreee that the documentation and material pertaining to the
PnxluCII.1I1e MIViceo. and 1I1e producl at such serv'ces prOVided to Cus-
. -. hereunder _.. _ Sun and Customer. tho property of Sun
Proprietary lnbmdon es the18chnlcal and business information cf a oarty
_blngor_101I1eproduC13orservicesofSUcllpartyano ' ....
ldentifted,u~ '!f "Confidential" Dr earn... a SImilar la.. .1
orally dlIciOMd, i.ldentifled, at 1I1e time 01 diocJosure. to be Prop,""ry
InfDrmation -I&. wi1I1l!!.1I1Ir1y (30) days thereafter. reduced to a wnting ano
mar1c8d .. .._"'y. Sun eckr!owledges 1Iia.1 ~ may. in the COurse of
~~ 1J1~~be exposed to 1I1e Proprietary Inlormation of
.,. .~:. "'>'1:"1 ''0111' ...... .
e.ch potty _1IIlII~1haIl notdiocJose 1I1e Proprietary Inlonnation of 1I1e
OCher to any un party nor. UN it tor Its own purpose. except as pemllttea
~ Each pany IhaIllimlldlacJosuro 0I111e P,ropnetary Information of the
_10 __~ willl. need 10 know. _or potty shall be liable
lor ~'''''''''..or _ DI tile Proprietary Inlormation __ from 1I1e o"'er
whk:h: . . .' "'y. ~r -
& ..~. -- ~ ~ Ihe receMng party at the time of disclosure or.
b. beco..,,-icnown <<_ '" 1I1e receMng PlIrtl< W1ti1OUl_clion.
from. IOWCrI oeher than ItIe dlsdoSing party wttnout Vlota1ion of thrs
Ao-.-...ar: ~~.: -
.c. Ia<< _,1M l*iOi Iii puo,lc domain W1ti1oUl violation oIthi. Agree-
~ar: ...'~ .;~~i:~ . :l~ f.
do ia 11..1>.. L _I by" dIIdoIing party to ~ without restriction.
.l:.ch potty "..., _ ......;...i... ale minimum. a reasonablo degree 01
CIW 10 praIocIlle "'_ ~ In1onnation 01 !he _. but In no ......", les.
than 1I1e_degree Dlcare which ~USIIS to Protecti!! own information ot
IimlIar i.......loo_ Tl1e .-,,;ng potty shall prompUy notify !he o1I1er. ,n
WIiting, 01 wry mioappropriatIo mo.u.... or i_ disclosures. by "'e
_.ing ~ any oIltalflllllOyeu. O9ems or~ 0I1I1e Propne-
Ir( I,*,,- Tl1e aIIIga1Ion8 and dUll... set for1Il hereunder shall con-
...... far . period at ... (5) ~ from 111. lllCeitll 01 the Propnetary
llI,b,"~,. . ----"'~tt'UAgreenent. .
14. GENERAL . :-:. -- .
.. 'Ill. ~ Ita _ments and included Service Plan Exhib,ts.
_1I1e<<lo...... _ent belween 1I1e partes W1ti1 respect to
1I1e sulljeot _ ~ and .upersed... all o1I1er undemanding.
- wriIIiIn<< ora _ may only be modltled in wnting. signed by
bolIll*1l& . ~
b. The _ of any br-" or default under lI1is AgntMlent shall not
-.. - atlllfy su!laequenl breacn or deIauIL
c. ~.., nat ~ 1I1iI Ag'-l _ "'" pnor wntten
-- 01 Sun. Sun _1I1e righllO UIign 1I1is Agreenem or any
SeMce Planor.'" 1Ullooo.1ra<:I.1I1e work III be.... Iuomed under any .ucn
SeMce Plan. .... . .
d. Sun ~ ~ ;.;..:.. nible noac.. inspect CUSIDmer records and/or
""'"-"1O.....11cenaing and service _em adherence.
.. 'IlIlo Agl_._,t_ be _od by "'" laws 01 the s-. of Californ,a
(~......-- "'... body of law con1nlIIng contIlC13 of law). Any
suit bnlugIlI henIundIr sIlaII be broug/ll in !he lederal courts of "'e
Nonhem 0IalrtcI DI c.IiIoml&. And Cuslomer hereby subm.1S to ihe
--jl.~,.- .
l Any nolIc:erequirwd1ObegiYen hereundors/lall be in wntinq and _tID
. potty e1111e__ lalDU1_ and ShaM be deemed 0.0_ five
(5) dayI- depooit In 1I1e U.s. mails. propef1y addressed and postage
prepaid. or by sucIl _ me1I1ocl reasonably guaran_ to asuro
dej~ A potty may change lis address tor 1110 PUfllOSO "ereof upon
tnirty (30) dIyw pnor_
This Ag,"fl6..11s binding upon and inures to the benefit 0' the parnes
and their respedtye successors ana OBrmlrted assigns.
I
,.
I
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':,{. '
, ,
, . APPENDIX L
SITE LICENSE AGREEMENT
-,
199--, by a"d between
AGREEMENT made this day of
HUMMINGBIRD COMMUNICATIONS LTD. ("Vendor")
and
("Customer")
,In consideration of the license fee paid by Customer 10 Vendor and of the mutual covenants and
,conditions set forth herein the parties agree as follows:
,Vendor provides these programs and their documenlltion, both of which are prOleCLed under applicable
copyrights laws. The Customer's right to use lhe programs and the documentation is limited to the tenns
and conditions described below.
4.
.'.1,;,:
.. "j ."
'5.
1.
License: Vendor hereby grants to the Customer a non-transferable and non-exclusive paid up
license (the "License") to make up to the number of copies of the computer program(s) (Ibe
"Licensed Programs ") and ISsociated documentation listed in Exhibit A to this Agreemenl.
2.
End User License: The Customer will not distribute copies of tbe Licensed Programs witbout a
copy of the End User Software License (enclosed), or some other form agreed to in writing by
Vendor and Customer.
3.
Distribution and InsJallaJion: The Customer shall be exclusively responsible for duplicating,
installing and rendering operable the Licensed Programs. The Customer agrees to maintain a
record for each master copy furnished, conllining the dale, time, serial number assigned, indi-
vidual pcrfonning the duplication, and individual receiving the copy, for eacb ,'opy produ,'cd.
These records must be rellined for IS long as the Licensed PrograllLi remain in use, and must be
made available for inspcction by Vendor or its authorized representatives upon demand. The
Customer may not use, copy, modify or transfer the Licensed Programs in whole or in part,
exceptlS expressly provided in this License. Should the Customer tran.,fer possession of any
copy or modification except IS provided in this License, this License is automatically
tenninaled. '
"
'Term: This license remains effective until temunated_ The Customer can tenninate it at any
other time by destroying the Licensed Programs together with all copies of the Licensed
Program in any fonn in the Customer's possession. This license will also automatically
temunate without notice iC the Customer fails to comply with any term or ,'ondition of this
AgreemenL Upon any tennination the Customer must return or destroy all copies of tbe
Licensed Programs in any form in the Customer's possession, IS directed by the Vendor.
.
", Limited Wanunty, Discu.imer and Limitation of LilJbiJjty. Vendor warrants the media, on
which the Licensed Programs are provided, to be free from defecls in materials and
workmanship for ninety (90) days after delivery. ' Defective media may be returned for
replacement without charge during the 9O-da y warranty period, unless the media has been
damaged by accident or misuse_ Vendor wamnts, Cor ninety (90) days after purchase, that tbe
unaltered Licensed Programs eooCorm to the documentation and are without material defects.
, Due to the complex 'nature of computer software, Vendor does not wamntthat the Licensed
Program; are complclely enor-free, will operate without interruption or are compatible with all
.... .
-39-
/~" ?tl
TermiNltion: In addition to tbe reasons Cor lennination given in paragraphs 3 ami 4, iC
Customer Cails to perform or observe any covenant, condition or agreement to be perfomled or
." ".to'l.
observed by it bereunder, lbe License is automatically tenninalcd. Vendor, at ils sole option,
". may provide wrillen 'notification oC tbe tennination, but is not required to do so under Ihe lerms
. oC this Agreement for the tennination to be effective. In Ihe evenl oC terminalion of the Lice..,e
Cor any reasoD, and in addition to any otber righls or remedies available to Vendor, Customer
sball promptly destroy or return to Vendor, as directed by Vendor, tbe original and all copies in
, tbe Customer's possession. in wbole or in part, in any Coml, including partial copies or
1;0, " ,'" modifications, of tbe Licenscd prognlllS; and within two (2) weeks after any sucb lennination
.~,- the Customer shall certiCy in writing to Vendor.tbat it has done so Ibrough ils best efforts and to
'" .. . tbe best oC ils knowledge.
-:'.';'!
'.:1 ~.~.. ~:;
9..
10.
,- '
. -. ~
equipment and software configura lions. Do not use tbe Licensed Programs in any case. wbere
significant damage or injury to persons, property or business may bappen iC an error occurs. The
Customer expressly assumes all risk Cor such use. Repair, replacement or refund (at the oplion
of Vendor) is the exclu'sivc remedy if Ihere is I defect. Vendor makes no olher warrautics,
expressed or implied, with respect 10 lbe Licensed Progran.., their mercbantability, or their
filness for any particular purpose. In no event will Vendor be liable for indirect or consequential
damages. including, wilhout limitalions, loss of income, use, or information, nor sball the
liabiJity of Vendor exceed the amount paid for the Licensed Progr3l1lS. For personal, family or
household use of the Licensed Programs, some states/provinces do not alJow the exclusion or
limilalion of incidental or consequential damages or limitations on bow long an implied
warranty lasts, so tbe above lim.ifation or exclusion may not apply to tbe Customer. Any ~uit or
olber legal aclion relating in any way 10 lhis Agreemenl or lo lhe LicCIL<;CcJ ProgfllllL'i llIusl be
officially filed or officially commenced no later than one (I) year after the Licensed Programs
arc purcbased by tbe Customer. Some states/provinces do not allow limitations on bow long an
implied warranty lasls, or the exclusion or limitation oC incidental or consequenlial damages, so
lhe above limitations and exclusions may not apply to Ihe Cuslomer. These warranlies give lhe
Cuslomer specific legal. rights, and tbe Customer may also bave olber rigbls wbicb vary from
slate to state or province to province.
6.
Supporl: Vendor will provide live (5) day, 9:00 I.m. to 7:00 p.m. Easlcrn SI,mJard Timc
telepbone support for Ihe Licensed Programs to tbe Cuslomer during the Support Period.
Vendor may require tbat support calls be routed througb designated Customer personncl. The
Support Period is the three (3) montbs following the receipt oC this package.
7.
Annual Maintenance Agreement: Upon payment oC the Annual Maintenance Fcc by Customer
to Vendor, Vendor agrees to provide:
i) Automatic shipment of announced new release levels of software during lhe
period covered by tbe Maintenance Agreement.
ii) Unlimited telephone support extended to Custolller frolll tbe hours of 'I:(X) ..11I.
to 7:00 p.m. Easlcrn Standard Time, Monday to Friday.
8.
Taxes: Any federal, state, provincial or local excise, sales, use or otber laxes (except laxes
based on Vendor's net income) impose'; in respect of tbe License granted bereunder or otberwise
arising out oC tbis Agreement shall be paid by tbe Customer. In tbe event tbat Vendor is
required to pay any sucb tax, Customer sball promptly reimburse Vendor for tbe same.
"
'\
"
General Tenns: The License sban not be assigned or transferred witbouttbe written pcmtission
, oC Vendor. The validity, construction and perfonnancc of Ibis Agreement is governed by tbe
laws oC tbe Province of Ontario, Canada. Suit or arbitration wilb respect 10 tbis Agreement may
-40-
I~ '} I
,
I
j
f
.
I
,
[
..
be brought only in Ontario. If Customer has any questions concerning this Agreement, lhe
Customer may contact Vendor at the following address:
Hummingbird Communicalions Lid.
2900 John Slreet, Unil4
Markham, Ontario L3R SG3
The Cuslomer acknowledges that he has n:ad tbis Agn:ement, understands it and agrees 10 l>e
bound by its terms and conditions. The Cuslomer further agrees that il is the complele and
exclusive statement of the Agreement between the Customer and Vendor and supersedes any
earlier proposal or prior arrangement, whether orar or wnUcn. and any other COIllJllulucalions
between Cuslomer and Vendor n:lative to the subject maUer of this Agreement.
Vendor:
Name:
Title:
Signature:
Date:
Customer:
Name:
Title:
Signature:
Date:
Site License Administrator:
. . .1,
Shipping Addn:ss:
Telephone:
Fax:
HUMMJNGBJRD COMMUNICATIONS LTD.
-4 1- 1.5'?~
.
!
i
Original
SITE LICENSE AGREEMENT
. or Seals
I
Addltionl
Seals
I
f
Da~
Da~
, or Seats
ANNUAL MAINTENANCE AGREEMENT
Orlg1nal
AddltioDal
Seats
Errecllve
Dale
Errective
Da~
. or Seals:
. or Seals:
Uceosed Programs
Ucen,ed J'rulo;nUDJ
AJaintenallce
."ee
Mainlenance
ree
-42-
1.5--73
EXHllllT A
License ."ee
l.lcC'lIse ."l"C
nellewlllllllle
RenewIII Dille
I
.
~ I Environmental Systems Research Institute, Inc.
~ ~ 380 New York Street
II Redlands, CA 92373
~ ~~ (909) 793-2853
t
!
APPENDIX M
,
,
I
1993 Rent-a-Tech PROFESSIONAL RATE SCHEDULE
I
Outlined below is an ESRI rate schedule for the Rent-a- Tech program. Services will be contracted
on a time-and-materials basis. Hourly labor rates have been provided for each labor category for
calendar year 1993. The hourly labor rates for services that are contracted after 1993 will be
escalated by the rate of 7.5 percent for each calendar year that follows. Other direct costs, such as
computer, travel, reproduction, subcontractor, telecommunication/freight, and/or materials, will be
burdened and invoiced.
Senior Consultant/Manager
Hourly Rate: $125.00
Lead staff for database and project design. This may include review of needs and existing data,
design of ARCIINFO layers and coding structures, design and development of data dictionary,
design of quality assurance programs, and identification of mapping and automation methods.
These staff also identify tasks, schedule, and resource requirements for implementation planning.
Consultant/Manager
Hourly Rate: $95.00
These staff support Senior Consultant on an as-needed basis during database/project design and
documentation. .
Senior Applications Programmer
Hourly Rate: $120.00
Design and write user interfaces and application programs for model and product development
Work with project managers in final physical design and development of database creation
procedures. Review existing digital data/systems and develop methods for interfacing with
ARC/INFO.
Applications Programmer-Specialist
Hourly Rate: $95.00
Supervise the technical specialists and data processors in carrying out the technical aspects of
database development using procedures designed by Consultants and Senior Applications
Programmer.
Technical Specialist
Hourly Rate: $80.00
Oversee technical aspects of database development using procedures designed by the Applications
Programmers. These staff are very proficient in production procedures for data entry, editing, and
building final data files (libraries).
A92-S27 I II AHR
-43-
/5"'7'1
4/16193
I
I
I
I
I
.
...... Environmental Systems Research Institute, Inc.
'--of '--of 380 New York Street
:J:J Redlands, CA 92373
~ (909) 793.2853
APPENDIX N
Licensed Configuration
Base CPU and CPlJ Operatinl! System
MakeIModel:
Serial #:
Media Type Required:
Operating System:
AOSNS UNIX ULTRIX
Other (Specify)
(Circle One)
VMS
CD-ROM
DA T Tape (HP only)
OS Version
Site (End User) Technical Contact Name:
Telephone:
Installation Address:
Licensed Software
Floating Mamtenance/ Node Locked Maintenance/
License User Support (3-Pak) User Support
Software Licensed (Quantity) Pri. Sec. (Quantitv) Pri. Sec.
ARClINFO
ARCIINFO NElWORK
ARClINFO TIN
ARCIINFO COGO
ARClINFO GRID
A92-S27111 AHR
-44-
15'" 7..5
4/16193
iiiU}:J Environmental Systems Research Instiblte, Inc.
.....J 380 New York Street
::J::J Redlands. CA 92373
~ (909) 793-2853
APPENDIX 0
Registered Client Information
Ship Original Software To:
Client Name:
Primary Contact:
Mailing Address:
r
I
Telephone No.:
Fax No.:
Bill To:
Address:
Note: This will be assumed to be a
taxable transaction unless the
following documentation is provided
upon execution of this license:
1. Direct Pay Certification
No. and a copy of the
applicable state documentation, or
2. A copy of your Tax Exemption
Certificate.
Address:
Peripherals Currently Used as Part of
GIS System (check only if used):
Manufacturer Plotter Printer Di~tizer
CalComp D D D
Tektronix 0 0
Raster Graphics D
Versatec D
Other 0 0 0
Client's Contract Administrator's
Name:
Address:
Telephone No.:
Fax No.:
A92-S27111 AHR
4/16/93
-45-
/$',?d,
COUNCIL AGENDA STATEMENT
B
Item~
Meeting Date 4/27/93
Resolution I? (/'~ Re-approving the Final Map and Subdivision
Improvement Agreement and authorizing the Mayor to sign the map and execute said
agreement for Chula Vista Tract 93-01, Rancho Del Rey Commercial Center East
Resolution I ?09 7 Re-approving Supplemental Subdivision Improvement
Agreement to satisfy conditions of approval S, T, U and V of Chula Vista Tract No.
93-01 and authorizing the Mayor to execute same
Director of Public wor~
City Manager j& bJ t.:~11 (4/5ths Vote: Yes_No X )
ITEM TITLE: /J.
SUBMITTED BY:
REVIEWED BY:
On March 2, 1993, by Resolution No. 17014, Council approved the Final Map and Subdivision
Improvement Agreement for Chula Vista Tracts 92-05 and 93-01. The maps were approved with the
required municipal code provision (18.16.100) that bonds (security) would be provided within 60 days or
the approval would automatically be voided. The bonds have been provided for CVT 92-05 but not for
CVT 93-01. The developer has requested an extension of time to provide the bonds for CVT 93-01. This
can be accomplished by approving the Final Map and associated agreements again under the same 60 day
provision as previously approved.
RECOMMENDATION: That Council approve the resolutions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The original approval for CVT 93-01 provided for bonds to be submitted within 60 days of the map
approval. The bonds are being provided by Price Company at close of escrow. That escrow has been tied
to a validation action requested by the Price Company. That action has taken longer than expected and
consequently the escrow will not close prior to the expiration of the 60 day time limit. Section 18.16.100
states "Failure to comply with this provision will automatically void Council approval of the final map and
the final map must be resubmitted to the Council."
M- NOT SCANNED
As indicated in the request by Rancho Del Rey (see Exhibit A), the close of escrow is scheduled to occur
on May 6, 1993. The 60 day deadline occurs on May 2, 1993. Consequently, the map and associated
documents must be approved again. This extension has been approved by Price Club and McMillin. Staff
is continuing to process the grading, improvement, and building plans to have Price Club open later this
year.
The previous agenda item is attached for reference. NOT SCANNED
FISCAL IMPACT: Not applicable.
WPC F:\HOMEIENGINEERIAGENDA\FMRDRCOM.CfR
012193
I~-J
COUNCIL AGENDA STATEMENT
ITEM TITLE:
M....., ;:;; ~3
Resolution 1,0 I 2 Revising Tentative Map Condition of
Approval E of Chula Vista Tract No. 92-05 and Condition of Approval I.I
of Chula Vista Trac; No. 93-01 (Resolution 16900)
Resolution ,., 0 I '3 Approving the Final Map and Subdivision
Improvement Agreement and authorizing the Mayor to sign the map and
execute said agreement for Chula Vista Tract 92-05, Rancho del Rey
Commercial Center West
Resolution I" 0 , LI Approving the Final Map and Subdivision
Improvement Agreement and Authorizing the Mayor to sign the map and
execute said agreement for Chula Vista Tract 93-01, Rancho del Rey
Commercial Center East
Resolution 1,0 I 5' Approving Supplemental Subdivision
Improvement Agreements to satisfy conditions of approval M, N, 0 and
P of Chula Vista Tract No. 92-05 and conditions of approval S, T, U and
V of Chula Vista Tract No. 93-01 and authorizing the Mayor to execute
same
Resolution \, 0 llo Authorizing the Mayor to execute deeds
quitclaiming any title interest in properties to be owned by the other
parties signing the maps after recordation of said maps
SUBMITTED BY: Director of Public works#-/f)I/
REVIEWED BY: City Manager
(4/5ths Vote: Yes_NoD
On November II, 1992, by Resolution No. 16900, the City Council approved the Tentative
Subdivision Maps for Chula Vista Tracts 92-05 and 93-01, Rancho del Rey Commercial Center
west and east, respectively. The final maps and associated agreements for both subdivisions are
now before Council for approval.
RECOMMENDATION: That Council adopt the resolutions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Condition of Approval E for Chula Vista Tract No. 92-05 and Condition of Approval I.1 for
Chula Vista Tract No. 93-01 state as follows.
/~.3
Page 2, Item
Meeting Date 3/1.193
q
q
"Guarantee and construct the following offsite street improvements:
East "H" StreetlPaseo del Rey: Add second northbound exclusive
left turn lane, add northbound exclusive right turn lane, add
westbound exclusive right turn lane, add second southbound
exclusive left turn lane, add second southbound through lane, and
add one eastbound exclusive right turn lane. Retaining wall shall
be incorporated into the design of improvements that require
roadway widening.
Obtain and dedicate all offsite right-of-way necessary for said
improvements. "
The retaining walls were originally required to retain the quality of the habitat in Rice Canyon.
During preparation of the grading plans for that intersection, the developer proposed to regrade
(fill) the manufactured slopes to accommodate the widening as an alternative to installing a
retaining wall. A survey conducted by Recon environmental consultants on February 22, 1993
(see Exhibit E) concludes that the impacts associated with regrading the slopes can be mitigated
by replanting with native vegetation which in turn would improve the biological quality of the
area. If a retaining wall is used, most of the existing non-native vegetation (eucalyptus, acacia)
will remain. The study states that the eucalyptus plantings would create an increasingly adverse
effect on the native vegetation of Rice Canyon.
Staff agrees with the findings of the study and recommends that the requirement to incorporate
retaining walls be deleted. Condition of Approval E (Chula Vista Tract No. 92-05) and 1.1
(Chula Vista Tract No. 93-01) are proposed to be modified as follows.
"Guarantee and construct the following offsite street improvements:
East "H" StreetlPaseo del Rey: Add second northbound exclusive
left turn lane, add northbound exclusive right turn lane, add
westbound exclusive right turn lane, add second southbound
exclusive left turn lane, add second southbound through lane, and
add one eastbound exclusive right turn lane. The improvements,
associated grading and landscaping shall be to the satisfaction of
the City Engineer and City Landscape Architect.
Obtain and dedicate all offsite right-of-way necessary for said
improvements. "
In addition, the following two items as recommended in memo from Diane Richardson,
Environmental Projects Manager, dated February 24, 1993 (see Attachment 1) have been
incorporated in the grading and landscaping and irrigation plans for the East "H" Street and
Paseo del Rey widening project.
I/' -'(
Page 3, Item q
Meeting Date 3/Z193
9
1) The disturbance at the toe of the slope at the East "H" StreetlPaseo del
Rey intersection shall be not greater than 10 feel, or to the concrete brow
ditch. No disturbance beyond the grading shown along East "H" Street
across from Avila Way will be allowed.
2) Graded slopes and disturbed areas must be revegetated with native species
only. Plant types must be approved by the consulting biologist
The Final Map for Chula Vista Tract No. 92-05 - Rancho del Rey Commercial Center West has
been reviewed by the Public Works Department and found in substantial conformance with the
approved tentative map. Chula Vista Tract 92-05 consists of one commercial lot and one open
space lot (see Exhibit A). Approval of the Final Map constitutes acceptance of Lot E for use as
open space, public utilities and other public uses and acceptance of easements for drainage, sewer
and access purposes within the subdivision. Also, by approving this map the City is granting a
private drainage easement to Lot 1 across open space Lot E (see Exhibit B). Pursuant to Section
66499.20Yl of the Subdivision Map Act, approval of this map also constitutes the abandonment
of those portions of Plaza COUI1 and all public easements not shown on the Map.
The final map for Chula Vista Tract 93-01, Rancho del Rey Commercial Center East has been
also reviewed by the Public Works Department and found in substantial conformance with the
tentative map. This development consists of 7 commercial lots and 5 open space lots (see
Exhibit C). Approval of the Final Map constitutes acceptance of Lots V, W, X, Y and Z for
open space, public utilities and other public uses and acceptance of easements for sewer, general
utilities, and other public uses and acceptance of easements for sewer, general utilities, access
and irrigation purposes as shown on subject map (see Exhibit D). Pursuant to Section 66499.20Yl
of the Subdivision Map Act, approval of this map also constitutes the abandonment of those
pOI1ions of Tierra del Rey, Paseo del Rey and all public easements not shown on the map.
Approval of these maps will also approve the boundary adjustment between McMillin properties
and open space lots owned by the City. These open space lots are shown on the maps. Council,
by authorizing the Mayor to sign the maps, will be confonning to the Municipal Code and the
Subdivision Map Act which require the signature on the map of all parties owning record title
interest in the land subdivided.
To complete the boundary adjustment, the City and the developer will have to execute and record
deeds quitclaiming any title interest in properties to be owned by the other parties signing the
map. We are herein requesting authorization for the Mayor to sign those documents on behalf
of the City. The quitclaim deeds are necessary to clear the title of the lots to be retained by the
developer since the City is signing the map as an owner.
The developer has executed and submitted to the City supplemental subdivision agreements to
comply with conditions of approval M; N, 0 and P of Chula Vista Tract No. 92-05 Tentative
Map and conditions of approval S, T, U and V of Chula Vista Tract No. 93-01 Tentative Map
(Resolution 16900).
/~~
Page 4, Item q
Meeting Date 3/1./93
q
Conditions M (Chula Vista Tract 92-05) and S (Chula Vista Tract 93-01) require the developer
to hold the City hmnless from any liability due to erosion, siltation or increased flow.
Condition N (Chula Vista Tract 92-05) and Condition V (Chula Vista Tract 93-01) requires the
developer to agree that the City has the right to withhold building permits while development
thresholds are deficient.
