HomeMy WebLinkAboutAgenda Packet 1993/08/10
Tuesday, August 10, 1993
6:09 p.m.
". declare under penalty of perjury that' am
employed by the Ctty of Chula Vista in the
Office of the City Clerk and that I posted
this Agenda/Notice on the Bulletin Board at il Ch b
. . C' II Counc am ers
the Publi er ces BUilcltng and at .ty He on P bl' S . B 'ld'
DATED, :.7.:1 SIGNED .. - u 1C emces Ul mg
CALL TO ORDER
1.
ROlL CALL:
Councilmembers Fox _, Horton _, Moore _, Rindone _' and Mayor
Nader _
2. PLEDGE OF AlLEGIANCE TO TIlE FLAG. SILENT PRAYER
3.
APPROVAL OF M1NlITES:
July 13, 1993 (Special Joint City Council/Redevelopment Agency
Meeting), July 20, 1993 (City Council Meeting), July 27, 1993
(City Council Meeting), July 27, 1993 (Special Joint City
Council/Redevelopment Agency Meeting), and August 3, 1993
(City Council Meeting)
4. SPECIAL ORDERS OF TIlE DAY:
a. Oath of Office:
Martha Villegas - Board of Ethics;
Julita David - Civil Service Commission;
Scott Alevy - Parks and Recreation Commission;
Steve Palma - Parks and Recreation Commission;
Mary Casillas Salas - Planning Commission.
CONSENT CALENDAR
(Items 5 through 13)
The stnff recommendations regarding t}u, following items listed under t}u, Consent Calendiu' will be enocted by t}u,
Council by one motion without discussion unless a Counci1rnember, a member of t}u, pub/iJ; or City staff requests
that t}u, item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to
Speak Form" available in t}u, lobby and submit it to t}u, City Clerk prior to t}u, meeting. (Complete t}u, green form
to speak in favor of t}u, staff recommendation; complete t}u, pink form to speak in opposition to t}u, staff
recommendation.) Items pulled from t}u, Consent Catendiu' will be discussed after Board and Commission
Recommendations and Action Items. Items pulled by t}u, publ;,; will be t}u, first items of business.
5. WRITfEN COMMUNICATIONS: None submitted.
6.
ORDINANCE 2564
AMENDING MUNICIPAL CODE SECTION 5.54.090 (INSURANCE
REQillRED) OF CHAPTER 5.54 (TAXICABS) TO REDUCE TIlE AMOUNT
OF INSURANCE FROM $500,000 TO $300,000 AND TO AMEND TIlE
MINIMUM CRITERIA FOR FINANCIAL STRENGTI-I OF TAXICAB INSURERS
(first readinsd - The ordinance will reduce insurance requirements for
taxicab operators from $500,000 to $300,000. Staff will begin reviewing
selected insurance policies to ensure compliance with the Code. Staff
recommends Council place the ordinance on first reading. (Director of
Personnel)
Agenda
-2-
August 10, 1993
7. RESOLUTION 17214 APPROVING AGREEMENTS Willi VARlOUS COMMUNllYPROMOTIONS
GROUPS FOR EXPENDITURE OF CI1Y FUNDS . The 1993/94 budget
includes funding of various Community Promotions groups. The Council
considered requests from these groups during the budget session on
6/3/93 and approved funding for the Chula Vista Jaycees, Gretchen Evans
Library Concerts, U.N. Day Committee, and Bonitafest. Agreements have
been prepared between the City and each of these agencies setting out the
terms and conditions for receiving City funding. Staff recommends
approval of the resolution. (City Manager)
8. RESOLUTION 17215 AMENDING FISCAL YEAR 1993/94 BUDGET, PROVIDING FORALlABIUlY
TRUST FUND APPROPRIATION TO THE GENERAL LlABIUlY INSURANCE
ACCOUNT, AND AUTIiORIZlNG THE MAYOR TO EXECUTE CERTAIN
DOCUMENTS - An appropriation from the Liability Trust Fund of $242,000
is needed and settlement documents must be executed. Staff recommends
approval of the resolution. (Director of Personnel) 4/Sth's vote required.
9. RESOLUTION 17216 APPROVING A CONTRACT FOR A SYMPHONY CONCERT AND A
CONTRACT FOR PORT DISTRICT FUNDING, AND ENTERING INTO
INDEMNIFICATION AGREEMENTS Willi ROI-ffi, INC. AND THE SAN
DIEGO UNIFIED PORT DISTRICT - The City, in conjunction with the San
Diego Unified Port District, is planning to host the San Diego Symphony
Pops Orchestra for a concert at Bayside Park on Sunday, 8/22/93. Staff
recommends approval of the resolution. (Director of Parks and Recreation)
10. RESOLUTION 17217 AUTIiORIZlNG CONDITIONAL TEMPORARY CLOSURE OF VARlOUS
STREETS IN THE EASTLAKE BUSINESS PARK AND EASTLAKE GREENS
COMMUNlTIES ON SATURDAY, AUGUST 28, 1993 FOR A SKl10K RUN -
The Bonita Sunrise Rotary Club (sponsor) is requesting permission to
conduct a SKl10K run on Saturday, 8/28/93, from 7:15 a.m. to 9:30 a.m.,
in the EastLake Business Park and EastLake Greens communities. Staff
recommends approval of the resolution. (Director of Parks and Recreation)
11. RESOLUTION 17218 ACCEPTING BIDS AND AWARDING CONTRACT FOR TREE TRIMMING
SERVICES IN THE C1lY - Sealed bids were received on 7/21/93 for tree
trimming services. The subject project includes the trimming of a total of
5,011 trees located at various locations throughout the City. Staff
recommends approval of the resolution accepting bids and awarding the
contract to Golden Bear Arborists, Inc. (Director of Public Works)
12. REPORT NOTIFICATION OF C1lY INTENT TO NOT RENEW LEASE AGREEMENT
Willi SAN DIEGO GAS & ELECTRIC (SDG&E) FOR EASEMENT - PARCEL
NUMBER 141-37-S4H - The City currently has several lease agreements
with SDG&E for utility easements for park sites. Staff is recommending the
cancellation of lease agreement for Parcel Number 141-37-S4H.
Cancellation of the lease agreement with SDG&E for use of utility easement
property requires notification by either party. Staff recommends Council
accept the report. (Director of Parks and Recreation)
Agenda
13.
REPORT
-3-
August 10, 1993
REVIEW OF CONDmONAL USE PERMIT PCC-92-06; A 12-BED
RESIDENTIAL TREATMENf FAClUlY FOR RECOVERING ALCOHOUCS
LOCATED AT 73 NORTH SECOND AVENUE - MAAC PROJECT - Annually
the City reviews the Conditional Use Permit. Staff recommends Council
accept the report. (Director of Planning)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RElATED RESOLUTIONS AND ORDINANCES
The foUowing items have been advertised and/or posted as pub/U; hearings as required by lilw. If you wish to speok
to any item, pkase fiO out the "Request to Speak Form" avai/ohk in the lobby and submit it to the City Clerk prior
to the meeting. (Complete the green form to speak in favor of the stoff recommendation; compkte the pink form
to speak in opposition to the stoff recommendation.) Comments are limited to five minutes per individual
14.
PUBUC HEARING
ORDINANCE 2565
15.
PUBUC HEARING
PCA-93-03: CONSIDERATION OF ONE YEAR EXTENSION OF 1HE
MORATORIUM ON 1HEACCEPTANCE, PROCESSING AND/OR APPROVAL
OF APPUCATIONS FOR ADULT-ORIENTED RECREATION BUSINESSES -
On 5/18/93, Council adopted Ordinance 2558 to establish, as an interim
and urgency measure, a 90-day moratorium on the issuance of land use
permits for Adult-Oriented Recreation Businesses in order to study whether
or not present standards provide adequate safeguards from the negative
impacts which can be associated with such uses. The study is underway
and the preliminary results indicate that amendments to the standards may
be appropriate. A one year extension of the moratorium would provide an
adequate period of time to complete the study and process the amendments
and associated environmental review. Staff recommends Council adopt the
urgency ordinance. (Director of Planning) 4/5th's vote required.
EXTENDING FOR A PERIOD OF ONE YEAR 1HE MORATORIUM ON 1HE
ACCEPTANCE, PROCESSING AND/OR APPROVAL OF APPUCATIONS FOR
ADULT-ORIENTED RECREATION BUSINESSES, AS PREVIOUSLY
ESTABUSHED BY ORDINANCE NUMBER 2558 (~encv ordinance)
4/5th's vote required.
AMENDING 1HE CITY'S 1992193 HOME PROGRAM DESCRIPTION - South
Bay Community Services is requesting $617,646 of HOME Federal Housing
Funds from the City for Acquisition and Rehabilitation of a 14 unit
apartment building at 31 Fourth Avenue which they plan to develop into
a short-term housing facility to serve homeless families in the South Bay.
Staff recommends Council open the public hearim!:. take testimony. and
continue the public hearinl!: to the meetinl!: of 8/17/93. (Director of
Community Development) Continued from the meeting of 7/20/93.
ORAL COMMUNICATIONS
This is an opportunity for the general pub/u; to address the City Council on any subject matter within the Council's
jurisdidion that is not an item on this agenda. (State law, however, generally prohibits the City Council from
taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a
subject, prease compkte the yeUow "Request to Speak Under Oral Communications Form" availabk in the lobby
and submit it to the City Ckrk prior to the meeting. Those who wish to speak, please give your name and address
for record purposes and foUow up action. Your time is limited to three minutes per speaker.
Agenda
-4-
August 10, 1993
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the CiI.y Council will consider items whiJ:h have been fmwarded to them for consideration by OIU!
of the CiI.y's Boards, Commissions and/or Conunitrees.
16.
REPORT
PROPOSAL FOR CHIlD CARE FAClUTIES FOR NEW COMMUNI1Y
CENTERS/Cl1Y FAClUTIES - The Commission is recommending that the
General Plan be amended to include a child care element for placement of
child care facilities in existing. and future public city buildings. Staff
recommends Council accept the report. (Child Care Commission)
ACTION ITEMS
The items 1isted in this section of the agenda are expected to elicit substantial discussions and deliberations by the
Council, staff, or members of the general publU:. The items will be considered individually by the Council and staff
recommendations may in certain cases be presented in the alJemative. Those who wish to speak, prease fill ouI
a 'RW[UCSt to Speak." form available in the lobby and submit it to the City Clerk prior to the meeting. Publii:
comments are limited to five minutes.
17.
REPORT
SOUD WASfE ISSUES - An oral report will be given by staff.
ITEMS Puu.ED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items whiJ:h have been removed from the Consent Calendar. Agenda
items pulled at the request of the publii: will be considered prior to those pulkd by Councilmembers. Publii:
comments are limited to five minutes per individual
OTHER BUSINESS
18. CJ1Y MANAGER'S REPORTCS)
a. Scheduling of meetings.
19. MAYOR'S REPORTCS)
20. COUNCIL COMMENTS
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Instructions to negotiators pursuant to Government Code Section 54957.6 . Chula Vista Employees
Association (CVEA) , Western Council of Engineers (WCE) , Police Officers Association (POA),
International Association of Fire Fighters (lAFF), Executive Management, Mid-Management, and
Unrepresented. Continued from the meeting of 8/3/93.
Pending litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. Aptec.
Pending litigation pursuant to Government Code Section 54956.9 - County of San Diego regarding
Daley Rock Quarry CUP.
Pending or imminently pending litigation pursuant to Government Code Section 54956.9 - City of
Chula Vista vs. County of San Diego relating to trash surcharge.
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on August
17, 1993 at 6:00 p.m. in the City Council Chambers.
COUNCIL AGENDA STATEMENT
ITEM
4
MEETING DATE AUllust 10. 1993
ITEM TITLE:
Ordinance .2.5'"~rAmending Section 5.54090 of Chapter 5.64
(Taxicabs) of the Chula Vista Municipal Code to Reduce the
Amount of Insurance From $500,000 to $300,000 and to amend
the Minimum Criteria for Financial Strength of Taxicab Insurers.
REVIEWED BY:
DIRECTOR OF PERSONNEL eft--,
/
/.Co I "/1
CITY MANAGER db 1"
Referral #2782
(4/5th Vote: Yes_ NOL{)
SUBMITTED BY:
At the August 3, 1993 Council meeting, this Ordinance was presented for first
reading. Unfortunately, there was an error in the staff report and Ordinance.
Therefore, the corrected Ordinance is being presented at this meeting for first reading.
RECOMMENDATION:
Place the Ordinance on first reading.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
When this Ordinance was presented for first reading last week, it contained an error.
The intent of the Ordinance was to revise insurance limits for taxicab operators to
mirror the requirements of the Metropolitan Transit District Board (MTDB). The
Ordinance incorrectly noted the insurance limits as $50,000 property damage,
$150,000 oer iniurv or death and $300,000 per occurrence or a $300,000 combined
single limit. The Ordinance and staff report should have read $50,000 property
damage, $100.000 oer iniurv and $300,000 per occurrence or a $300,000 combined
single limit. This is not considered a significant correction, however, it will delay the
effective date of the Ordinance by one week.
FISCAL IMPACT: None
~"J/'-2.
ORDINANCE NO.
;{5I,'f
AN ORDINANCE AMENDING SECTION 5.54.090
(INSURANCE REQUIRED) OF CHAPTER 5.54
(TAXICABS) TO REDUCE THE AMOUNT OF INSURANCE
FROM $500,000 TO $300,000 AND TO AMEND THE
MINIMUM CRITERIAL FOR FINANCIAL STRENGTH OF
TAXICAB INSURERS
WHEREAS, in light of recent changes in the insurance
industry as it affects taxicabs, it has become necessary for the
city to reconsider its insurance requirements on taxicabs.
NOW, THEREFORE, the city Council of the City of Chula
vista does hereby ordain as follows:
SECTION I: section 5.54.090 (Insurance Required) of
Chapter 5.54 (Taxicabs) is hereby modified to read as follows:
Sec. 5.54.090
Insurance Required.
It is unlawful to operate any taxicab vehiole as aofiHed
iH thio ohapteF unless there shall be Qil filea with the
reliee Chief city of Chula vista a currently valid
certificate of insurance executed and delivered by a
company all-thel!'iilea te eal!'ry eH admitted bv the California
Department of Insurance: or. if not admitted in
California. a company which aH iHouranee all-siness in tae
state \ffiieh eelllflany shall have a polioyholder's l!'atinljJ ef
~ a Best's Kev Ratinq Guide ratinq of "A. Class V or
better as lioted in the Beot'e Key RatinljJ Cuide or which
shall otherwise meet with the approval of the City
certifvinq that the terms ef \lhioh such insurance company
extends Business Automobile Liabilitv Insurance coveraqe
to the operator and all of the aqents and employees of
said operator. aee\Hl\es respensiaility fer injuries to
poreens eF prepel!'ty oaueea ay the eperatien ef suoh
vehiole in tae felle\liHIjJ amounte. The oertifieate shall
aho\{ iHsll-ranee in the follo\dnljJ amounts:
A. One hll-Harea theusana aollal!'e primary eovoraljJe fer
preperty aamaljJe per eeelirrcnoe; bm hUHdrea fifty
thousaHd aellal!'o primary oovoraljJe fer aeaily injury
or death te any eRe pcroon in any ene ~eroeR in any
ene aeeident, ana five hundred thouoand aellara per
eeeurrcncc fer ~rimary covcr~gc fer Bodily injury
or aeath in a eemaincd sinljJle limit poliey;
B. In lieu af the insurance co",teraEJC, a cert.ificd
epcrator may provide prea! of Dclt inouranee ander
euietinljJ state reljJulations aaequate to meet the
limitations set forth in this ehapter;
1 ~ -;1
G. 'Phe e.cr'tifieate ohall se SR ZL otandara. "aeeerdll
farm ana ahall pre~iae for ZLutoma~ie. ten day
\fritteR fle~ifioZLtiofl 19~f ~he incuranse e.eHlf)ZLn}" to
the oity ac a oer'tifieate holdor, af any inouraRee
peliey eaReellatieR ar e.hangca iR ea~era~Cl
D. 'Phe inouraflee e.everage mHC~ se one of 't\:e 'typecl
1.
A eRe year peliey (although the
ha9:e paYlftcnta maEie GR a lcee
Basis, ar
pelio:zo ooule.
thall aRRual
2. If ather thaR a ane year polioy, the illsuranoe
celRfJallY muot previae 'the eity -"lith 'tCR day
".:ri ttell Ilatioc af any nail rene\:o.l of poliey.
The certificate shall be accompanied bY a policy
endorsement which names the city of Chula vista and all
of its officers and employees as additional insured and
proyide cross-liability protection to the employees of
the city of Chula vista in the same manner as if they
were members of the public. The certificate shall
demonstrate and certifY that the operator is insured
aaainst the risk of loss due to property damaae and
bodilY iniury caused to members of the public includina
taxicab customers. in the amount of $50.000 Property
Damaae. $100.000 per iniury. $300.000 per occurrence. or
$300.000. combined sinale limit. and shall further show
the amount of the self-insured retention. if any. under
said policy. The certificate shall provide for a thirty
day written notification of policy cancellation or
material chanaes in coveraae. If the self-insured
retention is areater than five thousand dollars. the
certified operator shall provide financial information to
the satisfaction of the city which proves financial
responsibility for the amount of the self-insured
retention. The city shall have the option to reauire the
operator to demonstrate to the city the policy itself
referred to in the certificate. and on failure to do so
within five days. to revoke the business license.
SECTION II: This ordinance shall take e
full force on the thirtieth day from a
in
Presented by
Candy Boshell, Director of
Personnel
C:\OR\taxicab insurance
Bruce M. Booga
City Attorney
2 t,..if
COUNCIL AGENDA STATEMENT
Item 7
ITEM TITLE:
. 17,).)'1 .
Resolutlon - Approvlng agreements between the City of
Chula Vista and various Community Promotions groups for
expenditure of City funds
Meeting Date 8/10/93
Agreement with Chula Vista Jaycees
Agreement with Gretchen Evans for Library Chamber Concerts
Agreement with U. N. Day Committee
Agreement with Bonita~t Committee
SUBMITTED BY: City Manager 1(; 1111 4/5ths Vote: Yes Nol
The 1993-94 budget includes funding of various Community Promotions
organizations. The Council considered requests from these groups during the
budget session on June 3, 1993 and approved funding in the following amounts:
Chula Vista Jaycees
Gretchen Evans Library Concerts
U. N. Day Committee
Bonitafest
$9,880
$1,650
$ 380
$2,410
Agreements have been prepared between the City and each of these agencies setting
out the terms and conditions for receiving City funding.
RECOMMENDATION: Adopt resolution.
BOARDS/COMMISSIONS RECOMMENDATION: N.A.
DISCUSSION:
The attached agreements are basically unchanged from prior years. The Jaycees
and the U.N. Day Committee have received the same level of funding ($9,880 and
$380 respectively) since 1989-90. The $1,650 for the Library Chamber Concerts
is $10 lower than in FY 1993-94, and due to the increase in musicians salaries
the number of concerts has been reduced from seven to six.
At the direction of the City Counci 1, funding has now been included in this
budget for support of the Bonitafest in the amount of $2,410.
The Human Services Council, which previously received funding through this
activity, is now being funded through the use of Community Development Block
Grant funds.
FISCAL IMPACT:
Funds are included in the 1993-94 Community Promotions budget to support these
activities.
C:conrnpro
7w/
RESOLUTION NO.
I 'l~/J/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENTS BETWEEN THE
CITY OF CHULA VISTA AND VARIOUS COMMUNITY
PROMOTIONS GROUPS FOR EXPENDITURE OF CITY
FUNDS
WHEREAS, the 1993-94 budget includes funding of various
Community Promotions organizations; and
WHEREAS,
groups during the
following amounts:
the Council considered requests from these
budget sessions and approved funding in the
.
.
.
.
Chula vista Jaycees
Gretchen Evans Library Concerts
U. N. Day Committee
Bonitafest Committee
$9,880
$1,650
$ 380
$2,410
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby approve agreements between the
city of Chula vista and Chula vista Jaycees, Gretchen Evans Library
Concerts, U. N. Day Committee and Bonitafest Committee, copies of
which are 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 execute said
Agreements for and on behalf of the city of Chula vista.
John D. GosS, City Manager
as to :r p
Presented by
C:\rs\comproms
?..~
AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS OF
THE CHULA VISTA JAYCEES IN REGARD TO THE
EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS AGREEMENT, made and entered into the
August, 1993, by and between the CITY OF CHULA VISTA, a
corporation, hereinafter referred to as "city", and the
VISTA JAYCEES, hereinafter referred to as "Jaycees";
day of
municipal
CHULA
HI:!H~.s..s.~:!H:
WHEREAS, the City Council of the City of Chula vista
has determined that the function of the Chula vista Jaycees
serves a valid public purpose, and
WHEREAS, the City Council of the City of Chula vista
desires to encourage the beneficial aims of the Chula vista
Jaycees through appropriation of reasonable amounts of City
funds, and
WHEREAS, the City Council has established a policy for
consideration of requests for funding by private organizations
and individuals, and
WHEREAS, such policy stipulates that no expenditure may
be made out of any appropriation awarded said organization unless
an agreement has been reached between the parties setting out the
terms and conditions for the expenditure of such funds.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between
the parties hereto as follows:
1. The organization known as the Chula vista Jaycees
agrees to participate in the Fiesta de la Luna and related
activities, including the selection of "Miss Chula vista".
2. The Chula vista Jaycees agrees to expend City
appropriated funds to meet bona fide obligations incurred in
performing services related to participation in the Fiesta de la
Luna, in an amount not to exceed $7,800, and selection of "Miss
Chula Vista", in an amount not to exceed $2,080, in fiscal year
93-94.
3. The Jaycees agree to submit, on a yearly basis, a
complete report of all expenditures and shall specifically list
the purposes furthered by the City appropriated funds of $9,880
for fiscal year 93-94.
4. That the Council of the city of Chula vista at its
discretion may require the Chula Vista Jaycees to provide or
allow the city to undertake a complete financial audit of their
1
7..3
records.
5. That the term of this agreement shall be for a
period of one (1) year, from 7-1-93 through 6-30-94, unless
further modified to include other permitted expenditures of funds
that are appropriated by the City Council.
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
CHULA VISTA JAYCEES
Mayor of the city of Chula vista
~~.~~
Parade Chairman
ATTEST
City Clerk
AWL- ~fO by y
ity Attorney
C:\ag\i.yceel
2
7"'1
AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS
OF THE BONITAFEST COMMITTEE IN REGARD
TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS AGREEMENT, made and entered into this day of
August, 1993, by and between the CITY OF CHULA VISTA, a municipal
corporation, hereinafter referred to as "City", and the
BONITAFEST COMMITTEE, hereinafter referred to as "Bonitafest"i
HI:rH1<~~1<:rH.l
WHEREAS, the city Council of the City of Chula vista has
determined that support of the Bonitafest serves a valid public
purpose, and
WHEREAS, the City Council of the city of Chula vista desires
to encourage the beneficial aims of the Bonitafest Committee
through appropriation of reasonable amounts of city funds, and
WHEREAS, the city Council has established a policy for
consideration of requests for funding by private organizations
and individuals, and
WHEREAS, such policy stipulates that no expenditure may be
made out of any appropriation awarded said organizations unless
an agreement has been reached between the parties setting out the
terms and conditions for the expenditure of such funds.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. The Bonitafest Committee will expend City appropriated
funds not to exceed $2,410 to defray expenses for the provision
of police and transit and the City will waive the special event
business license tax for this event.
2. The Committee agrees to submit, on a yearly basis, a
complete report of all expenditures and shall specifically list
the purposes furthered by the City appropriated funds of $2,410
for fiscal year 93-94.
3. That the Council of the City of Chula vista at its
discretion may require the Bonitafest Committee to provide or
allow the City to undertake a complete financial audit of their
records.
4. That the term of this agreement shall be for a period of
one (1) year, from 7-1-93 through 6-30-94, unless further
modified to include other permitted expenditures of funds that
are appropriated by the City Council.
1
7~5
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
C:\AG\BONTAFST
./t~
city
rk
BONITAFEST COMMITTEE
,(~ -?7 J-/ ~/'7~ ill
Chairman
2
7~?
AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS OF
GRETCHEN EVANS LIBRARY CONCERTS IN REGARD TO THE
EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS AGREEMENT, made and entered into the
of August, 1993, by and between THE CITY OF CHULA VISTA,
municipal corporation, hereinafter referred to as "city"
GRETCHEN EVANS LIBRARY CONCERTS, hereinafter referred to
"Gretchen Evans";
day
a
and
as
HI:rHl<.s..s.~:rHl.
WHEREAS, the city Council of the City of Chula vista
has determined that the function of the Gretchen Evans Library
Concerts serves a valid public purpose, and
WHEREAS, the City Council of the City of Chula vista
desires to encourage the beneficial aims of the Gretchen Evans
Library Concerts through appropriation of reasonable amounts of
city funds, and
WHEREAS, the city Council has established a policy for
consideration of requests for funding by private organizations
and individuals, and
WHEREAS, such policy stipulates that no expenditure may
be made of any appropriation awarded said organization unless an
agreement has been reached between the parties setting out the
terms and conditions for the expenditure of such funds.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between
the parties hereto as follows:
1. Gretchen Evans agrees to provide a total of six
library concerts, three in the fall and three in the spring. Of
these seven concerts, the city will appropriate and expend
$1,650.00 for same during the 1993-94 fiscal year.
2. Gretchen Evans agrees to expend City appropriated
funds to meet bona fide obligations incurred in performing
services related to the library concerts.
3. Gretchen Evans agrees to submit, on a yearly basis,
a complete report of all expenditures and shall specifically list
the purposes furthered by the city appropriated funds of $1,650
for fiscal year 1993-94.
4. That the Council of the city of Chula vista, at its
discretion, may require Gretchen Evans to provide or allow the
City to undertake a complete financial audit of her records.
1
7.7
5. That the term of this agreement shall be for a
period of one (1) year, from 7-1-93 through 6-30-94, .unless
further modified to include other permitted expenditures of funds
that are appropriated by the City Council.
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
CONCERTS
GRETCHEN EVANS LIBRARY
Mayor of the city of Chula Vista
Az+_/ ~
Gretchen Evans
ATTEST
city Clerk
Approved as to form by
City Attorney
C:\ag\OrtBVUll
2
7~g'
AGREEMENT SETTING OUT THE TERMS AND
OBLIGATIONS OF THE UNITED NATIONS DAY
COMMITTEE IN REGARD TO THE EXPENDITURE OF
CITY FUNDS APPROPRIATED
THIS AGREEMENT, made and entered into this day of
August, 1993, by and between the CITY OF CHULA VISTA, a municipal
corporation, hereinafter referred to as "city", and the UNITED
NATIONS DAY COMMITTEE, hereinafter referred to as "Committee";
HI:rH1!~~1!:rH.i.
WHEREAS, the city Council of the City of Chula vista
has determined that the designation of a united Nations Day
Committee serves a valid public purpose, and
WHEREAS, the City Council of the City of Chula vista
desires to encourage the beneficial aims of the United Nations
Day Committee through appropriation of reasonable amounts of city
funds, and
WHEREAS, the city Council has established a policy for
consideration of requests for funding by private organizations
and individuals, and
WHEREAS, such policy stipulates that no expenditure may
be made out of any appropriation awarded said organizations
unless an agreement has been reached between the parties setting
out the terms and conditions for the expenditure of such funds.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between
the parties hereto as follows:
1. The organization known as the united Nations Day
Committee agrees to promote friendly relations between all
members of different nations who come to Chula vista.
2. That the United Nations Day Committee agrees to
expend City appropriated funds to meet bona fide obligations
incurred in performing services related to the united Nations Day
Program, not to exceed $380 for fiscal year 93-94.
3. The Committee agrees to submit, on a yearly basis,
a complete report of all expenditures and shall specifically list
the purposes furthered by the City appropriated funds of $380 for
fiscal year 93-94.
4. That the Council of the City of Chula vista at its
discretion may require the United Nations Day Committee to
provide or allow the City to undertake a complete financial audit
1
7,9
of their records.
5. That the term of this agreement shall be for a
period of one (1) year, from 7-1-93 through 6-30-94, unless
further modified to include other permitted expenditures of funds
that are appropriated by the city council.
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
COMMITTEE
UNITED NATIONS DAY
/~ ..
Kitt~, Cha1=.n
Mayor of the City of Chula vista
ATTEST
APp4as
City Cl r
t1=
C:IlaIUNdayCom
2
7--j(J
COUNCIL AGENDA STATEMENT
ITEM
Fr
MEETING DATE Auaust 10. 1993
17,2)5
ITEM TITLE: RESOLUTION Amending FY 1993-94 Budget, providing for a
Liability Trust Fund appropriation to the General
Liability Insurance Account and authorizing the
Mayor to execute certain documents.
SUBMITTED BY: DIRECTOR OF PERSONNEL ~
REVIEWED BY: CITY MANAGER 101 rI /
(4/5th Vote: Yes-X.. NO_I
Due to settlement commitments, an appropriation from the Liability Trust Fund of
$250,000 is needed and settlement documents must be executed.
RECOMMENDATION: That Council adopt the resolution providing for an
appropriation of $250,000 and authorizing the Mayor to execute documents approved
by the City Attorney for settlement purposes.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: An appropriation from the General Liability Trust Fund is needed to
honor settlements previously authorized by the City Council. These settlements were
not budgeted in FY 1993-94 Budget.
In addition, there are settlement documents related to the Velazquez lawsuit which
require the signature of an authorized representative of the City. The Mayor, acting
on City Council authority, may execute the documents.
FISCAL IMPACT: A total of $250,000 is to be appropriated from the Liability Trust
Fund to Insurance Account #100-0700-5233. The total sum appropriated to this
account will be expended by authorization and approval of the Finance Director.
8"-/
RESOLUTION NO.
17~/f'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING FY 1993-94 BUDGET,
PROVIDING FOR A LIABILITY TRUST FUND
APPROPRIATION TO THE GENERAL LIABILITY
INSURANCE ACCOUNT, AND AUTHORIZING THE MAYOR
TO EXECUTE CERTAIN DOCUMENTS
WHEREAS, due to settlement commitments, an appropriation
from the Liability Trust Fund of $250,000 is needed and settlement
documents must be executed.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby amend the FY 1993-94 budget by
providing for an appropriation of $250,000 from the Liability Trust
Fund to Insurance Account 100-0700-5233.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute certain
documents approved by the City Attorney for settlem t purposes.
\
Candy Boshell, Director of
Personnel
AP~ ai[ fo m bj)
: Bruce M. Boogaard, ty
Attorney
Presented by
C:\rs\liability
~.).
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item <1
Meeting Date: 8/10/93
Resolution 17 ~ I ~ approving a contract for a symphony concert and a
contract for Port District funding, and entering into indemnification agreements
with Rohr Inc. and the San Diego Unified Port District. .
Director of Parks and ReC~W
City Manager 1G /J II (4/Sths Vote: Yes_No..x)
SUBMITTED BY:
REVIEWED BY:
The City, in conjunction with the San Diego Unified Port District, is planning to host the San Diego
Symphony Pops Orchestra for a concert at Bayside Park on Sunday, August 22, 1993.
RECOMMENDATION: That Council adopt the resolution to: 1.) execute a contract with the San
Diego Symphony, 2.) execute a contract with the San Diego Unified Port District, 3.) enter into
indemnification agreements with Rohr Inc. and the San Diego Unified Port District, and 4.) authorize the
Mayor to execute said agreements.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The City is planning to host a San Diego Symphony Pops concert at Bayside Park on August 22, 1993.
The San Diego Symphony will perform for approximately 90 minutes on an outdoor stage located on the
south section of Bayside Park. The concert will begin at 7:30 PM. This year's concert program will
feature the music of Beethoven. The Symphony will provide the stage, orchestra shell, and all necessary
sound and lighting equipment for the concert. The contract with the San Diego Symphony is attached
(Attachment "A").
There are two funding sources for this event. The San Diego Unified Port District has allocated $21,850
to defray the Symphony's contract performance costs, and $11,120 was allocated in the City's non-
departmental budget to offset the costs of City staff, the fireworks display, supplies and other services
required to stage the concert. The fireworks display that will accompany the Symphony's musical finale
is included in the contract with the Symphony, although it will be paid for from the City's event budget.
The San Diego Unified Port District is requiring a written agreement with the City for this year's event
(Attachment "B"). The agreement is specific regarding conditions for the Port's funding of the event;
the agreement delineates the documentation and record keeping required for obtaining the Port's financial
support. The agreement states that Port funding is available on a reimbursement basis only, which is a
change in arrangements from previous years. The Port has instituted this new requirement and agreement
to insure that all recipients of Port funding are utilizing the funds for the purposes indicated on initial
requests for support from outside agencies, and to insure that the Port is given adequate recogniti.on in
advertising and promotions for Port funded events. This change will necessitate that the City pay the full
costs of the Symphony contract ($24,000), and then be reimbursed by the Port following the event. This
will not create a financial hardship for the City, since funds exist in the appropriate account which will
carry the concerts' expenses until the City is reimbursed by the Port District.
'-'I
,
Public parking will be available in the vacant Port District lot just east of the park, and overflow parking
will be accommodated in Rohr, Inc. employee parking areas. Free shuttle bus service will also be.
offered between the concert site and the "H" Street trolley station. Traffic and crowd control will be
handled by regular duty police officers, and police reserve personnel. The Bayside Park parking lots will
be closed throughout the day and evening to allow City, Symphony, and fireworks staff the freedom to
set up as required. Various areas of the park will also need to be closed to pedestrian traffic to allow
for safe staging of the event. Promotion and advertising are being handled by the City's Public
Information Coordinator.
Since the event is being conducted on Port District property, the City has been asked to complete the
District's standard Tidelands Activity Permit, which includes indemnification language (Attachment "C ").
Rohr, Inc. is also requesting that the City enter into an indemnification agreement (Attachment "D ") for
use of their parking lot. These indemnification agreements have been approved by the City in the past
for the Fourth of July events as well as the Pops concerts. The City has also issued both entities
Certificates of Insurance, naming the Port and Rohr as additional insured.
The performance of the Pops orchestra will greatly enrich the cultural and artistic opportunities for Chula
Vista residents, and the event will help to enhance the City's image as a community that nurtures cultural
programs. The Symphony greatly reduced the number of outreach concerts this summer, and the City
was fortunate to be chosen as one of only three outreach sites during the summer season. The decision
to select the City of Chula Vista as a concert site was based in part on the tremendous success of previous
concerts in Chula Vista.
An estimated breakdown of the event budget is attached (Attachment "E").
FISCAL IMPACT: $11,120 has been appropriated in the City's FY 93-94 non-departrnental budget to
offset the City's share of the event costs. The contract cost for the Symphony's performance is $21,500.
Both these amounts, totaling $32,620, will be encumbered and paid for from the non-departrnental
account. The account has a balance that will support the non-allocated Symphony costs until the Port
District reimburses the City for the $21,500. No additional funding is required.
Attachments: "A" - Contract - San Diego Symphony
"B" - Contract - San Diego Unified Port District
"C" - Tideland Activity Permit - Port District
"D" - Indemnification Agreement - Rohr Industries
"E" - Event Budget
popsa113.93
9-,,2,
RESOLUTION NO.
/7~//,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONTRACT FOR A
SYMPHONY CONCERT AND A CONTRACT FOR PORT
DISTRICT FUNDING, AND ENTERING INTO
INDEMNIFICATION AGREEMENTS WITH ROHR INC. AND
THE SAN DIEGO UNIFIED PORT DISTRICT AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
CONTRACTS
WHEREAS, the city, in conjunction with the San Diego
Unified Port District, is planning to host the San Diego Symphony
Pops Orchestra for a concert at Bayside Park on Sunday, August 22,
1993; and
WHEREAS, staff recommends that Council adopt the
resolution authorizing the Mayor to execute a contract with the San
Diego Symphony and to enter into an indemnification agreements with
Rohr Industries for the use of their parking facilities, and with
the San Diego Unified Port District regarding conditions for the
Prot's funding of the event.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby approve and authorize the Mayor
to execute Agreements between the San Diego Symphony Orchestra
Association, and the San Diego united Port District for a symphony
concert at Bayside Park on Sunday, August 22, 1993, copies of which
are on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council approves and
authorizes the Mayor to execute an indemnification agreement with
Rohr Industries for the use of their parking facilities, and a
Tideland Activity Permit from the San Diego Unified Port District,
copies of which are on file in the office of the ity Clerk.
,
j
I
Bruce M.
Presented by
Jess Valenzuela, Director of
Parks and Recreation
C:\rs\symphony
9-Y /4--1
ATTACHMENT A
AGREEMENT BETWEEN THE SAN DIEGO SYMPHONY
ORCHESTRA ASSOCIATION AND THE CITY OF CHULA VISTA
TIllS AGREEMENT between the San Diego Symphony Orchestra Association, a not-for-profit corporation
incorporated under the laws of the State of California (herein called the "Symphony"), and City of Chula Vista
(herein called the "Presentor").
WITNESSETH:
1.
ENGAGEMENT. In consideration of the mutual promises herein set forth, the Symphony agrees to
furnish and the Presentor agrees to hire the services of the San Diego Symphony Orchestra for one
concert to be given on:
~
Dav of Week
Sunday
Date
August 22, 1993
Hour
7:30 p.m.
at:
Name of Facilitv
Bayside Park
Address
Chula Vista
Except as otherwise specifically agreed to in writing, the selection of the program, any soloist, and other
artistic personnel for each concert shall be at the sole discretion of the Symphony, and the mere consent
of the Symphony to furnish particular music or other matter of persons (including the conductor) shall
not be deemed a waiver or relinquishment of this power.
2. PAYMENT. The I!resentor shall pay to the Symphony the amount of $24,000 (twenty-four thousand
dollars) .
A deposit of $2,400 (two thousand four hundred dollars) shall be required on execution of contract,
leaving a balance due of $21,600 (twenty one thousand six hundred dollars.
Payment for each concert shall be in lawful money of the United States by certified check on or before
the day of the concert. On failure to pay, the total amount for all concerts shall then become due and
owing. Time is of the essence to the provisions of this paragraph.
3. The SYMPHONY shall provide:
SEE ADDENDUM A. PAGE 5 OF TIllS CONTRACT
4. FACILmES. The Presentor shall provide at its expense the above named facility(ies) at the time(s)
indicated.
When required by the Symphony, the Presentor shall furnish, at its expense, one or two properly tuned
concert grand pianos, as requested.
All of the above shall be to the satisfaction of the Symphony, and shall also be provided for any
daytime rehearsals requested by the Symphony prior to and for each concert.
9-5
The Presentor, at its expense, shall fumish for perfonnances all ticket sellers and takers, ushers, special
police, attaches and other like personnel, any licenses and pennits required, tickets of admission and
programs, postage or express charges or printed matter, all other advertising costs, and shall bear all
other expenses in connection with the giving of the concert, to include:
SEE ADDENDUM A. PAGE 5 OF THIS CONlRACT
The Presentor, at its expense, shall provide the Symphony for its library, Ten (10) copies of the program
for each concert.
5. CREDITS, PROGRAM AND PUBLICITY. The Presentor agrees to display the name of the Orchestra,
the conductor and any other principals in all advertising and printed programs in such fonn as may be
prescribed by the Symphony, and to print and distribute house programs from copy fumished by the
Symphony, said copy to be printed in its entirety as fumished. Advance proof of house programs shall
be fumished the Symphony,not less than two weeks before the concert date for the Symphony's
approval of page fonnat and credits. The Presentor agrees to promote the concerts and to attempt to
obtain an attendance in a number that the facility at which the perfonnance will be held will reasonably
accommodate.
6. RESTRICTION. The Presentor agrees that no concert(s) is(are) to be recorded, broadcast, televised or
otherwise extended beyond the hall without the prior written consent of the Symphony.
In the event that the Symphony wishes to have the concert(s) recorded, broadcast, televised or otherwise
extended beyond the facility, the Presentor agrees to make the facility available for the installation,
operation and removal of all necessary equipment and facilities. All costs relative thereto shall be borne
by the Symphony. The Presentor shall not receive any fee, remuneration or compensation for any such
extension of the concert(s).
7. NO DISCRIMINATION. The Presentor agrees that admission to and seating in the hall shall be
without regard to race, color, religion or national origin.
8. PROGRAM CHANGES. The Symphony shall have the right, exercisable solely at its discretion, as
represented by the judgment and decision of its Music Director, Conductor or other authorized
representative, to change the program of any concert at any time and for any reason, regardless of any
advertisement, consent or promise of the Symphony, whether contained in Paragraph One hereof or
otherwise by removing from the program any music or other matter to be presented and substituting
therefor other music or matter, and by removing any person, including the Conductor of the concert,
persons or group of persons, except the San Diego Symphony Orchestra itself, and either substituting
therefor other person, persons or group of persons or none at all, and the Symphony's perfonnance of
the program as so changed shall be deemed full perfonnance of its engagement and obligations, whether
under Paragraph One hereof or otherwise, for the concert which would have otherwise been perfonned.