Condition 0 (Chula Vista Tract No. 92-05) and T (Chula Vista Tract No. 93-01) requires the
developer to defend, indemnify and hold harmless the City from any action against any approval
of the City with regard to this subdivision.
Condition P (Chula Vista Tract j'.;o. 92-05 \ and Condition U (Chula Vista Tract No. 93-01)
requires the developer to insure equal oppoLJnity to all franchised cable television companies.
Staff has reviewed said agreements and has found them adequate and ready for acceptance by
Council. The developer has also executed the corresponding subdivision improvement
agreements for the two developments. The developer has requested that the City approve the
Final Map prior to submittal of security instruments (bonds) in accordance with Section
18.16.100 of the Municipal Code. This section provides for the bonds to be filed within 60 days
from the date Council approves the final map. The map would not be released for recording until
the bonds are sub!' ed. This provisio;' . .\ bee~ requested to allow close of escrow at the same
time as the bonds J. . provided since K,:..i:.. Hc';ne Depot and Price Club will be supplying the
bonds. In the event the 60 day time frame is exceeded, the approval will automatically be
voided.
FISCAL IMPACT: Not applicable.
jtTIEY.363; EY.367
Wp(' F:\bomt"l:DgioeeNgeodavdrfnl-2.map
I~'t,
"\
( \)
~
,
'J
SCALE:
I" = 600'
1M
TftACT 92-05
LOT ,
RANCHO
COMMERCIAL
TRACT
.
5
PlAZ. C
REY
o
10 !),
122 7
LOTI
r
r.sr
STREET
....
DEL REY
CENTER EAST
93-01
OI'EN
SPACE
LOTZ
LOT
LOT 3
""'" IP.aE
LOT X
EXHIBIT
, A'
8 HEY
5
. 10
MAP 122 7
. 0 8
~ 7 11 " ,. ~
~ .. 22 i5
"
.~ ^- 1<' /
EAST 'H' STREET
SCALE:
," = 600'
RANCHO
COMMERCIAL
TRACT
1M
"'-
,
-t
LOT 1
~
,
DEL REY
CENTER WEST
92-05
EXHIBIT
'B'
RESOLUTION NO.
I?()'~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RE-APPROVING THE FINAL MAP AND
SUBDIVISION IMPROVEMENT AGREEMENT AND
AUTHORIZING THE MAYOR TO SIGN THE MAP AND
EXECUTE SAID AGREEMENT FOR CHULA VISTA TRACT
93-01, RANCHO DEL REY COMMERCIAL CENTER EAST
Council
Agreement
WHEREAS, on March 2, 1993, by Resolution
approved the Final Map and Subdivision
for Chula vista Tracts 92-05 and 93-01; and
No. 17014,
Improvement
WHEREAS, the maps were approved with the required
municipal code provision (18.16.100) that bonds (security) would be
provided within 60 days or the approval would automatically be
voided; and
WHEREAS, the bonds have been provided for CVT 92-05 but
not for CVT 93-01; and
WHEREAS, the developer has requested an extension of time
to provide the bonds for CVT 93-01 which can be accomplished by
approving the Final Map and associated agreements again under the
same 60 day provision as previously approved.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby re-approve the Final Map and
Subdivision Improvement Agreement for Chula vista Tract 93-01,
Rancho Del Rey Commercial Center East, a copy of which is on file
in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and dir cted to xecute said Final
Map and Agreement for and on behalf 0 he cit f Chula vista.
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
Presented by
F:\home\attomey\FMRDRCOM.CTR
/~~"I 1'11-2
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
City OF CHULA VISTA
276 Fourth Avenue
Chula vista, Ca. 91910
No transfer tax is due as this is a conveyance to a public
agency of less than a fee interest for which no cash
consideration has been paid or received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
RANCHO DEL REY
CHULA VISTA TRACT 93-01
THIS AGREEMENT, made and entered into this '1~ ~:/-
~~ aay ef 199Jr , by and among THE CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City", RANCHO DEL
REY PARTNERSHIP, a California general partnership (the
"Partnership"), RDR BUSINESS CENTER, LTD., a California limited
partnership (the "Business Center"), EQUITABLE DEED COMPANY, a
California corporation ("EQUITABLE"), HOMEFED BANK ("HomeFed") ,
a Federal Savings Bank, and THE PRICE COMPANY, ("Price
Company"), a California corporation'. The partnership and the
Business Center are hereinafter jointly referred to as
"Subdivider";
H .i T H .E ~ ~,J< :.r H :
WHEREAS, Subdivider is about to present to the City
Council of the city of Chula Vista for approval and
recordation, a final subdivision map of a proposed SUbdivision,
to be known as Chula vista Tract 93-01 ("CVT-93-01") pursuant
to the provisions of the Subdivision Map Act of the state of
California, and in compliance with the provisions of Title 18
of the Chula vista Municipal Code relating to the filing,
approval and recordation of subdivision maps; and,
WHEREAS, the Code provides that before said map is
finally approved by the Council of the City of Chula Vista,
SUbdivider must have either installed and completed all of the
public improvements and/or land development work required by
the Code to be installed in subdivisions before final maps of
subdivisions are approved by the Council for purpose of
recording in the Office of the county Recorder of San Diego
County, or, as an alternative thereto, Subdivider shall enter
into an agreement with City, secured by an approved improvement
S\A013417N.NAI
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~e~uL~tj to insure the performance of said work pursuant to the
requirements of Title 18 of the Chula vista Municipal Code,
agreeing to install and complete, free of liens at Subdivider's
own expense, all of the public improvements and/or land
development work required in said subdivision within a definite
period of time prescribed by said Council; and
WHEREAS, the Code provides that the required
improvement security can be provided to City within sixty (60)
calendar days after the date this Agreement is approved by the
city council; and
WHEREAS, Subdivider is willing in consideration of
the approval and recordation of said map by the Council, to
enter into this agreement wherein it is provided that
Subdivider will install and complete, at Subdivider's own
expense, all the public improvement work required by City in
connection with the proposed subdivision and will deliver to
City improvement securities as approved by the City Attorney;
and
WHEREAS, a tentative map of said subdivision has
heretofore been approved, subject to certain requirements and
conditions, as contained in Resolution No. 16900, approved on
the 24th day of November, 1992 ("Tentative Map Resolution");
and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public
improvement work and required grading and drainage plans have
been prepared and submitted to the City Engineer, as shown on
Drawings Nos. 93-24 through 93-33 (Work Order Number EY-367)
and Drawing Nos. 93-13 through 93-23 (Work Order Number PG-
459) respectively on file in the office of the City Engineer;
and
WHEREAS, an estimate of the cost of constructing said
public improvements according to said plans and specifications
has been submitted and approved by the City in the amount of
$1,291,000.00; and
WHEREAS, all of the property comprising CVT 93-01 is
currently o~led by either the Partnershi~ or the Business
Center and the Partnership and the Business Center agree for
purposes of this agreement to be jointly and severally bound by
this agreement and except as expressly provided otherwise
herein, to individually and jointly perform all obligations of
Subdivider pursuant to this agreement; and
WHEREAS, Equitable and HomeFed are lienholders with a
security interest in the real property which comprises CVT 93-
01; and
S\A01341711.HAI
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WHEREAS, the Subdivider and Price Company have
entered into a purchase agreement (the "Purchase Agreement")
dated , which Purchase Agreement provides for the
conveyance of Parcel 3 of CVT 93-01 from Subdivider to Price
Company and further obligates Price company to provide on
Subdivider's behalf the improvement security required by this
agreement; and
WHEREAS, City, the Partnership, the Business Center
and the Price company have entered into the Rancho Del Rey
commercial Center Public Facilities Financing and
Implementation Agreement (the "Implementation Agreement") which
was approved by the City Council on January 19, 1993; and
WHEREAS, the Implementation Agreement provides, among
other things, that provided certain Conditions to Effectiveness
(the "Conditions") (all capitalized terms are defined as
defined in the Implementation Agreement) are complied with (i)
City will acquire certain "specified Street Improvements" from
the Business Center and the Partnership for $835,000.00; (ii)
The Price company will lend $1,892,000.00 to City for City's
use to acquire certain Specified" Public Improvements; and,
(iii) City shall acquire the Specified Public Improvements from
the Partnership and the Business Center for $1,892,000.00: and
WHEREAS, a portion of the Specified Public
Improvements are required improvements to be installed within
CVT 93-01; and
WHEREAS, the parties agree that for purposes of this
agreement the value of the Specified Public Improvements to be
completed within CVT 93-01 is $1,324,400.00.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED
AS FOLLOWS:
1. Subdivider, for itself and its successors in
interest, an obligation the burden of which encumbers "and runs
with the land, agrees to comply with all of the terms,
conditions and requirements of the Tentative Map Resolution; to
do and perform or cause to be done and performed, at its own
expense, without cost to City, in a good and workmanlike
manner, under the direction and to the satisfaction and
approval of the City Engineer, all of the public improvement
and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"): and will
furnish the necessary materials therefor, all in strict
conformity and in accordance with the plans and specifications,
which documents have heretofore been filed in the Office of the
City Engineer and by this reference are incorporated herein and
made a part hereof.
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2. It is expressly understood and agreed that all
monuments have been or will be installed within thirty (30)
days after the completion and acceptance of the Improvement
Work, and that Subdivider has installed or will install
temporary street name signs if permanent street name signs have
not been installed.
3. It is expressly understood and agreed that
Subdivider will cause all necessary materials to be furnished
and all Improvement Work required under the provisions of this
contract to be done on or before the anniversary date of
Council approval of this Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will
perform said Improvement Work as set forth hereinabove, or that
portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to
the issuance of any certificate of clearance for utility
connections for said buildings or structures in said
subdivision, and such certificate shall not be issued until the
city Engineer has certified in writing the completion of said
public improvements or the portion thereof serving said
building or structures approved by the city; provided, however,
that the improvement security shall not be required to cover
the provisions of this paragraph.
5. It is expressly understood and agreed to by
Subdivider that, in the performance of said Improvement Work,
Subdivider will conform to and abide by all of the provisions
of the ordinances of the city of Chula Vista, and the laws of
the State of California applicable to said work.
6. Subdivider further agrees to furnish and deliver
to the City of Chula Vista, within sixty (60) calendar days
after the date this Agreement is approved by the City Council,
an approved improvement security from a sufficient surety,
whose sufficiency has been approved by the City in the sum of
ONE HUNDRED EIGHTY-FOUR THOUSAND, FIVE HUNDRED DOLLARS
($184,500.00) which security shall guarantee the faithful
performance of this contract by Subdivider and which security
shall be attached hereto, marked Exhibit "A" and made a part
hereof.
7. Subdivider further agrees to furnish and deliver
to the city of Chula vista within sixty (60) calendar days
after the date this Agreement is approved by the city Council,
an approved improvement security from a sufficient surety,
whose sufficiency has been approved by the City in the sum of
ONE HUNDRED EIGHTY-FOUR THOUSAND, FIVE HUNDRED DOLLARS
($184,500.00) to secure the payment of material and labor in
connection with the installation of said public improvements,
which security shall be attached hereto, marked Exhibit "B" and
S\A013417H.NAI
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made a part hereof and the bond amounts as contained in Exhibit
"B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver
to the city of Chula Vista, within sixty (60) calendar days
after the date this Agreement is approved by the City Council,
an approved improvement security from a sufficient surety,
whose sufficiency has been approved by the City in the sum of
FIVE THOUSAND DOLLARS ($5,000.00) to secure the installation of
monuments, which security shall be attached hereto, marked
Exhibit "C" and made a part hereof.
9. Subdivider further agrees that, in the event
that all of the Conditions to Effectiveness of the
Implementation Agreement and any additional conditions to the
disbursement by City of the Purchase Price for the specified
Street Improvements have not been complied with or waived
within sixty (60) calendar days after the date this agreement
is approved by the City Council, Subdivider shall furnish to
the City of Chula Vista, within said sixty (60) calendar days,
an approved improvement security from a sufficient surety,
whose sUfficiency has been approved by City in the sum of Eight
Hundred Thirty-Five Thousand Dollars ($835,000.00) to secure
the payment of material and labor in connection with the
installation of the Specified Street Improvements. The
improvement security referenced in this section 9 shall be
adequate to secure construction of the "East H Street"
improvements which are a condition of both CVT 92-05 and
CVT 93-01. If required, such security shall be attached
hereto, marked Exhibit "0" and made a part hereof. Upon
fulfillment of the condition precedent to the City's obligation
to purchase the Specified Street Improvements, Subdivider shall
have no obligation to provide improvement security for the
Specified street Improvements.
10. Subdivider further agrees that in the event that
all of the Conditions to Effectiveness of the Implementation
Agreement and any additional conditions to the disbursement by
City of the Purchase Price for the Specified Public
Improvements have not been complied with or waived within sixty
(60) calendar days after the date this agreement is approved by
the City Council, Subdivider shall furnish the city of Chula
vista within said sixty (60) calendar days, an approved
improvement security from a sufficient surety, whose
sufficiency has been approved by City in the sum of ONE MILLION
THREE HUNDRED TWENTY-FOUR HUNDRED DOLLARS ($1,324,400.00) to
secure the payment of material and labor in connection with
installation of that portion of the Specified Public
Improvements to be installed within CVT 93-01. If required,
such security silall be attached hereto, marked Exhibit '''E'' and
made a part hereof. Upon fulfillment of the conditions
precedent to the city's obligation to purchase the Specified
Public Improvements, Subdivider shall have no obligation
S\A013417N.NAI
030493
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pursuant to the Agreement to provide improvement security for
the specified Public Improvements.
11. For purposes of this Agreement, City agrees and
acknowledges that the Required Improvement Security for CVT 93-
01 may be posted by either Subdivider or by Price Company as
Subdivider's successor-in-interest to Parcel 3 of CVT 93-01.
12. It is further agreed that if the Improvement
Work is not completed within the time agreed herein, the sums
provided by said improvement securities may be used by City for
the completion of the Improvement Work within said subdivision.
13. It is further agreed that if the Improvement
Work is not completed within the time agreed herein, the sums
provided by said improvement securities may be used by City for
the completion of the Improvement Work within said subdivision
in accordance with such specifications herein contained or
referred, or at the option of the city, as are approved by the
City Council at the time of engaging the work to be performed.
Upon certification of completion by the City Engineer and
acceptance of said work by City, and after certification by the
Director of Finance that all costs hereof are fully paid, the
whole amount, or any part thereof not required for payment
thereof, may be released to Subdivider or its successors in
interest, pursuant to the terms of the improvement security.
Subdivider agrees to pay to the City any difference between the
total costs incurred to perform the work, including design and
administration of construction (including a reasonable
allocation of overhead), and any proceeds from the improvement
security.
14. It is also expressly agreed and understood by
the parties hereto that in no case will the City of Chula
Vista, or any department, board or officer thereof, be liable
for any portion of the costs and expenses of the work
aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any
materials furnished therefor, except to the limits established
by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the
provisions of Title 18 of the Chula vista Municipal Code.
15. It is further understood and agreed by
Subdivider that any engineering costs (including plan checking,
inspection, materials furnished and other incidental expenses)
incurred by City in connection with the approval of the
Improvement Work plans and installation of Improvement Work
hereinabove provided for, and the cost of street signs and
street trees as required by City and approved by the City
Engineer shall be paid by SUbdivider, and that Subdivider shall
deposit, prior to recordation of the Final Map, with City a sum
of money sufficient to cover said cost.
S\A013417N.NAI
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16. It is understood and agreed that until such time
as all Improvement Work is fully completed and accepted by
City, Subdivider will be responsible for the care, maintenance
of, and any damage to, the streets, alleys, easements, water
and sewer lines within the proposed sUbdivision. It is further
understood and agreed that Subdivider shall guarantee all
public improvements for a period of one year from date of final
acceptance and correct any and all defects or deficiencies
arising during said period as a result of the acts or omission
of Subdivider, its agents or employees in the performance of
this agreement, and that upon acceptance of the work by City,
Subdivider shall grant to City, by appropriate conveyance, the
public improvements constructed pursuant to this agreement;
provided, however, that said acceptance shall not constitute a
waiver of defects by City as set forth hereinabove.
17. It is understood and agreed that City, as
indemnitee, or any officer or employee thereof, shall not be
liable for any injury to person or property occasioned by
reason of the acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its
officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort,
because of or arising out of acts or omissions of Subdivider,
its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement
security shall not be required to cover the provisions of this
paragraph. Such indemnification arid agreement to hold harmless
shall extend to damages to adjacent or downstream properties or
the taking of property from owners of such adjacent or
downstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It
shall also extend to damages resulting from diversion of
waters, change in the volume of flow, modification of the
velocity of the water, erosion or siltation, or the
modification of the point of discharge as the result of the
construction and maintenance of dra~nage systems. The approval
of plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for
such damage or taking, nor shall City, by said approval, be an
insurer or surety for the construction of the subdivision
pursuant to said approved improvement plans. The provisions of
this paragraph shall become effective upon the execution of
this agreement and shall remain in full force and effect for
ten (10) years following the acceptance by the City of the
improvements.
18. Subdivider agrees to defend, indemnify, and hold
harmless the City or its agents, officers, and employees from
any claim, action, or proceeding against the city or its
agents, officers, or employees to attack, set aside, void, 'or
S\A013417N.HAI
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a~~ul, 3~ approval of the City, advisory agency, appeal board,
or legislative body concerning a subdivision, which action is
brought within the time period provided for in section 66499.37
of the Government Code of the State of California.
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed the day and year first
hereinabove set forth.
THE City OF CHULA VISTA
Mayor of the
City of Chula vista
ATTEST
City Clerk
APPROVED AS TO FORM
Bruce M. Boogaard
City Attorney
Marcia Scully
Special Counsel to City .
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S\A013417N.NAI
030493
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SUBDIVIDER:
"Developer"
RANCHO DEL REY PARTNERSHIP, a
California general partnership
By: McMILLIN COMMUNITIES, INC.,
a California corporation
General Partner
ByL~
By"" ~ ,:~ A .-4
By: HOME CAPITAL CORPORATION, a
California corporation,
General Partner
By ~4t'df?,"~4J' t/:p ;P'/rlt
BYOO,~ Q-+~
RDR BUSINESS CENTER, LTD., a
California limited partnership
By: McMILLIN COMMERCIAL
INDUSTRIAL
DEVELOPMENT, INC., a
California corporation,
a General Partner
BY:~,.j~
Its: €:.-X;. /. jJ.
.
By: ~I -<" fmu-
Its: y: f,
S\A013417N.NAI
030893
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By: McMILLIN COMMUNITIES, INC.,
a California corporation,
a General Partner
By:
,~~~
~_ V. P.
Its:
By:
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Its: V /-'
By: McMILLIN DEVELOPMENT, INC.,
a California corporation,
aBy~..n.~.~\, ~ '
=7~ ~~
Its: / r
By: 9~ :I-/L-~'
-z/ jJ.
Its:
S\A013417N.NAI
030493
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EQUITABLE DEED COMPANY, a
California corporation
By:
Its:
By:
Its:
On July 6, 1992, The Resolution Trust Corporation
("RTC") was appointed receive of Old HomeFed by the Office of
Thrift Supervision ("OTS") pursuant to Order No. 92-299 and a
new institution was formed which received substantially all of
the assets but not all of the liabilities of Old ~omeFed.
HomeFed Bank, F.A. is the institution which received the assets
of Old HomeFed, including the beneficial interests under the
Loan Documents. On July 6, 1992, RTC was appointed Conservator
of Lender by the OTS pursuant to Order No. 92-299.
RESOLUTION TRUST CORPORATION
AS CONSERVATOR FOR
HOMEFED BANK, F.A.
B/~c;6t~, ,-:0
Name: I-IJ..i., L i!c.J;,....~
I
T tl /t, - ./ SJ1 - . J / - .....
i e: L.."~LJJ ~ E~/r>__.~~
~
S\A013417N.NAI
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THE PRICE COMPANY,
a California corporation
By:
Its:
By:
Its:
(Attach Notary Acknowledgment)
S\A013417N.NAI
031693
-12-
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STATE OF CALIFORNIA
COUNTY OF 011 t /) 10 1\
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)
)
CAPACITY
SICNER
CLAIKED
BY
INDIVIDUAL (5)
before me,
CORPOilATE OFFICER(S)
6f'n'CY V p- , \J P
/
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TITLE
~ personally known to me or
o proved to me on the basis of
satisfactory evidence to be the
person(s) whose name(s) is/are
subscribed to the within instrument
and acknowledged to me that he/she/
they executed the same in his/her/
their authorized capacity(ies), and
that by his/her/their signature(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
PARTh"IR($)
AnOiL\fn-IN-FAct
TRUST:EE(S)
St1lSCiUBING
WITNESS
CUAlDlAN/CONSERVATOR
OTEER:
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I. i"".lL .", ,1.,-_
NOTARY~tJ:!3LIC
SIGNER IS REPRESENTING;
(Name o! Person ar
[nt-lty,
ttnrw 0 J.{i tzJ tllrf.
WITNESS my hand and official
seal.
1992 Na~lonalNotaryAssoclat.lon.
Canola Park. CA
OFFICIAL SEAL
Marianne Griffith
NOTARY PUBLIC CALlFOR~..:.A
SAN DIEGO COUNTY
My Comm Expires A"g ~8, 1995
THIS CERTIrICAT!HUSr BE ATIACEEDIO
TEE DOCUHi:5'IDESCRIBEDBELOW:
Title or TJ?fi of Docvment:
ftumocr 0% TalC"
Oat.. of Doc-~nt.
S1&n.r(s)~..b.ar lnarl ,..am_OADDV.:
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ACKNOWLEDGMENTS
STATE OF CALIFORNIA
COUNTY OF..4., v ...o-Lc~t:'-"
/
On ::J,,z",/,, ~ /?f73 , before me,
~t1~ ,
notary pub c, personall~ppe~d
$..../t6ZtL. ...J:zU'-7T",c~~ /~ ~v:
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personally known to me or
proved to me on the basis of
satisfactory evidence to be the
person(s) whose name(s) is/are
subscribed to the within instrument
and acknowledged to me that he/she/
they executed the same in his/her/
their authorized capacity(ies), and
that by his/sGr/their signature (s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official
seal.
?""~ ,:t. ~
? / /NOTARY PUBLIC
1992 NationalNotaryAssociation.
CanosaPark, CA
~~_'_":"'_ ----.:1
OFFrC:AL ;;EAL I
JOYCE A BROCK
Noay~
SAN DIEGO courm ...
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M'J ~m. E;.}~. f'(.:=:-. :. " 1",.. .~
--....-.::-"'. ............-'""".
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SIGNER
CLAIMED
BY
INDIVIDUALeS)
,/ CORPORATE OFFICER(S)
~. Y ~ r/
/
TITLE
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
SUBSCRIBING
WITNESS
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
(Name of Parson or
Entity)
:f;~ ~ t/.//Z'//UN~</.
THIS CERTIFlCATBroST BE ATTACHEDTO
TRE DOCUMENTDESCRIBEDBELOW:
~1P' of .Docume
r 0 .....
Oat. of Documen
Silnar(.)Otb.r ove:
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STATE OF CALIFORNIA
COUNTY OF~/" >..6'~r
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On ~~W-.{ f /'7':;3
((. ,
ngtary ~i . ersona}11Y a~p. e9-red
&?ufL ": ~~ ~"-- ~ 1UvU-- -,-t::u..-/,
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Cd personally known to me or
[] proved to me on the basis of
satisfactory evidence to be the
person(s) whose name(s) i~/are
subscribed to the within instrument
and acknowledged to me that he/shc/
they executed the same in his/her/
their authorized capacity(ies), and
that by his/her/their signature(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official
seal.
. tt. ~<-
~~ARY PUBLIC
1992 Nat.lonalNotaryAssociatlon,
CanolaPark, CA
..>C...... .~""".=.::.-.~
O~F!C:;~ ~~[Al :1
JOYCE A BROCK I
NolBly Pub!i<>Calilomla
. SAN DIEGO COUNTY
My Comm. Ellll. 1.'"". :11, ,~~
~cr~...:;'JI'
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CAPACITY
SIGNER.
CLAlKED
BY
INDIVIDUAL(S)
CORPORATE
flu",. !. .;l
OFFICER(S)
JI/J
TITLE
PARTNER(S)
ATTORNEY-1N-FACT
TRUSTEE(S)
SUBSCRIBING
WITNESS
CUARDIANfCONSERVATOR
OTHER :
SIGNER IS REPRESENTING:
(Name of Person or
Entity)
~~~U<-~
v-~~.d'. ~.&.L>~,d
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THIS CER.TIFICATIMUST BE ATTACHED TO
THE OOCUMEHTDESCRIBEDBELOW:
o ~yp. of Doc\IIH :
um r e.
Oat-. of DocU;CDen
Sl&nar(a)Other
STATE OF CALIFORNIA )
COUNTY OF ~'- 4,. j~ l
;/
On fu-u/v ~ /f'f'3 , before me,
~I[~
~ytary publr~, person~llY a~red
~ ,<.?t-s ~- ~ <:7~:-?;': v. ;/';r>L'/ ~c:~
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Q persona'ily known to me or
o
proved to me on the basis of
satisfactory evidence to be the
person(s) whose name(s) is/are
subscribed to the within instrument
and acknowledged to me that hc/shc/
they executed the same in ~is/hcr/
their authorized capacity(ies), and
that by his/s9r/their signature(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official
seal.
r t{.kz
~ NOTARY PUBLIC
1992 Nat1onalNotaryAssoc:iation,
Canos_Park, CA
~;::a:
OFFICIAL SEAL
JOYCE A BROCK
~~~
My Comm. Exp. Mar. 31, 1899
/~/f-/r
CAPACITY
SIGNER
CLAIHED
BY
INDIVIDUALeS)
CORPORATE OFFICER(S)
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-
TITLE
PAIlTNER(S)
ArTOIUfEY-IN-FACT
TRUSTEE{S)
SUBSCRIBING
WITNESS
GUARDIAN/CONSERVATOR
OtHER:
SICNER IS REPRESENTING:
(Name of Person or
Entity)
t?::~.dm~~-
THIS CERTIFICATB1UST BE ATTACBEOTO
THE DOCUHENTDESCRIBEDBELOW:
T 1 0 ,Typf- of. Doc~t: .
um era _._
Oat. of Doc:umen
S1aner(a)Other
L<e--
STATE OF CALIFORNIA
COUNTY OF ~ - .x:Yy
2-d: ~ /9'0/'3 , before me,
On
pe:;son~lly
"cd. .CL-
eared
~~
/
~ personally known to me or
o proved to me on the basis of
satisfactory evidence to be the
person(s) whose name(s) i~/are
subscribed to the within instrument
and acknowledged to me that he/she/
they executed the same in his/her/
their authorized capacity(ies), and
that by his/he~/their signature(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official
seal.