9. IMPOSSIBILITY OF PERFORMANCE. If the concert and/or fireworks display which are the subject
matter of this agreement are prevented from occurring for any reason which is beyond the control of
either of the parties such as an act of God, fire, illness or physical disability of a key perfonner, acts
or regulations of public authorities or labor uuions, labor difficulties, lock-out, strike, civil tumult, war,
riot, power failure, air raid, or air raid alarm, act of a public enemy, interruption or delay of
transportation service for musicians, epidemic, ("Intervening Force"), the duties of the parties herein
SAN DlEOO SYMPHONY ORCHESTRA ASSOCIATION AGREEMENT
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PAGE!. 2
9...1,
specified including the duty of Symphony to perfonn and the duty of Presentor to pay shall be
suspended, each party to bear their own Costs incurred in the preparation of the concert to the time of
the Intervening Force. The deposit shall be forthwith retumed. Then each of the parties shall agree
to meet and confer for the purpose of rescheduling the perfonnance or perfonnances herein specified,
and all reasonable effort will be made to reschedule the perfonnance and to perfonn as herein specified.
Upon reaching an agreement as to a re-perfonnance, the deposit shall be paid back to the symphony.
10. EXCUSE FROM PERFORMANCE. The Symphony is not required to perfonn the concert or concerts
as herein specified if the area, material and facilities as herein, or as required in Addendum A to be
provided by Presentor have not been substantially provided.
11. NOTICE. Any notice which is provided to be given under the tenns of this agreement must be in
writing and may be given personally or by registered mail, directed to the Symphony at 1245 Seventh
Avenue, San Diego, CA 92101, and to the Presentor at its address as set forth below. Either party may,
by like notice, designate a different address for the serving of notices.
12. MODIFICATION. No modification or waiver of any of the tenns of this Agreement shall be valid
unless in writing and executed with the same fonnality as this Agreement. Failure of either party to
insist in anyone or more instances upon strict perfonnance of any of the tenns and provisions on the
other party's part to be perfonned, shall not be considered as a waiver or relinquishment of any such
tenn or provision for the future, and the same shall continue in full force and effect.
13. HOLD HARMLESS/INSURANCE
HOLD HARMLESS: Symphony agrees to indemnify and hold harmless the City of Chula Vista against
and from any and all damages to property or injuries to or death of any person or persons, including
property and employees or agents of the City, from any and all claims, demands, suits, actions or
proceedings of any kind or nature including worker's compensation claims, of or by anyone
whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or
omissions of the Symphony or any of its officers, agents or employees.
Presentor agrees to indemnify and hold harmless the Symphony against and from any and all damages
to property or injuries to or death of any person or persons, including property and employees or agents
of the Symphony, from any and all claims, demands, suits, actions or proceedings of any kind or nature
including worker's compensation claims, of or by anyone whomsoever, in any way resulting from or
arising out of the negligent or intentional acts, errors or omissions of the Presentor or any of its officers,
agents or employees.
INSURANCE: Symphony shall, throughout the duration of this Agreement maintain comprehensive
general liability and property damage insurance covering all operations hereunder of Symphony, its
agents and employees including but not limited to premises and automobile, with minimum coverage
of Five Hundred Thousand Dollars ($500,000.00) combined single limits. Evidence of such coverage,
in the fonn of a Certificate of Insurance shall be submitted to the City Clerk at 276 Fourth Avenue.
Said policy or policies shall provide thirty (30) day written notice to the City Clerk of the City of Chula
Vista of cancellation or material change.
Presentor shall, throughout the duration of this Agreement maintain comprehensive general liability and
property damage insurance covering all operations hereunder of Presentor, its agents and employees
including but not limited to premises and automobile, with minimum coverage of Five Hundred
Thousand Dollars ($500,000.00) combined single limits. Evidence of such coverage, in the fonn of a
SAN DffiOO SYMPHONY ORCHESTRA ASSOCIATION. AGREEMENT
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vi
,
,
Certificate of Insurance shall be submitted to the San Diego Symphony at 1245 Seventh Avenue, San
Diego. Said policy or policies sha1l provide thirty (30) day written notice to the Symphony of
cancellation or material change.
14. ASSIGNMENT. Each of the parties to this agreement are required to perform personal services to the
other party. Therefore, this agreement shall not be assigned by either party to any other person, firm,
association, organization, or entity without the prior written consent of the other party, which written
consent may be withheld for any purpose whatsoever in the sole discretion of the party whose consent
is required.
IS. CONSTRUCTION. This Agreement shall be construed, governed, and interpreted pursuant to the laws
of the State of California, and is a California Contract. This Agreement represents the full
understanding between the parties, and neither party shall be bound by any terms or undertakings other
than those contained therein.
IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED TIllS AGREEMENT THE DAY AND YEAR
BELOW WRITIEN.
PRESENTOR'S NAME:
CIlY OF CHULA VISTA
THE SAN DIEGO SYMPHONY ORCHESTRA
ASSOCIATION
BY:
BY: lDf'~ ~
WARREN O. SSLER
President
-
TITLE
276 Fourth Avenue
Chula Vista. CA 92010
PRESENTOR'S ADDRESS
DATED:
19_
DATED:
19_
SAN iJmoo SYMPHONY ORCHESTRA ASSOCIATION AOREEMENTuWPC F:\HOME\P.ARKSREC\1683R
PAGE 4
'1-~
Addendum to Contract:
ADDENDUM "A"
THE SAN DIEGO SYMPHONY ORCHESTRA ASSOCIATION
Summer Pops Runout Prolram
Presentor agrees to provide the following for outdoor concerts:
1. At least four (4) properly supplied restrooms, 2 mmed women and 2 DllI1ked men, for the exclusive
use of the Orchestta members, as required by the Symphony's Master Agreement. (portable restrooms
are acceptable. If portable restrooms are provided, then handiwipes shall be provided.)
2. 150' x 70' smooth and level space adequate for set-up of concert shell.
3. 110/220 single phase electrical service with 100 amps per leg to be located within 100 feet from
stage/shell.
4. Additional sound needs, if required, are to be contracted from the sound company designated by
Symphony.
5. Backstage security consisting of two (2) personnel beginning one hour prior to scheduled concert time
and ending one-half hour after conclusion of concert.
Symphony agrees to provide:
1. One (1) performance of approximately 90 minutes dwation.
2. Symphony Conductor and Program, to be determined by Symphony.
3. Equipment:
a. San Diego Symphony Orchestra acoustical shell.
b. Music stands and seating for the Orchestta.
c. Overhead lighting for the Orchestta.
d. San Diego Symphony Orchestta sound system for facilities with a seating capacity of up to
3,500.
e. Stage platform.
4. Production crew to set up Orchestta equipment.
5. Fireworks display to conclude the program.
ACCEPTED BY:
City of Chula Vista
LOCAL PRESENTING ORGANIZATION SIGNATURE
DATED: 19_
TITLE
SAN DIBOO SYMPHONY 0RCHBS11lA ASSOCIATION AaREEMBNT
WPC F:\HOMB\PARKSREC\16831l
')-? / '1-ID
PACE 5
ATTACHMENT B
AGREEMENT
This agreement is made by the SAN DIEGO UNIFIED PORT DISTRICT,
a public corporation, herein called "District" and the CITY OF
CHULA VISTA, herein called "Contractor."
RECITALS
1. Contractor has a Program known as the San Diego symphony
Concert at Marina View Park during the summer of 1993.
2. The Program to be accomplished by Contractor contributes
to a balance of District navigational, commercial, fisheries,
recreational and promotional programs designed to enhance the well-
being of San Diego Bay tidelands.
3. The Program to be accomplished by Contractor is of such
nature that the interests of District are better served by an
agreement with Contractor than by the performance of such a program
by District.
THE PARTIES AGREE:
In consideration of the recitals and the mutual obligations of
the parties as herein expressed, District and Contractor agree as
follows:
1. Program: Contractor shall conduct those program
activities budgeted and contained in Exhibit A, attached hereto and
incorporated herein by reference as a part of this agreement. Each
specific program activity shall be subject to prior approval of the
District.
2. Contract Administrator: The Public Affairs Department of
1
94/
the District is designated as the Contract Administrator of this
agreement and shall receive and process all reports and requests
for payment. All correspondence shall be sent to the following
address:
Mr. Dan E. Wilkens
Deputy Port Director, Public Affairs
San Diego Unified Port District
Post Office Box 488
San Diego, CA 92112
3. Term of Aqreement: The term of this agreement shall be
from July 1, 1993, through June 30, 1994. It is acknowledged that
the symphony Concert specified herein is a singular and one time
event on August 22, 1993.
4.
General Terms and Conditions:
The General Terms and
Conditions attached hereto are incorporated by reference as though
fully set forth herein and by this reference are made part of this
agreement.
5.
Payment:
District shall pay Contractor a sum not to
exceed Twenty One Thousand Eight Hundred and Fifty Dollars
($21,850) to be used to perform the Program activities shown in
Exhibit A, subject to obtaining prior approval from the District as
provided in Section 1, above.
a. No payment shall be made by District if any
report (see sections 1, 5, 8 and 9) required by this and
previous agreements is not on file at the time payment is
due.
b. Payment shall be solely for reimbursement of
2
q~/~
expenses already paid by Contractor. Requests for
reimbursement shall be submitted no more often than
monthly and shall provide proof of both incurrence and
payment [See Section 5. c. (2) ]. Expenses must be incurred
within the term of this agreement.
c. Payments shall be made upon written request to
the Contract Administrator. Each request shall consist
of:
(1) A completed "Request for Reimburse-
ment" form which shall be provided by the
Contract Administrator. Only expenditures for
program activities for which prior approval
from the District was obtained will be
reimbursed, provided, however, the Contract
Administrator may in exceptional circumstances
reimburse unforeseen expenses relating to the
funded objectives of the Contractor.
( 2) Proof that the expenses were both
incurred and paid. Proof of incurrence and
payment is defined in General Terms and
Conditions attached hereto. Expenses must be
incurred within the term of this agreement.
d. Final requests for payment shall be submitted
within Sixty (60) days after the end of the term of this
agreement.
3
9-1;1
e. Payments shall not be made by District unless, and
until, Contractor has provided to Contract Administrator a
plan, acceptable to said Administrator, of appropriate public
recognition or credit for the financial assistance as
described herein.
f. No portion of District funds under this
agreement shall be used for the purchase of awards,
trophies, prizes, gifts, uniforms, capital outlay,
equipment or the buildup of reserves.
6. Excess Costs: District shall not be held accountable or
liable for any monetary losses incurred as a result of conducting
said program. It is agreed that District's monetary contribution
is limited to that stated herein and that District shall not be
responsible for cash costs or support services.
7. Limits of District Responsibility: It is expressly
understood and agreed that this agreement constitutes the entire
agreement between Contractor and District and supersedes all prior
negotiations. In no event shall Contractor be entitled to any
compensation, benefits, reimbursements or ancillary services other
than as expressly provided in this agreement. No modifications or
amendments of this agreement shall be valid unless duly authorized,
reduced to writing and signed by the parties hereto.
8. Reportinq Requirements:
a. By September 30, 1993, Contractor shall submit
a Performance Report which shall provide a quantitative
4
9-/'1
indicator of the extent to which the Program activities
contained in Exhibit A have been met. This report form
shall be provided by the Contract Administrator.
b. Quarterly reports shall be accompanied by copies
of publicity and advertising material evidencing credit
to the District for its financial support.
c. Contractor shall inform Contract Administrator
in writing upon the resignation, retirement or discharge
of its executive director or other managing agent, or a
majority change in the membership of the board of
directors.
9. Financial Disclosure: Within Ninety (90) days after the
end of Contractor's fiscal year, Contractor shall file with the
Contract Administrator duly certified copies of true, accurate and
complete documents evidencing Contractor's financial status as
follows:
a. A statement of the expenditure of District funds
by Program activities identified in Exhibit A and
compared with budgeted amounts.
b. A statement of compliance with the terms of the
District's agreement.
c. A statement of revenues and expenditures and a
balance sheet of all funds received by the Contractor.
10. No Third Party Beneficiary: This agreement is made and
entered into for the benefit of the District and Contractor only,
5
9., /.5'
and is not intended for the benefit of any third party or any other
person, and no such third party or any other person shall be a
third party beneficiary to this agreement or otherwise have the
right to enforce any provisions of this agreement.
11. Signatures Required:
This agreement shall not be
complete nor effective until signed by either the Port Director or
Assistant Port Director on behalf of the District and by the other
party.
DATED
SAN DIEGO UNIFIED PORT DISTRICT
By
Port Director
JOSEPH D. PATELLO
Port Attorney
g.j?~
CITY OF CHULA VISTA
6
9.../[,
EXHIBIT A
City of Chula Vista (City)
functions and support services
symphony concert on August 22,
shall provide all administrative
and equipment to conduct an outdoor
1993, at Bayside Park.
1. City shall enter into a contractual agreement with the San
Diego Symphony Orchestra (Symphony) to provide the concert.
The contractual agreement shall include provisions for a 90
minute concert that will start at 7: 30 PM. The Symphony shall
provide the musical performance, as well as a portable
orchestra shell, sound system, stage platforms, lighting,
chairs, music stands, and other required equipment, and labor
to set up and remove said equipment.
2. City shall provide, at City cost, all other required equipment
and services for the event, which includes, but is not limited
to, the following:
A. electrical power suitable for the Symphony's needs
B. required Police services for traffic and crowd control
C. a fireworks display to accompany the final concert number
D. portable toilets for the Symphony and the public
E. trash receptacles and trash control
F. shuttle bus service (free to the public)
3. City shall provide, at City cost, adequate promotions and
media exposure for the event, identifying the San Diego
Unified Port District as a co-sponsor of the event. Publicity
shall include, but not be limited to, the following:
A. preparation and distribution of press packages and press
releases
B. contact with local and area multi-media providers,
encouraging promotions and release of public service
announcements and feature articles
C. purchase of paid advertising space in local and area
newspapers
D. design, printing, and distribution of approximately
10,000 event flyers
E. design, printing, and distribution of approximately of
6,000 event programs to the be distributed at the concert
F. announcements at all Summer Concert Series concerts,
reminding concert participants of upcoming events
(reaching an average of 1,200 participants/week)
G. announcements in City's Quarterly publication which is
distributed by mail to most single family dwellings in
the City
H. 1/3 page announcement in Parks and Recreation Department
brochure that is distributed to approximately 20,000
homes in Chula vista via a distribution through City
schools
9"'1?
GENERAL TEBMS AND CONDITIONS
These general terms and conditions are part of the terms and
conditions of the attached agreement between the SAN DIEGO UNIFIED
PORT DISTRICT, first party~ and the Organization or Organizations
described in and signatory to the agreement.
1. Definitions:
a. "District" means the San Diego Unified Port
District, a public corporation.
b. "Port Director" means the duly appointed,
qualified and acting Port Director of District.
c. "Board" means the duly appointed, qualified and
acting Board of Port Commissioners of District.
d. "Organization" means the civic organization
completely directing and in complete control of its own
affairs through its own officers or member which is named
in the attached agreement and is signatory thereto.
Wherever used herein and when appropriate, "Organization"
shall be deemed to also mean "Contractor" or
"Corporation."
e. "Related Parties" or "Subcontractor" means an
individual or entity with whom the organization contracts
in order to carry out the program described in the
attached agreement.
f. "Contract Administrator" means the duly
appointed, qualified and acting Contract Administrator as
designated by the Port Director.
7
9""'IY
g. "Revenue" means funds received by the
Organization from various sources. All major sources of
revenue must be listed separately. Minor revenue sources
can be listed separately or grouped.
h. "Expenditures" means funds disbursed by the
Organization for various expense categories. Where a
budget has been established, the expenditures should be
grouped and recorded in accordance with the budget. If
a budget has not been established, then expenditures
would be grouped according to specific expense
categories.
2. Proof of Incurrence and Payment. Requests for
reimbursement shall be accompanied by proof of both incurrence and
payment.
a. Incurrence shall be proven by invoice, bill,
contract or other document acceptable to Contract
Administrator. All expenses must be incurred within the
term of the agreement between District and Organization.
Allowable exceptions shall be determined by Contract
Administrator.
b. Payment shall be proven by indicating the check
number and date of check on submitted invoice, bill, etc.
Contract Administrator may require canceled check as
additional support.
c. Request for reimbursement of payroll expenses
shall be accompanied by: il an independently prepared
8
~-ICf
--,
payroll register, or ii) an in-house payroll register and
canceled payroll checks. Requests for reimbursement of
Payroll Taxes shall be supported by depository receipts or
canceled checks used for paying the taxing authority.
d. District will not reimburse cash advances (e.g.
travel expenses) or refundable deposits (e.g. telephone
installation, rental equipment).
3. Maintenance of Records. Organization shall keep, or
cause to be kept, true, accurate and complete records, including
double entry books, a profit and loss statement, and a balance
sheet, making it at all times possible to determine the nature and
amount of revenue and expenditures. Accounting for all revenues
and expenditures shall conform to generally accepted accounting
principles: A separate accounting of the expenditure of funds
received from the District shall be maintained in the accounting
records and financial reports. All of Organization's expenditures
and transactions shall be supported by documents of original entry
such as sales slips, cash register tapes, purchase invoices and
receipts. Documents supporting a profit and loss statement shall
be retained by Organization until an audit of Organization 's
records is conducted by District, or until a period of Three (3)
years has elapsed, whichever occurs first. Organization shall also
maintain adequate output information according to the following
guidelines:
a. Information shall include quantitative
measurements of program effectiveness and/or output.
9
9 *' ,;J..(/
b. Information shall be as directly related to
program funding requirements as practical.
4. Inspection and Audit of Records. All books, statements,
documents, records and financial data of Organization shall be made
available in the City of San Diego and be open at all times for
inspection and/or audit by District upon reasonable notice. The
District shall have the right to make copies or excerpts of
pertinent documents. Further, District has the option of
conducting an audit of all books, statements, documents, records
and financial data of the Organization's related parties and/or
subcontractors.
5. Financial Disclosure. Within Ninety (90) days after the
end of Contractor's fiscal year, Contractor shall file with the
Contract Administrator duly certified copies of true, accurate and
complete documents evidencing the financial status for Contractor's
immediately preceding fiscal year as follows:
a. A statement of the expenditure of District
funds by program to be identified in the same categories
as contained in the final budget and compared with
budgeted amounts.
b. A statement of compliance with the terms of
this contract with the District.
c. A statement of revenue and expenditures and a
balance sheet of all funds received by the Organization.
d. If District funding is Twenty Thousand Dollars
($20,000.00) or greater, audited financial statements,
10
9")./
including that mentioned in a, band c, above, must be
prepared by an independent Certified Public Accountant.
(If Contractor receives funding from Two (2) District
fiscal years during Contractor's fiscal year, Financial Disclosure
shall include separate data for each District fiscal year.)
6. Independent Contractor. Organization is and shall at all
times be and remain an independent contractor and not an agent or
employee of District.
7. Related Parties or Subcontractors. Services rendered to
Contractor through a subcontracted agreement shall be substantiated
by detailed invoice. Services rendered by a consultant shall be
substantiated by invoice and contract between Organization and
consultant. Contract Administrator shall determine whether
additional reporting or supporting documentation is necessary.
8. Hold Harmless. Contractor agrees to defend, indemnify,
protect and hold District and its agents, officers and employees
harmless from and against any claims, cause of action or damage or
inj ury to person or property, including injury to Contractor's
employees, agents or officers, which arise from or are connected
with or are caused or claimed to be caused by the acts or omissions
of Contractor and its agents, officers or employees, in performing
the work or services herein, and all expenses of investigating and
defending against same; provided, however, that Contractor's duty
to indemnify and hold harmless shall not include any claims or
liability arising from the established sole negligence or willful
misconduct of the District, its agents, officers or employees.
11
9"';.2.
9. Insurance. The Port Director may require Contractor to
secure and maintain liability insurance naming the San Diego
Unified Port District as an additional insured. Such insurance
shall be secured from an: insurance company acceptable to the
District and in an amount as may be required by the Port Director.
Organization shall deliver to the District a certificate evidencing
such insurance which shall provide Thirty (30) days notice to be
given to District in the event of a cancellation.
10. Assignment. Organization shall not assign this agreement
or any right or interest hereunder without prior written consent of
District. An assignment by operation of law shall automatically
terminate this agreement.
11. Interest of Orqanization. Organization, officers and
members covenant that they presently have no interest and shall not
acquire any interest, direct or indirect, which would conflict in
any manner or degree with the performance of services required to
be performed under this agreement. Organization further covenants
that in the performance of this agreement no person having any such
interest shall be employed.
12. Activities Prohibited. Organization agrees to the
following prohibitions:
a. Organization shall not use directly or
indirectly any of the funds received from the District
under this agreement for the following purposes:
(1) To purchase awards, trophies,
prizes, gifts, uniforms or equipment.
12
9"'~J
( 2) To support capital drives or buildup
reserves.
(3) For any political or religious
activities whatever.
b. Organization shall adopt and follow a policy
prohibiting endorsement of commercial products or
services for purposes of advertisement.
13. Equal Opportunity and Non-Discrimination. Contractor
hereby agrees to comply with Title VII of the Civil Rights Act of
1964, as amended, the California Fair Employment and Housing Act,
and any other applicable Federal and State laws and regulations
hereinafter enacted prohibiting discrimination, including without
limitation laws prohibiting discrimination because of race, color,
national origin, religion, age, sex or handicap.
14. Withholdinq of Funds and Termination. The District may
withhold funds from the contracting Organization and terminate its
entire obligation upon notice to the Organization if the
Organization violates any of the terms of the agreement, or for
other good cause shown not related to a violation of the terms of
the agreement. The Port Director shall thereafter advise the Board
of the notification of termination made to the Organization.
13
9....2i
\;\
ATTACHMENT C
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND ACTIVITY PERMIT
PERMITTEE: City of Chula Vista
USE OR ACTIVITY: Symphony Pops Concert
LOCATION FOR WHICH PERMIT ISSUED: Bayside Park
EFFECTIVE DATES: August 22 , 1993
SECURITY DEPOSIT: N/A
THIS PERMIT FOR TIDELAND USE IS ISSUED SUBJECT TO THE FOLLOWING
TERMS AND CONDITIONS:
1. Permittee shall comply with all applicable laws, rules and regulations of
the District and other governmental entities.
2. Permittee shall keep the property and all equipment used in connection
with this permit In a clean, safe and sanitary manner and In good repair at all
times. All or any portion of the security deposit shall be available
unconditionally to the District for the purpose of cleaning or repairing
damages to the property upon termination of this permit.
3. This permit may be cancelled by either party by the giving of twenty-four
(24) hours notice In writing to the other party. Such cancellation shall be
without liability of any nature.
4. This permit shall not be transferred or assigned.
6. Permittee shall defend, Indemnify, and hold harmless District, Its officers
and employees against all causes of action, for Judicial relief of any kind, for
damage to property of any kind whatsoever, and to whomever Itelonging,
Including Permittee, or Injury to or death of any person or persons, Including
employees of Permittee, resulting directly or Indirectly from activities in
connection with the Issuance and performance of this permit or arising from
the use of the property, facilities or services of District, Its officers or
employees.
9-25
6. Permittee shall maintain comprehensive public liability (covering
operations, products and completed operations) and blanket contractual
coverage Insurance throughout the term of this permit. The policies shall, as
a minimum, provide the following forms of coverage: $1 million combined single 1 imit
(A) Personal Injury and Bodily Injury:
One Person $
One Occurrence $
(B) Property Damage $
Certificates of such insurance, in a form satisfactory to the District, shall be
filed with District's Community Relations Department. Insurance certificates
flied pursuant to this permit shall contain a non-cancellatlon-wlthout-notlce
clause and shall provide that copies of cancellation notices shall be sent to
the District.
7. The rights and privileges extended by this permit are non-exclusive.
8. Permittee shail not engage in any activity on property of the District other
than the activity for which this permit Is expressly Issued.
9. Permittee shall be subject to and comply with any special conditions
attached hereto.
10. Permittee shail comply with all requirements and directives of the Port
Director of District.
11. In the event of failure of Permittee to comply with any provision of this
permit, this permit may, at the discretion of the Port Director, be terminated
immediately.
SAN DIEGO UNIFIED PORT DISTRICT
Approved:
Permittee hereby accepts this permit and agrees to comply with all the terms and
conditions thereof.
Permittee's signature
.~l
Address:
City of Chula Vista
276 Fourth Ave. Chula Vista, CA 91910
Telephone: 691-5140 - Contact: Brian Cox
(2)
9":2 (,
CHECKLIST FOR THE USE OF TIDELAND PROPERTY
Date request received
in CR Dept.:
Please comDlete each Item below.
1. Sponsoring individual or group:
. City of Chula Vista
2. Address and telephone number of contact person:
Brian Cox, Recreation Supervisor II
276 Fourth Avenue, Chula Vista, CA 91910
691-5140
3. What type of event is planned?
Symphony Pops concert
4. Where exactly on the bayfront?
Bayside Park - North & South sections
5. Day and date of event:
Sunday, August 22, 1993
6. Time: Start 7:00 A.M. Finish 10:00 P.M.
Actual concert will take place between 7:30 P.M. - 9:00 P.M.
7. Will traffic be affected?
Traffic will be heavier in the area between 6:00 - 10:00 P.M.
Chula Vista Police will coordinate traffic control
e. How many persons expected to attend?
4,000 - 8,000
9. If large group, what security arrangements have been made?
Chula Vista Police will coordinate crowd control
10. If commercial or catered event, do you have liability insurance coverage?
N/A
Please retum this checklist (within 10 working days) or your" request for an event on Port tidelands will be
canceled.
4/93
lj-.). 7.
ATTACHMENT D
INDEMNIFICATION AGREEMENT - ROHR, INC.
The City of Chula Vista agrees to indemnify and hold harmless
Rohr, Inc., from any liability arising from the City's use of
Rohr, Inc.'s employee parking lot located at "G" Street and Marina
Parkway. Said property, which is owned/leased by Rohr, Inc. will
be used for public parking during a City sponsored Symphony Pops
Concert on Sunday, August 22, 1993.
The City of Chula Vista also agrees to defend Rohr, Inc. in any
litigation arising from this activity.
DATE
Tim Nader, Mayor
City of Chula Vista
popsrohr.93
9'.2 J
ATTACHMENT E
SYMPHONY POPS CONCERT BUDGET
Generator Rental
Fireworks
Promotions
Portable Toilet Rental
Shuttle Bus Service
Traffic Control Equipment Rental
Misc. Equipment (stakes, flag line, barrier tape, etc.)
Police Services
Electrician Services
Parks & Recreation Staff - Recreation Supv II
Recreation Leader
Sr. Gardener
Gardener II
Gardener I
Gardener I
TOTAL
popsbudg.93
$
650.00
2,500.00
3,000.00
800.00
700.00
200.00
175.00
1,400.00
320.00
340.00
565.00
145.00
125.00
105.00
95.00
$11,120.00
9-3/ / '1-3'-
.
.
.
~~~
::d:_ :
.........~~.-..;:
.......""t..~.......
~---
CllY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
August 5, 1993
To:
The Honorable Mayor and City coun~
Bruce M. Boogaard, City Attorney~
Agenda Item No. 9 - Symphony Concert
From:
Re:
The City Attorney wishes to advise the city Council that the
following risks associated with concert may occur:
Symphony retains the right to change the program, or the
conductor without the approval of the City.
If the Symphony cannot be performed due to weather or other
forces, the City is obligated to negotiate for its reschedule.
The City Attorney has no problem with the City assuming these risks
as long as the Council is aware of them.
1.
2.
BMB:lgk
cc: John Goss
Jim Thomson
Jess Valenzuela
John Gates
q-~3
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5037
COUNCIL AGENDA STATEMENT
Item No.: It:)
Meeting Date: 8-10-93
SUBMITTED BY:
J7~/7
Resolution authorizing conditional temporary closure of various
streets in the EastLake Business Park and EastLake Greens Communities
on Saturday, August 28, 1993 for a 5K/10K run.
Director of Parks and Recreatio~
City Manager 1(; .~. ;jT
The Bonita Sunrise Rotary Club (sponsor) is requesting permission to conduct a 5K/lOK run Saturday,
August 28, 1993, from 7:15 a.m. to 9:30 a.m., in the EastLake Business Park and EastLake Greens
communities.
(4/5ths Vote: Yes_ No.lO
ITEM RESOLUTION:
REvmWED BY:
RECOMMENDATION: That Council adopt the resolution subject to staff conditions.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: The Bonita Sunrise Rotary Club is requesting permission to conduct the Second Annual
Bonita Sunrise Classic 5K/10K race in the EastLake area on Saturday, August 28, 1993.
Similar events have been held on this same course without any incident or cost to the City. Both events
would start at the Gateway Building at the corner of Otay Lakes Road and Lane Avenue, and would
follow the routes indicated on the attached area plats (Attachments "A" and "B") with finish lines at
Scobey Park in the EastLake Business Park. The sponsor is expecting approximately 250 participants
at the event, and is using a race consultant to assist them with planning and organizing the event.
The sponsor is not anticipating any lengthy street closures during the event, although Otay Lakes Road,
Eastlake Parkway and the streets in the business center area (Fenton, Lane, Boswell and Miller) will be
closed temporarily to traffic during the start of the 10K run. These streets are in remote locations. The
closures will not exceed a few minutes in length, and will be monitored by motorcycle officers and police
explorer scouts. The sponsor, working in conjunction with the Police Department, will monitor and
control traffic at all street intersections along the course of the run. Participants in the walking event will
be instructed to follow all normal safety precautions when crossing streets.
The event will require participants to cross Otay Lakes Road at the intersection of Eastlake Parkway.
The sponsor will have appropriate safety measures in place at this intersection, based on input from the
Police Department and Traffic Engineering. The traffic signal at this intersection will be set to blinking
red in all directions during the event, and traffic alert signs will be posted at appropriate intervals east
and west of the intersection, cautioning motorists of the need to stop. Temporary "Stop" signs will be
placed at the intersection, and police officers will monitor and control traffic through the intersection.
The Transit Division has reviewed the proposed event and bus routes will not be impacted by the event
crossing Otay Lakes Road.
111"'1
The sponsor has provided a $2 million insurance policy, portable toilets, appropriate trash containers and
trash control, necessary traffic control equipment, and required Police services at their own expense.
EastLake is a sponsor of the event, and residents in the area have been notified about the event. In
addition, the sponsor has notified homeowners with a flyer regarding the event. The EastLake
Homeowner's Association and the EastLake Business Owner's Association have been notified of the event
proposal.
If approval is granted for this event, it is recommended that the sponsor be subject to the following
conditions :
I. The sponsor shall submit proof of insurance in the form of a certificate of insurance and policy
endorsement for a minimum of $1 million, naming the City as additional insured. The Risk
Manager's office has reviewed this condition and concurs.
2. The sponsor shall execute the standard hold harmless agreement.
3. The sponsor shall provide all necessary supplies and services including portable toilets, trash
receptacles, crowd and traffic control, traffic control equipment, signage, and required Police
services at their own expense.
4. The sponsor shall arrange for required traffic warning signs on Otay Lakes Road as specified by
the Traffic Engineer, and the sponsor shall utilize Chula Vista Police Officers to control the
intersection at their own expense.
FISCAL IMPACT: None. The event sponsor shall pay for all City services required at the event.
Attachments: "A" - Route of IOK run NOTSCANNEn
"B" - Route of 5K run
NOT SCANNEi)
KGL:kw
(A:\WP51\ELAKERUN)
IP*',).
RESOLUTION NO.
17,;(17
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING CONDITIONAL TEMPORARY
CLOSURE OF VARIOUS STREETS IN THE EASTLAKE
BUSINESS PARK AND EASTLAKE GREENS COMMUNITIES
ON SATURDAY, AUGUST 28, 1993, FOR A 5K/10K RUN
WHEREAS, the Bonita Sunrise Rotary Club is requesting
permission to conduct a 5K/10K run on Saturday, August 28, 1993,
from 7: 15 a.m. -9: 30 a.m., in the EastLake Business Park and
EastLake Greens communities.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby authorize conditional temporary
closure of various streets in the EastLake Business Park and
EastLake Greens Communities on Saturday, August 28, 1993, for a
5K/10K run on the following conditions occurring prior to street
closure:
1. The sponsor shall submit proof of insurance in the
form of a certificate of insurance and policy
endorsement for $1 million, naming the City as
additional insured.
2.
The sponsor shall
agreement in a
Attorney.
3. The sponsor shall provide all necessary supplies
and services including portable toilets, trash
receptacles, crowd and traffic control, traffic
control equipment, signage, and required Police
services at their own expense.
execute a standard hold harmless
form acceptable to the city
4. The sponsor shall arrange for required traffic
warning signs on Otay Lakes Road as specified by
the Traffic Engineer, and the sponsor shall utilize
Chula vista Police Officers to control the
intersection, at their own ense.
Presented by
Jess Valenzuela, Director of
Parks and Recreation
, C1t
C:\n\lOK nul EL
Id-;J
.
.
.
SCOB~Y PARK 5 km
. E~STL~KE., C1"HJL~ V\SiA, CP\
i
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'-I
.BoswE:l..L
t- CREEKW~~
WAV
START - concrete walk to 900 LANE AVE
1 MILE - 14m before first high voltage power lines
2 MILE - W side of CREEKWOOD WAY
3 MILE - 20m after KUHN DR
FINISH - 8th joint after first concrete bench after FENTON ST
11'>
.';---
.
SCOBEY PARK 10 Km
EA.STL~KE: I CKUL~ V\STt\ I C~
,
.
BOSWELL
~cP't-
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c.\J
,
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~
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START - N side of (nameless) building
30m N of driveway to CREASER PRICE building
1 MILE - 11m before "SPEED LIMIt 40" signs
2 MILE - glass door to (temporary) (golf) clubhouse
45m after driveway to EASTLAKE COUNTRY.CLUB
3 MILE - 5m after SUMMERHILL AVE
5 Km center of GREENBRIAR DR
4 MILE - hydrant (S side), 25m before "ROUTE 125"
5 MILE - N side of CLEARBROOK DR
6 MILE - 3 water (valve) covers, 40m before FENTON ST
FINISH - 8th joint after first concrete bench after FENTON ST
.
//)"'7
Road Running Technical Council
USA Track & Field
M easureme.nt Certificate
Te'Oflllzed by
RRCA
.
""'"
Sc 0 6E e: ?AI2.k.... '0 K Distance .J 0 K (Yl
,.
Location (swe) ell (city) CHULA I//S'1'.4.
Type of course: road race 18. cross country 0 calibration 0 track 0 Configuration: 2 L{) () P ~
Type of swface: paved If) O' ~ dirt ~ gravel ~ grass ~ track
Altitude (meters above sea level) Start / q D ./YI Fmish '20 7. WI Highest I ,/ foil Lowest
Straight line distance between start & iiiush:' . Goo m -' ~p D. 7 m/Ian -' Separation
...,.
Measured by (name. address, & phone) 'BoB LE.TSoo,v. [)i!)t.fG PI+LrE.tJ,SCH.4T
.
2870 aMUl.Et sr. .s,t1N))/E(;,~ , C.A
~ce contact (name. address. & phone) 'j)owG, PIlLE./J-SCH"fT
- I
574/ CE.1IlTJe4L ~1I. BOJ/TA. c.1'f 9/9"2-
>1easuring Methods: bicycle IXl steel ti1pe d electronic distance meter 0
.[umber of measurements of entire course: Two Date(s) when course measured: 7 - I 0 -'73
uce date: Course paperwork postmark date: .. . 7-1 2. - e; 3
_~ifference between two best measurements of the ~urse: 1'1 1"\ ~ Certifi~iion code: ell 9 3bZ/1<5
't LE:r.sorJ "'t:I'I~tJleG.b /liOI()n1
I'I'JLSN.kItA1" /tI tl2.'1"'" .
{eplaces (if applicable)
Name of the course
%
183M
S
%
'12/2.3 /,/9 292 - 'to'- 3
&,/9 If 71J- 81-57
""'"
Notice to Race Director
Use this Certification Code in all public
announcements relating to your race.
Be It Officially Noted That.
Based on examination of data provided by the above named measurer. the course described above and
in the map attached is hereby certified as reasonably accurate in measurement according to the stan.
dards adopted by the Road Running Technical Council. If any changes are made to the course. this (;er-
tification becomes void. and the course must then be recertified. . .'. . '. .
Validation o/Course-In the event a National Open Record is set on this course, or at the discretion
of USA Track & Field, a validation remeasurement may be required to be performed by a member of
the Road Running Technical Council. If such a remeasurement shows the course to be short. then all .
pending records will be rejected and the course certification will be cancelled.
AurollUltic Expiration - This certification automatically expires ten years after date of issue. although
It may be renewed for additional ten-year periods upon testimony to RRTC that the course is still In
use, and has not been altered. and that all key points (start. finish, turn-around points. cone positions,
etc.) described on the attached map can slill be located precisely. ,
AS NATIONALLY CERTIFIED BY:
. ...... J
"- ..
~"'~~
~
Dale:
7- 10/-73
~
Scardera - USATF/RRTC National Certifier
Camrose Drive. Los Angeles, CA 90Q68 - (213) 874-6867
//)-y
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item 1/
Meeting Date 8/10/93
Resolution /?:llr Accepting bids and awarding contract fot
tree trimming services in the City of Chula Vista, California
Director of Public Works ~
City Manager {fb .~ 7T (4/5ths Vote: Yes_No X)
ITEM TITLE:
REVIEWED BY:
At 2:00 p.m. on July 21, 1993, in the Public Services Building, the Director of Public Works
received sealed bids for tree trimming services in the City of Chula Vista.
RECOMMENDATION: That Council adopt the resolution accepting bids and awarding
contract to Golden Bear Arborists, Inc. in the amount of $149,995.50.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The tree trimming project combines budgeted amounts for both FY 1992-93 and FY 1993-94
budgets. The subject project includes the trimming of a total of 5,011 trees located at various
locations throughout the City.
On the bid opening date, bids were received from six contractors as follows in order of the
lowest first:
CONTRACTOR BID AMOUNT
1. Golden Bear Arborists, Inc., Monrovia $149,995.50
2. Trimming Land Co., Inc., Los Angeles 165,689.00
3. Aztec Landscape, Inc., Lemon Grove 169,500.00
4. West Coast Arborists, Inc., Buena Park 171,317.00
5. Atlas Environmental Services, Inc., San 173,663.00
Diego
6. Davey Tree, Livermore 203,133.59
The low bid received from Golden Bear Arborists, Inc. is below the budgeted amount of
$160,000.00 by $10,004.50 or 6.25%. We have reviewed the low bid and recommend
awarding a contract to Golden Bear Arborists, Inc. Golden Bear performed satisfactory work
for the City in the past when they did the tree trimming for Fiscal Year 1991-92.
II~J
Page 2, Item I)
Meeting Date 8/10/93
Prevailing Wage Statement
This project is funded initially by the City's General Fund then reimbursed by the Gas Tax
Fund. Since tree trimming is a service contract project, 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.
Environmental Status
The City's Environmental Review coordinator has determined that this project is categorically
exempt under Class 1, Section 15301(h) "Maintenance of Existing Landscaping."
Disclosure Statement
Attached is a Disclosure Statement executed by the Contractor.
FUNDS REQUIRED FOR CONSTRUCTION
l. Contract Amount $149,995.50
2. Contingencies 9,916.76
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $159,912.26
FUNDS AVAILABLE FOR CONSTRUCTION
l. 100-1450-5203 $159,912.26
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $159,912.26
FISCAL IMPACT: This action will authorize the expenditure of $159,912.26 of previously
appropriated funds.
Attachment: Bidder Disclosure Statement NOT SCANNED
SA:JY ~063
WPC F:\home\engineer\agenda\treetrim.con
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RESOLUTION NO.
) 7;Vr
RESOLUTION OF
CHULA VISTA
CONTRACT FOR
CITY OF CHULA
THE CITY COUNCIL OF THE CITY OF
ACCEPTING BIDS AND AWARDING
TREE TRIMMING SERVICES IN THE
VISTA, CALIFORNIA
WHEREAS, at 2:00 p.m. on July 21,
Services Building, the Director of Public
following six bids for Tree Trimming Services
Vista, California:
1993, in the Public
Works received the
in the city of Chula
Golden Bear Arborists, Inc.
Monrovia
$149,995.50
Trimming Land Co.
Los Angeles
$165,689.00
Aztec Landscape, Inc.
Lemon Grove
$169,500.00
West Coast Arborists, Inc.
Buena Park
$171,317.00
Atlas Environmental Services, Inc.
San Diego
$173,663.00
Davey Tree
Livermore
$203,133.59
Davey Tree surgery Co.
Livermore, Ca.
$92,530.12
WHEREAS, the low bid by Golden Bear Arborists, Inc. is
below the budgeted amount of $160,000.00 by $10,004.50 or 6.25% and
said bid has been reviewed by staff who recommends awarding the
contract to Golden Bear Arborists, Inc. who can produce an
acceptable performance bond.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby accept said six bids and awards
the contract for tree trimming services in the City of Chula Vista,
California to Golden Bear Arborists, Inc. in the amount of
$149,995.50.
John P. Lippitt, Director of
Public Works
he
and
BE IT FURTHER RESOLVED that the Mayor be,
hereby authorized and directed to execute said contrac
behalf of the city of Chula vista.