J,,-<~ 4'.~'/
j/ yrOTARY PUBLIC.
1992 NationalHotaryAu:oclation,
CanasaPark, CA
OFFICIAl SEAL
JOYCE A BROCK
Nol8ly "'.." CalIomIa
SAN DIEGO COUNTY
..~
r
.. .... ...., Conm. EJql. Mar. 31, 1993
/~ ,.1--; i
CAPACITY
SIGNER
CLAIMED
BY
INDIVIDUAL(S)
~TE OFFICER(S)
rfJ grfY
TITLE
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
SUBSCRIBING
WITNESS
CUARDIAN/CONSERVATOR
OTHER ,
SIGNER IS REPRESENTING:
(Name of Person or
EnUty)
~~~-jr~
TBIS CERTIFICATIMUST IE ATTACHED TO
THE DOCUKE1fTOESCR.IBEDBELOW:
11 . or Ty.pe qf OocUlMn :
ro a
Date of DOCUlMn
Slenere.)Odwr
- -
aIDe v.;
STATE OF CALIFORNIA
)
)
)
COUNTY OF ~...."'- 1); ~ 0
On ~r',1 7. ('it'(::>, ge~ofe me,
_I\fL"'~ '0. S~
notar~public,personally appeared
Yh.-.\lp~, (T\orr.~
~ personally known to me or
o proved to me on the basis of
satisfactory evidence to be the
person(s) whose name(s) is/are
subscribed to the within instrument
and acknowledged to me that he/she/
they executed the same in his/her/
their authorized capacity(ies), and
that by his/her/their signature(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument..
WITNESS my hand and official
seal.
:;;hv._...~ U~
NOTARY PUBLIC;
1992 NationalNotaryA..ociatlon,
Canoe.Park. CA
~. '.'_:. '. OfFICIAL SEAL
l -'. SHERR IE D. SCHOTT
;... - ~ NOTARY PUBLIC. CAUFORNII\
, - PRINCIPAL OfFICE IN
SAN DIEGO COUNTY
...' MyCotMliss.o.;.EIP.~ober26, 199.~
I~~ '~b
CAPACITY
SIGNER
CLAIMED
BY
INDIVIDUAL(S)
CORPORAtE
OFFICER(S)
C.r~6,~ 'S,?eC-\c...\"-::'+
TITLE
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
SUBSCRIBING
WITNESS
GUARDIAN/CONSERVATOR
OTllER ,
SIGNER IS REPRESENTING;
(Ham. of Person or
Entity)
~IL
'C' Q t.o"'5(>ru~r
~
IHIS CERTIFICATIHUST BE ATTACHEDTO
THE DOCUKENTDESCRIBEDBELOW:
Titloor Typo of Document, '!;3'&jO' ......
.,".~i-" r~v. '(""'-'0-..-'\
utII ero a...
Dat. of Documen -
511 res) her
D" \
STATE OF CALIFORNIA
)
)
)
COUNTY OF
On
, before me,
notary public, personally appeared
o personally kno....n to me or
o proved to me on the basis of
satisfactory evidence to be the
person(s) ....hose name(s) is/are
subscribed to the ....ithin instrument
and ackno....ledged to me that he/she/
they executed the same in his/her/
their authorized capacity(ies), and
that by his/her/their signature(s)
on the instrument the person(s) or
the entity upon behalf of ....hich the
person(s) acted, executed the
instrument.
WITNESS my hand and official
seal.
NOTARY PUBLIC
1992 NatlonalNot:aryAssoeiatlon,
Canas.Park.. CA
/~~ ,.) I
CAPACITY
SIGNER
CLAIMED
BY
INDIVIDUAL(S)
CORPORAtE
OFFICER(S)
TITLE
PARtNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
SUBSCRIBING
WITNESS
GUARDIAlf/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
(Name of Person or
Ent1'ty)
THIS CERTIFlCATJHUST BE ATTACBEDTO
THE OOCUKElITDESCRIBEDBELOW:
Title or Type of Doc...nt:
nUlDoerO;t .rAS..
Date of Documen't:
Sianer(a)Other .Lnannamea.ADove:
STATE OF CALIFORNIA
)
)
)
COUNTY OF
On
, before me,
notary public, personally appeared
o personally known to me or
o proved to me on the basis of
satisfactory evidence to be the
person(s) whose name(s) is/are
subscribed to the within instrument
and acknowledged to me that he/she/
they executed the same in his/her/
their authorized capacity(ies), and
that by his/her/their signature(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official
seal.
NOTARY PUBLIC
1992 NatlonalNotaryAssoclat!on,
Canol_Park, CA
I~r;-~~
CAPACITY
SIGNER
CLAIMED
BY
INDIVIDUAL (S)
CORPORATE
OFFICER(S)
TITLE
PARTNEReS)
ATTORNEY-1N-FACT
TRUSTEE(S)
SUBSCRIBING
WITNESS
GUARDIAN I CONSERVATOR
OTHER. :
SICNER IS REPRESENTING:
(N_ of Person or
Entity)
THIS CERTIPICAnMUST BE ATTACBEDtO
THE DOCUMEHTDESCRIBEDlELOW:
Tid.or Type of Document:
1'IUDlDcrOJ;: r&I..
Data of Doeumen~
Sllner(s)Other ..nann_GADOV.:
STATE OF CALIFORNIA
COUNTY OF
On
, before me,
notary public, personally appeared
o personally known to me or
o proved to me on the basis of
satisfactory evidence to be the
person(s) whose name(s) is/are
subscribed to the within instrument
and acknowledged to me that he/she/
they executed the same in his/her/
their authorized capacity(ies), and
that by his/her/their signature(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official
seal.
NOTARY PUBLIC
1992 NationalNotaryAssoclatlon,
C~olaPark, CA
/t/Jr'zJ
CAPACITY
SIGNER
CLAIMED
BY
INDIVIDUAL(S)
CORPORATE
OFFICER(S)
TITLE
PAIlTNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
SUBSCRIBING
WITNESS
GUARDIAN/CONSERVATOR
OTHER.:
SIGNER IS REPRESENTING:
(N.... of Person or
Entity)
THIS CERTIFICATIHUST BE ATTACBEDTO
THE DOCUIlEIITDESCIllIEDBELOW,
Tiel.or Type of Doc\Dllnt:
ftUlDO.ro~ ,.....
Oat. of Doc\Dllnr.
SllnerCs)Oeber Ulanft&IDIIGAoove:
Exhibit "A"
LIST OF EXHIBITS
Improvement Security - Faithful Performance
Form:
Amount: $184,500.00
/ 'n~ ';,). i
Exhibit "B"
Improvement Security - Material and Labor:
Form:
Amount: $184,500.00
//,/9 ,.;5'
~
Exhibit "e"
Improvement Security - Monuments:
Form:
Amount: $5,000.00
/~/1-.:l~
RESOLUTION NO.
17/J1:J?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RE-APPROVING SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT TO SATISFY
CONDITIONS OF APPROVAL S, T, U AND V OF CHULA
VISTA TRACT NO. 93-01 AND AUTHORIZE THE MAYOR
TO EXECUTE SAME
Council
Agreement
WHEREAS, on March 2, 1993, by Resolution
approved the Final Map and Subdivision
for Chula vista Tracts 92-05 and 93-01; and
No. 17014,
Improvement
WHEREAS, the maps were approved with the required
municipal code provision (18.16.100) that bonds (security) would be
provided within 60 days or the approval would automatically be
voided; and
WHEREAS, the bonds have been provided for CVT 92-05 but
not for CVT 93-01; and
WHEREAS, the developer has requested an extension of time
to provide the bonds for CVT 93-01 which can be accomplished by
approving the Final Map and associated agreements again under the
same 60 day provision as previously approved.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby re-approve Supplemental
Subdivision Improvement Agreement to satisfy conditions of approval
S, T. U and V of Chula vista Tract No. 93-01, Rancho Del Rey
Commercial Center East, a copy of which is on file in the office of
the city Clerk.
BE
Chula vista
Supplemental
vista.
IT FURTHER RESOLVED that the Mayor of the city of
is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula
Presented by
It
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
F:\home\attomey\FMRDRCOM.CfR
/~[J-/ /11,8-2.
Recording Requested By:
CITY CLERK
CITY OF CHULA VISTA
WHEN RECORDED RETURN TO:
City of Chula vista
276 Fourth Avenue
Chula Vista, California 91910
Attention: City Attorney
SUPPLEMENTAL SUBDIVISION AGREEMENT
CHULA VISTA TRACT 93-01
RANCHO DEL REY COMMERCIAL CENTER - PRICE CLUB
THIS SUPPLEMENTAL SUBDIVISJON AGREEMENT (the
"Agreement") is entered into this q - day of ~ ,1993
by and among the CITY OF CHULA VISTA, a municipal corporation-
having charter powers ("city"), RANCHO DEL REY PARTNERSHIP, a
California general partnership (the "Partnership") and RDR .
BUSINESS CENTER, LTD., a California limited partnership (the
"Business Center"). For purposes of this Agreement, the
Partnership and the Business Center are j,ointly referred to
herein as the "Owner".
1. RECITALS
This Agreement is made with reference to the
following recital of facts, which recital constitutes a part of
this Agreement:
1.1 This Agreement concerns and affects certain real
property located in the City of Chula Vista, California
and more particularly described in the "Description of the
Property" attached hereto and incorporated herein by this
reference as Exhibit No.1 (the "Property"). All of the
Property is currently owned by either the Partnership or
The Business Center. The partnership and The Business
Center agree for purposes of this Agreement to be jointly
and severally bound by this Agreement and to individually
and jointly perform all obligations of the Owner pursuant
to this Agreement.
1.2
Property.
OWNER is the owner and developer of the
S\A013416S.NAI
021993
-1- ;"8'3
1.3 Owner has applied for tentative approval to
subdivide the Property and is planning to transfer the
Property to commercial and retail developers for the
construction of commercial and retail uses including but
not limited to major retail facilities of 100,000 square
feet or larger.
1.4 City, by city council Resolution No. 16900,
adopted on November 24, 1992 has granted a Tentative
Subdivision Map commonly referred to as CVT-93-0l (the
"Tentative Subdivision Map") for the subdivision of the
Property subject to certain conditions set forth in
Resolution 16900 including the following:
1.4.1 condition S which provides: that Owner
shall enter into a Supplemental Subdivision Agreement
to hold the City harmless from any liability for
erosion, siltation, or increased flow of drainage
resulting from this project.
1.4.2 Condition T which provides that Owner
shall enter .into a Supplemental Subdivision Agreement
to defend, indemnify, and hold harmless the City, and
its agents, officers, and employees from any claims,
action or proceeding against the City or its agents,
officers or employees, to attack, set aside, void or
annual any approval by the City, including approvals
by its Planning Commission, city Council, or any
approval by its agents, officers, or employees with
regard to this subdivision, on the condition that
city shall promptly notify the subdivider of any
claim, action or proceeding and on the further
condition that the city fully cooperates in the
defense.
1.4.3 Condition U which provides that Owner
shall enter into a Supplemental Subdivision Agreement
to insure that all franchised cable television
companies have an equal opportunity to place conduit
to and provide cable television service for each lot
within the subdivision. However, Owner shall
restrict access to the conduit to only those
franchise cable television company(ies) who are and
remain in compliance with all of the terms and
conditions of the franchise and which are in further
compliance with all other rules, regulations,
ordinances and procedures regulating and affecting
the operation of cable television companies as same
may have been, or may from time to time, be issued by
the city of Chula vista. Said agree~ent shall be
approved by the City Attorney of city prior to final
map approval.
S\A013416S.NAI
021993
-2-
//,/3' i
1.4.4 Condition V which provides that Owner
shall enter into a Supplemental Subdivision Agreement
to authorize the City to withhold building permits
for any unit in the SUbject subdivision, or other
property within Rancho del Rey SPA III, as may be
agreed to by the city and Owner, if anyone of the
following occur:
(1) Regional development threshold limits set
by the East Chula vista Transportation
Phasing Plan have been reached.
(2) Traffic volumes, levels of service, public
service, public utilities and/or services
exceed the adopted City threshold
standards.
(3) All public facilities required by the
compiled RDR PFFP as amended by the
commercial Center Amendment herewith
approved or as required by the City
Engineer to meet threshold standards
adopted by the City of Chula Vista, have
not been completed or constructed to the
satisfaction of the City.
(4) If on-going transportation studies (the
final HNTB SR-125 Financial study, the
update to the East Chula vista
Transportation Phasing Plan, and the
Revised Development Forecast) as adopted by
the City, indicate that there is
insufficient capacity in the system for all
currently approved and anticipated
development projects. (These studies are
anticipated to be completed by February,
1993.)
1.5 City, Owner and THE PRICE COMPANY ("Retailer")
have entered into a Public Facilities Financing and
Implementation Agreement (the "Implementation Agreement")
as approved by the City Council of City by Resolution No.
16942 adopted on January 19, 1993.
1.6. The Implementation Agreement provides for the
payment of DIF fees by the Price Company.
S\A013416S.NAI
021993
-3-
I~$~
2. Aareement Applicable to Subseauent Owners.
2.1 Aareement Bindina Upon Successors. Except as to
the provisions of Paragraphs 4 and 6 below entitled
Condition T - "Subdivision Map Indemnity" and Condition V
"Transportation Phasing Plan", respectively, this
Agreement shall be binding upon and inure to the benefit
of the successors, assigns and interests of the parties as
to any or all of the Property until released by the mutual
consent of the parties.
2.2 Aareement Runs with the Land. Except as to the
provisions of Paragraphs 4 and 6 below entitled Condition
T - "Subdivision Map Indemnity" and Condition V
"Transportation Phasing Plan", respectively, the burden of
the covenants contained in this Agreement ("Burden") is
for the benefit of the land owned by the City adjacent to
the Property. The burden touches and concerns the
property. It is the intent of the parties, and the
parties agree, that this covenant shall be binding upon,
and run with, the ownership of the land which it burdens.
3. Condition S - Drainaae Indemnitv. In satisfaction of
Condition S of Resolution No. 16900, Owner hereby agrees for
itself and its successors in interest to defend, indemnify and
hold harmless the city, its agents, officers and employees from
any liability for erosion, siltation or increased flow of
drainage resulting from this project.
4. Condition T - Subdivision Map Indemnitv. In satisfaction
of Condition T of Resolution No. 16900, Owner hereby agrees on
the condition that city shall promptly notify the Owner of any
claim, action or proceeding and on the further condition that
the City fully cooperates in the defense, the Owner shall
defend, indemnify, and hold harmless the City and its agents,
officers, and employees, from any claim, action or proceeding
against the city, or its agents, officers, or employees, to
attack, set aside, void or annul any approval by the City,
including approvals by its Planning commission, city Councilor
any approval by its agents, officers or employees with regard
to this subdivision.
5. Condition U - Cable Television. In satisfaction of
Condition U of Resolution No. 16900, Owner hereby agrees for
itself and its successors in interest to permit all cable
television companies franchised by the City of Chula vista
equal opportunity to place conduit to and provide cable .
television service for each lot within the subdivision. OWner
further agrees to grant, by license or easement, and for the
5'1.0134165. HAl
021993
-4-
Jtg,,,
benefit of, and enforceable by, the City of Chula Vista,
conditional access to cable television conduit within the
subdivision properties only to those cable television companies
franchised by the City of Chula Vista the condition of which
grant being that they are and remain in compliance with, and
that they promise to remain in compliance with, the terms and
conditions of the franchise and with all other rules,
regulations, ordinances, and procedures regulating and
affecting the operation of cable television companies as same
may have been, or may from time to time be, issued by the City
of Chula Vista. Owner hereby conveys to the city of Chula the
authority to enforce said covenant by such remedies as the City
determines appropriate, including revocation of said grant upon
a determination by the City of Chula Vista that they have
violated the conditions of the grant.
6. Condition V - TransDortation Phasina Plan. In
satisfaction of Condition V of Resolution 16900, Owner hereby
authorizes City to withhold building permits for any unit in
the subject subdivision or any other property within Rancho del
Rey SPA III (Tentative Tract Map 90-2), as may be agreed by the
city and Owner, if anyone of the following occur:
(1) Regional development threshold limits set by the
East Chula Vista Transportation Phasing Plan
have been reached.
(2) Traffic volumes, levels of service, public
service, public utilities and/or services exceed
the adopted City threshold standards.
(3) All public facilities required by the Compiled
RDR PFFP as amended by the Commercial Center
Amendment approved on November 24, 1992 by
Resolution No. 16900 or as required by the city
Engineer to meet threshold standards adopted by
the City of Chula Vista, have not been completed
or constructed to the satisfaction of the City.
7. TriD Deferral - In order to insure compliance with
the mitigation measures identified in EIR No. 92-02 and to
satisfy Condition V of Resolution 16900, Owner hereby
authorizes City to withhold building permits for Neighborhoods
R-6 and R-7 (a total of 391 P.M. peak trips, the "Deferral
Trips") as shown on the Rancho del Rey Spa III site utilization
Plan (Tentative Tract Map No. 90-2) if any entity seeks to
acquire a building permit for construction within either CVT
92-05 or CVT 93-01 prior to the completion of the HNTB SR-125
Financing study. Owner hereby agrees to execute and to record
any agreement reasonably necessary to document the Deferral
Trips prior to the granting of a building permit.
S\A013416S.NAI
021993
-5- 1~l1-?
In the event that building permits issued for the
Project (including both CVT 92-05 and CVT 93-01) result in the
generation of trips in excess of the Deferral Trips, prior to
the completion of the Interim SR-125 HNTB study or, if ongoing
transportation studies (the final HNTB SR-125 Financing Study,
the update to the East Chula Vista Transportation Phasing Plan,
and the Revised Development Forecast) as adopted by the City,
indicate that there is insufficient capacity in the system for
all currently approved and anticipated development projects
then Owner and city shall mutually agree to restrict an
additional 60 P.M. peak trips. As a result of the Deferral
Trips, described herein, the Project shall be deemed to satisfy
all conditions as they presently exist.
Upon the approval by the City Council of the final
HNTB SR-125 Financing Study which indicates there is sufficient
capacity in the system for all currently approved and
anticipated development projects, initiation of an impact fee
to address the construction of SR-125 and approval by City
Council of the Revised Development Forecast, the deferral
required above may be terminated.
7. Recordinq. This Agreement, or an abstract hereof prepared
by either or both parties, may be recorded at the option of
either party.
8. Miscellaneous.
8.1 Notices. Unless otherwise provided in this Agreement
or by law, any and all notices required or permitted by this
Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the party
to whom it is directed, or in lieu thereof, when three (3)
business days have elapsed following deposit in the U.s. Mail,
certified or registered mail, return receipt requested, first-
class postage prepaid, addressed to the address indicated in
this Agreement. A party may change such address for the
purpose of this Agreement. A party may change such address for
the purpose of this paragraph by giving written notice of such
change to the other party in the manner provided in this
paragraph. Facsimile transmission shall constitute personal
delivery.
City of Chula vista
276 Fourth Avenue
Chula Vista, California 92010
Attention: Director of Public Works
S\A013416$.NAI
021993
-6-
~~~
Owner
Rancho del Rey Partnership
2727 Hoover Avenue
National City, California 92050
Attention: Mr. Ken Baumgartner
with a copy to:
HOME Capital Corporation
707 Broadway, suite 1017
San Diego, California 92101
Attention: President
8.2 caotions. Captions in this Agreement are inserted
for convenience of reference and do not define, describe, or
limit the scope or intent of this Agreement or any of its
terms.
8.3 Entire Aareement. This Agreement contains the entire
agreement between the parties regarding the subject matter
hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and
effect. This Agreement is not intended to supersede or amend
any other agreement between the parties unless expressly noted.
8.4 Preparation of Aareement. No inference, assumption
or presumption shall be drawn from the fact that a party or his
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in
the preparation and/or drafting of this Agreement.
8.5 Attornevs' Fees. In the event of any dispute arising
.out of this Agreement, the prevailing party in any action shall
be entitled to reasonable attorneys' fees in addition to any
other costs, damages, or remedies.
S\A013416S.HAI
021993
-7- /~tJ;C;
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be effective as of the day and year first
hereinabove set forth.
THE CITY OF CHULA VISTA
By
MAYOR
Attest:
City Clerk
APPROVED AS TO FORM
Bruce M. Boogaard
City Attorney
Marcia Scully
Special Counsel to City
S\A013416S.NAI
021993
-8-
l~tJ"ltJ
"Developer"
RANCHO DEL REY PARTNERSHIP, a
California general partnership
By: McMILLIN COMMUNITIES, INC.,
a California corporation
General Partner
BY~~
BY.~;:'V:;^.-'\...-' -7 ^ J22---.-
By: HOME CAPITAL CORPORATION, a
California corporation,
General Partner . ~
By~b~41 ~~
By .O~ e. +-~R
RDR BUSINESS CENTER, LTD., a
California limited partnership
By: McMILLIN CO~RCIAL
INDUSTRIAL
DEVELOPMENT, INC., a
California corporation,
a General Partner
By~f~~'
Its: c:... V.P.
By:
~ / tJ/hH
I'
Y.I
Its:
S\A013416S.NAI
030893
-9-
I~g,)/
By: McMILLIN COMMUNITIES, INC.,
a California corporation,
a General Partner
By:
~,~
E~_ 1/ jJ.
Its:
By:
""/
_--M-c~
AJl/l
:./, ~, -
,/
Its: jI ?
By: McMILLIN DEVELOPMENT, INC.,
a California corporation,
a General er
Its:
By:
By:
Q~~~
tI. /J.
Its:
S\A013416S.NAI
021993
-10-
/~t3 "'/02.
EXHIBIT 1
DESCRIPTION OF PROPERTY
[To be added]
EXHIBIT NO. 1-1 /~!$'))
.~
.'
STATE OF CALIFORNIA )
COUNTY OF ~/I r /) I i[ ~, l
~ ^ r On ~~~ ~h ~. !0i?, before me,
~lllrl{tY1!J_ .=-nf_1"{ . ,
notary public, .personally appeared
F If: ~1 17/ utl{l"'-/t 11"..[ 1J~Nl.fe f'r::UI/V
~ personally known to me or
D proved to me on the basis of
satisfactory evidence to be the
person(s) ~hose name(s) is/are
subscribed to the within instrument
and acknowledged to me that he/she/
they executed the same in his/her/
their authorized capacity(ies), and
that by his/her/their signature(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
CAPACITY
SIGNER
CLAIKEtl
BY
INDIVIDUAL(S)
COllPOun: OFFlCER(S)
~1'r1IDY V P } \J P
TITLE
PA1l:n.U(S)
ATTORHEY-IH-FACT
TltOSTEE(S)
SUlSa!IIHG
WITNESS
CU.uDLUII COHSERVATOR
OTllEl(,
~
SICNER. IS REPRESENTING:
(If... of Penon or
En<tlty)
tmhH 0 (,(1 f1..Q Cbrf-
WITNESS my hand and official
seal.
1992 HatlonalNot.aryA$soclat,lon.
CanolaPark, CA
~ OFFICIAL SEAL
. Marianne Griffith
(~ : NOTARY PUBLIC CALIFORNIA
SAN DIEGO COUNTY
'I~ M)' Comm. EXpires Aug. 18, 1995
TlIIS CERTIlICATIMUST BE ATTACIlEDTO
THE DOCUKES'rCESCRIBEDBELOW:
Tit.leol' TJ?<< of Document.:
nUlDOero: I'a,es
Date of Doc-.=.ezu.
Sllner(s>O"'.Lel' "nannameGA-Dove:
IJ!J '/1
I
STATE OF CALIFORNIA
CAPACIrt
SIC.ND.
CLALKED
..
COUNTY OF SAN DIEGO
IKDI'V"mUAL.(S)
On MARCH 9, 1993 ,before me,
JOYCE A. BROCK
notary public, personally appeared
KENNETH BAUMGARTNER, THOM FULLER
COllPO....n
aFFICZll(S)
EXEC VP, VP
nn.>:
[J9 personally known to me or
o proved to me on the basis of
satisfactory evidence to be the
person(s) whose name(s) isfare
subscribed to the within instrument
and acknowledged to me that hefshe/
they executed the same in his/her/
their authorized capacity(ies), and
that by hiiil/her/their signature(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
'AR:nfEIlCS)
A~-tH-FACT
TRUSTEE(S)
SUBSau:SINC
WITNESS
CUARDIAlf /COHSE2VATOR
cmlEk,
WITNESS my hand and official
seal.
SICNER. IS REnESElfTING:
(N... of Per_on. or
EAt.1tY)
~-~-/t:r ~
(/ OTARY PUBLIC
McMILLIN COMMUNITIES, INC.
1992 Kac.1cmallfot.&ry',u.oGLac1oa.,
C&DOc_Park. CA
~ OFFICIAlSEAL
JOYCE A BROCK
NoI8ry f'ubIc.CaIlomIa
. SAN DIEGO COUNTY
~ My CamIll. Exp. Uar. 81. llll1S
TBIS CD.rt7ICA'BmsT BE At'rACIIEDTO
TU DOCUKEIfTtlESCIllEDBILOW:
T1t or "eo Q
.
Dace 0 Oocualla
Si,plIr(. )Oc.ur
1J,8~1..5'
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On MARCH 9, 1993 ,before me,
JOYCE A. BROCK
notary public, personally appeared
KENNETH BAUMGARTNER, THOM FULLER
[Jg personally known to me or
o proved to me on the basis of
satisfactory evidence to be the
person(s) whose name(s) i~are
subscribed to the within instrument
and acknowledged to me that befshe/
they executed the same in hi~/t.er/
their authorized capacity(ies), and
that by hn./h..r/their signature(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official
seal.
~<<.~
(/ TARi' PUBLIC
1992Ifac.10aaU'oc.arrAaaoc1aC1DG,
C&a.oc.rark.. CA
--
@ OFFiCiAL SEAL
....,. JOYCE A BROCK
Nol8lY NlIIo-CaItornIa
SAN DIEGO COUNTY
, My eomm. Exp. Mar. 91, 19;3
1t,8'1?