Presented by
C:\r8\tree trim
1)"'3
07-28-1993 09:07
818 357 5260
GOLDEN BEAR ARBORISTS, INC.
P.02
THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT
You arc required lO file a Statement of disclosure of certain ownership interests, payments, or campaian
conll'ibulions, on all matters which will require discretionary action on me part of the City Council, Planning
Commission, and all other official bodiu. The following lnfonnation must be disclosed:
1. Ust me names of all persons havina a financilll interest in the property which is me subject of the
application or the contract, e.g., owner, applicant, ContraClOr, subcontraclOr, material supplier.
1ft ran lEAl .a--ISTI.. IIIC.
IMD IDYAoIIA'h PlESIDD1'/SlCRETAlY~&El
2. If any person'" identified pursuant lo (I) above is a corporlltion or partnership, list the names of all
Individuals owning more man 10% of the shares in me corporation or owning any partnership interest in
the partnership.
IMD IDYA.lJAII
3. U any person'" identified pursuantlO (l) above is non-protit organization or a trust, list the names of any
person serving as director of the non-profit orgllniZlltion or as trustee or beneficiary or trustor of the trust.
.tA
4. Have you had more thlln $250 worth of business trllnsacted with llny member of the City staff, Bolll'ds,
Commissions, Committees IlIld Council within the pust twelve months? Yes _ No ..L-
If yes, please indicate person(s):
S. 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 mlltter.
IMD IDYA.lIAI
6. Have you and/or your officers or agents, in the aSllI'llSllte, contributed more thllll $1,000 to a Councilmember
. in the current or precedlns election period? Yes _ No-!....
If yes, slate which Councilmember(s):
*lmIa ill de,.... All: ~AIQ' UWJ~I"""" ft!.".,,.,,.,,,,ItJ,,jtJJ,., .....H, ~;.uIC'''. Mitll r/"n./rM~'IW' MI.uf4".II'M. nw,DNllfIII. "'tflf, ,""" ~" ~UiNI~, IIUI tilt"....)'
Mitt, ntMI)I. nl1.,ad r~",., elf), .....wi,alir" tU,,,'rt ", lIfIl" r*llkll """11"", ., ."J" 01"" ,,...,,. w r_i"lIIlnII tftfi., ... cI "*1..
(N011l: .......h_l_ ..~)
..
Date: AY I', I""
Icant
IlIAD IOYAJIAI, PIlESIDEIT
Print or type nllme of conuactor/applicllllt
Wl'C p~_OlNlllllt\lOOI.93
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".S.16
Propollll
COUNCIL AGENDA STATEMENT
Item )~
Meeting Date 8/10/93
ITEM TITLE: Report: Notification of City intent to not renew lease agreement with San Diego Gas
& Electric for Easement - Parcel No. 141-37-54H
SUBMITTED BY: Director of Parks and RecreatioQ
-1/" j 11
City Manager rj (; l' r.
REVIEWED BY:
(4/5ths Vote: Yes_NolO
The City currently has several lease agreements with SDG&E for utility easements for park sites. Staff
is recommending the cancellation of lease agreement for Parcel #141-37-54H adjacent to Palomar Park.
Cancellation of the lease agreement between the City and San Diego Gas & Electric Company for use
of utility easement property requires notification by either party.
RECOMMENDATION: That Council direct staff to send an official notification to San Diego Gas and
Electric of the City's intent to cancel existing lease agreement for Parcel #141-37-54H.
BOARDS/COMMISSIONS RECOMMENDATION: At its regular meeting of July 15, 1993 the Commission
voted 5-0 (Willett Out) to support staff's recommendation to send an official notification to San Diego Gas
and Electric of the City's intent to cancel existing lease agreement.
DISCUSSION: The City of Chula Vista and San Diego Gas and Electric entered into a 20 year lease
agreement in September 1971 , for 8.5 acres of San Diego Gas and Electric easement property that runs
west - east from the western edge of Palomar Park to Nacion Avenue, and North to Palomar Avenue.
The easement is adjacent to Palomar Park's 3.1 acres. The San Diego Gas and Electric easement
property was never developed, and remains in a natural state. Over the years, people have used the
area to dump trash and debris. To inhibit this practice, the Public Works Department had a chain link
fence installed. The Parks and Recreation Department has kept this area free of debris and trash by
scheduling prison labor crews periodically to go in and clean the area. When the City negotiated this
lease, it was the Department's intention to develop the leased area into a park-like setting. However,
due to funding constraints the project never materialized.
The property's land form is characterized by steep slopes fading away from Palomar Park to homes at
the bottom of the canyon. This property would be considered as unusable parkland under today's park
standards. Accessibility to this area from Palomar Street on Nacion Avenue would be difficult due to
steep slopes from those streets. Development of a park would depend on the grading and landscape
amenities allowed by SDG&E. In addition, the leased area is bisected by transmission towers. The
Department is in the process of formulating a Park, Recreation and Open Space Landscape manual
which identifies park site selection criteria. One critical element of this manual will be the issue of park
site encumbrances such as power lines, transmission towers or underground utilities not related to the
park.
The Department recommends that City Council not extend this agreement, because of the improbability
of ever developing a park in this easement due to the steep slopes of the area. It would take a
substantial amount of grading and earthwork to bring only a small portion of this easement into
compliance with usable park standards. In addition, the Department is working on acquiring or
sdgease.a13August 4, 1993
1eJ.-1
improving other potential sites in western Chula Vista that would be more beneficial and less costly to
the residents of this City. Staff believes it is not prudent to continue to use the City's valuable resources
in these critical economic times to maintain this property.
FISCAL IMPACT: The $10 annual license fee, yearly clean-up cost of $650 for probation crews and trash
dumpster will be saved annually.
sdgease.a13August 4, 1993
1.2 ..,).,
Minutes of a
Regular Meeting of the
PARKS AND RECREATION COMMISSION
DRAFT
Thursday 6:30 p.m.
July 15, 1993
Public Services Building
Conference Room 2&3
*******************
1. ROLL CALL
Members present:
Commissioners, Sandoval-Fernandez, Helton, Lind, Hall, Carpenter
Commissioner Willett is absent because he is chairing a Cal-Trans SR125 Citizens Advisory
Committee at 7:00 pm in the Council Conference Room.
Motion to excuse Commissioner Willett's absence.
MSC LIND/CARPENTER 5-0 (Willett out)
2. APPROVAL OF MINUTES
Motion to approve the minutes of June 17, 1993, as distributed.
MSC SANDOV ALIFERNANDEZ 5-0
3. PUBLIC HEARINGS OR REMARKS
NONE
4. DIRECfOR'S REPORT
Director Valenzuela gave an overview of departmental activities and discussed various
measures that are being taken to cut costs due to the recent budget losses. He specifically
highlighted the successes of recent special events such as the Fourth of July fireworks and the
Music in the Park Concert Series.
The Director stated that the Open Space Division of the Department which is in charge of
1,000 acres of Open Space land and over $2 million of open space contracts recently realized
a $118,000 reduction in open spacc assessments, which is about a 17% savings over last year.
This savings was due to several factors among which are the economic climate and
improvements in the method of recruitment and processing of contracts.
The Director highlighted progress that is being made on Chula Vista Community Park and
made note of some pro-active measures that are being taken to avoid problems with the
landscaping of the park. In addition, he gave an overview of the CIP projects that the
Department is currently working on including modifications to the play equipment in a
number of parks to meet ADA standards.
1';''';$
PARKS AND RECREATION COMMISSION
April 15, 1993
PAGE 2
Commissioner Lind inquired as to when construction would begin on Halecrest Park, and the
Director replied that it is anticipated in six months.
5. REPORTS FOR INFORMATION ONLY
NONE
6. ACTION ITEMS
Unfinished Business
Youth Summit
Director Valenzuela discussed each of staffs recommendations with the Commission and
answered questions regarding the report which was included in their packet.
Commissioner Sandoval-Fernandez asked how the Youth Coalition would interface with the
existing Youth Commission.
Director Valenzuela reported that this had not been determined yet. A suggestion was made
that the Youth Commissioner become ad hoc members of the Youth Coalition.
Motion to support staffs recommendation as follows:
. Implement the Youth ACfION Program in fiscal year 1993-94.
. Establish a joint meeting between the School Board and City Council to
discuss issues dealing with joint-use, drugs on campus, and police/student
relations. This joint meeting could be held in late summer of this year.
. Support the Youth Coalition concept as a viable entity to coordinate youth
services in Chula Vista, and direct staff to include involvement by local
churches and city youth.
. Direct staff to return to Council in March 1994 to evaluate the progress on
the items identified during the Youth Summit and assess the need to conduct
a Youth Summit in 1994.
MSC SANDOV AL-FERNANDEZ/HALL 5-0 (Willett out)
New Business
a. SDG&E Easement
Director Valenzuela gave a brief history of the SDG&E lease at this location and the
Department's reasons for recommending non-renewal of the lease. In addition, he
1~"1
PARKS AND RECREATION COMMISSION
April 15, 1993
PAGE 3
mentioned several alternative uses for the budget dollars that are currently being
used to maintain this easement area.
Motion to support staffs recommendation to send an official notification to San
Diego Gas and Electric of the City's intent to cancel existing lease agreement for
Parcel #141-37-54H.
MSC SANDOV AL-FERNANDEZ/HELTON 5-0 (Willett Out)
b. Park Oosure Hours
Item tabled until August meeting per the request of the Director.
7. COMMUNICATIONS
a. Written Correspondence
NONE
b. Commissioner's Comments
SANDOVAL-FERNANDEZ suggested that the Commission tour the park for the
first hour of the August meeting. In addition, she called attention to a potential
parksite on Moss west of Broadway.
LIND expressed his hope that the vacant seats on the Commission would be filled
in a timely manner.
Adjournment to the next regularly scheduled meeting of August 19, 1993.
Respectfully submitted,
Carole Cramer Stohr
1;"5'
.,! .
~
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I
therefore it is the intention of the parties hereto that the enjoyment
of the leased premises shall be without prejudice or detriment to
the Lessor in the use and operation of its facilities situated on or
near the leased premises.
Now. THEREFORE. in consideration of the performance of
the terms and conditions hereof the parties agree as follows:
1. Leased Premises. Lessor does hereby lease to
.
Lessee those certain premises located in the City of Chula Vista.
State of California. generally shown and delineated on the map attached
hereto. marked Exhibit "A". and made a part hereof by reference and
described as follows:
2. ~ The leased premises may be used by Lessee
solely for park purposes. which shall at all times be under the com-
petent and effective supervision of agents. servants and employees
of Lessee. Lessee shall not use the leased premises for any commercial
or business purpose.
3. Term. The term of this lease shall be for a period of
twenty (20) years commencing on the 7th day of September
.
19~ and ending on the 6th day of Seotember
. 19 q, .
4. Renewal. This lease is renewed from year to year
after the term provided in Paragraph 3 above. unless either party
notifies the other in writing at least sixty (60) days prior to the ex-
pi ration of any succeeding year.
-2-
I~""
so as to minimize any and all disturbances and damages. including
the possibility of damage to property and injuries to persons inci-
dent to the use of said premises by any person entering thereon.
9. Waste. Lessee shall not commit. suffer. nor permit
any waste. nuisances. or unlawful acts on the leased premises. and
shall at all times maintain the same in a clean and sanitary condition
in compliance with all applicable rules. laws. regulations. and
ordinances respecting health and safety of the City of Chula Vista.
and County of San Diego. and the Stat~ of CalifornIa.
10. Right of Entry. Lessor reserves the right to enter upon
the leased premises at any time for the purpose of viewing. patrol-
ing and inspecting the same to see if Lessee is faithfully complying
with the terms and conditions of this lease.
11. Rights of Lessee. Lessee shall have no rights nor
acquire any interest in or to the leased premises other than as pro-
vided in this lease and as a lessee, and tenant thereof.
12. Default. Should default be made in the performance of
.
any of the terms and conditions of this lease and such default shall
continue for ten (10) days after Lessee has been notified in writing
of such default. then Lessor may re-enter. take possession of said
premises. and remove any and all persons and property of Lessee
therefrom.
13. Assignment. Lessee shall not assign this lease nor
sublease the leased premises.
1~--7
-4-
16. Insurance. Lessee further agrees to secure and keep
in force throughout the life of this lease. Comprehensive Bodily
Injury and Property Damage Liability Insurance including Contractual
Liability with a combined single limit of not less than Five Million
Dollars ($5. 000. 000) each occurrence. Such insurance shall be
placed with companies and be in a form satisfactory to Lessor and
shall be in the name of the Lessee with Lessor named therein as an
additional assured. Said policy or policies shall further provide that
in the event of material change or cancellation. the licensor shall be
given thirty (30) days prior written notice of any change or cancellation.
17. Notices. Notices to be given from or to either party
may be addressed as follows:
a. Lessor at 101 Ash Street. San Diego. California 92101.
b. Lessee at ;?o.tJ~ /tP8'7 Chula Vista. California.
Notices shall be deemed given hereunder when placed by either
party in the United States mail. postage prepaid. certified. and
properly addressed to the other.
18. General Order No.69-B. The provisions of this
lease are conditional upon the right of Lessor to commence or resume
the use of the leased property hereinabove referred to whenever in
the interest of its service to its patrons or consumers it shall appear
necessary or desirable to do so. as provided by General Order No.
69-B of the Public Utilities Commission of the State of California.
-6- ),)...r
PALOMAR
SCHOOL
I
/
/
/ I - 5
:
.'
PALOMAR
GARDENS
SOUTHEAST QUARTER OF QUARTER
SECTION 93
RANCHO DE LA NAC/ON
MAP I b6
t
I
NACION
ESTATES
PRINCESS VIEW
NO.2
MAP 5129
...............
...............
LEASE AREA = 8.43 AcnES
EXHIBIT "A"
.. REVISIONS om SAN DIEGO GAS 8< ELECTRIC COMPA
a... ......D SAN DIEGO. CALIFORNIA
1 -I ....=it CITY OF CHULA VISTA LEASE
, -~ PALOMAR PARK
r'R"....;.81 ~ ~CAL(: DAtE: ~ .?..., II~
"u""'[H.D aT. "'WOK l'IIAWltl(i'lll
01( 10 INSTALL -1[11,1[: '4/5 r "-{/f'll
.-"-",,... . '-'. _ J' .
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l-
COUNCIL AGENDA STATEMENT
Item 1.3
Meeting Date 08/10/93
ITEM TITLE: Report: Review of Conditional Use Permit PCC-92-06; A 12-bed
residential treatment facility for recovering alcoholics located at 73 North
Second Avenue - MA~/il _ ~.....
SUBMITTED BY: Director of Planning~~.}- ~ ~I:, ~
REVIEWED BY: City Manager 1Gb 1/ (4/5ths Vote: Yes_No.1U
This report constitutes an annual review required for the conditional use permit, PCC-92-06,
approved by Council on 11/26/91. The approval was for a l2-bed residential treatment facility
for recovering male Latino alcoholics. The program, referred to as Nosotros, occupies the
southerly portion of the former Vista Hill/Southwood psychiatric facility site at 73 North Second
Avenue in the R-3 zone.
An Initial Study, IS-92-05, was conducted by the Environmental Review Coordinator and the
Negative Declaration for IS-92-05 was adopted by Council with the conditional use permit.
RECOMMENDATION: That Council accept the report.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: At the time of approval, Council directed that a yearly noticed review be
performed to determine the impact of the project on the neighborhood. Specifically, Condition
7 of Resolution 16425 (Attachment "A") states:
This permit is further conditioned on annual review by staff with notice to the
surrounding residents. In the event complaints are filed or problems found, a report
thereof is to be submitted to Council for review (NOTE: Staff annual review is to
continue until, in the judgement of staff, it is no longer necessary, at which time staff
will recommend to Council that the staff annual review requirement be deleted.)
Staff's investigation indicated that the program is functioning in a manner compatible with the
neighborhood and that the applicant has fulfilled the conditions of approval.
In response to the public notice, Mr. Donald E. Stell wrote a letter dated April 13, 1993
(Attachment "B"), recommending termination of the MAAC/Nosotros project because he feels
it is not compatible with the recently approved day care facility (Chula Vista Connection - PCC-
93-35) located on the same site. He also feels there is an increase in the "level of suspicious
looking characters in and around the neighborhood" because of this project. Mr. Stell's letter
/3-/
Page 2, Item I :J
Meeting Date 08/10/93
was the only response received from the 792 notices mailed. He will receive a copy of this
report and a cover letter noting the date and time it will be considered by Council.
To confirm any undesirable activity in the area, the Planning Department requested histories
from Code Enforcement and the Police Department on any code or criminal activity in the area.
Code Enforcement supplied the Planning Department with the three attached complaints
(Attachment "C") which are not related to the MAAC Project, but which resulted from the
vacant, larger portion of the complex to the north (see Attachment "D") where the day care
facility is to be established.
In addition, the Police Department supplied this Department with a listing of Crime Reports and
Calls for Service (Attachment "E") which lists four responses by the Police Department. From
the report, it is not possible to ascertain exactly where the incidents took place. Since the Police
Department was not able to clarify the location, Mr. Victor Lopez, Assistant Director of the
MAAC Project at the subject location, was contacted. He confIrmed with Mr. Warren Steward,
Program Manager of Nosotros, that all incidents took place on the northern portion of the
complex and were not associated with the Nosotros program.
CONCLUSION: With the recent approval by the Planning Commission of the conditional use
permit for the Chula Vista Connection (PCC-93-35), it is staff's opinion that the number of
"suspicious looking characters" will decrease because vagrants will no longer be able to use the
at-present vacant, northern portion of 73 North Second.
The question of the compatibility of the two projects was addressed when the day care facility
was considered. These two projects, although on the same parcel, will be separated by a six
foot, chain link fence with slats and there will be no intern:rixing between the day care and those
residing in the N osotros facility. In effect, it will be as if the two projects are on different
parcels. This arrangement has been accepted by the State agencies responsible for licensing the
two programs.
In a letter dated April 12, 1993 (Attachment "F"), Ms. Maritza Garcia, Division Director of the
MAAC Project, requested an extension of the time period for the use of the trailers located on
the site. She states that "the units have been of assistance in providing a setting for meetings
without interruptions to the home-like environment in the main building; as well as much needed
storage space". Because these trailers are located at the rear of the MAAC portion of the parcel
and because of the continued need for them, the Zoning Administrator has approved the
extension request.
With the pending full occupation of all buildings on this site, staff anticipates a reduction in the
number of responses by Code Enforcement and the Police Department. This can be confirmed
at the next annual review after both projects have co-existed for a period of time.
J3'.l.
Page 3, Item J 3
Meeting Date 08/10/93
It is staff's conclusion that the program is functioning as anticipated and that no changes should
be made to the conditions of approval or findings as adopted by Council per Resolution 16425
(Attachment nAn).
If the City Council has concerns about this project, the item may be set for public hearing.
Otherwise, it will be scheduled for review again in one year.
FISCAL IMPACT: Since only one letter of concern was received of the 792 notices sent out,
staff will notice only those property owners within a 300 foot radius of the project boundary (and
the single objector) rather than the extensive noticing used for the original application and this
review, unless Council directs otherwise. This would be done to save funds. It costs
approximately $475.00 (material and labor) to mail 792 notices. With a 300 foot notice, about
123 property owners will be noticed at a cost of $74.00. This represents a savings of
approximately $400.00 annually.
(f:\home\plarming\ma1tin\maac\9206A.113)
~
NOT SCANN'oiD
13"'-:1
"' ~'-~\
iRECEIVEO
.FEB u 7 1992
PLANNING
RESOLUTION NO. 16425
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING PCC-92-06 TO ESTABLISH A 12-BED
RESIDENTIAL TREATMENT FACILITY FOR RECOVERING ALCOHOLICS
AT 3 NORTH SECOND AVENUE
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, MAAC Project is proposing to establish, as an institutional use,
a 12-bed residential treatment facility for recovering male Latino alcoholics in
an R-3 zone, to wit: the southerly portion of the former Vista Hill/Southwood
psychiatric facility site, 3 North Second Avenue, Chula Vista: and,
WHEREAS, the Environmental Review Coordinator conducted an Initial Study,
IS-92-05, of potential environmental.impacts associated with the implementation
of the project and has concluded that there would be no significant environmental
impacts, and recommends adoption of the Negative Declaration issued on IS-92-05:
and,
WHEREAS, on November 6, 1991, the Plannin9 Commission voted 7-0 to approve
the proposal in accordance with Resolution PCC-~~-06.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find as follows:
1. That the proposed use at the location is necessary or desirable to provide
a service or facility which will contribute to the general well being of
the neighborhood or the community.
The Nosotros program will provide a desirable service by offering
shelter, food, counseling and training for recovering alcoholics
attempting to reestablish themselves as responsible, contributing
lllembers of soci ety. '
2. That such use will not under the circumstances of the particular case, be
detrimental to the health, safety or general welfare of persons residing
or working in the vicinity or injurious to property or improvements in the
vicinity.
,
The program will be established on a site which has served as a
group residential treatment facility for many years. Conditions
have been lmposed to address the potential conflicts with
surrounding residents presented by this program which may not have
existed with the prior youth psychiatric programs.
3. That the proposed use will" comply with the regulations and conditions
specified in the code for such use.
)3--'>
A ttachment ~'A."
f
I
Resolution No. 16425
Page 2
Compliance with all applicable conditions, codes and re~ulations
shall be required prior to occupancy of the property. Speclfically,
a condition has been imposed that requires abatement of the present
unauthorized use of the northerly portion of the property prior to
this permit becoming effective.
4. That the granting of this conditional use permit will not adversely affect
the general plan of the City or the adopted plan of any government ag~ncy.
The granting of this permit as conditioned is consistent with City
policies for accommodating a full range of services and facilities
for the benefit of its residents.
BE IT FURTHER RESOLVED that, on the terms and conditions herein contained,
the City Council does hereby vrant a Conditional Use Permit to establish a 12-bed
residential treatment facihty for recovering alcoholics at 3 North Second
Avenue.
BE IT FURTHER RESOLVED that the conditions of said Permit are as follows:
1. The approval of this permit shall in no way be seen as an endorsement or
precedent for establishing the same or a similar type of use on the
northerly portion of the property. The approval of this permit may in
fact complicate any proposal for the use of the northerly portion of the
property because of issues regarding compatibility and coordination of
land uses, and the use and control of the facilities.
2. The mobile trailer units are hereby authorized for a period of two years
from the date this permit is approved by the City Council. The trailers
shall thereafter be removed.
3. The parking spaces associated with this proposal shall be restriped in
accordance with City standards.
4. The use shall comply with the information outlined in the application and
supplemental materials submitted by the applicant, includlng numbers of
residents and staff, programs, supervision, and so on. Failure to comply
with these parameters or the conditions of approval, complaints from
surrounding residents, or failure to properly maintain the building or
grounds shall constitute grounds for revi ew and' poss i b 1 e revocati on of
this permit.
5. This permit shall be subject to any and all new, ~dified, or deleted
conditions imposed after adoption of this resolution to advance a
legitimate governmental interest related to health, safety or wel fare
which City shall impose after advance written notice to the permittee and
after the City has given to the permittee the right to be heard with
regard thereto. However, the ~ity, in exercising this reserved
.'
J3"'~
Resolution No. 16425.
Page 3
right/condition, may not impose a substantial expense or deprive Permittee
of a substantial revenue source which the Permittee can not, in the normal
operation of the use permitted, be expected to economically recover.
6. The applicant shall agree to no net increase in water consumption or
participate in whatever water conservation or fee offset program the City
of Chula Vista has in effect at the time of building permit issuance.
7. This permit is further conditioned on annual review by staff with notice
to the surroundi ng residents. In the event comp 1 i ants are fil ed or
problems found, a report thereof is to be submitted to Council for review
(NOTE: Staff annual review is to continue until, in the judgement of
staff, it is no longer necessary, at which time staff will recommend to
Council that the staff annual review requirement be deleted.)
BE IT FURTHER RESOLVED that the City Council does hereby concur in. the
determination of the Environmental Review Coordinator as set forth in Initial
Study 92-05 that the proposed project would have no significant environmental
impacts and does hereby adopt the Negative Declaration issued on 15-92-05.
Presented by
Approved as to form by
'-'/~/.~/ /' /.,.1-
/!c "'/i /' ~ ,',-
Robert A. Leiter
Director of Plannin9
Dt).,. (l0-i<J.
Bruce M. BOOga~
City Attorney
"
J3"7
'.
Resolution No. 16425
Page 4
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 26th day of November, 1991, by the following vote:
YES: Councilmembers: Grasser Horton, Moore, Nader, Rindone
NOES: Councilmember: None
ABSENT: Councilmembers: Malcolm
ABSTAIN: Councilmembers: None
,-(~-1/~-
Tim Nader, Mayor
ATTEST:
-- . /'
Ol'~)( ( 0~.,jfJ/
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 16425 was duly passed, approved,
and adopted by the City Council held on the 26th day of November, 1991.
Executed this 26th day of November, 1991.
J
,
)j"~
-,
- '3
April 13. 1993
REI PCC-92-06 Annual review of the HAAC/Nosotros Project
I have grave concerns about the HAAC/Nosotros project. located at 73 No.
Second Avenue in Chula Vista. I live within two blocks of the former Southwood
psychiatric site and have ll8intained a close observation of the aoings on at the
facility. Although there has been only minimal nWllbers of personnel staying at
the facility (approximately 12) there appears to have been an increased level of
suspicious looking characters (and activities) in and around the neighborhood.
This is not only my observation since it is. and has been. a aajor topic of
conservation between all the neighbors. We are all concerned and have been
overly cautious of allowing our children to playas freely as they could prior
to the conditional approval by the Chula Vista City Council of Nov 1991.
Our neighborhood already has several groups and/or projects to contend with
(Pioneers, Parole meetings, AA meetings. etc) and I feel we are at more than
carrying our "share" of the load of these types of projects within the city of
Chula Vista.
I have recently sumitted a separate statement concerning the proposed
child care facility at the same site and feel an unlimited and unrestrictive
(open to all) child care facility is the best and highest use of the facility.
However. I feel the two oroiects are not comDatible. It is absurd to think that
any parent would even consider placing their child(ren) in a daycare facility
collocated with a project that has patients/personnel such as the members of the
HAAC/Nosotros project.
I reconunend termination of the HAAC/Nosotros project at. the facility
located at 73 No. Second Avenue. Chula Vista. Ca
iJJw-
Donald E. Stell
210 Sea Vale Street
Chula Vista. Ca. 91910
Ij~'
Attachment "B"
-~
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IT IS MY UNDERSTANDING THAT THE PROPERTY OWNER 15 USING 'n~ ~AC
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PLACE CRAULIN3 WITH PEOPLE WHO .ARE NOT SUPPOSE TO BE.TH~~E. s..;
ND COMPLAINT. (FOSTER).
vIOLATION ADDR: 3 NORTH SECOND AV~N~E
CHULA VISTA, CA 91910
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?ARTMENTAL CORRESPONDENCE
DATE:
March 25, 1993
MARP 5
7.~9.
TO:
Martin Miller, Associate Planner
FROM:
Greg Pickett, Crime Analyst
SUBJ:
Police Crime Reports and Calls for Service at
73 North Second Avenue.
Per our phone conversation March 25, 1993 and reference
your memo on March 24, 1993 concerning the material
provided previously (RFI# 93-25, Police Crime Reports and
Calls for Service at 73 North Second Avenue)~ police
computer databases do not contain any hard data
referencing the exact location of occurrence of calls for
service or crime reports within the complex at 73 North
Second Avenue. All material referenced in RFI# 93-25
indicated only the location of occurrence as 73 North
Second Avenue. In discussing the information with several
patrol sergeants, no further breakdown as to the exact
location of occurrence within the complex could be made.
Alll
City of Chula vista, California
J1'15'
Attachment ~~E"
~
MBMORANDUM
PROM:
Greg
Martin Miller, Associate
TO:
DATE:
March 24, 1993
StlBJ:
Your Memo of 2/17/93 ref Police Crime Reports and Calls
for Service at 73 North Second Avenue
Thank you for your above-mentioned memo (copy enclosed) which
outlines crime reports and calls for service at 73 No. Second
Avenue. This is valuable information which will be included in a
report concerning the MAAC Project located at this address, whose
conditional use permit is tentatively scheduled for Council review
on April 20, 1993.
Is it possible, however, to indicate whether or not the listings in
the 2/17 memo are specifically related to the MAAC Project which is
located at the south end of the overall property (see attached
map) . This organization occupies only a small portion of the
overall complex and at present the rest of it is vacant with
transients living there infrequently.
This information is necessary because if the calls were related to
the MAAC Project, the Planning Department may have to reconsider
its original recommendation of conditional approval.
Any clarification you can give would be greatly appreciated.
.
IJ'/~
.
.~~~
~
- --
- - ~-
em OF
CHUlA VISTA
POLICE DEPARTMENT
;-..
-"
DATE:
TO:
FROM:
SUBJECT:
February 17, 1993
Martin Miller, Associate Planner
Greg Pickett~rime Analyst
Police Crime Reports and Calls For Service at
73 North Second Avenue
Per your request dated February 12, 1993, a search was conducted to
determine police calls for service (CFS) and police crime/incident reports
at 73 North Second Avenue. The time period requested was from November 26,
1991 to the present.
A search for crime/incident reports from November 26,1991 to December 31,
1991 returned no documented activity. Calls for service data prior to
January 1, 1992 was not available. For the time period of January 1, 1992
to present, there have been four (4) CFS and two (2) crime/incident reports
listing 73 North Second Avenue as the location of occurrence. All activity
was recorded in calendar year 1992, with no activity recorded in 1993.
Following is a breakdown of the documented activity at 73 North Second
Avenue.
CFS Description
Total
resulting in
Crime/incident report
.
Total
Battery 1
Threatening 1
phone call
Citizen assist 1
Possible suicide 1
245A1 assault with
deadly weapon
653MA threatening
phone call
1
1
Should you have any questions, please contact the Crime Analysis Unit at
691-5128.
RFII 93-25
J:J~ I?
276 FOURTH AVF'/r.....11I A ~I~TA r.AI IF"rlRNf.6_ ~~~~n
.
I 5
Health Services Division
e 1nI. AYe., Salle 101, Chula Via.., CA _10, (II') ...171
""
.
MEMORANDUM
DATE:
April 12, 1993
Martin Miller, Associate Planner ~)
Maritza Garcia, Division Directo~
CUP PCC-92-06 - MOBILE TRAILER UNITS
TO:
FROM:
SUBJECT:
MAAC Project received approval for a conditional use permit
in November 1991. The permit called for allowed usage of the
Mobile trailer units on premises for a two year period of time.
We respectfully request an extension of that time period for
continued use of the trailers. Indeed the units have been of
assistance in providing a setting for meetings without "
interruption to the home-like environment in the main building;
as well as much needed storage space.
We believe the presence of the units in no way infringes upon
the property or immediate community. Should you need additional
information please call me at 425-9171. Otherwise I close with
appreciation for your anticipated consideration.
MG/ebe
.
/3 - /a!
Attachment ~'F"
~
SUPPORTED IN PART BY UNITED WAY AND COUNTY CAP
COUNCIL AGENDA STATEMENT
Item I~
Meeting Date 8/10/93
SUBMITTED BY:
Public Hearing: PCA-93-03 - Consideration of a one (1) year extension
of the moratorium on the acceptance, processing and/or approval of
applications for adult -oriented recreation businesses
Ordinance .2>~..5' Extending for a period of one (1) year the
moratorium on the acceptance, processing and/or approval of applications
for adult-oriented recreation businesses
Director of Plannin~ ..h; j}t;1Wtfef'v
City Manager 1(; )7 JT (4/5ths Vote: Yes~No->
ITEM TITLE:
REVIEWED BY:
On May 18, 1993, the City Council adopted Ordinance No. 2558 to establish, as an interim and
urgency measure, a 90-day moratorium on the issuance of land use permits for Adult-Oriented
Recreation Businesses in order to study whether or not our present standards provide adequate
safeguards from the negative impacts which can be associated with such uses. The study is
underway and the preliminary results indicate that amendments to the standards may be
appropriate. A one (1) year extension of the moratorium would provide an adequate period
of time to complete the study, and process amendments and the associated environmental
review.
RECOMMENDATION: That Council adopt the ordinance extending the moratorium for one
(1) year. A four-fifths (4/5ths) vote is required to adopt the ordinance.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
During the past 90 days the staff has reviewed and evaluated the following:
. Studies and reports prepared by other cities nationwide on the impacts
of adult-oriented uses (see attached list of studies and reports);
. Regulations and standards of the 17 other jurisdictions within the region
(see attached chart);
. The recent California Supreme Court decision dealing with
constitutionality of locational requirements adopted by National City
(City of National City v. Steven D. Wiener et. al.);
11/.. /
Page 2, Item~
Meeting Date 8/10/93
The studies and reports provide compelling evidence that adult-oriented businesses can and
often do produce and augment the social, economic, and physical decline of adjacent areas.
The City's existing standards provide the capability of establishing such uses on sites similar
to those reviewed in the studies. Also, other cities within the County, including National City,
generally have more restrictive standards than Chula Vista, which could have the effect of
over-concentrating such businesses in Chula Vista (see attachment for Chula Vista's adult
business standards).
For these reasons, staff believes that amendments to the standards may be appropriate. A
possible amendment could include limiting adult-oriented uses to one or more larger internally
oriented view-obstructed commercial or industrial centers which meet Constitutional free
speech standards but which provide significant screening capability and separation from
surrounding areas, and which offer a high degree of private oversight, control and regulation.
Within a period of one (1) year or less, the staff will want to undertake and complete the
following:
. Complete review of available studies and reports;
. Undertake investigation of adult entertainment sites in other areas of the
regIOn;
. Conduct workshop(s) with the Planning Commission
. Prepare an ordinance amendment as staff deems appropriate for
recommendation to the City Council;
. Initiate and complete environmental review;,
. Conduct public hearings;
. Coordinate with findings of Southwest zoning study, if available.
FISCAL IMP ACT: Not applicable.
WPC F:\HOME\PLANNING\1103.93
I~~.J.
ORDINANCE NO.
.2.5'~f
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA EXTENDING FOR A PERIOD OF ONE
(1) YEAR THE MORATORIUM ON THE ACCEPTANCE,
PROCESSING AND/OR APPROVAL OF APPLICATIONS FOR
ADULT-ORIENTED RECREATION BUSINESSES, AS
PREVIOUSLY ESTABLISHED BY ORDINANCE NO. 2558
WHEREAS, on May 18, 1993, the city Council adopted Ordinance
No. 2558 to establish, as an interim and urgency measure, a 90-day
moratorium on the issuance of land use permits for Adult-oriented
Recreation Businesses in order to study whether or not our present
standards provide adequate safeguards from the negative impacts
which can be associated with such uses; and,
WHEREAS, during the past 90 days, staff has reviewed and
evaluated reports, studies and surveys on the impacts of adult-
oriented recreation businesses prepared by other cities nationwide;
regulations and standards of 17 jurisdictions within the region;
recent legal trends addressing the constitutional limits on such
regulation; Chula vista's existing standards, and their application
to potential sites throughout the City; and,
WHEREAS, the studies and reports provide preliminary evidence
that adult oriented businesses can and often do produce and augment
the social, economic and physical decline of adjacent areas,
thereby indicating that further study and treatment are justified;
and,
WHEREAS, many other cities within the County of San Diego
generally have more restrictive standards, which could have the
effect of overconcentrating such businesses in Chula vista unless
our zoning ordinances are adjusted, within constitutional limits,
to properly distribute such uses fairly throughout the County,
thereby further indicating that additional study and treatment are
justified; and,
WHEREAS, staff has recommended that a period of approximately
one (1) year would be needed to complete review of available
studies and reports, undertake field investigations of adult
entertainment sites in other areas of the region, prepare and
process a zoning text amendment through the Planning Commission and
Council if same may be necessary, initiate and complete
environmental review, and conduct public hearings.
NOW, THEREFORE, the City Council of the city of Chula vista
does hereby find, determine, resolve, order and ordain as follows:
section 1. Proper Procedure Followed. This Ordinance was
passed by four affirmative votes of the City Council after said
City Council conducted a public hearing duly noticed and held in
the manner required by section 19.12.130.
11~3
,.
section 2. Moratorium Extended. The interim moratorium on
the application for, processing, or issuance of any zoning,
rezoning, land use permits, conditional use permits, variances and
building permits (collectively "Permits") for Adult-oriented
Recreation Businesses as the term is defined in the City of Chula
vista Municipal Code, and specifically at section 19.58.024, within
the City of Chula Vista, established by the passage and adoption of
Ordinance 2558 on May 18, 1993 ("Moratorium"), is hereby extended
to, and shall remain in full force and effect according to its
terms except as modified herein, fo~ one (1) year from the date of
adoption hereof (i.e., August 9, 1994) unless sooner terminated or
further extended by the City Council, except that an application
for or processing of such Permits, not the issuance of Permits,may
be allowed upon application to, and approval by the city council,
on a showing of hardship, and then only by written resolution of
the city Council permitting such application and/or processing, and
on such conditions as the City Council shall deem just. Nothing
herein shall be construed to allow the issuance of Permits during
the pendency of this Moratorium; nevertheless, the city Council
recognizes that the exception sanctioned by section 19.12.130 for
the issuance of Permits - during the pendency of a Moratorium
supersedes the provisions of this section.
section 3. Extension Justified. The city Council finds that
the extension of the Moratorium hereby authorized is justified
based on the results of the initial study and report and the
additional work that remains to be done.
section 4. Interim Processing Applications. In the event
that the city Council grants permission to file an application for,
or processing of, Permits during the pendency of this moratorium
under the provisions of section 2, above, it shall impose as a
minimum condition of said permission, among such other conditions
it deems appropriate, that if any Permit is eventually granted, the
Permittee shall comply with, and the City shall have the right to
impose on such Permit retroactively all criteria, including siting
criteria, established in the City's Municipal Code as may, from
time to time, be amended and specifically as may be amended as a
result of the study hereinbelow ordered by the City Council.
section 5. Study Directed to continue. The city Planning
Commission and the City staff are hereby directed to continue their
study of Adult-oriented Recreation Businesses for the purpose of
determining whether or not our Municipal code, with regard to such
uses, should be amended to redefine the locational requirements,
determine whether the use should be permitted as a right or "on
conditions" and if so, in which zones of the City, and determine
which if any conditions should be imposed as a matter of course or
on a case-by-case basis upon such uses. The Commission and staff
are also directed to continue their study in which zones of the
City the use should be allowed or constrained or if such uses
should be required to be placed in other and different zones from
that which is currently allowed. The study shall also evaluate the
impact of other cities' zoning ordinance on a regional or
J t/...tj
--,
subregional basis for the purpose of determining what impact other
cities' zoning ordinance may cause the relocation of such uses to
be directed to areas within the city of Chula vista. Specifically,
the study should determine the impact of such uses on existing and
future surrounding development, and the consequent environmental
impacts that any changes in development patterns may have on that
portion of the City in which uses may be allowed.
section 6. written Report Required. In the event that the
staff may request an additional extension of the Moratorium beyond
one (1) year from the date hereof, the staff shall prepare, on
behalf of the City Council, a written report describing the meas-
ures taken to alleviate the condition which led to the adoption of
this ordinance, and to file same in the office of the City Clerk
ten (10) days prior to the expiration hereof.
section 7. Basis for Extension. The city Council hereby
finds that there is a current and immediate threat to the public
health, safety, and welfare, and that the approval of Permits in
the interim would result in a threat to public health, safety and
welfare. Therefore, this ordinance shall take full force and
effect immediately upon initial passage and adoption thereof. The
facts establishing emergency continue to be the same as those facts
set forth in Ordinance 2558, to wit:
1. Recent case law has issued permitting cities to
establish new and different locational requirements on Adult-
Oriented Businesses and the City believes that this may have an
impact on the relocation of such businesses within the subregion of
south San Diego county and, therefore, may result in an
overconcentration of such businesses within the City of Chula vista
if the city of Chula vista fails to timely review their existing
zoning restrictions in. comparison to the restrictions of other
jurisdictions within the South Bay, and to study the impact of such
use development on surrounding land uses.
2. The City finds such uses to have certain significant,
adverse social consequences despite the extent to which their right
to exist may be protected by the First Amendment and such adverse
social consequences require regulation as to time, place and manner
in a way that is not adequately addressed under our current zoning
scheme.
3. Such adverse social impacts of such uses may include,
but are not necessarily limited to, the concentration of criminal
acti vi ty; the tendency to promote an attitude of degradation,
subjugation, discrimination or harassment of women in our society
and in our immediate community; a limitation on commercial or other
land use development; blighted urban development.
4. The city finds that there are some uses of property
such as Adult-oriented . Recreation Businesses, which have
operational characteristics which have historically produced or
augmented the economic, physical and social decline of adjacent
1 'I..$"
areas where they have been ineffectively regulated.
5. The implementation of the results of the study are
necessary to supplement existing regulation of Adult-oriented
Recreation Businesses and that without such modification the
health, safety and welfare of the City's residents would be
compromised.
6. The City has, as part of the 1992-93 budget, budgeted
and planned to engage in a land use and feasibility study of Main
street due to its location as the entry way to the recently adopted
Southwest Redevelopment Area. The city has received an application
for an Adult Oriented Recreation Business which, if issued, could
make the results of this planning and zoning effort moot, and could
have the effect of deteriorating a commercial entry way to the
City. incorporated herein by reference.