C.APAClrt
SIc:tlEIl
Cl.AIMEIl
..
IJIDIVtDUAL C S)
COIU'OIlATE
OFTIC!IlC S)
EXEC VP, VP
tITLE
PAJ.nIEllCS)
ArroRKEY-IH-PAC!
t1WSTElCS)
SUl.SC1lI1 IlIC
WITHESS
CUARDLUl/COIfSnVATOR.
0TIIEIl ,
SIc:KER IS UPtU:SDTING;
e.... of Peraaa. or
bc:LcyJ
McMILLIN COMMUNITIES, INC.
TaIS CD.TUICATafUST II AttACDD'tO
TIIJ: OOCllI1ZIITIlESQUEIllIl.OW,
tic.hor typeot ~c:
II~J: g~ r_...
Dace of t)oc\Iiilea.~
SLpwzo(a)Ocur lAalLII__ADOV.:
STATE OF CALIFORNIA
.<;lOUNTY OF SAN DIEGO
On March 9, 1993 , before me,
JOYCE A. BROCK
notary public, personally appeared
JIM J. JORDAN, PATRICK F. McMILLIN
o personally known to me or
o proved to me on the basis of
satisfactory evidence to be the
person(s) whose name(s) i~are
subscribed to the within instrument
and acknowledged to me that Ge/she/
they executed the same in hi-"/her/
their authorized capacity (ies) , and
that by h..i.",/l"'L/their signature(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official
seal.
~~<!--' tt. ~
tY OTARY PUBLIC
1992 Jac1aaallocarr...oc1&C10D.
CaAop'a%k. CA
@ OFFIC\ALSEAL
JOYCE A BROCK
NolllY ~
. . . SAN DIEGO COUNTY
I My Canim. EJop. Mer. 81, 1_
IJiJ-/7
CAlAC:~
SICKER.
Cl.AIHEll
BY
r:mIVUlUAL (S)
COUOllATE
VP, VP
OFFICER(S)
tIn;;
PAlt.I1fD.(S)
AtTOIUfEY-IK"FACT
nuSTEECS)
su.SCU:~ING
WITNESS
CUAItDtAM' I CONSo.VATOR
omER,
steND IS !U:PRl:SDTIHC:
(11_ of P.r.oa. or
EnU.Cl")
McMILLIN DEVELOPMENT, INC.
TIlts CEl.TI1'tCATB<<J'ST IE At'tACDDTO
tBI OOCUKU"fI)ESCI.IIEDlELOW;
Tiel.or t7INof ~c:
"nWUII.s-g,. ra...
Oac.. of Ooc\aen.~
SLpeC'(.)OcUr: lAa11......a.AQQV.:
STATE OF CALIFORNIA
CAPAC!n
SICIltll
CI..\IKEll I Y
COUNTY OF
SAN DIEGO
IlIDIVIt'IttA1.(Sl
On March 9, 1993 ,before me,
Joyce A. Brock
notary public, personally appeared
Patrick F. McMillin, Robert L. Jones
CORPOllAR OFFlCER(S)
Exec VP, vP
TIlU
o personally known to me or
o proved to me on the basis of
satisfactory evidence to be the
person(s) whose name(s) ~are
subscribed to the within instrument
and acknowledged to me that h~/.she/
they executed the same in his/her/
their authorized capacity(ies), and
that by his/her/their signature(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
P.u.nrEIl( 5 )
AnoutY - IlI- r ACt
TRllSTU(S)
StlBSCRDIHC
WInrESS
CUARDIAlf/CQlfsnVA'fOR
arm:R ,
WITNESS my hand and official
seal.
SIGNER. IS REl'USmTIlfG:
(If.... al Parsoa. oC'
Ea.e1ty)
~~/ &t. ~
?/ TARY PUBLIC
McMillin Commercial Industrial
Development, Inc.
1992".t1ocallfotar,~.OCLaC1om.
CaAo,&'adt, CA
@ OFFICIAl SEAl.
.- JOYCE A BROCK
. No18ly Pllbllc>CalfomIa
SAN DIEGO COUNTY
" MyComm. Exp. Mer. aI, 111:I
mIl CDTI7tCAfttUSt II AttACDD'tO
"tB DOCUHIJITDEtt"II nr.nRlLOW:
~U.b... typ. 01 Docn.aa.c:
n~E'CI~ r....
Dace of ~~
51...1'(. )~I' 1.1MB 1II__AIiJCII_:
/~8-/rr
ACKNOWLEDGMENTS
STATE OF CALIFORNIA
COUNTY OF
On
, before me,
notary public, personally appeared
,
o personally known to me or
o proved to me on the basis of
satisfactory evidence to be the
person(s) whose name(s) is/are
subscribed to the within instrument
and acknowledged to me that he/she/
they executed the same in his/her/
their authorized capacity(ies), and
that by his/her/their signature(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official
seal.
NOTARY PUBLIC
1992 N.~lonalNot.ryAa.ocl.tion,
Canos_Park, CA
)~tJ, I'
CAPACITY
SICNER
CLAIMED
BY
INDIVIDUALeS)
CORPORATE
OFFICER(5)
TITLE
PARTNER(S)
ATTORlfEY.IN-FAct
TRUSTEE(S)
SUBSCR.I81NG
WITNESS
GUARDIAN/CONSERVATOR
OTHER:
SICNER IS REPRESENTING:
eN...... of Person or
EntUy)
THIS CERTIFICATHlST IE ATIAClIEIlTO
THE DOCUMEIrfTDESCIlIBEDBELOW:
T1th or Type of Document:
ftUIIIDaroJ: raa..
Dat. of Documenr.
5ianer(s)Ot.her lnannameaADOYe:
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item I '}
Meeting Date 4/27/93
Resolution I ')(/)92" Accepting bids and awarding contract to
MCR Electrical Contractor Inc. for traffic signal installation at East
Orange A venue and Lorna Lane and modification of traffic signals (Phase
III Traffic Signal Upgrade Program) at various locations in the City of
Chula Vista
Director of Public Works ~
/I~
City Manager JG \'1'(:) iI:~\ (4/5ths Vote: Yes_No_XJ
ITEM TITLE:
REVIEWED BY:
BACKGROUND:
On April 7, 1993, the Director of Public Works received sealed bids from eight (8) electrical
contractors for one project involving traffic signal work at various locations. This project
involves the installation of traffic signals at East Orange Avenue and Lorna Lane, and
modification and upgrade of existing traffic signals at five intersections (Phase III Traffic Signal
Upgrade Program).
The low bid of $124,549 was received from MCR Electrical Contractors, Inc. The low bid is
below the Engineer's estimate of $125,100. Staff has reviewed the low bid and recommends
awarding said contract to MCR Electrical Contractors, Inc. in the amount of $124,549.
RECOMMENDATION: That the City Council accept the bids and award the contract to MCR
Electrical Contractors, Inc. in the amount of $124,549.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The traffic signal installation at East Orange and Lorna Lane was approved and funded in the
1992-93 Capital Improvement Project (CIP). The work to be done includes the installation of
traffic signal standards, loop detectors, controllers and other signal equipment necessary to affect
an 8-phase signalized intersection. A very important aspect of this construction is the
introduction of the Emergency Vehicle Pre-Emption (B.V.P.E.) System which is now being
incorporated in all new signal construction and is included with the project.
In 1990, Council approved a 5-year traffic signal upgrade program to replace or repair some of
the City's outdated traffic signals. This project is intended to bring these signalized intersections
in compliance with the State Traffic Signal Standards. This project will include the addition of
improved signal standards with signal indications to provide better visibility for motorists,
replacement of existing 8" vehicular indications with 12" indications, replacement of "walk,
don't walk" pedestrian indications, rewire the intersection from single electrical wires to a more
/7--;
Page 2, Item-.!2
Meeting Date 4/27/93
efficient and longer lasting cables, and other minor work. Phase I and II of this upgrade program
involving ten (10) intersections has been completed. Phase III scheduled for fiscal year 92-93
consists of five (5) intersections and they are as follows:
Third Avenue and J Street
Fourth Avenue and I Street
Fourth Avenue and J Street
Fourth Avenue and K Street
Fifth Avenue and K Street
On April 7,1993, the director of public works received bids from eight (8) qualified electrical
contractors and they are as follows:
1.
2.
3.
4.
5.
6.
7.
8.
MCR Electrical Contractors, Inc.
TRASIG Corp.
Steiny & Co.
TCB Electric
Southwest Signal Service
HeIfers Electric Co.
Knox Electric Inc.
Lekos Electric Inc.
$124,549
$125,000
$125,830
$128,084
$129,612
$130,000
$133,176
$133,494
The low bid of $124,549 submitted by MCR Electrical Contractors, Inc. is below the Engineer's
estimate of $125,100. The bid price of the signal at East Orange Avenue and Lorna Lane is
$71,661 with the remaining $52,880 for the signal upgrade project.
Staff recommends that a contract be awarded to the low bid, MCR Electrical Contractor Inc.
MCR Electrical Contractor Inc. has previously performed satisfactory work for the City of
Chula Vista.
Attached is a copy of the contractor's disclosure statement. NOT SCANNED
ENVIRONMENTAL STATUS
The City's Environmental Review Coordinator has reviewed the work involved in this project
and determined that the project is exempt under Section 15302, Class 2 of the California
Environmental Quality Act (reconstruction of existing structure and facility) and/or Class 3 (new
construction or conversion of small structures or the location of limited numbers of new, small
facilities or structures).
)?'~
Page 3, Itemn
Meeting Date 4/27/93
FISCAL IMPACT:
The source of funding for this project is Traffic Signal Funds. No prevailing wage requirements
were necessary or a part of the bid documents. Compliance with Federal and State
minority/women owned business requirements was unapplicable on this project.
If the resolution is adopted, the following table represents the funding status of the project.
Funds Required for Construction
A. Contract Amount $124,549.00
B. Contingencies (approx., 5%) 6,200.00
C. Staff Cost (approx. 5%) 6,200.00
Total Funds Required for Construction $136,949.00
Funds Available for Construction
A. TF-143 - 93/Traffic Signal Upgrade $62,510.54
B. TF-146 - E. Orange Avenue/Lorna Lane Signal 74,438.46
Total Funds Available for Construction $136,949.00
After construction, only routine City maintenance and energy costs will be required.
ZOIBR-054; BR..(J.56
WPC F:\home\engineer\agcnda\contract.mcr
04209'
17'3
You are required to file a Statement of ~isclosure 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,
and all other official bodies. The following information must be disclosed:
1 . List the names of all persons having a financial interest in the pro~arty which is the subject of the application or
the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
Nt>~1;;
2. If any person" identified pursuant to 111 above is a corporation or partnarship, list the names of all individuals
owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership.
NO~
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.
NO~~
4.
Have you had more than $250 worth of business transacted with any member of the Ciwstaff, Boards,
Commissions, Committees, and Council within the past twelve months7 Yes_ No~ If yes, please indicate
personls):
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.
Nc..le
6.
Have you and/or your officers or agents, in the aggregateyllOntributed more than $1,000 to a Council member in
the current or preceding election period7 Yes_ No~ If yes, state which Councilmember(s):
· · · (NOTE:
.
Date: "' . (.". 9~
S' of~~wdawli
'^~ G.iGo.kloElW%. .~~~'t'
Print or type name of contracwr/applicant
. Person is UfiMd as: -Any individu4l,Jrm, co-pa1'fMr:ship,joIrIl W71AU'e, auocUuiors, .ocial clMb..froumaJ orrd1li:lUion, corporolion, "IDle, lnul, receiver,
I)'NliCt2U, rhis and any owr county, city and COUIIlTy, dry municipalizy. dirtrlcu, or other ~licallJlbdivisi,,". or 4UI)' odter,roup or combiMlion aeling
a-unit..
I?~i
RESOLUTION NO.
/ ?tl'Jlr
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT TO MCR ELECTRICAL CONTRACTOR INC. FOR
TRAFFIC SIGNAL INSTALLATION AT EAST ORANGE
AVENUE AND LOMA LANE AND MODIFICATION OF
TRAFFIC SIGNALS (PHASE III TRAFFIC SIGNAL
UPGRADE PROGRAM) AT VARIOUS LOCATIONS IN THE
CITY OF CHULA VISTA
WHEREAS, on April 7, 1993, the Director of Public Works
received the following eight (8) sealed bids for one project
involving traffic signal work at various locations which involves
the installation of traffic signals at East Orange Avenue and Loma
Lane, and modification and upgrade of existing traffic signals at
five intersections (Phase III Traffic Signal Upgrade Program):
MCR Electrical Contractors, Inc.
TRASIG Corp.
Steiny & Co.
TCB Electric
Southwest Signal Service
HeIfers Electric Co.
Knox Electric Inc.
Lekos Electric Inc.
$124,549
$125,000
$125,830
$128,084
$129,612
$130,000
$133,176
$133,494
WHEREAS, the low bid of $124,549 was received from MCR
Electrical Contractors, Inc. and is below the Engineer's estimate
of $125,100; and
WHEREAS, staff has reviewed the low bid and recommends
awarding said contract to MCR Electrical Contractors, Inc. in the
amount of $124,549; and
WHEREAS, compliance with federal and state minority/women
owned business requirements was unapplicable on this project.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby accept said eight bids for
traffic signal installation at East Orange Avenue and Loma Lane and
modification of traffic signals (Phase III Traffic Signal Upgrade
Program) at various locations in the City of Chula vista and award
the contract to the low bidder, MCR Electrical Contractors, Inc. in
the amount of $124,549 to be completed in accordance with the
specifications approved by the Director of Public Works.
BE IT FURTHER RESOLVED tha
Chula vista be, and he is hereby
said contract for and on behalf of
John P. Lippitt,
Public Works
Director of
--
17~ ..>
the City of
to execute
V sta.
Presented by
by
aard, City
F:\home\anomey\contract.mcr
COUNCIL AGENDA STATEMENT
Item I ~
Meeting Date: 4/27/93
ITEM TITLE:
Interagency planning of a City-~e
Director of Parks and Recreati~21~
City Manager...JG, ~~
Youth Summit
SUBMITTED BY:
REVIEWED BY:
A Youth Summit is based upon the premise that Chula Vista's Youth possess a keen sense
of what issues confront them in their lives. Further, the youth of our community are
the best judges of what services are required to meet their needs. The following
information will describe the planning process for a City-wide Youth Summit.
RECOMMENDATION: That City Council accept the report, support the Youth Summit and
appoint two representatives to attend the Youth Summit Phase I on May 12, and Youth
Summit Phase II on June 2.
BOARDS AND COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
I n a recent ly re 1 eased Carneg i e Report ent i tIed, A Matter of Time. Risk and Opportun it v
in Non-school Hours, it was revealed that young adolescents have a great deal of
discretionary time. Much of it is unstructured, unsupervised and unproductive for the
young person. Only 60% of the adolescent's waking hours are committed to such
essentials as school, homework, eating, chores or paid employment, while fully 40% are
discretionary. The report explains that many adolescents spend much of that time
alone. In national surveys and focus groups, America's youth have given voice to a
serious longing. They want more regular contact with adults who care about and respect
them, more opportunities to contribute to their communities, protection from hazards
of drugs, violence and gangs and greater access to constructive and attractive
a lternat i ves.
Youth development services have always been a priority in Chula Vista. For example,
the Parks and Recreation, Library and Police Departments, and the Nature Interpretive
Center have all been integral parts in providing youth development programs. In
addition, our community-based organizations such as Southbay Community Services, Boys
and Girls Club, YMCA, etc. have all strived to meet the changing needs of our youth.
The school districts have also been innovative and cooperative in delivering
educational and human service programs to develop our youth for the challenges that lie
ahead.
However, in light of the youths' changing social environment and intense pressures to
join gangs or engage in unhealthy activities, it is time to re-evaluate the services
provided to the City's youth. One pervasive concern is whether or not youth-serving
agencies in Chula Vista are meeting the mark in designing programs to meet the needs
of the junior and senior high school population.
Late last year, in a meeting with Mayor Nader and the Chief of Police, this very issue
was discussed. At that meeting, the idea of a youth summit surfaced. The Parks and
Recreation Department and the Police Department both felt that a youth summit would be
ythsumit.a13
18" 'i
2
Item
Meeting Date
I~
4/27/93
very helpful in collecting information on what programs and services the youth of this
community might want or need. Since that time, a planning team has been assembled,
comprised of South bay Community Services, Sweetwater Union High School District, Boys
and Girls Club, YMCA and the Parks and Recreation Department. It was the consensus of
the planning team to involve the City's youth in providing input about what issues
affect them and what programs they wish to see offered. Youth input will be a critical
component to the Summit. This strategy is supported by the 1992 Carnegie Report on
Youth which states: "adolescents are rarely asked what they want or need, when or where
programs should be offered, or what characteristics they would like to see in adults
who lead youth activities." Thus, improving the quality of programs and services and
increasing adolescents' participation, requires input from the young people who will
be served.
The gathering of information from the youth will be done through a series of focus
group meetings at geographically selected junior and senior high schools, YMCA, Boys
and Girls Club, SouthBay Community Services and Parks and Recreation sites. There will
be extensive involvement by the City's Youth Commission as well.
It is envisioned that the Youth Summit would be structured in the following way:
o
Focus groups comprised of youngsters from the community would be developed.
respective organization would facilitate their own focus group meetings.
focus group meetings would be conducted by a trained facilitator.
Each
The
o Based upon the results of the focus group meetings, the youth would then select
a spokesperson to present their findings and recommendations to representatives
of City Council, School Board and non-profit boards in a workshop setting. This
meeting could be moderated by the Mayor or facilitated by a staff member.
o The policymaking representatives would then collect the information and report
back to their respective groups about the presentation. The focus group
spokespeople would be in attendance at that meeting.
o Those same policy representatives would attend another joint workshop to provide
feedback to the youth on the results of their discussion with their respective
Council, Board or Board of Directors.
o Finally, it is envisioned that staff, through a coordinated interagency effort,
would present a short, moderate and long term plan for the youths' review.
The tentative timeline for focus group meetings and Youth Summit Part I and Part II,
are as follows:
o April 12 through April 21, youth focus group meetings would be conducted.
o On Wednesday, May 12 at 5:30 pm, the "Youth Summit Phase I," would occur at the
Southbay Family YMCA.
o On Wednesday, June 2 at 5:30 pm, the Youth Summit Phase II, would be held at the
Southbay Family YMCA. Representatives from the City Council, School Board and
ythsumit.a13
18"~
3
Item
Meeting Date
/g'
4/27/93
social service agencies would present their responses back to the youth
spokespeople.
In conclusion, the Department envisions the Youth Summit providing a blueprint for
planning youth development services, not only for this Department, but also for other
youth serving organizations. In some cases resources may be needed to provide new
programming, in other cases joint programming could be accomplished with little or no
money at all, and finally enhanced resource sharing can begin to occur between
agencies. Another outcome of this Youth Summit may be the need to consolidate youth
service planning efforts by a single planning entity, ie., youth coalition.
FISCAL IMPACT: None
ythsumit.a13
ly...:J
315 4th Avenue. Suite E . Chula Vista . CA 91910 . (619) 420-3620/9790/5051
March 30, 1993
.::r~::::::; vdleazut:::la, iJi:r:ector
City of Chula vista
Dept. of Parks and Recreation
276 4th Avenue
Chula Vista, CA 91910
Dear Jess:
South Bay Conununity Services wholeheartedly supports the Youth
Sununit as proposed. SBCS feels strongly about having young people
voice their own concerns/issues to the public and private policy
makers. We feel the proposed process will fulfill this and also
give our conununity accurate information in order to plan services
and activities for young people.
South Bay Conununity Services agrees to be an active participant
providing staff and young people hold a minimum of four focus
groups. SBCS will also conunit two Board members to attend the
Sununit meetings.
If you have any questions, call me.
Since~
cft~n Lembo
Executive Director
-
1 RECE\\1EO-\
~
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COUNCIL AGENDA STATEMENT
ftemJ1
Meeting Date 4/27/93
ITEM TITLE:
Report: Community Pride Fair
Director of Parks and Recreatio~'
City Manager ~ LtJ ~l
(4/5ths Vote: Yes_No~ )
Referral No. 2724
SUBMITTED BY:
REVIEWED BY:
At the June 1, 1992 Council budget workshop, Council discussed the issue of a Community Pride Fair
which would place an emphasis on the City's ethnic groups. At their goal setting session on January
25, 1993, Council requested staff to investigate ways to incorporate the Community Pride Fair with the
Fourth of July, or another City-wide celebration. The Parks and Recreation Department will be evaluating
ways to incorporate a Community Pride Fair with other special events.
RECOMMENDATION: That City Council 1 ) accept the report, 2) direct staff to evaluate the incorporation
of the Community Pride Fair with the 1993 Cultural Arts Festival and assess the feasibility of
incorporating the Pride Fair with the 1994 Fourth of July celebration, and 4) return to Council in August
1993 identifying which existing special event could become a Community Pride Fair.
BOARDS/COMMISSION RECOMMENDATION: Not applicable
DISCUSSION:
On January 25, 1993, the City Council was interested in exploring the possibility of making the
Community Pride Fair an integral part of the City's Fourth of July celebration, or another City-wide
celebration. Council indicated that the idea of "community pride" was to get the various ethnic groups
and organizations involved in a community wide event. Before a determination is made on which
program is more suitable for a Community Pride venue, staff is recommending that: 1) the 1993 Cultural
Festival serve as a pilot program to evaluate if this event could eventually become a pride fair, and 2)
assess this year's Fourth of July fireworks program as the venue for a pride fair in 1994. Below is an
initial analysis of how these two special events could become a pride fair.
Staff explored the incorporation of a Pride Fair with the Fourth of July Fireworks celebration. This could
be managed in two ways. First, the Fair could be operated during the day at Marina View Park or at
Bayside Park. Other events have been successfully staged in these parks in the past (Arturo Barrios 10K,
Harbor Days, WinterFest, and the Pops Concert). Second, the Fair could also be conducted in another
area of the City during the day, and participants wishing to view the evening fireworks display could then
travel to the Bayfront area.
An obvious advantage in conducting a pride fair on July 4th at the bayfront area is the captive audience
that typically gathers in the area for the fireworks. A potential disadvantage would be the loss of
spectator areas and parking capacity due to the operation of the Fair. However, staff in cooperation with
the Police Department, will evaluate this year's Fourth of July in terms of crowd capacity and parking
availability to determine the feasibility of incorporating the Community Pride Fair with the Fourth of July
celebration.
As an immediate goal, the Department believes the 1993 Cultural Arts Festival could serve as an
excellent program to integrate a Community Pride concept. The predominant focus would not
festival April 21, 1993
/9-/
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Item 11
Meeting Date 4/27/93
necessarily be the arts but rather on ethnic pride. Toward this end, the Parks and Recreation
Department and the Cultural Arts Commission have been jointly planning a major special event which
is titled "Chula Vista Cultural Arts Festival - A Celebration of Community Pride." A date of May 8, 1993
has been selected, and the event is scheduled to take place in and around Memorial Park and the
Parkway Recreation Complex. This event could serve as a pilot project to determine whether a
Community Pride Fair could be integrated with the Cultural Fair.
The benefit of this approach is the fact that staff resources would be channeled in one major event
versus attempting to plan two separate events (Pride Fair and Cultural Arts Fair). In addition, the Pride
Fair, if held in conjunction with the Cultural Festival would have ample parking and minimal traffic
congestion.
This year's event will revolve around a central theme of community-wide involvement in a multi-faceted
event. Events and activities will include musical entertainment, professional performers, children's
activities, ethnic food sales, arts and crafts vendors, artists at work, static art displays, a "coffee house"
setting, variety programs featuring local dance groups, a logo design contest, a music competition,
recreational class demonstrations, and roving performers. The event is taking on a distinct multi-cultural
theme, and is truly involving a wide variety of ethnic groups and organizations. Dance demonstrations
will include tap, jazz, ballet, Mexican folk, Country and Western, Polynesian, Norteno and Aztec. Other
groups will be demonstrating a variety of international folk dances. Musical entertainment will include
Big Band, Folk, Latin Jazz, and classical, many of which will be presented by local musicians. Chula
Vista High's "Main Attraction" will also be performing, as will the new concert band from EastLake High
School. Local businesses will be represented through cooperative efforts with the Chula Vista Chamber
of Commerce and the Downtown Business Association.
A large number of community groups have been invited to participate, including local service clubs and
groups, youth service providers (YMCA, Boys & Girls Club, Boy and Girl Scouts, etc.), the schools within
the Elementary School District and the Sweetwater Union High School District, local drama groups,
individual artists and art organizations and others. The response from the majority of the groups has
been very positive.
The Festival will be held in Memorial Park, and will encompass the majority of the park as well as
sections of Park Way. Plans for the event include an extensive children's activity area in the eastern
section of the park. Entertainment will be provided throughout the day in Memorial Bowl, and on the
corner of Park Way and Garrett. The Women's Club building and grounds will be the site of a complete
"coffee house" setting, which will include low-key entertainment, static art displays, and food and drink
service.
The median strip of Park Way will be occupied by informational booths for local service organizations,
invited arts and crafts vendors, food vendors, and display areas for City Departments (Fire, Police, Parks
and Recreation, Recycling, Nature Interpretive Center, etc.). Appropriate City Commissions will also be
in attendance at the event. Parkway Center may be used for static art displays and other exhibitions,
and local aquatic organizations (competitive swimming, springboard diving, synchronized swimming,
scuba,) will conduct short displays and shows throughout the day. Parkway Gym will be utilized for a
wide variety of dance and recreational class exhibitions. Strolling musicians will mingle with the crowds,
and artists will work their trades as exhibitions in several areas. Groups from all areas are being
encouraged to provide information on their respective areas of expertise or specialties. A wide variety
of ethnic groups are being solicited to sell ethnic foods and beverages as a fund raising technique.
festival April 21, 1993
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Item 11
Meeting Date 4/27/93
The event will take place from 10:00 AM to approximately 4:00 PM. There will also be other activities
that will be part of the Fair that will not be conducted in the Memorial Park Area. Staff is working with
the Library on a possible film festival that would be linked with the Fair, but would take place at the new
theater(s) at Chula Vista Center. The Cultural Arts Commission is conducting a music competition that
will be held at the Community Congregational Church. Additional community-based activities are also
planned during the same week of the Festival. Several local churches have expressed an interest in
sponsoring non-denominational musical concerts, and the Parks and Recreation Department will have
a children's theater production in Memorial Bowl the following weekend.
More than 350 groups and individuals have already been invited to participate in the event, and initial
publicity will be released in the next several weeks. The Department is pleased with the initial response
from the community, and community involvement at all levels will be stressed as additional participation
is solicited during the next month.
In summary, staff will be evaluating both the Cultural Arts Festival and the Fourth of July Celebration as
potential venues for the Community Pride Fair. Once these two events have passed, staff will return to
Council, in August 1993, with a recommendation on which event should become the Community Pride
Fair.
FISCAL IMPACT: $4,000 has been allocated in the current budget for support of the Community Pride
Fair. No additional fiscal impact is anticipated.
festival April 21, 1993
19-J
Monday, June 1, 1992
4:04 p.m.
Council Conference Room
Administration Building
The Council met in a closed session at 5:10 p.m. to discuss: Personnel Matter - pursuant to Government
Code Section 54957 and adjourned at 5:22 p.m.
Adiourned MeetinstlWorksession of the City of Chula Vista City Council
CALL TO ORDER
1. ROll CALL:
PRESENT:
Councilmembers Grasser Horton, Malcolm (arrived 4:15 p.m.), Moore,
Rindone, and Mayor Nader.
ALSO PRESENT:
John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Vicki
C. Soderquist, Deputy City Clerk
Mayor Nader informed the public that the Closed Session would be trailed until Councilman Malcolm arrived
or 5:15 p.m., whichever came first.
BUSINESS
2. REVIEW OF DEPARTMENTAL BUDGETS COMMUNl1Y DEVELOPMENT, BUIlDING AND
HOUSING, PUBllC WORKS (TRANSIT), UBRARY, PARKS AND RECREATION, POlleE, FIRE, NON-
DEPARTMENTAL, CARRYOVER ITEMS FROM OTIiER DEPARTMENTAL BUDGET REVIEWS, AND
SUPPLEMENTAL REPORTS
Community Development
City Manager Goss reviewed the requests and recommendations for the department. He noted that a
significant amount of money had been budgeted for legal services and recommended that be reviewed when
the Redevelopment Agency budget was reviewed. Councilman Rindone expressed his appreciation to
department heads in trying to replace contract employees with permanent staff. He felt staff was looking
at the long term needs of the City.
MSUC (Moore/Nader) to approve the Community Development budget as presented.
Mayor Nader requested an overall cost comparison of consultants versus permanent positions being created.
Buildin!! and Housin!!
City Manager Goss reviewed the requests and recommendations for the department and commended Mr.
Larsen for expanding the services of the department without the addition of new staff members. Councilman
Moore questioned the number of inspectors and their duties. Mr. Larsen reviewed the current staffing and
the housing/mobile home inspection schedule. Councilman Moore stated he liked the way the program was
going.
Councilwoman Grasser Horton questioned why the Manager recommended more than requested by the
department for the Director's salary. Mr. Goss responded that Mr. Larsen had been recognized during the
year for good performance and that was reflected in the Manager's recommendation.
MSUC (MoorelRindone) to approve the Building and Housing budget as presented.
19-5
Minutes
June 1, 1992
Page 2
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Councilman Rindone stated Council appreciated the creativity shown by the department regarding the
extended hours and services.
Public Worlcs
City Manager Goss reviewed the re'quests and recommendations for the department and stated that more
new positions were recommended for this department than any other. That was primarily due to the staffing
of the Otay Ranch Planning Team. Supplemental Budget Memo #6 addressed the reclassification of
administrative office specialist to public works technician.
Licensed Land Surveyor Mayor Nader questioned why the position of Licensed Land Surveyor was needed.
Mr. Goss responded that the department did not have enouih staff to do all the surveying work. By adding
the position it would also enable the department to send out not only one 3-person crew but a 4-person crew
in more complicated circumstances, or two 2-person crews. It would eliminate the need to contract out
much of the work. John Lippitt, Director of Public Works, stated that after 1982 only a Licensed Land
Surveyor could sign plans. Civil Engineers were grandfathered at that time but due to attrition in the
department it was felt that a Licensed Land Surveyor was needed. Mayor Nader stated he needed more
information before he could support the item. He noted there were many other requests and was not sure
it was a high priority. Mr. Goss responded that the position would be funded from the Capital Improvement
Program and not the General Fund. Councilman Moore requested a Supplemental Budget Memo including
a survey of what the crews do, what their back work was, and license experience. Mayor Nader agreed,
especially on inclusion of where the back work was and how it related to the creation of the position.
Councilman Moore also requested the inclusion of the Public Works office staffing level for the past five
years, number of street miles, sewer miles, and other things that had grown during the past five years.
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MS (Moore/Nader) to approve the Public Worlcs budget as presented.
Mayor Nader clarified that all motions made during the Worksession' were subject to final approval by
Council at the public hearing.
8 Inch Lens Reolacement Councilman Moore expressed concern over changing the 8 inch lenses to 12 inch
lenses. He felt it would be nice to have but questioned the priority. Mr. Goss responded that it was
included in the CIP budget and was a safety issue. Mayor Nader agreed with Councilman Moore's
comments. Mr. Lippitt responded that staff would return with a Supplemental Budget Memo.
VOTE ON MOTION: approved unanimously.
Library
City Manager Goss reviewed the requests and recommendations for the Library and referred to Supplemental
Budget Memo # 12 dealing with the prospective FY 1993 periodical cancellations. The Literacy program
would be supported at the current level.
EastLake Histh School Branch Librarv Mr. Goss stated this was an excellent policy issue and the pro's and
con's were outlined in Supplemental Budget Memo #13. He stated he could not recommend whether it
should be a permanent facility but felt it should not be viewed as an EastLake library but a library serving
the entire eastern part of the City. Councilman Malcolm felt it was innovative and a &reat opportunity that
would benefit the community and also the students. Councilman Moore stated that concerns expressed
dealt with access, visibility, parking and safety. He agreed that more needed to be done jointly with other
agencies. Mr. Go.. stated this was a pilot program and was felt it would be more efficient and effective.
()
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Minutes
June 1, 1992
Page 3
MSC (MalcoIm/Moore) to approve the Library budget as presented. Approved ~l with Councilman
Rindone abstaining.
Parks and Recreation
City Manager Goss reviewed the requests and recommendations for the Parks and Recreation Department.
Staff had not made a recommendation on a park ranger position. A Supplemental Budget Memo would be
forthcoming and therefore he recommended that any action taken by Council on the budget exclude that
position.
Landscaoe Planner Mr. Goss stated there had been a change in his recommendation. The revised
recommendation was included in Supplemental Budget Memo #lS which recommended a half-time
landscape planner. He was now convinced that both the half.time landscape planner and the landscape
architect could be supported by the Capital Improvement budget. Councilman Moore questioned whether
the expanded work was a result of new growth. Mr. Goss responded that it was due to new growth, more
inter jurisdictional planning, and CIP projects.
MS (Moore;MalcoIm) to approve the Parks and Recreation budget as presented.
Cultural Arts Coordinator Councilman Rindone requested that the additional 50% of funding be placed on
the "Wish List" for future Council consideration. He felt it was desirable to seek applications for a full time
position as it enriched the pool over a half.time pool. Mayor Nader agreed with Councilman Rindone's
request and suggested that applicants indicate whether they were available on a part time or full time basis.
-~.
Cultural Arts Pride Faire Councilman Rindone was pleased that the Cultural Arts Commission instituted the
Pride Faire this year. He requested that the community pride aspect of the Faire be emphasized more than
the cultural arts aspect. He hoped that it would get the various ethnic groups in the community to actively
participate. Mr. Goss felt the Arts Pride Faire was an excellent counterbalance to what had happened in Los
Angeles. m._....._._~~.._....._ .._..
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Park Fees Councilman Moore questioned when the Supplemental Budget Report would be received
regarding park fees. Mr. Goss responded that he had seen the draft but the final report was not prepared
at this time. Councilman Moore stated that the City had put large amounts of money into the parks and
he could not see putting in those types of improvements without reviewing fees. He would not have an
objection to a resident fee and a larger non.resident fee. Mr. Valenzuela responded that the Parks and
Recreation Commission had reviewed a Park and Recreation fee adjustment last month, which included a
non-resident fee, which was approved and would be brought to Council in the future for review. Mayor
Nader stated he was receptive to a higher non.resident fee but would need very compelling justification to
substantially increase fees for residents. If staff felt that was necessary he would be more inclined to look
at other areas to cut to ensure that Chula Vista parks were as successful as possible for Chula Vista residents.
VOTE ON MOTION: approved unanimously.
Mr. Goss questioned whether the motion included the one-half time landscape planner. Mayor Nader
responded affirmatively.
Police DeDartment
City Manager Goss reviewed the requests and recommendations for the Police Department budget. The Chief
had indicated that he would make changes on the beat and determine mid.year whether additional staffmg
would be needed. Councilman Rindone requested that the neighborhood concept of the beat patrol be
evaluated for areas designated as high crime.
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Minutes
June 1, 1992
Page 4
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MSUC (Moore.lMalcolm) to approve the Police Department budget as presented.
Fire Department
City Manager Goss reviewed the requests and recommendations for the Fire Department. He stated that the
budget included full funding for Fire Station #6.
MSUC (Moore/Grasser Honon) to approve the Fire Department budget as presented.
Four Firefi~hter En~ine Staffin~ Mayor Nader stated he understood that this was not the year to take on
four firefighter engine staffing but he did not want it to be interpreted that the issue had been dropped on
a permanent basis. He felt it should be discussed again at a more fiscally oppottune time. Chief Lopez
stated that the department was looking at the Reserve Firefighter program.
ORAL COMMUNICATIONS
None
01liER BUSINESS
3. OlY MANAGER'S REPORTfS) - City Manager Goss informed Council that their next budget
meeting/worksession would be June 9th at 4:00 p.m.
.
4. MAYOR'S REPORTfS) - None
5. CmJNOL COMMENTS - None
ADJOURNMENT
ADJOURNMENT AT 5:22 P.M. to a Regular City Council Meeting on Tuesday, June 2, 1992 at '4:00 p.m. in
the City Council Chambers.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
'" r ' r'
" '\ ., \, ,,:-.
~icki"~. 'S~derqUist, D~;~~ c;~le:
by:
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/9.,8'
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l
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MINUTES OF SPECIAL MEETING/WORKSESSION
OF THE CHULA VISTA CIIT COUNCIL
Monday, January 25, 1993
5:38 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, Bruce M. Boogaard, and Beverly A Authelet
BUSINESS
2. GOAL SETTING SESSION - Discussion of setting City goals and priorities for major projects.
Mayor Nader stated the purpose of the meeting was to hold a goal setting conference with the city manager
to discuss ciry goals and priorities for the year. He suggested that Council go through the major project list
from the 1991 goal-setting workshop, then Council could comment, add, or delete from that list.
City Manager Goss stated that anything which helps staff focus on the top priorities of Council is very useful
in terms of using limited resources and staff. Staff had given Council background information from the last
goal-setting workshop along with some information as to how goal-setting sessions occurred with the council
in 1984 and 1987. A number of the projects listed have either been completed or are in progress.
MAJOR CIP PROJECI'S:
Council went over the list briefly identifying those items which have either been completed or are in
progress. Mayor Nader requested that when the list comes back for final adoption that projects which have
been completed or virtually completed be deleted. Council could point out projects they wished to have as
a high priority or lesser priority than previously listed, then staff could allocate resources and time
accordingly.
Maior East/West Street Proiect in Montl!omerv ArealNeil!hborbood Revitalization: Councilman Rindone
stated that we are doing a lot of significant projects in the Montgomery area, but he was not aware of a
major East/West project; for example, Naples or Moss.
City Manager Goss stated we would have to do some evaluation for an East/West project. He felt that
maybe Oxford might have more traffic.
Councilman Moore stated that on streets which are not primary arteries, the residents should be putting in
sidewalks, curbs, gutters; not the City. If we start doing major streets like we did on Fifth Avenue, he did
not know how many we could do unless we delayed the 1/2 cent sales tax on Main Street. When you talk
about East/West streets, you are talking about basically residential. This improves property values which
will not bring money to the City.
/9-i
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Minutes
January 25, 1993
Page 2
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Councilman Rindone suggested that we look seriously at an East/West CIP project which would continue
efforts to upgrade that portion of the City and look at traffic flows and willingness to participate in the
sharing of costs by the property owners.
Councilman Moore expressed that we should phase out the indepth support of the Otay Committee since
they are well organized and adopt another one. Then put staff time and joint efforts into another
revitalization program and do it every three years instead of every five years.
Mayor Nader suggested that we add two items to the list, and that staff develop additional information and
options on those items to come back for a fmal goal setting or in conjunction with the CIP budget process:
1. Additional Montgomery Street improvement, particularly East/West.
2. Excellerate neighborhood revitalization project.
Third Avenue at Anita: Councilwoman Horton stated there was a portion on Third Avenue, past Anita where
the street is very wide at one point and then suddenly narrows with no sidewalks. She felt that was a
dangerous situation and that it was a high priority for safety reasons.
City Engineer Swanson stated that we had submitted a project for this to SANDAG for approval with IDA
funding, and they rejected it because their priority was bicycle facilities rather than pedestrian facilities.
Staff is working to find out how we can get money to build it.
The Mayor stated that we designate this as a high priority project.
Draina~e Imorovements: Mayor Nader stated that he did not see anything for drainage improvements. Both
in terms of the items approved last year, which should be included on this list, and the Telegraph Canyon
Storm Drain to the west of Hilltop Park. Even though staff is looking at obtaining Federal Assistance, when
there is a need for a drainage improvement which could save us from significant property or life loss, it
should be included on the list and designated as a very high priority.
Ubrarv WAC Svstem: Mayor asked about the status of the Library WAC System, and if we were really
committed to a WAC System?
Deputy Public Works Director Byers responded that we have looked at a couple of systems and are ready
to go out to bid. They have met with the person suggested by the Mayor, and he agreed that the chillers
needed to be replaced and that there was no other cost effective option.
Mayor Nader encouraged staff to look at alternatives since the WAC system has been increasingly linked
to employee illness.
Marina View Park: Mayor asked about the current status of the Marina View Park and when it would be
reopened for public use.
Parks and Recreation Director Jess Valenzuela stated the park should be opened in about flve weeks (about
the first of March).
Freewav Interchan~e Proiects: The Mayor stated he would like to see the Orange and 1-805 interchange
designated a littler higher priority than average. When Otay starts building, that intersection will have a
lot of traffic.
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Minutes
January 25,1993
Page 3
Councilwoman Horton questioned whether this should have a higher priority than H Street. Mayor Nader
responded that H Street already had an interchange; they need some improvements, but at least they have
a traffic signal. Orange doesn't even have a traffic signal.
GENERAL ADMINISTRATION:
Street Lirnt AcQuisition: Assistant City Manager Morris reported that the item has gone to the SDG&E Board
and on to the PUC for approval.
Councilman Rindone expressed concern reglCrding the dim lighting in the downtown area on Third Avenue.
He suggested that something be done particularly when there are parades, etc.
Councilman Moore stated that when they took the 1925 lights and brought them back new and tested them
at the comer of Third and F, evetyone agreed those were the lights. In the last two years, the City has put
up six or eight cobra head lights in the area, and everyone in the business area agreed with those. This was
completed in 1992. A lot of time and money has been spent on this.
Civil Service Rule Ut>date: City Manager Goss stated that the Civil Service Rule Update is a huge project
given our limited resources.
Mayor Nader asked when would we expect to see something?
Personnel Director Candy Boshell answered it would probably be at least nine months.
Mayor Nader asked if we would see more progress if we acted piece.by.piece as opposed to waiting for the
entire overhaul.
Ms. Boshell responded, possibly. We are actually looking at that in a few areas especially those which need
major revision.
Mayor Nader expressed that we should have a system which allows us to use job titles which describes a
person's function so that the public know what a person's job really is.
Ms. Boshell stated that in those cases, we have a couple of options. We can actually change classification
titles or use working titles on business cards.
Mayor Nader stated that he didn't think it would require changing classification titles, but simply being less
rigid about the titles we use in daily practice.
Performance and ADoraisal System: City Manager Goss stated that we simply have not had the money to
fund this.
Ms. Boshell stated that although it is on hold, we have made some progress. It is simply a very time
consuming project.
Mayor Nader felt that the Civil Service Rule Update and Performance Appraisal System would make a good
subject for a future Council workshop.
NeiS!:hbomood Watch: Mayor Nader suggested that we set up a separate category on Public Safety. This
would obviously be listed under that category.
/9-//
Minutes
January 25, 1993
Page 4
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Councilman Rindone requested a brief report on the Defibrillators as to the number of times used, how many
people were saved, etc. in 1992.
Mayor Nader requested the City Manager inform the Council of staff members responsibilities so when they
have a question in a particular area, they will know who to go to directly.
Recvclinsr. Mayor Nader stated there has been a lot of progress in this area, and he viewed this as a very
high priority because of the AB-939 mandates.
Police Computer Assisted Dispatch - Records Manaltement: Councilman Moore asked about the status.
Police Chief Rick Emerson stated they had a meeting set up to talk with Administration about the proposal
for a Regional CAD system. One of the components would be computers in cars, but that it was costly.
However, we are more concerned about gening a CAD system for the Police Department so we can manage
the information.
Mayor Nader stated this is another item which should be added under a Public Safety heading.
INrERGOVERNMENTAL:
Hilth Priority Items: Mayor Nader felt the high priority items were the Bi-national Airport and the Clean
Water Program.
Councilman Moore felt the Council needed a workshop on the Clean Water Program and the Solid Waste
Disposal maner; and it should be soon.
Boundaries - San Dielto/Chula Vista: Mayor Nader asked what was the issue on this?
City Manager Goss responded that it related to a process which we agreed to enter into with City of San
Diego to jointly plan the area of the Otay Valley regarding the Fenton property. When that is done, there
needs to be a discussion as to how services are going to be provided to that property.
Reltional Crime Lab and Reltional DNA Lab: Mayor Nader felt these were public safety issues.
Chief Emerson stated that the DNA Lab was built by San Diego. The County is currently looking at the
Regional Lab process, but there an $80 million price tag associated with the plan they are looking at. We
have a lab now. If we wanted to do additional testing, we would have to bring in additional personnel. We
have the square footage to do it. His proposal to the Sheriff has been to give us a couple of their criminalist
(they need more space for them anyway), let us house and supervise them, and we will do the work for the
entire South Bay.
International Relations: Mayor stated that since Chula Vista is within the free trade zone proposed under
NAFT A, and we will have from time-to-time issues which come up with foreign governments. He suggested
to look at whether we have some people on existing staff that could be designated to acquire experience to
deal with foreign governments, particularly Mexico.
Financinlt Reltional Facilities: Councilman Moore stated we have had a SANDAG report on this. He had
some concerns and felt that we should get a mutual agreement. Before we start financing regional facilities
and adding a burden to our residents, we should establish a base DIF similar to Chula Vista's.
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Minutes
January 25, 1993
Page 5
Drav Valley Restional Parl<: Councilman Moore felt that if we are going to do anything as far as parkland
in southwest Chula Vista in the regional park area, we don't have to wait for a master plan to say this is the
area we would like to pursue. Get it to the regional team for their input. We should narrow this down.
Mayor Nader asked if we are ready to proceed with property acquisitions under grants issued by the Coastal
Conservancy? Parks and Recreation Director Jess Valenzuela responded that the City of San Diego has
received a $1.5 million from the Coastal Conservancy.
Transit Center: Councilman Rindone stated this item should be added to the list.
,,"Yo"- r'
NAFTA; City Manager Goss stated this item should be added. Mayor Nader felt this should be under the
heading of International Relations.
MASTER PLANNING:
Cultural Arts Center/Bavfront: Mayor Nader stated We should move the Cultural Arts Center and the
Bayfront to a neW level which, he hoped, was of the highest priority. In particular, the completion of the
negotiations that are underway with the Port right now so we have a development partner that has the
experience and where withall to get the project done.
Councilman Moore stated that if the Port does not buy the Bayfront, as a last resort maybe they would buy
the site to build the Cultural Arts Center. If the Port takes on this, We would have less subsidy. Mayor
Nader expressed that the Port probably would want to do the hotel and retail development portion because
it would be more profitable to the them than the Cultural Arts Center or the Ice Rink.
Bonita Inn: Councilman Rindone felt the planning of the Bonita Inn on Bonita Road at the golf course
should be added.
City Manager Goss stated it really should be added under Redevelopment.
LAND USE:
Drav Ranch: City Manager Goss felt this should be divided into two projects. One, the current one, the
general development plan; and two, sphere of influence annexation. The whole annexation issue of Otay
Ranch will be a separate major work effort on staffs part.
Olympic Trainin~ Center: City Manager Goss felt this should be separated into two parts: (1) the general
effort and (2) the financing effort.
Mayor Nader felt that gening financial support was the priority of the Olympic Training Center.
Chula Vista Greenbelt Implementation: Councilman Moore asked if this was a duplication of the Regional
Park.
Mayor Nader felt that the Regional Park was the southern portion of the Greenbelt.
City Manager Goss stated that the Greenbelt went around the City.
19,/,3
Minutes
January 25, 1993
Page 6
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University: Mayor Nader stated that a lot of the workload on this issue was carried privately by Margie
Phares who was an active member of the UC Task Force, and until recently, was retained by Baldwin to
work on the university issue. That is no longer the case. He felt it was imperative that somebody on the
Administrative staff be designated as lead person on the university issue and that it be made a priority.
Mayor stated that the level of assistance to the Task Force has not been the same since Ms. Phares ceased
her relationship with Baldwin. We need to have more active staff support on this issue.
Mayor Nader responded that he was thinking more of the type of activity that Ms. Phares had been
undertaking outside of Task Force meetings.. the contacts with university officials, finding out when they
were going to be here and that we showed off the site, the watch dogging of the Otay Ranch planning
process to make sure the university is properly considered, etc. It is those areas, not the staffmg of the Task
Force meetings, which are important.
City Manager Goss suggested that we talk with Baldwin as to what level support they would be willing to
offer to get somebody to replace the work she was doing. We might even talk to out legislative consultant
to see if they could help us.
Mayor Nader felt the latter suggestion would be a more productive way to go. He felt that Baldwin was in
some economic distress right now.
Maior Development Mayor Nader asked if there was any work on these that would be a priority assignment
for staff.
City Manager Goss responded that it was just like a regular work program. They are ongoing.
Fenton Master Plan: Councilman Moore asked if this was West Fairfield.
City Manager Goss responded this was the property between the 1-5 and I-80S owned by Fenton Materials,
south of Main. This is where there will be a joint planning process between us and the City of San Diego.
Enterprise Zones: Councilwoman Horton inquired if .this was the proper place to include the Enterprise
Zones. We should also add, when it comes up again, the State Enterprise Zones.
Council concurred that both items could be included under land use and under economic development.
FISCAL:
Internal Efficiencies: Councilman Rindone asked what this meant.
City Manager Goss stated we are always looking at internal efficiencies, and it was listed two years ago as
a work effort.
Council concurred this should be left. Mayor Nader felt this should be the highest priority on this list in that
any internal efficiencies we can achieve, getting the same job done for less expenditure, is the best way to
stretch our resources.
State IOUs: Mayor Nader stated that some of the larger cities have been engaging in some creative ways
to find additional resources. Recently, some cities have been buying up some of the State IOUs at a
discounted rate and then bundling them up, speculating in them rather profitably. Others have been looking
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Minutes
January 25, 1993
Page 7
at taking bonds and refinancing them, applying the difference to supplement other programs. He asked if
we were looking at any other those kinds of programs.
City Manager Goss stated we look at any valuable way that would be cost effective versus spending staff time
doing it. He did not think buying up the State IOUs was a great idea. We have done some refmancing.
Host Community Fees/Landfill Facility Fee: Councilman Moore asked what City Manager Goss' goal was
for this.
City Manager Goss responded that we may not be able to proceed unless we have some understanding on
how we are going to handle the garbage. The Flow Control Agreement is going through extensive
discussions by staff.
Councilman Moore stated whether we like it or not, the landfill is going to be here and they will be using
our streets. We need to get this in place.
City Manager Goss stated that we were hoping to implement this around April 1st.
Councilman Moore asked how San Marcos got theirs. City Manager Goss responded they went ahead and
starting collective the fees through the County before the users were even aware of it. They were able to
get the County to payout of their enterprise fund last year as opposed to having to collect it at the landfill
itself. They have taken the lead, and we are riding on their coat tails. There was a point when the County
went to San Marcos to get approval through a CUP. We have not been in the same relationship.
ECONOMIC DEVELOPMENT:
Councilman Rindone stated that the Bonita golf course inn should be added.
City Manager Goss stated there has been some direction by Council that staff should pursue a Walmart in
this community, and it should be added.
Councilman Rindone stated the Pierre Building (Windmill Farms) should be added. City Manager Goss
stated this will probably be added under Redevelopment.
Second Peninsula: Councilman Fox asked what are we doing to achieve a second peninsula. City Manager
Goss responded very little. We did have some discussions with SDG&E when they were doing the
environmental analysis for some dredging in the bay to see if there was any way to use the spoils for the
second peninsula. As it turned out, it was not useable.
Town Center ManaS(er: City Manager Goss stated that this could be deleted.
Mayor Nader expressed that it could be folded in with the Town Centre I - Third Avenue redevelopment -
Town Centre Plan Update. This is still a priority in that we need to see that the person succeeds.
RenaminS( of the Economic Development Section and Other ChanS(es: Mayor Nader felt this section should
be renamed to Economic Development! Jobs in order to emphasize the top goal in this recessionary time.
The economic development policy should be good jobs for the region. He felt the following should be
considered:
Change: Under Economic Development Plan Marketing -- the word Strategy should be added.
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Minutes
January 25, 1993
Page 8
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Add: Rom Retention.. staff be directed not to negotiate for any consideration of a land use change
for the Rom property without prior notification and approval of the City Council. City Attorney
Boogaard stated the item should agenditized. Mayor directed the Clerk add to the February 2nd
agenda an item under his comments regarding direction to staff on the consideration of rezoning
of industrial land.
Cooperation with education and private institutions to maximize job training opportunities should
be a priority under economic development.