Section 8. The City Council continues to be mindful that
certain Adult-oriented Recreation Businesses have been recognized
as involving constitutionally-protected expressions, and as such
urges staff and the commission, in conducting their study and
formulating their recommendations for further Council considera-
tion, to specifically identify legitimate governmental interests
that may be adversely affected by such uses, and to do so without
regard to the content of the expression, to formulate proposals
that are not overbroad in their reach, and to permit reasonable
avenues for such communication within the city.
section 9. The City Clerk shall certify to the passage and
adoption of this Ordinance by a vote of at least four-fifths of the
city Council of the City of Chula vista pursuant to Charter section
311(d); shall cause the same to be entered in the book of original
ordinances of said city; shall make a minute of the passage and
adoption thereof in the records of the proceedings of the city
Council of said city in the minutes of the meeting at which time
the same is passed and adopted; and shall, within fifteen (15) days
after the passage and adoption thereof, cause the same to be
published in the Chula vista Star News, a newspaper of general
circulation, published and circulated in said city nd which is
hereby designate for that purpose.
Presented by
a~
Bruce M. Boogaard C' y
Attorney
Robert A. Leiter, Director of
Planning
f:\home\attorney\adultbul.wp
II/"~
REPORTS ON ADULT ENTERTAINMENT
BUSINESS AND ASSOOATED IMPACTS
_ Report of the Attorney Generals working group on the regulation of sexually
oriented businesses
State of Minnesota, 1989
_ Adult entertainment/4D-acre study
Saint Paul, Minnesota, Department of Planning and Economic Development, 1987
_ Time, place and manner regulation of business activity
Austin, Texas, Office of Land Development Services, 1986
_ Adult entertainment businesses in Indianapolis
Indianapolis, Indiana, Division of Planning, 1984
_ Relation of criminal activity and adult businesses
Phoenix, Arizona, Planning Department, 1979
_ Effects on surrounding area of adult entertainment businesses in Saint Paul
Saint Paul, Minnesota, Department of Planning and Economic Development, 1978
_ Study of the effects of the concentration of adult entertainment establishments in
the City of Los Angeles
Los Angeles, California, Planning Department, 1977
Reports yet to be received and reviewed:
_ Commercial Revitalization Plan for the Charlton-Pollard Neighborhood
City of Beaumont, Texas
_ A report on zoning and other methods of regulating adult entertainment uses in
Amarillo
City of Amarillo, Texas
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19.58.024 Adult-oriented reaeation businesses. "
-'
A.
The following described businesses are deemed to be adult-oriented recreation businesses, and shall
only be permitted in the C- T zone:
1. Adult bookstores;
2. Adult motion picture theaters;
3. Adult mini-motion picture theaters;
4. Cabarets;
5. Coin-operated adult entertainment facilities;
6. Massage parlors;
7. Body painting studios;
8. Dance halls;
9. Model studios;
10. Sexual encounter studios and rap parlors;
11. Narcotic or drug paraphernalia shop.
B. Location Requirements. An adult-oriented recreation business shall only be located in the C- T zone,
and no such business shall be located within five hundred feet of residentially zoned territory, which
is located upon the same street or streets, or is within five hundred feet of residentially zoned or
residentially used properties as measured along street right-of-ways from the proposed location to the
boundary line of said residentially zoned or used properties, or is located within five hundred feet
measured radially of any building site containing a school, park, church or playground. Furthermore,
no adult-oriented recreation business shall be located within one thousand feet of another
adult-oriented recreation business.
C. Specific Standards-View oflnterior from Public Way. All building openings, entries and windows from
adult entertainment establishments shall be located, covered or screened in such a manner as to
prevent a view into the interior from any public or semipublic area, including public sidewalks, streets,
arcades, hallways or passageways, of any material which has as its primary or dominant theme matter
depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas,
or of drug paraphernalia, as defined in this code. Further, such businesses may not have signs,
graphics, or window displays which in any way present, depict, illustrate or describe any such
material.
COrd. 1954 U (part), 1981; Ord. 1855 U, 1979).
)1/.,1
COUNCIL AGENDA STATEMENT
Item )5
Meeting Date 08/10/93
ITEM TITLE:
PUBLIC HEARING
ON AMENDING THE CITY'S 1992-93 HOME
PROGRAM DESCRIPTION
RESOLUTION Amending the City's HOME Program
Description to Reallocate Funds for Acquisition of Rental Property; Approving
an Agreement in Lieu of Condemnation of the Property at 31 Fourth Avenue;
Approving a Housing Cooperation Agreement Between the City and South Bay
Community Services (SBCS) for the Development of a Short-term Housing
Facility for Homeless Families; and, Appropriating Funds not to exceed
$610,146 for a Loan to SBCS for Acquisition and Rehabilitation of a l4-unit
Apartment Building at 31 Fourth Avenue and Authorizing the City Manager to
execute associated loan documents
Community Development D~tor C-~ I
--"/' 2 rJ!
City Manager (j lJ ? (4/5ths Vote: YES ---X- NO _)
South Bay Community Services (SBCS) is a local, non-profit, public benefit corporation providing a
variety of services to youth and families in the South Bay with emphasis in Chula Vista. SBCS is in
escrow to purchase a l4-unit apartment building at 31 Fourth Avenue which they plan to develop into
a short-term housing facility for homeless families. SBCS has requested a grant/loan of $617,646 of
HOME federal housing funds for acquisition and rehabilitation of the apartment building.
SUBMITTED BY:
REVIEWED BY:
The City Council. at its meeting on March 23. 1993. conceptually approved funding in the amount
of $618.000 for the Proiect. and at its meeting on July 13. 1993 approved a Conditional Use Permit
for the project. Funds identified for the project at that meeting were Agency housing set-aside funds
and CDBG entitlement funds. Based on a letter from HUD, the project is now eligible for HOME
federal housing funds, of which the City has $1.243 million. To utilize the HOME funds for this
project, the City must reallocate funds to the rental property acquisition category of its 1992-93
HOME Program Description.
The Housing Cooperation Agreement provides that the City's duty to make the loan will be contingent
on, among other things, receipt of a loan from National City of $250,000. The Agreement contains
strong provisions regarding property management and occupancy standards. It requires the submittal
and approval of a comprehensive property management plan.
RECOMMENDATION: That the City Council open the public hearing and continue the nublic
hearine to a date and time certain. that bein!! Tuesdav. AUl!Ust 17. 1993 at 6:00 n.m.. in the
Council Chambers.
[DHISBCSl-2.113]
15-1
COUNCIL AGENDA STATEMENT
Item I'
Meeting Date 8/10/93
ITEM TITLE:
Report: Proposal for Child Care Facilities for New Community Centers/City
Facilities
Child Care Commission b1/
SUBMITTED BY:
In 1989, the Chula Vista 2000 Child and Adult Care Subcommittee identified the need to consider the
inclusion of day care services at new community centers in Chula Vista. The Chula Vista 2000 Child
and Adult Care Subcommittee also requested that the Council consider the implementation of a policy that
mandates day care be considered as a required element in any new public facility such as a community
center or civic building. At its October 17, 1989 meeting, the City Council, in response to this need,
directed the Parks and Recreation Commission to evaluate the feasibility of including child care facilities
in new community centers.
The provision of good quality child care in convenient and safe locations is an important issue facing the
City as the trend of single and dual income working parents continues to grow. This report will discuss
a proposed child care element amendment to the General Plan to incorporate child care facilities in City
buildings.
CHILD CARE COMMISSION RECOMMENDATION: That the Council direct staff to work with
the Child Care Commission to prepare an appropriate amendment to the General Plan and any applicable
ordinance provisions to accommodate the consideration of placement of child care facilities in existing
and future public City buildings.
OTHER BOARDS/COMMISSIONS RECOMMENDATIONS: The Parks and Recreation Commission
voted to support a policy of child care services at City sites and to implement a "check list", to be utilized
where appropriate, in future City building plans in order to accommodate child care.
DISCUSSION: The Chula Vista 2000 Child and Adult Care Subcommittee was working with
information that new community centers were in their final planning stages for development; however,
construction of community centers in the City is on hold due to funding constraints.
At its January 18, 1990 meeting, the Parks and Recreation Commission appointed an ad hoc committee
to work with the Chula Vista 2000 Subcommittee on Child and Adult Care to formulate such a policy.
The Parks and Recreation Commission's ad hoc committee referred this project to the Child Care
Commission when it was formed in July, 1990. In Chapter 2.34.020 of the Chula Vista Municipal Code,
it states:
It is the purpose and intent of the City Council, in establishing the Child
Care Commission, to create an advisory body which would serve as a
resource to advise and make recommendations to the City Council and
the City Manager on child care needs and issues, and to promote the
availability of quality, affordable child care within the community. The
purpose of the Commission is to focus community energies and resources
on child care issues which, as accomplished, will positively affect the
physical, social, and the economic life of Chula Vista.
[childcar\policy}
1 /~., J
Item
Meeting Date 8/10/93
Chapter 2.34.020 establishes tbe Commission's goal to support child care services in tbe City of Chula
Vista.
Subsequently, at its September 18, 1990 meeting, tbe Child Care Commission appointed two commission
members to sit on an ad hoc committee witb three members of tbe Parks and Recreation Commission.
The ad hoc committee met to formulate a policy on child care services in City buildings.
The Child Care Commission is proposing an amendment to tbe General Plan, as a child care element,
which would define parameters for decisions as to who would be responsible for tbe funding, planning,
coordination and management of day care services in City buildings. Furthermore, a child care element
would playa major role in recognizing target populations, facility design, and programming constraints.
This direction is referenced in Chapter 2.34.30 (D) as tbe Commission's functions and duties.
Obiectives for Child Care Services
The Child Care Commission's discussions regarding a child care element in tbe General Plan, for child
care services, covers tbe following objectives:
1. To recognize that tbe future of our City is dependent on tbe care and education tbat we give to our
children, particularly tbose from lower socioeconomic families.
2. To consider tbe feasibility of including child care programs in all new City buildings when deemed
applicable.
3. To construct new City buildings to meet standards of tbe State of California licensing for child care
programs, whetber or not such child care programs in City buildings will be immediate or only a
possibility for a later date.
4. To develop a list of providers who could operate such programs, tbus taking any burden off tbe City
to do so.
Meetinl! tbe Objectives
The Commission believes tbe best way to achieve tbe objectives is to add a child care element to tbe
General Plan. While issue discussion at Commission meetings has been preliminary as to tbe structure
and content of a General Plan element, it is recognized tbat tbe Commission must coordinate its work
program witb affected City Departments.
A major discussion item of tbe Commission regarding objective attainment is tbe idea of a "check list"
to be utilized in tbe design process for city public buildings. The Child Care Commission believes a
"check list" should be included in all future facility plans for possible child care programs to assure that
future City buildings are designed to accommodate child care programming at any time, in several
specifically designed rooms that can sustain shared use.
[childcar\policy]
2 1I,"ol
Item
Meeting Date 8/10/93
An example of criteria on the "check list" is as follows:
1. Rooms should be at least 1,000 square feet in size.
2. Bathrooms should include at least eight (8) toilets and eight (8) sinks that could be used by children.
3. A separate staff bathroom be included in the facility.
4. Built-in storage, either in rooms or adjacent areas.
5. Outside areas should be fenced with a minimum of a five (5) foot fence.
In addition, the Child Care Commission recommends the City explore the feasibility of retrofitting
existing facilities for the possible use of child care.
FISCAL IMPACT: Not known at this time.
(childcar\policy]
3 )~:3
/]
=ill?
August 9, 1993
SUBJECT:
The Honorable Mayor and City Council
John D. Goss, City Manager~
George Krempl, Deputy Cit~anager forti
Teri A. Enos, Principal Management Assistan~
Solid Waste Information Update
TO:
VIA:
FROM:
The information transmitted herewith is in partial fulfillment of your recent
requests for information regarding the solid waste issues. We propose that you
continue this item until your meeting of August 24, 1993 or convene a special
meeting just prior to the August 27, 1993 deadline to join the Commission.
The following is included for your information:
1. A onfrpage synopsis of each of three issues including what the agreement
language says, what the County Board or the Interim Commission have done,
and what our current position is (attached).
2. The text of the speech given by Bruce Boland, County Director of Public
Works, to the Interim Commission on August 4, 1993, and copies of the
transparencies used by him in his presentation (attached).
3. NOTE: In response to your question regarding the cost to line and cap
landfills: $800,000 per acre... $400, 000 for the liner and $400,000 for the cap
per acre.
4. County staff is in the process of gathering the information needed to respond
to your request for a breakdown of the cost of operating the County solid
waste management system and Councilmember Horton's request for
information on the amount of money available in the County's enterprise fund
for old landfill clean-up. I will provide you with this information as soon as
It becomes available to me.
Summar v
The above issues and information point out that the situation is still in a state
of flux. The City of Carlsbad will be taking up the question of joining the
Commission or not on August 10, and the Cities of Escondido and Oceanside will
do so on August 18.
The question remains as to whether or not to join the Commission. On the plus
/?)
side, the risks have been reduced over the past few weeks based on Board adoption
of the Second Amendment, County Counsel opinion, the recent Commission
recommendations to go "pay-as-you go" and not support the San Marcos financing
issue and cease making expenditures in pursuit of north and south county landfill
sites until an agreement on permanent governance occurs. Finally, a number of
the "non-signatory" cities feel they can exert a controll ing interest, along with
some of the sympathetic remaining cities, over the Commission business. Wecould
save litigation costs for challenging the surcharge, as well as get the Landfill
Facility Fee instituted for Chula Vista.
The con side argument is that the risks are still major ones and we would be
committing our flow without an acceptable vehicle to pull out and without control
of what the tipping fee charge set by the Board might be. The Agreement
obligates us until May 31, 1994 unless the County first issues bonds based upon
a majority vote of the Commission. Thus we might be unable to access cheaper
disposal services that might become available. We would also be subject to the
risk that the smaller jurisdictions representing a smaller total flow could
constitute a majority vote against the interests of Chula Vista and some of the
larger cities. An additional risk is that the Interim Commission could bind
Chula Vista to a permanent governance structure, the terms and conditions of
which we don't agree with. The mitigation from this is the County Counsel
opinion which states cities can leave with their trash flow if they don't support
the permanent governance structure. The opinion, however, is not backed up by
the language of the Agreement.
We recommend that the Council deliberate on these issues but defer any final
action until the meetin9 of August 24, 1993 or convene a special meeting just
prior to the August 27 deadline. This will afford an opportunity to see whether
the County further considers the most recent recommendations of the Commission
and what actions, if any, the other non-signatory cities might take. It will
also allow us to provide an update on any legal challenge to the surcharge.
GK:mab
J 7- c2.
ATTACHMENT 1 PAGEl OF4
CONCERN lA: THE POTENTIAL FOR 20 YEAR EXPOSURE TO TIPPING FEES
WHICH EXCEED THE FREE MARKET LEVEL DUE TO FLOW COMMITMENT
REQUIREMENTS IF THE COUNTY ISSUES BONDS.
ORIGINAL AGREEMENT TEXT:
This Section of the Agreement deals with the expiration and reversion of the flow control
covenant:
"No Bond Issne. As to all members, on May 31,1994, unless the COUNTY first relies on the
Flow Control Covenant in issuing bonds to fmance the San Marcos facility expansion and lor
closure and to provide fmancing for other solid waste projects in the approximate amount of
$60 to $100 million;" (Section 3.8(a)(1))
BOARD/COMMISSION ACTIONS REGARDING THIS CONCERN:
The Board, on reco=endation ofthe Interim Co=ission, voted to amend this section ofthe
contract to state that it agrees not to issue solid waste facility bonds without the concurrence
of a majority vote of the members of the Interim Co=ission. The amended language now
reads:
"No Bond Issne. As to all members, on May 31,1994, unless the COUNTY first relies on the
Flow Control Covenant in issuing bonds to finance the San Marcos facility expansion and lor
closure and to provide fmancing for other solid waste projects in the approximate amount of
$60 to $100 million; the COUNTY agrees that it will not issue solid waste facility
bonding prior to June 1, 1994 without the concurrence of a majority vote of the
members of the Interim Commission." (Second Amendment to Interim Agreement)
HOW THIS ACTION ADDRESSES CHULA VISTA'S CONCERN:
Through the addition of this language, which the Board approved on August 3, 1993, we are
reasonably assured that the County will not proceed with bond issuance without the
concurrence of a majority of the Commission. Staff considers our concern to be mitigated by
the addition of this language.
/ ? -.)
ATTACHMENTIPAGE20F4
CONCERN IB: THE POTENTIAL FOR 20 YEAR EXPOSURE TO TIPPING FEES
WHICH EXCEED THE FREE MARKET LEVEL BASED ON A MAJORITY VOTE OF
THE COMMISSION WITH NO WITHDRAWAL PROVISIONS.
A majority vote ofthe Commission (assuming aUI7 city agencies join) would be 10. Therefore,
Chula Vista could be committed to participating in the system for 20 years by a vote of the
majority of the member agencies. This voting majority could conceivably constitute a minority
of the total solid waste flow (28.8% of the cities' solid waste flow) and a minority of the total
population represented by aU of the cities..
AGREEMENT TEXT (Second .Amendment, Stated under Concern IA):
No Bond Issue. As to aU members, on May 31,1994, unless the COUNTY first relies on the
Flow Control Covenant in issuing bonds to finance the San Marcos facility expansion and lor
closure and to provide fmancing for other solid waste projects in the approximate amount of
$60 to $100 million; the COUNTY agrees that it will not issue solid waste facility
bonding prior to June 1, 1994 without the concurrence of a majority vote of the
members of the Interim Commission. (Second Amendment to Interim Agreement)
BOARD/COMMISSION ACTIONS REGARDING THIS CONCERN:
The Interim Commission recommended on August 4, 1993, that the Board not support the San
Marcos fmancing issue but instead proceed on a pay as you go basis. Further the Commission
recommended that the Board cease making expenditures in pursuit of north and south county
landfill sites until an agreement on permanent governance, or lack thereof, occurs.
HOW DOES THIS ACTION ADDRESS CHULA VISTA'S CONCERN:
The Commission vote moves in the right direction but has yet to be acted on by the County.
The best alternative would be to have it reflected in the language of the agreement.
J 7"1
ATTACHMENT 1 PAGE30F4
CONCERN 2: THAT THERE ARE NO PROVISIONS FOR WITHDRAWING FROM THE
COMMISSION IF THE CITY DOES NOT AGREE WITH THE PERMANENT FORM OF
GOVERNANCE ADOPTED BY A MAJORITY OF THE COMMISSION.
AGREEMENT TEXT:
This section of the Agreement deals with reversion of flow covenant:
Section 3.8(b )(2)
"To Interim Commission In the event that a permanent governance entity is not established pursuant
to Section 4.5(c) any flow committed to the Interim Commission shall be retained by the Commission,
as allowed by law, otherwise to the Member Agency."
Section 4.5(c) as referenced in previous paragraph:
"Develop Permanent Governance EntiW The Interim Commission shall consider alternative
organizational structures, including ajoint powers agreement, for exerting a unified effort to accomplish
regional, solid waste objective. No later than may 31, 1994, the Interim Commission shall develop a
permanent governance entity designed to maximize the members' collective strength in pursuing their
interests in disposing of solid waste. The permanent governance entity:
(1) Shall include all participating cities and the COUNTY;
(2) Shall be empowered to contract for solid waste processing and disposal; and
(3) May be empowered to (a) take over and operate the COUNTY facilities, (b) create new
facilities and (c) contract with outside providers.
BOARD/COMMISSION ACTIONS REGARDING THIS CONCERN:
No actions have been taken by Board (nor recommended to the Board by the Interim Commission)
however, a joint opinion of County Counsel and the Poway City Attorney was issued on July 28, 1993
(attached) which is as follows:
"...that the Interim Agreement without further amendment currently provides that all flow
commitments made by a city shall revert to that city on May 31, 1994, if that city has not agreed to the
permanent form of governance, unless by that date a majority of the Interim Commission has
recommended and the County has issued the solid waste facility bonding described in Section 3.8(a)(I)
of the Interim Agreement; in which event, only that flow committed to the Interim Commission shall
revert to such city."
HOW THIS ACTION ADDRESSES CHULA VISTA'S CONCERN:
After careful review of the Interim Agreement as amended, Staff and the Attorney fmd that the above
referenced opinion has no relationship to the actual language in the Agreement. It remains an opinion
as to what the authors believe is the intent of the agreement.