Regulatory streamlining: there is more which can be done.
Provision of Industrial Infrastructure in conjunction with the Port and other agencies in the region;
and perhaps with the federal government as part of the economic recovery program.
Enterprise zones as mentioned by Councilwoman Horton.
Environmental technology as mentioned by Councilman Fox.
Biomedical, biotech, and hi-tech EIR Overlay as mentioned by Councilwoman Horton.
* * * (Councilwoman Horton left at 7:20 p.m.) * * *
Broadwav: Mayor Nader stated there is an increasing amount of vacant space on Broadway. Direction had
been given to staff about a year ago to look into and bring back some possible rezoning to encourage some
mixed used development to help revitalize the area. This should be added.
Mayor also felt that the North end of Broadway should be added.
Job Creatin~ Infrastructure: Mayor Nader felt job creating infrastructure should be added. San Diego has
put together a program which we should look at.
REDEVELOPMENT:
Nei~hborhood Revitalization PrOlmlIll: Councilman Moore felt we should take the revitalization program
and make it a three year program, make them more or less independent, and move on to another
neighborhood. This was fairly high on his list.
Town Centre I - Third Avenue redevelopment - Town Centre Plan UJ>date: Councilman Fox felt this should
the highest priority of the City since it is the heart of the City.
Councilman Moore responded that we have put millions of doBars into one half mile of strip shopping. He
wanted to know when we were going to quite hold their hands.
Mayor Nader suggested that this should be rephrased for clear understanding. We are talking about
Economic Revitalization not necessarily the Town Centre Plan or further investment in Town Centre per se,
but opportunities to assist the Town Centre or the Town Manager in their success.
Fundin~ for Nature Interpretive Center. Councilman Rindone stated the funding of the Nature Interpretive
Center should be added to the redevelopment area.
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Minutes
January 25, 1993
Page 9
HUMAN SERVICES/HOUSING:
Mobilehome Relocation Parle Mayor Nader asked if this has been basically taken care of with the Bayscene
deal?
Community Development Director Salomone responded that Bayscene is in the middle of being resolved.
There are some issues with the non-profit and the bonds, so staff is not certain it is going to go through.
Child Care Facilities: Mayor Nader felt we should explore pooling with other agencies in the region that
have programs or might want pool their resources to get programs to move this forward. Its an increasing
need in the City. Maybe we need to look at including in a request for federal assistance in terms of
infrastrucrure for facilities because good child care facilities are the kinds of things which will attract good
paying jobs into the City. Councilman Fox asked if he was talking about pooling resources for both the
Coordinator as well as the facilities. Mayor Nader responded in the positive. Mr. Fox felt we should look
at putting a facility near mass transit as well.
Councilman Moore felt there were a number of churches that would do something with day care, but the
costs were too much to get the facilities to meet the Code. If we encouraged churches to set up day care,
then we could waive all fees.
City Manager Goss stated there is a need for affordable day care. A lot of the churches already have day care
programs, but they do not have them for the extended period of time which is necessary.
Parks and Recreation Director Jess Valenzuela stated that preschools work well in church settings because
youngsters don't have to go to a public school. At Lauderback, the youngsters attend Lauderback School,
whereby the 4-H staff take them to the school and pick them up. The parents can drop the children off and
pick them up all within the same area.
Councilman Fox stated there were also other agencies which would do child care if they had a facility which
was located in an area where they could serve those who need affordable day care. People who can afford
day care, can find it. Those who cannot afford it, have difficulty finding it and often leave their child at
home.
Councilman Rindone stated if you are looking for extensive cooperation, you can get that from the school
districts. Maybe we should be looking at partnerships in child care.
Councilman Moore stated a good subject for this would be Subsidized Tenant Improvements, which means
you are modifying your building internally.
Juvenile Prosmuns: Councilman Fox stated he had a priority to concentrate effort on juvenile delinquency
diversion programs. He felt this was another area in which agencies could come together to pool their
resources.
Subsidized Housinst: Councilman Fox stated he was interested in promoting the sale of real estate property
without involving financial liability on the part of the City. There were programs out there for low and
moderate income which are being utilized that don't necessarily put people into low cost housing apartment-
type buildings, but put them into single family residences. Programs such as silent seconds or other type
of programs exist throughout the Country.
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Minutes
January 25, 1993
Page 10
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Mayor Nader stated that looking for opportunities to expend these type of programs should be one of the
priorities on this list.
Homeless: Mayor Nader stated he would like to see programs added to the list to address homelessness.
POUCY DEVELOPMENT:
Communitv CoWldl Meetinsrs: Councilman Fox asked what was this. City Manager Goss responded that
is when the COWlcil meets in various parts of the City.
Councilman Moore stated this hasn't been done because the Charter curtails it.
Mayor Nader felt this should be put on a future agenda of the Charter Review Commission for consideration.
POTENTIAL PROJECTS:
*
Annual CommWlitv Event - Pride Fair: Councilman Rindone stated we haven't targeted this specific idea
where we have the various ethnic groups and organizations involved in a community pride fair. His
suggestion was to tie in with the Fourth of July since the City already has good activities at the Marina. He
felt the focus was to see if we could ever get this off the groWld. This should be referred to the Parks &
Recreation staff to see if it could be tied into the Fourth of July activities and to see what ideas they come
up with.
Mayor Nader did not want to confine this to the Fourth of July at the expense of other events which staff
is already supporting.
Museum: Councilman Moore stated if you are serious about the museum and if you are looking for a place
for a cultural arts staffer, and if the town manager is really successful, the economical thing to do is to
expand the present building and move it into Phase III of Memorial Park.
PROJECTS ADDED BY COUNCIL:
Computer Sales Center: Mayor Nader felt this was a terrific potential future revenue opportunity for the
City.
PUBUC SAFETY: Mayor Nader requested this category be added and under it add: Programs and Policies
to address issues of Substance Abuse, specifically continued cooperation with the schools on gang education
programs and other substance abuse education programs; to continue the advocacy by the state legislation
to provide life sentencing for drug dealers; and any other things the police or social services agencies may
have in the works to address the problems of substance abuse.
MOTION: Moved by Nader, seconded by Rindone to direct staff to draw up a new list based on the
discussion and bring it back to a future Council meeting for consideration and adoption. Councilman
Rindone felt that we should pick a top ten from the list.
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Minutes
January 25, 1993
Page 11
After some discussion, the motion was modified by both the mover and seconder to pick the top five in each
category and list them first. Motion carried 4-0-1 (Horton absent).
ORAL COMMUNICATIONS
There were none.
OTIffiR BUSINESS
3. orr MANAGER'S REPORTCS) - There were none.
4. MAYOR'S REPORTCS) - There were none.
5. COUNOL COMMENTS - there were none.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:15 p.m.
~_t2 tlrLJ:6
Beverly A. A elet, City Clerk
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Chula VJSla
DOWNTOWN
Business Association
/
Box 381
Chula VIsta
California 91912-0381
Date: Tuesday. April 27
To: Board of Directors
Chula Vista Downtown Business Association
From: Don Swanson
Lady L Fashions
Subject: Resignation
I do hereby tender my resignation from the board of directors. Chula
Vi st a Down t own Bus] rless Assoc j a ti orl .
My personal moral and ethical values are in conflict with those
recently expressed by the majority of the present board members.
I bel ieve everyone has the right of freedom of speech as provided for
in the first amendment of the U.S. Constitution. Any person or
persons abridging this right. or electing not to consider the
concerns of others. is tacking common decency and respect for their
fellowmdn.
Yvonne Apoddcd was denied her rights to express her concerns about the
direction of the DBA. She was only aJ lowed to stdte one Issue. acceSS
to the membership list by an assocldtlon member, before she was
interrupted again and again. It WdS then moved and seconded to have
her name submitted to the general membership to be removed from office
on the board uf directors. I feel confident s~le wi I I retain her seat on
the bOarc.
~s for myself. ] am disheartened by the actions taken by the DBA board.
Respect fu I J y.
\
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M. swa~
Fashions
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My name is Yvonne Apodaca I am the owner of a business
called Baskets, Bags & Tins located at 268 1/2 ThIrd
Avenue in Chula Vista. I am also, on the Board of
Directors for the Downtown Business Association
<DBA) .
When I decided to open a store front I surveyed several
locations: Sea Port Village, Old Town, Bonita Plaza,
Chula Vista Center, North County Fair, Horton Plaza,
Bonita Point and Down Town Chula Vista and with
considerable thought I chose Chula Vista Down Town because
of the anticipated growth that IS going to take place in
East Lake and J Street Marina. The activity that would
take place would attract both tourism and local shopping
in the area.
At this time I am requesting that the City Counsel
stop all payment to Downtown Business Association until a
full investigation is conducted on the misconduct of
procedures done in the Downtown Business Association.
This request would also include the Down Town Manager's
salary.
1. Pg. 3 #10 Membership Book: (Please refer to attached
copy of Bylaws)
I have requested this book on several
occasions and the requested has never been
filled. They claim that no such book excites
2. Pg. 4
#13 Meetings of Members:
This section was ignored and eliminated.
3.
Pg. 5
#15 Notice of Meetings:
This section was ignored and eliminated
4.
Pg. 6
#17 Voting Of The Membership:
This section was eliminated and not practiced
in the last election.
5.
Pg.
#18 Cumulative Voting:
This Section was violated
6. Pg. 6
#19 Proxy Voting:
This section was eliminated and not practiced
in the last election.
C3~C~~--c2-
7. Pg. 7 #20 ACTION WITHOUT MEETING BY WRITTEN BALLOT:
This section was eliminated and not practiced
in last election.
* There was a letter turned in to the Board by
Irving Shoes and was never forwarded it to
the promotional Committee.
8. Pg. 8 #21 CONDUCT OF MEETINGS:
This section has been violated.
Erica take minutes and there was never
any prior approval of the Board for these
funds to be directed in that manner
9. Pg. 8 #22 INSPECTORS OF ELECTION:
This section was eliminated and not practiced
in last election.
10. Pg. 9 #23 BOARD OF DIRECTORS:
The present Board has voted that the
interpretation of this section is that
there would be 13 Board of Directors.
A constant complaint from some of the
Board members is: No one ever wants
to volunteer to help!
With a lot of hard work I was able to
recruit additional members that agreed to
participate as board members. To my sur-
prise the board has now refused to (ill
the seats.
11.
Pg. 9
#24 TERM OF OFFICE:
This section clearly states that after
serving each term you must again be nom-
inated and elected by majority vote to
serve again.
This section has clearly been violated
year after year
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The organizational committee along with
the Board has come up with a solution but,
is in violation of the bylaws
CSee attached sheet)
This section was also violated in the last
election.
12. Pg. 11 #28 REMOVAL OF DIRECTORS:
Though this section may ride on a thin line
I think that careful consideration be taken.
Cb) The Director has been convicted of a
felony;
13. Pg. 13 #33 COMPENSATION:
There is conflict of interest in this section
The President had his cable company submit an
uncalled for proposal to the Promotional
Committee in the amount of 12.500 for adver-
tisment in his cable company.
The ethic here is inappropriate
14. Pg. 13 #36 RECORDS
Over all inadequate records are kept.
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To; Whom it may concern
Re; Down Town Business Assn.
Subj; Compliance to bylaws and promotions
From; Nichael Hace/DBA N & N Jewelers
To address the bylaws of the Downtown Business Assn., is difficult since
I have no copy of them. There is little doubt in my mind that the other
members have ever seen them, let alone have a copy. Every member should be
afforded the courtesy of having a copy of the bylaws of an organization that
they belong to.
From what I have seen of the bylaws, it certainly appears that the Board of
Directors are not folowing them. This is of great concern since the Down-
town Business Assn. is a Non Profit Chartered Corporation that is Chartered
or registered with the State of 'California. If this organization is not
following its own bylaws, then it is safe to say that the State of Calif.
can take away its tax free non profit charter. If it is true that the bylaws
are not being followe~then the Directors of the Downtown Business Assn. need
to be instructed to do so for self protection. Naybe a better word is advised,
it that is possible.
Over the past several years, I have observed the Downtown Business Assn.do
less and less in my opinion to promote the area. I say this because we used
to have a minimum of four events in the downtown area to promote business.
Those events were the Spring Arts and Crafts Show, The Country/Salsa Festival,
the combination Founders Day/Fiesta de La Luna/Octoberfest, and the Christmas
Parade. These four events are all but gone, and have been since the Organization
quit working with the Chamber as helpmates. There is nothing wrong with being
separate from the C.V. Chamber of Commerce, but it would be nice if we could
work together on some of the events to restore them. Cooperation is always
better than alienation when it comes to promoting business. The downtown is
a very viable area and contributes greatly to the tax base of this city and
should at least have people that sincerely want to keep it that way and allow
it to grow and prosper. Not that many people dont care, it just needs more
people that really do. I had been asked to get back involved and again be
one of the directors on the Assn. When I finally went to a meeting, I
learned that the board had decided not to fill vacancies untill election
time. I find it strange that at least eight people have asked me, 'including
several of the current directors, then I go and get shut out. It appears that
they want help, but maybe thats only if you will go along with them and not
make waves. I would sure like to know answers to a lot of things, but if one
is censored in the process of asking questions, then even more becomes suspect.
This does'nt have to be that any thing is actually wrong, it just means that
some one should be available to answer questions and be accountable, especially
if totally different answers are given by different people. Accountability and
integrity are a must when handling the affairs of a large organization such as the
Downtown Business Association. I for one have not been happy with how things have
been run for years, and I admit that my inaction and lack of involvement could
have contributed to the current feelings. We all need to work together to
accomplish the common goal of the Association, and that is to promote business
in the downtown area, be able to do just that in conjunction with the other
business people/and be intimidated by no one other than the valued customers
that we are trying to attract. We can accomplish nothing with bad publicity
except to possbily drive our customers away. Finally, we need each other,
we need to work together, we need each others input both positive and negative,
and we need to be available if called on to help. Noving to a different meeting
location would also be helpful in order to have more merchant participation.
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BYLAWS
OF
CHULA VIS~A :OKNTOWN BUSINESS ASSOCIATION
A CALIFORNIA NON-?ROFI~ ~UTUAL BENEFIT CORPORATION
1. NAME:
The name of the corporation shall be CHULA VISTA DOWNTOWN
BUSINESS ASSOCIATION.
2. PRINCIP.~L OFFICE:
~he principal office of the corporation for the transaction
~- its business 1S located in the Ci ty of Chula Vista, County
of San Diego, State of California. The Board is hereby granted
sole power and authority to place the principal office of the
corporation and switch the same from one location to another
anywhere within the City of Chula Vista, California.
1
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PURPOSES:
~he Association is organized and operated exclusively as
a :nutual benefit corporation as the same is defined under
California Corporations Code Section 5003, et seq. The
Association's pri:nary and specific purposes are:
(a) ~o promote the professional and commercial welfare
of the area set forth hereinafter;
(b) To promote the welfare of the professional and
business men and women in that area;
(c) To
in business
aforementioned
''.C1c:01Jrage efficieuc'
and professions
"._~i r;~_ 11 e,.J'.;cal standCJ~G;;
'~7. without the
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(d) To lr?l.-.j no supr~;rt to '-':I,jjC:..ii.:2.i seeking public
office; and
(e) to c'Jntinue endeavors 1 "', ,', Cn", i'l Vista dO"1i1town
2:r~;a an outstanding co:;:munity In t.I~l;.;,,; ..:').... c.dJl.\ :.1",,-
4. AREA St:RVED:
The Chula Vista :Jowntown Ass'~' "".on is ;:peci::: ,',"'.llly
intended to serve that area set forth and designated with!:
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Chula Vista Municipal Ordinance tlo. 1372, a copy of '"hich is
attached to these Bylaws as Exhibit ".l\" and incorporated herein
~y this reference. The Downtown ~ssociation shall, however, at
times when they deem necessary and N1thin the purposes set forth
above, offer activities and promotion within areas outside of
their designated area.
5. MEMBERS:
(a) Classification and Oualification of Members:
The corporation shall have one class of members only and
the 'foting and other rights, interests and privileges of each
member shall be equal. tJo member shall have any interest or
property right in the assets of the corporation.
(b) Oualification:
Membership in the :::orporation is Qpen to i) any person,
firm or corporation of good standing in the area served engaged
in a legitimate business or professional activity and '"ho is
licensed by the City of Chula Vista to engage in such
act1vities; or ii) who is nominated by the Board of Directors.
(c) Fees and Assessments:
Any person defined hereinabove qualified for membership
under these Bylaws shall be admitted to member'ship upon the
payment of his general business license and the additional
general business license tax levy set forth in Ordinance No.
1372 attached hereto. Said amount shall be assessed ?ursuant
to the authority of the City of Chula Vista and distributed by
the City as per said ordinance to the Chula Vista Jowntown
Association for use in pursuing the purposes set forth
hereinabove.
6. NUMBER OF MEMBERS:
There shall be no limit on the number of members the
corporation may admit.
7. LIABI LITY OF MEMBERS:
A member of the corporation shall not solely, because of
such membership, be personally liable for the debts, obligations
or liabilities of the corporation.
8. TRANSFERABILITY OF MEMBERSHIP:
Membership 1n the corporation is transferarrle and
assignable upon approval of the Board of Directors.
u~~.
7
2.
9. CERTIFICATES OF MEMBERSHIP:
Mem~ership certificates need not be issued. However, the
corporation reserves the rlght to issue identity cards or
similar devices to members which serve to identify members
qualifying as members of the corporation.
l~. MEMBERSHIP BOOK:
The corporation shall keep in written form a membership
book containing the name and address of each member. The book
shall also contain the date of termination of any such
membership. Such book shall be kept at the principal office
of the corporation and shall be subject to the rights of
inspection required by law as is set forth hereinafter.
11. INSPECTION RIGHTS OF ~EMBERS:
Subject to the corporation's right to set aside a demand
for inspection pursuant to Section 8331 of the Corporations
Code and the power of the court to limit inspection rights
pursuant to Section 8332 of the Corporations Code, and unless
the corporat ion prov ides a reasonable al ternat ive to such
inspection as is permitted hereinafter, a member satisfying
the qualifications set forth hereinabove may do either or both
of the following:
(a) Inspect and copy the record of all members' names,
addresses and voting rights at reasonable times on five (5)
business days prior written demand on the corporation, which
demand shall state the purpose for which the inspection rights
are requested; or
(b) Obtain from the Secretary of the corporation, on
wr itten demand and tender of a reasonable charge, a list of
the names, addresses and voting rights of those members
entitled to vote for election of Directors, as of the most
recent record date for which it has been compiled or as of the
date of demand. The demand shall state the purpose for which
the list is requested. The membership list shall be available
on or before the latter of ten (l~) business days after the
demand is received or after the date specified herein as the
date as of which the list is to be compiled.
The rights of inspection set forth hereinabove may be
exercised by the following:
(a) Any member for a purpose reasonably related to
such person's interest as a member;
(b) The authorized number of members for a purpose
reasonably related to the membe.rs' interest as members.
~~~.
3.
fS'
The corporation' may, within ten (10) business ,days after
receiving a demand for inspection set forth aoove, dellver to
the person making such demand a written offer of an
alternative method of achieving the purpose identified in said
demand without providing access to or a copy of the membership
list. An alternative rcethod wnich reasonably and in a t:mely
manner accompl isnes the ?roper purpose set forth in a demand
shall be deemed reasonable unless, ,,,,"thin a reasonable time
after the acceptance of the offer, the corporation fails to do
those things which it has offered to do. Any rejection of the
offer shall be in writing and shall indicate the reasons the
alternative proposed by the corporation does not meet the
proper purpose of the demand made pursuant to these Bylaws.
12. TERMINATION OF ~EMBERSHIP:
The memberShip and
automatically terminate
following:
all
on
rights of membership
the occurrence of any
shall
of the
(a) The death of a memoer;
(b) The dissolution of a corporate member;
(c) The nonpayment of dues and assessments;
(d) The removal of the member's business from the
Association area.
A11 rights of a
property shall cease on
member in the corporation and its
the termination of such membership.
13. MEETINGS OF MEMBERS:
Meetings of members shall be held at the principal office
of the corporation or at such other location '",ithin the City
of Chula Vista, California, as may be designated from time to
time by resolution of the Board of Directors. Such meetings
shall be held at such time as is selected by the Board of
Directors. Such meetings of the members shall include an
annual meeting which will be set by the Board of Directors
normally ln November of each year, at which meeting the
corporation shall select. its Directors. Should such annual
meeting not be held or called by the Board of Directors during
the month of November, the Board shall call a special meeting
of the members for this purpose as soon as practical.
14. SPECIAL MEETINGS:
Special meetings of the members shall be called- by the
Board of Directors or by the Chairman of the Board and held at
such place as is allowed by these Bylaws for regular meetings
of the members. Five percent (5%) or more of the members of
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the corporation may call a special meeting for. any lawful
purpose.
15. NOTICE OF MEETINGS:
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Written notice of every meeting of the members shall be
either personally delivered or mailed by first'-class United
States mail, postage prepaid, not less than ten (10) nor more
than thirty (30) days before the date of the meeting to each
member who, on the record date for notice of the meeting, is
entitled to vote thereat. In the event given by mail or
other means of written communication, the notice shall be
addressed to the member at the address of such member
appearing on the books of the corporation or at the address
given by the member to the corporation for the purpose of
notice. Where no such address appears or is given, notice
shall be given at the principal office of the corporation.
The Secretary of the corporation or any agent designated by
the Secretary shall execute an affidavit of giving the notice
of the meeting of the members. In the case of a specially
called meeting of the members, notice that the special meeting
will be held shall be given not less than twenty (20) days nor
more than forty-five (45) days after receipt of the written
request from such person or persons by the Chairman of the
Board of the corporation.
No meeting of the members may be adjourned more than
forty-five (45) days. If a meeting is adjourned to another
time or place and thereafter a new record date is fixed for
notice or voting, a notice of the adjourned meeting shall be
given to each member of record who, on the date for the notice
of the meeting, 1S entitled to vote at the meeting. The
notice shall state the place, date and time of the meeting.
The notice of any meeting at which the Directors are to be
elected shall include the names of all those who are nominees
at the time the notice is given to the members. ' Such notice
shall also give the general nature of the business to be
transacted at the meeting. The transactions of any meeting
of members, however called and noticed and wherever held,
shall be as val id as though had at a meeting duly held after
regular call and notice if a quorum is present, either in
person or by proxy, and if, either before or after the
meeting, each of the persons entitled to vote but not present
in person or by proxy, signs a written waiver of notice, a
consent to the holding of the meeting, or approval of the
mi:1utes of the meet1ng. All such waivers, consents and
approvals shall be filed with the corporate records.
16. QUORUM:
A quorum at any meeting of the members shall consist of
ten percent (10%) of the voting power represented in person or
~ a-,~~ ,'-/V
by proxy. For the purposes of this bylaw, voting power means
the power to vote for election of Directors at the time any
determination of voting power is made and does not include the
right to vote on the happening of some condition or event
which has not yet occurred. The members present at a duly
called or held meeting 3t '..hich a quorum is present may
continue to transact business until adjournment,
notwithstanding the withdrawal of enough members to leave less
than a quorum, if such action taken, other than adjournment,
is approved by at least a majority of members required to
constitute a quorum. In the absence of a quorum, any meeting
of the members may be adjourned from time to time by a vote
of the majority of the votes represented either in person or
by proxy, but no other business may be transacted except that
in the event a quorum was once present and during the course
of the meeting was lost as is hereinabove provided for.
/
17.
VOTING OF THE MEMBERSHIP:
Each member is entitled to one (1) vote on each matter
submitted to a vote of the members. Single memberships in
which two or more persons have an indivisible interest shall
be voted as but one vote. Where that membership stands as
community property, tenants in the entirety, tenants-in-
common, joint tenants, partnerships or otherwise, unless the
Secretary of the corporation is given written notice to the
contrary and is furnished '",ith a copy of the instrument or
order appointing them or creating the relationship wherein it
is so provided, the acts with respect to voting shall have the
following affect: If only one member votes, such acts shall
bind all members; and if more than one member votes, the act
of the majority so voting shall bind all members. The Board
of Directors shall fix in advance a date as the record date
for purposes of determining the members entitled to notice and
to vote at any meeting of the members. Such record date shall
be set not more than ten (10) days prior to the date required
for notice of any meeting.
18. CUMULATIVE VOTING:
Cumulative voting
election of Directors
candidates receiving the
number of Directors to be
shall not be authorized for
or for any other purpose.
highest number of votes, up to
elected, are elected.
the
Any
the
19. PROXY VOTING:
Members entitled to vote shall have the right -to vote
either in person or by written proxy executed by such person
or his or her duly authorized agent and filed wtth the
Secretary of the corporation. Except as may be prov ided in
these Bylaws or the Articles of Incorporation, that proxy
shall not be valid after the expiration of eleven (11) months
o~~ . -II
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from the date thereof unless otherwise provided in the proxy.
The maximum term of a proxy shall be three (3) years from its
date of -execution. Each proxy shall continue in full force
and effect until revoked by the person executing it prior to
the vote pursuant thereto.
20. ACTION WITHOUT ~EETING BY WRITTEN BALLOT:
Subject to other terms in these Bylaws, any action which
may be taken at any regular or special meeting of the members
may be taken without a meeting, providing there is a
satisfaction of the fallowing ballot requirements:
(a) The corporation distributes a written ballot to
every member entitled to vote in the matter;
(b) The ballot shall set forth the proposed action,
provide an opportunity to specify approval or disapproval of
any ,noposal, and ,novide a reasonable time within which to
return the ballot to the corporation;
(c) The number of votes cast by ballot with the time
period specified equals or exceeds the quorum required to be
present at a meeting authorizing the action; and
(d) Number of approvals equals or exceeds the number
of votes that would be required to approve a,t a meeting at
which the total number of votes cast was the same as the
number of votes cast by ballot.
~i rectors may be elected by wr i tten ballot. Ballots
shall be solicited in a manner consistent with the
requirements of giving notice to members meetings. All such
solicitations shall indicate the number of responses needed to
meet the quorum requirement and with respect to ballots other
than for the election of Directors, shall state the percentage
of approvals necessary to pass the measure submitted. The
solicitation shall specify the time by which the ballot must
be received in order to be counted. The form of written
ballot distributed to ten (10) or more members shall afford an
opportunity on the form of the written ballot to specify a
choice between approval and disapproval of each matter or a
group of related matters intended at the time the written
ballot is distributed to be acted on by such written ballot.
The form shall also provide, subject to reasonable specified
conditions, that where the person solicited specifies a choice
wi th respect to any such matter, the vote must be cast in
accordance therewith. In any election of Directors, any form
of written ballot in which the Directors to be voted on are
named therein as candidates and which is marked by a member
withheld or otherwise marked in a manner indicating that the
authority to vote for the election of the Directors is
withheld, shall not be voted either for or against the
7 c::?~~.~J;2
election of a Director.
A written ballot may not be revoked.
21. CONDUCT OF ~EETINGS:
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The Chairman of the Board of the corporation or in his or
her absence any other person chosen by the majority of the
voting members present, in person or by proxy, shall be
Chairman of and shall preside over the meetings of the
members. The Secretary of the corporation shall act as
Secretary of all meetings of the members or, in his or her
absence, the Chairman shall appoint another person to act as
Secretary. Roberts Rules of Order, as may be amended from
time to time, shall govern the meetings of members insofar as
such rules are not inconsistent with or in conflict with these
Bylaws, the Articles of Incorporation or the law.
22. INSPECTORS OF ELECTION:
In advance of any meeting of the members, the Board may
appoint persons to act as inspectors of the election. If the
inspectors of the election are not so appointed or if any
persons so appointed fail to appear or refuse to act, the
Chairman of any meeting, on request of any member or member's
proxy, must appoint inspectors of the election at the meeting.
The number of the inspectors shall either be one (1) or three
(3). If appointed at a meeting on the request of one (1) or
more members or proxles, the majority of the members
represented in person or by proxy shall determine whether one
(1) or three (3) inspectors shall be appointed. The
inspectors of the election shall perform the following duties:
(a) Determine the number of voting memberships
outstanding and the voting power of each, the number
represented at the meeting, the existence of a quorum and the
authenticity, validity and effect of proxies;
(b) Receive votes, ballots or consents;
(c) Hear and determine all challenges and questions in
any way arising in connection with the right to vote;
(d) Count and tabulate all votes and consents;
(e) Determine when the poll shall close;
(f) Determine the result; and
(g) Do such acts as may be proper to conduct the
election or vote with fairness to all members.
The inspectors shall perform their duties impartially and
in good faith to the best of their ability and as
expeditiously as practical. If there are three (3) inspectors
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of the election, the decision, act or certificate of a
majority is effective in all respects as the decision, act or
certificate of all. On request of the Chairman or any member
or member's proxy, the inspectors of election shall make a
report in writing concerning the performance of their duties
and execute a certificate of any fact found by them. Any
report or certificate made by the inspectors shall be prima
facie evidence of the facts therein stated.
23. BOARD OF DIRECTORS:
The corporation shall have nine (9) regular Directors.
The President, First Vice President, Secretary and Treasurer
shall also be voting members of the board of directors during
their respective tenures In office. The immediate past
President of the corporation shall also serve as a voting
member of the board during his or her term. Each director
s hall have an equal vot i ng right regardless of his or her
capacity as a regular member of the board or as an officer of
the corporation. Any officer sitting in the dual capacity as
both a regular member of the Board and as an Officer of the
corporation shall have but one vote.
24. TERM OF OFFICE:
Each regular Director shall hold office for a term of
three (3) years or until the Director's successor is elected
and qualifies under the terms of these Bylaws.' In the event
that a Director is removed at a special meeting of the members
called and held as is hereinabove prescribed, the Director
shall hold office until his or her removal and his or her
successor is elected and qualifies and no longer. Each
Director of the corporation shall be a resident of the State
of California. He shall further qualify as a member of the
corporation. Any person qualified to be a Director may be
nominated by any method authorized by law. The date for the
close of nominations for the Board shall be fifty (50) days
before the day the Directors are to be elected. Directors
shall be elected by written ballot at the annual meeting or as
is prescribed by written ballot without a meeting as is set
forth hereinabove. The candidates receiving the highest
:-lumber or votes up to the number of Directors to be elected
are elected. Directors shall be eligible for reelection
without limitation on the number of terms they may serve,
provided they continue to meet the qualifications of these
Bylaws. During the first term in office, the Directors shall
be elected on staggered terms such that one-third of the first
Directors shall serve a term of one year, one-third a term of
two years, and one-third a full term of three years. This
method will assure that experienced directors will be on the
Board at all times.
The President shall appoint a nominating committee of
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three (3) members of the Board of Directors,. with the
immediate past President to sit as Chai rman of that panel.
The committee shall prepare a slate of nominees with
sufficient names to fill the vacancies on the Board of
Directors, as well as those offices of President, First Vice-
President, Secretary and Treasurer. The Board of Directors
shall approve or revise the slate submitted by the committee
at the October Board of Directors meeting or as soon
thereafter as possible. The approved slate of nominees shall
be read to the members of the corporation during the regular
meeting, or if possible prior to the date of the meeti~g, the
President may cause the slate to be mailed to each memoer of
the corporation as part of its notice of its annual meeting.
Additional nominations may be made in writing by any three
members of the corporation. Such nominations, however, must
be accompanied by a written statement by the candidate that if
elected, he or she will serve. The written nominations must
be submitted no later than two (2) weeks after the slate
approved by the Board of Directors has been read to the
members at a regularly scheduled meeting or one (1) week prior
to the election of the Directors, whichever comes first. The
election shall be held on November 30th of each year. Should
November 30th fall on a holiday, then on the next business day
following such hOliday.
25. COMPENSATION:
Directors shall serve without compensation.'
26. MEETINGS:
The Directors shall meet a minimum of once a month, at
such time and place as the President of the corporation shall
designate. Said meetings may also be called by the First
Vice-President, Secretary or any two Directors. All meetings
of the Board shall be held at the principal office of the
corporation or at such other location within the City of
Chula Vista as may be designated by the party or parties
calling such meeting.
Regular meetings of the Board shall be held without call
or notice at the principal office of the corporation
immediately following each annual meeting of the members of
the corporation. Special meetings of the Board may be called
by the Cha i rman of the Board or the Pres ident, 0 r any vi ce-
President or the Secretary or any two Directors. A special
meeting shall be held on four (4) days' notice minimum, to be
given by first-class mail, or forty-eight (48) hours notice if
given in person, by telephone or telegraph. Notice of the
special meeting need not be given to any Director who -signs a
waiver .of notice or a written consent to hold the meeting, or
an approval of the mi nu tes thereo f, whether befo re 0 r aft e r
the meeting, or who attends the meeting without protesting,
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prior thereto or a't its commencement, the lack of, such notice
to such Director. All such waivers, consents and approvals
shall be filed with the corporate records or made a part of
the minutes of the meetings.
27. QUORUM:
A majority of the Board of Directors constitutes a quorum
of the Board for transaction of business, except as is
hereinafter provided. Every act or decision made by the
Directors present at a meeting duly held at which a quorum is
~present is an act of the Board; provided, however, that any
'7 meeting at which a quorum was initially present may continue
to transact business, notwithstanding the withdrawal of
Directors, if any action taken is approved by at least a
majority of the required quorum for such meeting. Members of
the Board may participate in a meeting through use of
conference telephones or other similar communication equipment
so long as all members participating in such a meeting can
hear one another. Such participation shall constitute the
personal presence at a meeting. The majority of the Directors
present, whether or not a quorum is present, may adjourn any
meeting to another time and place. If the meeting is
adjourned for more than twenty-four (24) hours, notice of the
adjournment to another time and place must be given. prior to
the time of the adjourned meeting, to the Directors '",10 were
not present at the time of the adjournment.
Any action required or permitted to be taken by the
Board may be taken without a meeting if all members of the
Board individually or collectively consent in writ.i.ng to such
action. Such written consent or consents shall be filed with
the minutes of the proceedings of the Board. Such action by
written consent shall have the same force or effect as a
unanimous vote of the Directors.
28. REMOVAL OF DIRECTORS:
The Board may declare vacant the office of a Director on
the occurrence of any of the following events:
(a) The Director has been declared of unsound mind by
a final order of the court;
(b) The Director has been convicted of a felony; or
(c) The Director has been found by a final order or
judgment of the court to have breached his duties imposed by
Section 7238 of the Corporations Code on Directors who perform
functions with respect to assets held in charitable trusts; or
(d) The Di rector has failed to attend three (3)
consecutive or five (5) non-consecutive regUlarly scheduled
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Board meetings. With regard to removal for failuJ:;e to attend
meetings, the removed Director may be reinstated by a majority
vote of the Directors at a regularly scheduled meeting.
29. REMOVAL WITHOUT CAUSE:
Any Director may be removed without cause if, where the
corporation has fewer than fifty (50) members, such removal
shall be approved by the majority of all members of the
corporation, or where the corporation has more than fifty (50)
members, such removal shall be approved by the members within
the meaning of Section 5034 of the Corporations Code.
30. RESIGNATION:
Any Director may resign effective on giving written
notice to the Chairman of the Board of Directors, the
President, the Secretary or the Board of Directors of the
corporation. Unless the notice specifies a later time for the
effectiveness of such resignation, such resignation is
effectively immediately. If the resignation is effective at a
future time, a successor may be elected to take office when
the resignation becomes effective.
31. VACANCIES:
Vacancies on the Board of Directors shall exist upon the
death, resignation or removal of any Director~ whenever the
number of Directors authorized is increased and on the failure
of the members in any election to elect the full number of
Directo~s authorized. Vacancies on the Board of Directors may
be filled by approval of the Board of Directors or if the
number of Directors then in office is less than a quorum, by:
(a) The unanimous written consent of the Directors
then in office;
(b) The affirmative majority vote of the Directors
then in office at a meeting held pursuant to notice or waivers
of notice as provided hereinabove; or
(c) A sole remaining Director.
"1(
Vacancies created by the removal of Directors, however,
shall be filled only by the approval of the members within the
meaning of Section 5034 of the Corporations Code. The members
may elect a Director at any time to fill any vacancy not
filled by the Directors.
32. OFFICERS:
The officers of
First Vice-President,
the corporation shall be a President,
Secretary, a Chief Financial Officer and
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such other officers with such titles and duties as shall be
determined by the Board and as may be necessary to enable it
to sign ~nstruments. The President is the General Manager and
Chief Executive Officer of the corporation. Any number of
offices may be held by the same person. The officer shall be
elected from the membership, and may be a member of the Board
of Directors. To be eligible to hold office, an officer must
be a member for at least one (1) year. The term of office for
an officer shall be one (1) year and shall commence on the
first of January each year. Any officer may resign at any
time on written notice to the corporation without prejudice to
the rights of that officer to remain as a member of the Board
of Directors.
33. COMPENSATION:
The officers of the corporation shall serve without
compensation.
34. EXECUTION OF INSTRUMENTS:
The Board of Directors may authorize any officer or agent
of the corporation to enter into any contract or execute and
deliver any instrument in the name of or on behalf of the
corporation. Such authority may be general or confined to a
specific instance.
35. AUTHORITY OF OFFICERS AND AGENTS:
Unless authorized by the Board of Directors, no officer,
agent or employee shall have any power or authority to bind
the corporation by any contract, purpose or in any amount.
Except as is otherwise specifically determined by resolution
of the Board, or otherwise required by law, checks, drafts,
promissory notes, orders for the payment of money and other
evidences of indebtedness of the corporation shall be signed
by the Treasurer and the President or First Vice-'President in
the absence of the President of the corporation. All funds of
the corporation shall be deposited into such banks or trust
companies or other depositories as the Board of Directors may
select. The Board of Directors may accept on behalf of the
corporation any contributions, gifts, bequests or devises for
t he general purposes or for any special purposes of the
corporation.
36. RECORDS:
The corporation shall keep adequate and correct records
of account and minutes of proceedings of its members, Board
and committees of the Board. The corporation shall also keep
a record of its members, giving their names and addresses.
The minutes shall be kept in written form. Other books and
records shall be kept in either written form or in any other
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form capable of being converted into written form. The
corporation shall also keep and maintaln adequate and correct
accounts of its properties and business transactions,
including accounts of its assets, liabilities, receipts,
disbursements, gains and losses.
37. ANNUAL REPORT:
The corporation shall notify each member yearly of the
member's right to receive a financial report pursuant to
Corporations Code Section 332l(a), except where the
corporation does not have more than one hundred (HHl) members
or more than $10, ,HHl. fHJ in assets at any time dur i ng the
fiscal year. On the written request of a member, the Board
shall promptly cause the most recent annual report to be sent
to the requesting member. The annual report shall be prepared
not later than one hundred twenty (120) days after the close
of the corporation's fiscal year. The annual report shall
contain in appropriate detail the following:
(a) A balance sheet as of the end of Such fiscal year
and an income statement and statement of changes in the fiscal
position for Such fiscal year;
(b) A statement of the place where the names and
addresses of the current members are located;
(c) Any information concerning certain transactions
and indemnifications required by Corporations Code- Section
8322.
The annual report shall be accompanied by any report
thereon of independent accoun tan ts, or if there is not s uc h
report, the certificate of any authorized officer of the
corporation that such statement was prepared without audit
from the books and records of the corporation. The
,
corporation shall furnish annually to its members a statement
of any transactions or indemnifications described in
Corporations Code Section 8322 (d) and (e) if Such transaction
or indemnification took place. SUch annual statement shall be
affixed to and sent with the annual reports described
hereinabove.
38. CORPORATE SEAL:
The Board of Directors may adoot, use and at will alter a
corporate seal. SUch seal, if ado'"pted, shall be aff ixed to
all corporate instruments, but the failure to affix it shall
not affect the validity of any such instrument.
39. FISCAL YEAR:
The fiscal year of the corporation shall be the calendar
y.
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year.
40. - EFFECTIVENESS OF BYLAWS:
The Bylaws shall become effective immediately upon their
adoption. Amendment to these Bylaws shall become effective
immediately upon their adoption unless the Board of Directors
or members, in adopting them as is hereinafter provided,
provide that they are to become effective at a later date.
Subject to the limitations contained in the Articles of
Incorporation or any provision of the law applicable to the
amendment of Bylaws of a non-profit mutual benefit
corporation, these Bylaws or any of them may be amended,
altered or repealed and new Bylaws adopted by the Board of
Directors or by the members as follows:
(a) By Directors: Subject to the power of the members
to change or repeal them, by a vote of two-thirds of the
Directors present at any special or regular meeting of the
Board of Directors at which a quorum is present, provided that
written notice of such a meeting and the intention to change
the Bylaws thereat is delivered to each Director within the
time periods provided for notice hereinabove set forth.
(b) By Members: By a vote of written assent of two-
thirds of a quorum present at a meeting duly called and
noticed for the purpose and in accordance w~th the notice
requirements hereinabove set forth.
41. PROHIBITION AGAINST SHARING CORPORATE PROFITS:
No member, Director, officer, employee or other person
connected with the corporation, or any other private
individual, shall receive at any time any of the net earnings
or pecuniary profits from the operations of the corporation,
provided that this provision shall not prevent payment to any
such person of reasonable compensation for services rendered
to or for the corporation in effecting any of its purposes as
shall be fixed by the resolutions of the Board of Directors.
No such person or persons shall be enti tled to share in the
distribution of and shall not receive any of the corporate
assets upon dissolution of the corporation. All members of
the corporation shall be deemed to have expressly consented
and agreed that on such dissolution or winding up of the
affairs of the corporation, whether voluntarily or
involuntarily, the assets of the corporation after all debts
have been sa tis f i ed then rema i ni ng in the hands of the Board
of Directors shall be disbursed as is required by the Articles
of Incorporation and not otherwise.
42. CONSTRUCTION:
As is used in these Bylaws, the present tense includes
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past and future tenses, the masculine gender includes feminine
and neuter, and the singular includes plural and visa versa.
The word "shall" is mandatory and the word "may" is permissive.
CERTIFICATION BY SECRETARY OF
CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION
I hereby certify that I am the duly elected and acting
Secretary of said corporation and that the foregoing Bylaws
comprising 16 pages, constitute the Bylaws of the corporation
as duly adopted at the meeting of the Board of Directors thereof
held on ,Janllary 10 ,1989.
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, 1989.
DATED:
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Secretary
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My observation on the Town Manager.
The Town Manager has absolutely no idea of how to generate
the funds of Fifty Thousand Plus Dollars ($50,000.00) that
is needed for the association to run on its own.
I think I had an open mind on our new manager until she
said" We will close the street for any event, It does not
cost us anything!" But, The real SHOCKER was when she
said .. We will sell popcorn at the Cincofest to make
money.
The Town Manager has said "I will do what ever I
want to do without approval, I just. will not. t.ell t.hem."
She has also asked me t.o part.icipat.e in her lit.t.le plan
and I said 'You can't. do t.hat. it.s just. not. right..'
I am some what surprised t.hat. the cit.y has not. request.ed
some kind of Business Plan from t.he Town Manager.
At. t.his point. my evaluat.ion of t.he Town Manager is t.hat.
she would make an excellent. Town Manager in an area where
t.he populat.ion is less t.hat 2,000.
M~.
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MEMORANDUM
April 22, 1993
TO:
FROM:
The Honorable Mayor and City Council r (
Chris Salomone, Community Development Director ()lJ
SUBJECT: Chula Vista Human Services Council - Agenda Item 21
Staff and the Human Services Council recommend that this item be continued to the meeting of
May 11, 1993.
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COUNCIL AGENDA STATEMENT
Item ,;l ~
Meeting Date 4/27/93
ITEM TITLE:
Report on Proposed Country Club Neighborhood Intersection
Improvements
SUBMITTED BY:
,
Director of Public worksr
City Manager J~ ~ ~~
(4/5ths Vote: Yes_No...xJ
REVIEWED BY:
In 1988, Mr. and Mrs. Stephen Savel, 53 Sierra Way, requested that the City take action to
correct an accident problem where they live. This residence has been the site of four traffic
accidents over a period of 12 years. The City Council, in 1989, approved the installation of
temporary traffic control channelization devices (delineators) on Country Club Drive at: First
Avenue, Palomar Drive, and Sierra Way. The purpose of these traffic measures was twofold:
to discourage non-Country Club motorists from short-cutting through the neighborhood and
reduce vehicular speeds. In late 1992, some of the area residents requested that the delineators
be removed since the delineators were worn and, therefore, unappealing visually. A more
permanent solution, such as raised medians, was requested so that all of the delineators could
be eliminated. Staff and the Safety Commission have met with area residents and have
tentatively approved median designs which would function as the delineators have.
RECOMMENDATION: That the City Council approved the retention of the existing
temporary delineators on Country Club Drive and First A venue, Palomar Drive, and Sierra
Way; and defer construction of a permanent design solution consisting of stamped concrete
medians, until funds are available to construct the permanent medians.
BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, on November
12, 1992, voted 5-0-2 (Matacia and Padilla absent) to direct staff to schedule a neighborhood
workshop meeting to obtain a consensus on a permanent design solution for the intersections of
Country Club Drive and: 1) First Avenue, 2) Palomar Drive, and 3) Sierra Way. The workshop
meeting was held on January 25, 1993, at which time the Country Club Estates residents
indicated a preference for decorative concrete medians for the three subject intersections.
On February 11, 1993, the Safety Commission voted 5-0-2 (Braden and Padilla absent) to utilize
the least expensive solution consisting of asphalt raised medians for the three intersections and
to remove the delineators.
DISCUSSION:
In an attempt to reduce the number of accidents in the Country Club Estates area, the City
Council in 1989 approved the temporary installation of traffic channelization delineators at three
intersections of Country Club Drive and: First Avenue, Palomar Drive, and Sierra Way. At
that time staff was directed to monitor the effectiveness of these temporary safety measures.
During the four year period, speed, volume studies and accident statistics in the Country Club
Estates area have shown that the temporary delineators on Country Club Drive and the three
02.2-/
Page 2, Item 02..2.
Meeting Date 4/27/93
intersections of: First A venue, Palomar Drive and Sierra Way have been effective in enhancing
traffic safety. Eastbound traffic speeds and volumes were generally reduced. Table 1, attached,
is a summary of the speed and volume study results from 1988 through August 1992.
ACCIDENT HISTORY
Staff has reviewed the accident history for the area for the period of January 1, 1989 through
December 31, 1992, a period of 4 years, and found that there have been no reported accidents
at the following intersections with Country Club Drive: Palomar Drive and Sierra Way. Mr.
Steve Savel of 53 Sierra Way initiated this project after his residence had been the location for
4 traffic accidents over a period of approximately 10 years. The temporary delineators have
been successful in reducing the number of traffic accidents in the area. There have also not been
any accidents occurring at 53 Sierra Way, since the delineators were installed. There was one
reported accident at the intersection of First Avenue and Country Club Drive. This accident
occurred on December 14, 1992 at 12:09 p.m. and involved an eastbound vehicle attempting a
left turn to go north, broad siding a northbound through vehicle. This accident was not attributed
to the temporary delineators at the intersection, but instead to driver inattention.
Similarly, the accident history for all midblock locations of Country Club Drive also shows that
there has been only one reported accident. This accident occurred on December 12, 1992 at
3:20 p.m. and involved two southbound vehicles in the area bounded by Sierra Way and
Palomar Drive. This accident was caused by a southbound vehicle turning right into their own
driveway and being rear ended by a second southbound vehicle which was following too closely.
SAFETY COMMISSION
On November 12, 1992, the Safety Commission voted 5-0-2 (Matacia and Padilla absent) that
staff schedule a neighborhood workshop meeting and approve median designs for the three
subject intersections. In late December 1992, staff mailed out approximately 150 notices to all
area residents bounded by First A venue to the west, K Street to the north, Hilltop Drive to the
east and Palomar Drive to the south inviting them to attend the workshop meeting. Some notices
were mailed to other interested residents living outside these boundaries. The workshop meeting
was held on Monday, January 25, 1993. A total of 8 area residents, representing 7 homes out
of 150 residents notified were present. At the workshop, 5 alternative design solutions for each
of the three subject intersections with the intersection of Sierra Way having one additional
alternative were evaluated.
A "ballot" containing all of the 16 alternatives and their cost was distributed to all in attendance
(see attachment). Costs varied from $2,750 to $29,375 per median design alternative. Each of
the 16 alternatives was evaluated on the basis of aesthetics, cost and through traffic
maneuverability. The following three median design alternatives on Country Club Drive were
selected by the residents (two with minor modifications) as their preferred choice:
;<,2-:2
Page 3, Item ~.2.
Meeting Date 4/27/93
1. At First Avenue A raised stamped concrete median, estimated cost is
$40,750. "
2. At Palomar Drive A raised stamped concrete centerline median, which is
slightly wider at the west end, estimated cost is
$10,180. "
3. At Sierra Way A raised stamped concrete centerline median with the
west end slightly skewed to the south, estimated cost is
$9,070. It was also mentioned that this median design
shall not restrict passenger car movements in and out of
Mrs. Woods residence at S9 Sierra Way. This
residence is located at the north east corner of Country
Club Drive and Sierra Way."
*Includes administration, design engineering, inspection, surveying and construction
contingency costs. Total cost = $60,000
Staff has considered the following options:
1) No Action - the existing delineators would be left as is at the three subject
intersections.
2) Asphalt Concrete (A.C.) Medians - an A.C. median could be installed at
each of the three subject intersections. Staff feels that asphalt medians are
an acceptable alternative. Although asphalt requires some periodic
maintenance, asphalt is still considered cost effective. If funds were
available, City forces could construct asphalt medians and thereby save
engineering and administrative costs associated with private contract
improvements. Estimated cost to construct 3 asphalt medians using City
forces is $11,700.
3) Stamped Concrete Medians - this is the most expensive option with an
estimated cost of $60,000. This alternative was favored by area residents.
The surface of each median would have a decorative concrete pattern (see
table above).
FINANCING
The estimated construction cost for the resident's preferred median alternatives is estimated to
be $60,000 which includes administration, design engineering, inspection and surveying, and
construction contingency costs. As noted in the previous section, accident data reveals that there
no longer exists a demonstrated safety problem at the subject three intersections. The temporary
measures have been effective. Since the delineators have proven to be effective in improving
traffic safety in the neighborhood, its replacement with stamped concrete medians is viewed
more for its beautification benefit than improving safety further. When taking into account this
good safety record and the lack of available funding coupled with numerous other citywide
projects, such as: drainage, sewer, and road widening projects and pavement maintenance
~-3
Page 4, Item .J...)..
Meeting Date 4/27/93
problems competing for a share of the limited Gas Tax funds available, the proposed intersection
improvements receives a low rating. Projects receiving a high rating are based on safety,
service to the public, user benefits and economics. For example, street resurfacing has a high
return on investment, since it preserves the integrity of the infrastructure which provides better
service to handle higher traffic demands and congestion. In addition, the medians will continue
to serve to remove area traffic from the neighborhood streets and that is clearly a benefit to the
neighborhood.
Since the proposed stamped concrete design solution is considered more of a beautification
enhancement, staff at the workshop suggested that this proposal be funded by the benefiting
neighborhood. This funding source could be via an Assessment District in which all of the
approximately 60 residences which would benefit most would share in the cost of their proposal.
Each residence would pay their share of the entire project costs. Other financial methods may
be more cost effective because the added cost to administer an assessment district would be
substantial. For example, if an assessment district were to be established, the costs for setting
up and administering the district would double the project costs to approximately $120,000.
Since the demonstration project with the delineators has been shown to be effective in reducing
the number of accidents and vehicular speeds in the area, staff sees the raised median project
as a beautification project only. Therefore, staff included in the "Country Club Estates Median
Project Ballot" (see attachments) two questions relating to whether or not the area residents are
willing to participate into an assessment district. The area residents in attendance at the
workshop meeting overwhelmingly rejected the idea of participating in an assessment district.
The residents felt that the City should pay for the entire project costs based on the safety benefits
derived from the proposed intersection improvements which will enhance traffic safety for all
citizens of Chula Vista. One alternative also discussed was that the residents would pay for all
costs above what asphalt medians would cost. In this way, residents would pay only for the
beautification costs provided by stamped concrete. This enhancement cost is estimated to be
approximately $28,750 of the $60,000 project cost. Not all residents in attendance were in favor
of this alternative.
Staff recommends that the delineators be left in place. The maintenance of the delineators is
included in our routine maintenance program. Replacement of the delineators with stamped
concrete medians should be considered either when funding for a CIP project becomes available
or if the area residents are willing to pay its costs through an assessment district or some other
financing arrangement. As an alternative, the City Council may wish to consider:
implementation of the least costly alternative (asphalt - $11,700) now and direct staff to identify
a source of funds.