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AN'lHONY ALItIll
IlWllllAADSlIY
_0ENlY~_
Jult 28, Jen
Honorabl. loard 0' Supervfsor. Ind
Honorabl. "l1ors Ind Cft,r Councn....n
R.~ Int.ri. Solid was,. Agr....nt
61~1! .11
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ATTACHMENT l' page 4 of 4
It .. the opInIon 0' the und,nt,nlll Coune, Couns.l .r tII. Count1 0.'
San Oft,. and the Cft" AUorn.y ., thl City.' 'oway that tilt Interfll
Agr.ement wtthout further amendment currently proYid.. that "1 flow
COllJllltment. lIede by . cttYlhall ...val't to that Cftl on Ha,y U, 1"4. ff that
city ha. not ag~ld to the permanent fOMl 0' gOYlmlnC't unl,sl by that date.
lIajorlty of tht Interilll CQllIIlssion hIS recoaIllendtd and he Celunt)' lias tssued
the solId waste facil1~ bonding descrfbed fn Stctton 3,8(1)(1) 0' the Int.rt.
Agr.ementl tn whIch .v.nt. onl1 that flow comnitt,d t. the Intert. C.mmtsston
shan revert to .uch C1\1. ,
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ATTACHMENT 2
INTRODUCl'ION
GOOD AFTERNOON. I'K BRUCE BOLAND, DXRBC'1'OR Oli' THE DEPAR'J'MEH'l'
OF PUBLIC WORKS. I'K DBLIaH'rBD TO BE HERB TO DISCUSS WITH' YOU THB
SOLXD WASTE BNTJ31U>lUSB FUND AND ITS ASSOCIATED OPERATING AND
CAP:tTAL IKPROVEKEN'1'S B1JDQBT.
THE BOARD OF SUPERVISORS ESTABLISHED A SOLXD WASTI!: 2NTBlU'RISE
FUND IN 1982 AS THE soLB SOURCE OF FUNDING FOR THE SOLID WASTE
PROGRAM. IT IS :INDEPENDENT Oli' THE COUN'l'Y'S GENERAL PUND. STATE
LEGISLATION PROVIDES FOR THE ESTABLISHMENT OF ENTERPRISE FOlIDS FOR
SPECXFIC SERVICBS FURNISHED TO 'l'HE GENERAL PUBLXC AND FXNANCED
PRIMARILY BY CHARGES FOR THOSEl sERVICES.
IN ADDITION TO THE 5 ACTIVE LANDFILLS WE MAIN'l'AXN '1'0 SERVB THE
NEEDS OF THE REGION, WE ARB ALSO RESPONSIBLE FOR 39 OTHER INACTIVE
LANDFILLS AND BURN SITES.
THE ESTIMATED TONNAGE SYSTEM-WIDB FOR FY 1993/94 XS 1.68
KILLION TONS. ACTUAL TONNAGE FOR FY 1992/93 WAS 1.7 KILLION TONS.
THE ESTIMATED TONNAGE ASSUMES THE WASTE OF ALL THE JDRISDICTIONS
c:tlRRENTLY USING THE LANDFILLS.
THE OPERATING BUDGET OF 'l'HE SOLID WASTE ENTERPRISE FUND IS
$75.9 K+LLION.
REVENUE IS CENERATED '1'0 SUPPORT THIS YEAR'S
OPBRATING BUDGET BY 'l'HE $43 PER TON TIP FEE AND $6.8 KIT,T,'[ON OF
OTHER MISCBLLll.HBOUS REVENUBS. WE HAVE ADDRESSED TO THE CHIEF
ADMINISTRATIVE OFnCER THE CONCERNS OF THE HAUL1l!RS EXPRESSED IN
THElIR RECENT LETTER TO 'l'II1t CHAIRMAN OF THE BOARD OP SUPERVISORS.
BASICALLY, IF WE: !?ELETBD THE ITEMS lU:COMHENDBD BY. THE HAULERS, IT
WOULD AMOUNT TO APPROXIMATELY A $1. 13/TON REDUCTION IN THE 'l':IP FEE
/7-7
...
Iv:ll 60-eO-C661
GOd 010
...
WITli A SAVXNGS OF UNDER $2 H:i:t.LXON ANNUALLY. A SIGNJ:FXCJ\NT AHOONT
OF HONEY BUT 1l0WHERE NEAR ENOUGH TO coVER THE REAL SYSTEM COSTS ON
'rilE CAPXTAL XMPROVEKENT SIDE. WE ALSO ADDRESSED THE STAFFING
CONcERNS EXPRESSED BY 'rIlE BAOLBRS.
THE SIGNIFICJ\NT FISCAL ISSUES SUMOUNDXNG 'rilE ENTERPRISE FUND
EXIST ON 'rIIB CAPXTAL XMPROVBKENT SXDE. FOR 'rIlE SOLXD WASTE
ENTllRPRXSE FUND TO REMAXN SOLVENT,. ACTXONS MUST BB TAKEN
lJOBDXATELY TO FUND THE: CAPITAL PROJECTS NECESSARY 'l'O CONTINUE TO
OPERATE THE SOLXD WASTE SYSTEM.
LAST YEAR ERNST AND YOUNG WAS HXRED BY THE CI'rIES TO AUDXT 'rIlE
SOLID WASTE SYSTEM. REPRESENTATXVBS OF ALL OF THE CITIES SPENT
MANY HOURS MEETING IUTH THEM AND DISCUSSXNG THE AUDIT. THB ERNST
AND YOUNG REPORTS DATED DECEMBER OF 1992 AND APRXL to JUNE OF 1993
ALL CONCl.UDED THAT TO AVOID XNSOLVENCY IN THE SYSTEM THE TIP FEE
MUST BE 'INCREASED TO $43 PER TON BY JULY 1, 1993 TO PtJNl) THE
OPERATING COSTS' OF THE SYSTEM. XN ADDITION THE CAPXTAL PROGRAM
MUST BE FUNDED BY BITHER SELLING $100 MILLION 01" BoNDS OR RAISING
'rilE TXP FEE TO $65 PER TON BY JULY 1, 1993.
WE ARE NOW 0llE MONnl INTO THE FISCAL YFAR. '.1'HE TIP FEE HAS
BEEN BArSED TO $43 PER TON TO FUND THE oPERATXNG COSTS. HOWEVER NO
ACTION HAS YET BEBN TAKBN WITH RESPECT TO FUNDXNG CAPITAL PROJECT
COSTS. AS A RESULT, 'rHE: SYSTEM IS NOT CURRENTLY MEETXNG ALL OF ITS
FINANCIAL OBLICATXONS AND THIS LACK OF ACTION IS DRIVING THE l'VND
'l'OWARD XNSOLVElICY.
ON THE SCREEN IS A LXS'l' OF 'l'RB CAPITAL PROJBCTS WHXCH WI:LL BE
FUNDED BY THE $1QO MJ::LLXON IN CAPI:TAL NE:EDS I MENTIONED EARLIER.
VERY FEW OF THESE PROJECTS CAN BB HELD OFF -- XN FACT, ONLY
) 7~'ii
EOd 010
av:11 60-80-E661
~
ABOtlT $19 MILLION CAN STAND ANY SIGNIFICANT DELA'l! 1JID THAT DELAY IS
. ONLY IN THE KAGNXTtlOE OF ABOUT 1 Yli:AR. THE XSSUE OF PAYMENT JI'Oll
TIER 2 AND 3 PROPERTIES ADJACEN'l' 'l'O THE SAN MARCOS LANDFILL STXLL
HUST BB ADDRESSED B'l! THE BOARD OF StJP2RVXS01lS. AND THAT nJl:CXSXOlf
IS CLOUDED BY THE LXTXCATIOH ISSUES.
TO GIVE YOU A FBELZHG FOR THE MAGNJ:TUDR OF SOME OF THE
INACTIVE LANDFILL REKBDXATION ISSUES I'D LIlCB TO ADDRESS pALOM1\ll
. .
AXRPORT POR EXAMPLB.
(AERIAL PXCTtJRE; 35mm SLIDES OFAXRPOR'l')
PALOMAR AIRPORT -- $40 MILLION 'l'OWARD THE OVERALL GROSS REGIONAL
PRODUCT. (EQUAL 'l'O KOllTJI COtlllTy I'ant).
THE ENCINXTAS AND HILLSBOROUGB LANDFILLS ARB OTHER EXAMPLES.
THESE LANDFILLS ARE XN RESXDENTXAL COMMUNITXIi:S WHICH WE MUST CLOSE
IN ACCORDANCE WITH CURRENT REGULATIONS, AND CONTINUR EX'l'BNSIVE LONG
TERM MONITORING.
THE .SOU'l'H BAY IS NOT IMMUNE. THE OLD 'DUCK POND' LANDPILL IS
OF SERIOUS CONCERN TO NATIONAL CIT'!!. WE ARE WOlUtING WITH THEM TO
BVALUATE THE LANDFXLL AND MARE NECESSARY REPAIRS AND MITIGATXON.
A OECISXON MUST BE MADE NOW TO EITHER PROCEED WITH BONO
FlNANCIl'IG OR FUR'l'HER XNCREASE TIP FEES. WKAT THE ACTUAL TIP FEE
WILL XNCREASE TO, DEPENDS ON THE BFFECTXVE DATE OF THE :INCREASE AND
THE TIMING OF CBRTAIN CAPITAL PROJECTS.
BASED ON THE ACTION THAT 'l'HE BOARD TOOK 'l!ESTERDA'l!, II' THE
coMMISSION DOES NOT MAKE A MAJORITY RECOMMENDATION TO BOND, 'l'REN
THE BOARD WOULD NOT BE ABLE TO 1'Jl()CEED WITH BOND FJ:NANCING.
THEREFORE STAFF 1I0ULD RECoMMEND THAT THE COMMISSI:ON IMMEDJ:ATELY
RECOMMEND THAT THE BOARD OF SUPERVISORS INCREASE TIPPING FEES TO
/7'1
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AVOID INSOLVENCY.
$65 BY OCTOBER 1ST IS '1'I'lE RECOMMEll'DATXON AsStl'M'INC THAT TIER 2
pR.OPBRTIES JUU: PURCHASED XN THB CURRENT FISCAL YEAR., AND TXBR. 3 IS
DBFBlUlED. THIS ASSUMES THE REMAINDER OF THE SAN MARCOS EXPANSION
PROJECTS CONTINUE.
WB ALSO RECOMKEND THAT YOU CONSID:i!:R.
RECOMMENDI:NC TO THE BOARD or SUPERVISORS THAT Ptm'l'HBR ACTION ON
SI'l':tNC NEW LANDFIUS IN BORTH AND SOUTll COUNTY BB DEFERRED UNTIL
THE ISSUES SURROUNDI:NC EVENTUAL GOVEJUfANCE AR.E CLARIFIED. SEVBRAL
OF THE OTHER pROJECTS ON THE LiST AR.E AI.sO ONGOIBG AND DlUVBN BY
l\EGmATORY RBQUIR.EMBNTS (SUCH AS THE GAS FLARE SYSTEMS AT THE
INAC'l'I:VE I.ANDFILLS, GROUNDWATER MONITORYNC AND CLOSURE OF INACTI:VB
SITES, AND OTAY cANYON 3 PREPARATION): THEY MUST BE CONTINUED.
BASED ON THESE ASSUMPTIONS AND THE CURRENT CAPITAL NEEDS, THE $65
PER. TON WOULD HOID STEADY FOR THE NEXT 15 'YEARS AND WOULD ASStlHE NO
ISSUANCE OF BONDS.
I HOPE THIS OVERVIEW HAS BBEN HELPFUL IN YOUR DELIBERATIONS
LEADING TO RECOMMENDATIONS TO THE BOARD OF SUPERVISORS.
I AM AVAILABLE FOR QUESTIONS.
/7-/tJ
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Cv:tt 60-BO-C661
SOd 010
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. County of San Diego
CAPITAL PROJECl' NEEDS
ACTIVE LANDFIUS
. SAN MARCOS EXPANSION..
$49
(Tier 1
(Tier 2
(Tier 3
(aJP req'mts
( olber req'mtl
. RAMONA BUFFER ZONE
OTAY. CANYON 3
OTAY I..AND PURCHASE
OTAY FLt\RD
SYCAMORE FLARE
TOTAL
INACTIVE SITE REMEDIATION
. SAN YSIDRO BURN SITE
PALOMAR AIRPORT
JAMACHA LANDFILL
POWAY LANDFD1.
BNCINITAS Lt\NDFILL
VALLEY CENTRR lANDFILL
GIIJ.llS~m lANDFILL
BO~SALL ~FILL
MILLION
.. S 11) .
. $ 10 ) .
.. $7) .
.. $9) .
. SI2) .
. SO.S .
.. $6 .
.. $11.5 .
.. $1 .
.. $1 .
= $ 58 MILLION
.. SO.Z' MILLION
. $6 .
. 58 .
. $2 .
.. 56 . I
.. 52 .
.. 52 .
.. 51
- $27 MILUON
TOTAL
PROPOSED FACILITIES
NO. COUNTY LANDFILL
SO. COUNTY LAND1011.1.
. VISTA TRANSF~~ SITP.
TOTAL
TOTAL
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. $ 6 !dD.LlON
.. $3 .
~ $6 .
- $15 MlWON
.. $100 MILLION
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IMPORTANT NOTICE
SOUD WASTE SURCHARGE
EPFEcnVS AUGUST 1. 1993. A SOUD WASTIl TIP FEE SURCHARGE
WILL BE LEVIED AGAINST SOUD WASTIl DISPOSED OP AT COUNTY
lANDFILLS WHICH ORIGINATES IN ANY OF THE FOLLOWING crnJlS.
. CARlSBAD . BNClNITAS . OCEANSIDE
. CHULA VISTA . ESCONDIDO . SANTEE
. EL CAJON . IMPERIAL BEACH . VISTA
These cities did not sign an interim Solid Waste Agreement committing to
be a parlner In the regional solld waste system by the July 23, 1993 deadline.
Therefore, the surcharge will be added to the regular disposal fee for waste
originating In these cities. ThIs surcharge Is required to compensate for the
system's Inability to plan for and llnance faclllties to dispose or process
waste from these cities. The surcharge also assures that these cities pay a
fair sbare of the system's landfill closure and post closure costs including
costs to remedlate environmental problems associated with old landfills.
IF ANY PART OF WlJR LOAD OBIGlNATIID JIIIOM A. NON-MIJMB1!R crrr.
THB DISPOSAL PlJlI WIlL BE:
PASSENGER VEHICLE CHARGES I ALL OTHLR VEHICLE CHARGES
MIud Waa16
$7.00 for cars
$15.00 for plck-ups/tra1lers 8' or less
Mb:sd ware
$62.00 per ton
GrtHln Wale
$4.00 for cars
$9.00 for pick-ups/trailers 8' or less
Green Wate
$37.50 per ton
IlFFIlC11VB 8flI93
YOU MUST TELL 11IE FEE COLLECTOR THE ORIGIN OF YOUR WASTE.
FAILURE TO DO SO WILL REQUIRE A SURCHARGE, REGARDLESS OF
THE ORIGIN.
To misrepresent the orltlln of your load subJeets JOB or your company
to lIII administrative fee of ten (10) times yoar _eel tipping fee. up
to one thousand dollars ($1.000),
This fee escalates to $10.000 following three (3) ofteuses.
Cl/Zl91)
) 7, / :J
--#/7
1
, ,
,
-iLl?
Date:
August 5, 1993
From:
The Honorable Mayor and City Council
John D. Goss, City Manager 6.j!$
Teri A. Enos, Principal Management Assista~
To:
Via:
Re:
Solid Waste Update
The following is a synopsis of what occurred at the August 4, 1993 Interim Solid Waste
Commission Meeting and the City's attempt to have further language changes to the
Agreement considered.
I. Interim Commission Meeting of August 4, 1993
A New Seatings
The Cities ofEncinitas, El Cajon and Vista were seated on the Commission. It should
be noted that even though they were seated at the table their seating is technically unofficial
until such time as all of the participating cities ratify the second amendment to the agreement.1!
B Actions Taken.
At the meeting, the Interim Commission took the following actions:
1. The County Staff recommended to the Interim Commission ("IC") and the IC
approved recommending to the Board of Supervisors ("Board") that the Board
not support the San Marcos financing issue, but instead supported a pay-as-you-
go financing method. This will cause an 'increase, effective October 1, 1993, in
the tipping fee rate from $43/ton to $65/ton. This is a tentative figure and
County staff indicated that it may go higher due to such things as the possible
1. The Second Amendment, if approved by all the member agencies, will extend the date to join
the Commission to August 27, and provide that the County agrees that it will not issue solid
waste facility bonding prior to June 1, 1994, without the concurrence of a majority vote of the
members of the Interim Commission. This Second Amendment was approved by the Board
on August 3, and we are uncertain as to the progress of the member and pending member cities
in accepting the Second Amendment, but are confident that all will accept it before the August
27 date.
17 - I~
,
.
Solid Waste Update
August 5, 1993
Page 2 of 3
need to acquire additional lands around the San Marcos landfIll. The IC also
recommended that no other fee increase occur for 15 years.
2. The County Staff also recommended to the Interim Commission ("IC") and the
IC approved recommending to the Board of Supervisors ("Board") that the
Board cease making expenditures in pursuit of north and south county landfill
sites until an agreement on permanent governance, or lack thereof, occurs.
3. The IC also approved recommending to the Board that they defer "Tier III
Purchases", a matter dealing with San Marcos landfill, until information on the
impact of the tipping fee is provided.
4. County Staff reported that the Board has directed them to look at ways in which
those cities joining the Commission, subsequent to the imposition of the
surcharge but prior to the August 27 date, could be given a credit for surcharges
during that period. They suggested a credit against future tipping fees. County
staff indicated that the refund of surcharge fees would be handled as a credit vs.
a rebate and that the details of implementation would be presented to the
Commission at their next meeting.
C Chllla Vista's Request for Further Amendments
Prior to the meeting, the attached memorandum was distributed to all Commission
members. Councilmember Moore asked that the Commission consider the second part of the
proposed amendment to Section 4.5 of the agreement (Item B on the attached memo).
The Commission members indicated that they believed the amendment approved by the
Board addressed the same issue. County Counsel advised the Commission that the Chula Vista
request in fact differs from the amendment approved by the Board because it requires that the
terms of permanent governance be agreed to among the member agencies before they
recommend bonding.
No member of the Commission moved to consider this portion ofChula Vista's request.
/7 - I~'
, Solid Waste Update
August 5, 1993
Page 3 of 3
II. Other Cities' Actions Relative to Commission Membership
As previously indicated, Vista and EI Cajon voted to join the Commission on August 3, 1993.
On August 5, 1993, the Imperial Beach City Council voted to approve the Agreement with the
Second Amendment and join the Commission. Santee and Carlsbad City Councils are
expected to consider the matter next week, and are expected to announce they will join with the
Second Amendment. Oceanside and Escondido are not expected to change their opposition
positions.
III. Next Commission Meeting
The next meeting of the Interim Commission is September 2 at 10:00 a.m. in Rooms 302 and
303 of the County Administration Building.
IV. Council's Request for Additional Information.
Staff is preparing additional information requested by Council and will provide it as
soon as possible.
Attachment: I
(infoitm)
17- /~
ATTACHMENT 1
t
Date:
August 4, 1993
To:
Chair and Members of the Interim Solid Waste Commission
From:
Mayor, City of Chula Vista
Re:
Clarifying Language, Interim Participation Agreement Amendments
Changes requested by Chula Vista for participation in the Interim Commission are as follows:
1. The Proposed Second Amendment become incorporated into the Agreement.
2. Resolve Permanent Governance Before Issuing Bonds.
The City is willing to commit to, and participate in, a regional solution of the
trash problem, if the terms of the Permanent Governance Entity are .spelled out~ and
agreed upon among the member cities, so each of them can agree to the terms of the long
range solution before being obligated to contribute our trash. We believe the following
language will resolve our concerns:
A. Amend Section 3.8 (a) by adding subsection (6), to read as follows:
"(6) Withdrawal of Member. As to the withdrawin2 member a2encyl/. the
withdrawal of a member a2ency from the Interim Commission prior to that
member a~ency's agreement to the terms of the permanent governance."
B. Amend Section 4.5 (a) to add, as the last sentence thereto, the following:
a. Advice. The Interim Commission shall provide advice to the Board
of Supervisors of the COUNTY on the following matters that concern solid waste
facilities, operation, rates and financing: capital projects in excess of $50,000,
disposal alternatives if the San Marcos site is closed, other disposal options,
outside-county disposal, intra-county transfer of solid waste and Tip Fees.
However. the Interim Commission a2rees that it will not vote to recommend any
bond financin~ under Section 3.8(a)(l) to the Board of S1.lpervisors until the terms
of permanent governance are a2reed to among the member agencies.
1. This clause will specify that the entire agreement will not collapse, but just the flow
committed by the member agency.
)7 - (7