Another alternative is to install the asphalt median at Country Club and First Avenue only, at
a cost of $5,825 and remove the delineators at the other two intersections. Staff believes the
drop in traffic volume and accident rate is attributable primarily to the striping and delineators
at Country Club Drive and First Avenue. The other islands tend to slow drivers down at that
particular intersection, but with a reduced traffic volume, and elimination of out of neighborhood
traffic, the problems should not re-occur. If this alternative is approved, staff would monitor
the volume and speed of traffic and reinstall delineators if necessary.
.:l,;.-~
Page 5, Item .;J,.
Meeting Date 4/27/93
FISCAL IMPACT:
Country Club and First Avenue
Country Club and Palomar
Drive
Country Club and Sierra Way
TOTAL
Alternative 1
Asphalt Medians
$5,825
3,125
Alternative 2
Stamped Concrete
Medians
$40,750
10,180
2.750
$11,700
9.070
$60,000
ATTACHMENTS: Area Plat
Ballot with design alternatives
Median design proposals (3)
Table 1
NOT SCANNEIiafety Commission Minutes dated 11/12/92 and 2/11/93 (excerpt)
O . Summary of Country Club Estates Median Proiect
N TSCANNED '
WPC F:\home\engineer\agenda\country.clb
File No.: KY-158
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Dr.wn By: Title: _______ BOUNDARY OF ASSESSMENT DISTRICT ______ .
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D.M. W.'Fa
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AREA PLAT
January 25, 1993
File No. 'KY-158
Country Club Estates Median Project
Ballot
Name:
Address:
I AM IN FAVOR OF THE FOLLOWING MEDIAN ISLAND DESIGNS:
I.
First Avenue and Country Club Drive
Rank in order of preference (1 . Highest
5 . Lowest)
1:==1 Alternative 1 Leave As Is With Delineators (Pylons)
1::=1 Alternative 2 ($ 5,825) Asphalt Median No Sidewalk
1:==1 Alternative 3 ($ 6,250) Asphalt Median And Sidewalk
1::=1 Alternative 4 ($27,500) Stamped Concrete No Sidewalk
1:==1 Alternative 5 ($29,375) Stamped Concrete With Sidewalk
II. Palomar Drive and Country Club Drive
Rank in order of preference (1 . Highest
5 . Lowest)
1::=1 Alternative 1 Leave As Is With Delineators (Pylons)
1:==1 Alternative 2 ($ 3,125) Asphalt Centerline Median
1::=1 Alternative 3 ($ 5,625) Northeast Corner Curb Modification
1:==1 Alternative 4 ($ 6,875) Stamped Concrete Centerline Median
1:==1 Alternative 5 ($ 8,750) Two Medians With Stamped Concrete
III. Sierra Way and Country Club Drive
Rank in order of preference (1 'c Highest
0,
6 c Lowest)
1:==1
1::=1
1::=1
1::=1
1::=1
1:==1
Alternative 1 Leave As Is With Delineators (Pylons)
Alternative 2 ($ 2,750) Asphalt Centerline Median
Alternative 3 ($ 5,875) Two Asphalt Medians
Alternative 4 ($ 7,800) Southeast Corner Curb Modification
Alternative 5 ($ 6,125) Stamped Concrete Centerline Median
Alternative 6 ($21,625) Two Medians With Stamped Concrete
IV. Assessment District (Check One Box Only)
1::=1 YES, I AM WILLING TO PARTICIPATE IN AN ASSESSMENT DISTRICT
1:==1 NO, I DO NOT WANT TO PARTICIPATE IN AN ASSESSMENT DISTRICT
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T I , L I
COUNTRY CLUB DRIVE & FIRST AVENUE
PROPOSED MEDIAN DESIGN ~~ - 8"
DATE
1/25/93
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TIT L E
COUNTRY CLUB DRIVE & SIERRA WAY
PROPOSED MEDIAN DESIGN eJ.:2 -7
DATE
1125/93
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TIT I. E
COUNTRY CLUB DRIVE & PALOMAR DRIVE
PROPOSED MEDIAN DESIGN .).~ -/ tl
-----------
DU[
1/25/93
----------
TABLE I
COUNTRY CLUB AREA
DEMONSTRATION PROJECT
85TH PERCENTILE SPEED MPH AVERAGE SPEED MPH TRAFFIC VOLUME (24 HRS)
LOCATION DIR 1988 June 1989 Aug. 1992 1988 June 1989 Aug. 1992 1988 June 1989 Aug. 1992
844 Country Club Dr. EB 31.9 29.3 28.0 28.3 26.4 25.6 1.066 868 651
37 Palomar Drive WB 37.8 . 33.9 29.2 31.0 29.3 26.8 330 280 181
40 Palomar Drive EB 38.3 33.9 26.9 28.9 29.3 25.7 658 516 270
37 Sierra Way WB 33.6 37.6 35.4 29.1 31.6 30.3 370 274 200
36 Sierra Way . EB 39.6 45.2 34.7 31.4 32.1 29.9 682 518 333
~
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.
MINUTES OF A REGULAR MEETING
OF THE CHULA VISTA SAFETY COMMISSION
Thursday, November 12, 1992
7:09 p,m.
Conference Rooms 2 & 3
Public Services Building
CALL TO ORDER
1. Roll Call:
Present:
Chair Thomas, Commissioners Braden (left at 8:50 p.m.) Chidester,
Koester, and Pitts
Excused Absence:
Vice Chair Padilla, Commissioner Matacia
Also Present:
Hal Rosenberg, Traffic Engineer; Frank Rivera, Associate Traffic
Engineer; Sgt, Tom Schaefer, Police Sergeant; Shirley Buxton,
Recording Secretary
2. Pledee of Alleoiance/Silent Prayer
3.
Ooenine Statement
Read by Chair Thomas
4. Aooreval of Minutes August 13, 1992 - No Action Taken
MSC (Koester/Braden) to approve the Safety Commission Minutes of October 8, 1992 as presented.
Approved 5-0-2 with Vice Chair Padilla and Commissioner Matacia absent.
5. Soecial Orders of the Dav:
Dawn Herring, Budget Manager, presented the current budget situation to the Commission, She also
indicated that the Commission would be asked to return 2% of their budget this year.
MEETING AGENDA
,
6. REPORT on Country Club Estates Median Design Proposals
Frank Rivera presented staff's report.
Dr. W. 8. Knox.. 857 Country Club Drive. Chule VistJI. CA 97977. said he was representing his
neighbors and did not understand staff's proposed recommendation and that it would not help the
situation. He said that the current pylons were not a deterrent.
Clint SBdler. 47 Palomar Drive. Chula VistJI. CA 97977. said that the delineators had reduced
accidents and that the area was quieter and safer. He indicated that the design did not matter, but
urged the Commission and staff to make something permanent. He asked that when money was
available, an attractive median be installed.
Mike Green. 43 Palomar. Chula VistJI. CA 97977. said that staff's previous proposals were more
attractive, He was willing to help pay for an attractive median through assessments. Staff's current
proposal would not solve the problem and asked the Commission to look at previous proposals.
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Safety Commission Minutes
November 12, 1992
Page 2
Steve s.vel, 53 Sierra Way, Chula VistJI, CA 97911. said there had been four accidents which
affected his property prior to the installation of the delineators. He said with staff's current proposal,
cars could still go on the wrong side of the street and hit the curbs. He stated that the previous
options were a safer design. He said a median in the middle of the street would help to keep motorists
on the correct side of the street, which would assist in safety.
Hal Rosenberg said that engineers tried to develop "forgiveness" in a roadway. A median was
considered an obstacle to traffic and designs should not be too severe to cause motorists problems.
He said if the presented solutions were not acceptable, staff could come back with additional
alternatives at a later date.
Clyde Bushong. 856 Country Club Drive. Chula Vi.rtJI. CA 97911. said the temporary intersection had
been in place now for three years. He said delineators had not worked on Sierra Way, but had worked
on Palomar Drive because the streets were opposite. He said the delineators had not helped in slowing
cars down. Even though there had been a reduction in the number of cars, speeds were increasing.
He said that the surrounding areas were 30 and 35 mph and motorists did not realize that they were
entering a 25 mph zone. He said there were no speed signs in the area and recommended that staff
install signs.
Patty Sheffield. 834 First Avenue. Chula Vista. CA 97977. originally suggested that Country Club
Drive be a cul-de-sac at the First Avenue intersection. She said motorists go on the wrong side of
Country Club Drive from First A venue. A pressed concrete median was expensive and suggested a
.,edian with grass landscaping in the center.
iohn Sheffield. 834 First Avenue. Chula VistJI. CA 97977 said the current median at First Avenue and
Country Club Drive did not stop motorists from travelling on the wrong side of the street. He asked
why staff could not re-adjust the curbs at First A venue and Country Club Drive and install different
medians.
Shirley Buxton, Recording Secretary, read two leners into the record from Glen Goerke, 877 Country
Club Drive, and Jane Yagada.
Chair Thomas said he didn't want to see more proposals and felt the current program was effective.
He said he wanted to see staff work with the residents to find a solution that would be pleasing to as
many people as possible.
MSC IThomaslBradenl that staff put together a neighborhood workshop and make a design that would
make a majority of the residents happy. Approved 5-0-2 with Vice Chair Padilla and Commissioner
Matacia absent. .
7. REPORT on Parking Concerns for the 400 block of Nickman Street
Thomas Silva. 7730 Rfth Avenw. Chufa Vi.rtJI. CA 97977. representing the Sweetwater Union High
School District indicated that there were approximately 2,100 students during the day. The traffic was
heaviest early in the morning and again in the evening. There were 224 student parking spaces and
44 staff parking spaces. In the northwest corner of the Chula Vista Adult School lot, the District was
"uilding another parking lot which would hold approximately 45-50 cars. The lot was expected to be
Jmpleted next spring. The architect was currently working on the drawings and Mr. Silva would be
'orking on the specifications. He planned to take the item before the School Board early next calendar
year. He said 22 parking spaces were already added this year.
Chair Thomas said the residents complained that there was no set date for the project and asked the
date of construction. ;~ -1.'3 ..~. "" ., .. "". "" 1"'-'["10;'
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MINUTES OF A REGULAR MEETING
OF THE CHULA VISTA SAFETY COMMISSION
Thursday, February 11, 1993
7:04 p.m.
Council Chambers
Public Services Building
CALL TO ORDER
1. Roll Call:
Present:
t:hair Thomas, Commissioners Chidester, Koester, Matacia, and Pitts
Excused Absence:
Vice Chair Padilla, Commissioner Braden
Also Present:
Harold Rosenberg, Traffic Engineer; Frank Rivera, Associate Traffic
Engineer; Sgt. Tom Schaefer, Police Sergeant; Shirley Buxton,
Recording Secretary
2. Pledee of AlleeiancelSilent Praver
3.
Openine Statement
Read by Chair Thomas
4. Approval of Minutes August 13, 1992 and December 10, 1992
August 13, 1992 - No action taken.
MSC (Koester/Chidester) to approve the Safety Commission Minutes of December 10, 1992 as
presented. Approved 4-0-2- 1 with Vice Chair Padilla and Commissioner Braden absent and
Commissioner Ma1acia abstaining,
MEETING AGENDA
5 REPORT Country Club Estates Median
Frank Rivera presented staff's report.
Chair Thomas asked if the raised asphalt median could be done in the 92/93 fiscal year.
Mr. Rivera said staff would have to find a fund source for this project but was unsure if it could be
done in 92/93 fiscal year. The City Council would have to approve the project and then it would be
placed in the Capital Improvement Project program as soon as a fund source could be identified.
Harold Rosenberg said the residents at the workshop meeting did not feel they should have to pay for
the improvement and the City should assume all costs. Staff was not in a position to go to the City
Council to recommend the project because of competing demands for other projects in the City. If
Council were to consider this project, they would be looking at other projects throughout the City as
well. Staff felt the beautification of the stamped concrete median was not necessarily related to the
safety benefits derived from the island itself. Staff was prepared to look at having City forces install
an asphalt median of minimal at Palomar Drive and Country Club Drive to provide the same effect of
a stamped concrete island using traffic paint to delineate the berm. It was not as attractive as
stamped concrete, but it would be more attractive than the delineators that were currently in place.
MS (Thomas/Koester) the Safety Commission approve a raised asphalt median to replace the current
delineators at all three intersections.
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Safety Commission Minutes
February 11. 1993
Page 2
Chair Thomas said he could not justify the cost of beautification and did not want to go the City
Council with that recommendation or an assessment district set up to pay for the beautification
project.
Commissioner Chidester said two residents had contacted him regarding the intersen;on of First
Avenue and Country Club Drive and suggested that the current island be moved.
SUBSTITUTE MOTION: (Thomas/Koester) the Safety Commission approve a raised asphalt median at
Country Club Drive end Palomar Drive and Sierra Way and Country Club Drive and eliminate the current
delineators.
Harold Rosenberg clarified that staff could go the Council and ask that the delineators be removed by
City forces and replaced with a temporary asphalt berm until funding could be found for full raised
medians.
VOTE ON MOTION: Appro.ved 5-0-2 with Vice Chair Padilla and Commissioner Braden absent.
6. REPORT Request for an On. Street Handicap Parking Stall at 430 Davidson Street
Frank Rivera presented staff's report.
MSC (Chidester/Matacial that the Safety Commission accept staff's report and recommend to the City
.uncil to approve the installation of one handicap parking stall adjacent to the State legislator's office
ell 430 Davidson Street. Approved 5-0-2 with Vice Chair Padilla and Commissioner Braden absent.
7. ORAL COMMUNICATIONS
Eugene leonart, 875 Oak/awn Avenue, Chu/a Vista, CA 91911, spoke to the Commission about the
600 block of Sierra Way. He said nine stop signs had been installed on Sierra Way within a quarter
mile area and felt it was a waste of money. He said last year the cross gutters were removed so cars
did not hit a large dip in the road and now vehicles had to stop at stop signs. There were stop signs
between K and L Street which were quarter mile streets. He was disgusted that money was spent that
way.
Frank Rivera said he would prepare a report for the next Safety Commission meeting.
STAFF REPORTS
8. 1992-93 CIP Status Reoort - Distributed for Commissioner information.
9. Chula Vista Police Deoartment. Traffic Summary for October (Revised!. November and
December 1992 - Distributed for Commissioner information.
Attendance Policv - Distributed for Commissioner information.
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COUNTRY CLUB ESTATES MEDIAN PROJECT
SUMMARY OF CITY COUNCIL AND SAFETY COMMISSION MEETINGS
Mr. and Mrs. Stephen Savel of 53 Sierra Way, in a letter to Mayor Cox dated May 5, 1988, requested
assistance to resolve a traffic safety problem on Sierra Way where Mr. and Mrs. Savel reside. In the past
12 years, there have been four accidents causing damage to the Savel's property resulting from motorists
losing control of their vehicles when turning from Country Club Drive onto Sierra Way.
August 11, 1988 Safety Commission meeting: Traffic Engineering staff recommended that the
Commission approve the installation of the curve warning and speed advisory signs, raised pavement
markers, reflective markers and red curbing at the intersection of Sierra Way and Country Club Drive.
The Safety Commission voted 5-0 to continue this item.
September 13, 1988 Safety Commission workshop: A workshop to discuss alternative designs for
directing traffic through the neighborhood was held. No action was taken.
October 13, 1988 Safety Commission meeting: Safety Commission voted 6-0 to approve a six-month trial
installation of a traffic island at the intersection of Country Club Drive and First A venue.
November 22,1988 City Council meeting: City Council discusses trial closure at Country Club Drive
east of First Avenue. A petition is presented with 94 signatures for a cul-de-sac and 74 against. City
Council approves striping, stop signs and to square off intersection of Country Club Drive and First
A venue.
December 13, 1988 City Council meeting: City Council refers back to staff for report and
recommendation and hold in abeyance demonstration program of squaring off the intersections. Staff
is to proceed with traffic control measures.
January 10, 1989 stop signs were added for westbound traffic at Palomar Drive, San Miguel Drive and
Sierra Way where they intersect with Country Club Drive.
January 10, 1989, Traffic Engineering staff installs westbound stop signs and centerline striping on San
Miguel Drive, Sierra Way and Palomar Drive at intersection with Country Club Drive.
January 24, 1989 City Council meeting: City Council approved the six month trial traffic improvement
installation and requested a follow-up report in three months.
February 1989, Traffic Engineering staff installs "Do Not Enter" sign and modifies intersection striping
to accommodate asphalt berm and delineators at intersection of First Avenue and Country Club Drive.
April 10, 1989, staff meets with some area residents to discuss data collected.
April 13, 1989 Safety Commission meeting: Safety Commission voted 6-0 to table this issue for one
month so that all residents can be notified.
May 11, 1989 Safety Commission meeting: Safety Commission voted 4-1 to deny staffs recommendation
for a left-turn prohibition and modification of the traffic island. The Commission further voted 4-1 to
retain the traffic island in its present form.
June 1989, Traffic Engineering staff records traffic speeds and volumes for Country Club Estates area.
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June 13, 1989 City Council meeting: City Council directed staff and the Safety Commission to
specifically come up with current traffic counts and current speed surveys. Staff and the Safety
Commission were also to look at alternate signage at Sierra Way and Country Club Drive to see if the
modifications would be appropriate for the residents in the area.
July 13, 1989 Safety Commission meeting: Safety Commission requested that staff consider the following
suggestions to handle the traffic concerns in the immediate area of 53 Sierra Way:
a) narrow Sierra Way at its intersection with Country Club Drive;
b) study the possibility of installing a median island at this intersection;
c) study improving the street lighting;
d) staff was directed to install yellow raised reflective markers on the centerline of Country
Club Drive.
September 14, 1989 Safety Commission meeting: Safety Commission voted 5-0 to consider restricting
the intersection at Country Club Drive and Sierra Way, install reflective markers on the centerline of
Country Club Drive, and install an island at the intersection of Country Club Drive and Sierra Way.
October 12, 1989 Safety Commission meeting: Safety Commission concurred with staff recommendation
to continue to monitor traffic conditions on Country Club Drive and to not do any further modifications.
November 14, 1989 City Council meeting: Written Communications. A letter is received from a resident
requesting consideration of data and material provided to be included in staff report.
December 12, 1989, City Council meeting: City Council directs staff to install an asphalt curb at Sierra
Way and Country Club Drive for a trial period.
February 2, 1990, Traffic Engineering staff installs delineators at Palomar Drive and Sierra Way.
August 1992, Traffic Engineering staff records traffic speeds and volumes for Country Club Estates area.
October 8, 1992, Safety Commission meeting: Safety Commission votes 6-0-1, with Commissioner Pitts
absent, that the design of the delineators be kept on Country Club Drive at Palomar Drive and Sierra
Way, but for staff to replace the delineators with a more permanent design.
November 12, 1992 Safety Commission meeting: Safety Commission votes 5-0-2, with Commissioners
Matacia and Padilla absent, that staff put together a neighborhood meeting to approve median designs
which will make a majority of the residents happy.
January 25, 1993, Traffic Engineering staff meets with Country Club Estates residents and agree on
median design for 3 intersections of Country Club Drive.
February 11, 1993 Safety Commission meeting: Safety Commission votes 5-0-2, with Commissioners
Braden and Padilla absent, to approve raised asphalt medians at Country Club Drive and First A venue,
Palomar Drive, Sierra Way and to eliminate the delineators.
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1893 APR 27 PM 3: 07
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APRIL 27, 1993
TO: MAYOR TIM NADER AND MEMBERS OF THE CITY COUNCIL
FROM: STEVE1}ND KAREN SAVEL
WE RESIDE AT 53 SIERRA WAY, CHULA VISTA, CA, 91911. WE ARE
NOT ABLE TO ATTEND THE CITY COUNCIL MEETING THIS EVENING
BECAUSE THE MEETING TIME IS IN CONFLICT WITH OUR WORK
SCHEDULES.
WE WOULD LIKE THE CHULA VISTA CITY COUNCIL TO KNOW WE
CONTINUE TO HAVE CONCERNS ABOUT THE TRAFFIC PROBLEMS IN THE
AREA OF OUR HOME AT SIERRA WAY AND COUNTRY CLUB DRIVE. WE
ARE CONCERNED ABOUT SAFETY FOR OURSELVES AND OUR NEIGHBORS,
AND WE REQUEST THAT YOUR DECISIONS AT THIS MEETING
DEMONSTRATE SUPPORT FOR THE CONTINUED SAFETY OF THE CITIZENS
OF THIS NEIGHBORHOOD AND COMMUNITY.
A NUMBER OF ALTERNATIVE SUGGESTIONS HAVE BEEN MADE RECENTLY,
AND NEIGHBORS HAVE EXPRESSED CONCERN FOR THE APPEARANCE OF
THE TEMPORARY DELINEATORS. WE WOULD PREFER IMPROVEMENT IN
APPEARANCE BUT OUR MAIN CONCERN IS SAFETY. ANY CHANGE THAT
JEOPARDIZES OUR SAFETY WOULD NOT BE ACCEPTABLE TO EITHER OF
US. WE RECOGNIZE CURRENT ECONOMIC CONDITIONS MAY DELAY
EFFORTS TO IMPROVE THE APPEARANCE, AND WE ARE UNDERSTANDING
OF THESE CONSTRAINTS. WE WOULD NOT ACCEPT ANY DECISION THAT
WOULD IN ANY WAY RETURN OUR NEIGHBORHOOD TO THE UNSAFE
CONDITIONS WE HAVE EXPERIENCED IN THE PAST FIFTEEN YEARS.
WE ARE GRATEFUL TO THE SAFETY COMMISSION AND CITY COUNCIL
FOR YOUR ATTENTION TO THE SAFETY OF OUR NEIGHBORHOOD. WE ARE
ESPECIALLY GRATEFUL TO FRANK RIVERA AND HAL ROSENBERG FOR
THEIR EFFORTS TO WORK WITH THE VARIOUS INTERESTS IN OUR
NEIGHBORHOOD AND ADJACENT AREAS.
.
.
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COUNCIL AGENDA STATEMENT
Item .;?
Meeting Date 4/27/93
ITEM TITLE:
Follow-up report on drainage problems within Telegraph Canyon Creek
between Fourth Avenue and Hilltop Park
SUBMITTED BY: Director of Public Works
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REVIEWED BY: City Manager J~ ItJ ~1
(4/Sths Vote: Yes_Noll
Council Referral #2730
On February 16, 1993, the City Council accepted staff's report on the problems created by the
rainstorms which took place during the first two weeks of January and the extent of drainage
protection which could be provided within Telegraph Canyon Creek between Fourth Avenue and
Hilltop Park (Exhibit A). At the same meeting, Council directed staff to submit a follow-up
report on the implementation of interim measures to provide erosion protection along the channel
sections that were severely eroded.
RECOMMENDATION: That Council accept this report.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
At the Council meeting of February 16, 1993, the City Council accepted staffs report (attached)
on drainage problems within Telegraph Canyon Creek between Fourth Avenue and Hilltop Park
and adopted the following recommendations as stated in said report:
1. Direct staff to work with property owners to restore property and prevent future erosion
damage at curves by:
a. Providing information on Federal assistance and help in filing claims with FEMA
for assistance.
b. Return within 90 days with recommendation on cost sharing for property owners
efforts on erosion protection/property restoration measures not paid by FEMA on
residen tial property.
c. Issue no-fee grading permits for restoration/protection work, including refunding
of permit fees already paid.
d. As a condition of receiving City financial assistance the property owner should
enter into a binding agreement to dedicate the necessary easements for the
ultimate channel improvements at no cost to the City.
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Page 2, Item-.n
Meeting Date 4/27/93
2. In accordance with the Telegraph Canyon Drainage Funds program, direct staff to
prepare a Capital Improvement Project for Council consideration in the FY 1993-94
budget to begin the design process on the ultimate channel improvement which would
include the necessary studies to determine the proposed channel section, right-of-way
requirements, and a preliminary schedule. Adequate funds have already been collected
for this work in the Telegraph Canyon Drainage DIF account.
In addition, the City Council adopted the following recommendation:
Direct staff to prepare a Capital Improvement Project (CIP) involving the implementation
of interim measures that provide erosion protection along the critically eroded channel
sections prior to the start of the next rain season.
Staff has surveyed the eroded sections of the channel and identified 17 properties that require
erosion protection. Said properties are shown and listed on Exhibits "B" and "C" (attached).
Guniting is the erosion protection technique that is proposed to be applied on the channel sides.
Gunite is a cement-sand mortar which is sprayed on the channel sides by a compressed-air
ejector, forming a very dense, high strength concrete. The total cost of this work is estimated
to be $70,000. Staff has prepared the necessary CIP submittal for implementing the guniting
project in the first half of Fiscal Year 1993-94 (copy attached). Staff has examined other slope
protection techniques such as installation of gabion structures (wire baskets filled with rock) or
reinforced concrete. Said options, however, were much more expensive and could not be
implemented prior to January 1994.
On March 27, 1993, Engineering staff met with 24 owners of property along the subject channel
section. There are approximately 50 properties along the unimproved section. All property
owners were notified of that meeting. Staff briefed the owners on the details of the February
report and received their comments on the report and on the interim measures project. The
owners were generally satisfied with staffs input, however, they were not pleased with the fact
that it may take five to ten years to complete the ultimate improvements upon availability of
funding. Staff indicated to property owners that a letter of permission will be required, from
all affected properties, to allow the City to construct the interim improvements. One property
owner, Mr. Ted Neff, 841 Fairway Court, expressed opposition to the ultimate improvement
project saying that it will eliminate many trees and threaten habitat for birds and other species.
Mr. Neff later expressed his concerns in a letter to the City Council. Mr. Neff s property does
not require interim erosion protection now but would be part of the long term project. All
project owners have been notified of tonight's meeting.
FISCAL IMPACT: The total cost of the interim measures project is estimated to be $70,000.
It is proposed that monies from the Telegraph Canyon Road (Charter Pointe) Project fund (Fund
no. 604) be used to cover the cost of the project. Staff has filed a claim with FEMA for this
project totally approximately $58,000. Early indications are that certain claim items are
ineligible and only $31,000 of said claim will be approved by FEMA.
SMN:File LY-103. KY-OS?
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